October 24, 2018

WEEKLY NOTICES OF STATE RULEMAKING
Public Input for Proposed and Adopted Rules

Notices are published each Wednesday to alert the public regarding state agency rulemaking. You may obtain a copy of any rule by notifying the agency contact person. You may also comment on the rule, and/or attend the public hearing. If no hearing is scheduled, you may request one -- the agency may then schedule a hearing, and must do so if 5 or more persons request it. If you are disabled or need special services to attend a hearing, please notify the agency contact person at least 7 days prior to it. Petitions: you can petition an agency to adopt, amend, or repeal any rule; the agency must provide you with petition forms, and must respond to your petition within 60 days. The agency must enter rulemaking if the petition is signed by 150 or more registered voters, and may begin rulemaking if there are fewer. You can also petition the Legislature to review a rule; the Executive Director of the Legislative Council (115 State House Station, Augusta, ME 04333, phone (207) 287-1615) will provide you with the necessary petition forms. The appropriate legislative committee will review a rule upon receipt of a petition from 100 or more registered voters, or from "...any person who may be directly, substantially and adversely affected by the application of a rule..." (Title 5 Section 11112). World-Wide Web: Copies of the weekly notices and the full texts of adopted rule chapters may be found on the internet at: http://www.maine.gov/sos/cec/rules. There is also a list of rulemaking liaisons, who are single points of contact for each agency.

PROPOSALS

AGENCY: 01-001 – Department of Agriculture, Conservation and Forestry (DACF)
CHAPTER NUMBER AND TITLE: Ch. 271, Gypsy Moth Quarantine
PROPOSED RULE NUMBER: 2018-P212
BRIEF SUMMARY: This proposed rule establishes a state quarantine against the gypsy moth to prevent its movement from all counties except parts of Aroostook, Piscataquis and Somerset Counties to other parts of the State, to protect Maine's forest and landscape tree resources. The Gypsy moth is federally regulated and this rule fulfills the requirement that Maine must have a similar state quarantine in place because the state is partially regulated for gypsy moth.
PUBLIC HEARING: November 14, 2018, 6:30 p.m., 45 Radar Road, Ashland, Maine 04732-972
COMMENT DEADLINE: November 26, 2018
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Gary Fish, DACF - Horticulture Program, 28 State House Station, Augusta, ME 04333-0028. Telephone: (207) 287-7545. Fax: (207) 287-5576. Email: Gary.Fish@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 7 MRS ch. 409 §§ 2301-2303
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
RELEVANT WEBSITE: http://www.maine.gov/dacf/mfs/forest_health/quarantine_information.html#gm .
DACF WEBSITE: http://www.maine.gov/dacf/ .
DACF RULEMAKING LIAISON: Mari.Wells@Maine.gov .

AGENCY: 01-670 - Department of Agriculture, Conservation and Forestry (DACF), Bureau of Parks and Lands (BPL)
CHAPTER NUMBER AND TITLE: Ch. 57, Logging and Forestry Education Grant Program
PROPOSED RULE NUMBER: 2018-P213
BRIEF SUMMARY: This rule establishes standards for the Bureau of Parks and Lands’ administration of an educational grant program for public secondary or public postsecondary institutions or career and technical education centers that are related to logging or forestry.
PUBLIC HEARING: Wednesday, 14 November 2018 - 6:00 p.m., Department of Agriculture, Conservation and Forestry Headquarters, 45 Radar Road, Ashland
COMMENT DEADLINE: Wednesday, 28 November 2018, 5:00 p.m. local time
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Jim Vogel, Bureau of Parks and Lands, 22 State House Station, Augusta, ME 04333-0022. Telephone: (207) 287-2163. Email: Jim.Vogel@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None.
STATUTORY AUTHORITY FOR THIS RULE: 12 MRS §1859 (PL 2017 ch. 289 §9)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: N/A
BPL WEBSITE: https://www.maine.gov/dacf/parks/index.shtml .
DACF RULEMAKING LIAISON: Mari.Wells@Maine.gov .

AGENCY: 05-071 – Department of Education (DOE)
CHAPTER NUMBER AND TITLE: Ch. 101, Maine Unified Special Education Regulation, Birth to Age Twenty
PROPOSED RULE NUMBER: 2018-P214
BRIEF SUMMARY: The Maine Department of Education is proposing amendments to Ch. 101, Maine Unified Special Education Regulation, Birth to Age Twenty. Some of the proposed amendments involve an effort to align MUSER language to current federal language at (34 CFR 300 and 34 CFR 303)
Substantive changes include the following:
* Changes responsibility for state agency clients to the SAU where the parents reside (not where the residential placement is located);
* Clarifies that when EUT tuitions a student with disabilities to an SAU, in the absence of written authorization from the Superintendent of EUT, the receiving SAU shall have authority to commit resources;
* Provides that parents who have obtained independent evaluations should provide those assessments to the SAU at least 3 days in advance of the IEP Team meeting;
* Provides that SAUs would be responsible for evaluating kindergarten-eligible children who are referred to CDS after April 1 of each year;
* Provides when a child has an abbreviated school day because of the child’s educational needs, the IEP Team must convene every 45 calendar days (currently every 20 school days);
* Removes Asperger’s Syndrome from the definition of Autism in order to match current medical definitions;
* Removes Section VIII, FAPE for Five-Year olds by IEP Team which currently allows kindergarten-eligible children with disabilities to remain the responsibility of CDS instead of transitioning to public kindergarten;
* Changes the requirements for Highly Qualified Teachers to match federal requirements that have reverted to IDEA. The proposal retains the previous definition of highly qualified in 34 CFR 300.18(b)(2) regarding alternate routes to special education teacher certification;
* Makes clear that vision services and definitions are the same for 3-20 year olds as provided for 0-2 year olds;
* Clarifies and revises various aspects of Due Process procedures.
* Provides that each school administrative unit must obtain, either by employment or contractual arrangement, the services of a special education administrator for a minimum of 3 hours per month.
Non-substantive changes are proposed as follows;
* Corrects typographical/spelling errors have been changed throughout the document.
* Defines a school year as July 1 and ending June 30 of every year.
* Removes the reference to the date for implementation of general education interventions.
* Removes references to specific magnet schools.
* Removes the specific names of Departmental forms.
* Replaces the term ‘native language” with “primary language”.
* Requires documentation of age of majority notification in the written notice.
* Clarifies that consultation services are a special education service when provided by a special education teacher or a speech language pathologist, when speech language is the primary disability. Consultation is a related service only when provided by other providers, such as occupational therapists or physical therapists, or by a speech/language clinician or pathologist to a child whose disability category is not speech or language impairment. 
* Requires that invoices to the Department for special education for state wards and state agency clients must be timely.
* Refines the definition of family training and counseling for infants and toddlers.
* Excludes children awaiting foster care from the definition of homeless.
* Replaces the term English proficient with “English learner”.
* Removes the term scientifically-based Interventions.
* Clarifies the definition of parent to include the definition in IDEA Part C.
PUBLIC HEARING: November 13, 2016 from 9:00 a.m. to 11:00 a.m., Cross Office Building - Room 103A, 111 Sewell Street, Augusta, Maine 04333
COMMENT DEADLINE: December 3, 2018 – 5:00 p.m.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Janice E. Breton, Department of Education, 23 State House Station, Augusta, ME 04333. Telephone: (207) 624-6676. Email: Janice.Breton@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: N/A
STATUTORY AUTHORITY FOR THIS RULE: 20-A MRS §7005(1)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: Individuals with Disabilities Education Act (IDEA)
DOE WEBSITE: http://www.maine.gov/doe/ .
DOE RULEMAKING LIAISON: Jaci.Holmes@Maine.gov .

AGENCY: 05-071 – Department of Education (DOE)
CHAPTER NUMBER AND TITLE: Ch. 115, The Credentialing of Educational Personnel
PROPOSED RULE NUMBER: 2018-P215
BRIEF SUMMARY:
* The Department has updated the rules consistent with recent statutory changes and removed redundancy and unnecessary language. The format is being refined to be clear and concise.
* Defines a pathway to become a teacher based upon work experience. A person will be able to use substantive work experience in place of courses in content area knowledge required for an endorsement.
* Part I will be revised to correspond with Part II. Part II will be revised to enhance and streamline the endorsements areas.
PUBLIC HEARING: November 15, 2018 – 9 to 11 a.m., Room 103 A and B, Cross State Office Building, Augusta, Maine
COMMENT DEADLINE: December 3, 2018
IMPACT ON MUNICIPALITIES OR COUNTIES: N/A
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Stephanie Fyfe, Department of Education, 23 State House Station, Augusta, ME 04333. Telephone: (207) 624-6871. Email: Stephanie.Fyfe@Maine.gov .
STATUTORY AUTHORITY FOR THIS RULE: 20-A MRS §13011(1)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: N/A
DOE WEBSITE: http://www.maine.gov/doe/ .
DOE RULEMAKING LIAISON: Jaci.Holmes@Maine.gov .

AGENCY: 05-071 – Department of Education (DOE)
CHAPTER NUMBER AND TITLE: Ch. 132, Learning Results: Parameters for Essential Instruction and State Accountability
PROPOSED RULE NUMBER: 2018-P216
BRIEF SUMMARY: As part of this revision, both the social studies and the science and engineering standards have been reformatted into our newly designed Maine Learning Results structure. This structure divides each content standards into three stages of development, childhood, pre-adolescence, and adolescence. Within these stages, we have also identified the associated grade levels, elementary, middle, high school. Additionally, we have standardized the language used so that the following three descriptors mean the same for each content area. These descriptors and their corresponding definitions are:
Strand: A body of knowledge in a content area identified by a simple title.
Standard: Enduring understandings and skills that students can apply and transfer to contexts that are new to the student.
Performance Expectation: Building blocks to the standard and measurable articulations of what the student understands and can do.
The social studies standards revision included emphasizing the guiding principles and their connections to the essential skills and practices of social studies. This was done by highlighting them in the introduction and by embedding examples of what this looks like throughout the performance expectations. The revision process also led to more of a focus on personal finance in the economics strand including adding “personal finance” to the strand title and through the creation of a new subsection that better reflected the importance of personal finance. Along the same lines, work was done to make sure that the teaching of Maine Native Americans occurred more authentically instead of seeming to be an add-on to existing performance expectations. There was also work done to better demonstrate a progression of rigorous expectations for our students as they progressed through their educational career. Lastly, the revised standards have updated language that reflects changes in technology and teacher capacity.
The science and technology standards revision adapted the Next Generation Science Standards© (NGSS) to Maine’s standards format. The revised standards utilize a three-dimensional approach to science incorporating the actual “doing” of science. The revised standards build coherent learning progressions and provide students multiple opportunities over various grade bands to develop a deeper understanding of each of the three dimensions of science. Students also engage with real-world problems and design solutions. This promotes critical thinking and problem-solving skills which are vital to student’s post-secondary success. To help make the standards relevant and meaningful to Maine students, the writing team provided examples from our Maine economy, ecosystem, and lifestyle wherever possible. And finally, the name of the standards has been updated to science and engineering standards to reflect the new three-dimensional approach.
PUBLIC HEARING: November 15, 2019 from 1 to 4 p.m., Room 103 A and B of the Cross State Office Building, Augusta, Maine
COMMENT DEADLINE: December 3, 2018
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Beth Lambert, Department of Education, 23 State House Station, Augusta, ME 04333. Telephone: (207) 624-6642. Email: Beth.Lambert@Maine.gov; sis.doe@maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES (if any):
STATUTORY AUTHORITY FOR THIS RULE: 20-A MRS §6211
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED:20-A MRS §6209
DOE WEBSITE: http://www.maine.gov/doe/ .
DOE RULEMAKING LIAISON: Jaci.Holmes@Maine.gov .

AGENCY: 05-071 – Department of Education (DOE)
CHAPTER NUMBER AND TITLE: Ch. 122, Grant Application and Award Procedure: Fund for the Efficient Delivery of Educational Services
PROPOSED RULE NUMBER: 2018-P217
BRIEF SUMMARY:
* Provided clarification by connecting language in rule back to Title 20-A MRS §2651
* Corrected statutory citations throughout
* Provided clarification on project design, objectives, and sustainability
* Revised programmatic criteria for evaluating grant applications
* Added budget criteria for evaluating grant applications
* Connected Priority Areas in rule back to Title 20-A MRS §2651
* Included clarification regarding consensus scoring
* Changed the method to score proposals
* Provided clarification regarding the eligibility for subsequent grants
* Corrected the Division of Purchases to the Division of Procurement Services
PUBLIC HEARING: November 14, 2018, 3 – 4:30 p.m.: Room 501 of the Cross State Office Building, Augusta, Maine
COMMENT DEADLINE: November 30, 2018
CONTACT PERSONS FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Jennifer Pooler (phone: (207) 624-6783, email: Jennifer.G.Pooler@Maine.gov); and Deb Lajoie (phone: (207) 624-6613, email: Deborah.J.Lajoie@Maine.gov), Department of Education, 23 State House Station, Augusta, ME 04333
IMPACT ON MUNICIPALITIES OR COUNTIES: N/A
STATUTORY AUTHORITY FOR THIS RULE: 20-A §2651(5)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
DOE WEBSITE: http://www.maine.gov/doe/ .
DOE RULEMAKING LIAISON: Jaci.Holmes@Maine.gov .

ADOPTIONS

AGENCY: 02-380 - Maine State Board of Nursing
CHAPTER NUMBER AND TITLE: Ch. 3, General Regulations Relating to Licensure
ADOPTED RULE NUMBER: 2018-228
CONCISE SUMMARY: The proposed change to Ch. 3 is to update the information to current practice and to increase the fee for verification of licensure from $10.00 to $30.00.
EFFECTIVE DATE: October 24, 2018
AGENCY CONTACT PERSON / RULEMAKING LIAISON: Virginia E. deLorimier, MSN, RN, Maine State Board of Nursing, 158 State House Station - 161 Capitol Street, Augusta, Maine 04333-0158. Telephone: (207) 287-1147. Email: Virginia.E.deLorimier@Maine.gov .
BOARD WEBSITE: http://www.maine.gov/boardofnursing/ .