05-071-101 Me. Code R. § X
"Early intervention services" means developmental services that: are provided under public supervision; are provided at no cost except where federal or state law provides for a system of payments by families, including a schedule of sliding fees; are designed to meet the developmental needs of an infant or toddler with a disability, as identified by the individualized family service plan team in one or more of the following areas,: physical development, cognitive development, communication development, social or emotional development or adaptive development; meet the standards of the state in which the services are provided; are provided by qualified personnel; to the maximum extent appropriate, are provided in natural environments, including the home, and community settings in which children without disabilities participate; and are provided in conformity with an individualized family service plan. [20 USC 1432(4)] Appropriate early intervention services must be based upon scientifically-based research.
Early intervention services are built upon the principles and procedures of evidence-based practice. These family-centered practices are based on the outcome of well-controlled, replicable experience and client values. Child Development Services utilizes a Primary Service Provider (PSP) model to provide services in the child's natural environment, through parent coaching, to improve the child's functioning in daily routines and activities. The PSP provides support, information and resources to assist family members and caregivers in the facilitation of the child's learning and development within the context of everyday routines and activities.
To the maximum extent appropriate, early intervention services are provided in natural environments, including the home and community settings in which children without disabilities participate and are provided in conformity with an Individualized Family Service Plan (IFSP). [20 USC 1432(a)(4) (G,H)]
Consideration for a service to be provided outside of the child's natural environment occurs when the child's outcomes cannot be met or if progress is not being adequately made in the natural environment. If the IFSP team determines that services must be provided outside of the natural environment, a justification must be provided in the IFSP. If it is determined that early intervention services are to be provided outside of the natural environment, the IFSP team must continue to discuss placement and return services to the natural environment when it is determined to be appropriate.
EDUCATIONAL TECHNICIAN | Permitted Responsibilities | Required Supervision |
I | (a) Review and reinforce learning previously introduced by the classroom teacher or appropriate content specialist, or assist in drill or practice activities; (b) Perform non-instructional, non-evaluative functions; (c) Assist in the preparation of instructional materials; and (d) Provide classroom management functions. | (a) Be assigned instructional duties that are directly supervised by the classroom teacher or appropriate content specialist in the classroom; or (b) Serve under general administrative supervision when performing non- instructional student-related duties. |
II | (a) Perform all of the duties of an Educational Technician I; and (b) Introduce new learning preplanned in collaboration with the classroom teacher or appropriate content specialist. | (a) Meet with the classroom/program teacher or appropriate content specialist and receive direction on a regular basis, whenever possible on a daily basis; (b) Perform short-term instruction in small groups under the direct supervision of the teacher or appropriate content specialist in the classroom; or (c) Conduct one-on-one or small group instruction with indirect supervision. |
III | (a) Perform all of the duties of an Educational Technician I or II; (b) Introduce new learning preplanned in consultation with the classroom teacher or appropriate content specialist; and (c) Supervise small groups of students in community-based programs. | (a) Meet with the classroom/program teacher or appropriate content area specialist and receive direction, whenever possible on a twice weekly basis; or (b) Perform short-term instruction in small classes or in community-based programs with indirect supervision. |
An Educational Technician I, II, or III may not work with more than five children at any one time.
When a special education teacher is responsible for case management, the case management caseload permitted shall be no greater than 35 students for each full-time equivalent special education teacher. The caseload limits apply to the number of children for whom a special education teacher carries the responsibility for case management.
When a speech/language clinician or pathologist responsible for case management and specially designed instruction also provides regularly scheduled consultation services, the caseload permitted shall be no greater than 50 children for each full-time equivalent speech-language pathologist or speech clinician.
Consultation may be provided to special educators by related service personnel or education consultants.
This includes (for children 3-5):
Embedding a child's goals into developmentally appropriate activities or into the general education curriculum. Designing learning environments and activities that promote the child's acquisition of skills in a variety of developmental areas, as well as generalization of those skills across a variety of environments, and: Planning curriculum/treatment, including the planned interaction of personnel, materials, and time and space, that leads to achieving the goals in the child's IEP, and the ongoing assessment of progress through the recording of the child's measured performance over time (data collection).For purposes of compliance with this rule, the appropriate frequency and intensity of center-based specially designed instruction for any child 3-5 eligible for such instruction is presumed to be as follows:
No more than six (6) hours per week for children two (2) years prior to kindergarten; and no more than nine (9) hours per week for children one (1) year prior to kindergarten. In addition, the appropriate duration of center-based specially designed instruction for children age 3-5 is presumed to be no longer than the duration of the public school year. For purposes of compliance with this rule, the appropriate frequency and intensity of home-based specially designed instruction for any eligible child is presumed to be no more than five (5) hours per week for children 3-5. In making recommendations for specially designed instruction the IEP Team must consider the amount of time recommended for other services for the child, and the goals relative to those other services, in order to avoid duplication. The presumption of the appropriate frequency, intensity or duration of specially designed instruction may be rebutted, in the case of any individual child, by an IEP Team decision based on consideration of the following:Ages 3-5 | 1:1 to 1:4 | Self Contained |
1:1 to 1:12 | Inclusive Placement |
A certified speech and language clinician may provide speech and language services if employed by a school administrative unit. A certified speech and language clinician shall also be licensed by the Maine Board of Speech, Audiology and Hearing in order to provide contracted speech and language services (See Section XV III.(1)(C) of this rule).
A speech-language pathology aide or assistant registered with the Board of Speech, Audiology and Hearing may provide speech and language services under the supervision of a licensed speech- language pathologist as required by 32 MRSA Chapter 77 and accompanying regulations relating to the practice of speech- language pathology.
Any tutorial instruction offered to a child with a disability shall be provided by an appropriately certified special education teacher, by a certified regular education teacher, or by an educational technician III.
There is no minimum or maximum number of hours a day that must be provided, rather this determination will be made by the IEP Team based on the child's individual educational needs. Receipt of tutorial instruction does not preclude a child's participation in other school administrative unit activities and programs. Tutorial instruction may not be used in lieu of specialized instruction.
If a school administrative unit is unable to hire qualified staff for the provision of related services, the unit shall make an ongoing, good faith effort to recruit and hire appropriately and adequately trained personnel to provide related services to children with disabilities. In a geographic area of the State where there is a shortage of qualified personnel who meet the requirements of this section, the unit may hire the most qualified individuals available who are making satisfactory progress toward completing, within three years, the applicable course work necessary to meet the licensing standards described in Chapter 115.
Federal Requirement | How Maine Meets the Requirement |
| All special education teachers must hold at least a bachelor's degree and must obtain full State special education certification or equivalent licensure. | All special education teachers must hold at least a bachelor's degree and must obtain full State special education certification or equivalent licensure, which requires passing the Special Education PRAXIS II exam |
| Special education teachers who teach only core subjects exclusively to the most severely disabled children and those who teach more than one core subject who meet the IDEA criteria are considered as meeting ESEA. | All special education teachers must hold at least a bachelor's degree and must obtain full State special education certification or equivalent licensure, which requires passing the Special Education PRAXIS II exam. |
| New and veteran teachers who teach core subjects exclusively to children with disabilities who are assessed against alternative achievement standards are considered highly qualified by meeting ESEA standards. | New and veteran teachers who teach core subjects exclusively to children with disabilities who are assessed against alternative achievement standards are considered highly qualified by meeting Maine Highly Qualified standards (see previous answers) for the level of the standards at which their students are assessed. |
| New and veteran teachers may use HOUSSE in limited cases. | Per USDE 2006 guidance, HOUSSE may only be used for: teachers hired after the end of the 2005-06 school year, in these cases: secondary school teachers teaching multiple subjects in eligible rural schools (who, if highly qualified in at least one subject at the time of hire, may use HOUSSE to demonstrate competence in additional subjects within three years); and special education teachers (who, if they are new to the profession or new assignment and highly qualified in language arts, mathematics, or science at the time of hire) to demonstrate competence in additional subjects within two years; and. Teachers who come to the United States from other countries to teach on a temporary basis. |
| Teachers at middle and high school must demonstrate subject matter knowledge appropriate to the level of instruction as determined by the State. | Teachers at middle and high school must demonstrate subject matter knowledge appropriate to the level of instruction by: Having a major in the subject matter; or Having coursework equivalent to a major in the subject matter (24 semester hours); or Having an advanced degree in the subject matter; or Being National Board certified in the subject matter; or Having a passing score on a subject matter test (PRAXIS II) or Achieving the Maine HOUSSE standards in the limited cases in the bullets in the box above. |
| New and veteran teachers who teach two or more core subjects exclusively to children with disabilities qualify by meeting core requirements of each subject. | New and veteran teachers who teach core subjects exclusively to children with disabilities, who are assessed against alternative achievement standards, are considered highly qualified by meeting Maine "Highly Qualified" standards (see previous answers) for the level of the standards their students are assessed. |
| Veteran teachers teaching two or more core subjects may qualify with the Maine HOUSSE standard in limited cases (with a single evaluation of multiple subjects). | HOUSSE may only be used, for teachers hired after the end of the 2005-06 school year, in these cases secondary school teachers teaching multiple subjects in eligible rural schools (who, if highly qualified in at least one subject at the time of hire, may use HOUSSE to demonstrate competence in additional subjects within three years), and special education teachers (who, if they are new to the profession and highly qualified in language arts, mathematics, or science at the time of hire) may use HOUSSE to demonstrate competence in additional subjects within two years. |
| Newly hired special education teachers teaching two or more core subjects who are already highly qualified in mathematics, language arts, or science have two (2) years from date of employment to meet highly qualified status in other core areas. | Newly hired special education teachers teaching two or more core subjects who are already highly qualified in mathematics, language arts, or science have two (2) years from date of employment to meet "highly qualified" status in other core areas. |
| Consultative teachers who do not provide direct instruction in a core subject need a bachelor's degree and must be fully certified. | Consultative teachers who do not provide direct instruction in a core subject need a bachelor's degree and must be fully certified |
NOTE: The requirements in this section [regarding highly qualified teachers] do not apply to teachers hired by private elementary schools and secondary schools including private school teachers hired or contracted by SAUs to provide equitable services to parentally placed private school children with disabilities under 34 CFR 300.138 [34 CFR 300.18(h)]
NOTE: The teachers of children who are publicly placed in private schools shall meet the program approval standards in 20-A MRSA §7204(4) and in Section XII of this rule.
EDUCATIONAL TECHNICIAN | Permitted Responsibilities | Required Supervision |
I | (a) Review and reinforce learning previously introduced by the classroom teacher or appropriate content specialist, or assist in drill or practice activities; (b) Perform non-instructional, non- evaluative functions; (c) Assist in the preparation of instructional materials; and (d) Provide classroom management functions. | (a) Be assigned instructional duties that are directly supervised by the classroom teacher or appropriate content specialist in the classroom; or (b) Serve under general administrative supervision when performing non- instructional student-related duties. |
II | (a) Perform all of the duties of an Educational Technician I; and (b) Introduce new learning preplanned in collaboration with the classroom teacher or appropriate content specialist. | (a) Meet with the classroom/program teacher or appropriate content specialist and receive direction on a regular basis, whenever possible on a daily basis; (b) Perform short-term instruction in small groups under the direct supervision of the teacher or appropriate content specialist in the classroom; or (c) Conduct one-on-one or small group instruction with indirect supervision. |
III | (a) Perform all of the duties of an Educational Technician I or II; (b) Introduce new learning preplanned in consultation with the classroom teacher or appropriate content specialist; and (c) Supervise small groups of students in community-based programs. | (a) Meet with the classroom/program teacher or appropriate content area specialist and receive direction, whenever possible on a twice weekly basis; or (b) Perform short-term instruction in small classes or in community-based programs with indirect supervision. |
An Educational Technician I, II, or III may not work with more than five children at any one time.
The need for the particular services is demonstrated by means of:
The Individualized Educational Program Team makes a determination about extended school year services at every Individualized Educational Program Team meeting for young children 3-5 in the Child Development Services System.
To the maximum extent appropriate, children with disabilities, including children in public or private institutions or other care facilities, shall be educated with children who are not disabled, and special classes, separate schooling, or other removal of students with disabilities from the regular educational environment shall occur only when the nature or severity of the disability of a child is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily. [20 USC 1412(a)(5) and 34 CFR 300.114]
Each SAU must ensure that a continuum of alternate placements is available to meet the needs of children with disabilities for special education and related services. The continuum required must include the alternative placements in the definition of special education under 34 CFR 300.39 (instruction in regular classes, special classes, special schools, home instruction, and instruction in hospitals and institutions); and make provision for supplementary services (such as resource room or itinerant instruction) to be provided in conjunction with the regular class placement. [34 CFR 300.115] Comparable facilities - facilities in which special education services are provided to children with disabilities shall be comparable to those in which regular education is provided to children and located in chronologically age appropriate settings. Self-contained classrooms shall be limited to serving children within a five year chronological age span.
In determining the educational placement of a child with a disability, including a preschool child with a disability, each SAU must ensure that:
the placement decision is made by a group of persons, including the parents, and other persons knowledgeable about the child and, the placement options; and is made in conformity with the LRE provisions of this rule; The child's placement is determined at least annually; is based on the child's IEP, and is as close as possible to the child's home; Unless the IEP of a child with a disability requires some other arrangement, the child is educated in the school that he or she would attend if non-disabled; In selecting the LRE, consideration is given to any harmful effect on the child or on the quality of services that he or she needs; and A child with a disability is not removed from education in age-appropriate regular classrooms solely because of needed modifications in the general education curriculum. [34 CFR 300.116]The following child-teacher ratios shall not be exceeded for self-contained services from a special education teacher (educational technician) for a full school day. The figures in parentheses represent the number of additional children who may be provided self-contained services during the time that one or more educational technicians work under the supervision of the certified special education teacher responsible for the program.
Staff: Child Ratios: | |
Ages 5-9 | 6:1 (5) |
Ages 10-14 | 8:1 (5) |
Ages 15-20 | 10:1 (5) |
Classes for children with a severe to profound degree of impairment shall be staffed with a minimum of two (2) providers (i.e., one teacher and one educational technician) at all times to ensure the safety and well-being of the students.
This does not include children who receive education programs at the facility but do not live there.
This does not include children with disabilities whose parents have opted to home-school them and who receive special education at public expense. Home-schooled children should be reported in one of the regular class categories according to the amount of time the youth spends in separate special education environments (e.g. resource rooms, self-contained special education classrooms, separate schools)
05-071 C.M.R. ch. 101, § X