05-071 C.M.R. ch. 101, § XII - PROGRAM APPROVAL

1. Programs for Children with Disabilities B-5

A. State Approval of Private Early Childhood Special Education (ECSE) Programs. Each private ECSE program that serves children B-5 with disabilities must meet all applicable requirements of either the Rules for Licensing of Child Care Facilities, 10-148, CMR 32; the Rules for the Certification of Family Child Care, 10-148, CMR 33; or the Rules for the Licensing of Nursery Schools, 10-148, Chapter 36, and submit an application for special education approval to the Child Development Services (CDS) State Intermediate Educational Unit (IEU) utilizing a format prescribed by the Commissioner. Children B-2 are to be served in their natural environment to the maximum extent possible, unless their IFSP Teams determine that their program should be with children who are not typically developing.

Each application must include the following:

(1) Requirements for approval:

(a) General description of the program;

(b) Qualification or certification of staff (copies of professional licenses (if applicable));

(c) Plan of instruction, curriculum, assessments, access to the general curriculum, and extracurricular activities, if applicable;

(d) Documentation of adequacy of facilities to meet the needs of the children served by the school/program;

(e) Adequate related services;

(f) Professional supervision. At least one full time staff member shall be designated as the educational administrator for the program. Such person shall be assigned to supervise the provision of special education services in the school and ensure that the services specified in each child's IFSP or IEP are delivered. The educational administrator shall possess certification either as: an Administrator of Special Education (030); an Assistant Administrator of Special Education (035); a Special Education Consultant (079); or a Teacher - Disabled Students (282, B-5) or a Teacher - Severe Impaired (286) with a minimum of a master's degree in special education or a related field plus one year of administrative experience. If the private school has a special education consultant (079), a special educator (282) or a teacher of children with severe impairments (286) serving as an educational administrator, that person must be supervised by a special education administrator (030) or an Assistant Director of Special Education (035) at least 5 hours a month. The educational administrator shall be certified pursuant to the requirements in Me. Dept. of Ed. Reg. 115;

(g) Professional development plan;

(h) Program self-assessment plan;

(i) Capacity to support movement on the educational continuum for each child;

(j) Documents of incorporation;

(k) Parent handbook;

(l) Administrative policy manual;

(m) Copy of annual budget;

(n) Policy for immediate notification and reporting of serious events. In the event of serious injury or death of a child, criminal activity on the part of a child or staff member, or other serious incident affecting the well-being of any child, the approved ECSE private program shall immediately notify, by telephone and by letter, the parents, CDS IEU, any state agency involved in child care or program placement, and

(o) Capacity to provide a safe, healthy, and appropriate educational environment.

B. CDS IEU Review and Program Approval. CDS IEU shall review for approval each application submitted under Section A above and shall consult with other state agencies as necessary. CDS IEU may, at its discretion, schedule site visits, interviews, or other inspection of the proposed program. CDS IEU may deny approval, issue temporary approval (for up to 3 months), or grant full approval. CDS IEU shall provide the applicant with a written notice of its actions and reasons for such actions.

C. Revisions to Application. Any changes to the application, including but not limited to change in personnel, facilities, staffing patterns, or population served, requires the submission and approval of amendments to the relevant portions of the application.

D. Revocation of Approval. CDS IEU may place a program, previously fully approved, on non-approval status if it becomes aware of conditions at the program that, in the judgment of CDS IEU, compromise the program's ability to continue to meet any of the criteria identified in section A above. In such circumstances, CDS IEU shall provide written notice of the change in status, the circumstances that caused CDS IEU to take such action, and the actions necessary to correct the problem within a timeframe determined by CDS IEU.

E. Request for Reconsideration. Within one month of receipt of written request for reconsideration of any CDS IEU action in relation to approval status, CDS IEU shall consider the request and provide a formal written response. CDS IEU may, at its discretion, hold a hearing on the facts, make site visits, or issue an alternative remedy.

2. Programs for Children with Disabilities 5-20

A. State Approval of Private School Programs. Each private school program that serves children 5-20 with disabilities must meet all applicable components of the basic school approval standards (Maine Dept. of Ed. Reg. 125) for elementary or secondary private schools and submit an application for special education approval to the Department utilizing a format prescribed by the Commissioner.

Each application must include the following:

(1) Requirements for approval:

(a) General description of the program;

(b) Qualification or certification of staff (copies of professional licenses (if applicable));

(c) Plan of instruction, curriculum, assessments, access to the general curriculum, and extracurricular activities;

(d) Documentation of adequacy of facilities to meet the needs of the children served by the school/program;

(e) Adequate related services;

(f) Professional supervision. At least one full timestaff member shall be designated as the educational administrator for the program. Such person shall be assigned to supervise the provision of special education services in the school and ensure that the services specified in each child's IEP are delivered. The educational administrator shall possess certification either as: a special education administrator (030); an Assistant Director of Special Education (035); a special education consultant (079); or a special educator (282) or a teacher of children with severe impairments (286) with a minimum of a master's degree in special education or a related field plus one year of administrative experience. If the private school has a special education consultant (079), a special educator (282) or a teacher of children with severe impairments (286) serving as educational administrator, that person must be supervised by a special education administrator (030) or an Assistant Director of Special Education (035) at least 5 hours a month. The educational administrator shall be certified pursuant to the requirements in Me. Dept. of Ed. Reg. 115;

(g) Teacher-child ratios;

(h) Capacity to support movement on the educational continuum for each child;

(i) Agreement with the sending SAUs regarding how high school children will earn credits or demonstrate proficiency towards graduation;

(j) Documents of incorporation;

(k) Parent handbook;

(l) Administrative policy manual;

(m) Copy of annual budget;

(n) Policy for immediate notification and reporting of serious events. In the event of serious injury or death of a child, criminal activity on the part of a child or staff member, or other serious incident affecting the well-being of any child, the approved special purpose private school shall immediately notify, by telephone and by letter, the parents, the sending school district(s), any state agency involved in child care or program placement, and the Department of Education; and

(o) Capacity to provide a safe, healthy and appropriate educational environment.

B. State Approval of Regional Special Education Programs. Two or more SAUs may enter into a cooperative agreement to provide regional special education programs and support services. Each regional program that serves children B-20 with disabilities must submit an application for approval to the Department utilizing a format prescribed by the Commissioner. Approved regional programs will be monitored under the Department's General Supervision System.

(1) Cooperative Agreement. The regional program cooperative agreement must include:

(a) Identification of the participating school administrative units;

(b) The method of entering into and withdrawing from the cooperative agreement;

(c) The objectives and functions to be performed by the regional program;

(d) The location of the program and the owner of the buildings used by the program;

(e) The method of administering the regional program, including identification of the employer(s) of all program staff.

(2) Regional Program Plan. All the requirements listed below must be addressed; they may either be included in the cooperative agreement, or in a program plan that accompanies the cooperative agreement. The regional program plan must include:

(a) The admission requirements, including the protocol for admission through a determination of student needs;

(b) An account of staff qualification or certification, including position, social security number, and number of students served at one time;

(c) The plan of instruction, including a written curriculum aligned with the revised Maine Learning Results, a description of assessment, and the method of providing access to extracurricular activities;

(d) An account of the adequacy of facilities;

(e) An account of the adequacy of support services, including an account of related service (including transportation) hours determined by student need;

(f) A statement of assurance that a program administrator qualified as an administrator of special education, or that administrator's designee, is on site at the regional program to provide professional supervision;

(g) The teacher-student ratio;

(h) The method of involving parent and community participation;

(i) The identification of the school administrative unit designated as the fiscal agent, responsible also for the basic school approval process unless another school administrative unit is designated as responsible;

(j) The method of fiscal operation and cost sharing;

(k) A statement of assurance that, if a full-time regional program accept students on a tuition basis, the tuition rate will be computed in accordance with 20-A MRSA §7302(1) and will not exceed the actual per student cost incurred in operation of the special education program; and

(l) A statement of assurance that the regional program is supported by funds included in the special education appropriations of each of the member SAUs.

(3) Prohibition on School Construction. The regional program is prohibited from proposing school construction for special education purposes.

C. Department Review and Program Approval. The Department shall review for approval each application submitted under Sections A and B above and shall consult with other state agencies as necessary. The Department may, at its discretion, schedule site visits, interviews, or other inspection of the proposed program. The Department may deny approval, issue temporary approval (for up to 3 months), or grant full approval. The Department shall provide the applicant with a written notice of its actions and reasons for such actions.

D. Revisions to Application. Any changes to the application, including but not limited to change in personnel, facilities, staffing patterns, or population served, requires the submission and approval of amendments to the relevant portions of the application.

E. Revocation of Approval. The Department may place a program, previously fully approved, on non-approval status, if it becomes aware of conditions at the program that, in the Department's judgment, compromise the program's ability to continue to meet any of the criteria identified in section A. or B. above. In such circumstances, the Department shall provide written notice of the change instatus, the circumstances that caused the Department to take such action, and the actions necessary to correct the problem within a timeframe determined by the Department.

F. Request for Reconsideration. Within one month of receipt of written request for reconsideration of any Department action in relation to approval status, the Department shall consider the request and provide a formal written response. The Department may, at its discretion, hold a hearing on the facts, make site visits, or issue an alternative remedy.

3. Documentation of Out of District Placement

A. Documentation of Out of District Placement. SAUs placing students outside their districts in the following programs, to which the following restrictions apply, shall promptly notify the Department of such placement by filing a Notification of Placement for Children with Disabilities Form (EF-S-01):

(1) Special Purpose Private School in Maine. A special purpose private school must be approved by the Commissioner for the provision of special education in accordance with 2(A) above.

(2) Special Purpose Private School Outside the State. A special purpose private school outside Maine must have received approval for the provision of special education by that state's education agency.

(3) Special Education Program in a General Purpose Private School (other than one used by the SAU as the regular placement for children without disabilities) or Private Pre-school. Notwithstanding any contract or tuition arrangements with a secondary school approved for tuition purposes pursuant to 20-A M.R.S.A. § 2951, no child with a disability shall be placed in a general purpose private school or private pre-school through the IEP process unless the school also has special education approval through the Department or the State Intermediate Educational Unit.

(4) Regional Special Education Program. A regional special education program must be approved by the Commissioner for the provision of special education in accordance with 2(B) above.

Notes

05-071 C.M.R. ch. 101, § XII