Current through 2025-13, March 26, 2025
1.
Department Approval. Children with disabilities from birth
to age 22 may be served only in schools and/or programs that have been approved
by the Department for the provision of early intervention, special education
and related services. To determine if schools or programs meet all applicable
provisions outlined in Title 20-A MRSA §7001 and §7204(4), monitoring
of each school administrative unit, regional early intervention or special
education program, State-operated special education program, and special
purpose private school shall be conducted by the Maine Department of
Education.
Using data and quantitative key compliance and
performance indicators to be determined by the Department, representatives of
the Commissioner shall collect data and report on every SAU program at least
once during the six year period of the State's Performance Plan. Site visits
shall be conducted when it is determined by the Commissioner that additional
oversight or technical assistance is necessary to ensure compliance with
federal and State special education requirements.
The primary focus of the Department's
General Supervision System shall be on-
A. Improving educational results and
functional outcomes for all children with disabilities; and
B. Ensuring that SAUs meet the program
requirements under
this rule with particular emphasis on those
requirements that are most closely related to improving educational results for
children with disabilities.
2.
General Supervision System
Priorities.
The Commissioner shall require general supervision of
each SAU using quantifiable measures in each of the following priority
areas within the SAUs jurisdiction, and using such qualitative indicators as
needed to adequately document performance in the following areas:
A. Provision of early intervention in natural
environments.
B. Provision of a
free appropriate public education in the least restrictive
environment.
C. The SAU's exercise
of general supervisory authority, including child find, effective monitoring,
the use of resolution sessions, mediation, voluntary binding arbitration and a
system of transition services.
D.
Disproportionate representation of racial and ethnic groups in special
education and related services, to the extent the representation is the result
of inappropriate identification. [/ USC 1416]
3.
General Supervision System
Activities.
A.
The
state must provide written notification to any SAU regarding findings of
noncompliance and of the requirement that the non-compliance be corrected in a
timely manner (within one year from identification-the date on which the state
provided written notification to the SAU program of the
noncompliance)B.
For any non-compliance concerning a child specific requirement that is
not subject to a specific timeline requirement, the State must ensure that the
SAU has corrected each individual case of non-compliance, unless the child is
no longer within the jurisdiction of the SAU.C.
Complete Annual IDEA
Determinations for each SAU from the following options:
(4)
Needs Substantial InterventionD.
Based on individual SAU
determination, provide oversight of assigned Annual Determination Response by
each SAU.4.
Approval/Enforcement Activities.
Based on the SAU determination, there are enforcement
actions available including:
A.
Requirement of proof of
utilization of technical assistance and identified
resources;B.
Commissioner directing the use of the SAU funds on the areas
demonstrating continued need;C.
Withholding of State subsidy
payments to eligible SAUs;D.
Withholding of special education
or other federal grant funds SAUs and/or programs which are sub-recipients;
and/orE.
Referral
to the Office of Attorney General for appropriate civil action. (See
20-A
MRSA §6801-A and §
7206)5.
Communities without
Schools
In order to avoid placing undue burden on communities
without schools, while recognizing the responsibility of those communities to
provide FAPE to the children with disabilities residing there, the Department
will conduct monitoring activities for those SAUs as follows:
A.
The Department will request of the
Superintendent of the SAU without schools (the "sending SAU") a list of its
resident students with disabilities and the schools they
attend;B.
Each
SAU wherein a school attended by those students is located (the "receiving
SAU") will submit evidence as requested by the Department to document that it
is meeting program requirements with respect to those
students;C.
The
Department will review that evidence and proceed in accordance with paragraphs
3 and 4 above, providing written notification regarding findings of
non-compliance and requirements for correcting non- compliance to the
superintendent of the sending SAU with a copy to the director of special
services of the receiving SAUs;D.
The sending SAU will work with the
receiving SAU to satisfy requirements for correcting
non-compliance;E.
The superintendent of the sending SAU will also submit to the
Department a copy of letters to each of the receiving SAUs granting to the
receiving SAU authority to commit resources on behalf of the sending SAU, and
providing to it the sending SAU's Child Find and Referral
policies.6.
Public Access:
Letters of Findings are public records and shall be
made available to parents and other members of the public upon request in
accordance with the Freedom of Access Act (1 MRSA §401 et
seq.)
