05-071-101 Me. Code R. § I
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-two. Additionally, this rule sets forth provisions governing the delivery of early intervention services to eligible children age birth to under age three (hereinafter, B-2) and their families, and of a free, appropriate public education to eligible children age three to twenty-two 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-two with disabilities must comply with the Individuals with Disabilities Education Act, as amended, and all federal regulations adopted thereunder. [ 20-A MRSA §7006]
Throughout this regulation the Department has reflected the federal statute and regulatory requirements in non-italicized text. The federal IDEA statute has been in effect since December, 2004 and the federal regulations implementing it have been in effect since October 13, 2006. State requirements are in italicized text and reflect additional procedures or timeframes to enhance the federal provisions.
If a term is completely defined in the text of the rule, it is not duplicated in Section II. of this rule.
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-two 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.
For purposes of this rule, all references to school administrative units (SAUs) include the State intermediate educational unit (IEU), where appropriate. In the same manner, references to SAU personnel include CDS personnel. Also, all references to the local educational agency (LEA) in any federal language included in this rule have been replaced by references to the school administrative unit (SAU) for ease of understanding and consistency with the term used in State law.
This rule is intended to implement the State's obligations under the federal Individuals with Disabilities Education Act (IDEA) 20 USC. §§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.
Children in Maine, birth to twenty-two who have disabilities, may not be excluded from the benefits of services to which they are entitled under IDEA. The Department of Education shall ensure the provision of appropriate services regardless of the nature and severity of the child's disability or developmental delay. A full range of services that are needed to meet the Part C early intervention and Part B free appropriate public education needs of eligible children and their families will be coordinated and delivered in a manner consistent with the practices set forth in this rule and applicable State and federal law and regulation. The State must ensure that each SAU takes steps to ensure that its children with disabilities have available to them the variety of educational programs and services available to non-disabled children in the area served by the agency, including art, music, industrial arts, consumer and homemaking education, and vocational education. [34 CFR 300.110]
In accordance with Title VI of the Civil Rights Act of 1964 (42 USC §§ 2000d et seq.), Section 504 of the Rehabilitation Act of 1973, as amended (29 USC § 794), the Age Discrimination Act of 1975, as amended (42 USC §§ 6101 et seq.), Title IX of the Educational Amendments of 1972 (20 USC§ 1681 et seq. and the Americans with Disabilities Act of 1990 (42 USC. §§12101 et seq.), the Department of Education, regional intermediate educational units, and school administrative units will not discriminate on the basis of sex, race, color, national origin, sexual orientation, disability or age in determining eligibility for services or in their hiring practices.
Early intervention, special education services and related services may be provided to children with disabilities only by qualified individuals in schools and programs which have been approved by the Commissioner. The Commissioner of the Maine Department of Education reviews and approves all early intervention and special education services or proposed services provided by intermediate education units, public or private schools.
The approval of the early intervention or special education programs provided by a school administrative unit or approved private school shall include the Department's review and approval of the special education reports required under 20-A MRSA §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.
05-071 C.M.R. ch. 101, § I