Special Education

Online Resources Library >> Regulations >> Special Education

Maine Unified Special Education Regulation; 05-071 (Chapter 101)

Emergency Adoption

Effective June 22, 2009

Summary: This rule governs the administration of the child find system for children age birth to twenty, the provision of early intervention services to eligible children birth to under age 3 (B-2) with disabilities and their families, and the provision of special education and related services to eligible children age three to twenty with disabilities and their families, implementing 20-A MRSA Chapters 301, and 303 and amendments.

Policy and Purpose

The purpose of this rule is to establish and maintain a statewide network that ensures the provisions of child find as set forth in federal law, for Maine families and children age birth to twenty. Additionally, this rule sets forth provisions governing the delivery of early intervention services to eligible children age birth to under age three (B-2) and their families and of a free, appropriate public education to eligible children age three to twenty with disabilities.

The Department of Education is designated as the State Educational Agency responsible for carrying out the State's obligations under the federal Individuals with Disabilities Education Act (IDEA), 20 United States Code, Section 1400 et seq., as amended. The Department and every school administrative unit, intermediate educational unit, public school, or other public agency that receives federal or State funds to provide early intervention or free appropriate public education services to children age birth to twenty with disabilities must comply with the Individuals with Disabilities Education Act, as amended, and all federal regulations adopted thereunder. [20-A MRSA Section 7006]

Every school administrative unit, intermediate educational unit, public school, or other public agency that receives federal or State funds to provide early intervention or free appropriate public education services to children age birth to twenty with disabilities must utilize the Department's required forms. An administrative letter will be sent on a yearly basis which will include links to the required forms.

This rule is intended to implement the State's obligations under the federal Individuals with Disabilities Education Act (IDEA) 20 USC. Sections 1400 et seq. as amended, and its implementing federal regulations, 34 CFR Parts 300 and 303, and Maine law, 20-A MRSA Chapters 301, and 303, and amendments thereto. Maine's Part C system implements a comprehensive, coordinated, multidisciplinary, interagency system providing early intervention services for infants and toddlers and their families.

Approval of Early Intervention and Special Education Programs

Early intervention, special education services and related services may be provided to children with disabilities only in schools and programs which have been approved by the Commissioner of the Maine Department of Education. For children B-5 early intervention (except special instruction) special education and related services are to be provided by certified or licensed personnel in natural settings or least restrictive environments determined by the IFSP or IEP Team.

The Commissioner reviews and approves all early intervention and special education services or proposed services provided by intermediate educational units (IEUs), public or private schools.

The approval of the early intervention or special education programs provided by a school administrative unit (SAU) or approved private school shall include the Department's review and approval of the special education reports required under 20-A MRSA Section 7204(4) and submitted in the form and manner required by the Commissioner and the program review and technical assistance process specified in Section XII of this rule.

Useful Links:

Early Childhood:

Childhood Special Education

Early Childhood Education/Child w/Disabilities

Early Intervention Infants/Children w/Disabilities

General Information:

Beach Center on Disability, University of Kansas

Special Education Checklist

Special Education Data

Special Education FAQS

Organizations:

CEC Links