| | | Be it enacted by the People of the State of Maine as follows: |
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| | | Sec. 1. 20-A MRSA §7005, as reallocated by RR 1997, c. 1, §20, is | | repealed and the following enacted in its place: |
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| | | §7005. Special education; rulemaking |
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| | | The department may not adopt any rule that is more stringent | | than the federal statute or regulation, if an applicable federal | | statute or regulation exists. |
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| | | Sec. 2. Amendments to current rules. The Commissioner of Education | | shall conduct rulemaking in accordance with the Maine Revised | | Statutes, Title 5, chapter 375, to amend its current rules | | relating to special education to conform to the requirements | | contained in the federal statutes or rules governing special | | education. Rules adopted or amended pursuant to this section are | | routine technical rules as defined in the Title 5, chapter 375, | | subchapter II-A. |
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| | | This bill requires that the rules adopted by the Department of | | Education relating to special education conform to federal | | statutes and rules and prohibits the adoption of rules that are | | more stringent than the federal statutes or rules. |
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| | | The bill also requires that the Department of Education | | conduct rulemaking to amend any of its current rules that are | | more stringent than the federal statutes or rules to conform to | | federal standards. |
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