Proposed Rules and the Rulemaking Process

The Maine Department of Education (DOE) is charged with adopting education rules to implement laws passed by the Maine Legislature. There are two types of rules – routine technical and major substantive. The Maine DOE sends all provisionally adopted rules to the Legislature for final adoption.

The Maine DOE adopts all rules in accordance with the Maine Administrative Procedure Act (APA), 5 MRSA chapter 375, subchapters 2 and 2-A.  APA requires public and legislative notice of rulemaking and the submission of all major substantive rules to the Legislature for review and approval. All proposed Maine DOE and State Board of Education rule chapters are included below and have been filed with the Secretary of State’s Office.

 

Proposed Rules and Rule Changes

Chapter 83

• Rule Title: School Transportation Operations Program
• Filing Agency: This is a rule of the Department of Education
• Action: Proposed Rulemaking - Revision
• Note: Routine Technical
• DOE Notice: March 12, 2024
• Comment Deadline: April 15, 2024
  • Form for Public Comment: Chapter 83 Public Comment
• Proposed Language of the Rule: Chapter 83 Proposed Language.pdf

Chapter 84

• Rule Title: School Bus Refurbishment Program
• Filing Agency: This is a rule of the Department of Education
• Action: Proposed Rulemaking - Repeal
• Note: Routine Technical
• DOE Notice: March 12, 2024
• Comment Deadline: April 15, 2024
  • Form for Public Comment: Chapter 84 Public Comment
• Proposed Language of the Rule: Chapter 84 Proposed Language.pdf

Chapter 52

• Rule Title: Grant Application and Award Procedure Fund for School Meal Equipment and Program Improvement 
• Filing Agency: This is a rule of the Department of Education
• Action:  Proposed Rulemaking
• Note:  Routine Technical
• DOE Notice: January 17, 2024
• Comment Deadline: February 16, 2024
  • Form for Public Comment: Closed
• Proposed Language of the Rule: Chapter 52 Proposed Language

Chapter 61

• Rule Title: State Board of Education Rules for Major Capital School Construction Projects
• Filing Agency: This is a rule of the State Board of Education
• Action:  Proposed Rulemaking
• Note:  Major Substantive
• DOE Notice: November 2, 2023
• Public Hearing:  November 21, 2023
• Comment Period: Closed
• Provisional Language of the Rule: Chapter 61 Provisional Language

Chapter 41

• Rule Title: Offering Instruction Related to Cardiopulmonary Resuscitation and the Use of an Automated External Defibrillator in Maine Public Schools
• Filing Agency: This is a rule of the Maine Department of Education
• Action:  Proposed Rulemaking
• Note:  Targeted Rulemaking
• DOE Notice: October 19, 2023
• Public Hearing:  November 17, 2023
• Comment Period: Closed
• Final Adoption of Rule Chapter 41: Chapter 41 Adopted Language.pdf

Chapter 64

• Rule Title: Maine School Facilities Program and School Revolving Renovation Fund
• Filing Agency: This is a joint rule of the Maine Department of Education and the Maine Municipal Bond Bank
• Action:  Proposed Rulemaking
• Note:  Targeted Rulemaking
• DOE Notice: October 19, 2023
• Public Hearing:  November 17, 2023
• Comment Period: Closed
• Provisional Language of the Rule: Chapter 64 Provisional Language

Chapter 101

• Rule Title:  Maine Unified Special Education Rule
• Filing Agency: This is a rule of the Maine Department of Education
• Action:  Proposed Rulemaking
• Note:  Targeted Rulemaking in accordance with Public Law, Chapter 450
• DOE Notice: October 19, 2023
• Public Hearing:  November 17, 2023
• Comment Period: Closed
• Provisional Language of the Rule: Chapter 101 Provisional Language

Chapter 132

• Rule Title:  Learning Results: Parameters for Essential Instruction
• Filing Agency: This is a rule of the Maine Department of Education
• Action:  Proposed Rulemaking
• Note:  Only on sections for Social Studies and Science, Technology and Engineering Standards
• DOE Notice: October 12, 2023
• Public Hearing:  October 30, 2023
• Comment Period: Closed
• Provisional Language of the Rule:
  • Provisional Language: Social Studies Standards
  • Provisional Language: Science, Technology, and Engineering Standards

Chapter 33

• Rule Title:  Rule Governing Physical Restraint and Seclusion 
• Filing Agency: This is a rule of the Maine Department of Education
• Action:  Proposed Rulemaking
• Note:  Targeted Rulemaking
• Notice:  October 27, 2021
• Notice: February 4, 2022
• Comment Period: Closed
• Effective Date of Rule:  August 6, 2023
• Final Adoption of Rule Chapter 33 (correction of word processing error): Chapter 33 Language

Chapter 101 - Emergency

• Rule Title:  Maine Unified Special Education Regulation Birth to Age 20
• Filing Agency: This is a rule of the Maine Department of Education
• Action:  Proposed Emergency Rulemaking - Only Section XVIII 3(C)
• Notice:  Priority Notice June 9, 2023
• Fact Sheet: Fact Sheet   
• Proposed Language of Rule: Proposed Emergency Chapter 101 Language
• Effective Date of Rule:  July 7, 2023

• Final Adoption of Rule Chapter 101: Chapter 101 Language 

Chapter 117

• Rule Title: Rules Regarding the Duties of School Counselors and School Social Workers
• Filing Agency: This is a rule of the Maine Department of Education
• Notice: Chapter 117 Priority Notice October 6, 2022
• Provisional Adoption Language of the Rule:  Chapter 117 Provisional Language
• Final Adoption of Rule Chapter 117: Chapter 117 Language

 

Public Documents that are not readily available on this page can be available on request. For general questions or access to these documents, please email Maine DOE’s rulemaking liaison, Laura Cyr at laura.cyr@maine.gov.

 

How to Get Involved:

As the Maine Department of Education weighs proposed rule changes, there are numerous points in the process where stakeholder and public comment are solicited. This graphic provides an overview of the Rulemaking Process and highlights points for public input.

 

A PDF of Maine DOE’s rulemaking process infographic is available here.