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USA Statutes : maine
Title : Title 20-A. EDUCATION
Chapter : Chapter 301. GENERAL PROVISIONS
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Title 20-A - §7001. Definitions
Title 20-A: EDUCATION
Part 4: SPECIFIC EDUCATION PROGRAMS
Subpart 1: SPECIAL EDUCATION
Chapter 301: GENERAL PROVISIONS
§7001. Definitions
As used in this subpart, unless the context otherwise indicates, the following terms have the following meanings.
[1981, c. 693, §§5, 8 (new).]
1. Agency. "Agency" means an agency, school, organization, facility or institution.
[1981, c. 693, §§5, 8 (new).]
2. Exceptional student. "Exceptional student" is an individual who:
A. Has reached 5 years of age on or before October 15th;
[1981, c. 693, §§5, 8 (new).]
B. Has not reached 20 years of age at the start of the school year; and
[1981, c. 693, §§5, 8 (new).]
C. Requires special education because of one or more of the following:
(1) Visual impairments, including blindness;
(2) Hearing impairments, including deafness;
(3) Speech and language impairments;
(4) Specific learning disabilities;
(5) Orthopedic impairments;
(6) Emotional disability;
(7) Mental retardation;
(8) Autism;
(9) Traumatic brain injury;
(10) Other health impairment;
(11) Deafness and blindness; or
(12) Multiple disabilities.
[2003, c. 477, §6 (amd).]
Notwithstanding paragraph A, "exceptional student" does not include a child who reaches 5 years of age between September 1st
and October 15th who is already receiving free, appropriate public education services through the Child Development Services
System and whose parent chooses, in accordance with rules adopted by the commissioner, not to enroll the child in kindergarten
until the start of the following school year.
[2003, c. 676, §1 (amd).]
3. Mentally retarded.
[1999, c. 424, Pt. A, §3 (rp).]
4. Preschool handicapped child. "Preschool handicapped child" means a person who:
A.
[1983, c. 624, §1 (rp).]
B. Has not reached 5 years of age on or before October 15th;
[1981, c. 693, §§5, 8 (new).]
B-1. Notwithstanding paragraph B, has reached 5 years of age between September 1st and October 15th, is already receiving free,
appropriate public education services through the Child Development Services System and whose parent chooses, in accordance
with rules adopted by the commissioner, not to enroll the child in kindergarten until the start of the following school year.
[2003, c. 676, §2 (new).]
C. Requires special services because of one or more of the following:
(1) Visual impairments, including blindness;
(2) Hearing impairments, including deafness;
(3) Speech and language impairments;
(4) Specific learning disabilities;
(5) Orthopedic impairments;
(7) Mental retardation;
(8) Autism;
(9) Traumatic brain injury;
(10) Other health impairment;
(11) Deafness and blindness; or
(12) Multiple disabilities.
[1999, c. 721, §2 (amd); §4 (aff).]
[2003, c. 676, §2 (amd).]
5. Special education. "Special education" means classroom, home, hospital, institutional or other instruction; educational diagnosis and evaluation;
transportation and other supportive assistance, services, activities or programs, as defined by the commissioner, required
by exceptional students.
[1981, c. 693, §§5, 8 (new).]
6. Special education facility. "Special education facility" means a public or private school, or portion thereof, intended for use in meeting the educational
and related needs of exceptional students.
[1981, c. 693, §§5, 8 (new).]
7. State licensed agency. "State licensed agency" means an institution or facility licensed by the State to provide education, emotional or mental
health services, alcohol or drug rehabilitation, boarding care or other child care services to a person between the ages of
5 and 20 years. It includes:
A. Facilities under Title 22, chapter 1661;
[1981, c. 693, §§5, 8 (new).]
B. Community mental health centers under Title 34, chapter 183;
[1981, c. 693, §§5, 8 (new).]
C. Alcohol treatment facilities approved under Title 22, chapter 1601; and
[1981, c. 693, §§5, 8 (new).]
D. Residential drug abuse treatment facilities under Title 22, chapter 1601.
[1981, c. 693, §§5, 8 (new).]
[1981, c. 693, §§5, 8 (new).]
8. Residential child care facility. "Residential child care facility" is a facility defined in Title 22, section 8101, subsection 4.
[1981, c. 693, §§5, 8 (new).]
9. Special education program. A "special education program" is a full-time or part-time educational program designed to provide an equal educational opportunity
to exceptional students through the delivery of special education services by qualified individuals.
[1987, c. 395, Pt. A, §71 (new).]
10. Special education services. "Special education services" are educational services provided by qualified individuals as defined by the commissioner. Special
education services shall be provided by qualified individuals employed or contracted by the school administrative unit.
[1987, c. 395, Pt. A, §71 (new).]
Section History:
MRSA ,
§T.20A,SEC.70012,4
(AMD).
PL 1981,
Ch. 693,
§5,8
(NEW).
PL 1983,
Ch. 624,
§1
(AMD).
PL 1987,
Ch. 395,
§A71
(AMD).
PL 1999,
Ch. 424,
§A2-4
(AMD).
PL 1999,
Ch. 721,
§1,2
(AMD).
PL 1999,
Ch. 721,
§4
(AFF).
PL 2003,
Ch. 477,
§6
(AMD).
PL 2003,
Ch. 676,
§1,2
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 20-A - §7002. Cooperation with federal programs
Title 20-A: EDUCATION
Part 4: SPECIFIC EDUCATION PROGRAMS
Subpart 1: SPECIAL EDUCATION
Chapter 301: GENERAL PROVISIONS
§7002. Cooperation with federal programs
The department shall be the agency for cooperation with the Federal Government in any program for the education of exceptional
students.
[1981, c. 693, § § 5, 8 (new).]
Section History:
PL 1981,
Ch. 693,
§5,8
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 20-A - §7003. Rules
Title 20-A: EDUCATION
Part 4: SPECIFIC EDUCATION PROGRAMS
Subpart 1: SPECIAL EDUCATION
Chapter 301: GENERAL PROVISIONS
§7003. Rules
The commissioner is authorized to make rules necessary for the administration of this chapter and chapters 303 and 305.
[1981, c. 693, § § 5, 8 (new).]
Section History:
PL 1981,
Ch. 693,
§5,8
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 20-A - §7004. Cost-benefit analysis
Title 20-A: EDUCATION
Part 4: SPECIFIC EDUCATION PROGRAMS
Subpart 1: SPECIAL EDUCATION
Chapter 301: GENERAL PROVISIONS
§7004. Cost-benefit analysis
The department shall perform an annual cost-benefit analysis of special education programs in the State and hold a public
hearing annually for members of school units to explain what special education programs are offered in each unit and the cost
of these programs.
[1997, c. 308, §1 (new).]
p align="center">20-A §07004
p align="center">Special education
p align="center"> (As enacted by PL 1997, c. 338, §1 is REALLOCATED TO TITLE 20-A, SECTION 7005)
Section History:
PL 1997,
Ch. 308,
§1
(NEW).
PL 1997,
Ch. 338,
§1
(NEW).
RR 1997,
Ch. 1,
§20
(RAL).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 20-A - §7005. Special education (REALLOCATED FROM TITLE 20-A, SECTION 7004)
Title 20-A: EDUCATION
Part 4: SPECIFIC EDUCATION PROGRAMS
Subpart 1: SPECIAL EDUCATION
Chapter 301: GENERAL PROVISIONS
§7005. Special education (REALLOCATED FROM TITLE 20-A, SECTION 7004)
1. Rulemaking. The department shall identify in its regulatory agenda, when feasible, a proposed rule or provision of a proposed rule that
is anticipated to be more stringent than the federal statute or regulation, if an applicable federal statute or regulation
exists.
During the consideration of any proposed rule, when feasible, and using information available to it, the department shall
identify provisions of the proposed rule that the department believes would impose a regulatory burden more stringent than
the burden imposed by the corresponding federal statute or regulation, if such a federal statute or regulation exists, and
explain in a separate section of the basis statement the justification for the difference between the agency rule and the
federal statute or regulation.
[RR 1997, c. 1, §20 (ral).]
Section History:
RR 1997,
Ch. 1,
§20
(RAL).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
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