[Mesppsdir] FW: Priority Notice: Invitation to a Conceptual Conversation Regarding Rule Chapter 101: Maine Unified Special Education Rule

Thu Jun 22 08:48:16 EDT 2023

FYI -

Best,
Sarah
________________________________________

Sarah Ferguson, MS SpEd
Education Specialist III – State Agency Programs Team
Office of Special Services & Inclusive Education
Maine Department of Education
23 State House Station
Augusta, Maine 04333-0023
Email: sarah.ferguson at maine.gov<mailto:sarah.ferguson at maine.gov>
Phone: 207-592-6498
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From: Maine Department of Education <communications.doe at maine.gov>
Sent: Thursday, June 22, 2023 8:30 AM
To: Ferguson, Sarah <Sarah.Ferguson at maine.gov>
Subject: Priority Notice: Invitation to a Conceptual Conversation Regarding Rule Chapter 101: Maine Unified Special Education Rule

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Priority Notice from the Maine Department of Education
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Invitation to a Conceptual Conversation Regarding Rule Chapter 101: Maine Unified Special Education Rule

Dear Champions of Education,

The Maine Department of Education (DOE) is opening the rule-making process for Rule Chapter 101: Maine Unified Special Education Regulation Birth to Age Twenty (MUSER) in an effort to align MUSER language with current federal language (34 CFR 300 and 34 CFR 303). Much has changed since the last update in 2017 and, as a first step in this process, the Department of Education would like to invite regional participants to share their thoughts on the rule chapter in a series of conceptual conversations. These conversations will not pertain to the Emergency rule change in Section XVIII.

The Department intends to take the following steps with respect to review of this chapter:

We will hold three regional conceptual conversations across the state and will have Zoom links available for participants who are unable to attend in person. Stakeholders are invited to attend and provide input. These conversations will be facilitated by the Maine Department of Education Director of the Office of Special Services and Inclusive Education, Erin Frazier, along with the DOE Rulemaking liaison Laura Cyr. Other DOE members may join the conversations as their schedules allow. These conversations will be guided by the following discussion prompts.

  1.  Currently, how do you use MUSER to support your understanding of special education?

  1.  How frequently do you refer to MUSER?

  1.  How can MUSER be more user- friendly?

  1.  MUSER currently contains both state and federal (IDEA) language. Would you like MUSER to only to address special education specific to Maine or do you prefer to have federal (IDEA) language included within the document? Why or why not?

  1.  Some states have a companion document that helps parents understand state and federal law. What would you like to see in a companion document to special education in Maine that explains MUSER and IDEA?

  1.  MUSER contains replication of general education statute, for example including information about response to intervention (RTI)/ Multi-tiered systems of support (MTSS), written in Chapter 125, and certification, Chapter 115.  Would you like MUSER to keep elements of general education law or only address special education law? Why or why not?

  1.  For students, excluding state wards, who are placed into residential treatment for non-educational purposes by another state agency, in consideration of continuity of services, where should the FAPE obligation reside? In the school administrative unit (SAU) where the parent resides, the last SAU where the student attended school, or in the SAU of the residential placement/? Other? 

  1.  Developmental delay currently extends through the kindergarten year if the team cannot reach consensus on a primary disability. Do you think there is a benefit to extending the developmental delay category to the age of 8 or 9? Why or why not?

Dates and locations for these conversations are as follows:

  1.  Tuesday, June 27, 2023 Presque Isle, Presque Isle Middle School Auditorium (Zoom Link<https://maine.us2.list-manage.com/track/click?u=a582edd6473e477ef6307c769&id=f6dd980c0c&e=4bb1694fe4>)

  1.  Wednesday, June 28, 2023 Machias, University of Maine Machias, 116 O’Brien Ave. (Zoom Link)<https://maine.us2.list-manage.com/track/click?u=a582edd6473e477ef6307c769&id=d47930fc8b&e=4bb1694fe4>

  1.  Thursday, July 6, 2023 Augusta, Deering Building, 90 Blossom Lane, Augusta, Maine, Room 106 (Zoom Link)<https://maine.us2.list-manage.com/track/click?u=a582edd6473e477ef6307c769&id=bcb03a2f8e&e=4bb1694fe4>

  1.  Monday, July 17, 2023 Biddeford High School Little Theater, 20 Maplewood Ave (Zoom Link)<https://maine.us2.list-manage.com/track/click?u=a582edd6473e477ef6307c769&id=08e19244ea&e=4bb1694fe4>

Taking into consideration the insights gained from these discussions, the DOE will propose updates to Chapter 101 and begin the Maine Administrative Procedures Act (A.P.A.) major substantive rule process pursuant to Title 5 MRS §8052 (public notice of filing, public hearing, open public comment period). This process will include a public comment period during which the public may provide comment on the proposed revisions of the rule.

Once the proposed rule has been filed, the public will be notified of the scheduled public hearing and comment period.  This will be an opportunity to provide written and oral comments regarding the proposed rule.  

The DOE will review all comments and respond accordingly.  Updates to the rule will then be submitted for review as to form and legality before provisional adoption.  As a major substantive rule, this will receive a public hearing with the legislature before final adoption.

For more information about the conceptual conversations for Chapter 101, contact Laura Cyr at laura.cyr at maine.gov<mailto:laura.cyr at maine.gov>

Sent June 22, 2023
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Maine Department of Education · 23 State House Station · Augusta, ME 04333-0023 · USA

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