# 05-71 Ch. 101: Ch. 101: Maine Unified Special Education Regulation Birth to Age Twenty-Two

> Maine · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_ME_CMR_05_71_101

## Section

- **Citation:** 05-71 Ch. 101
- **Heading:** Ch. 101: Maine Unified Special Education Regulation Birth to Age Twenty-Two
- **Jurisdiction:** Maine
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Code of Maine Rules / 05-71 Education - General / Ch. 101

## Text

SUMMARY: This rule governs the administration of the child find system for children age birth to twenty-two, 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-two with disabilities and their families, implementing 20-A MRSA Chapters 301, and 303 and amendments thereto.
Italicized text signifies State requirements.
Non-italicized Times Roman text signifies federal statutory or regulatory requirements.
TABLE OF CONTENTS
Page
1.	POLICY AND PURPOSE	1
1.	Introduction and Commitment.	1
2.	Non-Discrimination	2
3.	Approval of Early Intervention and Special Education Programs	2
II.	DEFINITIONS	3
1.	Abbreviated Day	3
2.	Accommodations	3
3.	Adverse effect/Adversely affects	3
4.	Assessment	3
5.	Composite Score	3
6.	Consent	4
7.	Day; Business Day; School Day	4
8.	Diagnostic Impression	4
9.	Early Intervention Services	4
10.	Educational Performance	5
11.	Evaluation	5
12.	Formative Assessment	5
13.	Free Appropriate Public Education	5
14.	Functional Behavioral Assessment	6
15.	Functional Performance	6
16. General Education Intervention	6
17.	Homeless child 6
18.	Independent Educational Evaluation	7
19.	Individualized Educational Program (IEP) Service Coordinator	7
20.	Informed Clinical Opinion	7
21.	Intermediate Educational Unit (IEU)	7
22.	Modifications	7
23. Multidisciplinary ……………………………………………………………...7
24.	Native language	8
25.	Parent	8
26.	Parentally Placed Private School Child	8
27.	Positive Reinforcement Strategies and Interventions	9
28.	Post-Secondary Goal	9
29.	Probes	9
30.	Public Agency	9
31.	Qualified personnel 9
32.	Regional Special Education Program	9
33.	Scientifically-Based Interventions.	9
34.	School Year; Program Year	10
35.	Screening	10
36.	Service Coordinator	10
37.	Special Education	11
38.	Special Instruction	11
39.	Special Purpose Service	11
40.	State Agency Client	11
41
ategies and Interventions	9
28.	Post-Secondary Goal	9
29.	Probes	9
30.	Public Agency	9
31.	Qualified personnel 9
32.	Regional Special Education Program	9
33.	Scientifically-Based Interventions.	9
34.	School Year; Program Year	10
35.	Screening	10
36.	Service Coordinator	10
37.	Special Education	11
38.	Special Instruction	11
39.	Special Purpose Service	11
40.	State Agency Client	11
41.	State Ward	12
42.	B-2 (Birth to Under Age Three)	12
43.	3-5 (Three to Under Age Six)	12
III.	GENERAL EDUCATION INTERVENTIONS 13
1.	General 13
2.	Procedure	13
3.	Procedural Guidelines 14
RESPONSIBILITY FOR CHILDFIND, EARLY INTERVENTION AND SPECIAL EDUCATION SERVICES	15
1.	Child Find for Children Birth-2	15
2.	Child Find for Children Three to Twenty-Two	21
3.	Responsibility for Early Intervention Services	25
4.	Responsibility for Special Education Services for Children Age 3-22	25
V.	EVALUATIONS AND REEVALUATIONS FOR CHILDREN 3-22	40
1.	Evaluations, Parent Consent, and Reevaluations	40
2.	Evaluation Procedures	45
3.	Additional Requirements for Evaluations and Reevaluations	48
4.	Standardized Reports of Evaluations	50
5.	Vocational Evaluations	52
6.	Independent Educational Evaluations	52
VI.	INDIVIDUALIZED PLAN TEAM MEMBERSHIP	55
1.	Individualized Family Service Plan (IFSP) Team for Children
With Disabilities B-2	55
Individualized Family Service Plan (IFSP) Team or Individualized
Education Program (IEP) Team for Children Three to Twenty-Two	56
VII.	ELIGIBILITY CRITERIA DEFINED AND PROCEDURES FOR
DETERMINATION	72
1.	Eligibility Criteria for Children B-2	72
2.	Eligibility Criteria for Children Three to Twenty-Two	75
3.	Procedure for Determination of Adverse Effect on
Educational Performance	90
VIII.	ELIGIBILITY FOR FAPE FOR FIVE-YEAR-OLDS BY IEP TEAM DETERMINATION	91
IX.	INDIVIDUALIZED PLANS	92
1.	Individualized Family Service Plans (IFSPs) for Children B-2	92
2.	IFSPs for Children 3-5	94
3.	Individualized Education Programs (IEPs) for Children Three to Twenty-Two	95
X
or Children Three to Twenty-Two	75
3.	Procedure for Determination of Adverse Effect on
Educational Performance	90
VIII.	ELIGIBILITY FOR FAPE FOR FIVE-YEAR-OLDS BY IEP TEAM DETERMINATION	91
IX.	INDIVIDUALIZED PLANS	92
1.	Individualized Family Service Plans (IFSPs) for Children B-2	92
2.	IFSPs for Children 3-5	94
3.	Individualized Education Programs (IEPs) for Children Three to Twenty-Two	95
X.	EARLY INTERVENTION / SPECIAL EDUCATION SERVICES
AND SETTINGS	107
1.	Early Intervention Services, including Special Instruction in Natural Environments Birth-2	107
2.	Special Education in the Least Restrictive Environment for
Children Three to Twenty-Two	111
XI.	EARLY INTERVENTION SERVICES FOR YOUNG CHILDREN B-2
AND RELATED SERVICES FOR CHILDREN THREE TO TWENTY-TWO	126
XII.	PROGRAM APPROVAL	141
1.	Programs for Children with Disabilities B- 5	141
2.	Programs for Children with Disabilities 5-22	143
XIII.	GENERAL SUPERVISION SYSTEM 149
1.	Department Approval	149
2.	General Supervision System Priorities	149
3.	General Supervision System Activities	150
4.	Approval/Enforcement Activities	150
5.	Communities without Schools	151
6.	Public Access	151
XIV.	EDUCATION RECORDS	152
1.	General Principles: Confidentiality Requirements	152
2.	Definitions	152
3.	Access Rights	152
4.	Record of Access	153
5.	Records on More Than One Student	153
6.	List of Types and Locations of Information	153
7.	Fees	153
8.	Amendment of Records at Parental Request	153
9.	Opportunity for a Hearing	154
10.	Result of Hearing	154
11.	Consent	154
12.	Safeguards	155
13.	Destruction of Information	155
14.	Electronic Distribution of Records………………………………………….156
XV.	PROCEDURAL SAFEGUARDS	157
XVI.	DISPUTE RESOLUTION PROCEDURES: (MEDIATIONS, COMPLAINTS,
AND HEARINGS)	158
1.	Right to Dispute Resolution, Generally	158
2.	Stand-alone Mediation	159
3.	Mediation, Associated With a Request for a Due Process Hearing	160
4.	Complaints	162
5.	Filing a Due Process Hearing Request	165
6.	Due Process Hearing Request	166
7.	Subpoenas	168
8
s………………………………………….156
XV.	PROCEDURAL SAFEGUARDS	157
XVI.	DISPUTE RESOLUTION PROCEDURES: (MEDIATIONS, COMPLAINTS,
AND HEARINGS)	158
1.	Right to Dispute Resolution, Generally	158
2.	Stand-alone Mediation	159
3.	Mediation, Associated With a Request for a Due Process Hearing	160
4.	Complaints	162
5.	Filing a Due Process Hearing Request	165
6.	Due Process Hearing Request	166
7.	Subpoenas	168
8.	Prehearing Motions	169
9.	Hearing Procedures	169
10.	Model Forms	171
11.	Resolution Process	172
12.	Settlement Offer	174
13.	Impartial Due Process Hearing	175
14.	Hearing Rights	176
15.	Hearing Decisions	177
16.	Finality of Decisions; Appeals; Impartial Review	178
17.	Timeliness and Convenience of Hearings	179
18.	Attorney Fees	179
19.	Civil Action	182
20.	Child’s Status during Proceedings	183
21.	Appeal	184
22.	Final Decision Notice	185
23.	Hearing Record	186
XVII.	DISCIPLINE OF CHILDREN WITH DISABILITIES	187
1.	Authority of School Personnel	187
2.	Determination of Setting	191
3.	Appeal	191
4.	Placement during Appeals	192
5.	Protections for Children Not Determined Eligible for Special Education	193
6.	Referral To and Action by Law Enforcement and Judicial Authorities	194
7.	Change of Placement Because of Disciplinary Removals	195
8.	State Enforcement Mechanisms	195
XVIII.	SPECIAL EDUCATION FINANCE	197
1.	Special Education Finance: State Subsidy and Direct Payments	197
2.	Special Education Finance: Public School Tuition Computations	209
3.	Special Education Finance: Private School Tuition Computations,
Approval Procedures	210
XIX.	WAIVERS	214
1.	Commissioner Waiver of Certain Regulations	214
2.	Agreement between Parent and School	214
APPENDIX 1	217
I.	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-two
ol Tuition Computations,
Approval Procedures	210
XIX.	WAIVERS	214
1.	Commissioner Waiver of Certain Regulations	214
2.	Agreement between Parent and School	214
APPENDIX 1	217
I.	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-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
talicized 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.
1.	Introduction and Commitment
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.
Non-Discrimination
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
pters 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.
Non-Discrimination
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.
3
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.
3.	Approval of Early Intervention and Special Education Programs
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.
II.	DEFINITIONS
1.	Abbreviated school day – Abbreviated school day means any day that a child eligible under this chapter attends school or receives educational services for less time than age/grade peers without disabilities within the same school and/or school program.
2.	Accommodations. Accommodations mean changes in the manner in which instruction and assessment is delivered that does not alter the curriculum level expectation being measured or taught.
3.	Adverse effect/Adversely affects
igible under this chapter attends school or receives educational services for less time than age/grade peers without disabilities within the same school and/or school program.
2.	Accommodations. Accommodations mean changes in the manner in which instruction and assessment is delivered that does not alter the curriculum level expectation being measured or taught.
3.	Adverse effect/Adversely affects. The word “adverse” commonly means “harmful, impeding, obstructing, or detrimental.” To “adversely affect” means to have a negative impact that is more than a minor or transient hindrance, evidenced by findings and observations based on data sources and objective assessments with replicable results. An adverse effect on educational performance does not include a developmentally appropriate characteristic of age/grade peers in the general population.
4.	Assessment. For children B-2, assessment means the ongoing procedures used by appropriate qualified personnel throughout the period of a child’s eligibility under Part C of IDEA to identify:
A.	The child’s unique strengths and needs and the services appropriate to meet those needs; and
B.	The resources, priorities, and concerns of the family and the supports and services necessary to enhance the family’s capacity to meet the developmental needs of their infant or toddler with a disability. [303.322(b)(2)]
For children 3 to twenty-two, assessment under Part B means the ongoing procedures used by appropriately qualified personnel to measure the educational and functional achievement of students as related to their IFSP or IEP goals and on State and district-wide tests, which are aligned with Maine’s Learning Results.
5.	Composite Score: Composite score means a standardized score which summarizes performance on 2 or more tests of cognitive ability. All scores used to compute a composite score must have been validated in scientific research to be measures of the general cognitive skills which the composite score purports to measure.
6.	Consent. Consent means that:
A
h are aligned with Maine’s Learning Results.
5.	Composite Score: Composite score means a standardized score which summarizes performance on 2 or more tests of cognitive ability. All scores used to compute a composite score must have been validated in scientific research to be measures of the general cognitive skills which the composite score purports to measure.
6.	Consent. Consent means that:
A.	The parent has been fully informed of all information relevant to the activity for which consent is sought, in the parent’s native language or other mode of communication; and
B.	The parent understands and agrees in writing to the carrying out of the activity for which his or her consent is sought, and the consent describes that activity and lists the records (if any) that will be released and to whom; and the parent understands that the granting of consent is voluntary on the parent’s part and may be revoked at any time. If a parent revokes consent, that revocation is not retroactive, (i.e., it does not negate an action that has occurred after the consent was given and before the consent was revoked). If the parent revokes consent in writing for their child’s receipt of special education and related services, the SAU is not required to amend the child’s education records to remove any references to the receipt of special education and related services because of the revocation. [34 CFR 300.9]
7.	Day; Business Day; School Day. Day means calendar day unless otherwise indicated as business day or school day. Business day means Monday through Friday, except for Federal and State holidays (unless holidays are specifically included in the designation of business day). School day means any day, including a partial day that children are in attendance at school for instructional purposes. School day has the same meaning for all children in school, including children with and without disabilities. [34 CFR 300.11]
8.	Diagnostic Impression
ugh Friday, except for Federal and State holidays (unless holidays are specifically included in the designation of business day). School day means any day, including a partial day that children are in attendance at school for instructional purposes. School day has the same meaning for all children in school, including children with and without disabilities. [34 CFR 300.11]
8.	Diagnostic Impression. Diagnostic impression means an interpretive statement based upon previous and current evaluative data. A diagnostic impression may or may not make reference to DSM or ICD criteria.
9.	Early Intervention Services. "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, including the requirements of Part C; including family training, counseling, and home visits; special instruction; speech-language pathology and audiology services, and sign language and cued speech services; occupational therapy; physical therapy; psychological services; service coordination services; medical services only for diagnostic or evaluation purposes; early identification, screening, and assessment services; health services necessary to enable the infant or toddler to benefit from other early intervention services; social work services; vision services; assistive technology devices and assistive technology services; and transportation and related costs that are necessary to enable an infant or toddler and the infant’s or toddler’s family to receive another service described in th
assessment services; health services necessary to enable the infant or toddler to benefit from other early intervention services; social work services; vision services; assistive technology devices and assistive technology services; and transportation and related costs that are necessary to enable an infant or toddler and the infant’s or toddler’s family to receive another service described in this paragraph; are provided by qualified personnel, including special educators, speech-language pathologists and audiologists, occupational therapists, physical therapists, psychologists, social workers, nurses, registered dieticians, family therapists, vision specialists, including ophthalmologists and optometrists, orientation and mobility specialists, and pediatricians and other physicians. S 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)]
10.	Educational Performance. Educational performance means performance in those academic and functional areas (as defined in Section II(15) Functional Performance) including, but not limited to, those areas that are being assessed through the local SAU’s own curriculum. Educational performance for a child age 3-5 means performance in age appropriate developmental activities across five domains of development (communication, physical, cognitive, self-help/adaptive, and social/emotional) in an educational setting. Section V(3) Additional Requirements for Evaluations and Reevaluations of this regulation articulates the requirement to review existing data.
11.	Evaluation. Evaluation means the procedures used by appropriate qualified
personnel to determine a child's initial and continuing eligibility under this part, consistent with the definition of ``infants and toddlers with disabilities'' in Sec
setting. Section V(3) Additional Requirements for Evaluations and Reevaluations of this regulation articulates the requirement to review existing data.
11.	Evaluation. Evaluation means the procedures used by appropriate qualified
personnel to determine a child's initial and continuing eligibility under this part, consistent with the definition of ``infants and toddlers with disabilities'' in Sec. 303.16, including determining the status of the child in each of the developmental areas. [34 CFR 303.322(b)(1)] Evaluation means procedures used in accordance with these rules to determine whether a child has a disability and the nature and extent of the special education and supportive services that the child needs. [34 CFR 300.15] The screening of a student by a teacher or specialist to determine appropriate instructional strategies for curriculum implementation shall not be considered to be an evaluation for eligibility for special education and related services. [34 CFR 300.302]
12.	Formative Assessment. For purposes of general education interventions, the term formative assessment means using standardized administration procedures with direct, on-going, individualized, assessments that have been shown to have predictive validity and which generate reliable rate based data about a student’s actual performance on academic and/or behavioral tasks.
13.	Free Appropriate Public Education. Free appropriate public education means special education and related services that are provided at public expense, under public supervision and direction, and without charge; meet the standards of the Department and the requirements of this rule; include an appropriate preschool, elementary school or secondary school education in the state; and are provided in conformity with the individualized family service plan or individualized education program that meets the requirements of 300.320 through 300.324 [20 USC 1401(9) and 34 CFR 300.17]
14.	Functional Behavioral Assessment
e standards of the Department and the requirements of this rule; include an appropriate preschool, elementary school or secondary school education in the state; and are provided in conformity with the individualized family service plan or individualized education program that meets the requirements of 300.320 through 300.324 [20 USC 1401(9) and 34 CFR 300.17]
14.	Functional Behavioral Assessment. Functional behavioral assessment means a school-based process used by the Individualized Education Program (IEP) Team, which includes the parent and, as appropriate, the child, to determine why a child engages in challenging behaviors and how the behavior relates to the child’s environment. The term includes direct assessments, indirect assessments and data analysis designed to assist the IEP Team to identify and define the problem behavior in concrete terms, identify the contextual factors (including affective and cognitive factors) that contribute to the behavior, and formulate a hypothesis regarding the general conditions under which a behavior usually occurs and the probable consequences that maintain the behavior. Formal documentation of the assessment by appropriately qualified individuals becomes part of the child’s educational record and is provided to the IEP Team.
15.	Functional Performance. Functional performance means how the child demonstrates his/her skills and behaviors in cognition, communication, motor, adaptive, social/emotional and sensory areas.
16.	General Education Interventions. General education interventions are general education procedures involving regular benchmark assessment of all children, using Curriculum Based Measurements (CBM), to monitor child progress and identify those children who are at risk of failing. Children who are at risk receive responsive interventions in the general education program that attempt to resolve the presenting problems of concern
ons. General education interventions are general education procedures involving regular benchmark assessment of all children, using Curriculum Based Measurements (CBM), to monitor child progress and identify those children who are at risk of failing. Children who are at risk receive responsive interventions in the general education program that attempt to resolve the presenting problems of concern. General educators are encouraged to confer with specialists and teaching professionals, but general education personnel are responsible for the implementation of the intervention.
17.	Homeless child. Homeless child means a person who:
a)	lacks a fixed, regular and adequate nighttime residence;
b)	is a child or a youth:
1)	who is sharing the housing of other persons due to loss of housing or economic hardship or a similar reason; is living in a motel, hotel, trailer park or camping ground due to lack of alternative adequate accommodation; is living in an emergency or transitional shelter; is abandoned in a hospital; or is awaiting foster care placement;
2)	who is living in a car, park, or public space or in an abandoned building, substandard housing, bus or train station or similar setting;
3)	who has a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings; and
4)	who is a migratory child, as defined in section 1309 of the federal Elementary and Secondary Education Act of 1965, who qualifies as homeless for the purpose of this chapter because the child is living in circumstances described in this section.
The term homeless child does not include a person housed in a correctional facility, jail, or detention facility.
18.	Independent Educational Evaluation. Independent educational evaluation means an evaluation conducted by a qualified examiner who is not employed by the SAU responsible for the education of the child in question
because the child is living in circumstances described in this section.
The term homeless child does not include a person housed in a correctional facility, jail, or detention facility.
18.	Independent Educational Evaluation. Independent educational evaluation means an evaluation conducted by a qualified examiner who is not employed by the SAU responsible for the education of the child in question. An independent educational evaluation at public expense means that the school either pays for the full cost of the evaluation or insures that the evaluation is otherwise provided at no cost to the parent. See Section V.6.of this rule.
19.	Individualized Educational Program (IEP) Case Manager. The IEP service coordinator may oversee a child’s (age 3 to 22) needs to assure that due process requirements under the federal Individuals with Disabilities Education Act are met. The service coordinator communicates with SAU staff, parents, the child, and teachers to provide coordination and follow up for the IEP process.
20.	Informed Clinical Opinion. Informed clinical opinion must be used by qualified early intervention personnel when conducting an evaluation and assessment of the child. Informed clinical opinion may be used as an independent basis to establish a child’s eligibility under Part C even when other instruments do not establish eligibility, however in no event may informed clinical opinion be used to negate the results of evaluation instruments used to establish eligibility. Informed clinical opinion is the professional judgment of qualified early intervention personnel.
21.	Intermediate Educational Unit (IEU)
independent basis to establish a child’s eligibility under Part C even when other instruments do not establish eligibility, however in no event may informed clinical opinion be used to negate the results of evaluation instruments used to establish eligibility. Informed clinical opinion is the professional judgment of qualified early intervention personnel.
21.	Intermediate Educational Unit (IEU). Intermediate educational unit means an entity that meets the definition of intermediate educational unit in the federal Individuals with Disabilities Education Act (I.D.E.A.), 20 U.S.C., §1402, (23) as in effect prior to June 4, 1997, and that is a public authority, other than a local educational agency, under the general supervision of a State educational agency, that is established for the purpose of providing free public education on a regional basis and that provides special education and related services to children with disabilities within the State.[34 CFR 300.12(c)] Intermediate educational units and school administrative units are both considered local educational agencies (LEAs) under IDEA. The Child Development Services (CDS) State Intermediate Educational Unit (IEU) is organized as an IEU. For purposes of this chapter all references to SAUs in this rule include the State IEU, where appropriate.
22.	Modifications. Modifications mean changes in the regular education curriculum and or assessment that lower the standards of the curriculum.
23.	Multidisciplinary. means the involvement of two or more separate disciplines or professions and with respect to–-(a) Evaluation of the child in §§303.113 and 303.321(a)(1)(i) and assessments of the child and family in §303.321(a)(1)(ii), may include one individual who is qualified in more than one discipline or profession; and (b) The IFSP Team in §303.340 must include the involvement of the parent and two or more individuals from separate disciplines or professions and one of these individuals must be the service coordinator (consistent with §303.343(a)(1)(iv)).
24
i) and assessments of the child and family in §303.321(a)(1)(ii), may include one individual who is qualified in more than one discipline or profession; and (b) The IFSP Team in §303.340 must include the involvement of the parent and two or more individuals from separate disciplines or professions and one of these individuals must be the service coordinator (consistent with §303.343(a)(1)(iv)).
24. Native language, when used with respect to an individual who is limited English proficient or LEP (as that term is defined in section 602(18) of the Act), means--
(1)	The language normally used by that individual, or, in the case of a child, the language normally used by the parents of the child, except as provided in paragraph (2) of this section; and
(2)	For evaluations and assessments conducted pursuant to §303.321(a)(5) and (a)(6), the language normally used by the child, if determined developmentally appropriate for the child by qualified personnel conducting the evaluation or assessment.
Native language, when used with respect to an individual who is deaf or hard of hearing, blind or visually impaired, or for an individual with no written language, means the mode of communication that is normally used by the individual (such as sign language, braille, or oral communication).
25.	Parent. Parent means:
A.	A biological or adoptive parent of a child;
B.	A foster parent;
C.	A guardian generally authorized to act as the child's parent, or authorized to make educational decisions for the child (but not the State if the child is a ward of the State);
D.	An individual acting in the place of a biological or adoptive parent (including a grandparent, stepparent, or other relative) with whom the child lives, or an individual who is legally responsible for the child's welfare; or
E.	A surrogate parent who has been appointed in accordance with Sec. 300.519 or section 639(a)(5) of the Act
child (but not the State if the child is a ward of the State);
D.	An individual acting in the place of a biological or adoptive parent (including a grandparent, stepparent, or other relative) with whom the child lives, or an individual who is legally responsible for the child's welfare; or
E.	A surrogate parent who has been appointed in accordance with Sec. 300.519 or section 639(a)(5) of the Act. Except as provided in the paragraph below, the biological or adoptive parent, when attempting to act as the parent under this part and when more than one party is qualified under paragraphs A-E of this section to act as a parent, must be presumed to be the parent for purposes of this section unless the biological or adoptive parent does not have legal authority to make educational decisions for the child.
If a judicial decree or order identifies a specific person or persons under paragraphs A through D of this section to act as the parent of a child or to make educational decisions on behalf of a child, then such person or persons shall be determined to be the parent for purposes of this section. [34 CFR 300.30]
26.	Parentally Placed Private School Child. Parentally placed private school child means a child who has been placed in a private school approved for purposes of compulsory attendance pursuant to 20-A MRSA§5001-A(3)(A)(1)(a), or recognized by the Department as providing equivalent instruction pursuant to 20-A MRSA§5001-A(3)(A)(1)(b) by his/her parent and whose education is paid for with private funds. A child who attends a private school pursuant to a contract with a school administrative unit or at public expense in situations where a school administrative unit does not operate public schools, or contract for school privileges, is not a parentally placed private school student for purposes of this rule, even in cases where the parent is allowed to select the school the child attends
ate funds. A child who attends a private school pursuant to a contract with a school administrative unit or at public expense in situations where a school administrative unit does not operate public schools, or contract for school privileges, is not a parentally placed private school student for purposes of this rule, even in cases where the parent is allowed to select the school the child attends. In addition, children who are unilaterally placed in private schools by their parents when FAPE is at issue are not parentally placed private school students for purposes of this rule, so long as the parent has provided notice pursuant to IV.G(3)(d) of this rule. In cases when parents unilaterally placed their child in a private school when FAPE is at issue, the district of residence remains responsible for offering an IEP for the child and the district where the private school is located is obligated to offer an individual service plan.
27.	Positive Reinforcement Interventions and Supports. Positive reinforcement interventions and supports means the use of positive techniques designed to assist a child to acquire educationally and socially appropriate behaviors and to reduce patterns of dangerous, destructive, disruptive or defiant behaviors. Positive reinforcement strategies and interventions may be determined by the IEP Team and may be based upon the results of functional behavior assessments as defined in definition 12 above.
28.	Post-Secondary Goals. Post-secondary goals mean statements of intention related to post-school training, education, employment, and, where appropriate, independent living skills based on the child’s strengths, preferences, and interests and shaped by age appropriate transition assessments.
29.	Probes. Probes mean brief assessments of student skills.
30.	Public Agency
in definition 12 above.
28.	Post-Secondary Goals. Post-secondary goals mean statements of intention related to post-school training, education, employment, and, where appropriate, independent living skills based on the child’s strengths, preferences, and interests and shaped by age appropriate transition assessments.
29.	Probes. Probes mean brief assessments of student skills.
30.	Public Agency. Public agency includes the SEA, LEAs, ESAs, nonprofit public charter schools that are not otherwise included as LEAs or ESAs and are not a school of an LEA or ESA, and any other political subdivision of the State that are responsible for providing education to children with disabilities.
31.	Qualified personnel. Qualified personnel means personnel who meet the specific state approved or recognized qualifications such as certificate, registration, license, or endorsement for the diagnostic impression, assessment, or type of service which the personnel is to provide.
32.	Regional Special Education Program. Regional special education program means a program established through a cooperative agreement between two or more SAUs to provide regional special education services to children with disabilities.
33.	Scientifically-based Interventions. Scientifically-based interventions means interventions that include teaching practices that have been tested in experimentally sound research studies and have been shown to significantly improve the academic or behavioral achievement of the children who present characteristics similar to the child involved in the general education intervention process. Scientifically based research has the same meaning given the term in Section 9101(37) of the Elementary and Secondary Education Act (ESEA). [34 CFR 300.35] “The term scientifically based research' —
(A) means research that involves the application of rigorous, systematic, and objective procedures to obtain reliable and valid knowledge relevant to education activities and programs; and
(B) includes research that —
ased research has the same meaning given the term in Section 9101(37) of the Elementary and Secondary Education Act (ESEA). [34 CFR 300.35] “The term scientifically based research' —
(A) means research that involves the application of rigorous, systematic, and objective procedures to obtain reliable and valid knowledge relevant to education activities and programs; and
(B) includes research that —
(i) employs systematic, empirical methods that draw on observation or experiment;
(ii) involves rigorous data analyses that are adequate to test the stated hypotheses and justify the general conclusions drawn;
(iii) relies on measurements or observational methods that provide reliable and valid data across evaluators and observers, across multiple measurements and observations, and across studies by the same or different investigators;
(iv) is evaluated using experimental or quasi-experimental designs in which individuals, entities, programs, or activities are assigned to different conditions and with appropriate controls to evaluate the effects of the condition of interest, with a preference for random-assignment experiments, or other designs to the extent that those designs contain within-condition or across-condition controls;
(v) ensures that experimental studies are presented in sufficient detail and clarity to allow for replication or, at a minimum, offer the opportunity to build systematically on their findings; and (vi) has been accepted by a peer-reviewed journal or approved by a panel of independent experts through a comparably rigorous, objective, and scientific review.”
34.	School Year/Program Year. School year/program year means the total number of school days in a year as established by the school administrative unit or program year established by an IEU.
35.	Screening. Screening means a brief procedure, done periodically, designed to identify children who should receive more intensive diagnosis or evaluation
arably rigorous, objective, and scientific review.”
34.	School Year/Program Year. School year/program year means the total number of school days in a year as established by the school administrative unit or program year established by an IEU.
35.	Screening. Screening means a brief procedure, done periodically, designed to identify children who should receive more intensive diagnosis or evaluation. It is a systematic process conducted by individuals appropriately trained in the screening procedure.
36.	Service Coordinator. Service coordinator means the person that assists and enables a child eligible under Part C and the child’s family to receive the rights, procedural safeguards, and services that are authorized to be provided under the State’s early intervention program. Each child eligible under this part and the child's family must be provided with one service coordinator who is responsible for coordinating all services across agency lines; and serving as the single point of contact in helping parents to obtain the services and assistance they need. Service coordination is an active, ongoing process that involves: assisting parents of eligible children in gaining access to the early intervention services and other services identified in the individualized family service plan; coordinating the provision of early intervention services and other services (such as medical services for other than diagnostic and evaluation purposes) that the child needs or is being provided; facilitating the timely delivery of available services; and continuously seeking the appropriate services and situations necessary to benefit the development of each child being served for the duration of the child's eligibility. [34 CFR 303.23(a)(1) - (3)]
37.	Special Education
(such as medical services for other than diagnostic and evaluation purposes) that the child needs or is being provided; facilitating the timely delivery of available services; and continuously seeking the appropriate services and situations necessary to benefit the development of each child being served for the duration of the child's eligibility. [34 CFR 303.23(a)(1) - (3)]
37.	Special Education. Special education means specially designed instruction, at no cost to parents, to meet the unique needs of a child with a disability, including instruction conducted in the classroom, in the home, in hospitals and institutions, and in other settings; and instruction in physical education. Special education includes each of the following if the services otherwise meet the requirements of the first paragraph: speech-language pathology services, travel training, and vocational education. [34 CFR 300.39(a)] Special education does not include general education procedures that are a part of formal general education intervention as elsewhere referenced in these rules.
38.	Special Instruction. Special instruction for children B-2 means instruction that includes:
A.	The design of learning environments and activities that promote the child’s acquisition of skills in a variety of developmental areas, including cognitive processes and social interaction;
B.	Curriculum planning, including the planned interaction of personnel, materials, and time and space, that leads to achieving the outcomes in the child’s individualized family service plan;
C.	Providing families with information, skills, and support related to enhancing the skill development of the child; and
D. Working with the child to enhance the child’s development. [34 CFR 303.12(a)(13)]
39.	Special Purpose Service. Special purpose service means a public or private program which is established specifically to serve children with disabilities and/or developmental delays.
40.	State Agency Client. State agency client means a child of eligible school age who is:
A
kill development of the child; and
D. Working with the child to enhance the child’s development. [34 CFR 303.12(a)(13)]
39.	Special Purpose Service. Special purpose service means a public or private program which is established specifically to serve children with disabilities and/or developmental delays.
40.	State Agency Client. State agency client means a child of eligible school age who is:
A.	In the care or custody, or both, of the Department of Health and Human Services;
B.	Placed by a caseworker from the Department of Health and Human Services or an authorized agent of Children's Behavioral Health Services, Department of Health and Human Services, for reasons other than educational reasons, with a person who is not the child's parent, legal guardian or relative;
C.	Attending a public or private school while still a resident of a state-operated institution; or
D.	In the custody or under the supervision of the Department of Corrections, including, but not limited to, a juvenile on conditional release, an informally adjusted juvenile, a probationer or a juvenile on community reintegration status from the Long Creek Youth Development Center or the Mountain View Youth Development Center and who is placed, for reasons other than educational reasons, pursuant to a court order or with the agreement of an authorized agent of the Department of Corrections, outside the juvenile's home. [20-A MRSA §1(34-A)]
A state agency client is a child who has been identified as a child with a disability in accordance with this rule. State agency client also means a child who is under 6 years of age who meets one of the criteria in A-D above.
41.	State Ward. State ward means a person under the age of 18, or an older person of eligible school age, for whom the State of Maine is legal guardian by court order. The term does not include residents of Maine's correctional facilities.
42.	B-2 (Birth to under age three). Birth through two is the age of a child from birth to under age 3.
43.	3-5 (Three to under age six)
riteria in A-D above.
41.	State Ward. State ward means a person under the age of 18, or an older person of eligible school age, for whom the State of Maine is legal guardian by court order. The term does not include residents of Maine's correctional facilities.
42.	B-2 (Birth to under age three). Birth through two is the age of a child from birth to under age 3.
43.	3-5 (Three to under age six). Three through five is the age of a child from the child's third birthday to under age 6, until the first day of the receiving public school's program year.
III.	GENERAL EDUCATION INTERVENTION
1.	General
By the school year that begins in the fall of 2012 all school administrative units shall
develop and implement general education interventions kindergarten to grade 12 that provide each child who is not progressing toward meeting the content standards of the parameters for essential instruction and graduation requirements with different learning experiences or assistance to achieve the standard. The interventions must be specific, timely and based upon ongoing formative assessments that continuously monitor student progress.
The Department recognizes that statewide implementation of general education interventions is supported by a phase in period during which time professional development and technical assistance would be provided by the Department. Therefore, the Department has determined that the general education interventions will be fully implemented by July 1, 2012. In addition, regional CDS staff will work with SAUs located in their jurisdiction to develop general education interventions in the early childhood programs in the public schools.
2.	Procedure
While variations in how school administrative units develop and implement general education interventions are expected, all general education interventions must include:
a
fully implemented by July 1, 2012. In addition, regional CDS staff will work with SAUs located in their jurisdiction to develop general education interventions in the early childhood programs in the public schools.
2.	Procedure
While variations in how school administrative units develop and implement general education interventions are expected, all general education interventions must include:
a.	Documentation that every child, prior to entering the general education intervention process, was provided with appropriate instruction in reading, including the essential components of reading instruction (as defined in section 1208(3) of the Elementary and Secondary Education Act of 1965 (ESEA) (20 U.S.C.A. §6368(3)), appropriate mastery based instruction in math, appropriate instruction in the writing process, and positive behavioral supports;
b.	A team-based decision-making process;
c.	Screening at reasonable intervals to determine whether all children are progressing toward meeting the content standards of the parameters for essential instruction and graduation requirements;
d.	Data Analysis of screening results focusing on determining to what extent all children are progressing toward meeting the content standards of the parameters for essential instruction and graduation requirements and identifying which children are not making adequate progress towards these goals and are in need of targeted general education interventions;
e.	A determination as to whether a child’s assessed difficulties are likely the result of linguistic or cultural differences;
f.	Provision of research-based general education interventions targeted at the child’s presenting academic and/or behavioral concerns as determined by screening results;
g.	Repeated formative assessments of student response to targeted interventions, conducted at reasonable intervals, that generate rate based measurable data for both specifying academic and behavioral concerns and monitoring child progress during general education interventions;
h
terventions targeted at the child’s presenting academic and/or behavioral concerns as determined by screening results;
g.	Repeated formative assessments of student response to targeted interventions, conducted at reasonable intervals, that generate rate based measurable data for both specifying academic and behavioral concerns and monitoring child progress during general education interventions;
h.	Documentation that parents were notified about the process, given the opportunity to participate in instructional decision-making, and kept informed of their child’s progress during targeted general education interventions;
i.	A team shall review the child’s progress no later than 60 school days after the start of formal general education interventions and approximately every 30 school days thereafter. At each meeting the team shall review data on the child’s progress to determine if modifications to the general education interventions are needed and/or if a referral to special education is indicated: and
j.	Provisions for targeted general education interventions to continue during any subsequent special education referral.
3.	Procedural Guidelines
a.	The parent of a child receiving general education interventions may request that the agency conduct a full and individual evaluation for possible special education eligibility determination at any time during a school administrative unit’s established general education intervention process.
b.	Special education due process procedures may not be used to address parental concerns regarding the successful implementation of these general education interventions, and the failure to use general education interventions may not be used in special education due process proceedings to establish that a school has failed to meet its child find or referral obligations
cation intervention process.
b.	Special education due process procedures may not be used to address parental concerns regarding the successful implementation of these general education interventions, and the failure to use general education interventions may not be used in special education due process proceedings to establish that a school has failed to meet its child find or referral obligations.
NOTE: School administrative units must ensure that coordinated early intervening services (CEIS) funds are used to provide services only to students who need additional academic and behavioral support, and not to students who currently receive special education and related services.
IV.	RESPONSIBILITY FOR CHILD FIND, EARLY INTERVENTION AND SPECIAL EDUCATION SERVICES
1.	Comprehensive Child Find for Children Birth -2
A. Pre-Referral Activities for Children Birth-2. Child find is the identification, location and evaluation of children B-2. The State Intermediate Educational Unit (IEU) through a network of regional sites is responsible for overseeing the completion of all child find activities. The regional sites are responsible for ensuring that child find is available to all infants and toddlers in the State, including Indian infants and toddlers with disabilities and their families residing on reservations geographically located in the State, including coordination , as necessary, with tribes, tribal organizations, and consortia to identify infants and toddlers with disabilities in the State, infants and toddlers with disabilities who are homeless children and their families, and infants and toddlers with disabilities who are wards of the State.
B.	Referral for B-2
amilies residing on reservations geographically located in the State, including coordination , as necessary, with tribes, tribal organizations, and consortia to identify infants and toddlers with disabilities in the State, infants and toddlers with disabilities who are homeless children and their families, and infants and toddlers with disabilities who are wards of the State.
B.	Referral for B-2. The regional Child Development Services sites are responsible for providing notice of child find activities and for providing annual written notification to all primary referral sources of their obligation to refer all identified children, B-2, for evaluation and assessment to the regional site as soon as possible, but in no case more than seven days after a child has been identified.[34 CFR 303.303(a)(2)(c)] Primary referral sources include:
(1)	Hospitals, including prenatal and postnatal facilities;
(2)	Physicians;
(3)	Parents;
(4)	Day care programs;
(5)	Local educational agencies;
(6)	Public health facilities;
(7)	Other social service agencies; and
(8)	Other health care providers. [34 CFR 303.303©]
(9)	Public agencies and staff in the child welfare system including child protective and foster care;
(10)	Homeless family shelters; and
(11)	Domestic violence shelters and agencies.
The regional Child Development Services sites are responsible for implementing the state policies and procedures for referral of a child under the age of 3 who is involved in a substantiated case of child abuse and neglect, or who is identified as affected by illegal substance abuse or withdrawal symptoms resulting from prenatal drug exposure to the regional site.
Consent
e shelters and agencies.
The regional Child Development Services sites are responsible for implementing the state policies and procedures for referral of a child under the age of 3 who is involved in a substantiated case of child abuse and neglect, or who is identified as affected by illegal substance abuse or withdrawal symptoms resulting from prenatal drug exposure to the regional site.
Consent. Consent means that a) the parent has been fully informed of all information relevant to the activity for which consent is sought, in the parent’s native language; b) the parent understands and agrees in writing to the carrying out of the activity for which the parent’s consent is sought, and the consent form describes that activity and lists the early intervention records (if any) that will be released and to whom they will be released; and (c )(1) the parent understands that the granting of consent is voluntary on the part of the parent and may be revoked at any time. (2) If the parent revokes consent, that revocation is not retroactive, (i.e., it does not apply to an action that occurred before the consent was revoked).
C.	Service Coordinator during Post-Referral. The service coordinator assists the family in securing the necessary screenings, evaluations and assessments needed to determine the child's eligibility under the federal Individuals with Disabilities Education Act (IDEA). The service coordinator oversees the development of the initial IFSP. The regional site director is responsible for assigning a service coordinator to a child upon referral to the regional site. The regional sites are responsible for ensuring that all activities conducted by the assigned service coordinator are performed in accordance with the federal IDEA and related Department of Education rules.
D.	Post-referral Procedures.
s the development of the initial IFSP. The regional site director is responsible for assigning a service coordinator to a child upon referral to the regional site. The regional sites are responsible for ensuring that all activities conducted by the assigned service coordinator are performed in accordance with the federal IDEA and related Department of Education rules.
D.	Post-referral Procedures.
(1) Within 45 days after the regional site or early intervention service (EIS) provider receives a referral of a child, the screening (if applicable), initial evaluation, initial assessments (of the child and family), and the initial IFSP meeting for that child must be completed.[34 CFR §303.310(a)]
(2)	Subject to paragraph (3) of this section, the 45-day timeline described in paragraph (1) of this section does not apply for any period when—
(a) The child or parent is unavailable to complete the screening (if applicable), the initial evaluation, the initial assessments of the child and family, or the initial IFSP meeting due
to exceptional family circumstances that are documented in the child’s early intervention records; or
(b) The parent has not provided consent for the screening (if applicable), the initial evaluation, or the initial assessment of the child, despite documented, repeated attempts by the
regional site or EIS provider to obtain parental consent. [34CFR 303.310 (b)
(3)	The regional site must develop procedures to ensure that in the event the circumstances in (2)(a) or (2)(b) of this section exist, the regional site must-
(a)	Document in the child’s early intervention records the exceptional family circumstances or repeated attempts by the regional site to obtain parental consent;
he
regional site or EIS provider to obtain parental consent. [34CFR 303.310 (b)
(3)	The regional site must develop procedures to ensure that in the event the circumstances in (2)(a) or (2)(b) of this section exist, the regional site must-
(a)	Document in the child’s early intervention records the exceptional family circumstances or repeated attempts by the regional site to obtain parental consent;
(b)	Complete the screening (if applicable), the initial evaluation, the initial assessments (of the child and family), and the initial IFSP meeting as soon as possible after the documented exceptional family circumstances described in (2)(a) of this section no longer exists or parental consent is obtained for the screening (if applicable), the initial evaluation , and the initial assessment of the child; and
(c)	develop and implement an interim IFSP, to the extent appropriate and consistent with 34 CFR §303.345. [34 CFR §303.310(c)]
(4)	The regional site must provide notice to parents of its intent to screen and clarifies that, at any time during the screening process, a parent may request an evaluation. [34 CFR §303.320]
E.	Identification by Evaluation and Assessment. If any components of an evaluation or assessment have been performed within the prior six months, the results and findings are to be utilized with no unnecessary repetition. The service coordinator is responsible for collecting and integrating that information. Initial evaluation refers to the evaluation of a child that is used to determine his or her initial eligibility under Part C of the Act. The term initial assessments refers to the assessment of the child and the family assessment that are conducted prior to the child’s first IFSP meeting. [34 CFR 303.321(a)(2)(i, iii)] Within 45 days after it receives a referral the regional site shall complete the evaluation and assessment activities in 34 CFR 303.321 and hold an IFSP meeting. [34 CFR 303.310]
(1)	Evaluation and assessment of each child age B-2 referred must include:
he assessment of the child and the family assessment that are conducted prior to the child’s first IFSP meeting. [34 CFR 303.321(a)(2)(i, iii)] Within 45 days after it receives a referral the regional site shall complete the evaluation and assessment activities in 34 CFR 303.321 and hold an IFSP meeting. [34 CFR 303.310]
(1)	Evaluation and assessment of each child age B-2 referred must include:
(a)	Health: A review of pertinent records related to the child's current health status and medical history. [34 CFR 303.321(b)(4)] A child’s medical and other records may be used to establish eligibility (without conducting an evaluation of the child) under this part if those records indicate that the child’s level of functioning in one or more of the developmental areas identified in VII1(A)(1) of this rule constitutes a developmental delay or that the child otherwise meets the criteria for an infant or toddler with a disability under VII.1(A). If the child’s Part C eligibility is established under this paragraph, the regional site must conduct assessments of the child and family in accordance with IV.1.D of this rule. 34 CFR 303.321(a)(3)(i)
(b) Multidisciplinary assessment of the unique strengths and needs of the infant or toddler and the identification of services appropriate to meet such needs. [20 USC 1436 (a)(1)] The evaluation and assessment team must administer one of the Department-approved instruments for determining eligibility. [See Section II.24 definition of Multidisciplinary]
Evaluation and assessment of the child. The evaluation and assessment of each child must--
strengths and needs of the infant or toddler and the identification of services appropriate to meet such needs. [20 USC 1436 (a)(1)] The evaluation and assessment team must administer one of the Department-approved instruments for determining eligibility. [See Section II.24 definition of Multidisciplinary]
Evaluation and assessment of the child. The evaluation and assessment of each child must--
(i) Be conducted by personnel trained to utilize appropriate methods and procedures;
(ii) Be based on informed clinical opinion. Qualified personnel must use informed clinical opinion when conducting an evaluation and assessment of the child. In addition, the regional sites must ensure that informed clinical opinion may be used as an independent basis to establish a child’s eligibility under this part even when other instruments do not establish eligibility; however in no event may informed clinical opinion be used to negate the results of evaluation instruments used to establish eligibility under this section of the rule; and
(iii)	Be conducted in the child’s native language, that in the case of a child who is limited English proficient, means the language normally used by the parents of the child except that when conducting evaluations and assessments of the child, qualified personnel determine whether it is developmentally appropriate to use the language normally used by the child.
(iv)	Include the following:
(I)	A review of medical, educational, or other records.
(II)	An evaluation of the child's level of functioning in each of the following developmental areas:
(aa)	Cognitive development.
(bb)	Physical development, including vision and hearing.
(cc)	Communication development.
(dd)	Social or emotional development.
(ee)	Adaptive development.
(III)	An assessment of the unique needs of the child in terms of each of the developmental areas in paragraph (II) of this section, including the identification of services appropriate to meet those needs
mental areas:
(aa)	Cognitive development.
(bb)	Physical development, including vision and hearing.
(cc)	Communication development.
(dd)	Social or emotional development.
(ee)	Adaptive development.
(III)	An assessment of the unique needs of the child in terms of each of the developmental areas in paragraph (II) of this section, including the identification of services appropriate to meet those needs. [34CFR 303.321(c)]
(IV)	Be conducted by qualified personnel, in a nondiscriminatory manner, and selected and administered so as not to be racially or culturally discriminatory.
(V)	Personal observations of the child.
(c)	Family assessment
(i)	A Family directed assessments must be conducted by qualified personnel in order to identify the family’s resources, priorities, and concerns and the supports and services necessary to enhance the family's capacity to meet the developmental needs of the family’s infant or toddler with a disability.
(ii)	Any assessment that is conducted must be voluntary on the part of each family member participating in the assessment.
(iii)	If an assessment of the family is carried out, the assessment must--
(I)	Be conducted by personnel trained to utilize appropriate methods and procedures;
(II)	Be based on information obtained through an assessment tool and also through an interview with those family members who elect to participate in the assessment;
(III)	Incorporate the family's description of its resources, priorities, and concerns related to enhancing the child's development. [34 CFR 303.321(c)]; and
(IV)	Unless clearly not feasible to do so, family assessments must be conducted in the native language of the family members being assessed, in accordance with the definition of native language in 34 CFR 303.25. [See Section II.25 definition of Native language]
(2)	Timelines.
cription of its resources, priorities, and concerns related to enhancing the child's development. [34 CFR 303.321(c)]; and
(IV)	Unless clearly not feasible to do so, family assessments must be conducted in the native language of the family members being assessed, in accordance with the definition of native language in 34 CFR 303.25. [See Section II.25 definition of Native language]
(2)	Timelines.
(i)	Except as provided in paragraph (ii) of this section, the evaluation and initial assessment of each child (including the family assessment) must be completed within the 45-day time period required in Sec. 303.310.
(ii)	In the event of exceptional circumstances that make it impossible to complete the evaluation and assessment within 45 days, the regional site will document those circumstances; and develop and implement an interim IFSP, to the extent appropriate and consistent with 34 CFR 303.345. [34 CFR 303.310]
F.	Records of Referral and Post-referral Procedures B-2. For any child who is referred, documentation in that child's cumulative record file shall specify:
(1)	The date, the regional site, and the person who coordinated the referral and post-referral procedures;
(2)	A description or example of the post-referral activities, procedures, forms, or instruments used; and
(3)	The results of the referral and post-referral procedures, including any recommendations and/or referrals to the IFSP Team.
When the results of an individual’s post-referral procedures do not indicate a possible need for early intervention, a notation shall be entered in the child’s cumulative record file documenting the post-referral procedures, the date, and the regional site where the post-referral procedures were conducted.
G.	Determination That a Child is Not Eligible
mmendations and/or referrals to the IFSP Team.
When the results of an individual’s post-referral procedures do not indicate a possible need for early intervention, a notation shall be entered in the child’s cumulative record file documenting the post-referral procedures, the date, and the regional site where the post-referral procedures were conducted.
G.	Determination That a Child is Not Eligible. If, based on the evaluation conducted under IV.1.C of this rule the regional site determines that a child is not eligible under this part, the regional site must provide the parent with prior written notice, and include in the notice information about the parent’s right to dispute the eligibility determination through dispute resolution mechanisms under XVI. of this rule, such as requesting a due process hearing or mediation or filing a State complaint.[34 CFR 303.322]
2.	Child Find For Children Three To Twenty-Two
A.	Child Find Policy, Procedure, and Responsibility
Each SAU shall maintain and implement policies and procedures to ensure that all children residing in the jurisdiction between the ages of 3  and under 22 years of age, including children with disabilities who are homeless children, are wards of the State or state agency clients, children with disabilities attending private schools and receiving home instruction, highly mobile children (including migrant or homeless), children who have the equivalent of 10 full days of unexcused absences or 7 consecutive school days of unexcused absences during a school year, and children incarcerated in county jails, and who are in need of special education and related services, even though they are advancing from grade to grade, are identified, located and evaluated at public expense. [34 CFR 300.111(a)(i,ii) and (c)(1,2)] As noted on pages 7 and 12 of this rule, all references to school administrative units (SAUs) include the State intermediate educational units (IEUs), where appropriate
ted in county jails, and who are in need of special education and related services, even though they are advancing from grade to grade, are identified, located and evaluated at public expense. [34 CFR 300.111(a)(i,ii) and (c)(1,2)] As noted on pages 7 and 12 of this rule, all references to school administrative units (SAUs) include the State intermediate educational units (IEUs), where appropriate.
Each SAU shall provide child find during the first 30 days of the school year or during the first 30 days of enrollment for transfer children. If evidence of child find activities and a statement of the results can be found in a child’s cumulative record, or the unit has reason to believe the child has previously been identified as a child with a disability by another SAU, in state or out of state, child find is not necessary.
An SAU that tuitions or contracts for educational services for some or all of its children is responsible for child find either through appropriate arrangements with the receiving unit or school or through direct child find services by unit personnel or contracted personnel.
This child find responsibility shall be accomplished through a unit-wide process which, while not a definitive or final judgment of a child's capabilities or disability, is a possible indicator of special education needs.
Final identification of children with disabilities and programming for such children occurs only after an appropriate evaluation and a determination by the IEP Team.
(1)	Child Find Responsibility for Incarcerated Children
(a)	Responsibility for children with disabilities incarcerated in county jails shall rest with the school administrative unit in which the child resided prior to the incarceration.
(b)	Responsibility for children incarcerated (committed) in State facilities shall rest with the Department of Corrections. Their responsibility includes the education of residents with disabilities in facilities operated under their jurisdiction as well as child find activities.
d in county jails shall rest with the school administrative unit in which the child resided prior to the incarceration.
(b)	Responsibility for children incarcerated (committed) in State facilities shall rest with the Department of Corrections. Their responsibility includes the education of residents with disabilities in facilities operated under their jurisdiction as well as child find activities.
(c)	For children who are non-adjudicated at state facilities under the Department of Corrections the responsibility shall rest with the school administrative unit in which the child resided prior to be detained.
B.	IEP Case Manager
The IEP case manager may oversee a child’s needs to assure that requirements under the federal Individuals with Disabilities Education Act, Part B, are met. The service coordinator communicates with SAU staff, parents, the child, and teachers to provide coordination and follow up for the IEP process. An SAU may use funds received under 20 USC 1411(a)(4)(B) to purchase appropriate technology for recordkeeping, data collection and related case management activities of teachers and related services personnel providing services described in the IEP that are needed for the implementation of such case management activities. [20 USC 1413(a)(4)(C)]
Elements of Child Find Activities
The child find process in each regional site or SAU shall include obtaining data on each child, through multiple measures, direct assessment, and parent information, regarding the child's academic and functional performance, gross and fine motor skills, receptive and expressive language skills, vision, hearing and cognitive skills.
NOTE: An SAU may schedule child find activities during its annual kindergarten enrollment to assist in planning for necessary special education and related services at the start of the school year. If the screening occurs in the spring prior to school entry, the SAU will refer the child to the regional CDS site within 10 school days.
D
ssive language skills, vision, hearing and cognitive skills.
NOTE: An SAU may schedule child find activities during its annual kindergarten enrollment to assist in planning for necessary special education and related services at the start of the school year. If the screening occurs in the spring prior to school entry, the SAU will refer the child to the regional CDS site within 10 school days.
D.	Referral after Child Find, Notice of Referral
If the child find process indicates that a child may require special education and related services in order to benefit from regular education, the child shall be referred to the Individualized Education Program (IEP) Team to determine the child's eligibility for special educational services.
If any referral is made to the IEP Team, including a referral requesting evaluation of existing data on the child, the parents of the child shall be sent prior written notice of the referral as defined in Appendix 1 of this rule.
E.	Local Policy on Referral to IEP Team
Each IEU or SAU shall develop a written policy, consistent with this rule (specifically section V), regarding referral to the IEP Team. All referrals to the IEP Team must be acted upon in a timely manner. The IEP Team shall review existing evaluation data and determine the need for additional evaluations. The IEP Team may conduct its review without a meeting (V.3.B). If additional evaluations are needed, the IEU must send a consent to evaluate form within 15 days, and the SAU must send a consent to evaluate form within 15 school days, of the receipt of referral.
(1)	Date of referral receipt – The SAU’s policy on referral must define what date constitutes the receipt of a referral. The referral must be submitted in writing to the Special Education Director, authorized designee, or superintendent. An oral referral shall be reduced to writing by designated school personnel.
send a consent to evaluate form within 15 school days, of the receipt of referral.
(1)	Date of referral receipt – The SAU’s policy on referral must define what date constitutes the receipt of a referral. The referral must be submitted in writing to the Special Education Director, authorized designee, or superintendent. An oral referral shall be reduced to writing by designated school personnel.
(2)	Referrals by staff – The SAU’s policy on the referral of a child to the IEP Team shall include a means whereby any professional employee of the SAU may make such a referral regardless of the results of the initial child find activities, but after completion of the general education intervention process, when fully implemented, unless the SAU and the parent agree that one is not needed. The SAU’s policy or procedures for staff referrals shall require that the specific concerns of the staff member, the alternatives attempted prior to referral, and parent notification of concerns by the referring party are documented.
(3)	Referral by parent – A parent may refer at any time. The parent of a child receiving general education interventions may request that the agency conduct a full and individual evaluation for possible eligibility determination at any time during the implementation of these general education interventions
(4)	Referrals by others – The SAU’s policy shall include a process whereby the IEP Team accepts referrals from individuals or agency representatives (including representatives from the Department of Health and Human Services) with knowledge of a child. Such referrals shall be made by contacting a designated school official or employee, in accordance with the SAU’s policy.
F.	Records of Child Find Activities Three To Twenty-Two
For any child who is referred to the IEP Team as the result of child find activities, documentation in that child's cumulative record file shall specify:
(1)	The date, SAU, and the person who coordinated the child find activities;
s shall be made by contacting a designated school official or employee, in accordance with the SAU’s policy.
F.	Records of Child Find Activities Three To Twenty-Two
For any child who is referred to the IEP Team as the result of child find activities, documentation in that child's cumulative record file shall specify:
(1)	The date, SAU, and the person who coordinated the child find activities;
(2)	A description or example of the child find activities, procedures, forms, or instruments used; and
(3)	The results of the child find activities including any recommendations and/or referrals to the IEP Team.
When the results of a child's child find activities do not indicate a possible need for special education services, a notation shall be entered in the child’s cumulative record file to the effect that the child was reviewed for special education child find activities purposes, the date, and the SAU where the child find activities were conducted.
G.	Qualifications of Evaluators
Any person who provides an assessment or evaluation recommended by the IEP Team shall meet the professional qualifications of the publisher of the evaluation or assessment. Each evaluation or assessment shall be administered by trained personnel in conformance with the instructions provided by the publisher.
Qualified evaluators include certified school psychologist, special education teachers, special education consultants, speech clinicians, vocational evaluators and licensed audiologists, marriage and family therapists, occupational therapists, physical therapists, psychologists, social workers, clinical professional counselors and speech-language pathologists. Aides, assistants or technicians are not considered qualified evaluators and may not administer, score, or interpret evaluations unless they hold appropriate certification or licensure.
The administration, scoring and interpretation of tests of academic, cognitive, behavioral and personality functioning, shall be conducted by qualified evaluators
sional counselors and speech-language pathologists. Aides, assistants or technicians are not considered qualified evaluators and may not administer, score, or interpret evaluations unless they hold appropriate certification or licensure.
The administration, scoring and interpretation of tests of academic, cognitive, behavioral and personality functioning, shall be conducted by qualified evaluators. Qualified evaluators shall have successfully completed appropriate training in each assessment area in which they conduct evaluations.
Administering and scoring of psychological/neuropsychological tests may be conducted by registered Neurocognitive Testing Assistants (NTAs) working under the supervision of a licensed psychologist, pursuant to rules of the Board of Examiners of Psychologists.
3.	Responsibility for Early Intervention Services
The regional sites shall ensure appropriate data collection, training, staff development and direct service provision to eligible children with disabilities B-2 and to coordinate with eligible families the development of individualized family service plans. [20-A MRSA §7209(8)(C,F)]
4.	Responsibility for Special Education Services for Children Age 3-22
A.	General Principles: Responsibility for Special Education Services and Finances.
Each school administrative unit is responsible for providing special education services to all resident children (as defined in this rule except for (G) below) within its geographical jurisdiction, who are identified as children with disabilities according to the procedures established in this rule). The SAU of residence is responsible for provision of special education and related services in situations where it does not operate public schools. When an SAU has the responsibility for providing special education services to children with disabilities, it may also bear financial responsibility for the cost of such services, receiving subsidy according to 20-A MRSA C. 606-B, Essential Programs and Services
residence is responsible for provision of special education and related services in situations where it does not operate public schools. When an SAU has the responsibility for providing special education services to children with disabilities, it may also bear financial responsibility for the cost of such services, receiving subsidy according to 20-A MRSA C. 606-B, Essential Programs and Services. In some situations, a part or all of the cost may be borne directly by one or more state agencies, although the provision of special education services remains the responsibility of the SAU.
B.	Resident Students
An SAU shall provide special education services to all children with disabilities whose parent resides within the SAU and to all adult children who reside within the SAU. This shall include all eligible children who attend the public schools of the unit, or who attend other public schools or private schools on a tuition or contract basis at public expense.
C.	Homeless Students
A child with a disability who is homeless is defined by 20-A M.R.S.A. §1(13-A).
“Homeless student” means a person eligible to attend elementary or secondary school pursuant to 20-A MRSA §5201 who:
(1)	Lacks a fixed, regular and adequate nighttime residence;
(2)	Is a child or a youth:
(a)	Who is sharing the housing of other persons due to loss of
housing or economic hardship or a similar reason; is living in a motel, hotel, trailer park or camping ground due to the lack of alternative adequate accommodation; is living in an emergency or transitional shelter; is abandoned in a hospital; or is awaiting foster care placement;
(b)	Who is living in a car, park or public space or in an abandoned building, substandard housing, bus or train station or similar setting;
(c)	Who has a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings; and
or transitional shelter; is abandoned in a hospital; or is awaiting foster care placement;
(b)	Who is living in a car, park or public space or in an abandoned building, substandard housing, bus or train station or similar setting;
(c)	Who has a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings; and
(d)	Who is a migratory child, as defined in Section 1309 of the federal Elementary and Secondary Education Act of 1965, who qualifies as homeless for the purpose of this chapter because the child is living in circumstances described in this section.
The term “homeless student” does not include a person housed in a correctional facility, jail or detention facility. [20-A MRSA §1(13-A)]
Children who are homeless are protected by the federal McKinney-Vento Act (42 U.S.C. §11434).
Parents or guardians of children in homeless situations can keep their children in their schools of origin (to the extent feasible) or enroll them in any public school that students living in the same attendance area are eligible to attend. “School of origin” is the school the student attended before becoming homeless or the school in which the child was last enrolled.
Children may stay in their school of origin (to the extent feasible) for the entire time they are homeless, even if they move to a different school district. If children move into permanent housing during the school year, they can still finish the year in the same school. Students have the right to stay at their school of origin (to the extent feasible) whether or not they live with their parents.
D.	State Wards
A state ward (a child who is in the custody of DHHS) who is in a residential placement, which does not include a hospital, shall be considered a resident of the school administrative unit where the residential placement is located.
year in the same school. Students have the right to stay at their school of origin (to the extent feasible) whether or not they live with their parents.
D.	State Wards
A state ward (a child who is in the custody of DHHS) who is in a residential placement, which does not include a hospital, shall be considered a resident of the school administrative unit where the residential placement is located.
(1)	The SAU shall provide special education services to any state ward who requires special education services and who resides within the unit's boundaries in a foster home, group home, emergency shelter, shelters for homeless youth, residential treatment facility (as defined by 20-A MRSA §1(24-A), skilled nursing facility or intermediate care facility.
(2)	The costs for such special education services shall be paid directly by the Department of Education at 100 percent of the cost during the year in which the services were provided upon receipt of appropriate statements from the administrative unit and subject to 20-A MRSA Chapter 606-B. When a state ward is reunified with their family, that child shall be considered a state agency client for a period of 6 months after the child returns to his biological or kinship family. The Department of Education will cover 100% of special education costs during this period in order to support the reunification efforts.
(3)	The regional administrator of the responsible state agency or the member of the agency's staff identified as responsible for case management of the state ward and the foster parent or administrator of the residence are entitled to participate in any IEP Team Meeting for the state ward. Surrogate parents have the special education rights and responsibilities under this rule.
If a state ward is placed in a hospital, the costs for such special education services shall be paid directly by the Department of Education at 100 percent of the cost during the year in which the services were provided
r of the residence are entitled to participate in any IEP Team Meeting for the state ward. Surrogate parents have the special education rights and responsibilities under this rule.
If a state ward is placed in a hospital, the costs for such special education services shall be paid directly by the Department of Education at 100 percent of the cost during the year in which the services were provided. Responsibility for the child shall remain with the SAU that was serving the child at the time of placement. These responsibilities include:
Development of the child’s IEP;
Annual review of the IEP;
Credit assessment of the high school children;
Determination of future appropriate programs and placements, until the state ward is discharged from the residential treatment center (hospital).
(5)	In the case of a highly mobile child who would not be adequately served pursuant to this section, the Commissioner may assign an SAU responsibility for the following functions:
Development of the child 's IEP;
Annual review of the IEP;
Credit assessment for high school children;
Determination of future appropriate programs and placements, the costs for such special education services shall be paid directly by the Department of Education at 100 percent of the cost during the year in which the services were delivered.
E.	State Agency Clients
(1)	A state agency client who is placed by a state agency in a residential placement shall be considered a resident of the school administrative unit where the residential placement is located.
(2)	An SAU shall provide special education services to any state agency client who requires special education services and who resides within the unit's boundaries in a foster home, therapeutic group home, emergency shelter, residential treatment facility, (as defined by 20-A MRSA §1(24-A)), skilled nursing facility or intermediate care facility.
ve unit where the residential placement is located.
(2)	An SAU shall provide special education services to any state agency client who requires special education services and who resides within the unit's boundaries in a foster home, therapeutic group home, emergency shelter, residential treatment facility, (as defined by 20-A MRSA §1(24-A)), skilled nursing facility or intermediate care facility.
(3)	The costs for such special education services shall be paid directly by the Department of Education at 100 percent of the cost during the year in which the services were provided upon receipt of appropriate statements from the SAU and subject to 20-A MRSA Chapter 606-B.
(4)	The regional administrator of the responsible state agency or the member of the agency's staff identified as responsible for case management of the state agency client, the foster parent or administrator of the residence and the parents of the state agency client are entitled to participate in any IEP Team Meeting for the state agency client. However, for a child who is in the custody of the Department of Health and Human Services surrogate parents have the special education rights and responsibilities under this rule.
(5)	The placement of a state agency client by an SAU for educational reasons in a residential treatment center shall be the responsibility of the school administrative unit in which the state agency client's parents reside. Such a child loses his/her state agency client status and the SAU of residence is responsible for payment. These responsibilities include:
The development of the child's IEP, the determination of the least restrictive educational alternative, the annual review of the IEP;
Credit assessment for high school children;
Program monitoring;
Determination of future appropriate programs and/or placements.
F
ch a child loses his/her state agency client status and the SAU of residence is responsible for payment. These responsibilities include:
The development of the child's IEP, the determination of the least restrictive educational alternative, the annual review of the IEP;
Credit assessment for high school children;
Program monitoring;
Determination of future appropriate programs and/or placements.
F.	Other Students
Children other than state wards, state agency clients, or institutional residents who are living with persons other than their parents or legal guardians, are eligible to attend school where they reside if the superintendent determines it is in the best interest of the student (in accordance with 20-A MRSA §5205(2)) or the student is attending school in a district pursuant to a superintendent’s agreement (in accordance with 20-A MRSA §5205(6)).
G.	Responsibility for Children with Disabilities Enrolled by Their Parents in Private Schools [20 USC 1412(a)(10)]
(1)	Children enrolled in private schools by their parents.
(a)	In general.--To the extent consistent with the number and location of children with disabilities in the State who are enrolled by their parents in private elementary schools and secondary schools in the school district served by an SAU, provision is made for the participation of those children in the program assisted or carried out under this part by providing for such children special education and related services in accordance with the following requirements, unless the Secretary has arranged for services to those children under a bypass for children in private schools pursuant to 20 USC 1412(f):
ool district served by an SAU, provision is made for the participation of those children in the program assisted or carried out under this part by providing for such children special education and related services in accordance with the following requirements, unless the Secretary has arranged for services to those children under a bypass for children in private schools pursuant to 20 USC 1412(f):
(i)	Amounts to be expended for the provision of those services (including direct services to parentally placed private school children) by the SAU shall be equal to a proportionate amount of Federal funds made available under this part.
(ii)	In calculating the proportionate amount of Federal funds, the SAU, after timely and meaningful consultation with representatives of private schools as described in clause (c), shall conduct a thorough and complete child find process to determine the number of parentally placed children with disabilities attending private schools located in the SAU.
(iii)	Such services to parentally placed private school children with disabilities may be provided to the children on the premises of private, including religious, schools, to the extent consistent with law.
(iv)	State and local funds may supplement and in no case shall supplant the proportionate amount of Federal funds required to be expended under this subparagraph.
(v)	Each SAU shall maintain in its records and provide to the State educational agency the number of children evaluated under this subparagraph, the number of children determined to be children with disabilities under this paragraph, and the number of children served under this paragraph.
(b)	Child find requirement.—[34 CFR 300.131]
of Federal funds required to be expended under this subparagraph.
(v)	Each SAU shall maintain in its records and provide to the State educational agency the number of children evaluated under this subparagraph, the number of children determined to be children with disabilities under this paragraph, and the number of children served under this paragraph.
(b)	Child find requirement.—[34 CFR 300.131]
(i)	In general.—Each SAU must locate, identify and evaluate all children with disabilities who are enrolled by their parents in private, including religious, elementary schools and secondary schools located in the school district served by the SAU in accordance with ii-v of this section and 34 CFR 300.111 (child find) and 300.201 (consistency with state policies).
(ii)	Equitable participation.--The child find process shall be designed to ensure the equitable participation of parentally placed private school children with disabilities and an accurate count of such children.
(iii)	Activities.--In carrying out this clause, the SAU, or where applicable, the State educational agency, shall undertake activities similar to those activities undertaken for the agency's public school children.
(iv)	Cost.--The cost of carrying out this clause, including individual evaluations, may not be considered in determining whether an SAU has met its obligations under clause (i).
(v)	Completion period.--Such child find process shall be completed in a time period comparable to that for other students attending public schools in the SAU.
(vi)	Each SAU in which private, including religious, elementary and secondary schools are located must, in carrying out the child find requirements in this section, include parentally-placed private school children who reside in a State other than the state in which the private schools that they attend are located.
e period comparable to that for other students attending public schools in the SAU.
(vi)	Each SAU in which private, including religious, elementary and secondary schools are located must, in carrying out the child find requirements in this section, include parentally-placed private school children who reside in a State other than the state in which the private schools that they attend are located.
(c)	Consultation.-[34 CFR 300.134]-To ensure timely and meaningful consultation, a SAU, or where appropriate, a State educational agency, shall consult with private school representatives and representatives of parents of parentally placed private school children with disabilities during the design and development of special education and related services for the children, including regarding--
(i)	The child find process and how parentally placed private school children suspected of having a disability can participate equitably, including how parents, teachers, and private school officials will be informed of the process;
(ii)	The determination of the proportionate amount of Federal funds available to serve parentally placed private school children with disabilities under this subparagraph, including the determination of how the amount was calculated;
(iii)	The consultation process among the local educational agency, private school officials, and representatives of parents of parentally placed private school children with disabilities, including how such process will operate throughout the school year to ensure that parentally placed private school children with disabilities identified through the child find process can meaningfully participate in special education and related services;
cal educational agency, private school officials, and representatives of parents of parentally placed private school children with disabilities, including how such process will operate throughout the school year to ensure that parentally placed private school children with disabilities identified through the child find process can meaningfully participate in special education and related services;
(iv)	How, where, and by whom special education and related services will be provided for parentally placed private school children with disabilities, including a discussion of types of services, including direct services and alternate service delivery mechanisms, how such services will be apportioned if funds are insufficient to serve all children, and how and when these decisions will be made; and
(v)	How, if the SAU disagrees with the views of the private school officials on the provision of services or the types of services, whether provided directly or through a contract, the SAU shall provide to the private school officials a written explanation of the reasons why the SAU chose not to provide services directly or through a contract.
(d)	Written affirmation.-[34 CFR 300.135]-When timely and meaningful consultation as required by clause (c) has occurred, the SAU shall obtain a written affirmation signed by the representatives of participating private schools, and if such representatives do not provide such affirmation within a reasonable period of time, the SAU shall forward the documentation of the consultation process to the State educational agency.
(e)	Compliance.--
timely and meaningful consultation as required by clause (c) has occurred, the SAU shall obtain a written affirmation signed by the representatives of participating private schools, and if such representatives do not provide such affirmation within a reasonable period of time, the SAU shall forward the documentation of the consultation process to the State educational agency.
(e)	Compliance.--
(i)	In general.--A private school official shall have the right to submit a complaint to the State educational agency that the SAU did not engage in consultation that was meaningful and timely, or did not give due consideration to the views of the private school official. [34 CFR 300.136(a)]
(ii)	Procedure.--If the private school official wishes to submit a complaint, the official shall provide the basis of the noncompliance with this subparagraph by the SAU to the State educational agency, and the SAU shall forward the appropriate documentation to the State educational agency. If the private school official is dissatisfied with the decision of the State educational agency, such official may submit a complaint to the Secretary by providing the basis of the noncompliance with this subparagraph by the SAU to the Secretary and the State educational agency shall forward the appropriate documentation to the Secretary. [34 CFR 300.136(b)]
(iii)	If a parent of a child who is placed in a private school by the parents at their own expense does not provide consent for the initial evaluation or the reevaluation, or the parent fails to respond to a request to provide consent, the SAU may not use consent override procedures in 34 CFR 300.300(a)(3) and (c)(1) [Section XV. Parental Consent]; and the SAU is not required to consider the child eligible for services under 34 CFR 300.132 through 300.144. [34 CFR 300.300(d)(4)(i,ii)]
(f)	Provision of equitable services.--
the initial evaluation or the reevaluation, or the parent fails to respond to a request to provide consent, the SAU may not use consent override procedures in 34 CFR 300.300(a)(3) and (c)(1) [Section XV. Parental Consent]; and the SAU is not required to consider the child eligible for services under 34 CFR 300.132 through 300.144. [34 CFR 300.300(d)(4)(i,ii)]
(f)	Provision of equitable services.--
(i)	Directly or through contracts.--The provision of services pursuant to this subparagraph shall be provided:
(I)	By employees of a public agency; or
(II)	Through contract by the public agency with an individual, association, agency, organization, or other entity.
(ii)	Secular, neutral, nonideological.--Special education and related services provided to parentally placed private school children with disabilities, including materials and equipment, shall be secular, neutral, and non-ideological. [34 CFR 300.138(c)]
(g)	Public control of funds.--The control of funds used to provide special education and related services under this subparagraph, and title to materials, equipment, and property purchased with those funds, shall be in a public agency for the uses and purposes provided in this title, and a public agency shall administer the funds and property.
(h)	Services plan.--A services plan must be developed and implemented for each private school child with a disability who has been designated by the SAU in which the private school is located to receive special education and related services under 34 CFR Part 300. [34 CFR 300.132(b)]The SAU must initiate and conduct meetings to develop, review, and revise a services plan for the child and ensure that a representative of the religious or other private school attends each meeting
vate school child with a disability who has been designated by the SAU in which the private school is located to receive special education and related services under 34 CFR Part 300. [34 CFR 300.132(b)]The SAU must initiate and conduct meetings to develop, review, and revise a services plan for the child and ensure that a representative of the religious or other private school attends each meeting. If the representative cannot attend the SAU shall use other methods to ensure participation by the religious or other private school, including individual or conference calls.[34 CFR 300.137(c)] Each parentally placed private school child with a disability who has been designated to receive services must have a services plan that describes the specific special education and related services that the SAU will provide to the child in light of the services that the SAU has determined, through the consultation process, and it will make available to parentally placed private school children with disabilities. The services plan must, to the extent appropriate meet the requirements of 34 CFR 300.320 [Section IX.3], or for a child ages three through five, meet the requirements of 34 CFR 300.323(b) [Section IX.2] with respect to the services provided and be developed, reviewed and revised consistent with 34 CFR 300.321 through 300.324. [34 CFR 300.138(b)]
(i)	Consent for exchange of information. If a child is enrolled, or is going to enroll in a private school that is not located in the SAU of the parent’s residence, parental consent must be obtained before any personally identifiable information about the child is released between officials in the SAU where the private school is located and officials in the SAU of the parent’s residence. [34 CFR 300.622(3)]
(2)	Children placed in, or referred to, private schools by public agencies.--
n a private school that is not located in the SAU of the parent’s residence, parental consent must be obtained before any personally identifiable information about the child is released between officials in the SAU where the private school is located and officials in the SAU of the parent’s residence. [34 CFR 300.622(3)]
(2)	Children placed in, or referred to, private schools by public agencies.--
(a)	In general.—A child with a disability who is placed in or referred to a private school or facility by an SAU is provided special education and related services, in conformance with an individualized education program that meets the requirements of 34 CFR 300.320 through 300.325 [Section VI and IX], and, at no cost to their parents; and is provided an education that meets the standards that apply to education provided by the SEA and SAUs including the requirements of this part, except for 34 CFR 300.18 [Section X Highly Qualified]and 300.156(c); and has all of the rights of a child with a disability who is served by a public agency. [34 CFR 300.146]
(b)	Implementation by the SEA. In implementing the provisions of (a) above, the SEA must monitor compliance through procedures such as written reports, onsite visits, and parent questionnaires; disseminate copies of applicable standards to each private school and facility to which a public agency has referred or placed a child with a disability; and provide an opportunity for those private schools and facilities to participate in the development and revision of state standards that apply to them. [34 CFR 300.147]
(3)	Payment for education of children enrolled in private schools without consent of or referral by the public agency.--
each private school and facility to which a public agency has referred or placed a child with a disability; and provide an opportunity for those private schools and facilities to participate in the development and revision of state standards that apply to them. [34 CFR 300.147]
(3)	Payment for education of children enrolled in private schools without consent of or referral by the public agency.--
(a)	In general.-This part does not require an SAU to pay for the cost of education, including special education and related services, of a child with a disability at a private school or facility if that agency made a free appropriate public education available to the child and the parents elected to place the child in such private school or facility. However, the public agency must include that child in the population whose needs are addressed consistent with 34 CFR 300.131-144.[Section IV.2.G] [34 CFR 300.148(a)]
(b)	Disagreements about FAPE. Disagreements between the parents and a public agency regarding the availability of a program appropriate for the child, and the question of financial reimbursement, are subject to the due process procedures in 34 CFR 300.504-300.520.[Section XVI] [34 CFR 300.148(b)]
(c)	Reimbursement for private school placement.--If the parents of a child with a disability, who previously received special education and related services under the authority of a public agency, enroll the child in a private preschool, elementary school or secondary school without the consent of or referral by the public agency, a court or a hearing officer may require the agency to reimburse the parents for the cost of that enrollment if the court or hearing officer finds that the agency had not made a free appropriate public education available to the child in a timely manner prior to that enrollment and that the private placement is appropriate
r secondary school without the consent of or referral by the public agency, a court or a hearing officer may require the agency to reimburse the parents for the cost of that enrollment if the court or hearing officer finds that the agency had not made a free appropriate public education available to the child in a timely manner prior to that enrollment and that the private placement is appropriate. A parental placement may be found to be appropriate by a hearing officer or a court even if it does not meet the State standards that apply to education provided by the SEA and SAUs. [34 CFR 300.148(c)]
(d)	Limitation on reimbursement.--The cost of reimbursement described in clause (c) may be reduced or denied:
(i)	If—
(I)	At the most recent IEP meeting that the parents attended prior to removal of the child from the public school, the parents did not inform the IEP Team that they were rejecting the placement proposed by the public agency to provide a free appropriate public education to their child, including stating their concerns and their intent to enroll their child in a private school at public expense; or
(II)	At least ten (10) business days (including any holidays that occur on a business day) prior to the removal of the child from the public school, the parents did not give written notice to the public agency of the information described in item (I);
(ii)	If, prior to the parents' removal of the child from the public school, the public agency informed the parents, through the notice requirements described in 20 USC 1415(b)(3)and 34 CFR 300.503(a)(i) [Section XV Prior Written Notice], of its intent to evaluate the child (including a statement of the purpose of the evaluation that was appropriate and reasonable), but the parents did not make the child available for such evaluation; or
(iii)	Upon a judicial finding of unreasonableness with respect to actions taken by the parents. [34 CFR 300.148(d)]
(e)	Exception.--Notwithstanding the notice requirement in clause (d)(i), the cost of reimbursement:
valuate the child (including a statement of the purpose of the evaluation that was appropriate and reasonable), but the parents did not make the child available for such evaluation; or
(iii)	Upon a judicial finding of unreasonableness with respect to actions taken by the parents. [34 CFR 300.148(d)]
(e)	Exception.--Notwithstanding the notice requirement in clause (d)(i), the cost of reimbursement:
(i)	Must not be reduced or denied for failure to provide such notice if--
(I)	The school prevented the parent from providing such notice;
(II)	The parents had not received notice, pursuant to 20 USC 1415 and 300.504 [Section XV Communication of Procedural Safeguards], of the notice requirement in paragraph (d)(i); or
(III)	Compliance with clause (d)(i) would likely result in physical harm to the child; and
(ii)	May, in the discretion of a court or a hearing officer, not be reduced or denied for failure to provide such notice if--
(I)	The parent is illiterate or cannot write in English; or
(II)	Compliance with clause (c)(i) would likely result in serious emotional harm to the child.
H.	Home Instruction for Children age 5 and under 22 years of age [20-A MRSA §5001-A]
(1)	Compulsory Attendance and Home Instruction
Home instruction is allowed as an alternative to attendance at public day school under 20-A MRSA §5001-A which requires attendance at public day schools for children ages 7 to 17. Starting at age 5, and continuing to age 22, if a child seeks to access special education and related services in a public school while participating in a home instruction program the requirements in 20-A MRSA §5021 shall apply.
(2)	Child Find Responsibilities for Children enrolled in Home Instruction
Each SAU must identify, locate, and evaluate, at public expense, all resident children who are enrolled in home instruction programs
o age 22, if a child seeks to access special education and related services in a public school while participating in a home instruction program the requirements in 20-A MRSA §5021 shall apply.
(2)	Child Find Responsibilities for Children enrolled in Home Instruction
Each SAU must identify, locate, and evaluate, at public expense, all resident children who are enrolled in home instruction programs
(3)	Opportunity to Access Service
Children who are enrolled in home instruction programs do not have an individual right to receive some or all of the special education and related services that they would receive if enrolled in a public school. Should a child enrolled in a home instruction program, who chooses to enroll in specific day school classes at the public school, request access to special education and related services in a public school within their SAU, the provisions of 20-A MRSA §5021 shall apply and the Individual Education Program Team will meet to develop an individual service plan for services provided in a public school.
If a parent of a child who is receiving home instruction does not provide consent for the initial evaluation or the reevaluation, or the parent fails to respond to a request to provide consent, the SAU may not use consent override procedures in 34 CFR 300.300(a)(3) and (c)(1) [Section XV]; and the SAU is not required to consider the child eligible for services under 34 CFR 300.132 through 300.144. [Section IV.2.G][34 CFR 300.300(d)(4)(i,ii)]
I.	Education in the Unorganized Territories (EUT)
al evaluation or the reevaluation, or the parent fails to respond to a request to provide consent, the SAU may not use consent override procedures in 34 CFR 300.300(a)(3) and (c)(1) [Section XV]; and the SAU is not required to consider the child eligible for services under 34 CFR 300.132 through 300.144. [Section IV.2.G][34 CFR 300.300(d)(4)(i,ii)]
I.	Education in the Unorganized Territories (EUT)
(1)	School privileges in the unorganized territories
All persons who have attained the age of 5 years on October 15th and are under 22 years of age before the start of the school year and who reside with a parent in the unorganized territory or who are resident emancipated minors or residents at least 18 years old are eligible to attend elementary and secondary schools and to receive appropriate special education and related services without charge to themselves or their parents. Education must be provided in alignment with the system of learning results as established in section 6209 under the direction of the commissioner and must meet the general standards for elementary and secondary schooling and special education established pursuant to 20-A MRSA §3251-3254-A.
(2) Special education programs
The commissioner shall provide special education and related services to all children with disabilities of the unorganized territory in accordance with the provisions of chapter 303, except that the commissioner shall carry out the duties of school administrative units and superintendents as described in that chapter. All provisions of the Maine Unified Special Education Regulations Chapter 101 shall be followed for the children with disabilities. When the EUT is tuitioning a student with disabilities to an SAU, the superintendent of the EUT must provide written authorization to obligate the resources of the EUT at IEP meetings or must provide written delegation of that authorization to the SAU in which the child is placed.
J.	Maine School of Science and Mathematics
gulations Chapter 101 shall be followed for the children with disabilities. When the EUT is tuitioning a student with disabilities to an SAU, the superintendent of the EUT must provide written authorization to obligate the resources of the EUT at IEP meetings or must provide written delegation of that authorization to the SAU in which the child is placed.
J.	Maine School of Science and Mathematics. The Maine School of Science and Mathematics shall ensure that children with disabilities who are attending the school receive special education and related services in accordance with this rule. The Maine School of Science and Mathematics shall contract with a qualified special education professional to oversee the required provisions of this rule. The Maine School of Science and Mathematics must ensure that the contracted special education professional has the written authorization from the Executive Director/Academic Dean to obligate the MSSM funds at IEP meetings.
K.	Charter Schools
The responsibility for providing special education services for a student enrolled in a public charter school is as follows:
If the student is enrolled in a public charter school authorized by the Maine Charter School Commission, the public charter school is responsible for providing special education services.
If a student is enrolled in a public charter school authorized by a local school board, the local school board

[Text truncated at 120,000 characters. The full text is on the page linked above.]

## Nearby sections

- [05-71 Ch. 4 Ch. 4-A: Procedural Rule: Equal Educational Opportunity (a joint chapter with 94-348)](https://www.frixlaw.com/law-library/statutes/STATE_ME_CMR_05_71_4.md)
- [05-71 Ch. 7 Ch. 7: Implementation of the Essential Programs and Services Funding Model](https://www.frixlaw.com/law-library/statutes/STATE_ME_CMR_05_71_7.md)
- [05-71 Ch. 13 Ch. 13: Qualifying Examinations for Teachers, Educational Specialists, and Administrators](https://www.frixlaw.com/law-library/statutes/STATE_ME_CMR_05_71_13.md)
- [05-71 Ch. 14 Ch. 14: Education of Homeless Students](https://www.frixlaw.com/law-library/statutes/STATE_ME_CMR_05_71_14.md)
- [05-71 Ch. 18 Ch. 18: Licensure of Residential Child Care Facilities (Joint rule with 10-148 and 14-193)](https://www.frixlaw.com/law-library/statutes/STATE_ME_CMR_05_71_18.md)
- [05-71 Ch. 26 Ch. 26: Rules Relating to Reorganization of School Administrative Districts](https://www.frixlaw.com/law-library/statutes/STATE_ME_CMR_05_71_26.md)
- [05-71 Ch. 28 Ch. 28: Closing a School in the Unorganized Territory](https://www.frixlaw.com/law-library/statutes/STATE_ME_CMR_05_71_28.md)
- [05-71 Ch. 33 Ch. 33: Rule Governing Physical Restraint and Seclusion](https://www.frixlaw.com/law-library/statutes/STATE_ME_CMR_05_71_33.md)
- [05-71 Ch. 38 Ch. 38: Suicide Awareness and Prevention in Maine Public Schools](https://www.frixlaw.com/law-library/statutes/STATE_ME_CMR_05_71_38.md)
- [05-71 Ch. 40 Ch. 40: Rule for Medication Administration in Maine Schools](https://www.frixlaw.com/law-library/statutes/STATE_ME_CMR_05_71_40.md)
- [05-71 Ch. 41 Ch. 41: Offering Instruction Related to Life-Saving Procedures in Maine Public Schools](https://www.frixlaw.com/law-library/statutes/STATE_ME_CMR_05_71_41.md)
- [05-71 Ch. 45 Ch. 45: Rule for Health Screening in Maine Public Schools](https://www.frixlaw.com/law-library/statutes/STATE_ME_CMR_05_71_45.md)
- [05-71 Ch. 52 Ch. 52: Grant Application and Award Procedure: Fund for School Meal Equipment and Program Improvement](https://www.frixlaw.com/law-library/statutes/STATE_ME_CMR_05_71_52.md)
- [05-71 Ch. 54 Ch. 54: Grant Application and Award Procedure: Later Start Planning Grant](https://www.frixlaw.com/law-library/statutes/STATE_ME_CMR_05_71_54.md)

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_ME_CMR_05_71_101. Check the current official text before relying on it. Not legal advice.