H.P. 1074 - L.D. 1529
Resolve, Regarding Legislative Review of Chapter 180, Subchapter XIII: Continued Provision of Free Appropriate Public Education for Five-Year-Olds Born Between September 1st and October 15th, a Major Substantive Rule of the Department of Education
Sec. 1. Adoption. Resolved: That final adoption of Chapter 180, subchapter XIII: Continued Provision of Free Appropriate Public Education for Five-Year-Olds Born Between September 1st and October 15th, a provisionally adopted major substantive rule of the Department of Education that has been submitted to the Legislature for review pursuant to the Maine Revised Statutes, Title 5, chapter 375, subchapter 2-A, is authorized only if the rule is amended as follows.
1. The rule must be amended in the part designated "1. Parental Choice" by deleting the text in paragraph D and replacing it with text that clarifies that the parent will provide informed consent to their regional Child Development Services site that includes either an explanation of the option to remain in the Child Development Services System or the option to enroll in kindergarten and the specific free, appropriate public education services that are available in kindergarten.
2. The rule must be amended in the part designated "3. Fiscal Process" by amending the text in paragraph A to establish that the regional Child Development Services site will submit a copy of the individualized family service plan consistent with 34 Code of Federal Regulations, Section 300.342c or individualized education plan for each eligible child whose parent elects to receive services pursuant to this section to the Child Development Services State Office.
3. The rule must be amended by inserting after the part designated "3. Fiscal Process" a new part to establish that the parent of an eligible 5-year-old that has been unable to inform their regional Child Development Services site of their choice by May 1st can submit a request for consideration to the Child Development Services State Office by June 15th; and be it further
Sec. 2. Finding. Resolved: That the Legislature has determined that the portions of Chapter 180, subchapter XIII: Continued Provision of Free Appropriate Public Education for Five-Year-Olds Born Between September 1st and October 15th that are authorized for final adoption as provided in section 1 are consistent with the legislative intent of the requirements to continue to provide free and appropriate public education for certain 5-year-old children as enacted by Public Law 2003, chapter 676. The Department of Education is not required to hold hearings or conduct other formal proceedings prior to finally adopting this rule in accordance with this resolve.
Effective September 17, 2005.
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