Code of Maine Rules — Department of Education and State Board of Education

05-071 Department of Education - General

Chapter 4 Equal Educational Opportunity (a joint chapter with 94-348)

Code Me. R. 05-071 Ch. 4 Equal Educational Opportunity {#sec-05-071-ch.-4 omnilex-key=us-me-regs-official--dept-education-and-state-board-education--05-071 Ch. 4}

4.01 GENERALLY

A. Purpose

Pursuant to Title 5, M.R.S.A., §§ 4551 et seq ., as amended by P.L. 1983 c. 578, the Maine Human Rights Commission and the Commissioner of Education adopt this rule designed to assure nondiscrimination on the basis of sex in the educational institutions of the State of Maine.

B. Effect

This rule shall be accorded the full force and effect of interpretative administrative regulations.

C. Construction

(1) Consistent with the public policy underlying the Maine Human Rights Act, this rule shall be liberally construed to accomplish the purposes of the governing legislation.

(2) Should any provision or the application of any provision of this rule to any educational institution, be held invalid, such invalidity shall not affect other provisions or applications which can be given effect without the invalid provision or its application.

4.02 DEFINITIONS

All terms used in this rule, unless the context otherwise indicates, shall have the same meaning as in the Maine Human Rights Act, Title 5, M.R.S.A. §§ 4551, et seq ., and applicable provisions of Title 20-A.

A. Commission: “Commission” shall mean the Maine Human Rights Commission.

B. Educational institution: “Educational institution" shall mean any public school or educational program, any public post-secondary institution, and any private school or educational program approved for tuition purposes if both male and female students are admitted, and the governing body of each such school or program. The governing body shall include, as appropriate, school committees, boards of directors of school administrative units, cooperative boards of vocational regions, the boards of trustees of the University of Maine and Maine maritime Academy, the State Board of Education for the vocational-technical institutes, the Commissioner of Education for schools in the unorganized territory and the Governor Baxter School for the Deaf, and boards of trustees or directors of private schools.

C. Unlawful educational discrimination: "Unlawful educational discrimination" shall mean action on the basis of sex to:

(1) Exclude a person from participation in, deny a person the benefits of, or subject a person to, discrimination in any academic extracurricular, research, occupational training or other program or activity;

(2) Deny a person equal opportunity in athletic programs;

(3) Apply any rule concerning the actual or potential family or marital status of a person or to exclude any person from any program or activity because of pregnancy or related conditions;

(4) Deny admission to the institution or program or to fail to provide equal access to and information about an institution or program through recruitment; or

(5) Deny financial assistance availability and opportunity.

D. Approved for tuition purposes: An institution "approved for tuition purposes" shall mean any school or educational program approved by the Commissioner of Education for the receipt of public funds pursuant to Title 20-A, Maine Revised Statutes, §§ 2951, 5104, 7252.

4.03 GENERAL REQUIREMENT OF NONDISCRIMINATION

A. Nondiscrimination

The right to freedom from discrimination on the basis of sex in public and publicly supported educational institutions is recognized and declared to be a civil right. This right includes the opportunity for an individual at an educational institution to participate in all academic and extra-curricular programs and related activities without discrimination on the basis of sex.

B. Affirmative Action

Remedial action which results in preferential treatment of one sex, undertaken pursuant to court order or a formal consent decree or settlement as the result of action by an authorized federal or state agency, shall not be unlawful educational discrimination for purposes of the Act.

Affirmative action resulting in preferential treatment of one sex, if undertaken pursuant to an affirmative action plan adopted by the governing body of the institution, shall be deemed not to be unlawful educational discrimination under the Act. Such affirmative action plans may be adopted in the absence of a finding of unlawful educational discrimination to overcome the effects of conditions of the past which have resulted in limited participation by persons of one sex and may involve special recruitment, counseling and other efforts to encourage the participation of members of that sex in programs or activities traditionally entered by the opposite sex. Neither sex can be entirely excluded from any activity by such affirmative action efforts. Nothing in this section, however, shall limit the ability of an educational institution to sponsor a single sex team in interscholastic or intercollegiate athletic competitions in compliance with §4.11(C).

4.04 ADMISSIONS

A. General

No person shall, on the basis of sex, be denied admission, or be subjected to discrimination in admission by any educational institution to which the Act applies.

B. Specific Prohibitions

(1) In determining whether a person satisfies any policy or criterion for admission, or in making any offer or referral of admission, a educational institution shall not:

a. Give preference to one person over another on the basis of sex, by ranking applicants separately on such basis, or otherwise;

b. Apply numerical limitations upon the number or proportion of persons of either sex who may be admitted; or

c. Otherwise treat one individual differently from another on the basis of sex.

(2) Any standards used as part of the admissions process, including but not limited to testing, the use of recommendations and interviewing, to any public school shall not discriminate on the basis of sex.

4.05 RECRUITMENT

An educational institution shall not discriminate on the basis of sex in the recruitment of students. Written materials or recruitment activities used by an educational institution to recruit students shall not contain references suggesting the predominance of one sex or preference for one sex.

4.06 ACADEMIC PROGRAMS

A. Availability of Programs and Courses

Each and every academic program and course offered by an educational institution shall be open and available to students regardless of sex. Nothing herein shall be construed to prohibit the use of prerequisites that have been demonstrated to be essential to success in a given program or course. However, if participation in a program or course is dependent upon completion of a prerequisite which was previously limited to students of one sex, then all members of the previously excluded group shall be given the opportunity to acquire the prerequisites or be allowed to enter the program or course without such prerequisites. If it cannot be shown that a prerequisite is essential to success in a given program or course, the prerequisite shall be abolished.

B. Required Courses

The determination of what courses are required of any student shall be made without regard to sex.

C. Scheduling of Classes

The scheduling of students into classes shall not be done on the basis of sex, except as authorized in sections 4.09 and 4.18.

4.07 VOCATIONAL PROGRAMS

The assignment of students into vocational programs or courses, including cooperative education, apprenticeships or on-the-job training sites, shall not be done on the basis of sex. Each educational institution shall require cooperating employers, vocational trainers, and special contractors to pledge that opportunities will not be restricted on the basis of sex. Where there is reasonable evidence of discrimination on the basis of sex, responsible officials of the educational institution shall take appropriate corrective action, including, but not limited to, terminating the relationship with the outside person.

4.08 PHYSICAL EDUCATION

A. Assignments

The assignment of students to physical education courses shall not be done on the basis of sex. This section does not prohibit the grouping of students in physical education classes by ability as assessed by objective standards of individual performance developed and applied without regard to sex.

B. Effective Date

With respect to physical education courses at the secondary and postsecondary levels, the educational institution shall comply fully with this section as expeditiously as possible but in no event later than January 1, 1985.

4.09 HUMAN SEXUALITY

Portions of courses in elementary and secondary schools which exclusively treat the topic of human sexuality may be conducted in separate sessions for boys and girls.

4.10 VOCAL INSTRUCTION

Educational institutions may establish standards for participation based on vocal range or quality which result in a chorus or choruses of one sex so long as comparable alternative vocal musical opportunities are available to students of the opposite sex.

4.11 ATHLETICS

A. General

No person shall, on the basis of sex, be excluded from participation in, be denied the benefits of, be treated differently from another person or otherwise be discriminated against in any interscholastic, intercollegiate, club or intramural athletics offered by an educational institution.

B. Equal Opportunity

An educational institution which sponsors or participates in interscholastic, intercollegiate, club or intramural athletics shall provide an overall equal athletic opportunity for both sexes.

To provide equal opportunity in these programs, an institution must select sports and levels of competition which effectively accommodate the interests and abilities of both sexes and provide equal opportunities on a seasonal basis.

This section does not require all teams to be integrated or the provision of identical sports for both sexes.

In determining whether equal opportunities are available in athletics programs, the Commission shall consider whether the following are substantially equal:

• The provision of equipment and supplies;

• Scheduling of games and practice time;

• Travel and per diem allowance;

• Opportunity to receive coaching and academic tutoring;

• Assignment of coaches, tutors and officials;

• Provision of locker rooms, practice and competitive facilities;

• Provision of medical and training machine facilities and services;

• Provision of housing and dining facilities and services;

• Provision of supportive services and benefits, including publicity, band and cheerleading support sponsored by the educational institution.

Unequal aggregate expenditures for members of each sex or unequal expenditures for male and female teams if an educational institution operates or sponsors separate teams will not constitute per se noncompliance with this section, but the Commission may consider the failure to provide necessary funds for teams of one sex in assessing general equality of opportunity.

C. Single-Sex Teams

An educational institution may sponsor single-sex team in interscholastic or inter-collegiate athletics competitions in the following instances:

(1) The institution sponsors a team for each sex in the same sport.

(2) The sport is boxing.

(3) The educational institution establishes one team in a sport and, as a result of athletic competition for places on the team, or the lack of interest of students, only the members of one sex become members of the team.

In such a case, the educational institution must provide equal opportunity in athletics by sponsoring a team in another sport which effectively accommodates the interests and abilities of the opposite sex.

(4) The educational institution establishes a single sex team in one or more sports in order to accommodate effectively the interests and abilities of one sex and to increase the general opportunities for participation by that sex.

This may be done where competition open to both sexes has or will likely result in an overall lessening of equal opportunities in athletics for one sex.

4.12 COUNSELING

A. Counseling

An educational institution shall not discriminate against any person on the basis of sex in the counseling or guidance of students or applicants.

B. Use of Appraisal and Counseling Materials

An educational institution which uses testing or other materials for appraising or counseling students shall not use different materials for students on the basis of their sex or use materials which permit or require different treatment of students on such basis unless such different materials cover the same occupations and interest areas and the use of such different materials would encourage members of one sex to enter programs or activities which are traditionally entered by the opposite sex.

4.13 COMPARABLE FACILITIES

An educational institution may provide separate toilet, locker room, and shower facilities on the basis of sex, but such facilities provided for students of one sex shall be comparable to such facilities provided for students of the other sex.

4.14 HOUSING

A. Generally

An educational institution shall not, on the basis of sex, apply different rules or regulations, impose different fees or requirements, or offer different services or benefits related to housing, except as provided in this section (including housing provided only to married students).

B. Separate Housing Facilities

An educational institution may provide separate housing on the basis of sex. However, housing provided by an educational institution to students of one sex, when compared to that provided to students of the other sex, shall be as a whole:

(1) Proportionate in quantity to the number of students of that sex applying for such housing, and

(2) Comparable in quality and cost to the student.

4.15 FINANCIAL ASSISTANCE

A. General

Except as provided in subsections B and C of this section, an educational institution, in providing financial assistance to any of its students shall not:

(1) On the basis of sex, provide different amount of types of such assistance, limit eligibility for such assistance which is of any particular type or source, apply different criteria, or otherwise discriminate;

(2) Apply any rule concerning eligibility for such assistance which treats persons of one sex differently from persons of the other sex with regard to marital or parental status.

B. Financial Aid Established by Certain Legal Instruments

An educational institution may administer or assist in the administration of scholarships, fellowships, or other forms of financial assistance established pursuant to domestic or foreign wills, trusts, bequests, or similar legal instruments or by acts of a foreign government which requires that awards be made to members of a particular sex specified therein; provided that the aggregate of all the awards of such sex-restricted scholarships, fellowships, and other forms of financial assistance does not discriminate on the basis of sex.

C. Athletic Scholarships

(1) To the extent that an educational institution awards athletic scholarships or grants-in-aid, it must provide reasonable opportunities for such awards for members of each sex in proportion to the number of students of each sex participating in interscholastic or intercollegiate athletics.

(2) Separate athletic scholarships or grants-in-aid for members of each sex may be provided as part of separate athletic teams for members of each sex to the extent consistent with this section.

4.16 EMPLOYMENT ASSISTANCE TO STUDENTS

A. Assistance by Educational Institution in Making Available Outside Employment

An educational institution which assists any agency, organization, business or person in making employment available to any of its students shall meet the following:

(1) It shall take reasonable steps to assure that such employment is made available without discrimination on the basis of sex; and

(2) It shall not render such services to any agency, organization, business or person which discriminates on the basis of sex in its employment practices; and shall issue that any employment recruitment activities are offered to both male and female students in a non-discriminatory manner.

4.17 HEALTH AND INSURANCE BENEFITS AND SERVICES

In providing a medical, hospital, accident, or life insurance benefit, service, policy, or plan to any of its students, an educational institution shall not discriminate on the basis of sex, or provide such benefit, service, policy, or plan in a manner which would constitute discrimination on the basis of sex.

4.18 MARITAL OR PARENTAL STATUS

An educational institution shall not establish or implement any policy concerning a student's actual or potential parental, family, or marital status which treats students differently on the basis of sex.

B. Pregnancy and Related Conditions

(1) An educational institution shall not unlawfully discriminate against any student, or exclude any student from any program or course activity on the basis of such student's pregnancy, childbirth, false pregnancy, termination of pregnancy or recovery therefrom.

(2) An educational institution may require such a student to obtain the certification of a physician that the student is able to continue participation in the regularly scheduled program, course or activity so long as such a certification is required of all students for other conditions which may require the attention of a physician.

(3) An educational institution which operates a portion of its programs or activities separately for pregnant students, admission to which is voluntary on the part of the student as provided in paragraph (b) (1) of this section, shall ensure that the separate instruction is comparable to that offered to other students.

(4) An educational institution shall treat pregnancy, childbirth, false pregnancy, termination of pregnancy and recovery therefrom in the same manner and under the same policies as any other temporary disability with respect to any medical or hospital benefit service, plan, or policy which such educational institution administers, operates, offers, or participates in with respect to students admitted to the institution's educational programs.

(5) In the case of an educational institution which does not maintain a leave policy for its students, or in the case of a student who does not otherwise qualify for leave under such a policy, an educational institution shall treat pregnancy, childbirth, false pregnancy, termination of pregnancy and recovery therefrom as a justification for a leave of absence for so long a period of time as is deemed medically necessary by the student's physician, at the conclusion of which the student shall be reinstated to the status which she held when the leave began.

Public schools, however, shall excuse students who are disabled by pregnancy, as an excusable absence pursuant to Title 20-A, section 5001-A (4).

(6) Nothing in this rule shall prevent a school from providing educational programs/courses and related activities separately to pregnant students, who, with the consent of their parents, request to be excused from regular programs and activities.

4.19 SEXUAL HARASSMENT

Harassment on the basis of sex shall be unlawful educational discrimination within the meaning of Title 5, §4602. This shall include unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature in the following situations:

(1) Submission to such conduct is made either explicitly or implicitly a term or condition of a student's educational benefits;

(2) Submission to or rejection of such conduct by a student is used as the basis for decisions on educational benefits;

(3) Such conduct has the purpose or effect of substantially interfering with an individual's academic performance or creating an intimidating, hostile or offensive educational environment.

4.20 EXCLUSIONS

A. Social Fraternities and Sororities

This rule does not apply to the membership practices of social fraternities and sororities which are exempt from taxation under Section 501(a) of the Internal Revenue Code of 1954, the active membership of which consists of students at institutions of higher education.

B. Special Occasions or Events

This rule does not prohibit the occasional holding of special events organized for members of one sex, such as father-son, mother-daughter dinners.

C. Single Sex Organizations

This rule does not prohibit the single-sex membership practices of The Girl Scouts, Boy Scouts, Young Men's Christian Association, Young Women's Christian Association, Boys State, Girls State, or other such groups which may use the facilities of the educational institution.

History

• STATUTORY AUTHORITY: 5 M.R.S.A. §4603.
• EFFECTIVE DATE: August 25, 1984 – Chapters 4 and 4-A, filing 84-290, jointly with Maine Human Rights Commission
• EFFECTIVE DATE (ELECTRONIC CONVERSION): May 12, 1996
• AMENDED: July 30, 1996 – Chapter 4 Section 11(C)(2), filing 96-316, jointly with Maine Human Rights Commission
• NON-SUBSTANTIVE CORRECTIONS: October 2 and 29, 1996 - minor spelling
• REPEALED AND REPLACED: September 19, 2000 – Chapters 4 and 4-A, filing 2000-395, jointly with Maine Human Rights Commission
• AMENDED: February 8, 2010 – Chapter 4-A only, filing 2010-22, jointly with Maine Human Rights Commission
• AMENDED: APAO WORD VERSION CONVERSION (IF NEEDED) AND ACCESSIBILITY CHECK: July 15, 2025

Chapter 4 Procedural Rule: Equal Educational Opportunity (a joint chapter with 94-348)

Code Me. R. 05-071 Ch. 4 -A: Procedural Rule: Equal Educational Opportunity {#sec-05-071-ch.-4 omnilex-key=us-me-regs-official--dept-education-and-state-board-education--05-071 Ch. 4}

4-A.01 GENERALLY

Pursuant to 5 M.R.S.A. §4603 the Maine Human Rights Commission and the Commissioner of Education adopt this rule as a companion procedural rule to Chapter 4 on Equal Educational Opportunity. This rule shall govern the procedure to be followed in processing claims of unlawful educational discrimination filed with the Commission.

4-A.02 DEFINITIONS

All terms used in this rule, unless the context otherwise indicates, shall have the same definition as in the Maine Human Rights Act, 5 M.R.S.A. §§ 4551, et seq . (the Act), and applicable provisions of Title 20-A, Maine Revised Statutes.

A. Commission: "Commission” shall mean the Maine Human Rights Commission.

B. Educational Institution: "Educational institution" shall mean any public school or educational program, any public postsecondary institution, including the University of Maine System and the Maine Maritime Academy, and any private school or educational program approved for tuition purposes if both male and female students are admitted, and the governing body of each such school program. The governing body shall include, but not be limited to, school committees, boards of directors, regional boards of vocational regions, the boards of trustees of the University of Maine System and Maine Maritime Academy, the State Board of Education for the vocational technical institutes, the Commissioner of Education for schools in the unorganized territory and the Governor Baxter School for the Deaf and the board of trustees or directors of private schools or programs.

C. Unlawful educational discrimination: “Unlawful educational discrimination" shall mean action on the basis of sex to:

(1) Exclude a person from participation in, deny a person the benefits of, or subject a person to, discrimination in any academic extracurricular, research, occupational training or other program or activity;

(2) Deny a person equal opportunity in athletic programs;

(3) Apply any rule concerning the actual or potential family or marital status of a person or to exclude any person from any program or activity because of pregnancy or related conditions;

(4) Deny admission to the institution or program or to fail to provide equal access to and information about an institution or program through recruitment; or

(5) Deny financial assistance availability and opportunity.

D. Approved for tuition purposes: An institution "approved for tuition purposes” shall mean any school or educational program approved by the Commissioner of Education for the receipt of public funds pursuant to 20-A M.R.S.A. §§ 2951 and 7204(4).

E. Public School: “Public school" shall mean:

(1) an elementary or secondary school or special education or alternative program operated by a school administrative unit or other public agency; or

(2) a “public charter school” within the meaning of Title 20-A, Chapter 112.

4-A.03 COMPLAINTS

A. Who May File

(1) Any person who believes that he/she has been subjected to unlawful educational discrimination may file a complaint with the Maine Human Rights Commission (the Commission).

Where the complainant is a minor or legally incompetent person, the complaint shall be filed by her/his parent or legal guardian or, if none, by the adult with whom the complainant resides and who exercises parental responsibilities.

(2) Any employee of the Commission may file a complaint with the Commission alleging an act or practice of unlawful educational discrimination.

B. Contents

A complaint should briefly set forth the facts and circumstances surrounding the alleged discrimination.

C. When to File

A complaint of discrimination must be filed with the Commission not more than 300 days after the act of alleged discrimination occurred.

D. Where to file

Complaints may be filed at the office of the Maine Human Rights Commission, 51 State House Station, Augusta, Maine 04333-0051.

E. How to file

Complaints may be filed in person or by mail by filling out a form provided by the Commission and shall be under oath.

Upon request, Commission staff will assist in the preparation of the necessary complaint forms. Aggrieved persons may provide information by mail, telephone, or email. Commission staff may request that intake forms be prepared and submitted. If the information received alleges a violation of the Act, Commission staff will reduce the information to writing on the appropriate complaint form and send it to the aggrieved person to be notarized and filed with the Commission.

F. Amendment of complaints

Complaints may be amended to cure technical defects or omissions, including failure to swear to the complaint under oath before a Notary Public, or to clarify and amplify allegations made therein. Such amendments and amendments alleging additional acts that constitute unlawful practices related to or growing out of the subject matter of the original complaint will relate back to the date the complaint was first received.

G. withdrawal of Complaints

(1) A complaint may be withdrawn at any time, by written request, prior to the issuance of a statement of finding by the Commission, by the person who originally filed it, provided, however, that where the investigation and processing of a complaint have been completed prior to the receipt of a written request for withdrawal, withdrawal is subject to Commission approval. Upon notification of approval of withdrawal, the Commission staff shall cease its investigation.

(2) Withdrawal of an individual complaint, however, will not necessarily preclude the investigation and processing of any complaint filed by an employee or member of the Commission that alleges the same acts of discrimination.

H. Administrative Dismissal

The Commission's Executive Director may, in her/his discretion, administratively dismiss complaints of unlawful educational discrimination for such reasons as:

(1) lack of jurisdiction;

(2) failure to substantiate the complaint of discrimination;

(3) failure to file a complaint of discrimination within 300 days of the date of alleged discrimination;

(4) failure by complainant to proceed or cooperate with the investigation; or

(5) failure by complainant to accept reasonable offers to resolve the allegations in the complaint.

Immediately following administrative dismissal, the Commission shall notify the complainant and the respondent of its action, and shall inform the complainant of her/his rights to proceed pursuant to 5 M.R.S.A. §4621 and of the right to file a separate complaint with the Commissioner of Education pursuant to 20-A M.R.S.A. §258-A and the rules and policies of the Department of Education governing the investigation and resolution of complaints of discrimination on the basis of sex.

4-A.04 NOTIFICATION

Whenever a complaint has been filed, pre-screened, notarized, and assigned a case number, the educational institution against which the complaint has been filed, referred to hereafter as the respondent, will be notified and provided with a copy of the complaint. Notification shall be given to the chair of the educational institution's governing board and the chief administrative officer of the educational institution. The complainant will be provided with a copy of the notification. The notice will advise the parties of time limits applicable to complaint processing under this chapter and of the procedural rights and obligations of the parties under the Act and this chapter. The notice will advise the parties of the complainant’s right to commence a civil action in the Superior Court. The notice will advise the respondent that it is unlawful to discriminate against any person because the person made a complaint or testified, assisted, or participated in an investigation, proceeding, or hearing under the Act. The Commissioner of Education shall also receive notice of any allegations of unlawful educational discrimination in all public schools and programs and in private schools and programs approved for tuition purposes.

4-A.05 REFERRAL TO LOCAL GRIEVANCE PROCEDURES

A. Referral for Action Through Local Grievance Procedure

The Commission and its representatives shall refer complaints to the respondent educational institution for ten (10) days to enable the grievance procedure established by the educational institution to review the complaint and resolve the matter with the complainant, prior to investigatory action or settlement discussions by the Commission or its representatives.

B. Exceptions

The Commission is not required to refer any complaint where the educational institution has not established a grievance procedure or where the complaint alleges sexual harassment by a member of the educational institution.

4-A.06 EARLY RESOLUTION SETTLEMENT

A. Settlement Discussion

After notification and prior to a determination of whether there are reasonable grounds to believe that unlawful educational discrimination has occurred, the Commission’s Compliance Manager or her/his designee will engage in a settlement discussion. The Compliance Manager will encourage written agreements between the parties to resolve the matter. The Compliance Manager may also offer the parties an opportunity to participate in a third-party neutral mediation program established by the Commission.

B. Early Resolution

Prior to a determination by the Commission of whether there are reasonable grounds to believe that unlawful discrimination has occurred, if the matter is resolved to the mutual satisfaction of the complainant and respondent and to the satisfaction of the Commission’s Executive Director or her/his designee, the Executive Director or her/his designee shall have the authority to sign any settlement agreement on behalf of the Commission, together with the parties. When the Commission agrees in any negotiated settlement not to process that complaint further, the Commission's agreement shall be in consideration for the promises made by the other parties to the agreement. The complaint will be dismissed by the Executive Director or her/his designee upon ascertainment that the terms of the agreement have been met.

B-1. In the alternative, the Commission’s Compliance Manager or her/his designee or a mediator assigned pursuant to a third-party neutral mediation program established by the Commission may facilitate a settlement between the parties resulting in the withdrawal of the complaint pursuant to 4-A.03(G).

C. Confidentiality

The content of these predetermination discussions and any final settlement agreement are confidential and may not be disclosed, or used in any subsequent civil or criminal proceeding, without the written consent of the parties, except in a civil action filed by one party alleging a breach of the settlement agreement. Notwithstanding this provision, the Commission and its employees have discretion to disclose such information to a party as is reasonably necessary to facilitate settlement.

4-A.07 INVESTIGATION

A. Preliminary Investigation

After a complaint has been filed, pre-screened, notarized, and assigned a case number, a Commission investigator will conduct such preliminary and impartial investigation as is necessary. An investigation may involve fact-finding meetings and interviews with the complainant, the respondent, and any other persons whose statements may provide a source of evidence. The investigator may record, by mechanical, electronic or other means, all statements by all persons involved.

B. Commission's Right of Access

The Commission's investigator shall have access at all reasonable times to the premises, records, documents, individuals, and other evidence or possible sources of evidence and may examine, record, and copy such materials and take and record the testimony or statements of such persons as are reasonably necessary for the furtherance of the investigation. The Commission’s investigators are hereby delegated the authority to administer oaths.

The Commission and any representative shall have access to individual educational records, only with the permission of parents or students of majority age, in educational institutions governed by the Family Educational Rights and Privacy Act of 1974, the Education of All Handicapped Children Act of 1975, and 20-A M.R.S.A. §6001, except when a subpoena or court order has been issued.

C. Production of Evidence

Documents, records, files, or other possible sources of evidence shall be produced within the time specified by a Commission representative's written request for their production, unless the person processing them demonstrates that production within the time specified would impose an unjustifiable burden. Excessive delay or failure to produce the requested materials may result in the issuance of a subpoena by the Commission for their production.

D. Subpoena Power

(1) Form: Subpoenas shall be issued in the name of the Maine Human Rights Commission, shall designate the Commission as recipient of the material or testimony specified, and shall designate a specific time and place for the production of the documents and/or testimony.

(2) When Available: A subpoena may be used to compel testimony or the production of documents whenever there is reasonable cause to believe that those materials or the testimony of the persons are material to the complaint.

(3) Procedure: When the Commission’s Executive Director or Commission Counsel determines that there is reasonable cause to believe that testimony or documents being withheld are material to investigation of the complaint, the Executive Director or Commission Counsel may issue a subpoena.

The subpoena shall include: the name and address of the respondent subject of the subpoena; if the subject of the subpoena is not an individual, the name of the senior officer or person in charge; a brief description of the documents requested and/or the name and title of the person(s) whose testimony is requested; and the date, time and place such production and/or testimony is requested.

If a subpoena is issued, notice must be given to the complainant and the respondent.

(4) Service. Subpoenas may be served by any person who is not a party to the proceeding and who is not less than eighteen (18) years of age. Service shall be made by delivering a copy of the subpoena to the person named therein and tendering to that person the fees and mileage paid to witnesses in the Superior Court of this State.

(5) Return: The person serving the subpoena shall make proof of service by filing the original of such subpoena and an affidavit of acknowledgment of service with the Commission. However, failure to make sure proof of service shall not affect the validity of such subpoena and service.

(6) Enforcement: If any person refuses to obey a subpoena, the Commission may apply to any justice of the Superior Court for an order compelling compliance with the subpoena.

(7) Opposition: Any person served with a subpoena may oppose it by applying for judicial review in Superior Court.

E. Deferral to Department of Education; Joint Investigations

Upon agreement of the complainant, or by decision of the Commission's Executive Director, and with consent of the Commissioner of Education, the complaint may be referred to the Department of Education for an investigation pursuant to that Department's procedures. The Commission's Executive Director may defer further investigation and action until completion of the investigation of the Department of Education and receipt of the Department's report and recommendations as to appropriate action.

With the consent of the Commissioner of Education and the Commission’s Executive Director, a joint investigation may be pursued by the Commission and the Department.

E-1. Prior to the conclusion of an investigation, all information possessed by the Commission relating to the investigation is confidential and may not be disclosed, except that the Commission and its employees have discretion to disclose such information as is reasonably necessary to further the investigation. The complaint and evidence collected during the investigation, other than data identifying persons who are not parties, shall become a matter of public record upon issuance of a letter of dismissal or upon listing of the complaint on a published Commission meeting agenda. The complaint and evidence collected may be used as evidence in any subsequent proceeding, civil or criminal.

F. Investigator's Report

Upon completion of the investigation, the Commission's investigator will make and transmit a report of the investigation, together with recommendations concerning the disposition of the complaint (hereinafter referred to as Investigator's Report) to the complainant and respondent. The Investigator’s Report shall be approved for legal sufficiency by the Commission Counsel or her/his designee before it is issued. All parties to a complaint shall be given a reasonable opportunity to review and respond to all evidence considered by the Commission before the Investigator’s Report is issued, but the timing of any such review shall be subject to the investigator’s discretion.

The Investigator's Report on a public school or program or private school or program approved for tuition purposes shall also be delivered in a timely manner to the Commissioner of Education.

G. Submission of Response

Upon receipt of the Investigator's Report, the complainant and respondent shall have an opportunity to make written submissions to the Commission setting forth specific items of disagreement with the report and/or recommendations. The Commissioner of Education may also make a written submission on any report concerning public schools or programs or private schools or programs approved for tuition purposes. Written submissions shall be returned to the Commission's office within seventeen (17) working days of issuance of the Investigator's Report. Written submissions must be limited to specific items of disagreement that address the following: (1) relevant factual errors, (2) relevant omissions of fact, and/or (3) relevant issues and questions concerning interpretation of the governing law.

H. Transmittal to Commission

At the expiration of the seventeen (17) day period, a Commission representative will transmit the Investigator's Report and any written submissions to the Commission.

I. The Commission must conclude its investigation within 2 years after the notarized complaint is filed with the Commission. An investigation is concluded for purposes of this requirement upon issuance of a letter of dismissal or upon listing of the complaint on a published commission meeting agenda, whichever first occurs.

4-A.07-A COMMISSION MEETING

The Commission may allow the parties and the Commissioner of Education to make an oral presentation on information related to the complaint of discrimination at a monthly Commission meeting. Information presented must comply with 4-A.07(G). The Commission may impose time limits.

4-A.08 COMMISSION DECISION UNDER NON-EMERGENCY PROCEDURE

After considering the Investigator's Report, written submissions, if any, and other related information, the Commission will make a determination whether reasonable grounds exist to believe that unlawful educational discrimination has occurred. The Commission shall issue a Statement of Finding in support of its determination.

A. No Reasonable Grounds

If the Commission finds no reasonable grounds to believe that unlawful educational discrimination has occurred, it will enter an order dismissing the complaint. The Commission shall promptly notify the parties and provide each with a copy of its Statement of Finding.

B. Reasonable Grounds

If the Commission finds reasonable grounds to believe that unlawful educational discrimination has occurred, it will so notify the parties of its determination and provide each with a copy of its Statement of Finding. The Commission’s Compliance Manager or her/his designee will then endeavor to resolve the matter by informal means such as conference, conciliation, or persuasion. If the matter is resolved to the mutual satisfaction of the complainant and respondent and to the satisfaction of the Commission, as evidenced in a signed written agreement between the parties, approved by a majority of the Commission, the proceeding will be dismissed upon ascertainment by the Commission’s Executive Director or her/his designee that the terms of the signed agreement have been met.

C. Request for Attorney General's Opinion

If the Commission determines that it is unable to make a determination whether reasonable grounds exist to believe that unlawful educational discrimination has occurred because of legal questions it may request an Attorney General's opinion and postpone the issue and a statement of finding until receipt of an opinion. The Commissioner of Education shall be notified of any request for an opinion of the Attorney General.

D. New Investigation

If, subsequent to a finding, the Commission determines that there have been relevant factual errors or omissions of fact, that, if they are true, would likely change the finding of the Commission, it may order a new investigation of the matter. The Commission will promptly notify the parties of its decision to investigate the matter again.

4-A.09 COMMISSION DECISION UNDER EMERGENCY PROCEDURE

If the preliminary investigation of the complaint persuades the Commission's Executive Director, or other designated representative, that a situation comparable to those described in 5°M.R.S.A. §4612(4)(B) exists, the Executive Director, or representative, shall so notify the Commission. As soon as practical after notification, the Commission will consider the matter by means of a special meeting or other appropriate method. The Executive Director or other designated employee will take all reasonable steps to notify the parties of the special meeting or other appropriate method and of their right to participate.

A. No Reasonable Grounds

If the Commission finds no reasonable grounds to believe that unlawful educational discrimination has occurred, it will issue an order dismissing the complaint. The Commission shall promptly notify the parties of the dismissal and provide each with a copy of its Statement of Finding.

B. Reasonable Grounds

If the Commission finds reasonable grounds to believe that unlawful educational discrimination has occurred, but does not believe that irreparable injury or great inconvenience will be caused to the victim or victims of such discrimination if relief is not immediately granted, it will notify the parties of its determination, provide each with a copy of its Statement of Finding, and process the complaint under its non-emergency procedures.

C. Immediate Relief

If the Commission finds reasonable grounds to believe that unlawful educational discrimination has occurred and further believes that irreparable injury or great inconvenience will be caused the victim or victims of such discrimination, it may request the Commission Counsel or her/his designee to file a civil action in the Superior Court seeking appropriate relief. As soon thereafter as practicable, the Commission shall issue a statement of Finding in support of its determination.

4-A.10 POST-DETERMINATION CONCILIATION

A. Conference, Conciliation and Persuasion

In conciliating a matter in which a determination of reasonable grounds has been made pursuant to the non-emergency procedures of section 4-A.087(B) of this rule, the Commission shall attempt to achieve a just resolution and to obtain assurances that the respondent will eliminate the unlawful educational discrimination. Disposition of a matter pursuant to this section shall be in the form of a written agreement and approved by a majority of the Commission, and notice thereof shall be sent to the parties. Upon ascertainment by the Commission's Executive Director or her/his designee that the terms of the signed agreement have been met, the proceeding shall be dismissed.

B. Participation of Commissioner of Education

The Commission shall inform the Commissioner of Education when it concludes that there exist reasonable grounds to believe that unlawful educational discrimination has occurred in any public school or program or private school or program approved for tuition purposes. The Commissioner may participate in informal conciliation efforts of the Commission. Upon request, the Commissioner shall have access to all information concerning conciliation efforts.

The Commissioner of Education shall be notified, in her/his capacity as the chief administrative officer of the educational institution, of any allegations of unlawful educational discrimination in the Governor Baxter School for the Deaf, the schools of the unorganized territory, and the State vocational-technical institutes.

C. Refusal of Respondent to Cooperate

If a respondent fails or refuses to confer with the Commission's representative, or fails or refuses to make a good faith effort to resolve any dispute, the Commission may terminate efforts to conciliate the dispute. In such event, the respondent shall be notified promptly, in writing, that conciliation efforts have been terminated.

D. Refusal of Complainant to Agree

If a complainant fails or refuses to agree to the terms of a conciliation agreement or settlement that the Commission believes represents a just resolution of the complaint, the Commission may execute a conciliation agreement with the respondent limited to assurances that the respondent will eliminate such unlawful discrimination and take any appropriate corrective action. The proceeding shall be dismissed upon ascertainment by the Commission's Executive Director or her/his designee that the terms of the signed agreement have been met. Where the complainant is not a party to such a conciliation agreement, the execution of the agreement by the Commission and the respondent shall not limit the complainant's right to pursue other individual remedies.

E. Confidentiality of Conciliation Efforts

Everything said or done as part of the Commission's informal endeavors to eliminate unlawful educational discrimination by conference, conciliation or persuasion is confidential and may not be disclosed without the written consent of the parties or used as evidence in a subsequent civil or criminal proceeding, except in a civil action alleging a breach of agreement filed by the Commission or a party. Notwithstanding this provision, the Commission and its employees have discretion to disclose such information to a party as is reasonably necessary to facilitate conciliation.

F. Confidentiality of Third Party Names

Any Commission records that are public records pursuant to the Freedom of Access Act shall be kept in such a manner that they do not reveal the identity of any person who is not a party to a complaint as complainant or a person accused of unlawful educational discrimination.

4-A.11 PROCEDURE AFTER FAILURE OF CONCILIATION

A. Failed Conciliation

If the Commission’s Compliance Manager or her/his designee determines that conciliation efforts have failed, she/he shall so notify the complainant and respondent.

B. Legal Action

When post-determination conciliation efforts have failed, the Commission Counsel or her/his designee is authorized to file a civil action in the Superior Court seeking appropriate relief, including, but not limited to, temporary restraining orders and preliminary injunctions.

C. Referral to Complainant

When the Commission Counsel or her/his designee is unable to file expeditiously such a civil action, the Commission shall so notify the complainant of her/his right to file a civil action pursuant to 5 M.R.S.A. §4621, and make available a referral list of attorneys who have indicated an interest in undertaking such litigation. The Commission shall furnish any attorney who is retained by the complainant, upon request, with access to the investigatory case file and will provide such assistance as is reasonably possible under the existing circumstances. Referral under this subsection does not terminate the Commission's jurisdiction of the proceeding.

4-A.12 TIME LIMITS

A. Deadlines

When these regulations established any time limit for the filing, submission, or production of any document, record, file or other possible source of evidence,; or for the filing of any request with the Commission, such item must be received in the office of the Commission before the close of business on the last day of the time limit.

B. Computation of Time

In computing any period of time prescribed or allowed by this rule, the day of the act, event, or default from or after which the designated period of time begins to run shall not he included. The last day of the period shall be included, unless it is a Saturday, Sunday, or legal state or federal holiday, in which event the period shall run until the end of the next day that is not a Saturday, Sunday, or legal state or federal holiday.

C. Extension of Time

The Commission’s Executive Director or her/his designee, or the Commission, may extend any time limit established in this chapter for good cause shown, and shall notify the parties of any such extension.

4-A.13 ADVISORY RULINGS

A. Upon written request of any interested person, the Commission’s Compliance Manager or her/his designee may make an advisory ruling with respect to the applicability of the Maine Human Rights Act or the rules promulgated by the Commission to that person or an actual state of facts.

B. Advisory rulings made pursuant to this section shall not be binding upon the Commission, provided that, in any subsequent civil action initiated by the Commission, any person’s justifiable reliance upon the ruling shall be considered in mitigation of any civil penal damages or punitive damages sought by the Commission.

Fiscal Impact Note: This proposed rule will not impose any cost on municipalities or counties.

EFFECTIVE DATE:

August 25, 1984 - filing 84-291, Chapters 4 and 4-a

EFFECTIVE DATE (ELECTRONIC CONVERSION):

May 12, 1996

AMENDED:

July 30, 1996 - Section 11 (C)(2) – Chapter 4 only, filing 96-316, jointly with the Maine Human Rights Commission

NON-SUBSTANTIVE CORRECTIONS:

October 2 and 29, 1996 - minor spelling.

REPEALED AND REPLACED:

September 19, 2000 – Chapters 4 and 4-A, filing 2000-395, jointly with the Maine Human Rights Commission

AMENDED:

February 8, 2010 – Chapter 4-A only, filing 2010-21, jointly with the Maine Human Rights Commission

September 12, 2012 – Chapter 4-A only, filing 2012-260, jointly with the Maine Human Rights Commission

APAO WORD VERSION CONVERSION (IF NEEDED) AND ACCESSIBILITY CHECK: July 15, 2025

Chapter 7 Implementation of the Essential Programs and Services Funding Model

Code Me. R. 05-071 Ch. 7 Implementation of the Essential Programs and Services Funding Model {#sec-05-071-ch.-7 omnilex-key=us-me-regs-official--dept-education-and-state-board-education--05-071 Ch. 7}

Summary: This chapter sets forth requirements regarding the implementation of the Essential Programs and Services funding model established in 20-A MRSA Chapter 606-B, including targeted funding for technology, implementation of a standards-based system, and the costs of additional investments in educating children in kindergarten to grade 2.

SECTION 1. DEFINITIONS

For the purposes of this chapter, the following terms have the following meanings:

1.01 Commissioner: “Commissioner” shall mean the Commissioner of Education or a designee.

1.02 Department: “Department” shall mean the Department of Education.

1.03 School Administrative Unit: “School Administrative Unit” shall mean the state-approved unit of school administration and includes a municipal school unit, school administrative district, community school district or any other municipal or quasi-municipal corporation responsible for operating or constructing public schools, except that it does not include a career and technical education region.

1.04 Targeted Funds: “Targeted Funds” shall mean funds that are allocated specifically for additional targeted allocations to school administrative units for technology, implementation of a standards-based system, and the costs of additional investments in educating children in kindergarten to grade 2.

1.05 Targeted Funds Plan: “Targeted Funds Plan” shall mean the plan that school administrative units must submit to show the use of the targeted funds. These plans must be approved by the Commissioner of Education.

SECTION 2. PROCEDURAL REQUIREMENTS

2.01 Requirements for Targeted Funds Plans

School administrative units shall submit plans for the use of funds for technology, implementation of a standards-based system, and the cost of additional investments in educating children in kindergarten to grade 2, and shall receive funding based on approval of the plan by the Commissioner.

A. Technology

(1) Programs. Programs must be in compliance with the school administrative unit’s plan for use of technology for student and teacher learning as established in the Comprehensive Education Plan.

Student Centered Education. Use of targeted funds must facilitate a student centered education that facilitates student learning whenever and wherever the student wants to learn, and addresses the student’s needs across the curriculum in a manner that supports the student’s learning style, including one-to-one computing technology whenever possible.

A program for student centered education may include but is not limited to one or more of the following elements:

(a) Digital-Age Literacy. Promote student learning in various areas of literacy to develop skills in basic scientific, economic, and technological literacies; visual and information literacies; and multicultural literacy and global awareness.

(b) Effective Communication. Promote communication which develops teaming, collaboration, and interpersonal skills for student learning through interactive communication for personal, social, and civic responsibility.

(c) Inventive Thinking. Promote student learning to develop skills for adaptability and higher-order thinking, self direction and creativity.

(d) High Productivity. Promote student learning in prioritizing, planning, and managing for results and the ability to produce relevant, high-quality products through the effective use of real-world tools in student learning using collaboration, media manipulation and creation, content access and data analysis.

(2) Plans. Targeted funds plans for technology must be in compliance with guidelines for the school administrative unit’s approved three year Technology Plan in the unit’s Comprehensive Education Plan, for use of technology for both student and teacher learning, and for efficient administrative unit operations, including one-to-one computing technology whenever possible. Use of targeted funds must be incorporated into the components of the Technology Plan, which must include but are not limited to:

(a) A step-by-step action plan, with timeline, that includes goals, activities, required hardware and software, costs, funding sources, and a description of the type and costs of technology to be acquired compared with the technology assessment in the unit’s Technology Plan, with designation of the federal, state, and local sources of funding.

(b) The process and accountability measures that will be used on a yearly basis to evaluate and revise the extent to which the plan effectively uses technology for student centered education.

B. Implementation of a Standards-Based System

(1) Programs. Programs must be in compliance with state requirements regarding the system of Learning Results established in 20-A MRSA Sections 6201, 6202, 6202-A, and 6209, implementation of a standards-based system.

Programs may include but are not limited to one or more of the following elements:

(a) Planning, development, coordination and implementation of a standards-based system to include formative assessment practices that improve student learning and attainment of graduation expectations.

(b) Analysis and interpretation of curricular or assessment data and use of data for decision making.

(c) Professional development and training for teachers and administrators to support the successful implementation of a standards-based system to include formative assessment practices that improve student learning and attainment of graduation expectations.

(d) The provision of additional teacher time required to establish and implement the components of the unit’s standards-based system.

(e) The provision of providing formative assessments to students that improve student learning and attainment of graduation expectations.

(2) Plans. Targeted funds plans for implementation of a standards-based system must include the following:

(a) Goals for the use of the targeted funds that are aligned with the implementation of Maine’s system of Learning Results and with the unit’s Comprehensive Education Plan.

(b) A step-by-step action plan, developed in documented consultation with the local teacher associations, that includes goals, a timeline, a detailed description of the activities that will be undertaken with the use of targeted funds and the staffing needed to carry out the activities, a proposed budget and a budget narrative. The Commissioner of Education shall develop the documentation process that must be used in developing the action plan.

(c) The process and accountability measures that will be used to evaluate the extent to which the plan activities supported with the targeted funds are achieved and are effective in contributing to the successful achievement of the purposes of the elements above to inform teaching and improve student learning.

(d) An evaluation report and year-end financial statement of expenditures for the use of targeted standards-based system funds in the previous school year.

C. K-2 Education

(1) Programs. School administrative units may develop programs that are in compliance with all applicable reporting requirements for local early childhood programs, and may include but are not limited to one or more of the following elements:

(a) Class size. Reduce the student-teacher ratio in all classrooms within one or more grades, kindergarten through grade 2 to a recommended ratio of 15 to 1 and a maximum of 18 to 1.

(b) Teacher training. Provide training programs for teachers in screening, educational diagnosis, program prescription or program development.

(c) Screening. Establish or expand preschool or early childhood screening programs and the development of individualized educational prescription based on the findings of the screening.

(d) Programs for 4-year-old children. Encourage the development of 2 year kindergartens in conformity with 20-A MRSA §5201 (2)(C), and other appropriate programs to address the needs of 4-year-old children. Proposals for 4-year-old programs must be submitted to the Department for approval and must include consideration of at least the following factors:

(i) demonstrated coordination with other early childhood programs in the community to maximize resources;

(ii) consideration of the extended child care needs of working parents; and

(iii) provision of public notice regarding the proposal to the community being served, including the extent to which public notice has been disseminated broadly to other early childhood programs in the community.

The Department shall encourage broad participation and participation with regional Child Development Services System sites in the program and shall provide technical assistance to local school administrative units in submitting proposals.

(e) Multigrade classrooms. Establish classroom units of more than one grade level.

(f) Learning environment. Develop a learning environment which would encourage each student to learn and progress at that student’s own functional level.

(g) Transition. Facilitate the transition of children from preschool to public school programs.

(h) Family outreach. Provide family outreach and support programs designed to improve parent-school relations and parenting skills.

(2) Plans. Targeted funds plans for K-2 education must include the following:

(a) A description of the qualifications of personnel who will:

(i) directly staff the program;

(ii) be indirectly involved as consultants to the program; and

(b) A detailed description of any and all activities that will be undertaken for the program elements (a)-(h), above and any other program elements included in the K-2 programs.

2.02 Approval of Targeted Funds Plans

Targeted funds plans shall be approved, in writing, when the Commissioner determines that the plan complies with the requirements for the plan and use of targeted funds. Upon receipt of approval by the Commissioner, the school administrative units shall receive funding based on that approval and in accordance with 20-A MRSA §15681(2-A), (3), and (4).

History

• STATUTORY AUTHORITY: 20-A MRSA §15671(6), §15681, and §15687
• EFFECTIVE DATE: October 26, 2007 – filing 2007-420
• EFFECTIVE DATE: 05-071 Chapter 7 page 2

Chapter 13 Qualifying Examinations for Teachers, Educational Specialists, and Administrators

Code Me. R. 05-071 Ch. 13 Qualifying Examinations for Teachers, Educational Specialists and Administrators {#sec-05-071-ch.-13 omnilex-key=us-me-regs-official--dept-education-and-state-board-education--05-071 Ch. 13}

Summary: This chapter establishes qualifying examination requirements for teachers, educational specialists, and administrators seeking initial certification in Maine. There are two types of initial certificates: conditional and professional.

Applicants for professional teacher certification must attain minimum qualifying scores on the Core Academic Skills for Educators, also known as PRAXIS I, in the basic skill areas of reading, writing, and mathematics, on the appropriate content area PRAXIS II exam, and on the appropriate Principles of Learning and Teaching (PLT) exam.

Applicants seeking initial administrator certification have the option of completing the School Leaders Licensure Assessment or the School Superintendent Assessment in lieu of coursework to meet some competency requirements in accordance with Chapter 115 Part II.

13.1 PURPOSE

The purpose of this Chapter is to establish the standard qualifying examinations and scores for applicants for initial teacher certificates, for initial educational specialist certificates, and for initial administrator certificates.

13.2 DEFINITIONS

As used in this Chapter, unless the context indicates otherwise, the following terms shall have the following meanings:

A. Administrator: “Administrator” means an individual certified to provide services in any of the following capacities: superintendent or assistant superintendent of schools, a principal or assistant principal, a teaching principal, a director or assistant director of special education, a director or assistant director of career and technical education, a curriculum coordinator, an instructional supervisor, and a director or assistant director of adult and community education.

B. Assessment: “Assessment” means the appropriate tests as determined by the State Board of Education.

C. Commissioner: “Commissioner” means the Commissioner of the Department of Education or a designee.

D. Conditional Certificate: “Conditional Certificate” means the three-year certificate issued to teachers, educational specialists, and administrators who have not met all requirements for a professional certificate or new endorsement issued pursuant to Chapter 115 Part I, Certification Authorization and Approval of Educational Personnel.

E. Department: “Department” means the Department of Education.

F. Educational Specialist: “Educational Specialist” means an individual certified to provide professional services in any of the following capacities: athletic director, school counselor, library-media specialist, literacy specialist, school psychologist, school nurse, special education consultant, speech-language clinician, or career and technical education evaluator.

G. Endorsement: "Endorsement" means a notation on a certificate issued to a teacher that specifies the grades and subject area or work area for which the certificate is valid. A certificate may bear one or more endorsements.

H. Initial Certification: “Initial Certification” means the initial credential issued for certification to an individual who has never held the certificate or the endorsement previously in Maine. An initial certificate could be a conditional or professional certificate.

I. Professional Certificate: “Professional certificate” means the regular five-year certificate issued by the Department on or after July 1, 1988.

13.3 QUALIFYING EXAMINATIONS FOR INITIAL TEACHER CERTIFICATION REQUIRING A BACHELOR’S DEGREE

3.1 Examination Components

For applicants for an initial professional teacher certificate requiring a bachelor’s degree, the examinations validated for use in this program are the Core Academic Skills for Educators, PRAXIS II, and Principles of Learning and Teaching (PLT) unless waived. The Core Academic Skills for Educators program has three major components which test the applicant in three basic skill areas: reading, writing, and mathematics.

3.2 Examination Sequence

The Educational Testing Service schedules the Core Academic Skills for Educators, PRAXIS II and Principles of Learning and Teaching (PLT) at sites across Maine and the nation. The applicant registers for the examinations directly with the Educational Testing Service.

A. An applicant may take the major components of the Core Academic Skills for Educators at separate times.

B. An applicant who fails to meet the qualifying scores requirement for any component of the Core Academic Skills for Educators, or PRAXIS II or the Principles of Learning and Teaching may retake the exam at scheduled examination sessions as often as allowed by the vendor’s retake policies to meet the requirements.

3.3 Qualifying Scores

Applicants for initial professional teacher certification requiring a bachelor’s degree must achieve the qualifying scores on the qualifying examinations as set forth below, if the examination is required in Chapter 115 Part II.

A. The qualifying scores on the Core Academic Skills for Educators * for individuals requiring a bachelor’s degree are as follows:

Reading Test #5712 156

Writing Test #5722 162

Mathematics Test #5732 150

Applicants for initial professional teacher certification must achieve a composite score of 468 on the three sections of the Core Academic Skills for Educators, with no single score on any section being more than three points lower than the required score above.

*Applicants for certificates requiring bachelor’s degrees may use passing scores on either the Pre-Professional Skills Test/PPST or the Core Academic Skills for Educators until 8-31-18. As of 9-1-18, all applicants must meet passing scores on the Core Academic Skills for Educators exams.

The qualifying scores on PRAXIS II content area exams are as follows:

End./Cert. Code

Endorsement or Certificate

Grade Level

PRAXIS II TEST Code

PRAXIS II

Minimum Score

081

Early Childhood Teacher

Birth to Age 5

5024*****

Educ. of Young Children

160*****

020

General Elementary

K-8

5001*** (comprised of 5002,5003,5004, and 5005

Elem. School: CK

Elementary Education: Multiple Subjects

5001***:

5002-157

5003-157

5004-155

5005-159

029

Early Elementary

K-3

5024

Educ. Of Young Children

160

071

Library/Media Specialist

K-12

5311

Library/Media Specialist

143

075

Guidance Counselor

K-12

5421

Professional School Counselor

156

092

Literacy Specialist

K-12

5301

Reading Specialist

164

100

Secondary English

7-12

5038

English/Language Arts: Content Knowledge

167

100

Middle English

5-8

5047

Middle School English/Language Arts

164

200

Secondary Social Studies

7-12

5081

Social Studies: CK

157

200

Middle Social Studies

5-8

0089

Middle Social Studies

153

282

Teacher Disabled Children

Birth to Age 5

5691

Special Education; Preschool/Early Childhood

159

282

Teacher Disabled Children

K-12

5354

Special Education: Core Knowledge and Applications

151

286

Students w/ Severe Disabilities

K-12

5545*****

Special Education: Core Knowledge and Severe to Profound Applications

158

291

Blind/Visually Impaired

K-12

5282

Special Education: Visual Impairments

163

292

Deaf/Hearing Impaired

K-12

5272

Special Education: Education of Deaf and Hard of Hearing Students

160

293

Speech & Hearing Clinician

b-12

5881

Teaching Speech to Students w/Language Impairments

152

300

Secondary Mathematics

7-12

5165

Mathematics: CK

160

300

Middle Mathematics

5-8

5164

Middle School Mathematics

165

340

Middle Science

5-8

5440

Middle School Science

150

350

Secondary Physical Science

7-12

5245

Or

5265

Or

5435

Chemistry: CK

Or

Physics: CK

Or

General Science: CK

151

141

153

395

Secondary Life Science

7-12

5235

Biology: CK

150

410

Latin

K-12

5601

Latin

152

420

French

K-12

5174*

French: World Language

162

430

German

K-12

5183

German: World Language

163

440

Spanish

K-12

5195 *

Spanish: World Language

168

470

Chinese

K-12

5665

Chinese (Mandarin): World Language

164

510

Physical Education

K-12

5091

Physical Education: CK

149

520

Health

K-12

0551/5551

Health Education

156

614

Music

K-12

5133*

Music: CK

151

620

Visual Arts

K-12

5134

Art: CK

158

625

Theater

K-12

5641

Theatre

146

640

Business Education

K-12

5101

Business Education

154

660

ESL

K-12

5362

English to Speakers of Other Languages

144

670

Family & Consumer Science

K-12

5122*****

Family & Consumer Science

153

690

Gifted & Talented

K-12

5358

Gifted Education

157

700

Industrial Arts

K-12

5051

Technology Education

159

***** Applicants for #081 Early Childhood (0-5) and #029 Early Elementary (K-3) may meet a passing score on either PRAXIS II Test Code 0021 or PRAXIS II Test Code 5024 until 8-31-19. As of 9-1-19, all applicants must meet a passing score on test 5024.

***** Applicants for #286 Teacher of Students with Severe Disabilities (K-12) may meet a passing score on either PRAXIS II Test Code 0321 or PRAXIS II Test Code 5545 until 8-31-19. As of 9-1-19, all applicants must meet a passing score on test 5545.

***** Applicants for #670 Family and Consumer Science (K-12) may meet a passing score on either PRAXIS II Test Code 0121 or PRAXIS II Test Code 5122 until 8-31-19. As of 9-1-19, all applicants must meet a passing score on test 5122.

C. The qualifying scores on Principles of Learning and Teaching are as follows:

Endorsement or Certificate

Grade Level

Principles of Learning & Teaching Test Code

Minimum Score

Early Childhood-3

5621

157

K-8

5622

160

5-8

5623

160

7-12

5624

157

K-12

5622 or 5624

5622: 160 or

5624: 157

9-12

5624

157

3.4 PRAXIS II Content Area Examinations Are Not Available

Applicants for initial teacheror educational specialist certification will not be required to take a PRAXIS II examination if the appropriate examination is not available.

3.5 Conditional Certificates

Applicants who have not achieved Maine’s qualifying scores on the required Core Academic Skills for Educators are eligible for an initial conditional certificate provided they have met all other requirements for the certificate or endorsement in accordance with Chapter 115 Part I and Chapter 115 Part II.

A certificate issued under this subsection may not be suspended or revoked by the Commissioner due to the holder’s failure to attain qualifying scores during the term of the initial conditional certificate.

3.6 Individuals with Disabilities

Individuals with disabilities that prevent them from taking the examination(s) under standard conditions may request special accommodations directly through the Educational Testing Service. The documentation requirements and accommodation request procedures are described in the registration bulletin for the specific examinations.

3.7 Pre-lingually Deaf Applicants

Applicants receiving an initial teacher of deaf or hearing impaired student endorsement under Chapter 115 Part II Section 2.2will not be required to take the Core Academic Skills for Educators, PRAXIS II content area assessment or the Principles of Learning and Teaching examination, if they meet the following criteria:

1. Applicant provides documentation that he/she is pre-lingually deaf;

2. Applicant provides documentation that he/she has graduated from a state or national approved program for teacher of deaf children; and

3. Applicant provides documentation that he/she is proficient in American Sign Language.

3.8 Out-of-State Certified Teachers and Educational Specialists

Applicants holding a current teaching certificate from another state who are seeking a teaching certificate in the same endorsement area will not be required to take the Core Academic Skills for Educators or Principles of Learning and Teaching examinations.

Applicants holding a current educational specialist certificate from another state who are seeking a certificate in the same area will not be required to take the Principles of Learning and Teaching examination.

13.4 QUALIFYING EXAMINATIONS FOR TEACHING CERTIFICATES NOT REQUIRING A BACHELOR’S DEGREE

4.1 Examination Components

For applicants for an initial teacher professional certificate not requiring a bachelor’s degree, the examinations validated for use in this program are the Core Academic Skills for Educators, PRAXIS II, and Principles of Learning and Teaching. The Core Academic Skills for Educators program has three major components which test the applicant in three basic skill areas: reading, writing, and mathematics.

4.2 Examination Sequence

The Educational Testing Service schedules the Core Academic Skills for Educators, PRAXIS II and Principles of Learning and Teaching at sites across Maine and the nation. The applicant registers for the examinations directly with the Educational Testing Service.

An applicant may take the major components of the Core Academic Skills for Educators at separate times.

B. An applicant who fails to meet the qualifying scores requirement for any component of the Core Academic Skills for Educators or PRAXIS II or the Principles of Learning and Teaching may retake the exam at scheduled examination sessions as often as allowed by the vendor’s retake policies to meet the requirements.

4.3 Qualifying Scores

Applicants for initial teacher professional certification not requiring a bachelor’s degree must achieve the qualifying score the qualifying examinations as set forth below.

The qualifying scores on the Core Academic Skills for Educators * for individuals not requiring a bachelor’s degree are as follows:

Subject Scale Scores

Reading Test #5712 153

Writing Test #5722 156

Mathematics Test #5732 147

Applicants for initial professional teacher certification must achieve a composite score of 456 on the three sections of the Core Academic Skills for Educators, with no single score on any section being more than three points lower than the required score above.

*Applicants for certificates not requiring bachelor’s degrees may use passing scores on either the Pre-Professional Skills Test/PPST or the Core Academic Skills for Educators until 8-31-18. As of 9-1-18, all applicants must meet passing scores on the Core Academic Skills for Educators exams.

The qualifying score on PRAXIS II content area exam for all Career and Technical Education endorsements is as follows (unless exempt according to provisions in Chapter 115, Part II):

Endorsement Certificate

Grade Level

PRAXIS II Test Code

PRAXIS II

Minimum Score

All Career & Technical Education

9-12

5511

Fundamental Subjects: Content Knowledge

150

C. Applicants for initial teacher certification with a Career and Technical Education (9-12) endorsement must take the Principles of Learning and Teaching (7 – 12) * examination.

4.4 Conditional Certification

Applicants who have not achieved Maine’s qualifying scores on the required qualifying examinations are eligible for an initial conditional certificate, provided they have met all other requirements for a conditional certificate in accordance with Chapter 115 Part I and Chapter 115 Part II.

A conditional certificate issued under this subsection may not be suspended or revoked by the Commissioner due to the holder’s failure to attain qualifying scores during the term of the conditional certificate.

4.5 Applicants holding a valid career and technical education endorsement who are seeking an additional career and technical education endorsement will not be required to take the Core Academic Skills for Educators or Principles of Learning and Teaching examinations.

4.6 Applicants holding a valid K-3, K-8, 5-8, 7-12, or K-12 endorsement who are seeking a career and technical education endorsement will not be required to take the Core Academic Skills for Educators or Principles of Learning and Teaching examinations.

4.7 Individuals with Disabilities

Individuals with disabilities that prevent them from taking the examination(s) under standard conditions may request special accommodations directly through the Educational Testing Service. The documentation requirements and accommodation request procedures are described in the registration bulletin for the specific examinations.

4.8 Native Language Endorsement

Applicants receiving an initial Native Language endorsement under Chapter 115 Part II Section 5.1 Pathway 2will not be required to take the Core Academic Skills for Educators or the Principles of Learning and Teaching examination.

Applicants for an initial Native Language endorsement will not be required to take a PRAXIS II examination until the appropriate examination is available. Applicants receiving a provisional or professional certificate with a Native Language endorsement prior to a minimum score being set will not need to meet the passing score at a later date.

13.5 QUALIFYING EXAMINATIONS FOR ADMINISTRATORS

5.1 Applicants for an initial superintendent or an initial assistant superintendent certificate, may complete the School Superintendent Assessment to meet the knowledge areas in accordance with Chapter 115 Part II .

The School Superintendent Assessment is an alternative pathway to meeting specified knowledge areas and is not a requirement for each applicant.

5.2 Examination Sequence

The Educational Testing Service schedules the School Superintendent Assessment at sites across Maine and the nation. The applicant registers for the examination directly with the Educational Testing Service.

An applicant may retake the examination at scheduled examination sessions as often as allowed by the vendor’s retake policies to meet the requirements.

1. Qualifying Scores

The qualifying score on the School Superintendent Assessment (test code #6021) for individuals seeking a superintendent or assistant superintendent certificate is 160*.

5.4 Applicants for an initial administrator certificate other than superintendent or assistant superintendent may complete the School Leaders Licensure Assessment to meet the knowledge areas in accordance with Chapter 115 Part II.

The School Leaders Licensure Assessment is an alternative pathway to meeting specified knowledge areas and is not a requirement for each applicant.

5.5 Examination Sequence

The Educational Testing Service schedules the School Leaders Licensure Assessment at sites across Maine and the nation. The applicant registers for the examination directly with the Educational Testing Service.

An applicant may retake the examination at scheduled examination sessions as often as allowed by the vendor’s retake policies to meet the requirements.

5.6 Qualifying Scores

The qualifying score on the School Leaders Licensure Assessment (code 6012) for individuals seeking an administrator certificate other than a superintendent or assistant superintendent certificate is 163.

5.7 Individuals with Disabilities

Individuals with disabilities that prevent them from taking the examination under standard conditions may request special accommodations directly through the Educational Testing Service. The documentation requirements and accommodation request procedures are described in the registration bulletin for the specific examination.

13.6 CERTIFICATION RECORDS

6.1 Records

The score on the teacher qualifying examination shall become part of the teacher’s certification records. Only the final qualifying score will be retained in the applicant’s record.

6.2 Confidentiality

Confidentiality of certification records shall be governed by the provisions of Title 20-A, Section 13004.

History

• STATUTORY AUTHORITY 20-A M.R.S.A. §§ 13031-13038 and 13035-A
• EFFECTIVE DATE: August 5, 1985 – filing 85-270
• AMENDED: (March 30, 1988 Amendments): July 1, 1988
• AMENDED: (November 15, 1989 Amendments): February 6, 1990
• AMENDED: (December 14, 1994 Amendments): February 21, 1995
• AMENDED: April 27, 1996
• EFFECTIVE DATE (ELECTRONIC CONVERSION): May 19, 1996
• AMENDED: (November 15, 2000 Amendments): December 6, 2000
• NON-SUBSTANTIVE CORRECTIONS: January 1, 2001 - spelling and formatting only
• EFFECTIVE DATE: September 1, 2004 - filing 2004-270
• NON-SUBSTANTIVE CORRECTIONS: September 1, 2004 - elimination of stray underlines and strikeouts
• AMENDED: August 1, 2005 – filing 2005-300
• AMENDED: April 23, 2006 – added Section 13.3(10), filing 2006-145
• AMENDED: June 23, 2007 – filing 2007-245
• AMENDED: November 23, 2009 – filing 2008-541
• AMENDED: June 15, 2010 – filing 2010-230
• AMENDED: October 23, 2011 – filing 2011-369
• AMENDED: August 27, 2012 – filing 2012-236
• AMENDED: July 31, 2013 – filing 2013-183
• AMENDED: June 23, 2015 – filing 2015-115
• AMENDED: August 20, 2018 – filing 2018-148
• CORRECTION: April 5, 2022 – page 4 in two rows 300 for PRAXIS II Test Code, Secondary Mathematics and Middle Mathematics, changed to 5165 and 5164

Chapter 14 Education of Homeless Students

Code Me. R. 05-071 Ch. 14 Education of Homeless Students {#sec-05-071-ch.-14 omnilex-key=us-me-regs-official--dept-education-and-state-board-education--05-071 Ch. 14}

Summary: This chapter defines a homeless student, outlines procedures for identifying and enrolling homeless students and for resolving disputes over their identification and educational placement, and assures access to appropriate educational services for homeless students, consistent with the McKinney-Vento Homeless Assistance Act .

Section 1. Purpose

The purpose of this rule is to ensure that the rights of homeless students are protected in accordance with the McKinney-Vento Homeless Assistance Act by clearly defining the roles and responsibilities of the State and other covered entities.

Section 2. Definitions

Homeless student. A homeless student means a student eligible to attend preschool, elementary, or secondary school, pursuant to 20-A M.R.S. §5201, who:

Lacks a fixed, regular and adequate night-time residence; and

Includes:

Students who are sharing the housing of other persons due to loss of housing, economic hardship, or a similar reason; are living in motels, hotels, trailer parks, or camping grounds due to the lack of alternative adequate accommodations; are living in emergency or transitional shelters; or are abandoned in hospitals;

Students who have a primary night-time residence that is a public or private place not designated for or ordinarily used as a regular sleeping accommodation for human beings;

Students who are living in cars, parks, public spaces, abandoned buildings, substandard housing, bus or train stations, or similar settings; and

Migratory students who are living in circumstances described in (1) through (3).

Unaccompanied homeless student. An unaccompanied homeless student is a homeless student, as defined in subsection 1 above, who is not in the physical custody of a parent or guardian.

School of origin. The school of origin means the school that a student attended when permanently housed or the school in which the student was last enrolled, including a preschool. When a student completes the final grade level served by the school of origin, the term shall include all receiving schools at the next grade level that students in the school administrative unit of origin may attend.

School administrative unit of origin. The school administrative unit of origin means the school administrative unit that operates the school of origin or is otherwise responsible for funding the educational placement of the student in the school of origin.

School of current residence. The school of current residence means the school or schools that non-homeless students are eligible to attend in the attendance area where a homeless student is residing.

School administrative unit of current residence. The school administrative unit of current residence means the administrative unit which operates the school of current residence or is otherwise responsible for funding the educational placement of students in the attendance area where a homeless student is residing.

Enrollment. The term ‘enrollment includes registration, attending classes, and participating fully in school activities.

SECTION 3. COVERED ENTITIES

This rule applies to the following covered entities:

School administrative units, as defined in Title 20-A §1(26);

Education in the Unorganized Territories;

Maine Indian Education;

The Maine Educational Center for the Deaf and Hard of Hearing;

Public magnet schools, including the Maine School of Science and Mathematics;

The Child Development Services State Intermediate Educational Unit regional sites.

SECTION 4. OBLIGATIONS OF COVERED ENTITIES

Appointment and Support of a Local Homeless Education Liaison

A covered entity must appoint and support a local homeless education liaison. The liaison must attend training provided by the Department of Education. The liaison is responsible for ensuring that:

homeless students are identified by school personnel through outreach and coordination with other entities and agencies;

there is an established process for routine communication with all career and technology education (CTE) centers and regions, other regional and out of district entities, special purpose private schools, and private schools that receive public funds to serve students enrolled through the covered entity so that students attending such programs are promptly and equally identified;

homeless students are enrolled in, and have an equal opportunity to succeed in, schools in the covered entity;

homeless students and their families have access to and receive educational services for which such students and families are eligible, including Career and Technical Education programs, Head Start programs, early intervention services under Part C of the Individuals with Disabilities Education Act (IDEA), and other public preschool programs;

homeless students and their families receive referrals to health care services, dental services, mental health and substance abuse services, housing services, and other appropriate services;

parents or guardians of homeless students are informed of the educational and related opportunities available to their children and are provided with meaningful opportunities to participate in the education of their children;

public notice of the educational rights of homeless students is disseminated in locations frequented by parents or guardians of such students and unaccompanied homeless students;

disputes over identification and enrollment are resolved using the local dispute resolution process described in subsection 8 below;

parents or guardians of homeless students and unaccompanied homeless students are informed of the availability of transportation services and are assisted in accessing transportation to the school the student will attend; and

J. school personnel in the unit receive appropriate training such that they are aware of laws, policies, and practices pertaining to the education of homeless students.

Inform all families of the rights of homeless students

A covered entity must provide written notice to all parents, guardians, and unaccompanied youth regarding the choice of schools available to youth who meet the definition of homeless, the right to comparable services, full participation, transportation, school meals, and the right to be served in school without stigma or separation. Notice must include contact information for the local liaison, described below, and for the State Coordinator for Homeless Education. Notice must be presented at the time any child or youth seeks enrollment in the covered entity and be widely available throughout the school year.

Identification of Homeless Students

Covered entities must have processes in place to identify students who meet the definition of homeless student, as set forth in Section 1.1, and must maintain records of all students identified as homeless.

If a dispute arises over eligibility, any covered entity that refuses to identify a student as a homeless student, must provide the parent, guardian or (in the case of an unaccompanied homeless student) the student with a clear, understandable written explanation of the reasons for its determination, including information regarding the right to appeal.

In the case of a dispute over eligibility, a covered entity must treat a student as if they are eligible, including making a determination of the student’s best interest and ensuring that the student is enrolled in accordance with subsection 3 below, pending final resolution of the dispute (including all available appeals).

School Stability and Determination of Student’s Best Interest

The school administrative unit or other covered entity that operates or is otherwise responsible for funding the student’s attendance at his or her school of origin shall, according to the student’s best interest:

Continue the student’s education in the school of origin for the duration of homelessness in any case in which a family becomes homeless between academic years or during an academic year and for the remainder of the academic year, if the student becomes permanently housed during an academic year; or

Ensure that the student is enrolled in a school operated by the school administrative unit of current residence, including providing the student’s education records to the school administrative unit of current residence.

Exception: The school administrative unit of current residence, rather than the school administrative unit of origin, may carry out the responsibilities designated in Paragraph 4A at the request of the parent, guardian, or unaccompanied youth or if the school unit of residence is unable to obtain a prompt response to its request for a determination by the SAU of origin.

In determining the best interest of the homeless student, the covered entity described subsection A above must:

Initially presume that keeping the student in the school of origin is in the student’s best interest except when doing so is contrary to the request of the parent or guardian or (in the case of an unaccompanied homeless student) the student;

Consider student-centered factors related to the student’s best interest, including factors related to the impact of mobility on achievement, education, health and safety of homeless students, giving priority to the request of the student’s parent or guardian, or the unaccompanied student;

Consider the views of the school administrative unit of current residence;

If the determination is that it is not in the student’s best interest to attend the school of origin or the school requested by the parent, guardian, or unaccompanied student, provide the parent, guardian or unaccompanied youth a clear, understandable written explanation of the reasons for its determination, including information regarding the right to appeal; and

In the case of an unaccompanied student, ensure that the local homeless education liaison assists in placement or enrollment decisions, gives priority to the view of the unaccompanied student, and provides notice to the student of the right to appeal.

In the case of a dispute over enrollment, ensure that the student in enrolled in the school that the parent, guardian or unaccompanied student has selected pending final resolution of the dispute (including all available appeals).

Enrollment

Covered entities are responsible for eliminating barriers to the immediate enrollment of students who are determined to be homeless, even if the student is unable to produce records normally required for enrollment or if an application or enrollment deadline has been missed during a period of homelessness. The entity must assist students and families to obtain needed records, but may not delay enrollment due to their absence. The determination of eligibility and/or best interest may be reconsidered in light of documentation that becomes available after enrollment.

Covered entities must ensure that homeless students are fully able to participate in school activities and may not prevent unaccompanied homeless students from participation in school activities based on the lack of a parent or guardian to sign school forms such as a permission slip or release.

Confidentiality and Privacy

The identification of a student as homeless is part of that student’s education record and is therefore subject to the provisions of FERPA and 20-A M.R.S. §6001. Information regarding a student’s living situation is personally identifiable information that cannot constitute directory information and can only be disclosed with prior written consent, except where FERPA provides a specific exception, such as a disclosure to school officials with legitimate educational interests, for transfer or enrollment purposes, to appropriate parties in connection with a student’s financial aid application, or to appropriate health, safety, monitoring, and judicial authorities under conditions set forth in FERPA.

Covered entities should establish communications practices to protect the privacy of homeless students and their families out of an appreciation for the fact that homeless students and their families are often victims of domestic violence and other safety issues that make inappropriate release of personally identifying information especially problematic.

Access to comparable services

Homeless students, regardless of where they are enrolled, must have access to all specialized services for which they are eligible and full access to all programs and services comparable to those that are available to non-homeless students attending the school. This includes, but is not limited to: school choice options, before and after school programs, special education, transportation, support services, supplemental and enrichment programming, and programs designed to increase college readiness. Homeless students are immediately eligible for the school’s free lunch program and federal Title IA programs, even if the school in which they are enrolled is not a Title I school.

Transportation

If requested by a parent, guardian, or unaccompanied youth, homeless students must be provided with daily transportation to and from school, regardless of whether non-homeless students in the school are eligible for transportation services. If the homeless student continues to live in the geographic area where the school of origin is located, the school administrative unit of origin is responsible for providing transportation to the school of origin. If the student is attending the school of origin but not residing in the geographic area where the school of origin is located, the school administrative units of origin and current residence should collaborate in order provide the safest, most appropriate and efficient use of transportation resources.

If the school administrative unit provides transportation to its students for other academic and/or other supplemental activities, comparable transportation services must also be made available to homeless students. In cases where a lack of transportation poses a barrier to a homeless student’s full participation in school programs for which he or she is eligible or which are deemed critical for the student’s success, the school unit must provide the needed transportation services.

When providing transportation for homeless students, schools are expected to employ the same safety standards that are used in the regular transportation program.

Local dispute resolution

Covered entities must have a clear written procedure for resolving eligibility and enrollment disputes between the school administrative unit and the parent/guardian of a homeless student (or, in the case of an unaccompanied youth, the student him or herself). The State Homeless Education Coordinator will provide a model local dispute resolution procedure on the Department’s website that covered entities may use to devise their own processes. Parents, guardians, and unaccompanied students must be informed of the local process. Should an unaccompanied homeless youth, or a parent/guardian of a homeless student wish to dispute the school’s eligibility decision or the school’s determination of best interest, they are to be referred to the local liaison for the unit of origin. The liaison is responsible for assisting students and families through the local dispute resolution process and through a state level appeal if that is requested. Covered entities must maintain records of dispute resolution actions at the local level and convey those records to the Department of Education’s State Homeless Education Coordinator if a state level appeal is sought. During the local dispute resolution process, students must be treated as if they are eligible, and enrolled in the school that the parent, guardian, or unaccompanied student selects.

SECTION 5. STUDENTS WITH DISABILITIES

The determination of the best interest of a homeless student with a disability must be made in accordance with the provisions of Section 4.3 above. In addition, the school administrative unit of origin or other covered entity must: consider information about the student’s disability in the determination of best interest, expedite the conveyance of special education records to the school that the student will be attending, and collaborate fully with the special education program of any school outside of the school administrative unit that a homeless student may attend.

If the homeless student remains in the school of origin, the school administrative unit of origin remains responsible for the provision of FAPE to the student even if the school of origin is not located in the school administrative unit of origin ( e.g. the student is attending an out-of-district day placement or an out-of-district residential placement).

If the homeless student is going to attend the school of current residence, the school administrative unit of current resident must follow the regulatory requirements applicable to a student who transfers from one school administrative unit to another by immediately providing comparable services to those contained in the student’s IEP pending review by the student’s IEP Team. A surrogate parent must be appointed for an unaccompanied homeless student with a disability prior to any IEP Team meeting about the student.

SECTION 6. FISCAL RESPONSIBILITIES

If a homeless student remains in his or her school of origin, the school administrative unit of origin retains fiscal responsibility for the education of the student, including any tuition paid to the school of origin.

If a homeless student attends the school of current residence, the school administrative unit of current residence becomes fiscally responsible for the education of the student, including any tuition paid to the school of current residence.

In a situation where both the school administrative unit of origin and the school administrative unit of current residence would allow the homeless student to continue to attend the school of origin ( e.g. , both units send their students to the same school or both units offer “choice” to students), and it is determined to be in the best interest of the student to remain in his or her school of origin, the school administrative unit of origin will retain fiscal responsibility for the student. If it is determined to be in the best interest of the student to attend a different school that is available to non-homeless students in the school unit of current residence, then the school unit of current residence becomes fiscally responsible for the education of the student.

In cases where a homeless student remains in the school of origin but resides outside of the geographic area served by the school administrative unit of origin, and the parent, guardian or homeless student requests transportation to and from school, the superintendents of the school administrative unit of origin and the school administrative unit of residence must determine how to distribute the cost of transportation between them. In the absence of such an agreement, transportation costs must be shared equally.

SECTION 7. STATE LEVEL DISPUTE RESOLUTION PROCESS

If a parent or guardian of a homeless student or an unaccompanied homeless student disagrees with either the school administrative unit of origin’s or the school administrative unit of current residence’s determination of eligibility or best interest and remains in disagreement after completing all steps of the local dispute resolution process, the local decision may be appealed to the State Department of Education.

The Department will make forms and instructions for the state level appeal process available on its public website. The local liaison must assist the parent, guardian, or unaccompanied homeless student in assembling the appeal packet and assure that it is sent to and received by the State Homeless Education Coordinator. The appeal packet must include the school administrative unit’s original letter of determination, all documentation related to the local dispute resolution process, and the State dispute resolution appeal form.

Initial State Review: Upon receipt of the packet, the State Homeless Education Coordinator will review the materials provided, request any additional information deemed necessary to make his or her determination, and document all additional information received in response to the request(s). Within ten (10) working days of receipt of the appeal packet, the Coordinator will provide written findings and a determination to the disputant and the school administrative unit(s). If all parties are satisfied with the resolution provided by the Coordinator, this finding will constitute the final resolution.

Final Review by the Commissioner: If any party remains dissatisfied with the determination of the Coordinator, a final appeal may be made to the Commissioner of Education. That party has seven (7) working days to inform the Coordinator in writing of their appeal to the Commissioner. The Coordinator will provide the parties no less than ten (10) working days to respond in writing to the proposed determination, and will convey the original appeal packet, the proposed determination, and any timely written responses to the Commissioner. At the Commissioner’s request, a hearing may be held to clarify issues related to the dispute. In any case, the Commissioner will issue a decision within twenty (20) working days of receiving the appeal. The Commissioner’s decision is final.

In situations where the school unit of origin and the school unit of residence are in disagreement over a determination of eligibility or best interest, either unit may request informal assistance from the State Homeless Education Coordinator. Should the dispute persist after such consultation, either district may initiate the state level dispute resolution process described above. The parent, guardian or homeless student must receive copies of all documents sent to the Department with respect to the dispute, and must be given the opportunity to submit their own statement and/or documents with respect to the dispute. The local liaison must assist the parent, guardian or homeless student in assembling any statement or documents they wish to submit and ensuring that they are sent to and received by the State Homeless Education Coordinator. In any situation where the school units of origin and residence are in disagreement, the student must be immediately enrolled and receiving services in the school chosen by the parent, guardian, or unaccompanied youth until the dispute resolution process is concluded.

History

• STATUTORY AUTHORITY: 20-A MRS §§ 261, 5205(7)
• EFFECTIVE DATE: September 18, 1992 as “Regulations Regarding School Board Policies on Exceptions to the General Residency Rules, and Education of Homeless Students. Education Access for Homeless Students”, filing 92-356
• EFFECTIVE DATE (ELECTRONIC CONVERSION): May 19, 1996
• REPEALED AND REPLACED: May 9, 2018 as “Education of Homeless Students”, filing 2018-074
• REPEALED AND REPLACED: APAO WORD VERSION CONVERSION (IF NEEDED) AND ACCESSIBILITY CHECK: July 15, 2025

Chapter 18 Licensure of Residential Child Care Facilities (Joint rule with 10-148 and 14-193)

Code Me. R. 05-071 Ch. 18 Rules for the Licensure of Residential Child Care Facilities {#sec-05-071-ch.-18 omnilex-key=us-me-regs-official--dept-education-and-state-board-education--05-071 Ch. 18}

1. INTRODUCTION

A. Foreword

B. Legal Base

C. Rules Format

D. Interagency and Interdepartmental Coordination

2. DEFINITIONS

3. WAIVERS

4. REQUIREMENTS FOR LICENSURE

A. Organization

(1) Statement of Ownership

(2) Responsibilities of the Governing Body

(3) Organization of the Governing Body

(4) Administrative Organization

(5) Business and Fiscal Management

(6) Insurance Coverage

(7) Rights of Privacy and Confidentiality

(8) Release of Information and Disposal

(9) Representatives at Hearings

B. Administrative Policies and Plans

(1) Program Evaluation

(2) Child Abuse

(3) Group Management

(4) Child Management

(5) Grievances

(6) Family Involvement

(7) Communication

(8) Community Interactions

C. Program and Services

(1) Statement of Purpose

(2) Program Description

(3) Daily Routine

(4) Educational and Vocational Service

(5) Work and Employment

(6) Recreation

(7) Religion

(8) Health Care

D. Personnel

(1) Personnel Policies

(2) Job Descriptions

(3) Volunteers

(4) Student

(5) Staff: Child Ratio

(6) Personnel Qualifications and Responsibilities

(7) Staff Recruitment

(8) Personnel Files

(9) Staff, Volunteer and Student Orientation and Training

(10) Staff Supervision

(11) Staff Evaluation

(12) Staff Communications

E. Admission and Discharge

(1) Referral Process

(2) Admission

(3) Admission Procedures

(4) General Record Keeping

(5) Placement Agreement

(6) Service

(7) Aversives and Other Special Situation Therapies

(8) Termination Procedures

(9) Unauthorized Absences

F. Environment and Safety

(1) Location and Floor Plan

(2) Other Jurisdictional Approvals or Certifications

(3) Building Exterior and Grounds

(4) Interior

(5) Nutrition

(6) Personal Care and Hygiene

(7) Personal Possessions

(8) General Safety

(9) Transportation

5. STATUTORY MD ADMINISTRATIVE

A. Application/Reapplication for Licensure

(1) Application

(2) Renewal of License

(3) Change of Ownership or Location

(4) Role of the Department

B. Terms and Types of Licenses,

(1) Provisional License

(2) Full License

(3) Conditional License

C. Sanctions and Corrective Actions

(1) Options Available to the Department

(2) Facility's Appeal Procedures,

(3) Reapplication Following Adverse Actions

6. SPECIAL MODULE RULES

A. Education Rules

B. Substance Abuse Treatment Rules

C. Mental Health Treatment Rules

ACKNOWLEDGMENTS

The Interagency Licensing Team would like to thank those many people whose expertise in the field of residential child care has made these rules possible.

First and foremost: To the currently licensed facilities, both staff and administration, whose professional dedication to quality child care creates an atmosphere which supports these rules; To Artha Freebury for her tireless efforts, sense of balance and expertise in the field of regulatory administration;

To those in the various state departments who have aided in multiple and diverse ways; and

To the children in care who constantly remind us of the real reason we have all worked so hard together.

1. INTRODUCTION

A. Foreword

These rules are based on the values and level of child care practice that are generally accepted as basic and necessary for any child who must be placed outside their own home and on the belief that every aspect of a residential facility's operation affects the children in its care. The funding source of the facility, the statutory basis or authority for the facility's existence, the nature of the administrative structure, the philosophical principles of the facility, or the degree of specialization of the program should not affect a facility's provision for these basic needs.

It is not the intent of these rules to create uniformity among the facilities. Children in the care of residential facilities have many and diverse needs. In order to respond effectively to these needs, there must be a wide range of programs, settings and services.

These rules allow for a broad variance in practice. At the same time they outline the basic elements necessary for all residential facilities. These rules are designed to assure that a facility which meets all of these requirements, will: (1) provide a safe and healthy environment for residents; (2) review children's needs for services and care on a regular, although limited, basis to prevent children from becoming "lost" in the system; and (3) provide or arrange for services identified as necessary for the children accepted into the facility's care.

B. Legal Base

While the departments are required by statute to coordinate their licensing procedures along with utilizing a common set of rules, each department retains its full authority and responsibility for assuring that a residential child care facility is licensed in compliance with laws pertaining to that department. In addition, licensure under these rules does not exempt any agency or facility from further responsibilities for compliance with other applicable laws, consent decrees, purchase of service agreements or contracts which may be more restrictive.

These rules are adopted in accordance with 22 MRSA §8101 et seq. and in conformity with 5 MRSA §8001 et seq. In accordance with 22 MRSA §8104, requiring establishment of a method for appropriate and timely review and revision of these rules by the departments responsible for their implementation, the departments shall conduct such review and revision from all licensees and concerned governmental agencies. These recommendations shall be given full consideration, along with other submitted recommendations, in proposed revisions.

(1) Repeal of Previous Rules and Regulations. All previous rules and regulations governing the licensing of residential child care facilities in the State of Maine are hereby repealed.

(2) Severance Clause. The provisions of these rules are severable. If any provision of the rules is invalid, or if the application of the rules to any person or circumstances is invalid, such invalidity shall not effect other provisions or applications which can be given effect without the invalid provision or application.

(3) Effective Date. These rules governing the licensing of Residential Child Care Facilities for children shall become effective March 15, 1989.

C. Rules Format

(1) Core Rules. The goal of these rules is to establish a core set of requirements which are adaptable to a wide range of residential care. These rules:

• Reduce the licensing authority's arbitrariness in enforcement;

• Provide a knowledge base for a new provider or an existing provider wishing to improve the quality of service;

• Provide predictability for the facility being licensed;

• Provide a base for the purchase of service in developing program evaluation (quality assurance) standards.

(2) Special Module Rules. To facilitate coordination of licensing responsibilities among the departments, special services provided to specific populations at residential facilities are addressed through the use of separate modules. These modules are designed to be applied, where appropriate, either singularly or jointly based on a facility's program.

a. Education Rules. For those facilities directly providing an educational program, a separate module specifically directed toward educational services as well as these core rules shall be complied with in order to be licensed as a residential child care facility.

b. Substance Abuse Treatment Rules. For those facilities directly providing a substance abuse treatment program, a separate module specifically directed toward substance abuse treatment as well as these core rules shall be complied with in order to be licensed as a residential child care facility.

c* Mental Health Treatment Rules. For those facilities directly providing a mental health treatment program, a separate module specifically directed toward mental health treatment as well as these core rules shall be complied with in order to be licensed as a residential child care facility.

D. Interagency and Interdepartmental Coordination

The departments recognize the burden imposed by the practice of requiring the same or similar supportive documents for licensing that may be required for contracting purposes. The departments will internally store the documents and will not require the facility to provide duplicate copies.

The departments' licensing authorities will share any document provided by the facility in fulfillment of a requirement within these rules including special module rules. When appropriate, licensing site studies, information sharing, monitoring visitations, and reviews will be coordinated and conducted as a team by representatives of the departments.

2. DEFINITIONS

A. For the purposes of these rules the meaning of all adjectives and adverbs such as adequate, competent, substantial, qualified, necessary, reasonable, satisfactory, sufficient, effective, appropriate or suitable used to qualify a persons policy, procedure, equipment or building shall be determined by the licensing authority.

B. As used in these rules, the following words shall have the following meanings unless the context requires otherwise.

Advisory Board. An association of persons which makes recommendations regarding the policies and procedures of a residential facility to the governing body of that facility but having no proprietary interest in the facility or actual managerial or administrative authority.

Approval. (See definition of License.)

Bedroom. A distinct space used as a sleeping area for children. A dormitory-style bedroom may be broken into several bedroom spaces using partitions. Closets, alcoves and corridors or any other room which is normally used for other than sleeping is not considered to be a bedroom.

Blood Relatives. Natural or adoptive mother, father., brother, sister, grandparent, uncle, aunt, niece, nephew, first cousin.

Board of Directors. An association of persons which has ultimate administrative and managerial control and is empowered to serve as the governing body of a residential facility. This board normally discharges its responsibilities by employing a chief executive officer and formulating policies for the facility's operations.

Chemical Restraint. The use of psychotropic agents as a form of restraint.

Child. Any person who has not attained the age of eighteen (18).

Children's Home. Any residence maintained exclusively or in part for the board and care of one or more children under the age of eighteen (18) by anyone other than a relative by blood, marriage or adoption and as further defined in 22 MRSA §8101 (1). Children's home shall not include a facility established primarily to provide medical care, a children's camp established solely for recreational and educational purposes, or a school established solely for educational purposes except as defined in "residential child care facility."

Department, The Department of Human Services, the Department of Mental Health and Mental Retardation and/or the Department of Education jointly or separately, as appropriate.

Discipline. A system of rules governing conduct which usually prescribe consequences for the violation of those particular rules.

Emergency Shelter. A children's home which operates to receive children twenty-four hours a day and which limits placement to thirty (30) consecutive days or less and as further defined in 22 MRSA 58101 (2). Emergency shelter shall not mean family foster home or specialized children's home and, if a service of a residential child care facility shall be restricted to a designated physical area of the facility.

Facility. Residential child care facility; any body licensed to provide residential child care; a body applying for licensure to provide residential child care.

Family Foster Home. A children's home that is a private dwelling where substitute parental care is provided within a family on a regular, twenty-four hours a day, residential basis. The total number of children in care may not exceed six (6) including the family's legal children under 16 years of age, with no more than two (2) of these children under the age of two.

Governing Body. A person or persons ultimately responsible for the operation of a facility. The governing body has authority over the policies and activities of a facility.

Guardian. A person or persons with an ongoing legal responsibility for caring for a child, including the biological or adoptive mother and/or father or a court-appointed guardian.

Immediate Family. Natural or adoptive mother and father, brother and sister. If extended family member(s) (e.g.* grandparent, aunt, uncle, cousin, nephew, niece) live in the same household, they may be considered as part of the immediate family.

Isolation. The removing of a child from a stimulus by use of involuntary separation and restricted activity. Isolation may mean restriction in an unlocked room with adequate supervision but shall not mean confinement in a locked room.

License. Written permission, whether provisional, conditional or full, issued by the department which authorizes the licensee to operate a residential child care facility.

Licensing Authority. The unit(s) or person(s) authorized by the department to issue licenses or approvals under these rules.

Living Unit. Any specific grouping of children who are assigned to a distinct and common physical space within the total residential facility and who share that space.

Mechanical Restraint. The restriction by mechanical means of a child's mobility and/or ability to use his/her hands, arms or legs except when such restriction is primarily for the treatment of physical injury.

Parent(s). The biological or adoptive mother and father.

Passive Physical Restraint. The least amount of direct physical contact required on the part of a staff member to prevent a child from hurting himself/herself or others; approved methods of making such physical contact.

Person. Any individual, partnership, corporation, association, organization or trust.

Placing Agency. Any individual, agency or organization, either publicly or privately operated, legally authorized to place a child into the care of a children's home.

Principal Owner, Any person holding a greater than 7% financial interest in the facility.

Relatives by Marriage. A step-brother, step-sister, step-father, step-mother, or step-grandparent, a spouse of a natural aunt or uncle.

Residential Child Care Facility. Any children's home which provides board and care for one or more children on a regular, twenty-four hour a day residential basis and as further defined in 22 MRSA {8101 (4). A residential child care facility shall not mean family foster home, specialized children's home or an emergency shelter facility.

Rules. The Rules for the Licensure of Residential Child Care Facilities, in whole or in part.

Service Plan. A comprehensive time-limited, goal-oriented, individualized plan for the care, treatment and education of a child in care of a residential facility. The service plan is based on a current comprehensive evaluation of the child's needs.

Specialized Children's Home. A children's home where care is provided to no more than four (4) moderately to severely handicapped children by a caretaker who is specifically educated and trained to provide for the particular needs of each child placed. The total number of children in a specialized children's home may not exceed four (4), including the caretaker's legal children under sixteen years of age, with no more than two (2) children under the age of two.

3. WAIVERS. The department may, upon written request, waive a particular rule. The facility shall provide clear and convincing evidence, including, at the request of the department, expert opinion, which demonstrates to the satisfaction of the department that the facility's alternative method will comply with the intent of the rule.

A. The following rules, however, shall not be subject to waiver:

(1) Statement of Ownership 4.A.1.

(2) Administrative Organization 4.A.4.

(3) Financial Plan 4.A.5.b.

(4) Statement of Purpose 4.C.1.

(5) Program Description 4.C.2.

(6) Educational and Vocational Services 4.C.4.

(7) Evidence of Access to. Emergency Medical and Mental Health Services

(8) Staff, Volunteer and Student Orientation Plan 4.D.9.A.

(9) Staff Training Plan 4.D.9.c.

(10) Clinical Consultant 4.E.6.c.

(11) Location and Floor Plan 4.F.1.

(12) Lead Poisoning 4.F.2.b.

(13) Life Safety 4.F.2.c.

(14) Water Supply 4.F.2.d.

(15) Emergency Procedures 4.F.8.a.

B. Upon request, the department shall provide a form to be used by the facility to submit a request for waiver of a particular regulation. All requests shall be answered in writing and a record of them maintained.

C. A waiver shall be granted for a specific period not to exceed the period of the license.

D. Violation of the waiver shall be enforceable as rule and subject to actions described in "Sanctions and Corrective Actions". (5.C.1.)

4. REQUIREMENTS FOR LICENSURE

NTE: Rules preceded by an asterisk require submission of documentation for initial licensure. This documentation will be maintained by the licensing authority for use in licensing reviews as evidence of continued compliance with those requirements. Changes in such documentation shall be provided to the licensing authority in accordance with 4.A.2.k.

A. Organization

(1*). Statement of Ownership. (Non-waiverable) The facility shall submit documentary evidence of its sources of authority to operate a facility. The facility shall have documents which fully identify the names and addresses of its principal owners. A corporation, partnership or association shall identify the names and addresses of its officers and directors and shall provides, where applicable, the charter, partnership agreement, constitution, articles of association and by-laws.

(2) Responsibilities of the Governing Body. The facility shall have a governing body which shall meet at least quarterly and which shall be responsible for and have authority over the policies and activities of the facility. The governing body shall:

a. Ensure the facility's continual compliance and conformity with the provisions of the facility's charter;

b. Ensure the facility's continual compliance and conformity with all relevant laws and regulations, whether federal, state or local, governing the operation of the facility;

c. Ensure that the facility is adequately funded and fiscally sound and shall:

i. Review and approve the facility's annual budget;

ii. Provide for the review and approval of an annual report to be completed by an independent auditor;

d. House, maintain, staff and equip the facility in such a manner as to implement the program;

e. Designate a person to act as chief administrative officer of the facility and delegate sufficient authority to such person to manage the facility;

f. Formulate and annually review written policies required by these rules in consultation with the chief administrative officer;

g. Complete an annual written evaluation of the performance of the chief administrative officer to ensure that the officer's conduct of the facility's business conforms with its charter, all relevant laws and regulations, and the policies defined by the governing body;

h. Meet with representatives of the licensing authority whenever required to do so;

i. Maintain minutes of all meetings of the governing body;

j. Provide prior written notification to the licensing authority of any proposed change in location, name or ownership of the facility;

k. Provide written notification upon any change of chief administrator of the facility and notice of intent prior to any substantial change in policy, staff or service within a time which is reasonable to permit the licensing authority to take any steps to determine whether any change in licensing status is necessary;

l. Report in writing any legal proceedings brought against the facility or against any employee within two weeks after the facility receives notification of such proceedings. Such notification is required only if the proceedings arise out of circumstances related to the care of children or to agreements related to the care of children or to continued operation of the facility;

m. Make available to the licensing authority any policy or records which are required by these rules or are reasonably related to the assessment of compliance with these rules.

(3) Organization of the Governing Body.

a. The governing body shall be organized and composed in such a manner as to adequately discharge its defined responsibilities.

b. No employee, or member of the immediate family of an employee assigned responsibilities associated with the licensing, purchase of service or contracting functions of any public agency which purchases the services or regulates the facility shall be a member of the governing body.

c. Non-Profit Organization.

i. A non-profit facility shall have a board of directors and shall maintain a list of the membership of its board of directors indicating the name, address, position and the term of office for each officer.

ii. If a paid staff person or the chief administrative officer of the facility serve as a member of the governing body they shall not have a controlling or determining vote and shall not vote on matters of self-interest.

d. For-Profit Organization. A for-profit organization shall have the governing body of the facility served by an advisory board. The appointment of the advisory board shall be done by the governing body from among persons knowledgeable in children's care and shall not include relatives of members of the governing body and/or employees of the facility or of the members of the governing body.

i. The facility shall maintain a list of the members of the advisory board which shall indicate the name, address and term of membership.

ii. The advisory board shall:

(a) Keep informed of the operational policies and practices of the facility;

(b) Provide advice to the governing body on matters affecting the care of and services to children;

(c) Periodically review aspects of the operation of the facility;

(d) Meet at least quarterly;

(e) Maintain records of attendance and minutes of its meetings which shall be available to the licensing authority.

iii. In the event of a serious disagreement between the governing body and the advisory board, the advisory board shall report to the licensing authority clearly outlining in writing the nature of the disagreement and their recommendations.

(*4) Administrative Organization. (Non-waiverable) The facility shall submit an organizational table and/or written description showing complete information 'on the facility's lines of authority and communications staff responsibility and assignment.

a. Role of the Administrative Officer. The chief administrative officer shall:

i. Manage the affairs of the facility in accordance with policies established by the governing body and these rules;

ii. Have direct and immediate access to health and medical services, food services and buildings and grounds maintenance services;

iii. Notify the licensing authority in the event of the death of a child in care;

iv. Notify the licensing authority in the event of fire, structural damage or other catastrophe which renders the facility unsafe, unusable or uninhabitable within a time which is reasonable to permit a determination of whether any change in licensing status is necessary;

v. Post any current license issued by the department in a clearly visible place within the facility.

b. Designated Administrator of Facility. When a residential child care facility is part of a larger organization which provides services other than those licensable under these rules there shall be a person designated to act in the role of the administrative officer as outlined above.

c. Availability of Administrative Officer. The chief administrative officer or designee shall be readily accessible to the staff of the facility and to the authorized representatives of the department as well as other appropriate governmental agencies at all times.

(5) Business and Fiscal Management.

a. The facility shall establish a system of business management and staffing to assure maintenance of complete and accurate accounts books and records as required by these regulations and in accordance with generally accepted accounting practice. When a residential child care facility is part of a larger organization which provides other services, the residential child care facility shall have a written annual budget reflecting the actual total cost of such services.

b. Financial Plan. (Non-waiverable) The facility shall provide a written plan of financial capability projected for the licensing period and including:

i. A projected budget including income and expenses;

ii. A cash flow plan showing projected revenue, lines of credit and cash or liquid asset reserves sufficient to meet the facility's expenses over a three (3) month period;

iii. A list of all revenue sources and amounts of revenue anticipated from these sources, together with;

(a) Letters of commitment from the revenue sources or

(b) Evidence of contracts or agreements with the revenue source, and

(c) Any other evidence of financial viability.

c. The facility shall demonstrate fiscal accountability through regular recording of its finances and an annual external audit. This audit shall be made available to any agency from which the facility purchases services or which provides funds to the facility.

d. The facility shall not permit public funds to be paid or committed to be paid to any of the members of the governing body, administrative personnel, or members of the immediate families of members of governing body or administrative personnel or to any corporation or partners in a business enterprise in which any of these persons serve as an officer or employee or have any direct or indirect financial interest., unless the subcontracted services or goods involved are provided at a competitive cost or under terms favorable to the facility. The facility shall make written disclosure to the department of any financial transaction with the facility in which a member of the governing body, administrative personnel, or their immediate family is involved.

(6) Insurance Coverage.

a. Bonding. The facility shall maintain fidelity bonding in the amount equal to the maximum projected monthly cast flow within a fiscal year. All persons delegated the authority to sign checks or manage funds shall be bonded at the facility's expense.

b. Fire and Liability Insurance. The facility shall carry insurance covering' fire and personal injury liability as protection for children in care. Liability shall be for $300,000 aggregate minimum.

c. Vehicular Insurance. The facility shall ensure that any vehicle authorized for business use shall have insurance which covers liability. The facility shall ensure that any vehicle used to transport children has the following minimum amount of liability insurance:

i. Injury per person: $300,000

ii. Injury per accident: $500,000

iii. Property damage: $ 25,000

(7) Rights of Privacy and Confidentiality. The facility shall adopt written policies and procedures describing how the privacy of children in care and confidentiality of children's case records will be protected against loss, tampering or unauthorized use. The description shall include policy regarding:

a. The photographing and audio or audio-visual recordings of children in care which ensures the dignity and confidentiality of the child and is authorized by the child's guardian;

b. The participation of children in data research;

c. The maintenance and security of records which specifies who shall supervise the maintenance of records, who shall have custody of records, and to whom records may be released; and

d. The arrangements for appropriate disposition of children's records in the event of the facility's closure.

(8) Release of Information and Disposal.

a. The facility shall obtain the written informed consent of the child, if appropriate to the child's capability, and the child's guardian prior to involving the child in any activity related to fund raising, research or publicity for the facility.

b. The facility shall maintain the confidentiality of all children's case records. Staff of the facility shall not disclose or knowingly permit the disclosure of any information concerning the child or the child's family to any unauthorized person.

i. Unless otherwise permitted by law the facility shall, prior to releasing confidential information about a child, obtain a written informed consent signed and dated by the child's guardian which shall include:

(a) Identification of the person or agency to whom the information is to be disclosed;

(b) Identification of the specific information to be disclosed;

(c) The reason for disclosure; and

(d) The expiration date of the consent,. not to exceed six (6) months from date of signature.

ii. The facility shall, upon request, make available information in the case record to the child, the child's parent or guardian and their respective legal counsel if the information does not contain:

(a) Material which violates the right of privacy of another individual; or

(b) Material that must be withheld from release according to other laws or by order of the court.

(c) Information that, in the professional judgment of the administration of the facility, would be damaging to a child, except as provided for under the federal guidelines on the Family Educational Rights and Privacy Act of 1974 and the Education of All Handicapped Children Act of 1975 (PL 94-142).

iii. The facility which, in the professional judgment of the administration of that facility, believes that information contained in the record would be damaging to the child may withhold that information except:

(a) When ordered by a court to disclose the information; or

(b) When required by federal or state laws to disclose the information.

c. The facility shall not use material from case records for teaching or research unless names are deleted and other identifying information is disguised or deleted.

d. The facility shall maintain the child's records for a period of not less than seven (7) years after the child attains the age of majority, unless specified otherwise in applicable state or federal laws. At that time the records may be disposed of in a manner which maintains the confidential nature of the material.

(9) Representatives at Hearings. The facility shall, when allowed by law, have a representative present at judicial, educational or administrative hearings which address the status of a child in care of the facility.

B. Administrative Policies and Plans

The facility shall submit written documentation of rules preceded by an asterisk (*).

(*1) Program Evaluation. The facility shall adopt a written plan for the annual evaluation of the facility's operation which shall cover:

a. General program effectiveness in relation to stated goals and community needs;

b. General staff effectiveness and staffing patterns;

c. Staff turnover rate;

d. Review of grievances and complaints;

e. Rationale for the grouping of children;

f. Emergency and safety procedures;

g. Frequency of unplanned discharges of children in care;

h. Periodic assessment and evaluation of treatment services.

(2) Child Abuse. The facility shall adopt written policy for handling both known instances of child abuse or neglect and situations in which there exists reasonable cause to suspect an incident of child abuse or neglect.

a. The facility shall assist mandatory reporters to comply with all applicable reporting procedures as required by law.

b When such abuse or neglect or suspected abuse or neglect occurs within the facility's program the facility shall:

i. Report the suspected incident to Child Protective Services of the Department of Human Services in accordance with 22 MRSA, §4011 and 4012 and cooperate fully in any subsequent investigation;

ii. Conduct an in-house investigation of the suspected incident following notification to Child Protective Services provided that the timing of such in-house investigation does not obstruct the exercise of law enforcement or Child Protective Services investigations;

iii. Ensure that the staff member involved does not work, directly with the child involved until the investigation is completed;

iv. Discipline any staff member for whom there is reasonable evidence of involvement in an incident of child abuse or neglect.

(*3) Group Management. The facility shall, if appropriate, adopt a written policy regarding the manner in which children are arranged into group living arrangements within the facility which shall:

a. Demonstrate that the arranging of children into such groups effectively addresses the needs of the children;

b. Reflect the need of all children for privacy and describe places children may use for periods of quiet and privacy;

c. Describe how children have an opportunity to build relationships within these groupings;

d. Describe patterns of staff assignment for supervision of the groups;

e. Describe how children are involved in decision making regarding the roles and routines of their living groups.

(4) Child Management.

a. The facility shall adopt a written policy describing the methods of child management relative to discipline and control used at the facility. It shall include:

i. Rules governing the conduct of children in care;

ii. Consequences for specific prohibited behaviors;

iii. Identification of any staff restrictions to authorize or to apply disciplinary measures;

iv. Procedures for a staff supervised resident-conducted child management groups, if used;

v. Description of the mechanism for ongoing monitoring of child management policies and procedures;

vi. Use of isolation procedures, if utilized, in accordance with the following:

(a) The facility shall use isolation procedures in accordance with written policies only. Isolation shall not be used for punitive purposes, convenience of staff or as a method of controlling minor misbehaviors.

(b) Other less restrictive response shall be considered prior to the use of isolation. These may include, but not be limited to, verbal discussion, counseling, voluntary time-out, etc.'

(c) Each incident involving the use of isolation shall be recorded and shall include at least the following:

(i) An assessment of the precipitating cause or reason for using isolation;

(ii) Documentation of the length of time isolation was used and documentation of each visual check on the child;

(iii) An explanation of less restrictive intervention tried prior to isolation or the reason why such preventions were not appropriate;

(iv) An assessment of the procedures benefit relative to treatment goals established for the child;

(v) Name(s) of the authorizing staff person(s) and staff involved.

(d) Each use of isolation procedures shall be authorized and monitored by supervisory staff.

(e) Any use of isolation procedures exceeding thirty (30) minutes in duration shall be approved by the chief administrative officer.

(f) Isolation procedures exceeding thirty (30) minutes in duration shall be visually monitored at intervals appropriate to the child's needs but not to exceed fifteen (15) minutes.

(g) Any use of isolation shall not exceed twenty-four (24) hours continuous duration.

(h) The facility shall not permit the seclusion of a child in a locked space.

b. The facility shall prohibit all punishments which are cruel, severe, unusual or subject a child to verbal abuses, ridicule or humiliation.

c. The facility shall be prohibited from any type of physical punishment inflicted in any manner upon the body.

d. The facility shall not administer psychotropic medications as means of punishment or disciplining a child.

e. The facility shall ensure that disciplinary measures are:

i. Administered as soon after the offensive behavior as possible;

ii. Reasonably related to the nature of the offense and are not excessive;

iii. Not delegated to persons who are not known to the child;

iv. Not administered by residents, volunteers or inadequately trained staff.

f. The facility shall allow the use of passive physical restraint only when one or more of the following exists:

i. Threat of ham inflicted on staff or residents;

ii. Threat of harm inflicted on self; or

iii. Excessive and continuous damage to property.

g. The facility shall not permit the use of any form of restraint other than passive physical restraint without the prior approval of the licensing authority.

(5) Grievances. The facility shall adopt written policies and procedures for children in care and their guardians covering the receipt, considerations, and resolution of complaints and grievances.

a. Children's grievance procedures shall be written in a clear and simple manner consistent with the age and ability of children in care to understand and shall allow children to make complaints without fear of retaliation.

b. Children's and guardian's grievance procedures shall provide for timely and impartial resolution of grievances and shall ensure adequate administrative consideration including the use of advocates, if appropriate.

(*6) Family Involvement. The facility shall adopt written policies of the facility's overall approach to family involvement which shall include procedures to assist the family of a child in care to:

a. Understand the policies of the facility;

b. Understand their continuing responsibilities to their child;

c. Adjust to the child's placement and separation;

d. Understand the child's response to placement and separation; and

e. Participate in service planning unless clinically contraindicated.

(*7) Communication. The facility shall adopt written policies regarding visiting and other forms of children's communication with family, friends and other persons important to the child. The policies shall encourage healthy family interaction, maximize the child's growth and development and protect children, staff and program from unreasonable intrusions in compliance with the following:

a. Overnight visits. The policy shall include procedures for overnight visits outside the facility including recording the child's location, duration of the visit, name and address of the person responsible for the child while absent from the facility, and the time of the child's return.

b. Mail. The facility shall not prohibit a child from receiving or sending mail.

c. Telephones. The facility shall provide a sufficient number of telephones (either pay or free) for the children's use and shall have policies for children's use of these telephones.

d. Family Communications. The facility shall make every possible effort to facilitate communication between a child in care and the child's parent(s) and/or guardian and shall provide opportunities for a child to visit with parent(s) or guardian and siblings.

i. The facility shall schedule or supervise visits in accordance with the child's service plan.

ii. The facility shall provide conditions of reasonable privacy for visits and telephone contacts between children and their families.

iii. The facility shall make visiting time available for families who are unable to visit during regularly established times.

e. Restriction on Communication. When the right of a child to communicate in any manner with a person outside the facility must be curtailed the facility shall:

i. Inform the child of the conditions of and reasons for restriction or termination of his right to communicate with the specified individuals as appropriate to the situation;

ii. Unless such explanation is contraindicated or is not feasible, inform the individuals with whom the restriction or termination of personal contact with the child has been made of the condition of and reason for that action;

iii. Place a written report summarizing the conditions of and reasons for restriction or termination of the child's contact with the specified individuals into the child's case record and inform the guardian of 'Such restrictions and the placement agency, if it maintains an ongoing case management function;

iv. Review this decision at least weekly;

v. Not prohibit a child's attorney, clergyman, advocate under 22 MRSA §3551-3558, or an authorized representative of the placing agency from visiting, corresponding with or telephoning the child.

*(8) Community Interactions. The facility shall adopt written policies and procedures which describe:

a. The relationship between the facility and the community;

b. Involvement of children in community activities;

c* Strategies for the optimum use of community resources.

C. Program and Services

The facility shall submit written documentation of rules preceded by an asterisk (*).

(*1) Statement of Purpose. (Non-waiverable) The facility shall adopt a written statement specifying its philosophy, purposes program orientation and describing both short and long term aims. The statement shall identify the types of services provided and the characteristics of the children to be served by the program.

(*2) Program Description. (Non-waiverable) The facility shall adopt a written program plan which describes services provided.

a. The plan shall make clear which services are provided directly and which will be provided in cooperation with community resources,

b If several programs are administered at different geographical sites, appropriate resources shall be identified for each site.

(3) Daily Routine. The facility shall make available a written plan of basic daily routines to all staff.

a. Daily routines shall not be allowed to conflict with the implementation of a child's service plan.

b. The plan shall be kept current and developed with the participation of the children in care.

(*4) Educational and Vocational Services. (Non-waiverable) The facility shall submit evidence of access to educational and vocational services and adopt a written description of its educational program. or its plan for ensuring that each child attends an appropriate educational program in accordance with state and local laws. The education plan shall describe any vocational or pre-vocational services and life skills training appropriate 'to the age and abilities of children in care. The facility shall:

a. Provide appropriate space and supervision for quiet study after school hours;

b. Provide that each child has access to necessary reference materials.

c. Establish routine communication between the direct service staff involved with the child in care and any educational program in which the child is placed;

d. Ensure that any vocational program used is approved by appropriate authorities.

(*5) Work and Employment. The facility shall submit evidence that any work-study program used complies with all state and federal child labor laws and that any child engaged in productive work at or outside of the facility is protected in accordance with State and Federal Child Labor Laws. The facility shall:

a. Ensure that any child who is not required to attend school is either gainfully employed or enrolled in a training program geared to the acquisition of suitable employment or necessary life skills;

b. Use work assignments only insofar as they provide a family experience for children and are not used as unpaid substitution for adult staff;

c* Assign work in accordance with the age and ability of the child and shall schedule work so as not to conflict with other activities in the child's service plan.

(*6) Recreation. The facility shall adopt a written plan for a range of indoor and outdoor recreational and leisure opportunities which are provided to children in care. The plan shall be based on:

a. The individual interests and needs of the children and the composition of the living unit;

b. Utilization of community recreational resources whenever appropriate.

(*7) Religion. The facility shall adopt a written description of its religious orientations particular religious practices that are observed, and any admission restrictions based on religion. The policy shall reflect the facility's consideration for and sensitivity to the racial, cultural, ethnic and religious backgrounds of children in care.

a. Children shall not be coerced to participate in religious activities.

b. The facility shall allow each child the opportunity to participate in religious activities and services in accordance with the child's own faith or that of the child's parent(s) or guardian.

c. Whenever feasible, the facility shall permit the child to attend religious activities and services in the community and, when necessary, shall arrange transportation.

d. The facility shall consult with the child's guardian in any change in religious affiliation made by the child while in care.

(8) Health Care.

a. General. The facility shall adopt a written plan for ensuring the availability and provision of a comprehensive program of preventive, routine and emergency medical, mental health and dental care for children which shall include:

i. Ongoing appraisal of the general health of each child;

ii. Provision of comprehensive health education and personal care and hygiene;

iii. Establishment of an ongoing immunization program;

iv. An ongoing relationship with a licensed physician, licensed mental health professional and dentist to advise the facility concerning medical, mental health and dental care;

v. Availability of a physician 24 hours a day, seven days a week; (non-waiverable)

vi. Access to psychiatric resources appropriate to the needs of the population; (non-waiverable)

vii. Access to the resources outlined in this plan;

viii. The use and administration of medication to children in care including procedures for:

(a) Obtaining prescriptions for medications;

(b) The administration of prescribed medications ensuring that only staff adequately instructed in the prescribed medication be involved in the administration of that medication;

(c) Documenting the administration of medication errors and drug reactions;

(d) Notification of the attending physician in cases of medication errors and drug reactions.

b. Health Care Services. Subject to the exception contained in Objections to Medical Treatment below, the facility shall provide or arrange health care services to children according to their needs and in accordance with these regulations.

i. Medical Care

(a) The facility shall ensure the provision of physical examinations for each child at the following intervals:

Age of Child Examination Frequency

Two (2) years - six (6) years Every two (2) years

Six (6) years and over Every three (3) years

(b) The facility shall ensure that children receive timely., competent medical care when they are ill and that they continue to receive necessary follow-up medical care.

ii. Dental Care

(a) The facility shall ensure that each child over three (3) years of age has a dental examination every six (6) months.

(b) The facility shall make diligent effort to ensure that a child receives any necessary dental work.

iii. Corrective Devices. The facility shall make diligent effort to ensure that a child who needs glasses, a hearing aids, a prosthetic device or a corrective device is provided with the necessary equipment or device.

c. Objections to Medical Treatment.

The facility shall not require a child in care to receive any medical treatment when the guardian or the child object to such treatment on the ground that it conflicts with the tenets and practices of a recognized church or religious denomination of which the guardian or child is an adherent. If the objection to medical treatment causes a threat of serious ham the facility shall refer the child's care to appropriate medical authorities or Child Protective Services.

d. Health Records. The facility shall maintain complete health records of a child including:

i. A past medical history, including, whenever possible:

(a) Allergies to medication;

(b) Immunization history;

(c) History of serious illnesses or injury and major surgery;

(d) Any, history of abuse and treatment for the abuse of medication or other chemicals;

(e) Developmental history;

(f) Medication history.

ii. Current use of prescribed medication;

iii. All immunizations provided;

iv. All medications provided;

v. All psychotropic medication reports including:

(a) Documentation of all less restrictive alternatives, either used or diagnostically eliminated prior to use of psychotropic medication;

(b) Monitoring reports which shall describe any significant changes in the child's appearance or behavior that may be related to the use of medication;

(c) Any medication errors.

vi. Any medical consents or releases;

vii. Visions physical and dental examinations;

viii. Any treatment provided for specific illnesses or medical emergencies.

e. Medications

i. Examination. The facility shall ensure that a child is personally examined by a physician prior to receiving a prescription for medication. In cases of medical emergency, the facility shall ensure that telephone orders for the administration of prescribed medication shall only be placed by a licensed physician.

ii. Medication Schedule. The facility shall have a written medication schedule for each child to whom prescribed medication is administered which shall contain:

(a) Name of child;

(b) Name of prescribing physician;

(c) Telephone number at which prescribing physician can be reached in case of medical emergency;

(d) Reason for prescribing medication;

(e) Date on which medication was prescribed;

(f) Generic and/or commercial name of medication;

(g) Dosage level and time of day when medication is to be administered;

(h) Chart showing the date, time, amount and signature of person administering each dosage of medication;

(i) Possible adverse side effects of prescribed medication;

(j) Date on which prescription will be reviewed.

iii. Copies Provided of Medication Schedule. The facility shall make available child's medication schedule to all staff members responsible for administering the medication to the child and from the child's record.

iv. Information Provided to Child and Guardian. The facility shall obtain, from the prescribing physician, information regarding the projected benefits and potential side effects of any prescribed medication and shall inform the child and the child's guardian.

*f. Psychotropic Medications Policy. The facility shall adopt written policies and procedures governing the use of psychotropic drugs if the facility uses such medication.

i. This policy shall include:

(a) Criteria for the use of psychotropic medications;

(b) Identification of doctors who prescribe psychotropic drugs to children in care and evidence of their qualifications;

(c) Identification of persons permitted to administer psychotropic drugs and evidence of their qualifications;

(d) Procedures for obtaining informed consent from the child and the child's guardian;

(e) Procedures for monitoring and reviewing the use of psychotropic medication including training of staff;

(f) Record keeping procedures;

(g) Procedures for reporting undesirable side effects.

ii. Use of Psychotropic Medication. The facility which uses psychotropic medications shall ensure that usage of medication is in accordance with the goals and objectives of the child's service plan and shall not use such medication unless less restrictive alternatives have either been tried and failed or are diagnostically eliminated.

(a) The facility shall obtain from the prescribing physician a written initial report detailing the reasons for prescribing the particular medication, expected results of the medication and alerting facility staff to potential side effects.

(b) The facility shall obtain from either the prescribing physician or another physician a written report on each child receiving such medication at least every 30 days, based on actual observation of the child and review of the daily monitoring reports. Each report shall detail the reasons medication is being continued, discontinued increased in dosage, decrease in dosage or changed.

(c) The facility shall monitor each child who receives medication on a daily basis. A staff member trained in the recognition of side effects of the medication prescribed shall complete this daily monitoring report.

(d) The facility shall record any medication errors and drug reactions and shall report such immediately to the physician who ordered the drug.

(e) The facility shall not subject a child 14 years of age or over to the administration of a psychotropic drug against the child's will unless such administration is permitted emergency pharmacological intervention.

iii. Psychotropic Medication Consents and Releases. Unless there is a court order to the contrary the facility shall ensure that the guardian of a child for whom medication is prescribed gives prior., informed, written consent to the use of that medication at a particular level of dosage.

(a) When a child is 14 years of age or over, the facility shall also obtain prior, informed, written consent from the child except when the child lacks the capacity for informed consent.

(b) Either the child or the child's guardian shall have the right to revoke consent at any time. When consent is revoked the facility:

(i) Shall cease administration of the medication immediately;

(ii) Shall inform the prescribing physician;

(iii) Shall inform the child's guardian if revoked by the child;

(iv) Shall immediately note in the child's record the date and times, the name of the person administering the medication and the child's stated reason for refusal;

(v) Shall provide documentation to the child, the child's guardian and the responsible agency regarding the refusal;

(vi) May, if indicated, seek a court order to continue medication.

(c) A child who refuses to take medication three (3) consecutive times shall be considered to have revoked consent.

(d) If consent has been revoked by refusal of medication, the required report shall be signed by two (2) staff members who personally witnessed refusals and if possible, by the child.

g. First Aid Supplies. The facility shall equip each living unit with first aid supplies. The type, quantity and items to be determined according to the American Red Cross's current guidelines or in accordance with written recommendations from appropriate medical personnel.

h. Hygienic Standards. The facility shall operate in accordance with, and train and supervise staff in the practice of appropriate hygienic standards for the control of contagious diseases in accordance with standards set by the Office of the State Epidemiologist.

i. Illness, Accident, Suicide and Death

i. The facility shall immediately notify the child's guardian and the placing or responsible agency of any serious illness, incident involving serious bodily injury or any severe psychiatric episode involving a child.

ii. The facility shall immediately notify the child's guardian, the placing agency, and the medical examiner in the event of the death of a child. In the event of sudden deaths the licensing authority shall also be notified.

iii. The facility shall cooperate in arrangements made for examination, autopsy and burial in the event of death of a child.

D. Personnel

The facility shall submit written documentation of rules preceded by an asterisk (*).

(*1) Personnel Policies. The facility shall adopt personnel policies and practices which shall include a description of:

a. Criteria and procedures for hiring, specifying the conditions under which personnel related to board or other staff serving in an administrative, governing or supervisory capacity are employed;

b. Procedures regarding discipline suspension or dismissal of its employees.

c. Procedures for handling employee grievances;

d. Procedures for regular supervision of each employee;

e. Criteria and procedures for employee evaluations, both 90 day and annual;

f. Procedures for facilitating participation and comment by employees in policy making, planning and program development.

(*2) Job Descriptions. The facility shall have written job descriptions covering all positions within the facility.

(*3) Volunteers. A facility engaging volunteers who have direct contact with the children in care shall adopt a written plan for their use and shall:

a. Routinely supervise volunteers by a paid staff member;

b. Orient and train volunteers in the philosophy of the facility, the needs of children in care and methods of meeting those needs;

c. Perform character and reference checks comparable to those for employment applicants.

(4) Students. A facility accepting students for field placements shall adopt a written plan for their use which shall include:

a. A description of the purpose of students involvement with the facility and the students roles and responsibilities;

b. A description of required qualifications, orientation and training procedures;

c. The designation of routine supervision provided by an appropriately qualified staff member;

d. The designation of a liaison between the facility and the school making placements; and

e. Character and reference checks comparable to those performed for employment applicants.

(5) Staff: Child Ratios. The facility shall retain a 'sufficient number of qualified employees and shall delegate to them sufficient authority to accomplish the following:

a. Ensure appropriate staff coverage at all times based on the following factors:

i. The age, capabilities, functioning levels and program plans of the children in care; and

ii. The time of day and the size and nature of the facility.

b. Explain the content and consequences of any contracts consents or releases a child or a child's parent(s) are required to sign;

c. Carry out the requirements of these regulations and the responsibilities the facility defines within its statement of purpose and program description;

d. Ensure the immediate availability of additional staff in the event of an emergency or crisis in any living unit of the facility.

(6) Personnel Qualifications and Responsibilities

a. General Criteria

i. Moral Character

(a) The facility shall not involve any person in the operations, administration, ownership or in the provision of services to children in care who lacks good moral character. The following offenses shall be prima facie evidence of a lack of good moral character:

(i) Conviction of any crime involving a substantial misrepresentation of any material fact to the public;

(ii) Conviction of any crime which involves a violent act or a threat of a violent act against a person;

(iii) Conviction of any crime constituting a sexual offense;

(iv) History of substantiated child or adult abuse, neglects or exploitation under the child and adult protection laws of this or any other state.

(b) If the facility determines that a person identified by the above criteria is rehabilitated and that the children in care would not be endangered by the person's. involvement, documentation of evidence shall be placed in the personnel file prior to that person's involvement in any capacity as stated above.

ii. Substance Abuse. The facility shall not engage any person in the operation, administrations ownership or in the provision of services to children in care if there exists evidence of current substance abuse

iii. Impaired Ability. The facility shall not hire, continue to employ, or utilize any person whose health, educational , achievement, emotional or psychological makeup render him/her unable to protect the health and safety of the children or is such that it endangers the physical or psychological well-being of the children.

iv. Qualifications. The facility shall have evidence that all persons providing services to the facility, whether working directly with children in care or providing consultation to employees of the facility, are appropriately qualified, certified and/or licensed as appropriate to the nature of the service.

v. Detrimental Practices. The facility shall ensure that any person involved in the operation, administration, ownership or in the provision of services to children in care shall not engage in any action or practice detrimental to the welfare of children. Such actions or practices, as defined by the department include but are not limited to:

(a) Physical, sexual and/or emotional abuse;

(b) Corporal punishment;

(c) Neglect in any form;

(d) Derogatory remarks to or about children or parents;

(e) Name calling;

(f) Shaming or embarrassment;

(g) Breach of confidentiality.

b. Chief Administrative Officer

i. The chief administrative officer shall be responsible for the operation of the facility at all times. In the necessary absence of the administrative officer the facility shall designate a qualified person to perform in the above capacity.

ii. The chief administrative officer, or person authorized to act in place of the administrative officer shall be at least 21 years of age and shall have at least a Bachelor's degree from an accredited school and two years experience in the management and supervision of child care personnel and programs.

iii. The chief administrative officer shall be reliable, mentally and physically capable of performing Job functions, emotionally well adjusted and be able to demonstrate an understanding of the needs of the children in care.

c. Staff

i. The facility shall employ staff members who are mature adults with the capacity to develop a professional orientation to child care, able to relate to children with warmth and understanding, and have the ability to identify the needs and problems of children.

ii. The facility shall require that each staff member, prior to employment present a medical statement from a health professional verifying the absence of any communicable disease, specific illness or disability which would render him/her unable to perform the duties of the job in a manner which would not endanger the health or safety of the employee, other staff or the children in care.

(a) Such statement shall be based on an examination performed not more than (6) months prior to employment.

(b) The facility shall require all employees to update their medical examination periodically in accordance with current medical practice.

iii. The facility shall not employ any person not possessing the usual qualifications for the positions, as outlined in the job description, unless a written statement is placed in the personnel file demonstrating the person's suitability to carry out the responsibilities of the position.

iv. The facility shall determine the suitability and capability of all prospective staff, in part, by at least three (3) reliable and satisfactory references from persons not related to the applicant.

(7) Staff Recruitment. The facility shall actively recruit and., when possible, employ qualified personnel broadly representative of the racial and ethnic groups it serves.

(8) Personnel File.

a. The facility shall maintain a personnel file for each staff member which shall contain:

i. The application for employment and/or resume, including specific residential and employment history;

ii. Reference letters from former employers and/or personal references or phone notes on such references;

iii. Record of State Bureau of Identification (SBI) check;

iv. Any required medical examinations;

v. Applicable professional credentials and certifications;

vi. Periodic performance evaluations;

vii. Personnel actions, other applicable materials, reports, and notes relating to the individual's employment with the facility;

viii. Starting and termination dates;

ix. A statement read and signed by the employee which clearly defines child abuse and neglect and outlines the responsibility to report all incidents of child abuse or neglect according to state law, and to report all incidents to the chief administrative officer or the officer's designee;

x. Documentation of training programs attended.

b. The facility shall maintain a personnel file for each volunteer having direct contact with the children in care which shall contain:

i. Volunteer application or resume;

ii. Reference letters or phone notes of reference checks;

iii. A statement read and signed by the volunteer which clearly defines child abuse and neglect and outlines the facility's policy for the reporting of abuse and neglect in compliance with state law.

c. The facility shall provide staff members and volunteers reasonable access to their personnel file and shall allow them to add any written statement.

d. The facility shall maintain the confidentiality of all personnel records and shall protect the records against loss, tampering and unauthorized use.

(9) Staff, Volunteer and Student Orientation and Training

a. Staff, Volunteer and Student Orientation (Non-waiverable)

i. The facility shall adopt a written plan for orientation which shall familiarize staffs volunteers having direct contact with the children in care and students with the facility's organization, program goals, procedures, program and services.

ii. The facility shall orient and train all new staff, volunteers having direct contact with the children in care and students in at least the following areas:

(a) Passive physical restraint techniques, if used;

(b) Orientation to emergency, safety and hygienic procedures;

(c) Responsibilities of the staff, volunteer or students position;

(d) Crisis intervention including the ability to recognize the symptoms of suicide;

(e) Child abuse policies and procedures;

(f) Policies and procedures regarding confidentiality;

(g) Familiarization with appropriate sections of these Rules.

b. Information Provided to Staff, Volunteers and Students

i. The facility shall provide copies of the following documents to all staff volunteers having direct contact with the children in care and students:

(a) Description of the organizational structure;

(b) Personnel policies and practices;

(c) Job description for each person's own position;

(d) Communication policy;

(e) Child management policies;

(f) Written plans of basic daily routines.

ii. The facility shall provide a copy of the volunteer plan to each volunteer having direct contact with the children in care.

iii. The facility shall provide a copy of the student plan to each student and the student's school.

iv. The facility shall make copies of all job descriptions available to employees upon request.

v. The facility shall make a copy of these rules available to all employees., volunteers and students.

vi. The facility shall provide policies and procedures relative to medication administration to all staff administering medications and to all direct child care staff.

*c. Staff Training. (Non-waiverable).

i. The facility shall adopt a written plan for staff training which is appropriate to the size and nature of the facility and staff.

ii. The facility shall ensure that each direct service staff member receives at least 40 hours of in service and external training during each full year of employment including:

(a) The facility's emergency and safety procedures on a semi-annual basis with review of evacuation instructions every two months;

(b) The principles and practices of hygiene for the control of contagious diseases;

(c) The principles and practices of child care including case management;

(d) The facility's administrative procedures and overall program goals;

(e) Acceptable behavior management techniques;

(f) Crisis management including the ability to recognize the symptoms of suicide;

(g) Psychotropic medications, if appropriate to children's needs;

(h) Review of child abuse policy and procedures;

(i) Approved first aid instructions;

(j) Passive physical restraints if used;

(k) Licensing rules pertinent to daily operation.

(10) Staff Supervision

a. The facility shall assign all staff supervisors appropriate to their roles and responsibilities.

b. Supervisors shall meet with assigned staff on at least a weekly basis.

c. The facility shall ensure that all staff providing therapeutic services shall have clinical supervision from appropriately trained, licensed and/or certified individuals at regular intervals.

(11) Staff Evaluation

a. The facility shall provide within 90 days after employment, each now direct service or administrative staff member with an evaluation of job performance by an assigned supervisor.

b. Thereafter the facility shall provide a minimum of one written evaluation per year for each staff members signed by the staff person and the evaluator.'

c. Evaluation conferences shall include:

i. A review of the staff member's strengths and weaknesses;

ii. Setting time-limited performance goals;

iii. Devising training objectives to help meet the goals;

iv. Establishing a strategy that will allow achievement of the goals and objectives.

d. The staff member shall be provided an opportunity to express in writing any disagreement with their evaluation.

e. Each staff member shall be provided with a copy of their evaluation.

(12) Staff Communications. The facility shall establish procedures to assure adequate communication among staff including any external professional services to provide continuity of services to children in care.

E. Admission and Discharge

The facility shall submit written documentation of rules preceded by an asterisk (*).

(1) Referral Process

a. Non-Discrimination in Providing Services. The facility shall not refuse admission to any child on the grounds of race, sex, religion, handicapping condition or ethnic origin. The facility may limit admission on grounds of sex, religion or handicapping condition if the program is not adequately designed to serve this population and cannot meet the specific child's needs.

b. Out-of-State Referrals. A facility accepting referral of a child who resides in another state shall comply with the terms of the interstate Compact on Juveniles and the Interstate Compact on the Placement of Children.

c. Placement Limitations.

i. The facility shall not admit more children into care than the number specified by the license.

ii. The facility shall not accept any child for placement whose needs cannot be adequately met by the facility's program.

d. Refusals.

i. The facility shall document the reason(s) for refusing admission to the referring agency which initiated the admission procedure.

ii. The facility shall adopt a written procedure for the appeal of any adverse decision relative to non-admission.

e. Participation in Placement. The facility shall ensure that the child., the child's guardian, the placing agency, and others as appropriate, are provided reasonable opportunity to participate in the admission process and decisions, and that due consideration is given to their concerns and feelings regarding the placement. When involvement of the child's guardian does not occur the reason for the non-participation shall be recorded.

f. Religion.

Family expectations. During the referral process the facility shall discuss the religious orientation and policy of the facility with the child and the child's parent(s) or guardian.

ii. The facility shall determine the wishes, if any, of the parent(s) or guardian and the child regarding the child's religious training and document this in the child's record at admission.

g. Information Provided to the Placement Agency.

The facility shall provide copies of the following documents to each agency placing children with the facility:

i. Communication Policy.

ii. Religion Policy.

iii. Admissions Policy and Procedures.

iv. Aversives and Other Special Situation Therapies.

v. Child Management Policy and Procedures.

(2) Admissions.

*a. The facility shall adopt a written description of admissions policies and criteria which shall include:

i. Preplacement requirements of the child, the guardian and the placing agency;

ii. Identification of the specific eligibility criteria including:

(a) Age range;

(b) Sex;

(c) Religion;

(d) Geographic residency;

(e) Physical development and health needs and problems;

(f) Social behavior which is best addressed by the facility's program;

(g) Custody or guardianship status;

(h) Intellectual capability and limitations.

iii. Intake policies and procedures.

b. The facility shall, when applicable, have policies and procedures governing self-admission which shall include procedures for notification of guardians.

c. The facility shall explain the content and consequences of any contracts, consents or releases a child or a child's guardian(s) are required to sign.

d. Child Orientation. During the first full day of a child's placement the facility shall assign a staff member to orient the child regarding emergency procedures and the location of emergency exits. A written confirmation that such orientation has occurred shall be placed in the child's case record.

e. Information Provided to Child. As part of the admission orientation the facility shall make available the following:

i. Consistent with the child's maturity and ability to understand, the facility shall make clear its expectations and requirements for behavior and shall explain the facility's criteria for successful participation in and completion of the program;

ii. A copy of the rules governing conduct and consequences of inappropriate behavior by children in care is available;

iii. A copy of the facility's policy governing visiting and other forms of communication with family., friends and other persons important to the child;

iv. A description of the religious orientation and practices observed by the facility;

v. A description of the facility's education plan;

vi. A copy of grievance procedures upon request.

f. Information Provided to Guardian(s). Prior to placement, whenever possible, the facility shall provide the guardians with written information which shall include:

i. A description of the philosophy of the facility;

ii. A description of normal daily routines;

iii. A description of behavior management and disciplinary practices at the facility;

iv. Any specific treatment strategies employed by the facility;

v* Visiting hours and other procedures related to communication with children;

vi. A description of the procedure which the guardian may use to register complaints;

vii. A description of any required religious observance;

viii. A description of the education plan or program offered by the facility;

ix. The name and telephone number of a staff person whom the guardian may contact on an ongoing basis.

(3) Admission Procedures.

a. Intake Evaluation. The facility shall accept a child into care only when a current comprehensive intake evaluation including social, health and family history., educational and, if appropriate, psychological and developmental assessment, including history of prior suicidal gestures has been reviewed. This evaluation shall contain evidence that a determination has been made that the 'residential placement is appropriate for the child.

i. Medication 'Assessment. Upon admission, the facility shall ascertain all medication a child is currently taking and determine whether a physician should be consulted to review the medication needs of the child considering the changed living circumstances.

ii. Physical Examination. Within a week of the child's admission the facility shall arrange a general physical exam by a health professional unless the child has received such an examination within 30 days prior to admission and the results of this examination are provided to the facility. The physical examination shall include at least the following:

(a) An examination of the child for physical injury and disease;

(b) Vision and hearing tests;

(c) A current assessment of the child's general health;

(d) Whenever indicated, a referral to an appropriate medical specialist for further assessment or treatment.

iii. Dental Examination. Within sixty (60) days of admission the facility shall ensure that the child has a dental examination unless the child has been examined within six (6) months prior to admission and the facility has received the results of this examination.

b. Emergency Admissions. In an emergency situation requiring immediate placement, the facility shall gather as much information as possible about the child to be admitted and the circumstances requiring placement.

i. The facility shall record this information in an "emergency admission note" within two (2) days of admission which shall include social health, family history educational background, legal status, other pertinent data including a statement defining the need for residential services.

ii. The facility shall complete the intake evaluation within thirty (30) days of admission.

(4) General Record Keeping. The facility shall maintain a written record for each child in care which shall include administrative treatment and educational data from the time of admission until the time the child leaves the facility. All entries shall be legible, signed by the person making the entry and accompanied by the date on which the entry was made.

a. Each child's case record shall include at least the following:

i. The name, sex, race, religions, verified birthdate and birthplace of the child;

ii. The name, address, telephone number and marital status of the parent(s) of the child;

iii. Date of admission and source of referral;

iv. The name, address, telephone number and relationship to the child of the person with whom the child was living if the child was not living with his/her parent(s) prior to admission;

v. All documents related to the referral and admission of the child to the facility;

vi. Documentation of the current custody and legal guardianship;

vii. The child's court status, if applicable;

viii. Consent forms signed by the guardian prior to placement allowing the facility to authorize all necessary medical care, medications, routine tests, Immunization and emergency medical or surgical treatment;

ix. Cumulative health records;

x. Education records and reports;

xi. Treatment or clinical records and reports including notes monitoring the child's progress toward service plan goal s;

xii. Records of special or critical incidents including all accidents, personal injuries and pertinent incidents related to implementation of the child's service plan;

xiii. Service plans and related material;

xiv. Date of discharge, reason for discharge and the name, telephone number and address of the person or agency to whom the child was discharged.

(5) Placement Agreement.

a. The facility shall negotiate written placement agreements which shall include by reference or attachment:

i. The nature and goals of care, including any specialized services to be provided;

ii. The religious orientation and practices of the child;

iii. Description of the roles and responsibilities of all agencies and persons involved with the child and child's family;

iv. Authorizations to care for the child;

v. Authorizations to obtain routine and emergency medical care for the child;

vi. Designation of responsibility for routine medical arrangements;

vii. Arrangements regarding visits, mail telephone calls, vacations gifts and family contact and involvement;

viii. Identification of the sources, terms and methods for paying the child's board and other expenses.

b. The facility shall ensure that a written placement agreement is signed by and provided to the child' the guardian, and the representative of the placement agency as well as other parties involved in its formation. Where the involvement of any of these is not feasible or desirable the reason(s) for the exclusion shall be recorded.

(6) Service Planning. The facility shall adopt written procedures used for individual service planning in accordance with the following:

a. Assessment. The facility shall complete a comprehensive assessment to update the intake evaluation within thirty (30) days of admission.

i. The assessment shall consider the needs and strengths of the child in the areas of health care, education, personal and social development, mental health, family relationships, vocational training, recreation, and life skills development.

ii. All methods and procedures used in this assessment shall consider the child's age, cultural background and dominant language or mode of communication.

b. Service Plan. The facility shall develop a written, time-limited, goal-oriented individual service plan for each child which includes:

i. Findings of the assessment;

ii. Identification of the services and treatment to be provided to meet the needs of the child;

iii. Specification of any specialized services or treatment to be provided or arranged and means of ensuring their provision and monitoring as needed;

iv. Short and long-term goals for the child and the child's family including:

(a) Strategies for developing positive family relationships;

(b) Permanency planning for the child;

(c) Means of evaluating the progress toward these goals.

v. Identification of persons responsible for implementing or coordinating implementation of the service plan;

vi. Preliminary time-limited goals for discharge and aftercare.

*c. Clinical Consultant. (Non-waiverable) The facility shall have written evidence that the person providing clinical supervision in the development of a child's individual service plan and its periodic reviews has an advanced degree in psychology, psychiatry, social work or related field and experience in providing direct services to children.

d. Participants in Service Planning. The facility shall ensure that the assessment and service planning are conducted by a planning team.

i. This team shall include:

(a) Staff responsible for implementing the service plan on a daily basis;

(b) Representative(s) of the placing agency;

(c) School personnel;

(d) The child, unless contraindicated;

(e) The child's guardian, unless contraindicated;

(f) Other persons significant in the child's life;

(g) Clinical consultants.

ii. When any of the above do not participate., the facility shall include within the child's case 'record a written statement documenting its efforts to involve the person.

iii. When the involvement of guardian or child is contraindicated, the reason(s) shall be documented in the child's case record.

iv. The service plan shall be signed by the chief administrator of the facility or his/her designee; a representative of the placing agency and/or responsible agency or person; the clinical consultant; the child, if appropriate; and the child's guardian, if appropriate.

e. Periodic Review.

i. The facility shall review each service plan at least once every six months, shall evaluate progress toward established goals and shall revise the service plan as appropriate to the needs of the child.

ii. The planning team and documentation that are required above shall be required in all service plan reviews.

iii. If review and revision of a child's service plan is necessary prior to the facility's regularly established review date, the service plan shall document this decision and identify the date for such review.

f. External Professional Services. The facility shall obtain externally any professional services required for the implementation of a child's service plan which are not available within the facility.

g. Explanation of Service Plan. Unless it is not feasible to do so the facility shall explain the service plan and any subsequent revisions to the child and the child's guardian in language understandable to them.

(*7) Aversives and Other Special Situation Therapies. The facility shall not use any specific treatment strategies which modify a particular behavior and involve an intrinsic risk or involve unusual or potentially hazardous treatment to children without prior approval by the licensing authority. Proposals for the facility's use of such strategies shall be submitted in writing and shall include:

a. The names position and qualifications of the person who has direct responsibility for supervising the treatment program;

b. Staff competencies and qualifications;

c. The types of behavior or conditions for which such procedures and techniques are to be used;

d. The range of procedures and techniques to be used;

e. Requirements, where appropriate for medical examination of a child prior to implementation of the treatment;

f. Provisions for ongoing monitoring and recording of each child's response and provisions for making adjustments ins. or termination oft the treatment as appropriate;

g. Procedures for obtaining the informed, written consent from the child's guardian and the child, if appropriate to the child's capability. Such consent shall include:

i. The dated signature of the consentee;

ii. A statement that the guardian and child, as appropriate, have been provided the following information:

(a) A description of the procedures and techniques proposed and reasons why the treatment is determined appropriate;

(b) Expected benefits of the treatment;

(c) A description of the less restrictive techniques and strategies attempted and found unsuccessful;

(d) Duration of the treatment;

(e) Intrinsic risks, including side effects;

(f) The option to give or withhold consent to the proposed treatment; and

(g) Who the guardian or child may obtain answers from concerning the treatment.

(8) Termination Procedures

a. Discharge and Aftercare.

At least three months prior to discharge, except in the case of an emergency discharges, the facility shall prepare an aftercare plan identifying the supports and resources required by the child's continuing needs. Requirements in rule 4.E.6. regarding planning team and documentation shall be required for all discharge and aftercare planning.

i. When a child is being placed in another program following discharge, the planning team shall, whenever possible, meet with representatives of that program prior to the child's discharge to share information concerning the child. When this is not possible, the facility shall document the reason(s) in the child's record.

ii. Prior to discharge the facility shall assist the child to understand their aftercare plan.

iii. Upon discharge the facility shall provide a copy or summary of the child's complete health record, including current medications to the person or agency responsible for the future planning and care of the child.

b. Emergency Discharge

*i. The facility shall adopt written policies and procedures for emergency discharges and discharges not in accordance with children's service plans.

ii. In cases of emergency discharge the facility shall immediately notify the placement agency or person and shall consult with the placement agency or person prior to discharge.

c. Discharge Report. When a child is discharged, the facility shall compile a written summary within a month of the date of discharge.

i. The discharge summary shall include:

(a) The names, address, telephone number and relationship of the person to whom the child was discharged;

(b) A summary of services provided during care including prescribed medications;

(c) A summary of growth and accomplishments during care;

(d) The assessed needs which remain to be met and alternate service possibilities which might meet those needs;

(e) As appropriate, recommendations for an aftercare plan and identification of who is responsible for follow-up services.

ii. When the discharge date was not in accordance with the child's service plans the following items shall be added to the above summary:

(a) The circumstances leading to the unplanned discharge;

(b) The actions taken by the facility and the reason for these actions.

(*9) Unauthorized Absences. The facility shall have written policies and procedures for determining and reporting situations of unauthorized absence of a child in care including notification of the child's guardian, the placing agency, and the appropriate law enforcement official within a reasonable period of time.

F. Environment and Safety

The facility shall submit written documentation of rules preceded by an asterisk

(*1) Location and Floor Plan. (Non-waiverable) The facility shall prepare a description of the location and a sketch of the floor plan including:

a. Evidence that the site location of the facility is appropriate to children in terms of individual needs, program goals and access to services.

b. Documentation that the facility is in compliance with zoning laws of the municipality in which the site is located.

(2) Other Approvals or Certifications. Every building or part of a building used as a residential child care facility shall be constructed used, furnished, maintained and equipped in compliance with all requirements established by federal, state and municipal regulatory authorities.

a. Health. The facility shall obtain from appropriate officials evidence of approval with all applicable laws and ordinances to protect the health, safety and well-being of the children in care,

b. Lead Poisoning. (Non-waiverable) Prior to initial licensure any facility which plans to accept children under the age of six years or who are mentally retarded or severely emotionally disturbed shall be tested for and found to be free of lead paint hazard.

c. Life Safely. (Non-waiverable) The facility shall prior to initial operation and on an annual basis receive approval from the State Fire Marshal's Office or designee.

d. Water Supply. (Non-waiverable) The facility shall prior to initial operation and annually thereafter submit a written satisfactory water analysis report completed by the Maine Department of Human Services, Division of Health Engineering or other approved laboratory if the facility's water is from any source other than an approved public water supply.

e. Animals. The facility shall ensure that all animals residing at the facility have current and appropriate vaccinations as required by law.

(3) Building Exterior and Grounds.

a. Structures.

i. The facility shall maintain all structures on the grounds of the facility in good repair and free from danger to health or safety.

ii. Outside doors, windows and other features of the structure necessary for security from weather shall be repaired within 24 hours of being found to be in a state of disrepair.

b. Grounds. The facility shall maintain the grounds in a manner which ensures that the grounds are free from any hazard to health or safety.

i. Garbage and rubbish which is stored outside shall be stored securely in noncombustible, covered containers separate from play areas and shall be removed on a regular basis not less than weekly.

ii. Fences shall be in good repair.

iii. Areas deemed by the licensing authority to be unsafe, such as, steep grades, cliffs, open pits, swimming pools, high voltage boosters, or high speed roads, shall be fenced off or have natural barriers to protect children.

iv. Playground equipment shall be located, installed and maintained to ensure the safety of children.

(4) Interior Spaces. The facility shall structurally accommodate the physical needs of each child in care.

a. Administrative and Counseling Space.

i. The facility shall provide a space which is distinct from children's living areas to serve as an administrative office for records, secretarial work and bookkeeping.

ii. The facility shall have a designated space to allow private discussions and counseling sessions between individual children and staff.

b. Staff Quarters. A facility utilizing live-in staff shall provide adequate separate living space for these staff.

c. Interior Structures

i. Furnishings.

(a) The facility shall have comfortable furniture, as appropriate, for all living areas. Furniture for the use of children shall be appropriately designed to suit the size and capabilities of the children.

(b) There shall be evidence of routine maintenance and cleaning programs in all areas of the facility.

(c) The facility shall replace or repair broken, run-down or defective furnishings and equipment.

ii. Doors and Windows.

(a) The facility shall provide insect screening for all windows used for ventilation unless the facility is centrally air-conditioned.

(b) This screening shall be readily removable in emergencies and shall be in good repair.

(c) The facility shall have doors on al 1 closets, bedrooms and bathrooms that can be readily opened from both sides.

d. Electrical Systems. The facility shall maintain all electrical equipment, wiring, switches, sockets and outlets in good order and safe condition.

i. Any rooms, corridor or stairway within a facility shall be sufficiently illuminated.

ii. Corridors within a facility's sleeping areas shall be illuminated during the night relative to the needs of the children.

iii. Adequate lighting of exterior areas shall be provided to ensure the safety of children and staff at night.

e. Heat.

i. The facility shall install and insulate heating elements, including hot water pipes in a manner that ensures the safety of children if accessible to children.

ii. The facility shall remove or encapsulate any friable asbestos insulation existing within the building.

iii. The facility shall maintain the spaces used by children at temperatures that do not jeopardize children's health.

f. Water. Water accessible to children for personal use shall be regulated to a temperature not in excess of 120 F.

g. Finishes and Surfaces.

i. The facility shall not utilize any excessively rough surface or finish where it may present a safety hazard to children.

ii. The facility shall ensure that walls and ceilings are not surfaced with materials containing asbestos except as allowed by law for protection from wood or peat burning stoves.

iii. The facility shall not use paint which contains lead for any purpose on the interior or exterior of any facility structure or recreation equipment.

h. Limited Access Areas. The facility shall restrict children from unsupervised access to areas not used as living space unless in programmatic use,

i. Storage. The facility shall have securely locked storage spaces for all potentially harmful materials.

i. Poisonous or toxic materials shall be stored in locked storage spaces that are not used for any other purpose.

ii. Containers of poisonous, toxic or flammable materials shall be prominently and distinctly marked or labeled for easy identification as to contents and shall be stored and used only in such manner and under such conditions as will not contaminate food or constitute a hazard to children or staff.

j. Kitchens.

i. The facility shall equip kitchens used for meal preparation with the necessary items for the preparation, storage serving and clean up of all meals.

ii. All kitchen equipment shall be maintained in working order and kept in sanitary condition.

iii. The facility shall not use disposable dinnerware on a regular basis unless the facility documents that such dinnerware is necessary to protect the health or safety of children in care.

iv. The facility shall provide each living unit with a snack preparation space.

k. Dining Area.

i. The facility shall provide dining areas which permit children, staff and guests to eat together.

ii. The facility shall provide dining areas which are clean, well lighted and ventilated.

l. Living Rooms, Lounges.

i. Each living unit of a facility shall contain a space for the informal use of children; constructed and equipped in a manner consistent with the programmatic goals of the facility.

ii. The facility shall provide interior spaces for a variety of recreational activities.

m. Sleeping Areas.

i. The facility shall provide a designated area for rest and sleep for each child.

ii. Each bedroom space shall have:

(a) At least 74 square foot floor area for a single occupant;

(b) At least a 50 square foot floor area for each occupant in a multiple sleeping area;

(c) A direct source of natural light;

(d) Windows which open or a mechanical ventilation system.

iii. The facility shall allow no more than four (4) children to occupy a designated bedroom space without prior approval from the licensing authority.

iv. The facility shall provide each child with a bed. The bed shall:

(a) Be proportional to the child's height and no less than 30 inches wide;

(b) Be solidly constructed;

(c) If a bunk bed provide sufficient head room to allow the upper occupant to sit up;

(d) If a bunk bed, be limited to double bunk beds.

v. Sheets, pillow cases and blankets shall be provided for each child.

vi. Sheets and pillow cases shall be changed at least weekly and more frequently if necessary.

vii. Water resistant bedding shall be utilized when necessary.

viii. Each child shall be provided with a dresser or other adequate storage space and a designated space for hanging clothing in proximity to the child's bedroom.

ix. The facility shall allow some scope for the personal tastes and expressions of the children in the decoration of sleeping areas.

x. Non-porous wall surfaces shall be utilized in bedroom areas as appropriate to a child's needs.

n. Bathrooms. The facility shall provide that bathrooms:

i. Have a minimum of one (1) wash basin, one (1) bath or shower, and one (1) toilet for every six (6) children in care;

ii. Have a safe and adequate supply of tempered and cold running water;

iii. Have bathtubs and showers with slip-proof surfaces;

iv. Have toilets and baths or showers which allow for individual privacy;

v. Contain mirrors secured to the walls at convenient heights and other furnishings necessary to meet each child's basic hygiene needs;

vi. Are equipped to facilitate maximum self-help by children and/or large enough to permit staff assistance of children, if necessary;

vii. Are properly equipped with toilet papers towels, soap and other items required for personal hygiene unless children are individually provided such items;

viii. Are maintained in good operating condition and kept in sanitary condition.

(5) Nutrition.

a.* The facility shall provide each child with food of such quality and in such quantity as to meet daily dietary needs adjusted for age, gender and activity.

i. No child shall be denied a meal for any reason except according to a doctor's orders.

ii. No child shall be force-fed or otherwise coerced to eat against his/her will except by order of a doctor.

b. The facility shall ensure that, at all meals served at the facility, staff eat substantially the same food served to children in cards, unless age differences or special dietary requirements dictate differences in diet.

c. The chief administrative officer shall designate a person with an understanding and knowledge of nutrition, or who is supervised by someone with an understanding and knowledge of nutrition, who shall be responsible for menu planning or the supervision of menu planning of the facility.

d. The facility shall make provision for children with special dietary needs.

e. The facility shall maintain a record of menus utilized by the facility and shall document any substitutions.

(6) Personal Care and Hygiene. The facility shall provide guidance in good habits of personal care, hygiene and grooming appropriate to children's age, sex, race and culture.

(7) Personal Possessions.

a. The facility shall allow a child to bring possessions to the facility, and to acquire possessions in accordance with the child's service plan.

i. The facility may, as necessary, limit or supervise the use of these items while the child is in care.

ii. Where limitations exceeding the usual policy are imposed, the facility shall inform the child of the reason(s) for the decision and reason(s) shall be recorded in the child's case record.

iii. The facility shall make provisions for the protection of the child's property and return upon discharge.

b. Clothing, The facility shall ensure that each child has adequate, well-fitting and seasonable clothing as required for health, comfort and physical well-being and as appropriate to ages, sex and individual needs.

i. When uniforms are required, the facility shall advise the child and the child's guardian prior to admission.

ii. A child's clothing shall be identifiably their own and shall not be shared in common.

iii. Children's clothing shall be kept clean and in good repair.

(a) Children shall be involved in the care and maintenance of their clothing.

(b) Laundering, ironing and sewing services shall be accessible to children, as appropriate.

iv. Provisions for clothing needs shall be made at the time of the child's discharge.

v. All personal clothing shall go with the child at the time of formal discharge.

c. Children's Money.

i. Possession and Limitations. The facility shall permit a child to possess his/her own money either by giving an allowance, by providing opportunities for paid work within the facility and/or through outside employment, unless otherwise indicated by the child's service plan.

(a) Money earned, received as a gift or received as allowance by a child shall be deemed to be that child's personal property.

(b) Limitations may be placed on the amount of money a child may possess or have unencumbered access to when such limitations are considered to be in the child's best interests and are duly recorded in the child's service plan.

ii. Expenses. The facility shall not ask a child to assume expenses for care and treatment with the exception that an older child may be asked to pay some of his/her room and board and related expenses in accordance with the child's individual service plan.

iii. Repayment of Damages. A facility may deduct reasonable sums from a child's allowance as restitution for damages done by the child if such a restitution plan is duly recorded in the child's service plan. Restitution shall be negotiated with the child and the guardian based on the ability to pay.

iv. Accounting System. The facility shall maintain a separate accounting system for children's money.

(8) General Safety Practices.

*a. Emergency Procedures. (Non-waiverable) The facility shall adopt written procedures for staff and children to follow in case of emergency or disaster which shall be developed with the assistance of qualified fire, health and safety personnel and shall include (a copy of items i. and ii. shall be readily available at all times within the facility.)

i. Provisions for the evacuation of building;

ii. Assignment of staff during emergencies;

iii. Appropriate notification of guardians, the placement agency and the licensing authority of a fire or other disaster which might endanger or require relocation of children for reasons of health and safety;

iv. Procedures for medical emergencies which define the circumstances that constitute such an emergency and include instructions to staff regarding their conduct.

b. Emergency Practices.

i. The facility shall post the fire evacuation procedures in conspicuous locations throughout the building.

ii. The facility shall instruct children and staff in fire prevention and train all personnel on all shifts to perform assigned tasks during emergencies, including the use and location of fire fighting equipment.

iii. The facility shall train staff and children to report fires and other emergencies in accordance with the written emergency procedures above.

iv. The facility shall conduct emergency drills at least six (6) times per year which shall include actual evacuation of children to safe areas. Twelve (12) drills shall be conducted the first year of operation.

(a) A record of such emergency drills shall be maintained, noting dates and time, evacuation time and exits used.

(b) All persons in the building shall participate in emergency drills.

(c) Emergency drills shall be held at unexpected times and under varying conditions to simulate the possible conditions in case of fire or other disasters.

(d) Special provisions for the evacuation of any physically handicapped children shall be made.

(e) Special care to help emotionally disturbed or perceptually handicapped children understand the nature of such drills shall be made.

c. Safety Program. The facility shall maintain an active safety program including investigation of all accidents and recommendations for prevention.

d. 24 Hour Telephone Service.

i. The facility shall equip each separate living unit within the facility with 24 hour telephone service or an intercom system connected with an outside telephone service.

ii. The facility shall conspicuously post adjacent to the telephone emergency telephone numbers including fire, police, physicians. poison control., health agency and ambulance.

*e. Firearms. If a hunting program is offered, the facility shall adopt written policies and procedures regarding the possession, maintenance, security and use of firearms which shall include:

i. Identification of children eligible and appropriate for such a program;

ii. Supervision at all times of any child handling a firearm;

iii. Documentation within each applicable child's case record of his/her appropriateness;

iv. Storage of firearms and ammunition in a locked, secure place;

v. Restriction of firearms to rifles for sport;

vi. Restriction of firearms to children 14 years of age and over who possess:

(a) Documentation indicating satisfactory completion of a hunter safety course since the child's 14th birthday; and

(b) A valid State of Maine hunting license.

vii. Restrictions of the storage of firearms and ammunition from living and sleeping areas used for children;

viii. Secure storage of ammunition and firearms separate from each other.

f. Restrictions on Firearms and Other Weapons. The facility shall not maintain weapons on the grounds or within the structures of the facility and shall not maintain any firearm unless a policy has been submitted to the licensing authority.

i. The facility shall prohibit any staff member or child from possession of any weapon on the grounds or within the structure of the facility.

ii. Security guards patrolling the grounds and structures of the facility, whether employed by the facility or by a security service under contract to the facility, shall be prohibited from possession of any firearm or chemical weapon on the grounds or within the structure of the facility.

g. Candles. The facility shall prohibit candles in sleeping areas,

h. Porches, Elevated Walkways and Elevated Areas. The facility shall have barriers to prevent falls from porches, elevated walkways and elevated areas.

i. Exits. The facility shall maintain every required exit free of all obstruction or impediments to immediate use in the case of fire or other emergency.

j. Power Driven Equipment. The facility shall maintain power driven equipment in safe and good repair and shall only allow such equipment to be used under the supervision of a staff member and consistent with applicable laws and regulations.

k. Swimming Areas:

i. The facility shall test an on-grounds swimming pool daily and maintain it free from contamination in accordance with Department of Human Services, Division of Health Engineering standards.

ii. The facility shall have on duty when children are swimming an individual who has a current water safety instructor certificate or senior lifesaving certificate from the Red Cross or its equivalent.

l. Recreational Activities:

i. The facility shall assess the capability of any child to participate in any potentially dangerous or unsafe recreational activity.

ii. The facility shall provide for appropriate and adequate staff supervision for children during potentially dangerous or unsafe recreational activities.

(9) Transportation. The facility shall provide for the transportation necessary for implementing the child's service plan.

a. Emergency Transportation. The facility shall have means of transporting children in cases of emergency.

b. Supervision. The facility shall provide for adequate supervision in any vehicle used to transport children.

c. Disabilities of Children.

i. The facility shall inform the operator of any vehicle transporting children of any need or problem of a child which might cause difficulties during transportation, such as seizures., a tendency towards motion sickness or a disability.

ii. A facility serving handicapped, nonambulatory children shall provide for the accessibility to appropriate transportation.

d. Vehicle Requirements. The facility shall require all vehicles used for the transportation of children to be in a safe condition, in conformity with all applicable motor vehicle laws and equipped in a fashion appropriate for the season.

i. Any person authorized by the facility to transport children shall be properly licensed to operate that class of vehicle.

ii. The facility shall prohibit the number of persons in any vehicle to exceed the number of available seats in the vehicle.

5. STATUTORY AND ADMINISTRATIVE

A. Application/Reapplication for Licensure

(1) Application. Any person who intends to operate a Residential Child Care Facility shall file an application for a license in a manner and on a form prescribed by the Department. The applicant shall be the owner of the facility or the person designated as having full responsibility for the administration of the agency. Initial contact for the purpose of requesting a license application may be made, as appropriate, to one of the three departments responsible for licensing.

(2) Renewal of License. A facility seeking to renew its current license shall file a renewal application in a manner and on a form prescribed by the department not less than sixty (60) days prior to the date of expiration of its license. When a facility has made timely application for renewal the existing license shall remain in effect until the Department takes action on such application.

a. For renewals subsequent to issuance of a provisional or conditional license the facility shall submit documentation of full compliance with these rules.

b. For all renewals the facility shall submit the following documents at the time of re-application:

i. Financial Report. An updated budget and financial report which demonstrates the facility's financial capability to carry out its program for the licensing period.

ii. Documentation of Changes, Any documentary information which has changed since the time of its previous application.

iii. Waiver Request, Any request for waiver of a particular regulation or renewal of any waiver granted under current licensure.

(3) Change of Ownership or Location.

A license shall not be transferable from one licensee to another, one location to another or from one facility to another.

(4) Role of the Department.

a. Issuance of License. Upon receipt of an application for a license or renewal thereof, the department shall inform the applicant of the steps it will follow in the licensing process which shall include interviews, site visits, review of records, and technical assistance related to meeting and maintaining licensing requirements. The department shall issue a license if it finds the applicant in compliance with these rules.

b. Request Fire and Safety Inspection. application for a license or renewal thereof, the department shall contact the State Fire Marshal's Office to request an inspection of the applicant's physical plant to ensure compliance with appropriate state and local regulations regarding safety. The department shall request copies of such inspection reports.

c. Visits to Determine Compliance. Any employee authorized by the department shall, at any reasonable time, have the right of entry and may inspect the facility and any records required by these rules in order to determine compliance with law and with rules established by the department. The employee shall have access, in private, to any resident of the facility for the purpose of investigating a suspected violation of law and/or rules established by the department. An employee authorized by the department may enter a facility which the department knows or believes is operated without a license only with the permission of the owner or person in charge 'or with a search warrant from the District Court authorizing entry and inspection.

d. Availability of Information. The department shall have access to any information which the facility is required to have under these rules and any information reasonably related to assessment of compliance with these rules.

B. Terms and Types of Licenses

No person shall operate a Residential Child Care Facility without a license from the department.

(1) Provisional License. A provisional license shall be issued by the department to an applicant who:

· Has not previously operated the facility for which the application is made or is licensed but has not operated during the term of that license

. Complies with all applicable laws and rules, except those which can only be complied with once clients are served by the applicant; and

· Demonstrates the ability to comply with all applicable laws and rules by the end of the provisional license term.

The provisional license shall be issued for a minimum period of 3 months or a longer period, as deemed appropriate by the department, not to exceed 12 consecutive months.

(2) Full License. The department shall issue a full license to an applicant who complies with all applicable laws and rules. A full license is valid for two years from the date of issuance unless revoked, suspended or made conditional.

(3) Conditional License. A conditional license may be issued by the department when the individual or agency fails to comply with applicable law and rules and, in the judgment of the commissioners, the best interest of the public would be so served by issuing a conditional license. The conditional license shall specify when and what corrections must be made during the term of the conditional license.

The conditional license shall be issued for a specific periods, not to exceed one year, or the remaining period of the previous full license, whichever the department determines appropriate based on the laws and rules violated.

C. Sanctions and Corrective Actions

(1) Options Available to the Department.

Whenever the department finds that a person operating a Residential Child Care Facility or an applicant is not in compliance with any applicable rules, the department may take certain actions. The department shall notify the licensee of the opportunity to request an administrative hearing or shall file a complaint with the Administrative Court in accordance with the Maine Administrative Procedure Act, 5 MRSA 58001 et seq. (pursuant to 22 MRSA §7802 (3)(D)).

a. Notification of Action and Order of Correction. The department except in cases of emergency, shall ensure that every notification of action and order of correction is in writing and provided to the facility 15 days in advance of the final date of correction.

i. Content of Orders. Orders of Correction shall be in writing and shall include an identification of the law and regulations violated, reasons for citing the violations. period of time within which the violations must be corrected, notice of the licensee's right to request a hearing, if so desired, and the consequences of failure to meet conditions or request a hearing.

ii. Sending of orders. Orders of Correction shall be sent to the administrative officer of the facility and a copy shall be sent to the governing body of the facility.

b. Refusal to Issue or Renew. When an applicant fails to comply with applicable law and rules, the department may refuse to issue or renew the license.

c.* Issuance of Conditional License. If, at the expiration of a full or provisional license or during the term of a full license the facility fails to comply with applicable law and rules and, in the Judgment of the commissioner, the best interest of the public would be served, the department may issue a conditional license or change a full license to a conditional license.

d. Voiding a Conditional License. Failure by the conditional licensee to meet the conditions specified by the department shall permit the department to void the conditional license or refuse to issue a full license. The conditional license shall be void when the department has delivered in hand or by certified mail a written notice to the licensee or, if the licensee cannot be reached for service in hand or by certified mails has left written notice thereof at the agency or facility. The term "licensee" means the person, firm, corporation or association to whom a conditional license has been issued.

e. Amend or Modify a License. The department may amend or modify a license as referred to in 22 MRSA §7802(5)(B).

f. Emergency Suspension. Whenever, upon investigation, conditions are found which, in the opinion of the department, immediately endanger the health or safety of persons living in or attending a facility, the department may request the Administrative Court for an emergency suspension pursuant to 4 MRSA §1153.

g. Suspension, Revocation. Any license issued may be suspended or revoked for violation of applicable law and rules, committing, permitting, aiding or abetting any illegal practices in the operation of the facility or conduct or practices detrimental to the welfare of persons living in or attending the facility. When the department believes that a license should be suspended or revoked, it shall file a complaint with the Administrative Court as provided in the Maine Administrative Procedure Act, 5 MRSA §10001.

(2) Facility's Appeal Procedures

Once the department determines that a licensee is not in compliance with a regulation and has determined what action shall be taken, the facility may avail itself of the following:

a. Request for Administrative Hearing. Within 10 days of receipt of the Order of Correction the facility may file a written request with the department for an administrative hearing. If the request for hearing is received within this period, the proposed action will not take effect until after the hearing. In any proceeding determined by the department to involve issues of substantial interest, the department shall notify the public in accordance with 5 MRSA §9052.

b. Failure to Request a Hearing. In the event the facility falls to request a hearing within 10 days of the notice of action, the action will take effect at the expiration of the 10 day period.

c. Appeal Procedures: A facility aggrieved by a court order or hearing decision may appeal the decision by the following means:

d. Administrative Hearing. A facility aggrieved by a decision issued as a result of the department's administrative hearing, may file, within 30 days of the notice of the decisions. a complaint with the Superior Court as provided in 5 MRSA §11002.

e. Administrative Court. A facility aggrieved by the decision of the Administrative Court shall be entitled to judicial review in Superior Court as provided in 5 MRSA 5511001 et seq.

f. Supreme Judicial Court. A facility aggrieved by the decision of the Superior Court shall be entitled to judicial review in the Supreme Judicial Court as provided in 5 MRSA §11008.

(3) Reapplication Following Adverse Actions.

A facility which has been denied a provisional license, issued a conditional license or whose current license has been modified, conditionalized, suspended, revoked, voided or refused for renewal may reapply for licensure when the deficiencies identified by the department have been corrected.

6. SPECIAL MODULE RULES

A. Education Rules - Residential Child Care Facility with an Education Program.

Those facilities directly providing an educational program shall comply with the Core Rules and the following Special Rules directed towards the provision of an educational program.

(1) Program and Services

The facility shall comply with those rules promulgated by the Department of Education whose authority is contained in, but not limited to, 20-A MRSA 258-A, 2901 et seq., 2907, 4501 et seq., 6801-A, 7003, 7204, and 7207-B. Rules relating to basic school approval are found in Chapter 125; rules relating to the provision of special education programs and services are found in Chapter 101; and rules relating to school approval for non-traditional limited purpose schools are found in Chapter 250 of the Department's rules.

(In those instances when the requirements in the areas of health; hygiene; safety and/or immunization are more stringent in the core rules, the requirements of the core rules shall apply.)

B. Substance- Abuse Treatment Rules - Residential Child Care Facility with a Substance Abuse Treatment Program.

Those facilities directly providing a substance abuse treatment program shall comply with the Core Rules and the following Special Rules directed towards the provision a substance abuse treatment program, pursuant to the rulemaking and licensing authority of 22 MRSA §7801 and 22 MRSA §8001 et sea.

(1) Organization

a. Rights of Privacy and Confidentiality (Refer to 4.A.7., Core Rules).

i. The facility shall notify the child's guardian of placement unless the child:

(a) Is under the direct care of a licensed osteopath, physician, psychologist, substance, abuse counselor or social worker; and

(b) Does not consent to notification of the guardian.

ii. The facility shall adhere to the "Notice to Patients of Federal Confidentiality Requirements" as contained in 42 C.F.R. §2.22. Such notice shall be in writing at time of admission and be in a form approved by the Office of Alcohol and Drug Abuse Prevention.

iii. A copy of the above statement shall be signed by the child and may be signed by the guardian if appropriate, and placed into the child's case record.

(2) Program and Services

Medications (Refer to 4.C.8.e., Core Rules). The facility shall inventory and certify on a weekly basis the balance on hand of all drugs identified by the Comprehensive Drug Abuse Prevention and Control Act of 1970, Chapter 13, 21 USCS §801 et seq., as amended.

(3) Personnel

a. Volunteers (Refer to 4.D.3, Core Rules). The facility's plan shall additionally specify how it utilizes volunteers within the substance abuse component of the program.

b. Personnel Qualifications (Refer to 4.D.6., Core Rules). (Non-waiverable) . The facility shall employ at least one Licensed Substance Abuse Counselor as an employee of the substance abuse treatment program.

c. Information Provided to Staff, Volunteers and Students (Refer to 4.D.9.b., Core Rules). The facility shall additionally make available to staff a current copy of the directory identifying alcohol and substance abuse services, public and private social service providers. (Copies shall be provided by OADAP, Department of Human Services, State House Station #11, Augusta, ME 04333).

d. Staff Training (Refer to 4.D.9.c., Core Rules).

The facility shall within the 12 months of employment train staff to recognize symptoms of the potential abuse of prescription drugs and the effects of such abuse. Documentation of such training shall be placed in the staff members personnel file.

(4) Admission and Discharge

a. Referral Process (Refer to 4.E.1., Core Rules).'

Refusals. If a child is refused admission, the facility shall, in conjunction with the placement agency, facilitate referral of the child to alternative community resources for substance abuse.

b. Service Planning (Refer to 4.E.6., Core Rules). The facility shall, within each child's service plan, provide consideration of substance abuse problems including:

i. Short and long-term substance abuse treatment goals; and

ii. A description of the type and frequency of substance abuse counseling/education to be provided which shall include at least 10 hours per week of formalized substance abuse treatment including one or more of the following: substance abuse education, group counseling and/or individual counseling.

c. Periodic Review (Refer to 4.E.6.e., Core Rules). The facility shall review the substance abuse portion of each service plan at least monthly.

d. Termination Procedures (Refer to 4.E.8., Core Rules).

i. Discharge Criteria. The facility shall determine the successful completion of a child's program through at least the following criteria:

(a) The child has demonstrated socially acceptable behavior in recreational and social pursuits; and

(b) The child has attained the goals established within his/her service plan.

ii. Aftercare. Within each child's service plan, the facility shall include a written description of aftercare services to be provided by the facility unless alternative arrangements have been made. Such services shall include:

(a) Provision for period monitoring of the child's situation at least every 90 days;

(b) Provision for re-entry into the facility or for facilitating placement into another treatment program if necessary; and

(c) Provision for continuation of aftercare services for a minimum of one (1) year.

iii. Refusal of Aftercare Services. If aftercare services are refused the reason(s) for refusal shall be documented in the child's record.

(5) Environment and Safety

Nutrition. (Refer to 4.F.5.c., Core Rules.) The facility shall additionally provide for the periodic review of meal menus for nutritional balance by a Registered Dietitian at not less than 90 day intervals.

C. Mental Health Treatment Rules - Residential Child Care Facility with a Mental Health Treatment Program.

Those facilities directly providing a mental health treatment program shall comply with the Core Rules and the following Special Rules directed towards the provision of a mental health treatment program, pursuant to rulemaking and licensing authority of 34B MRSA §1203.

(1) Administrative Policies and Plans

Child Management (Refer to 4.B.4., Core Rules). A facility directly providing a mental health treatment program shall ensure that any use of isolation exceeding 30 minutes shall be clinically authorized for continuance with reauthorization required every two (2) hours thereafter. Such authorization shall be documented in a manner which facilitates review.

(2) Personnel

a. Staff Training (Refer to 4.D.9.c., Core Rules). A facility directly providing a mental health treatment program shall additionally within its staff training plan provide in-service or external training which includes, but is not limited to the developmental, emotional and behavioral mental health issues appropriate to the mental and physical capabilities of children in care and their ages.

b. Staff Supervision (Refer to 4.D.10., Core Rules). A facility directly providing a mental health treatment program shall provide clinical supervision to all staff providing mental health services. Such supervision shall:

i. Occur no less than two (2) hours per month or in accordance with requirements of the specific professional licensure or certifications whichever is greater;

ii. Include the discussion and review of children's clinical concerns; and

iii. Include general case dynamic issues.

(3) Admission and Discharge

a. Clinical Consultant (Refer to 4.E.6.c., Core Rules). (Non-waiverable) A facility directly providing a mental health program shall have written evidence that the person acting as clinical consultant shall hold a current Maine license as a clinical social worker, a clinical psychologist or be a board certified psychiatrist. The clinical consultant shall:

i. Provide clinical supervision in the development of a child's individual service plan and its periodic review; and

ii. Supervise the facility's review of clinical services at least every six (6) months including a determination as to whether the treatment to each child has been adequate and effective in conjunction with relevant professional standards.

(a) Such findings shall be addressed in the clinical supervision of staff providing mental health services; and

(b) Such findings shall be addressed in the annual program evaluation of the facility. (Refer to 4.B.1.)

EFFECTIVE DATE: September 9, 1982

AMENDED: March 15, 1989

EFFECTIVE DATE (ELECTRONIC CONVERSION): May 19, 1996

NON-SUBSTANTICE CORRECTIONS:

October 28, 1997 - minor spelling and formatting.

APAO WORD VERSION CONVERSION (IF NEEDED) AND ACCESSIBILITY CHECK: July 15, 2025

Chapter 26 Rules Relating to Reorganization of School Administrative Districts

Code Me. R. 05-071 Ch. 26 Rules Relating to Reorganization of School Administrative Districts. {#sec-05-071-ch.-26 omnilex-key=us-me-regs-official--dept-education-and-state-board-education--05-071 Ch. 26}

SUMMARY: These rules specify the types of data to be used in determining school closing issues and identify responsibilities for implementing 20-A MRSA 1407.

Section 1. Definitions

A. Base Year is as defined in 20-A MRSA § 15603(6). For clarification, the term "base year" in these rules shall be considered to be the most recent such base year.

B. Elementary School is as defined in 20-A, MRSA § 1(10).

C. Elementary School closing is any action or actions by the S.A.D. that have the effect of providing no instruction for any students at an elementary school.

D. Member Municipality is that member municipality of an S.A.D. in which is located an elementary school which the S.A.D. is considering, or has voted to, close.

E. S.A.D., is that school administrative district which is considering, or has voted to, close one of its elementary schools in accordance with 20-A MRSA § 1407 and these rules.

Section 2. Required Actions to Close an Elementary School

A. Before an elementary school may be dosed in accordance with Title 20-A MRSA § 1407 and these rules, each of the required actions in paragraphs B - E below must be implemented, in the sequences indicated.

B. The first requirement is for the S.A.D. to submit to the Department and to the member municipality all of the cost data and explanations that are described in Section 3, paragraph 1 of these rules.

C. If the member municipality wishes to comment on the compliance of the cost data in paragraph B with Title 20-A MRSA § 1407 and these rules, then it must deliver written comments to the Department within 10 days of the receipt of the cost data from the SAD.

D. Within 20 days of the receipt of the cost data from the S.A.D. or within 10 days of the receipt of comments from the member municipality, whichever comes later, the Department will complete a review of the cost data and explanations submitted by the S.A.D. and any comments that may be submitted by the member municipality, and advise the S.A.D. and the member municipality of one of the following:

(1) a statement that the cost data submitted by the S.A.D. in accordance with paragraph B are considered to be in compliance with 20-A MRSA § 1407 and these rules, and the cost that will be incurred by the member municipality; or

(2) a statement that the cost data submitted by the S.A.D. in accordance with paragraph B are not in compliance with 20-A MRSA § 1407 and/or these rules, and must be resubmitted in accordance with paragraph B.

E. If a majority of those voting in the member municipality referendum vote to keep the elementary school open for a school year, then that elementary school will remain open and the member municipality will assume the obligation of paying to the SAD., for that school year, the additional funds as specified in paragraph W.

Section 3. Computation of Costs Associated With Closing An Elementary School

A. The following cost and related data shall be prepared and submitted by the SAD. to the Department, as prescribed in Section 2, paragraph B.

(1) All costs shall be calculated from actual base year operating costs, transportation costs, and minor capital costs that satisfy the following criteria:

a. the costs are associated only with the elementary school that the S.A.D. Board of Directors is considering dosing, or which may be reasonably pro-rated to that school, and

b. the costs would be expected to have been different in the base year if this elementary school had been closed during the base year.

(2) Costs to be considered will include, but are not necessarily limited to:

a. building costs such as heating and maintenance expenses, base costs of telephones and other utilities;

b. school staff salaries and the S.A.D. share of benefit costs, for school staff who directly work with the pupils attending that elementary school or who serve the elementary school building; and

c. transportation operating costs if bus routes would change as a result of a closing.

(3) Costs that are not considered include, but are not necessarily limited to:

a. salaries and benefits for central office staff and staff of other schools in the S.A.D.;

b. text books, furniture, instructional equipment, supplies, and other materials that would be required regardless of where the students were taught.

(4) Two sets of cost data will be computed:

a. actual and/or prorated base year costs for the elementary school during the base year, and

b. estimated costs of educating those students who attended the elementary school during, the base year, if those students had attended other schools of the S.A.D. during the base year.

(5) In determining the amount of the costs in paragraph A.4.b., the following applies:

a. The S.A.D. must justify any reduction in the cost of salaries and benefits of any classroom teachers by demonstrating that all pupils of the elementary school could have been reassigned to the classrooms of other teachers without making any class larger than whatever maximum class size statutes, Department of Education rules, or S.A.D. policy were in effect during that base year. A written account of, his justification must be provided with the cost data.

b. If the principal of the elementary school is a teaching principal then the policy in paragraph A.5.a. also applies to that teaching principal.

c. The amount of the reduction in salaries and benefits shall be computed as the number Of reduced teaching positions times the average salary and benefit cost for elementary teachers in the S.A.D.

(6) The S.A.D. will also provide:

a. the amount, and nature, of each type of source data that is used by the S.A.D in these calculations and the basis for each pro-rating that is performed, in sufficient detail to permit an independent verification of the accuracy of the cost data and its validity for use with 20-A MRSA § 1407 and these rules.

b. the proposed closing date of the elementary school, the number of days in the S.A.D. school year which the elementary school will be closed, and the number of days in the school year for which the elementary school will be closed if the school closing plan is implemented.

B. The Department shall determine, from official Department records, the pupil membership count of the elementary school which are used for subsidy purposes, for:

(1) The October 1st membership count of the elementary school for the base year will be used to compute the two base year per pupil costs.

(2) The most recent October 1st membership count of the elementary school will be used to compute the total cost that will be incurred by the municipality if the elementary school remains open contrary to the affirmative vote by the SAD. Board of Directors to close the school.

C. The Department shall compute the total amount of funds to be paid to the S.A.D. by the member municipality if its elementary school remains open contrary to an affirmative vote by the S.A.D. Board of Directors to close the elementary school, as follows:

(1) Two per pupil costs are computed.

a. One per pupil cost is estimated per pupil cost of the elementary school in the base year. The per pupil cost is computed by dividing the cost amount in paragraph A.4.a. by the pupil count in paragraph B.1.

b. The other per pupil cost is the estimated cost for educating a pupil that attended the elementary school in the base year, if that elementary school had been closed and the students were educated in other S.A.D. schools. The per pupil cost is computed by dividing the cost amount in paragraph A.4.b. by the pupil count in paragraph B.1.

(2) The difference between

a. the per pupil cost computed in accordance with paragraph C.1.a., and

b. 110% of the per pupil cost computed in accordance with paragraph C.1.b. is computed.

(3) The cost to be incurred by the member municipality for keeping the elementary school open, if this school remains open, for an entire school year following the date established by the S.A.D. Board of Director's in their vote to close the school, is the product of:

a. the difference computed in paragraph C.2., and

b. the pupil count in paragraph B.2.

(4) If the school is not closed for an entire school year, the cost to be incurred by the member municipality shall be prorated. The proration shall be based on the portion of the S.A.D. school year during which the elementary school remains open contrary to the affirmative vote by the S.A.D. Board of Directors to close the school.

AUTHORITY: 20-A MRSA § 1409

EFFECTIVE DATE: September 30, 1989

EFFECTIVE DATE (ELECTRONIC CONVERSION): May 19, 1996

05-071 Chapter 26 page 1

Chapter 28 Closing a School in the Unorganized Territory

Code Me. R. 05-071 Ch. 28 Closing a School in the Unorganized Territory {#sec-05-071-ch.-28 omnilex-key=us-me-regs-official--dept-education-and-state-board-education--05-071 Ch. 28}

Summary: This chapter sets forth requirements for the closing of a school operated within Maine's unorganized territory.

SECTION 1. Closing a School

Prior to closing a school in the unorganized territory, the Commissioner of Education shall hold a public hearing in the area served by that school. The public hearing shall be held at least one year prior to the proposed date of closure.

History

• STATUTORY AUTHORITY: 20-A M.R.S.A. §3301(8); Resolve 2007 ch. 7
• EFFECTIVE DATE: June 9, 2007 – filing 2007-186, major substantive

Chapter 33 Rule Governing Physical Restraint and Seclusion

Code Me. R. 05-071 Ch. 33 Rule Governing Physical Restraint and Seclusion {#sec-05-071-ch.-33 omnilex-key=us-me-regs-official--dept-education-and-state-board-education--05-071 Ch. 33}

SUMMARY: Pursuant to 20-A M.R.S.A. §4014 (5), this rule establishes standards and procedures for the use of physical restraint and seclusion. Physical restraint and seclusion may only be used as an emergency intervention when the behavior of a student poses an imminent danger of serious physical injury to the student or another person. The rule sets forth permitted and unlawful uses of restraint and seclusion, required notification and documentation of incidents of restraint or seclusion, aggregate reporting of incidents to administrators and the department of education, notification of parents, response to multiple incidents of restraint or seclusion of a student, local and state complaint processes and department approval of training programs.

SECTION 1. POLICY AND PURPOSE

This rule establishes standards for the use of physical restraint and seclusion to provide for the safety of all individuals. Physical restraint and seclusion may only be used as an emergency intervention when the behavior of a student poses an imminent danger of serious physical injury to the student or another person.

SECTION 2. DEFINITIONS

Aversive Procedure means the use of a substance or stimulus, intended to modify behavior, which the person administering it knows or should know is likely to cause physical and/or emotional trauma to a student, even when the substance or stimulus appears to be pleasant or neutral to others. Such substances and stimuli include but are not limited to: infliction of bodily pain, (e.g. hitting, pinching, slapping), water spray, noxious fumes, extreme physical exercise, costumes, or signs.

Behavior Intervention Plan (BIP) is a comprehensive plan for managing problem behavior by changing or removing contextual factors that trigger or maintain it, and by strengthening replacement skills.

Chemical Restraint means a drug or medication that is not prescribed as the standard treatment of a student's medical or psychiatric condition by a licensed physician or other qualified health professional acting under the scope of the professional's authority under state law that is used on a student to control behavior or restrict freedom of movement. 20-A M.R.S.A.§4014 (1)(A)

A. Under this rule, the following is not considered unlawful restraint and does not require an incident report:

• 1. Prescribed medications, for the standard treatment of a student's medical or psychiatric condition, by a licensed physician or other qualified health professional; when administered by a health care provider, and consistent with a student’s health care plan.

Covered Entity means an entity that owns, operates, or controls a school or educational program that receives public funds from the department, including, but not limited to, public schools, public regional programs, public charter schools, private schools, private schools approved for tuition purposes, special purpose private schools, career and technical education programs, public prekindergarten programs, and providers of services pursuant to the provisions of the federal Individuals with Disabilities Education Act, Parts B and C, 20 United States Code, Section 1401 et seq. (2015). 20-A M.R.S.A.§4014 (1)(B)

De-Escalation is the use of behavior management techniques intended to cause a situation involving problem behavior of a student to become more controlled, calm, regulated and less dangerous, thus reducing the risk for injury or harm.

6. Emergency is a sudden, urgent occurrence, usually unexpected but sometimes anticipated, that requires immediate action.

7. Functional Behavioral Assessment (FBA) is a school-based process that includes the parent and, as appropriate, the child, to determine why a child engages in challenging behaviors and how the behavior relates to the child’s environment. The term includes direct assessments, indirect assessments and data analysis designed to assist the team to identify and define the problem behavior in concrete terms, identify the contextual factors (including affective and cognitive factors) that contribute to the behavior, and formulate a hypothesis regarding the general conditions under which a behavior usually occurs and the probable consequences that maintain the behavior. Formal documentation of the assessment by appropriately qualified individuals becomes part of the child’s educational record.

8. Imminent Danger describes a situation in which a student has:

1. the means to cause physical harm or injury to self or others; and
2. injury or harm is likely to occur; such that a reasonable and prudent person would take steps to protect the student and others against the risk of such injury or harm.

9. Incident means all actions from the time a student’s behavior begins to create a risk of harm, to the time the student ceases to pose a risk of harm and returns to their regular programming.

10. Individualized Education Plan (IEP) is a term used under special education law to reference the written document that states goals, objectives and services for students receiving special education.

11. Individual Health Plan (IHP) is a plan of action for a student with special health care needs, actual and potential. It is an adaptation of the nursing care plans commonly used in health care institutions.

12. Mechanical Restraint means the use of a device to restrict a student's freedom of movement. 20-A M.R.S.A.§4014 (1)(C)

Under this rule, the following are not considered unlawful restraint , and do not require an incident report:

The use of vehicle safety restraints when used as intended during the transport of a student in a moving vehicle; 20-A M.R.S.A.§4014 (1)(I)

Adaptive devices or mechanical supports, employed to achieve proper body position, balance or alignment to allow greater freedom of movement than would be possible without the use of such devices or supports. 20-A M.R.S.A.§4014 (1)(I) The use of prescribed equipment or device must be:

• • 1. Part of a treatment plan, as prescribed by a licensed health care provider. 2. Supervised by a qualified and trained individual in accordance with professional standards.

13. Parent means a parent, as defined in Title 20-A M.R.S.A. section 1, subsection 20, with legal

custody of a minor child, except that the “parent” of a child with disabilities means a parent as defined in the federal Individual with Disabilities Education Act, 20 United States Code, Section 1401 (23).

14. Physical Escort means the temporary, touching or holding of the hand, wrist, arm, shoulder, or back to induce a student to walk to a safe location. 20-A M.R.S.A.§4014 (1)(D)

15. Physical Prompt means a teaching technique that involves voluntary physical contact with a student that enables the student to learn or model the physical movement necessary for the development of a desired competency 20-A M.R.S.A.§4014 (1)(E)

16. Physical Restraint means a personal restriction that immobilizes or reduces the ability of a student to move the arms, legs, or head freely. 20-A M.R.S.A.§4014 (1)(F) and includes physically moving a student who has not moved voluntarily.

A. The following are not considered physical restraint:

Mechanical restraint as defined in Sec. (2)(12); 20-A M.R.S.A.§4014 (1)(F)

Chemical restraint as defined in Sec. (2)(3); 20-A M.R.S.A.§4014 (1)(F)

Physical prompt as defined in Sec. (2)(15); 20-A M.R.S.A.§4014 (1)(F)

Physical escort as defined in Sec. (2)(14); 20-A M.R.S.A.§4014 (1)(F)

Physical contact when the purpose of the intervention is to comfort a student and the student voluntarily accepts the contact;

Protective physical interventions as defined in Sec. (2)(18).

17. Positive Alternatives are a set of instructional and environmental supports to teach students pro- social alternatives to problem behaviors with high rates of positive feedback.

18. Protective Physical Interventions are used when a student’s actions would be harmful to themselves or others, and involve physical contacts that serve to deflect, block, or redirect the student’s action or disengage from a student’s inappropriate grip, but from which the student could move freely away.

19. School Day is a day in which a school or program is in operation as an instructional day and/or a teacher in-service day.

20. Seclusion means the involuntary isolation or confinement of a student alone in a room or clearly defined area from which the student does not feel free to go or is physically denied exit. "Seclusion" does not include a timeout as defined in Sec. (2)(25) . 20-A M.R.S.A.§4014 (1)(G)

21. Section 504 Plan refers to a written plan of modifications and accommodations under Section 504 of the Rehabilitation Act and the Americans with Disabilities Act.

22. Serious Bodily Injury is any bodily injury that involves:

A substantial risk of death;

Extreme physical pain;

Protracted and obvious disfigurement; or

Protracted loss or impairment of the function of a bodily member, organ, or mental faculty.

23. Serious Physical Injury is any impairment of the physical condition of a person, whether self‐inflicted or inflicted by someone else, that requires a medical practitioner, including, but not limited to, a school nurse, to evaluate and/or to treat the person. 20-A M.R.S.A.§4014 (G)(1).

24. Student is a child or adult aged 3 to 22, enrolled in a school or a program owned, operated or controlled by a covered entity as defined in this section

25. Timeout is an intervention where a student requests, or complies with an adult request for a break. Timeout, as defined here, is not seclusion 20-A M.R.S.A.§4014 (1)(H).

26. "Unlawful Restraint or Seclusion" means:

1. Mechanical restraint, 20-A M.R.S.A.§4014 (1)(I)(1) as defined in Sec. (2)(12) ;
2. Chemical restraint, 20-A M.R.S.A.§4014 (1)(I)(2) as defined in Sec. (2)(3) ;
3. Physical restraint or physical escort that is life-threatening, restricts breathing or blood flow to the brain, including prone restraint; or 20-A M.R.S.A.§4014 (1)(I)(3)
4. Physical restraint or seclusion that is contraindicated based on Title 34-B, section 3003 or section 15002 or the student's disability or health care needs or medical or psychiatric condition as documented in: 20-A M.R.S.A.§4014 (1)(I)(4) 1. A health care directive or medical management plan; 20-A M.R.S.A.§4014 (1)(I)(4)(a) 2. A behavior intervention plan; 20-A M.R.S.A.§4014 (1)(I)(4)(b) 3. An individual education plan or an individual family service plan, as defined in the federal Individuals with Disabilities Education Act, 20 United States Code, Section 1401 et seq. (2015); or 20-A M.R.S.A.§4014 (1)(I)(4)(c) 4. A plan developed pursuant to the federal Rehabilitation Act of 1973, 29 United States Code, Section 794 (2015) or the federal Americans with Disabilities Act of 1990, Title II, 42 United States Code, Section 12131 et seq. (2009). 20-A M.R.S.A.§4014 (1)(I)(4)(d).

27. Voluntary means that a student cooperates with a request, independent of staff using physical force for the purpose of overcoming a student’s resistance.

SECTION 3. APPLICATION OF RULE

Actions covered

This rule applies to actions of a covered entity and its employees, contractors, and agents during the conduct of the covered entity’s educational program.

Contracts with non-covered entities

The Department of Education and any covered entity that places or funds the placement of a student in an educational program owned, operated or controlled by an entity other than a covered entity must include in the contract with that other entity a requirement that the entity and its employees, contractors and agents comply with the rule while the student is engaged in the educational program.

Relationship to Statutory Protection

Nothing in this rule may be construed to restrict or limit the protections afforded under 20-A M.R.S.A.§4009. The application of those protections to a person does not in any way relieve that person from the requirements and restrictions of this rule.

SECTION 4. LOCAL POLICY; NOTICE TO PARENTS

Local Policy Required

All covered entities shall have local policies, consistent with statute 20-A M.R.S.A.§4014 and this rule, regarding the use of physical restraint and seclusion. Covered entities must also have a procedure available by which parents may submit a complaint regarding the use of physical restraint or seclusion on their child, based upon which the covered entity shall investigate the circumstances surrounding the incident complained of, make written findings and, where appropriate, determine to take corrective action.

Covered entities shall revise existing policies or develop policies consistent with this rule within 90 calendar days of the effective date of this rule.

Annual notification of rule and local policies

Annually, each covered entity shall provide overview and awareness information to all staff, including contracted providers, regarding the content of this rule and any local policies or procedures related to the use of physical restraint and seclusion.

Each covered entity shall provide an annual notice informing parents of students enrolled at the covered entity of this rule and any local policies or procedures related to the use of physical restraint and seclusion, including the local complaint process.

SECTION 5. SECLUSION

Permitted uses of seclusion:

A covered entity that receives state or federal assistance may not subject a student to unlawful restraint or seclusion. A covered entity may use seclusion only if: 20-A M.R.S.A.§4014 (2)

A. Seclusion is used only as an emergency intervention.

B. The student’s behavior poses an imminent danger of serious physical injury to the student or another person; 20-A M.R.S.A.§4014 (2)(A)

C. Less restrictive interventions would be ineffective in stopping imminent danger of serious physical injury to the student or another person. 20-A M.R.S.A.§4014 (2)(B)

D. The seclusion ends immediately upon the cessation of imminent danger of serious physical injury to the student or another person. 20-A M.R.S.A.§4014 (2)(C)

• 1. See Sec. (5)(4) “Termination of Seclusion”

E. The least amount of force necessary is used to protect the student or another person from imminent danger of serious physical injury. 20-A M.R.S.A.§4014 (2)(D)

F. Seclusion must be implemented by staff certified in a state-approved training program to the extent possible. If, due to the nature of the emergency, untrained staff have intervened and initiated a seclusion, trained personnel must be summoned to the scene and assume control of the situation as rapidly as possible.

Unlawful seclusion

A. Seclusion may not be used for punitive purposes, staff convenience or to control challenging behavior

B. Seclusion may not be used to prevent property destruction or disruption of the environment in the absence of an imminent risk of serious physical injury to the student or another person.

C. Seclusion may not be used as a therapeutic or educational intervention.

D. Seclusion may not take place in a locked room.

E. Seclusion that is contraindicated based on Title 34-B, section 3003 or section 15002 or the student's disability or health care needs or medical or psychiatric condition as documented in: 20-A M.R.S.A.§4014 (1)(I)(4)

A health care directive or medical management plan; 20-A M.R.S.A.§4014 (1)(I)(4)(a)

A behavior intervention plan; 20-A M.R.S.A.§4014 (1)(I)(4)(b)

An individual education plan or an individual family service plan, as defined in the federal Individuals with Disabilities Education Act, 20 United States Code, Section 1401 et seq. (2015); or 20-A M.R.S.A.§4014 (1)(I)(4)(c)

A plan developed pursuant to the federal Rehabilitation Act of 1973, 29 United States Code, Section 794 (2015) or the federal Americans with Disabilities Act of 1990, Title II, 42 United States Code, Section 12131 et seq. (2009). 20-A M.R.S.A.§4014 (1)(I)(4)(d).

Monitoring of a student in seclusion

1. At least one adult must be physically present to continuously monitor a student in seclusion. The adult, while not present in the room or defined area, must be situated so that the student is visible at all times.

B. Students must be continuously monitored until the student no longer presents a risk of serious physical injury to the student or another person.

C. In the event of an injury to the student or staff, the local policy for emergency response must be initiated.

Termination of seclusion

The staff involved in the use of seclusion shall continually assess for signs that the student is no longer presenting an imminent risk of serious physical injury to themselves or another person.

1. The seclusion ends immediately upon the cessation of imminent danger of serious physical injury to the student or another person 20-A M.R.S.A.§4014 (2)(C)
2. Time must be recorded consistent with the requirements of the documentation section of this rule and local policy.
3. The covered entity may request assistance from parents at any time during the incident.
4. If attempts to release from seclusion have been unsuccessful and a student is still presenting behaviors that create a risk of serious physical injury to themselves or another person, then the covered entity may request assistance from outside sources such as caregivers, case managers, crisis intervention teams, local EMS, or other community resources.
5. If seclusion continues for more than 10 minutes, an administrator or designee shall determine whether there continues to be a risk of serious physical injury to the student or another person, and if so, shall continue to monitor the status of the seclusion every 10 minutes until the seclusion is terminated

Location of seclusion

Seclusion as defined in Sec. (2)(20) , may occur in any part of a school’s building or premises, with adequate light, heat, ventilation and of normal room height.

A. If a specific room is designated as a seclusion room, it must meet all of the following conditions:

Be a minimum of 60 square feet;

Have adequate light, heat, ventilation;

Be of normal room height;

Contain an unbreakable observation window in a wall or door; and

Be free of hazardous material and objects with which a student could self-inflict bodily injury.

SECTION 6. PHYSICAL RESTRAINT

Permitted uses of physical restraint

A covered entity that receives state or federal assistance may not subject a student to unlawful restraint or seclusion. A covered entity may use physical restraint only if: 20-A M.R.S.A.§4014 (2)

1. Physical restraint is used only as an emergency intervention;

B. The student’s behavior poses an imminent danger of serious physical injury to the student or another person, 20-A M.R.S.A.§4014 (2)(A) and;

C. Less restrictive interventions would be ineffective in stopping imminent danger of serious physical injury to the student or another person. 20-A M.R.S.A.§4014 (2)(B)

D. The restraint ends immediately upon the cessation of imminent danger of serious physical injury to the student or another person. 20-A M.R.S.A.§4014 (2)(C)

See Sec. (6)(4) “Termination of Physical Restraint”

E. The least amount of force necessary is used to protect the student or another person from imminent danger of serious physical injury. 20-A M.R.S.A.§4014 (2)(D)

F. Physical restraint must be implemented by staff certified in a state-approved training program to the extent possible. If, due to the nature of the emergency, untrained staff have intervened and initiated a physical restraint and if the need for physical restraint continues, trained personnel must be summoned to the scene and must assume control of the situation as rapidly as possible

G. Physical restraint may be used to move a student only if the need for movement outweighs the risks involved in such movement.

Unlawful restraint:

Mechanical restraint, 20-A M.R.S.A.§4014 (1)(I)(1) as defined in Sec. (2)(12) ;

Chemical restraint, 20-A M.R.S.A.§4014 (1)(I)(2) as defined in Sec. (2)(3) ;

Physical restraint or physical escort that is life-threatening, restricts breathing or blood flow to the brain, including prone restraint; or 20-A M.R.S.A.§4014 (1)(I)(3)

Physical restraint that is contraindicated based on Title 34-B, section 3003 or section 15002 or the student's disability or health care needs or medical or psychiatric condition as documented in: 20-A M.R.S.A.§4014 (1)(I)(4)

A health care directive or medical management plan; 20-A M.R.S.A.§4014 (1)(I)(4)(a)

A behavior intervention plan; 20-A M.R.S.A.§4014 (1)(I)(4)(b)

An individual education plan or an individual family service plan, as defined in the federal Individuals with Disabilities Education Act, 20 United States Code, Section 1401 et seq. (2015); or 20-A M.R.S.A.§4014 (1)(I)(4)(c)

A plan developed pursuant to the federal Rehabilitation Act of 1973, 29 United States Code, Section 794 (2015) or the federal Americans with Disabilities Act of 1990, Title II, 42 United States Code, Section 12131 et seq. (2009). 20-A M.R.S.A.§4014 (1)(I)(4)(d)

E. Physical restraint may not be used for punitive purposes, staff convenience or to control challenging behavior.

F. Physical restraint may not be used to prevent property destruction or disruption of the environment in the absence of a risk of serious physical injury to the student or another person.

G. No physical restraint may be used that relies on pain for control, including but not limited to joint hyperextension, excessive force, unsupported take-down (e.g. tackle), the use of any physical structure (e.g. wall, railing or post), punching and hitting.

H. Physical restraint may not be used as a therapeutic or educational intervention.

I. Aversive procedures, as defined in Sec. (2)(1) may not be used under any circumstances.

Monitoring of a student in physical restraint

1. At least two adults must be present at all times when physical restraint is used except when, for safety reasons, waiting for a second adult is precluded.
2. A student in physical restraint must be continuously monitored until the student no longer presents a risk of serious physical injury to themselves or another person.
3. In the event of an injury, local policy must be followed.

Termination of physical restraint

The staff involved in the use of physical restraint must continually assess for signs that the student in physical restraint is no longer presenting an imminent risk of serious physical injury to themselves or another person.

A. The physical restraint ends immediately upon the cessation of imminent danger of serious physical injury to the student or another person 20-A M.R.S.A.§4014 (2)(C)

B. Time must be recorded consistent with the requirements of the documentation section of this rule and local policy.

C. The covered entity may request assistance from parents at any time during the incident.

D. If attempts to release the student from physical restraint have been unsuccessful and the student is still presenting behaviors that create a risk of serious physical injury to themselves or another person. The covered entity may request assistance from outside sources such as caregivers, case managers, crisis intervention teams, local emergency medical services, or other community resources.

E. If physical restraint continues for more than 10 minutes, an administrator or designee shall determine whether there continues to be a risk of serious physical injury to the student or another person, and if so, shall continue to monitor the status of the physical restraint every 10 minutes until the physical restraint is terminated.

Emergency First Responders

Emergency first responders including, law enforcement officers or school resource officers employed by a police department, in the course of their professional duties, are not subject to this rule.

SECTION 7. NOTIFICATION OF INCIDENT

Reporting to an Administrator or Designee, others

After each incident involving the use of physical restraint or seclusion, a staff member involved shall:

1. Report to the administrator or designee by oral notification as soon as possible after each incident, but in no event later than the end of the school day of its occurrence, and
2. If the student is receiving their education in an out-of-district placement through a tuition agreement or other agreement, report the incident to the entity

responsible for the student’s education within 24 hours or by the end of the next business day.

Notification to parents

1. An administrator or designee shall notify the parent that physical restraint or seclusion and any related first aid have occurred as soon as practical but within the school day in which the incident occurred, utilizing all available phone numbers and other appropriate means. 1. If the parent is unavailable, a phone message must be left for the parent to contact the school as soon as possible. 2. If a parent does not have access to a phone, the entity must use whatever contact information is available for emergencies. 3. The parent must be informed that written documentation will be provided to them within 7 calendar days.
2. If a restraint or seclusion has occurred outside the school day, notification of the restraint or seclusion and any related first aid must occur as soon as possible in compliance with the entity’s procedures for emergency situations

Reporting of Serious Bodily Injury or Death

If serious bodily injury, as defined in Sec. (2)(22), or the death of a student occurs during the implementation of restraint or seclusion:

1. Oral notification of the incident must follow local health and safety procedures as outlined by the covered entity’s policies and procedures; and
2. The administrator or designee shall notify the Department of Education within 24 hours or the next business day.

SECTION 8. DOCUMENTATION; INCIDENT REPORT

Incident Report

An “incident” consists of all actions from the time a student begins to create a risk of harm to the time the student ceases to pose a risk of harm and returns their regular programming. See Sec. (2)(9) .

1. Each use of physical restraint or seclusion must be documented in an incident report.
2. The incident report must be completed and provided to an administrator or designee; 1. as soon as practical after the incident, 2. and in all cases within two school days.

C. At a minimum, the incident report must include:

1. Student name;

2. Age, gender, grade;

3. Does the student have an Individualized Education or 504 Plan

4. Location of the incident;

5. Date of incident;

6. Date of report;

7. Person completing the report;

8. Incident start and end time;

9. Total time of incident;

10. Total number of uses of seclusion within the incident period;

1. Beginning and ending time of each use of seclusion within the incident period;
2. A detailed description of each use of seclusion within the incident period;

11. Total number of uses of physical restraint within the incident period;

Beginning and ending time of each use of physical restraint within the incident period;

A detailed description of each use of physical restraint within the incident period;

12)Description of prior events and circumstances;

13. Less restrictive interventions tried prior to the use of physical restraint or seclusion. If none used, explain why;

14. The student behavior that justified the use of physical restraint or seclusion;

15. The staff person(s) involved, their role in the use of physical restraint and/or seclusion and their certification, if any, in an approved training program;

16. Description of the incident, including the resolution and process of return to program, if appropriate;

17. If a student sustained bodily injury, the date and time of nurse or response personnel notification and the treatment administered, if any;

18. If a staff member sustained bodily injury, the date and time of nurse or response personnel notification and the treatment administered, if any;

19. Date, time, and method of parent notification; and

20. Date, time of staff debriefing.

Incident Report Provided to Parents, others

A copy of the incident report must be provided, within 7 calendar days of the incident to:

1. The parent; and
2. If the student is receiving their education in an out-of-district placement through a tuition agreement or other agreement, the entity responsible for the student’s education.

SECTION 9. RESPONSE TO THE USE OF PHYSICAL RESTRAINT OR SECLUSION

Debriefing

1. Following each incident involving the use of physical restraint or seclusion, the covered entity shall ensure that, within two school days, an administrator or designee reviews the incident: 1. With all staff persons who implemented the use of physical restraint or seclusion to discuss: 1. Whether the use of restraint or seclusion was implemented in compliance with this rule and local policies, and 2. How to prevent or reduce the future need for physical restraint and/or seclusion; and 2. With the student who was restrained or secluded to discuss: 1. triggered the student’s escalation; and 2. the student and staff can do to reduce the future need for restraint or seclusion.
2. When physical restraint or seclusion has resulted in serious bodily injury, as defined in Sec. (2)(22), to a student or staff member requiring emergency medical treatment, the debriefing must take place as soon as possible but no later than the next school day.
3. Following the debriefing, staff must develop and implement a written plan for response and de-escalation for the student, or, if a plan already exists, staff must review and, if appropriate, revise it.

Multiple Incidents of Physical Restraint and Seclusion

1. Special Education/504 Students: After every three incidents of physical restraint or seclusion in a school year of a student who has been found eligible for special education or has a Section 504 plan: 1. The student’s IEP or 504 team shall meet within 10 school days to discuss the incident and consider the need to conduct an FBA and/or develop a BIP or amend an existing one. 2. Schools are not required to hold more than one meeting within any 30-school-day period, notwithstanding requirements in Section 9, subsection 2, paragraph A.
2. For all other students: For students not described in Paragraph A, a team shall meet within ten school days of every three incidents in a school year to discuss the incidents. 1. The team shall consist of the parent, an administrator or designee, a teacher for the student, a staff member involved in the incident (if not the teacher or administrator already invited), and other appropriate staff members. 2. The team shall consider the appropriateness of a referral to special education and, regardless of whether a referral to special education is to be made, the need to conduct an FBA, and/or develop a BIP. 3. Schools are not required to hold more than one meeting within any 30-school-day period, notwithstanding requirements in Section 9, subsection 2, paragraph B.
3. Nothing in this section is meant to prevent the completion of an FBA or BIP for any student who might benefit from these measures but who has had fewer than three restraints or seclusions.

Parent Participation

The covered entity shall make reasonable, documented efforts to encourage parent participation in the meetings required in subsection 2 of this section and to schedule them at times convenient for parents to attend.

A covered entity may not seek written permission from a parent to provide restraint and seclusion to a student.

SECTION 10. CUMULATIVE REPORTING

Building level reporting, and analysis

A cumulative report by building must be made to the superintendent or chief administrator on a quarterly and annual basis to include:

1. Seclusion: 1. total number of incidents see Sec. (2)(9) that include the use of seclusion; 2. the aggregate number of uses of seclusion; 20-A M.R.S.A.§4014 (3)(B) 3. the aggregate number of students placed in seclusion; 20-A M.R.S.A.§4014 (3)(D) 4. the aggregate number of students with disabilities and an individualized education program under the federal Individuals with Disabilities Education Act, 20 United States Code, Section 1401 et seq. (2015) or a plan pursuant to the federal Rehabilitation Act of 1973, 29 United States Code, Section 701 et seq. placed in seclusion; 20-A M.R.S.A.§4014 (3)(F) 5. the aggregate number of serious physical injuries to students related to seclusion; 20- A M.R.S.A.§4014 (3)(H) 6. the aggregate number of serious physical injuries to staff related to seclusion; 20-A M.R.S.A.§4014 (3)(J)
2. Physical Restraint 1. total number of incidents see Sec. (2)(9) that include the use of physical restraints; 2. the aggregate number of uses of physical restraint; 20-A M.R.S.A.§4014 (3)(A) 3. the aggregate number of students placed in physical restraint; 20-A M.R.S.A.§4014

(3)(C)

• 1. the aggregate number of students with disabilities and an individualized education program under the federal Individuals with Disabilities Education Act, 20 United States Code, Section 1401 et seq. (2015) or a plan pursuant to the federal Rehabilitation Act of 1973, 29 United States Code, Section 701 et seq. placed in physical restraints; 20-A M.R.S.A.§4014 (3)(E) 2. the aggregate number of serious physical injuries to students related to physical restraint; 20-A M.R.S.A.§4014 (3)(G) 3. the aggregate number of serious physical injuries to staff related to physical restraint; 20-A M.R.S.A.§4014 (3)(I)

The superintendent or chief administrator shall review cumulative reports received as set forth in this section and identify those areas that can be addressed to reduce the future use of physical restraint and seclusion. These cumulative reports may be requested by the Department of Education at any time.

District-level reporting and analysis

Each covered entity shall submit to the department an annual report on incidents of physical restraint and seclusion of students of that covered entity that includes: 20-A M.R.S.A.§4014 (3)

1. Seclusion: 1. total number of incidents see Sec. (2)(9) that include the use of seclusion; 2. the aggregate number of uses of seclusion; 20-A M.R.S.A.§4014 (3)(B) 3. the aggregate number of students placed in seclusion; 20-A M.R.S.A.§4014 (3)(D) 4. the aggregate number of students with disabilities and an individualized education program under the federal Individuals with Disabilities Education Act, 20 United States Code, Section 1401 et seq. (2015) or a plan pursuant to the federal Rehabilitation Act of 1973, 29 United States Code, Section 701 et seq. placed in seclusion; 20-A M.R.S.A.§4014 (3)(F) 5. the aggregate number of serious physical injuries to students related to seclusion; 20- A M.R.S.A.§4014 (3)(H) 6. the aggregate number of serious physical injuries to staff related to seclusion; 20-A M.R.S.A.§4014 (3)(J)
2. Physical Restraint 1. total number of incidents see Sec. (2)(9) that include the use of physical restraints; 2. the aggregate number of uses of physical restraint; 20-A M.R.S.A.§4014 (3)(A) 3. the aggregate number of students placed in physical restraint; 20-A M.R.S.A.§4014

(3)(C)

• 1. the aggregate number of students with disabilities and an individualized education program under the federal Individuals with Disabilities Education Act, 20 United States Code, Section 1401 et seq. (2015) or a plan pursuant to the federal Rehabilitation Act of 1973, 29 United States Code, Section 701 et seq. placed in physical restraints; 20-A M.R.S.A.§4014 (3)(E) 2. the aggregate number of serious physical injuries to students related to physical restraint; 20-A M.R.S.A.§4014 (3)(G) 3. the aggregate number of serious physical injuries to staff related to physical restraint; 20-A M.R.S.A.§4014 (3)(I)

SECTION 11. COMPLAINT PROCESS

Local Complaint Process

Parent complaints related to restraint and seclusion must be submitted to the covered entity in accordance with local policy and procedure.

Department of Education Complaint Process

Any parent who is dissatisfied with the result of the local complaint process may file a complaint with the Department of Education (DOE),

1. A complaint is not considered an appeal of that local process.
2. Within 60 days of receiving the complaint: 1. The DOE shall review the results of the local complaint process and may initiate its own investigation of the complaint. 2. The DOE shall issue to the complainant parent and the covered entity a written report with specific findings.

i. If a violation is found, the Department shall develop a corrective action plan by which the entity will achieve compliance.

SECTION 12. STAFF TRAINING; APPROVED PROGRAMS

The Department of Education shall maintain a directory of approved training programs on its website at http://maine.gov/education/. The list of approved training programs may include regional training programs and regional “train the trainer” model programs. These training programs must require participants to demonstrate competency to achieve certification, and must include instruction in at least the following core components:

The use of non-physical interventions for responding to potentially dangerous behaviors, including de-escalation and the use of positive alternatives;

Identification of dangerous behaviors that may indicate the need for physical restraint or seclusion and methods for evaluating the risk of harm to determine whether such interventions are warranted;

Instruction and simulated experience in administering safe physical restraint techniques across a range of increasingly restrictive interventions, including the safe movement of a student, and in recognizing and avoiding positions involving a high risk of restraint-related positional asphyxia (restricting a student’s ability to breathe);

The effects of physical restraint and seclusion on a student, including monitoring physical and psychological signs of distress and when to obtain medical assistance in compliance with the covered entity’s procedures for emergency interventions;

The risks and realities of physical restraint and seclusion; and

A review of the process of student and staff debriefing.

Each covered entity shall ensure that a sufficient number of administrators or designees, general and special education staff, maintain certification in an approved training program. A list of staff with the required approved training must be made available in each building office, as well as any central office, along with other school-wide emergency procedures and must be updated at least annually.

SECTION 13: DEPARTMENT OF EDUCATION NON-REGULATORY GUIDANCE

The Department shall annually ensure that teachers and administrators throughout the State are provided with consistent and accurate information regarding the requirements of this rule.

History

• STATUTORY AUTHORITY: 20-A M.R.S.A. §4502(5)(M); Resolves 2013 Ch. 8
• EFFECTIVE DATE: July 29, 2001 - added as sub-section 17(D) to Chapter 125, "Basic Approval Standards: Public Schools and School Units".
• EFFECTIVE DATE: April 27, 2002 - filing 2002-104 accepted March 28, 2002: sub-section 125.17(D) removed from Chapter 125 and established as new Chapter 33, "Regulations Governing Timeout Rooms, Therapeutic Restraints and Aversives in Public Schools and Approved Private Schools"
• REPEALED AND REPLACED: July 1, 2012 - filing 2012-164 (Final adoption, Major substantive), retitled as “Rule Governing Physical Restraint and Seclusion
• AMENDED: April 29, 2013 - filing 2013-106 in accordance with Resolves 2013 Ch. 8, Routine Technical
• AMENDED: August 6, 2023 – filing 2023-105 (Final adoption, Major substantive)
• AMENDED: (Corrected September 26, 2023)
• APAO ACCESSIBILITY CHECK (Word): May 12, 2026
• AMENDED: June 11, 2026 – filing 2026-113 (Final Adoption; Major Substantive Rule)

Chapter 38 Suicide Awareness and Prevention in Maine Public Schools

Code Me. R. 05-071 Ch. 38 Suicide Awareness and Prevention in Maine Public Schools {#sec-05-071-ch.-38 omnilex-key=us-me-regs-official--dept-education-and-state-board-education--05-071 Ch. 38}

SUMMARY: This rule establishes state standards and procedures for suicide prevention awareness education for all school personnel and suicide prevention and intervention training for certain personnel in accordance with Title 20-A section 4502 subsection 5-B.

I. Definitions

A. “Gatekeeper” means a person who knows basic information about suicide, believes that suicide can be prevented, learns basic suicide intervention skills, has the confidence to respond and can assist in the aftermath of a suicide.

B. “Qualified Trainer” means a person who is trained using national guidelines adopted by organizations that offer research-based training in best practice, and who actively delivers trainings at least once every three years.

C. “School personnel” means a person required to be certified, authorized, or approved by the department under chapter 501 or 502 of Title 20-A.

D. “Suicide Prevention Awareness Education” means a one- to two-hour session on suicide prevention awareness that is designed for a general audience, based on accepted national models and;

1. Provides a good foundation in language use, beliefs and attitudes underpinning suicide prevention;

2. Explores common warning signs, risk factors and protective factors for suicide; teaches a simple intervention to ask individuals about suicide and to connect them with appropriate resources; and

3. Identifies school and local resources to use for intervention.

E. “Suicide Prevention and Intervention Training” means full-day training based on national guidelines for suicide prevention and best practice (from the Suicide Prevention Resource Center and the American Foundation for Suicide Prevention). This training is commonly referred to as Gatekeeper Training.

1. Provides the fundamentals of suicide prevention and current information;

2. Supports early identification and referral of potentially suicidal people; and

3. Includes basic suicide intervention skills for increasing personal confidence and one’s ability to effectively respond to suicidal behavior; provides opportunity to practice these basic intervention skills; and identifies helpful national, state and local resources.

Examples of Suicide Prevention and Intervention Training programs include the Maine Suicide Prevention Gatekeeper Training and ASIST.

II. Training requirements and timeline

A. All school personnel are required to complete in-service suicide prevention awareness education training.

1. School personnel in high schools and Career and Technical Education (CTE) Regions and Centers, must complete the training by the start of the 2014-2015 school year.

2. School personnel in elementary and middle schools must complete the training by the start of the 2015-2016 school year.

3. School personnel hired after the start of the applicable school year must complete the training within 6 months from the beginning of employment.

4. Suicide prevention awareness education training is recommended for volunteers.

B. Each school administrative unit (SAU), island, charter, CTE Region and public school that is not in a school administrative unit must have school personnel trained in suicide prevention and intervention. Persons who complete suicide prevention and intervention training are commonly referred to as “gatekeepers.”

1. To be in compliance with this requirement, each unit or school must have at least two school personnel members who have successfully completed the full-day suicide prevention and intervention training.

2. A CTE Region must have at least one school personnel member who has successfully completed the full-day suicide prevention and intervention training on site. The second school personnel member could be either on site or the CTE Region could have a legal agreement with one of the sending schools assigned to their region.

3. Additional school personnel must receive the training if the number of students in the school administrative unit or the school is above 1,000 as follows:

(a) For 1,001 to 1,500 students, one additional school personnel;

(b) For 1,501 to 2,000 students, two additional school personnel;

(c) For 2,001 to 2,500 students, three additional school personnel;

(d) For 2,501 to 3,000 students, four additional school personnel;

(e) For 3,001 to 3,500 students, five additional school personnel;

(f) For 3,501 to 4,000 students, six additional school personnel;

(g) For 4,001 to 4,500 students, seven additional school personnel;

(h) For 4,501 to 5,000 students, eight additional school personnel;

(i) For 5,001 to 5,500 students, nine additional school personnel;

(j) For 5,501 to 6,000 students, 10 additional school personnel;

(k) For 6,001 to 6,500 students, 11 additional school personnel;

(l) For 6,501 to 7,000 students, 12 additional school personnel;

(m) For 7,001 to 7,500 students, 13 additional school personnel; and

(n) For 7,501 or more students, 14 additional school personnel.

4. It is recommended but not required that each school building have at least one person who has successfully completed the suicide prevention and intervention training.

5. All persons who received training prior to the effective date of this rule may have the training count for compliance with this rule as long as the training meets the requirements set forth in this rule.

6. Training must be renewed at least every five years.

III. Application

A. All public schools, including charter schools, and approved private schools are required to comply with this rule as it is a matter of health and safety.

IV. Training qualifications

A. Training must be delivered by a qualified trainer who must be current with suicide prevention and intervention training and have completed training on how to deliver a suicide awareness presentation.

B. Any training required by this rule must conform to national guidelines adopted by organizations that offer best practice, research-based training.

C. Training pursuant to this rule must count toward satisfaction of professional development requirements for the department and certification requirements for teachers and other professional personnel under chapters 501 and 502.

IV. Protocols for suicide prevention and intervention

A. School administrative units shall have protocols for suicide prevention and intervention and counseling services after an incident of youth suicide.

Protocols shall be based on the best practices established and maintained by the National Alliance on Mental Illness Maine or a similar organization authorized by the Department of Health and Human Services through its suicide prevention program and the Maine Department of Education.

The protocol development resources developed by the department will provide protocol templates, models and examples of forms, protocols and flow charts that can be adapted as needed by SAUs.

The SAUs will certify to the Maine Department of Education that the required protocols are in place.

B. Protocols shall be in place 2019-2020 school year.

V. Accountability

A. SAUs are responsible for putting in place a tracking system to support compliance of all school personnel with this rule.

History

• STATUTORY AUTHORITY: 20-A MRS §4502 sub-§5-B
• EFFECTIVE DATE: June 29, 2014 – filing 2014-127
• EFFECTIVE DATE: AMENDED;
• EFFECTIVE DATE: July 5, 2019 – filing 2019-095 (Final adoption, major substantive)

Chapter 40 Rule for Medication Administration in Maine Schools

Code Me. R. 05-071 Ch. 40 Rule for Medication Administration in Maine Schools {#sec-05-071-ch.-40 omnilex-key=us-me-regs-official--dept-education-and-state-board-education--05-071 Ch. 40}

SUMMARY: This rule provides directions to public and private schools approved pursuant to 20-A MRSA §2902 in the administration of medication to students during the students’ attendance in school programs. It is to assist school administrative units in implementing the provision of the medication statute [20-MRSA §254(5)(A-D)] that provides direction for training of unlicensed school personnel in the administration of medication, requires that students be allowed to carry and self-administer prescribed emergency medications; specifically, asthma inhalers or epinephrine auto-injectors with health care provider approval and school nurse assessment demonstrating competency, and authorizes any student who attends public school to possess and use topical sunscreen product while on school property or at a school-sponsored event without a note or prescription from a health care provider if the product is regulated by the federal Food and Drug Administration for over-the-counter use for the purpose of limiting skin damage from ultraviolet radiation.

1. DEFINITIONS

Administration: Administration means the provision of prescribed medication to a student according to the orders of a health care provider.

Allergen: An allergen is a substance that can cause an allergic reaction.

Anaphylaxis: Anaphylaxis is a severe, whole-body allergic reaction to a chemical that has become an allergen.

Asthma inhaler: An asthma inhaler is a device for the delivery of prescribed asthma medication which is inhaled. It includes metered dose inhalers, dry powder inhalers and nebulizers.

Collaborative practice agreement: A written and signed agreement between a physician licensed in this State or a school health advisor under section 6402-A and a school nurse under section 6403-A that provides for the prescription of certain medications by the physician or school health advisor and administration of these certain medications by the school nurse or designated school personnel to a person in specific situations as described in this rule. [20-A MRSA §6305 and §6307].

Health Care Provider: A health care provider is a medical/health practitioner who has a current license with a scope of practice that includes prescribing medication.

Indirect Supervision: Indirect supervision means the supervision of an unlicensed school staff member when the school nurse or other health provider is not physically available on site but immediately available by telephone.

Medication: Medication means prescribed drugs and medical devices that are controlled by the U.S. Food and Drug Administration and are ordered by a health care provider. It includes over-the-counter medications prescribed through a standing order by the school health advisor or prescribed by the student’s health care provider.

Medication Error: A medication error occurs when a medication is not administered as prescribed. This includes when the medication prescribed is not given to the correct student, at the correct time, in the dosage prescribed, by the correct route, or when the medication administered is not the correct medication.

Parent: Parent means a natural or adoptive parent, a guardian, or a person acting as a parent of a child with legal responsibility for the child’s welfare.

School Health Advisor: School health advisor means a physician or family or pediatric nurse practitioner . [20-A MRSA §6402-A]

School Nurse: School nurse means a registered professional nurse with Maine Department of Education certification for school nursing.

Self-Administration: Self-administration is when the student administers medication independently to themself under indirect supervision of the school nurse.

Sunscreen: Any product regulated by the FDA as an over-the-counter product designed to protect the skin from harmful UVA/UVB rays from the sun. For the purpose of use in the school setting, allowable products include oils, lotions, creams, gels, butters, pastes, ointments, and sticks.

Training for Unlicensed School Personnel: Training for unlicensed school personnel means the organized and systematic education of unlicensed school personnel who will administer medications to students.

Unlicensed School Personnel: Unlicensed school personnel are persons acting on behalf of the school, who do not have a professional license that allows them, within the scope of that license, to administer medication.

2. ADMINISTERING MEDICATIONS IN A SCHOOL SETTING

A. The school nurse will provide direction and oversight for the administration of medication in the school.

B. School nurses are responsible for their own actions in the administration of medication. It is the school nurse’s responsibility to clarify any medication order which he or she believes to be inappropriate or ambiguous. The school nurse has the right and responsibility to decline to administer a medication if he/she believes it jeopardizes student safety. In this case, the nurse must notify the parent, the student’s health care provider and the school administrator.

C. Any public or private school approved shall have a written, local policy for administering medication. [20-A MRSA §2902; 20-A MRSA §4502] The policy must include the following:

i. All unlicensed school personnel who administer medication must be trained before receiving authorization to do so.

ii. Before medication is administered to a student there must be:

1. A current written request from the parent for any medication administered to a student during school or a school sponsored event. Verbal permission may be used if needed due to extenuating circumstances. For this purpose, explicit verbal permission from the parent must include the medication requested, dose, route, and time interval to be given. This is to be documented in the student health record and valid for one day only.

2. A current written order from the prescribing health care provider for any medication administered at school. The order must include the student’s name, the name of the medication, the dose, the route of administration, time intervals to be given, any special instructions, and the name of the prescribing licensed health care provider. A medication label that provides sufficient information may be used in lieu of a written order unless the medication is to be administered for more than 15 consecutive days.

3. Written parental permission forms and physician orders must be renewed at least annually. Physician orders must be renewed if there are changes in the order.

iii. It is recommended that the first dose of a newly prescribed medication be given at home. The exception will be the use of epinephrine autoinjector for an unknown anaphylaxis, or emergency medication for diabetes such as, but not limited to glucagon or other life-saving medication.

iv. The medication must be delivered to school in its original container, properly labeled.

v. Students may possess and self-administer emergency medication of an inhaled asthma medication, an epinephrine auto-injector, or medications related to the care of insulin dependent diabetes, under the following conditions:

Written approval is received from the student’s health care provider stating that the student has the knowledge and skills to safely possess and use an inhaled asthma medication, epinephrine auto-injector, or other medication related to the care of their insulin dependent diabetes.

1. An Individualized Health Plan and Emergency Plan for anaphylaxis is needed for those with epinephrine autoinjectors.

2. An Individualized Health Plan and Emergency Plan is needed for those students with asthma requiring treatment and management at school.

3. An Individualized Health Plan and Emergency Plan is needed for those students with diabetes requiring treatment and management at school.

4. Written approval is received from the parent indicating that their child may carry and self-administer the medication.

5. The student demonstrates to the school nurse their ability to carry and use the inhaled asthma medication, epinephrine auto-injector, or medication related to the care of their insulin dependent diabetes properly and responsibly. The school nurse should consider the ability of the student to understand their diagnosis, appreciate the importance of taking their medication at the right time and in the right amount, and accept the responsibility that comes with self-carry medications.

6. Recognizing that there are many unique medical needs of children. If it is determined within the Individualized Health Plan that self-carrying a specific medication not previously addressed in this rule is necessary, a school nurse may allow it so long as the conditions in 1-3 are met.

vi. Students may possess and self-administer topical sunscreen without a signed order from a health care provider under the following conditions:

Sunscreen is to be in its original container, labeled with directions of use and warnings.

Written permission from parent as required by Section 2 C (ii)(1).

School nurse or other school personnel may inspect sunscreen product for safety and proper FDA labeling.

There is no expectation that school staff will apply sunscreen to students.

There is no expectation that the school will supply sunscreen to all students.

A student who is unable to physically apply sunscreen may be assisted by school personnel when directed to do so by the student, if permitted by a parent or guardian and authorized by the school.

It is recommended that aerosol or spray sunscreen not be used in schools because it could adversely affect students with asthma and/or allergies.

D. Procedures/protocols for medication must be developed for:

i. How medications are to be safely transported to and from school.

ii. Medication administered on field trips and other off campus activities that is in compliance with section 4 of this rule.

iii. Accountability of medications, particularly those regulated by the Federal Narcotics Act.

iv. The proper storage of medication at school.

v. The training of appropriate staff on administration of emergency medications including the detailed standards for the signs and symptoms of anaphylaxis and the use of epinephrine autoinjector for previously unknown severe allergies.

vi. The procedure to use should a medication reaction occur.

vii. Access to medications in case of a disaster.

viii. The process for documenting medications given and medication errors.

ix. The proper disposal of medications not retrieved by the parents.

E. Within school administrative units or approved private school personnel shall follow the guidelines for the stocking and administration of epinephrine autoinjectors as outlined in section 5 of this rule. [20-A MRSA §6305 (1-9)]

F. School administrative units or approved private schools may develop policy and protocol for Naloxone as outlined in Section 6 of this rule. [20-A MRSA §6307]

G. Reasonable accommodations must be made for students who hold written certification for the medical use of non-smokeable marijuana under Title 22, section 2423-B. [20-A MRSA §6306] For the purposes of this rule cannabidiol (CBD) oil is a marijuana product and subject to the same limitations. Medical marijuana may only be possessed and administered under the following conditions:

i. The student requires a dose during the school day.

ii. It is possessed by the parent/guardian or caregiver only.

iii. Only the parent/guardian or caregiver may administer medical marijuana – it cannot be done by, or delegated to, a school employee or any other person than the primary caregiver.

3. REQUIRED TRAINING OF UNLICENSED SCHOOL PERSONNEL TO ADMINSTER MEDICATION.

A. Any unlicensed school personnel who administer medication to a student in a school setting must be trained in the administration of medication before being authorized to carry out this responsibility. Following the initial training, a training review and information update must be held at least annually for those staff members authorized to administer medications.

B. The training must be provided by a registered professional nurse or physician.

C. The training on administration of medication must include the following components:

i. Current laws and school policies related to medication administration,

ii. Resources available to staff regarding medication administration,

iii. Basic anatomy of routes of medication (ex. gastro-intestinal route, lung, ear, eye, and nose),

iv. Basic classification of medications,

v. Common medications with side effects,

vi. How to read a medication label,

vii. How to document medications administered and medication errors,

viii. The five rights of medication administration (right student, right medication, right dose, right time, and right route),

ix. Procedure/protocols for administering medication(s),

x. Signs and symptoms of anaphylaxis,

xi. Signs and symptoms of adverse effects,

xii. Responding to emergencies,

xiii. Working with parents, and

xiv. Protecting the confidentiality of student health information.

D. The trainer shall document the training and the competency of school personnel trained. Based upon the documentation of training and competency of unlicensed personnel to administer medication, the school nurse shall make a recommendation to the Superintendent concerning the authorization of such persons to administer medication to students. For unlicensed school personnel that may hold separate certification or training in medication administration, the trainer may determine an abbreviated training is sufficient based on their current knowledge and skill level. This is to be documented with the training and competency.

E. Training for the purposes of administering medication for a field trip need not include all components listed in 3C at the discretion of the school nurse. The training should be sufficient for the safe administration of the needed medication. This training is considered appropriate for the specific field trip/off-campus event.

F. School personnel trained in the administration of fluoride as part of the Oral Health Program in the Bureau of Health, are exempt from this rule for the administration of fluoride.

4. PROCEDURE FOR MEDICATION ADMINISTRATION ON SCHOOL FIELD TRIPS/OFF-CAMPUS EVENTS

Training. Any unlicensed personnel administering medications, both prescription and over the counter must have training documentation on file at the school.

Orders/Permissions. There must be written permission from the parent/guardian providing consent to administer the medication in school and a written physician’s order and/or an appropriately labeled original medication container.

Packaging. Duplicate medication containers shall be obtained from the pharmacy to be used for field trips as this is considered best practice.

The school nurse will provide a review of the medication and its administration to the trained personnel on an as needed basis. All trained personnel administering medication must understand what to do in an emergency.

Transportation/Storage. The medication will be transported and stored in compliance with any special directions for the medication and will be secured as safely as possible.

Administration. The administration of medication on a field trip will duplicate as much as possible, the guidelines found in the Medication Administration Handbook for Unlicensed School Personnel . This will include consideration of student privacy and cleanliness of area where medications are administered.

Medication will be administered to the student to assure that the right student receives the right medication, with the right dose, at the right time, by the right route. The trained personnel administering the medication will double check the student with the medication label and will double check the dose. The medication will be administered within 30 minutes either side of the prescribed time.

Each school district will develop a method of documenting medications administered on the field trip, recording any unexpected occurrences, and a method of returning any medication not administered.

Special Considerations

i . Out of State Field Trips. Schools must consider other states’ laws when administering medications. It is advisable that the school nurse contact the Board of Nursing in the state of the school trip regarding questions about unlicensed school personnel administering medications. Some states do not allow unlicensed school personnel to administer medications, for example.

If the school nurse is attending the out of state field trip, he/she should determine if it is part of the Nurse Licensure Compact, which allows a nurse to have one multistate license with the ability to practice in the home state and other compact states. If the state is not a compact state, then the school nurse should contact that state’s office that regulates nursing practice.

ii. Self-administration of medication. School administrative units have the discretion to create procedures to allow for self-administration of medication by students on overnight trips or in unique situations where there may not be authorized adults to hold/administer medication. This procedure must include the consent of both the student’s parent/guardian and medical provider in cooperation with the school nurse. The student should be knowledgeable about their condition/medication and sufficiently responsible to possess and capable of self-administration. The arrangements must be done in advance to allow for the communication between medical provider and school nurse.

iii . Medical Marijuana. It is the duty of the school unit to know what the applicable state law is with respect to medical marijuana for any out of state trip. Reasonable accommodations must be made for students who hold written certification for the medical use of marijuana in a non-smokeable form. [Title 20-A MRSA §6306]

5. EPINEPHRINE GUIDELNES

A . A Life-threatening Allergy Protocol is required for all schools which must be available on the governing body's publicly accessible website or the publicly accessible website of each school under the governing body's jurisdiction. School protocol must include steps taken to prevent exposure, training frequency, designated staff, record keeping, and reporting. [20-A MRSA §6305 (9)]

B. Without a Collaborative Practice Agreement in place, a trained unlicensed school staff member can administer epinephrine only to a specific student as part of that student’s individual health plan (IHP) with a prescription specific to that student. A school nurse may administer epinephrine to any person whom they believe to be experiencing anaphylaxis so long as there is a standing order from the school health advisor for this purpose. [20-A MRSA §6305 (5)]

C . With an optional Collaborative Practice Agreement in place, designated unlicensed school personnel may administer an epinephrine auto-injector in good faith to any student experiencing anaphylaxis during school or a school-sponsored activity. A collaborative practice agreement must be renewed annually. [20-A MRSA §6305 (3)]

D . Students with a medically documented known allergy and risk of anaphylaxis should have an individualized health plan in place.

E. Training for school staff shall include common allergens, causes and signs of anaphylaxis, prevention, how to recognize anaphylaxis, and how to administer epinephrine auto injector.

6. NALOXONE GUIDELINES

A . Having a policy and protocol for the administration of naloxone to any individual suspected of experiencing an opioid related overdose on school grounds is not required but is allowed and encouraged in the event a person is suspected of experiencing an opioid overdose on school grounds in order to prevent death. [20-A MRSA §6307]

B . Without a Collaborative Practice Agreement in place, naloxone shall only be administered by a licensed healthcare personnel within a school whose scope of practice includes recognizing signs of overdose and administration of medication. [20-A MRSA §6307(5)]

C. With a Collaborative Practice Agreement, any trained school personnel may carry and administer naloxone on school grounds to any person experiencing a suspected opioid overdose if the school nurse is not present. [20-A MRSA §6307(3)]

7. REPORTING

A. Each school administrative unit and approved private school is encouraged to submit to the Department of Education, on a form developed by the Department, a report of each incident in the school administrative unit or the approved private school or at a school event involving a severe allergic reaction or the administration of an epinephrine autoinjector or administration of naloxone for a suspected opioid overdose; and

B. The Department may request reports on medication administration in schools.

History

• STATUTORY AUTHORITY: 20-A M.R.S.A. §254(5)(A-D); Resolve 2005 ch. 11; PL 2013 ch. 526; PL 2019 ch. 32
• EFFECTIVE DATE: June 24, 2005 – filing 2005-186 (Final adoption, major substantive)
• NON-SUBSTANTIVE CORRECTIONS: February 1, 2007
• AMENDED: May 11, 2016 – filing 2016-061 (Final adoption, major substantive)
• AMENDED: May 12, 2022 – filing 2022-057 (Final adoption, major substantive)
• AMENDED: APAO WORD VERSION CONVERSION (IF NEEDED) AND ACCESSIBILITY CHECK: July 15, 2025

Chapter 41 Offering Instruction Related to Life-Saving Procedures in Maine Public Schools

Code Me. R. 05-071 Ch. 41 Offering Instruction Related to Life-Saving Procedures in Maine Public Schools {#sec-05-071-ch.-41 omnilex-key=us-me-regs-official--dept-education-and-state-board-education--05-071 Ch. 41}

SUMMARY: This rule requires public schools to offer training to students on how to perform cardiopulmonary resuscitation and use automated external defibrillators. This rule also outlines the expectations relating to the provision of training relating to naloxone hydrochloride nasal spray or other FDA approved overdose prevention nasal spray administration by secondary students.

SECTION 1. Definitions

I. Automated external defibrillators (AED) - a portable defibrillator designed to be automated such that it can be used by persons without substantial medical training who are responding to a cardiac emergency to analyze and deliver a possible defibrillation, if indicated.

2. Cardiopulmonary resuscitation (CPR) - the manual application of emergency procedures, such as chest compressions, when the heart stops beating, done in an effort to maintain viability until advanced help arrives.

3. Certified CPR or AED instructor - A person who has current training in the discipline of the Instructor Course, and is proficient in all the skills of that discipline.

4. Designee - A person selected by the school or who volunteers to carry out a duty or role.

5. Opioid-related overdose – A condition including, but not limited to, extreme physical illness, decreased level of consciousness, respiratory depression, coma or death resulting from the consumption or use of an opioid, or another substance with which an opioid was combined, or a condition that a reasonable person would believe to be an opioid-related drug overdose that requires medical assistance as defined in Title 22, Chapter 556-A.

6. Immunity – The following provisions provide immunity for actions taken in accordance with this rule as outlined in Title 22, Chapter 556-A:

A health care professional or a pharmacist, acting in good faith and with reasonable care, is immune from criminal and civil liability and is not subject to professional disciplinary action for storing, dispensing or prescribing naloxone hydrochloride in accordance with this section or for any outcome resulting from such actions.

A person, acting in good faith and with reasonable care, is immune from criminal and civil liability and is not subject to professional disciplinary action for possessing or providing to another person naloxone hydrochloride in accordance with this section or for administering naloxone hydrochloride in accordance with this section to an individual whom the person believes in good faith is experiencing an opioid-related drug overdose or for any outcome resulting from such actions.

SECTION 2. Standards

CPR and AED training standards: Standards for instruction in CPR and AED use shall be based on the programs established by the American Heart Association or the American Red Cross or another program that is nationally recognized and uses the most current national evidence-based emergency cardiovascular guidelines and incorporates psychomotor skills development into the instruction. The standards for instruction in AED use may not require the use of an AED if a trainer or device are unavailable but must include an explanation of AED use.

Naloxone hydrochloride training standards: Training on the administration of naloxone hydrochloride nasal spray or other FDA approved overdose prevention nasal spray will be offered as extracurricular instruction. Training should include initiating emergency response services, recognition of possible overdose, and actions to take to reverse it.

SECTION 3. Requirements and timeline

1. Public schools including charter schools shall offer training to students in middle or high school on how to perform cardiopulmonary resuscitation and use automated external defibrillators. Age-appropriate instruction prior to middle school is recommended but is not required.

2. Examples of how the training may be delivered in schools include:

A. A licensed teacher or designee can show a CPR/AED training video and lead the instruction for students to practice compressions on CPR training mannequins.

B. Instruction is part of the middle or high school health education curriculum taught by:

i. a certified health education teacher

ii. a certified school nurse

iii. a qualified community or agency volunteer such as an EMS clinician, other health care professional, or currently certified instructor in the American Heart Association or the American Red Cross or another program that is nationally recognized.

C. Instruction is offered during an extracurricular activity time before, during or afterschool by a qualified instructor (as defined in Section 3.2.B above).

3. Instruction related to opioid overdose and naloxone hydrochloride nasal spray or other FDA approved overdose prevention nasal spray administration in accordance with this rule is required. When offered, it may be offered as an extracurricular activity.

SECTION 4. Application

All public schools, including charter schools are required to comply with this rule as it is a matter of health and safety.

SECTION 5. Trainer qualifications

1. A licensed teacher is not required to be certified as a CPR or AED trainer in order to facilitate or oversee CPR or AED instruction.

2. A licensed teacher is not required to be certified as a CPR or AED trainer in order to facilitate, provide or oversee hands only CPR instruction and/or AED awareness training.

3. A course that results in CPR and AED certification card must be taught by a certified CPR or AED instructor.

4. A qualified instructor for opioid-related overdose response, in accordance with this rule, should have knowledge of substance use prevention and must have knowledge of naloxone hydrochloride nasal spray or other FDA approved overdose prevention nasal spray administration education.

A. The education must be aligned to national opioid response guidelines adopted by organizations that offer research-based training in best practice.

B. It is recommended that instructors be CPR and AED certified.

History

• STATUTORY AUTHORITY: Sec. 1. 20-A MRS §6304, as amended by PL 2015 ch. 140 §1
• EFFECTIVE DATE: October 18, 2016 – filing 2016-172
• AMENDED: January 9, 2024 – filing 2024-003

Chapter 45 Rule for Health Screening in Maine Public Schools

Code Me. R. 05-071 Ch. 45 Rule for Vision and Hearing Screening in Maine Public Schools {#sec-05-071-ch.-45 omnilex-key=us-me-regs-official--dept-education-and-state-board-education--05-071 Ch. 45}

SUMMARY: This rule outlines the standards and processes for the implementation of the 20-A M.R.S. §6451 to §6453 that requires periodic health screenings to identify students that may have a vision or hearing defect.

1. Definitions

Critical Line Screening: The “critical line” is an age-dependent line on which a child should correctly identify 3 or more optotypes according to that child’s age. Critical line screening uses only the age-dependent line.

Distance Vision: Distance vision means the ability to adequately see objects at a distance. Screening for distance vision is intended to identify students with myopia, a refractive error in which light rays converge before they reach the retina.

Eye Specialist: An eye specialist is a health care provider specializing in diagnosing and treating vision problems and/or diseases of the eye. Eye specialists include optometrists, ophthalmologists, pediatric optometrists, and pediatric ophthalmologists.

Full Threshold Screening: Full threshold screening begins by asking the child to identify the first optotype at the top of the chart and the first optotype on each line until an optotype is misidentified. The screener moves up a line and asks the child to identify each optotype on that line and continues down the chart using each optotype on each line until a child misses 3 or more optotypes. The last line the child correctly identified 3 or more optotypes is the visual acuity value for that eye. Full threshold screening permits the screener to identify a minimum 2 -line difference between the eyes.

Health Care Provider: A health care provider is a medical/health practitioner who has a current license in the State of Maine with a scope of practice that includes assessment, diagnosis and treatment of health disorders. Health care providers include physicians, physician’s assistants and advance nurse practitioners. For the purposes of vision screening, health care provider may also include optometrists and ophthalmologists. For the purposes of hearing screening, health care provider may also include an audiologist.

Instrument-Based Screening: Using evidence-based instruments to screen for amblyopia risk factors and reduced vision risk factors and provide estimates of refractive error and estimates of eye misalignment; or screen for direct detection of strabismus and amblyopia Instrument-based screening does not measure visual acuity and instrument-based screening results may not be converted to visual acuity values.

Near Vision: Near vision means the ability to adequately see objects near, such as when reading. Screening for near vision is intended to identify students with hyperopia, a refractive error in which light rays have not converged before reaching the retina.

Occluder: Used to cover the eye during distance and near visual acuity screening. Occluders for children ages 3 to 10 years may be adhesive eye patches, 2-inch wide hypoallergenic surgical tape, or occluder glasses. Occluders for children ages 10 years and older can be adhesive eye patches, 2-inch wide hypoallergenic surgical tape, or paddles to cover one eye at a time or a mask that covers one eye with an open hole for the other eye. Hands, tissues, paper paddles, or paper and plastic cups are not permitted.

Optotypes: An optotype is the name for the symbol, letter, or number on an eye chart or computer program the student is to identify.

Optotype-Based Screening: Using evidence-based eye charts or computer software programs to screen for visual acuity using full threshold or critical line formats.

Parent: Parent means a natural or adoptive parent, a guardian, or a person acting as a parent of a child with legal responsibility for the child’s welfare.

Preschool screening: A health screening that occurs within the first 30 days of the start of school that includes hearing screening and vision screening.,

Puretone Audiometer: A puretone audiometer is a machine designed to screen for hearing loss. A variety of frequencies, measured in Hertz (Hz) audible to the human ear are played in each ear at a defined decibel (dB).

Referral: Referral means the submission of a written form from school directing the parent to bring their child to a health care provider (which includes ophthalmologists, optometrists, and audiologists for this rule) for an evaluation of the potential health problem.

School Nurse: School nurse means a registered professional nurse with Maine Department of Education certification for school nursing.

Screening: Screening means a process of identifying students with a possible health problem in order to facilitate early intervention or treatment.

2. School Nurse Responsibility

A. The school nurse will provide direction and oversight for the health screening program in the school.

B. The school nurse will report annually to the Department to include the number of students screened by type of health screening, the number of students referred, and the number of referred findings that were confirmed.

C. The school nurse will follow up with those referred for further evaluation and potential treatment.

D. The school nurse will follow up with the parents of students referred to determine the outcome of the referral.

3. General Guidelines

A.A student whose parent objects in writing to screening on religious grounds shall not be screened unless a sight or hearing defect is reasonably apparent.

B. It is recommended that health screening occur early in the school year. Preschool screening must be completed within thirty (30) days of the start of school.

C. Health screening of students outside the grade level required for screening should occur upon referral from teachers or with presentation of signs or symptoms of a problem.

D. Students transferring to the school without record of previous screening should be screened.

E. When a trained, unlicensed individual conducts the initial screening, rescreening of failures must be conducted by the school nurse before a referral is made.

4. Vision Screening

A. A school shall screen using evidence-based, optotype-based screening, or evidence- based, instrument-based screening.

B. Certain children should bypass vision screening and be referred directly to an eye specialist for a comprehensive examination because these children have a higher rate of vision problems. The school nurse may determine which children should be referred directly. Some reasons for bypass may include:

i. readily recognized eye abnormalities such as, but not limited to, strabismus or ptosis;

ii. a known diagnosis of a neurodevelopmental disorder such as hearing impairment, cerebral palsy, autism spectrum disorders, or speech delay;

iii. systemic diseases known to have associated eye disorders such as diabetes and juvenile rheumatoid arthritis.

C. Children who received a comprehensive eye examination from an eye care provider within the previous 12 months do not need to have a school vision screening.

D. Distance vision acuity

i. Shall be screened in preschool, kindergarten and grades, 1, 3, 5, 7, and 9.

ii. The screening tools recommended for preschool, kindergarten, and grade 1 unless students know their letters are:

1. HOTV chart (illuminated preferred, critical line screening is permissible;

2. LEA SYMBOLS® chart (illuminated preferred, critical line screening permissible);

3. Computer-based screening programs.

iii. Screening tools recommended for students in grades 3 and above are:

1. Sloan letter chart (illuminated preferred, charts exceeding 9x14 is permissible);

2. Computer-based screening programs.

iv. Screening distance between the chart and the child’s eyes should be at the appropriate distance for the chart or tool used.

v. Referral guidelines

1. Age 3, unable to correctly identify at least 3 of 5 optotypes on 20/50 line;

2. Age 4-5, unable to correctly identify 3 of 5 optotypes on the 20/40 line;

3 Age 6 and older, unable to correctly identify at least 3 of 5 optotypes on the 20/32 line;

4 If using a full threshold screening method, children who have a 2-line difference between the eyes, even in the passing lines, are to be referred for an eye exam.

E. Near vision acuity

i. shall be screened in grade 1 and 3. It is recommended that public preschool and kindergarten students and students in grade 5 also be screened.

ii. Screening tools recommended depending on when the child knows their letters are.

1. Near vision acuity card with 16-inch cord to maintain screening distance using: HOTV chart, LEA SYMBOLS^® chart, Sloan Letters chart.

iii. Referral guidelines: The same criteria used for distance vision, will be used to determine for near vision acuity cards.

F. Instrument-based screening may be used in place of visual acuity screenings with children ages 3, 4, and 5 years and children of any age when these children cannot participate in optotype-based vision screening. Using instrument-based screening with older students will be permissible as additional published research in this age group emerges.

G. For those students with prescription glasses, screening should occur with student wearing glasses.

H. Students who fail the vision screening will be referred to their parents and provided with a referral form to bring to their health care provider or eye specialist.

5. Hearing Screening

A. Hearing screening will be conducted in preschool, kindergarten and grades 1, 3, and 5.

B. A pure tone audiometer will be used to screen hearing.

C. The pure tone audiometer must meet or exceed specifications for type 4 audiometers as defined by the American National Standards Institute (ANSI) S3.6- 996 (revision of S2.6-1989). Each audiometer shall be calibrated annually and tested prior to use to determine if it is working properly.

D. Students will be screened in both ears at 25dB with a sweep check at 1000 Hz, 2000 Hz, and 4000 Hz. Screening at 500 Hz is recommended, but not required.

E. Screening should be performed in a quiet environment because ambient noise can affect test performance significantly.

F. If the child does not pass the screening, earphones should be removed and instructions carefully repeated to the child to ensure proper understanding and attention to the test and then rescreened with earphones repositioned. It is recommended that a hearing rescreen occur in 2 – 4 weeks for students who fail.

G. A student will be considered to fail and will need to be referred for further evaluation by a health care provider when the student is unable to hear any of the frequencies in either ear at 25dB.

H. Students who fail the hearing screening will be referred to their parents and provided with a referral form to bring to their health care provider.

History

• STATUTORY AUTHORITY: 20-A M.R.S. §6451
• EFFECTIVE DATE: April 1, 2006 – filing 2006-136
• AMENDED: December 13, 2015 – filing 2015-243
• AMENDED: April 10, 2018 – filing 2018-054

Chapter 52 Grant Application and Award Procedure: Fund for School Meal Equipment and Program Improvement

Code Me. R. 05-071 Ch. 52 Grant Application and Award Procedure: Fund for School Meal Equipment and Program Improvement {#sec-05-071-ch.-52 omnilex-key=us-me-regs-official--dept-education-and-state-board-education--05-071 Ch. 52}

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SUMMARY: This rule governs the application for, and awarding of, funds from the School Meal Equipment and Program Improvement Fund. Grants are intended to assist in the financing of local initiatives to purchase or replace school kitchen or cafeteria equipment and to support improvements to the National School Lunch Program and the School Breakfast Program. This grant also includes funds for the reimbursement of food costs related to medically necessary dietary restrictions for students. ____________________________________________________________________________________

Purpose and Scope

1. Purpose: funds are awarded to support the costs of school kitchen or cafeteria equipmentand to support improvements, maintenance, and expansion of school nutrition programs and provide reimbursement for the food costs related to medically necessary dietary restrictions for students pursuant to Public Law 2023, Chapter 45 (codified at 20-A M.R.S.A. §6664).
2. Scope: This rule provides specific instructions applicable to all school administrative units seeking to submit applications for the grants. The rule establishes the eligibility requirements, application process, award criteria, and review process, as well as any reporting requirements that may be necessary.

Definitions

1. Fund: Means the Fund for School Meal Equipment and Program Improvement created in Title 20-A M.R.S.A. §6664 and governed by this rule.
2. National School Lunch Program: "National School Lunch Program” is a federally funded, state-administered program that provides food and other facilities for the establishment, maintenance, operation, and expansion of nonprofit school lunch programs.
3. School Breakfast Program: The School Breakfast Program is a federally assisted meal program under 7 Code of Federal Regulations, Part 220 which operates in public and nonprofit private schools and residential childcare institutions.
4. Equipment: Means any tangible and durable property and assets such as machinery, parts, components, and/or spare parts that are necessary to the operation of a school kitchen or cafeteria. Items included on the pre-approved listing of equipment may qualify as an eligible purchase. Please inquire with the DOE. Eligible food service equipment does not include: 1. Land, buildings, or structural improvements that may be required for purchased equipment.
5. Replacement Equipment: Means a piece of equipment that replaces another piece of equipment that performs essentially the same functions as the replaced equipment.
6. Medically Necessary Dietary Food Costs: Means costs included on a Child Nutrition statement requesting special dietary accommodations authorized by a doctor, physician's assistant, nurse practitioner or Doctor of Osteopath

Applications

1. Eligible entities

The following entities are eligible to apply for funding under this rule:

• 1. School Administrative Units that participate in the National School Lunch Program under 7 Code of Federal Regulations, Part 210 and School Breakfast Program under 7 Code of Federal Regulations, Part 220; and 2. That meets federal compliance requirements established by the United States Department of Agriculture for those programs as evidenced by being in good standing with the Department of Educations’ Child Nutrition Team.

1. DOE announcement: The open application announcement by the DOE based on the availability of funding. 1. For each funding opportunity, the DOE shall establish the opening date for the acceptance of applications.
2. Application form: Applications for grants must be filed in accordance with this rule and any instructions provided by the DOE.
3. Allowable Use: Grant funding may be used to: 1. Purchase school kitchen and cafeteria equipment needed to serve healthy meals that meet federal nutrition standards. 2. Improve food safety in school kitchens and cafeterias. 3. Support maintenance and expansion of the National School Lunch Program and the School Breakfast Program within the school administrative unit; and 4. Reimburse food costs related to medically necessary dietary restrictions of students.

Requirements and Criteria

1. Requirements

A grant application must:

• 1. Be filed by an eligible entity. 2. Be filed in accordance with this rule, and any guidance provided by the DOE in calling for applications. 3. Include a project description that describes the anticipated timeline for project completion and meets the allowable uses set forth in Section 3(E) above. 4. For reimbursement for medically necessary food costs the SAU must submit an application form, receipts, and attestation from the SAU indicating that the proper medical documentation as required by the National School Lunch Program is on file.

1. Budget criteria for evaluating grant applications 1. An application that meets the requirements of subsection A may include delivery and installation costs. 2. The maximum grant allowable under the fund is $25,000 per school. In cases where projects describe expenses in excess of $25,000 per school, the SAU will be responsible for the remaining balance.

Review and Evaluation

1. Order of awarding grants

Grant awards will be made to applicants in the order in which a complete application is received by the DOE. SAUs that submit incomplete applications will be notified by the DOE and will have an opportunity to resubmit.

1. Form of agreement for grant

Awards will be made by means of a standardized State agreement subject to approval by the DOE.

History

• STATUTORY AUTHORITY: 20-A M.R.S. § 6664
• EFFECTIVE: March 5, 2024 – filing 2024-048

Chapter 54 Grant Application and Award Procedure: Later Start Planning Grant

Code Me. R. 05-071 Ch. 54 Grant Application and Award Procedure: Later Start Planning Grant {#sec-05-071-ch.-54 omnilex-key=us-me-regs-official--dept-education-and-state-board-education--05-071 Ch. 54}

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SUMMARY: This rule governs the application for, and awarding of, funds from the Department of Education discretionary grants for planning for later start times. Grants are intended to assist in the financing of local initiatives. ____________________________________________________________________________

Purpose and Scope

1. Purpose: Funds are awarded to support the costs of school administrative units (SAUs) which elect to develop plans to change secondary school start times to 8:30 a.m. or later pursuant to Resolve 2025, Chapter 110. The Department encourages SAUs to collaborate on late start planning initiatives.
2. Scope: This rule provides specific instructions applicable to all school administrative units seeking to submit applications for the grants. The rule establishes the eligibility requirements, application process, award criteria, and review process, as well as reporting requirements.

Definitions

1. Economically Disadvantaged Students: Economically disadvantaged students means students who are included in the department's count of students who are eligible for free or reduced-price meals or free milk or both.

Applications

1. Eligible entities 1. School administrative units (SAUs) that serve secondary students are eligible to apply for grant funds.
2. Department announcement: The application announcement by the Department based on the availability of funding. 1. For each funding opportunity, the Department shall establish the opening date for the acceptance of applications.
3. Application form: Applications for grants must be filed in accordance with this rule and any instructions provided by the Department.
4. Allowable Use: Grant funding must be used for the development of a plan in accordance with this rule. Allowable activities related to the development of a plan might include: 1. Development of community engagement opportunities 2. Transportation studies 3. Staff collaboration or professional development related to later school start times 4. Coordination between SAUs

Requirements: A grant application must be filed by an eligible entityand must:

Be filed in accordance with this rule, and any guidance provided by the Department in calling for applications.

Include an overview that describes the anticipated timeline for plan development and completion.

Include a description of proposed efforts to collaborate, when more than one SAU plans to participate.

1. If multiple SAUs are working in partnership, each SAU and their authorizing official shall sign the application.

Include a budget which justifies and is limited to allowable uses

Review and Evaluation

1. Awarding grants

Grant awards will be made to applicants according to a scoring matrix which will be detailed in the request for applications. Applications will be scored at the close of the application period. Awards may not match the request fully.

1. Priority for awarding grants

The Department will administer the grants in accordance with State procurement procedures. The Department will prioritize distribution across the state. This includes attention to:

Geographic distribution across the state

Variation in SAU size

Economically disadvantaged students

1. Form of agreement for grant

Awards will be made by means of a standardized State agreement subject to approval by the Department.

Reporting Requirements

1. At the close of the project funding, SAUs receiving grant awards must deliver a report to the Department containing: 1. Total project costs and use of funds 2. A description of the collaborative planning process used, and community or stakeholder engagement activities 3. An analysis of findings and potential courses of action?

History

• STATUTORY AUTHORITY: Resolves 2025, Chapter 110
• APAO ACCESSIBILITY CHECK (Word): May 12, 2026
• EFFECTIVE DATE (NEW): May 17, 2026 – filing 2026-091

Chapter 60 New School Siting Approval

Code Me. R. 05-071 Ch. 60 New School Siting Approval {#sec-05-071-ch.-60 omnilex-key=us-me-regs-official--dept-education-and-state-board-education--05-071 Ch. 60}

Summary: This rule governs State Board of Education action in the siting of new school construction projects, not including additions to existing schools, that receive state funding.

1. Applicability

This rule applies to the siting of all new school construction projects that receive state funding, including major capital improvement projects as defined in Maine Department of Education Reg. 61 (April 4, 2000) if the major capital improvement projects are not additions to existing schools and are projects that receive state funding.

2. Request for Site Approval

School administrative units requesting site approval must submit the application materials described in Maine Department of Education Reg. 61, Rules for School Construction Projects, Section 4 no later than one month prior to the meeting of the State Board of Education at which the request is scheduled to be considered.

3. Considerations

When reviewing a request for site approval, the State Board of Education must consider the following:

A. the adequacy of the site to provide for the long-term educational program space needs and playfield requirements of the school administrative unit;

B. the comprehensive enrollment analysis for the school administrative unit;

C. a comprehensive and complete “Renovation-vs.-New-Analysis” of the existing building and site;

D. community involvement in the selection process;

E. site development costs, both on and off the primary location of the project;

F. the impact on student transportation, vehicular traffic and student safety;

G. the allowance for future expansion;

H. the proximity to power, water, and sewerage facilities;

I. subsurface analyses of soils and ledge;

J. the survey of the site for wetlands; and

K. the environmental issues related to the site.

4. Additional Considerations Required for Requests for New Schools on New Sites

A. When a school administrative unit’s request for site approval specifies that a new school on a new site is the school administrative unit’s preference, the State Board of Education must consider the preferred areas for school siting defined below in addition to the considerations listed in (3), above:

i. a locally designated growth area identified in the municipality’s comprehensive plan adopted pursuant to the Maine Revised Statutes, 30‑A, chapter 187, subchapter II; and

ii. in the absence of a comprehensive plan:

a. an area that, if served by a public sewer system, has the capacity for the school construction project;

b. an area identified by the latest Federal Decennial Census as a census-designated place; or

c. a compact area of an urban compact municipality.

B. When a site is requested that is not a preferred area as defined in (4)(A)(i) or (4)(A)(ii), above, the school administrative unit must provide a written explanation of its site selection for State Board of Education consideration prior to the meeting scheduled by the State Board of Education for review of the school administrative unit’s request for site approval.

5. Review and Decision

A. The Construction Subcommittee of the State Board of Education must consider all the factors listed in (3) and (4), above, before forwarding its recommendation regarding the request for site approval to the State Board of Education.

B. When site approval for a new school on a new site that is not a preferred area as defined in (4)(A)(i) or (4)(A)(ii), above, is recommended by the Construction Subcommittee of the State Board of Education, the Sub-committee must provide written justification for its recommendation to the State Board of Education. The written justification must include any and all considerations that provide the basis for recommending a location that is not in a preferred area as defined in (4)(A)(i) or (4)(A)(ii) and must be made a part of the written record of the State Board of Education.

C. The State Board of Education must consider requests for site approval no later than two (2) regularly scheduled State Board of Education meetings prior to the State Board of Education’s consideration of concept approval for the same project as defined in Maine Department of Education Reg. 61, Rules for School Construction Projects, Section 1(A)(1).

D. When considering a request for site approval, the State Board of Education will involve all appropriate federal, state and local agencies. However, the decision regarding final site approval rests entirely with the State Board of Education.

6. Other Considerations

The school administrative unit will utilize the best-available practice national standards of the American Society of Heating, Refrigerating and Air Conditioning Engineers (ASHRAE) for inspection, maintenance, ventilation and filtration.

History

• STATUTORY AUTHORITY: P.L. 1999 c. 776 §21
• EFFECTIVE DATE: August 12, 2001 - 2001-256 filed July 13, 2001 (Final adoption, major substantive)r
• NON-SUBSTANTIVE CORRECTIONS: February 1, 2007
• AMENDED (EFFECTIVE DATE): June 10, 2022 – 2022-089 filed May 11, 2022 (Final adoption, major substantive)

Chapter 61 Rules for Major Capital School Construction Projects

Code Me. R. 05-071 Ch. 61 State Board of Education Rules for Major Capital School Construction Projects {#sec-05-071-ch.-61 omnilex-key=us-me-regs-official--dept-education-and-state-board-education--05-071 Ch. 61}

Summary: This chapter defines the conditions under which the State will subsidize Major Capital School Construction projects.

SECTION 1. DEFINITIONS

For the purposes of this Chapter, the following terms have the following meanings:

1. “Approved Projects List” – Projects from the Final Priority List that have been designated by the State Board of Education for funding.

2. “Arbitrage” – In the municipal market, the difference in interest earned on funds borrowed at a lower tax-exempt rate and interest on funds that are invested at a higher-yielding taxable rate. Under the 1986 Tax Act, with very few exceptions, arbitrage earnings must be rebated back to the federal government.

3. “Bond” – The written evidence of debt, bearing a stated rate or stated rates of interest, or stating a formula for determining that rate, that matures on a date certain on which date and upon presentation a fixed sum of money plus interest is payable to the holder or owner.

4. “Bond Anticipation Note (BAN)” – A note issued in anticipation of a later issuance of bonds, usually payable from the proceeds of the sale of the bonds or of renewal notes. BANs can also be general obligations of the issuer. A general obligation bond is a bond secured by the pledge of the issuer’s full faith, credit, and taxing power.

5. “Bond Bank” – The Maine Municipal Bond Bank created by 30-A M.R.S.A. §5951. The Bond Bank may make loans to an SAU to promote efficient capital financing activities for the construction, renovation and maintenance of school facilities.

6. “Career and Technical Education” - A course or program of education designed to create or improve job-related skills that is part of a secondary school curriculum and approved by the commissioner according to 20-A M.R.S.A. §8301-A(2-A).

7. “Career and Technical Education Center “– An administrative entity established pursuant to this chapter that provides career and technical education to secondary students. Unless otherwise specifically provided for by 20-A M.R.S.A. §8301-A(3). For purposes of this chapter, a center is governed, operated and administered by a single SAU. A center shall make its programs available to serve secondary students from SAUs with which it is affiliated. A center may include within its administrative structure career and technical education satellite programs operated by SAUs with which it is affiliated.

8. ”Career and Technical Region” – A quasi-municipal corporation established by the Legislature to provide career and technical education to secondary students that is comprised of all the SAUs within the geographical boundaries set forth for each career and technical education region in 20-A M.R.S.A. §8451. A region is governed by a cooperative board formed and operating in accordance with 20-A M.R.S.A. Chapter 313.

9. “Commissioning” – A systematic documented process by an independent entity which shall include visual examination and functional performance testing to demonstrate that installed components or systems meet the intent of the original design.

10. “Completed Building Project” – The project is considered completed when all punch list items are completed; all invoices have been paid; all existing litigation/arbitration issues have been resolved; all applicable arbitrage computations have been prepared by bond counsel, the SAU auditor, or other authorized person; and no further financial transactions are anticipated. Where required, certificates of occupancy shall have been obtained.

11. “Compliance Review” - An examination of the SAU’s school construction project. For purposes of 20-A M.R.S.A. §15909(6) audit is referred to herein as compliance review.

12. “Compliance Review Staff” - Staff within the Department of Education having the responsibility of reviewing an SAU’s records relating to a school construction project.

13. “Concept Approval” – The initial approval of a school construction project by the State Board which indicates:

A. Acknowledgement of the local need;

B. Approval of the preliminary design;

C. Approval of estimated costs; and

D. The State Board’s intent to issue Design and Funding Approval subject to a favorable local vote and approval of final cost estimates.

14. “Contingency Funds” – Bid contingencies are project funds that have been set aside or reserved to cover bidding overruns. Construction contingencies are used to cover project errors and omissions and miscellaneous project expenditures not part of the initial project budget but necessary to complete the project.

15. “Debt Service Costs” – Defined in 20-A M.R.S.A. §15672(2)(A) as principal and interest on approved school construction costs excluding payments made with funds from state and local government accounts established under the Federal Internal Revenue Code and regulations for disposition of excess, unneeded proceeds of bonds issued for a school project.

16. “Debt Service Principal” –The face amount of a bond exclusive of accrued interest and payable at maturity.

17. “Department” - The State of Maine Department of Education.

18. “Design and Funding Approval” - An approval by the State Board indicating that a Major Capital School Construction project’s drawings and specifications have been developed to 100% completion, the project has gained the recommendations of the Department and the SAU is authorized to seek bids for the work.

19. “Educational Specifications” – An SAU’s written description of its educational goals and activities, and the interrelationships between those educational goals and activities and their associated facilities, that need to be provided in a proposed new or renovated school facility.

20. “Emergency Project” - Any school construction project approved for the replacement of all or a significant portion of a school facility, resulting from an unanticipated and sudden natural or human disaster, and which is declared uninhabitable by an authorized local, state or federal government agency or individual (e.g., the State Fire Marshal’s Office). Projects such as this require that the situation be evaluated against all existing school construction needs in the state. Priority will be given to schools with the greatest needs; therefore, not all disaster situations will receive approval for school construction funding.

21. “Facilities Team” – Staff within the Department having the responsibility for administration of all programs relating to school facilities, including but not limited to Major Capital School Construction, Leased Space, Revolving Renovation Fund, and Federal School Construction/Renovation Grants.

22. “Final Compliance Review” – A review of the school construction project that is conducted after the completion of the project.

23. “Final Funding Approval” – Approval granted to a Major Capital School Construction project that has gone through the bid process, and the Commissioner has adjusted the state/local budget based upon the low bid and the Facilities Team’s recommendation.

24. “Final Priority List” – A list of projects that has been approved by the State Board after all opportunities for appeal have been exhausted.

25. “Industry Training Center” – A facility which has the potential to be available 24/7 to provide workforce training to meet industry standards and exposure to a variety of career pathways.

26. “Initial Priority List” – A needs-based priority list developed by the Facilities Team and recommended to the Commissioner.

27. “Integrated , Consolidated 9-16 Educational Facility” – A facility that includes: a regional high school fully integrated with a career and technical high school (center/region); a higher education center offering courses and degrees from the University of Maine System and the Community College System; and a center providing industry-specific training.

28. “Interest Expense” – Interest paid on loans, BANs, and other project revenue.

29. “Interest Income” – Interest earned on loans, BANs, bonds, and other project revenue.

30. “Interim Compliance Review” – A review of the school construction project accounts prior to the completion of the project.

31. “Life Cycle Costs Analysis” – An analysis of alternatives with the objective of selecting the most cost-effective building systems for the project.

32. “Local Only” – The portion of the project budget that is 100% locally funded.

33. “Long-Term Tuition Contract” – Ten years or maximum permitted by law.

34. “Maintenance” – Those activities having to do with scheduled and unscheduled repairs, upkeep, minor alterations and enhancements of buildings. Maintenance is also defined as preventive maintenance work necessary to achieve the design life expectancy of building systems and components.

35. “Major Capital School Construction Project” – New construction and major renovation projects that meet the educational program needs of the school.

36. “Moveable Equipment” – Equipment, including technology, for a school construction project that supports the educational program. Moveable equipment has an expected life of at least five years and is not attached to the building.

37. “Non-Allowable Expenditures” – Expenditures that are not included in the approved project budget.

38. “Notes” – Short-term promises to pay specified amounts of money. Notes may be secured by specific sources of future revenues, such as taxes, federal and state aid payments, and bond proceeds.

39. “One Campus” – The campus contains the elements of an integrated, consolidated 9-16 educational facility promoting the development of a design where all facilities are located on one site and provide a streamlined and integrated learning experience for eligible students.

40. “Project Budget” – The listing of line item costs allocated to complete a school construction project that is finalized at the time of Final Funding Approval by the Commissioner.

41. “Proposed Priority List” – A needs-based list recommended by the Commissioner and received by the State Board and continuing through the Administrative Review (appeals) process.

42. “Project Funds” - BAN proceeds, bond proceeds, note proceeds, loan proceeds for initial start-up costs, local appropriations, gifts, grants, and all other project resources.

43. “Punch List” – A list of unfinished or incorrect building items identified at project end that must be completed or corrected to complete the project.

44. “Rating Cycle” – A period of time, established by the State Board, during which the Facilities Team accepts applications from SAUs for Major Capital School Construction projects, visits each facility, rates each facility, and develops a priority list to be recommended to the Commissioner.

45. “Regional High School” – Two or more high schools that have combined (at the time of or since the Sinclair Act) or that are combining in the new innovative, consolidated 9-16 educational facility, (or a high school organized to serve two or more communities).

46. “School Administrative Unit (SAU)” – Defined in 20-A M.R.S.A. Chapter 609, §15901(6).

47. “State Board” – The State Board of Education.

48. “State/Local” – The portion of the project budget that has been approved for state subsidy.

49. “Substantially Renovated” – Any renovation for which the cost exceeds 50% of the building’s current value prior to renovation.

SECTION 2. MAJOR CAPITAL SCHOOL CONSTRUCTION PROJECT FLOW CHART, APPLICATION FORM AND SUBMISSION DEADLINES

1. Categories of School Construction Projects

A. Major Capital School Construction Projects – Major Capital School Construction projects are new construction and major renovation projects that meet the educational program needs of the school. Costs necessary to bring a building into conformance with current state recognized building and safety codes shall be included in the project budget.

B. Emergency projects will be dealt with on a case-by-case basis as deemed appropriate by the State Board. Emergency projects will be evaluated against all existing school construction needs in the state. Priority will be given to schools with the greatest needs.

2. Major Capital School Construction Project Flow Chart

Each SAU developing a school construction project shall follow the steps in the order in which they are outlined on the Major Capital School Construction Project Flow Chart.

3. Application Form

Each SAU seeking state funding for a proposed school construction project shall submit a completed application form to the Department. Application forms are available from the Department. All parts of the application must be completed.

A. Applications for integrated, consolidated 9-16 educational facilities may be made by the governing body, or bodies, of one or more school administrative unit(s) with multiple high schools together with a CTE high school as outlined in Section 15 of this rule.

B. A School Administrative Unit is eligible to apply for funding for both a major capital school construction project and an integrated, consolidated 9-16 educational facility under Section 15 of this rule.

4. Submission Deadlines

If a Major Capital School Construction project is to be considered for a given rating cycle, a completed application must be received by the Department by the date established by the Department.

5. Waivers

One or more of the requirements of any provision of this Chapter may be waived under any of the following conditions:

A. The SAU has filed a request for a waiver with the Department at least 30 days prior to the meeting of the State Board, at which the waiver is to be considered.

B. The Commissioner submits a request to the State Board for a waiver.

C. The State Board finds reasons for pursuing a waiver.

D. Waivers of time deadlines shall be to a time specific.

The State Board will provide in writing its reasons for granting or denying a waiver request.

SECTION 3. RATING SYSTEM

1. The rating system set forth in subsections 5 and 6 of this section and the “hold harmless” provision shall be used to rate each Major Capital School Construction project application when it is applicable. “Hold harmless” means the rating points assigned to a project application that relate directly to health, safety and energy efficiency as outlined in Priority A may not be reduced by health and safety, and energy efficiency improvements made to existing buildings. This “hold harmless” provision will only apply if the project received a rating on the previous school facilities Proposed Priority List.

2. In order to be visited and rated by the Facilities Team, the application must be complete and for a public school that is currently housing students or has been officially condemned pursuant to Title 20-A M.R.S.A. §4102(2) within the last school year.

3. The Facilities Team will score each eligible project following submission of the application by the SAU and an on-site visit by the evaluators. Once all visits have been completed, a proposed priority list will be developed based upon the scores assigned to each school. The assigned scores will change only if required by a review committee’s decision pursuant to Section 4, subsection 3 of this Chapter.

The SAU is responsible for notifying the Facilities Team of any changes in local conditions prior to the release of the Department’s final recommended Priority List.

4.The rating system is based on a total of 200 points for State Board priorities as follows:

PRIORITY A: Buildings and Grounds – 90 points total

PRIORITY B: School Population – 45 points total

PRIORITY C: Program and Planning - 65 points total

5. The Rating System: Criteria and Point Assignment

PRIORITY A: Buildings and Grounds (Total 90 Points)

Criteria - Unsafe Conditions (Total of 55 Points)

Group 1: Building (maximum 40 points)

1. Building classification

2. Structure

3. Combustible

4. Access and egress

5. Boiler room

6. Electrical

7. Storage

8. Stairwells

9. Environmental hazards

10. Security

Group 2: Site (maximum 15 points)

11. Traffic/Circulation

12. Sewerage system

13. Environmental conditions

14. Water quality and quantity

15. Physical education and play areas

Criteria – Obsolete, Inefficient and/or Unsuitable (Total 35 Points)

Group 1: Program Related Facility Deficiencies and Inefficiencies (maximum 20 points)

16. Special areas - non-instructional

17. Special areas - instructional

18. Room size and arrangement

19. Effective program

20. Site size and location

21. Handicapped accessibility

Group 2: Mechanical and Building Systems Deficiencies (maximum 15 points)

22. Building Envelope

23. Heating

24. Ventilation

25. Plumbing

26. Electrical

PRIORITY B: School Population (Total of 45 Points)

Criteria - Overcrowding (Total of 27 points)

Group 1: Instructional Areas (maximum 14 points)

27. General classroom areas

28. Special areas

Group 2: Program Scheduling (maximum 13 points)

29. Extended school day

30. Student release: overcrowding

31. Classes scheduled in unsuitable areas

32. Scheduling in temporary facilities due to overcrowding

Criteria - Enrollment Estimates and Population Shifts (Total of 18 points)

Group 1: Enrollment Estimates (maximum 10 points)

33. Estimates based on enrollment projections

Group 2: Population Shifts and Other (maximum 8 points)

34. Unusual changes

PRIORITY C: Program and Planning (Total of 65 Points)

35. Career Preparation/Guidance

36. English/Language Arts

37. Health and Physical Education

38. Mathematics

39. World Languages

40. Science

41. Technology/Distance Learning

42. Social Studies

43. Visual and Performing Arts

44. Library/Media

45. Special Ed/Gifted & Talented/Alternative Education

46. Early Childhood

For both CTE Regions and Centers an individual rating will be done based upon CTE programs offered by the Region or Center. The individual ratings will also take account of programs the Region or Center seeks to offer but is unable to offer because of facility restraints.

6. The following steps shall be used by the Facilities Team to break ties that occur during the rating process for the purpose of placing the projects on the Priority List:

A. The project with more points in Priority A: Buildings and Grounds shall be placed first.

B. If a tie still exists, the project benefiting the larger number of students shall be placed first.

SECTION 4. PRIORITY LISTS, EVALUATION REPORT AND ADMINISTRATIVE REVIEW

1. Priority Lists

A. The Facilities Team shall develop a needs-based Initial Priority List for the Commissioner of those applicants for a given rating cycle based on the Rating System outlined in Section 3 of this Chapter. The Commissioner shall recommend a Proposed Priority List to the State Board. The Board will receive a Proposed Priority List.

If there are extremely hazardous conditions, the evaluators shall report the matter to the Commissioner who may refer it to the State Fire Marshal or other appropriate authority.

B. The Facilities Team will develop a priority list for the Commissioner of those applicants for an integrated, consolidated 9-16 educational facility.

Funds used for the integrated, consolidated 9-16 educational facilities selected may not impact the funds that would normally be used for new school construction projects that are prioritized and selected under the current guidelines set forth in this chapter. Implementation of this innovative model would occur only with a specific increase in debt service to create a pool of available funds for the model based on the criteria set forth in Section 15 of this rule.

2. Evaluation Report

After receipt of the Proposed Priority List by the Board, the Department will ensure the delivery of an individualized Evaluation Report to the office of the superintendent of schools of each evaluated facility. This report shall include the scores for each category and sub-category used by the Department to rate that facility.

3. Administrative Review

A. An SAU may appeal its point rating. The unit must demonstrate by clear and convincing evidence that an error was made in the evaluation rating of the project application based solely on the information included in its project application and presented during the site visit. If an SAU wishes to appeal its point rating a written request for administrative review along with a written demonstration of the alleged error shall be made to the Commissioner within 30 days of receipt of the SAU’s individualized Evaluation Report described in subsection 2 of this section. Forms to request administrative review may be obtained from the Department. A Review Committee consisting of the Commissioner or the Commissioner’s designee and two members of the Department staff appointed by the Commissioner other than members of the Facilities Team will review the written demonstration submitted by the SAU and presented by the SAU at an informal hearing. The Review Committee may call upon others to provide relevant information.

B. Notification of the Review Committee’s findings of fact and decision shall be made in writing within sixty (60) days of receipt of the request for administrative review.

C. The Review Committee’s findings of fact and decision will constitute final agency action.

4. Final Priority List

A. Following either the close of the period in which appeals are permitted, or the completion of the Administrative Review process, the Proposed Priority List as recommended by the Commissioner and approved by the State Board becomes the Final Priority List.

B. For the Integrated, Consolidated 9-16 Educational Facility projects following either the close of the period in which appeals are permitted, or the completion of the Administrative Review process, as appropriate, the Proposed Priority List as recommended by the Commissioner is submitted to the State Board. The State Board will select from the recommended Proposed Priority List a qualified applicant to implement the innovative model.

SECTION 5. APPROVED PROJECTS LIST

After the Final Priority List is established, the Commissioner shall recommend and the State Board shall designate projects from that list that it intends to fund for a given Rating Cycle. This will be the Approved Projects List. The number of designated projects for funding will be determined by available resources. Should resources permit, additional projects may be approved by the State Board and they shall be selected from the Final Priority List.

Placement on the Approved Projects List is an acknowledgement that the pupils in the rated facility have a significant need to be housed under improved circumstances. It does not assure replacement of the facility(ies) that received the rating.

If resources do not allow all the projects on the Approved Projects List to be funded, the unfunded projects will be placed at the top of the Approved Projects List of the next Rating Cycle.

SECTION 6. SCHOOL CONSTRUCTION ELIGIBILITY AND APPROVAL PROCESS

1. Adequate Education

In making a determination under 20-A M.R.S.A. §15905(2) as to whether a proposed high school designed for less than 300 pupils will have an “adequate education program,” the State Board shall consider criteria listed below. The Board will obtain information from the Department when available. Other data shall be provided by the applicant SAU. These data shall be submitted to the State Board no later than 60 days after the State Board has designated the project for placement on the Approved Projects List. The State Board may consider such other information as it considers relevant to a given application. Similarly, the applying SAU may submit to the State Board any additional information it deems relevant.

After reviewing these materials, the State Board will determine whether the SAU will have the capacity to provide an adequate education program. The State Board will have 60 days from the receipt of the following data to issue, in writing, its decision and the rationale for that decision.

A. Faculty Quality - The percentage of faculty holding provisional or professional certification shall be no more than one standard deviation below the State average for schools of 300 or less.

B. Graduation Rate - The State Board shall review the graduation rates for each of the most recent five years. The average for those years shall be no more than one standard deviation below the State average for secondary schools of 300 or fewer students for the same period.

C. Maine State Evaluation System - For the preceding five years, the percentage of students who fall within the “Does Not Meet the Standard” category shall be no more than one standard deviation greater than the State average for this category for schools of 300 or less.

D. Fiscal Sustainability - The applicant SAU must demonstrate fiscal capacity to maintain both its facilities and an adequate education program based on data in the following areas:

(1) Enrollment Data - History for the last ten years (Department data) and a projection for the next ten years.

(2) Budget History - Revenues and expenditures for the last five years and projected budgets for the next five years based on EPS, mill rate, number of students, etc.

(3) Income Data and Trends - Household income data for the most recent five-year period for which they are available for all communities to be served.

(4) Valuation - Current and previous five-year valuation for the communities involved and any expected changes in the near future (e.g., new industrial complex planned, etc.).

(5) Operational Costs - Projected operational costs for the proposed facility for each of the next five years using the Department model.

(6) Financial Obligations – A report of any projected increase/decrease in major financial obligations and the capacity of the communities to absorb them as anticipated for the next five years.

E. Comprehensive Education Plan - The applicant unit must demonstrate that it has a Comprehensive Education Plan that meets the criteria and standards established by the Department and the State Board as set forth in Chapter 125 and also relevant sections of Chapter 127, with particular attention to the current and future education programs and recent results in the following aspects of the Comprehensive Education Plan:

(1) Access for all students to a curriculum that is fully aligned with the Maine Learning Results.

(2) A comprehensive program with adequate resources and a component that assists all students in planning for post-secondary education.

(3) A comprehensive student support program designed to assist all students in meeting the Maine Learning Results.

(4) A technology program that is fully integrated into the curriculum and provides all students with access to computing and other relevant technologies as they emerge.

Any denial of approval by the State Board under these provisions requires a determination that alternative solutions are available. Such alternative solutions must respect distances, time on the bus, and health and safety concerns. In addition, an alternative solution, if it will include major capital school construction, must respect the considerations specified in Section 6, subsection 1, paragraph D, “Fiscal Sustainability,” with particular attention to item (5), “Operational Costs.”

2. Eligibility for State Funding

An analysis of the availability and accessibility of solutions, utilizing space at existing or new facilities in the region, shall be conducted prior to any decision on eligibility for state funding.

A. Site Approval – All projects must receive Site Approval by the State Board. In order to be considered for Site Approval, each SAU must, at a minimum, have successfully completed a site application. In considering new sites, schools should first refer to the requirements of Chapter 60, which deals specifically with school siting. In instances where additional property is to be acquired, each SAU must have secured an option on said site and have obtained appraisals as outlined in Section 7 subsection 4 of this Chapter. Prior to Site Approval the SAU shall hold the first of two required public meetings to present the site to the public and to take and record a straw vote. If the State Board approves the recommendation for Site Approval, the State Board will issue a Letter of Site Approval to the SAU. In considering applications for Site Approval the State Board shall be guided by Chapter 60 of its rules. Consideration should be given to new facilities in service centers and in-town locations that offer such advantages as fewer students requiring bussing and the easy availability of utilities.

B. Concept Approval – The State Board will consider Concept Approvals at any of its regularly scheduled meetings based on the recommendations of the Commissioner. Concept Approval will be considered following Site Approval. Prior to consideration by the State Board for Concept Approval, the SAU shall provide to the Department a conceptual presentation of a proposed solution and conduct a second public meeting, prior to the State Board Concept Approval meeting, to present the same information to its public as it will to the State Board. There shall be a straw vote and the results must be reported to the State Board. The proposal shall include a projected preliminary budget that shall be the maximum total allowable budget for the project. The state/local share approved for inclusion for debt service at Concept Approval may not be exceeded without State Board approval and a subsequent local favorable referendum. If the State Board approves the recommendation for Concept Approval, the State Board will issue a Letter of Concept Approval to the SAU.

C. Approval of Local Voters - Prior to requesting State Board Design and Funding Approval each school construction project must gain a favorable vote in a local referendum pursuant to 20-A M.R.S.A. §15904.

D. Design and Funding Approval – After drawings are 100% complete the State Board will consider Design and Funding Approval at any of its regularly scheduled meetings based on the recommendation of the Commissioner. If the State Board approves the recommendation for Design and Funding Approval, the State Board will issue a Letter of Design and Funding Approval to the school administrative unit.

E. Final Funding Approval – Final Funding Approval by the Commissioner will occur after contract bidding. All SAUs shall comply with Section 11 of this Chapter. The Commissioner or the Commissioner’s designee will establish a Final Project Budget at the time of Final Funding Approval. The Commissioner will issue a Certificate of Final Funding Approval.

F. Time Limitations - The following time limitations apply to all Major Capital School Construction projects.

(1) Every project placed on the Approved Projects List will be assigned a calendar year within which Concept Approval shall be obtained. Failure to obtain Concept Approval within the designated year shall result in removal from the Approved Projects List unless a waiver is obtained from the State Board at least 30 days prior to the expiration of the SAU’s assigned year. To be considered for a waiver, the SAU must present to the State Board a proposed timetable and plan for obtaining Concept Approval. Approval by the State Board of the proposed timetable shall constitute a waiver.

(2) Within six months after the date of State Board Concept Approval, a project must secure a favorable local referendum vote. Projects not receiving a favorable local referendum vote within six months of Concept Approval will be removed from the Approved Projects List.

(3) Within eighteen (18) months of a favorable local referendum vote, a project shall be presented to the State Board for Design and Funding Approval.

(4) Within nine months of State Board Design and Funding Approval, a construction contract shall be signed.

(5) In cases when the SAU’s referendum includes the provision for Interest-Only Local Interim Financing and the referendum fails, the SAU shall return to the State Board for Concept Approval on the schedule originally assigned to it, and the provisions of paragraph F(1) thru (4) of this subsection shall apply.

G. Building Standards - All school construction projects involving state funds in the construction of new facilities, additions to existing buildings, or major alterations of existing buildings shall be designed and constructed with materials that provide long-term durability, meet energy efficiency standards as defined in 5 M.R.S.A. §§ 1762-1769, and Bureau of General Services Rule Chapter 60, and go through the stages of State Board approval outlined in this section.

All construction shall conform to conservation standards as specified by the Facilities Team.

H. Construction Change Order Requests – Owner-initiated change orders require prior approval from the Facilities Team and will be at local cost. When an owner initiated change is considered necessary by the Facilities Team, the change order may be at state/local expense. The Facilities Team shall determine the funding source of all change orders. Errors and omissions changes require approval from the Facilities Team.

I. Ventilation Requirements – The school administrative unit will utilize the best-available practice national standards of the American Society of Heating, Refrigerating and Air Conditioning Engineers (ASHRAE) for inspection, maintenance, ventilation and filtration.

SECTION 7. SITE SELECTION

To receive Site Approval by the State Board a site must conform to the following requirements:

1. Site Requirements

School building sites shall have sufficient usable land to provide for the following:

A. Such structures as are needed for the education program and any necessary adjunct services such as a well or septic system,

B. Safe access for vehicles and pedestrians including appropriate separation of private vehicles, school buses and service and delivery vehicles,

C. Reasonable future additions to the project,

D. Appropriate recreation areas and playing fields, and

E. Sufficient parking for staff, visitors and reasonable community use.

Site requirements may be met by adding together non-contiguous parcels of land when those parcels safely support the educational programs of the school.

2. Maximum State-Subsidized Site Size

A. Maximum reimbursable site size for elementary schools is defined as 20 acres plus one (1) acre for each 100 students.

B. Maximum reimbursable site size for middle schools (any combination of two (2) or more grades (5 through 8)) is 25 acres plus one (1) acre for each 100 students.

C. Maximum reimbursable site size for secondary schools is defined as 30 acres plus one (1) acre for each 100 students.

D. Maximum site size for other grade configurations shall be based on the highest grade level included in the project.

3. Location

A. The selection of sites for new school facilities shall be in compliance with the provision of 30-A M.R.S.A. Chapter 187, subchapter II, and any local ordinances governing the location of school buildings. 30-A M.R.S.A. Chapter 187, subchapter II, also known as the Municipal Growth Management Law, includes provisions for municipal development and administration of local comprehensive plans. Applications for school construction projects shall include reference to and assurance of compliance with local comprehensive plans when they exist.

B. Site Investigation - An SAU shall conduct a Department of Environmental Protection Phase I Environmental Assessment of the prior uses of the proposed site.

C. Consideration should be given to providing the minimum travel distance for the maximum number of students.

4. School Site Appraisal

A. Appraised Value –

(1) Application for approval of a new school building site must be accompanied by an option to purchase the land and two certified appraisals based on similar recent purchases. The average of the two appraisals is defined by the State Board as the "appraised value." If the lower of the two appraisals varies from the higher by more than 25 percent of the lower appraisal, a third appraisal must be secured and the average of the three appraisals will become the appraised value.

(2) When information on similar recent purchases is not available, other methods of determining value may be used with the approval of the Commissioner.

B. Cost Limitation – The maximum amount eligible to be included in the state funding of school construction projects shall be the appraised value of each school site, limited to the maximum approved site size.

C. Title – An SAU must demonstrate to the State that the unit can obtain a clear title to the property without encumbrances.

5. Funding Restrictions

A. The cost of land acquired for a Major Capital School Construction project to the extent that it exceeds the maximum site size shall be entirely at the SAU’s expense and shall not be eligible for state subsidy. State subsidy will only apply to the acreage approved by the State Board and shall be at the rate of the average cost per acre for the entire site.

B. Sites acquired prior to receiving State Board Site Approval must meet all of the following requirements :

(1) the SAU is placed on the Approved Projects List; and

(2) the site receives State Board Site Approval; and

(3) the cost that is eligible for subsidy shall be either the purchase price of the site, or the current appraised value as determined by the procedure detailed in subsection 4 paragraph A of this section, whichever is less.

6. Approval by State Board

The final decision on school Site Approval rests solely with the State Board, which shall be guided by the requirements of State Board Rules Chapter 60, New School Siting Approval.

SECTION 8. CONCEPT APPROVAL

Each SAU developing a construction or renovation project shall complete the work required by the Education Specifications: Designing Maine’s Schools for Tomorrow’s Students.

1. Educational Specifications

The Educational Specifications are to be used by the SAU, the Bureau of General Services, designers, and the Department in developing the plans and specifications for the proposed project.

2. Space Allocation Workbook

Each SAU shall submit a Space Allocation Workbook in a format acceptable to the Department. This workbook shall be based on the guidelines provided by the Department and periodically reviewed by the State Board. The Space Allocation Workbook shall guide the SAU, the designer, and the Department in determining the appropriate size of the new or renovated facility. For purposes of determining square footage of a facility, tuition students shall be considered as resident students provided that a long-term tuition contract exists.

3. Community Use of School Facilities and Percent for Art

A. Consistent with the provisions of 20-A M.R.S.A. §15911, the State Board encourages the public use of school facilities insofar as that use is compatible with regular school use.

The State Board encourages the inclusion of works of art as provided in the Percent For Art statute. Up to one percent of the construction cost or the maximum as defined in 27 M.R.S.A. §§ 451-459, whichever is less, may be included in the project budget. All costs of building modifications, structural support or blocking, electrical power and installation are to be borne by the Percent for Art budget.

4. In accordance with 20-A M.R.S.A. §15908-A, all planning for the construction of a new school or for a substantially renovated school that is built, in whole or in part, with state funds including schools funded through state bonds or the Bond Bank must demonstrate consideration of the most energy efficient and environmentally efficient design suitable for the project by:

A. Considering architectural designs and energy systems that show the greatest net benefit over the life of the building by minimizing long-term energy and operating costs;

B. Including a life-cycle cost analysis that explicitly considers costs and benefits over a minimum of 30 years and that explicitly includes the public health and environmental benefits associated with energy-efficient building design and construction to the extent these benefits can be reasonably quantified.

The life-cycle cost analysis should be combined with the Life Cycle Analysis required by Section 9, subsection 3 of these rules.

5. A school unit proposing to renovate a school that is on the Register of Historic Places or is eligible for nomination to the Register as defined in 20-A M.R.S.A. §15908-A(4)(A) may receive a waiver of the energy requirements of this section if the school unit can demonstrate that it can meet two of the three provisions in 20-A M.R.S.A. §15908-A(4)(A). Waivers are granted by the State Board in consultation with the Public Utilities Commission and the Director of the State Historic Preservation Commission. The local school authority must demonstrate that the renovation of the historic school building would not compromise the public health and safety requirements of this chapter.

SECTION 9. DESIGN AND FUNDING APPROVAL

Each SAU developing a construction or renovation project shall provide the following information to the Department.

1. Proposed Building Technology Plan

An SAU shall provide a written Technology Plan for the building to the Department prior to design development review.

2. Facility Maintenance Plan

The State Board requires an SAU applying for state funds for a school construction project to establish a facility maintenance plan for the projected life cycle of the proposed school building. Facility Maintenance Plans shall comply with:

20-A M.R.S.A. Chapter 201, §4001(1)(7);

20-A M.R.S.A. Chapter 609, §15901(2);

20-A M.R.S.A. Chapter 609, §15905(6); and

20-A M.R.S.A. Chapter 609, §15918.

3. Life Cycle Analysis is an analysis of energy related alternatives with the objective of selecting the most cost-effective building systems for the project relating to initial cost, maintenance cost, and the expected life of the system.

4. Construction Estimates

Prior to Concept Approval, the architect shall prepare and provide to the Department an estimate of the cost of the proposed facility. A second estimate, prepared by a party satisfactory to the Facilities Team, shall be submitted to the Department prior to Design and Funding Approval. The estimates will guide the owner, the architect, and the Department in the decision to go forward or to reconsider elements of the design.

5. Commissioning

Commissioning may be supported with state/local monies.

6. Facilities Team Review

A review with the Facilities Team is required when the plans and specifications are at 100% completion.

SECTION 10. FINAL FUNDING APPROVAL

1. Final Funding Approval

Final Funding Approval by the Commissioner establishes the Project Budget and takes place after construction bids have been received. At that time the Commissioner may reduce the budget to finance the project, thus providing additional funds for other projects. Expenditures from each line item shall not exceed the amount of that line item except as approved by the Facilities Team. The Commissioner’s Certificate of Final Funding Approval will also specify the date of the bond sale for the project and the length of the bonding period.

2. Approval of Contingency Usage

The bid and project contingency funds of each project budget will only be expended with the approval of the Facilities Team.

3. Line Item Surplus

When a line item of the Project Budget has surplus funds after all obligations have been met, the SAU shall not expend the surplus without the approval of the Facilities Team.

4. Moveable Equipment

A. Budget Requirements: Moveable equipment costs will generally constitute 4% of the building construction costs in a project budget. This percentage may be increased for special and unique circumstances specifically pertaining to Career and Technical Education projects or may be modified by the State Board upon recommendation of the Facilities Team on a case-by-case basis. This budget may be adjusted by the Commissioner at the time of Final Funding Approval.

B. Submission of Moveable Equipment List: A Moveable Equipment List for the project shall be developed by the SAU and submitted to the Facilities Team within twelve (12) months of the signing of the construction contract. Items on the SAU’s Moveable Equipment List must be approved by the Facilities Team and a copy of the approved list must be maintained by the Department.

C. Should the SAU wish to purchase an item or items not on its approved Moveable Equipment List maintained by the Facilities Team, the SAU shall submit a written request for permission to purchase the item or items. The Facilities Team shall approve or deny the request in a timely manner and notify the SAU of its decision.

Moveable equipment will be purchased with state/local funds when it has received prior approval by the Facilities Team.

5. Monthly Budget Tracking

The SAU shall track the monthly expenditures and revenues of the project using the format provided by the Facilities Team. This information shall be submitted to the Facilities Team and compliance review staff for periodic review.

6. Project Management

The Department shall have a representative for each project whose responsibility will include but not be limited to the following: attending monthly requisition meetings, monitoring construction progress, reviewing proposed change orders, conducting monthly reviews of financial statements and acting as a conduit to the Department’s Director of School Facilities. The SAU may employ an Owner’s Representative to meet the additional local needs of the project.

SECTION 11. FINANCING SCHOOL CONSTRUCTION

1. All school construction project funds (both state and local) shall be deposited in a newly established school construction interest-bearing account with unused proceeds remaining invested at all times. School construction project funds maintained in bank and investment accounts shall not be commingled with non-project funds of the SAU.

2. Accurate financial records shall be maintained, in the SAU’s accounting system, of all fiscal transactions and activities relative to the construction project, including:

cash receipts;

all expenditures including all expenditures from proceeds of notes and bonds issued for the project by date, payee and amount;

all investment earnings on notes and bonds issued for the project by date, source and amount;

short-term borrowing and investments of bond proceeds (particularly the dates and rate of interest);

bank statements; and

other related project documents.

Parties must maintain all records for which they are responsible. Parties that may be directly involved with maintaining records are municipal officials, the municipal finance director or town treasurer, the superintendent of schools, or the SAU’s financial staff. Prior to the final compliance review conducted by the compliance review staff, all project-related records shall remain in a secure and accessible on-site location. After the final compliance review is conducted by the compliance review staff, all project-related records shall be retained for seven years. These records shall remain in a secure and accessible location for two years and then may be transferred to a secure location for the remaining five years. Department personnel may meet regularly with SAU staff during the project to provide guidance on record-keeping.

Parties should retain records in accordance with the requirements certified by the SAU to its lender for tax exempt bond financing and in anticipation of possible audits by the Internal Revenue Service.

School construction revenues and expenditures must be included in quarterly financial reporting to the Department’s financial reporting system.

3. State Funds

The Department shall include the appropriate amount of debt service principal and interest in an SAU’s debt service allocation.

4. Investment of Project Funds

A. Unused portions of note proceeds, bond proceeds, and any interest earned thereon, shall be kept invested at all times with:

adequate consideration to safety of principal;

sufficient liquidity for project needs and subject to those paramount considerations; and

the highest available interest rate.

Such investments shall also be in accordance with 30-A M.R.S.A. §5706 and §5711.

B. If the compliance review reveals that project funds were not deposited in an interest-bearing account(s) and unused proceeds did not remain invested, the compliance review staff will prepare a cash flow analysis at the time of the final compliance review to determine the estimated amount of interest that would have been earned had funds been invested. The SAU will be required to pay the amount of estimated net interest that would have been earned had project funds been appropriately invested.

C. SAUs are required to have calculated the amount of arbitrage rebate attributed to the investment of project funds that is currently due or estimated to be due to the Internal Revenue Service prior to the final compliance review. Amounts due or payable to the Internal Revenue Service may be deducted from amounts required to be returned in accordance with Section 13. When an SAU selects the two-year spending exception to rebate option pursuant to Section 1.148-7 of the U.S. Treasury regulations, the amount of interest reinvested in the construction project will be deducted from the amount of project costs to be subsidized. At the time the bond has been issued an SAU must notify the Department that it has selected the two-year spending exception to rebate option and shall provide documentation that proceeds have been allocated to expenditures in accordance with the schedule pursuant to Section 1.148-7 of the U.S. Treasury regulations.

D. Interest earned from investment of project funds shall be determined at the time of the final compliance review of the project by the compliance review staff.

E. Interest earned as a result of the investment of insurance proceeds, gifts or federal funds available to the project may be retained by the SAU and used for school purposes.

F. Subject to a deduction allowed for the interest expense of State / Local BANs, net interest earned on the project funds, including those held in an SAU’s investment account(s), shall be returned upon completion of the final compliance review and be applied as school construction audit recoveries in accordance with 30-A M.R.S.A. §6006-F(2)(F) except when the two-year spending exception to rebate option has been selected pursuant to paragraph C above. The deduction allowed for the interest expense of State/Local BANs shall not exceed the income earned on State / Local BANs and bonds except as otherwise allowed by this Rule.

G. Net interest earned on the local-only share determined at the time of the final compliance review may be retained by the SAU but used for school purposes.

H. Interest earned between the time of the final compliance review and payment of the final settlement may be retained by the SAU but used for school purposes.

5. Temporary Borrowing or Bond Anticipation Notes (BAN)

A. Temporary borrowing prior to the issuance of bonds shall be accomplished as follows:

(1) On a written, competitive basis at the lowest interest rate available, or by a method approved in writing by the Commissioner.

(2) An SAU may borrow up to the estimated amount necessary to finance start-up costs until bonds are sold in accordance with the bond sale date provided in the Certificate of Final Funding Approval issued by the Commissioner, with the understanding that unused note proceeds shall be kept invested in accordance with subsection 4 paragraph A of this Section.

B. An SAU shall include in the Concept Approval budget, as a local expense, any anticipated interest cost of temporary borrowing that exceeds anticipated interest income.

C. In the event the interest cost of temporary borrowing exceeds the interest income:

a detailed accounting of investments and costs shall be prepared by the compliance review staff at the time of the final compliance review;

any interest cost of temporary borrowing that exceeds interest income shall be the responsibility of the SAU;

in exceptional circumstances and upon approval of the Commissioner, the net interest cost of temporary borrowing may be included in the SAU’s

a. state/local allocation as a debt service cost, or

b. as an audit adjustment to the SAU’s subsidy calculation.

D. Interest costs of temporary borrowing shall be determined at the time of the final compliance review of the project by the compliance review staff.

E. Documentation of principal and interest payments on loans and BANs shall be submitted to the Facilities Team with the monthly report required by Section 10, subsection 5 of these rules.

6. Interest Lost

A. Estimated interest lost because of the use of non-project local funds for incidental start-up costs, following placement of the project on the Approved Projects List and prior to receipt of temporary borrowing proceeds, will be determined by the compliance review staff at the time of the final compliance review of the project.

B. The amount of interest lost will be deducted from interest earned on the investment of project funds and may be retained by the SAU and used for school purposes only.

C This does not apply to projects during the period of interest-only interim local financing as defined in 20-A M.R.S.A. §15905(7).

7. Disposition of Unused Bond Proceeds

A. Within thirty (30) days of the date of the final compliance review letter, and upon agreement to the final compliance review, the balance of the unused bond proceeds identified after final close out of the SAU’s project shall be deposited in a segregated, interest-bearing escrow account.

B. After the final compliance review an SAU shall use all of the unused bond proceeds, and any accrued interest earned that is not subject to arbitrage rebate under the Internal Revenue Code, to pay down the debt service costs on subsidized school construction bonds.

C. An SAU shall inform the compliance review staff of the amount deposited in a segregated account, the date that net proceeds from the account can first be used to pay down debt service costs, and an estimate of the amount of funds (principal and interest) in the account that is expected on that date.

D. Unused bond proceeds of $5,000 (five thousand dollars) or less are considered de minimis amounts and will not result in a reduction of the debt service subsidy.

8. Non-Allowable Expenditures

Non-allowable expenditures shall be the financial responsibility of the SAU and will be determined at the time of the final compliance review by the Facilities Team and compliance review staff.

9. Interest-Only Interim Local Financing

A. The State Board may accelerate the dates on which it grants Concept Approval and Design and Funding Approval for a school construction project that has been placed on the Approved Projects List of the State Board, on the condition that the SAU provides interest-only interim local financing for the project.

B. The period of interest-only interim local financing must be determined by the State Board at the time Concept Approval is granted for a project and must be based on the time difference between the date that Final Funding Approval is expected to be granted on an accelerated basis and the date that Final Funding Approval would have been expected to be granted in the normal course.

C. Interest-only interim local financing shall be in accordance with 20-A M.R.S.A. §15905(7).

SECTION 12. BONDING OF MAJOR CAPITAL SCHOOL CONSTRUCTION PROJECTS

Bonds for Major Capital School Construction projects shall be sold after favorable local referendum vote on a schedule approved by the State Board that accommodates the approved debt service limit as established by the Legislature.

1. The Commissioner shall be guided by the following table in determining the length of school construction bonding issues:

A. Bond issues of $2,500,000 and under - 15 years

B. Bond issues in excess of $2,500,000 - 20 years

2. Sale of Bonds

A. The sale of bonds shall be consistent with Section 12 of this Chapter and bonds shall be sold by the bond sale date specified in the Certificate of Final Funding Approval issued by the Commissioner.

B. Proceeds of the bond sale shall be used immediately or at the earliest possible date, whichever is in the best interest of the project, to pay principal and interest costs due to temporary borrowing or BAN.

3. The Certificate of Final Funding Approval issued by the Commissioner shall specify the length of the bonding period.

4. Bonds may be sold only in accordance with the dates specified in the Certificate of Final Funding Approval issued by the Commissioner. All notices of bond sale must contain the following stipulations:

A. Bidders must state the rate or rates of interest per annum that the several maturities of the bonds are to bear.

B. The principal pay down of the respective loan shall be structured in a manner that the principal repayments are level to the extent that such structure complies with industry standards. The number of principal payments shall not exceed twenty (20).

C. Bonds sold during the fall (Fall Sale) of the first half of the fiscal year beginning July through December (i.e., last six calendar months) have respective first interest payments in the second half of the fiscal period from January through June (i.e., first six calendar months of the next calendar year), with principal and interest payments to commence in the following fiscal year’s first half (i.e., the last six calendar months of the next year), and with subsequent interest and principal payments to follow each six months and twelve months respectively, until bonds mature.

Note - Example of Fall Sale: bonds are sold in November 2024 – first State debt service payment will be interest only occurring in May 2025 (six months after the sale of bonds), second State debt service payment will be interest plus principal occurring in November 20125 (twelve months after the sale of bonds), with payments of interest occurring each May and principal and interest occurring each November thereafter until bonds mature;

D. Bonds sold during the spring (Spring Sale) of the second half of the fiscal year beginning January through June (i.e., first six calendar months), have respective first interest payments in the first half of the following fiscal period from July through December (i.e., second six calendar months of that calendar year), with the following interest payment to be made in the subsequent second half of the fiscal year from January through June (i.e., the first six calendar months of the following calendar year), with principal and interest payments to commence in the following fiscal year’s first half from July through December (i.e., the last six calendar months of the following calendar year), and with subsequent interest and principal payments to follow each six months and twelve months respectively, until bonds mature.

Note - Example of Spring Sale: bonds are sold in May 2024– first State debt service payment will be interest only occurring in November 2024 (six months after the sale of bonds), second State debt service payment will be interest only occurring in May 2025 (twelve months after the sale of bonds), and third State debt service payment will be interest plus principal occurring November 2025 (eighteen months after the sale of bonds) with payments of interest occurring each May and principal and interest occurring each November thereafter until bonds mature.

SECTION 13. PROJECT COMPLIANCE REVIEW

1. The compliance review staff may conduct interim compliance reviews of non-completed school construction projects in order to determine compliance as of the date of the compliance review.

2. All school construction projects will be subject to a final compliance review by the compliance review staff before a final settlement is established. The amount of the final settlement, if any, must be submitted to the Department, made payable to the Treasurer of the State of Maine, and indicate that the payment is for final settlement of the school construction project. No further purchases from the construction account will be allowed once the project is determined to be completed. Completion date of the project shall be determined by the Facilities Team. The completion date may be changed upon written approval by the Commissioner. In cases where delayed or staggered payments of final settlement due to the state are made beyond the time specified in the final compliance review summary, interest will be charged to the SAU. Interest due will be calculated by the compliance review staff.

SECTION 14. NON-STATE FUNDED PROJECTS

Pursuant to 20-A M.R.S.A. §15905-A, SAUs must obtain the approval of the Commissioner for non-state funded projects.

SECTION 15. INTEGRATED, CONSOLIDATED 9-16 EDUCATIONAL FACILITY

Except where language in this section specifies to the contrary, all provisions of Chapter 61, “Rules for Major Capital School Construction Projects,” are applicable to projects authorized under Section 15.

1. A Major Capital School Construction Project for an Integrated, consolidated 9-16 Educational Facility shall articulate the following criteria:

A. Facility will consolidate and integrate secondary and post-secondary education for:

A regional high school

A fully integrated career and technical education high school

A higher education center that will provide courses and degrees or licensure and certification from both the University of Maine System and the Maine Community College System; and

Industry training leading to recognized licensure and certification.

B. Facility will promote ‘one campus’ design and each of the four components listed in subsection 1(A) above, must have a physical presence on the campus and use facilities on that campus to deliver courses; each of the four components must also offer teacher and student interaction that is not separated in space, or space and time as characterizes distance learning, although the Internet, videoconferencing and other technology employed in distance learning may be used to complement or expand offerings. Courses may be provided using the Internet, videoconferencing and other technology employed in distance learning to complement real-time, shared-space learning.

C. Administration of the four educational programs will be consolidated whenever possible.

D. Long-term sustainability and cost reductions resulting from either consolidation and/or integration of programs over a ten year period will be explained.

E. Implementation of an advisory body that is integrated with the local economy, includes students, citizens, business leaders, teachers, parents and organizations to promote both employment opportunities for students and citizens and a skilled workforce optimal for economic development.

2. Rating Sheet for Consolidated, Integrated 9-16 School

For schools applying for a major capital construction project under Section 15 of Chapter 61, this rating sheet shall be substituted for Section 3.

A. Required elements articulated in Resolve, Chapter 223 (60 points):

(1) Approved minutes and other documents indicating that the governing bodies of at least two high schools or a regional high school together with a CTE school (center/region) have committed to participate in the proposed school.

(2) Documentation as to the form of governance for the proposed school, including indication of the fiscally responsible entity.

(3) Evidence of a commitment by the University of Maine System, or a unit thereof to offer courses and degrees to students attending the proposed facility.

(4) Evidence of a commitment by the Community College System, or a unit thereof, to offer courses and degrees to students attending the proposed facility.

(5) Evidence of commitments by appropriate community businesses or business organizations to provide industry-specific training to students attending the proposed facility.

(6) Names and organization constituency for the Advisory body.

B. A description of the integrated mission and goals and the long range plan for the implementation of an integrated, consolidated 9-16 educational facility (30 Points)

C. Integration of Programs (50 Points)

(1) Describe the way and extent to which the programs offered to traditional, college-bound students will be integrated with the programs focused on career and technical education. (Integration requires more than opening courses and programs to cross registration.)

(2)Describe and detail the programs to be offered in the regional high school.

(3) Describe the specific approaches to be used to assure that all students will be able to meet the Maine Learning Results.

(4) List the strategies and approaches to be used to ensure that the higher education courses and programs are offered in facilities located on one site, providing a streamlined and integrated learning experience for students of all ages.

(5) Detail the industry-specific training to be offered to students at the proposed facility by business organizations. Describe the organization(s) that will offer the training.

D. Professional Training (20 Points)

Describe approaches and methods to be used to assist all faculty in carrying out the mission and goals of an integrated and consolidated educational facility

E. Administration of Proposed Facility (40 Points)

(1) Describe the way in which the administrations of the regional high school, career and technical high school, higher education programs, and industry training center will be integrated.

(2) Detail the cost savings anticipated as a result of the integrated administration.

(3) Implementation of the innovative models would occur only with a specific increase in the debt service to create a pool of available funds for the innovative model based on the criteria in Section 15 of this rule.

History

• STATUTORY AUTHORITY: 20-A M.R.S.A. §3
• STATUTORY AUTHORITY: 20-A M.R.S.A. §405(3)(J)
• STATUTORY AUTHORITY: 20-A M.R.S.A. §15905 sub-§4
• STATUTORY AUTHORITY: P.L. 2001 c. 439 Part 0000 §0000-3
• STATUTORY AUTHORITY: P.L. 2007 c. 240 Part MM Chapter 103-A
• STATUTORY AUTHORITY: P.L. 2008 c.223
• EFFECTIVE DATE: October 27, 1978
• AMENDED: November 9, 1979
• REPEALED & REPLACED: September 1, 1981
• AMENDED: January 20, 1984
• AMENDED: June 25, 1984
• AMENDED: November 30, 1985
• AMENDED: September 19, 1986
• AMENDED: September 8, 1987
• AMENDED: January 25, 1988 – Section I
• AMENDED: May 16, 1990
• AMENDED: October 2, 1991
• AMENDED: February 3, 1993
• AMENDED: November 1, 1994
• EFFECTIVE DATE (ELECTRONIC CONVERSION): May 19, 1996
• AMENDED: April 4, 2000 - including changes in section numbers
• NON-SUBSTANTIVE CORRECTION: November 23, 2000 - page number correction in Table of Contents
• REPEALED AND REPLACED: February 2, 2003 - filing 2003-35
• AMENDED: September 7, 2003 – filing 2003-307, Section 1(15), 11(6)(B)
• AMENDED: August 4, 2004
• AMENDED: July 11, 2006
• AMENDED: June 13, 2008
• AMENDED: September 15, 2008 [Emergency 90-day Rule]
• AMENDED: April 22, 2009
• AMENDED: August 15, 2009
• AMENDED: May 25, 2012 – filing 2012-132
• AMENDED: August 17, 2013 – filing 2013-169 (Final adoption, major substantive)
• AMENDED: June 10, 2022 – filing 2022-090 (Final adoption, major substantive)
• AMENDED: June 12, 2024 – filing 2024-122
• AMENDED: APAO WORD VERSION CONVERSION (IF NEEDED) AND ACCESSIBILITY CHECK: July 15, 2025

Chapter 64 Maine School Facilities Program and School Revolving Renovation Fund(a joint chapter with the Maine Municipal Bond Bank, 94-376)

Code Me. R. 05-071 Ch. 64 Maine School Facilities Program and School Revolving Renovation Fund {#sec-05-071-ch.-64 omnilex-key=us-me-regs-official--dept-education-and-state-board-education--05-071 Ch. 64}

Summary: These rules govern the application and approval process for projects to be considered through the School Revolving Renovation Fund; Facility Maintenance and Capital Improvement Plans; Maine School Facilities Finance Program and lease and lease/purchase of temporary and interim space and permanent small instructional space.

1. DEFINITIONS

A. “ADA” means federal Americans with Disabilities Act .

B. “Administrative space” means property used for housing of superintendents, principals and school administrative unit-wide eligible administrative personnel.

C. “Avoided Costs” means savings achieved from reduced energy use as a result of a renovation project.

D. “Bank” means the Maine Municipal Bond Bank.

E. “BGS” means the Bureau of General Services of the Department of Administrative and Financial Services.

F. “Capital improvement plan” means a plan to replace and repair building systems on a building by building basis for each school administrative unit.

G. “Commissioner” means the Commissioner of the Maine Department of Education.

H. “Department” means the Maine Department of Education.

I. “Educational Program” means the school administrative unit's (SAU's) programs and services adopted by the local school board that are aligned with or support the system of Learning Results.

J. “Educational Specifications” means how a school administrative unit describes its educational goals and activities, and the interrelationships between those educational goals and activities and their associated facilities.

K. “Energy and Water Conservation Project” means a school renovation project that is designed to save energy either from reduced heating fuel, reduced electrical consumption, or other conservation measures.

L. “Equivalent cost basis” means an amount not to exceed the total annual cost currently approved for state subsidy on existing leases.

M. “Fund” means the School Revolving Renovation Fund.

N. “Hazardous material” means any chemical which is a physical hazard or a health hazard as defined by the U.S. Department of Labor Occupational Safety and Health Administration (OSHA).

O. “Instructional space” means property used for regular classrooms, small group instruction, libraries, clinics, guidance, and other instructional activities as approved by the Department. Instructional space does not include athletic or play fields.

P. “Interim instructional space” means interim instructional space under 20-A M.R.S.A. §15672(2-A)(B)(2). Interim instructional space is fixed space that a school administrative unit rents for a defined period of time and then vacates at the end of the lease.

Q. “Lease” means an agreement under which a school administrative unit rents property for a defined period of time without acquiring any permanent ownership interest in the property.

R. “Lease space” means property that a school administrative unit is entitled to use for a defined period of time in accordance with the terms of a lease.

S. “Lease-purchase agreement” means an agreement under which a school administrative unit leases space for a defined period of time at the end of which the school administrative unit has an option to purchase the property for one dollar.

T. “Lease-purchase space” means space which a school administrative unit occupies and acquires over a defined period of time in accordance with the terms of a lease-purchase agreement.

U. “Maintenance plan” means a plan to address scheduled and unscheduled repairs, upkeep, and preventative maintenance necessary to achieve the designed life expectancy of building systems and components.

V. “Permanent small instructional space” means permanent small non-administrative space under 20-A M.R.S.A. §15672(2-A)(B)(3) that is constructed to replace temporary or interim leased space which is subsidizable on an equivalent cost basis. Construction may consist of new buildings or permanent additions to existing buildings that are secured to a permanent foundation.

W. “Renovation project” means a school construction project that falls into one of the following categories:

1. Priority One: Health, safety and compliance repairs;

2. Priority Two: Repairs and improvements not related to health, safety and compliance repairs, that are limited to a school building structure, windows and doors of a school building and to a school building's water or septic system;

3. Priority Three: Repairs and improvements related to energy and water conservation;

4. Priority Four: Upgrades of learning spaces in school buildings; and

5. Priority Five: Other repairs/projects approved by the Commissioner.

X. “Temporary instructional space” means temporary instructional space under 20-A M.R.S.A. §15672(2-A)(B)(2). Temporary instructional space consists of one or more mobile or modular buildings (portables) constructed on or off site and which can be disassembled and moved economically to a new location.

2. MAINTENANCE AND CAPITAL IMPROVEMENT PLANS

A. Each school administrative unit will develop and maintain a facility maintenance plan and a capital improvement plan that includes a plan for each building in the school administrative unit.

B. Each facility maintenance plan must include, at a minimum, a maintenance and replacement schedule for all major building systems to include but not limited to the following:

1. heating, ventilation/air conditioning (HVAC);

2. plumbing and electrical systems;

3. roof systems;

4. building exterior;

5. windows and doors;

6. interior (painting, flooring, etc.); and

7. site maintenance.

C. Each ten year capital improvement plan at a minimum must include:

1. educational mission, vision and goals;

2. educational program, facility, and space usage assessment;

3. enrollment projections and new program needs;

4. match of infrastructure to programs;

5. educational specifications;

6. capital project description, schedule, and budgets; and

7. energy and water conservation analysis.

3. LEASE AND LEASE-PURCHASE SPACE

A. Temporary and interim instructionalspace

1. A school administrative unit may lease or lease-purchase temporary or interim instructional space with State support for a period not to exceed five (5) years.

2. All requests for State support for leases for temporary or interim instructional space must include a justification in the context of a long-range facilities plan.

3. The school administrative unit may appeal to the Commissioner if the five-year period restriction presents an undue burden to the unit. The decision of the Commissioner is final.

4. A lease for temporary or interim instructional space may be converted to a lease-purchase when it is consistent with the school administrative unit’s long-range facilities plan.

NOTE: Pursuant to PL 2017 Chapter 284, Sec.VVVV-9 “A school administrative unit engaged in a state-approved lease-purchase agreement for regional programs and services space that serves students from 2 or more school administrative units is eligible for state support for a maximum of 5 years.”

B. Permanent small instructional space

1. A school administrative unit may convert a lease of temporary or interim instructional space to a lease-purchase of permanent small instructional space that consists of new buildings, or additions to existing buildings, that are secured to a permanent foundation. These lease-purchases must be entered into to replace existing leases of current temporary or interim instructional space and are eligible for state support at an amount not to exceed the annual cost currently approved for existing leases and for a period not to exceed ten years from the beginning date of the financing agreement.

C. Application

1. Each unit requesting State support for a lease of temporary or interim space and permanent small space shall apply annually for such support on forms supplied by the Department. Applications must be submitted no later than September 15 in the fiscal year prior to the fiscal year of State support.

D. Subsidizable Rate

1. The Commissioner shall determine the maximum dollar amount per square foot eligible for subsidy for leased and lease purchased space on July 1 of the year prior to the granting of State support.

4. SCHOOL REVOLVING RENOVATION FUND

A. Purpose

The School Revolving Renovation Fund is established to make loans for school renovation projects that contribute to safe, healthy, efficient, and adequate school facilities in which an SAU can deliver its educational program.

B. Eligible Renovation Projects

All projects must receive Department of Education and BGS approval prior to construction in order to be eligible for funding consideration. Projects in the following categories shall be eligible for consideration for loans from the School Revolving Renovation Fund, provided that the application for funding a renovation project is submitted to the Department and is approved by the Department prior to the commencement of work on the renovation project.

1. Priority One

a) Repair or replacement of a roof on a school building;

b) Bringing a school building into compliance with the Federal Americans with Disabilities Act , 42 United States Code , Section 12101 et seq .;

c) Improving air quality in a school building;

d) Removing or abating hazardous materials in a school building;

NOTE: Pursuant to PL 2019 Chapter 158, Sec. 2 “including, but not limited to, water lead abatement or mitigation pursuant to Title 22, section 2604-B”,

and

e) Other health, safety and compliance repairs.

NOTE: Pursuant to PL 2018 Chapter 389, Sec 1 “including installations or improvements necessary to increase school facility security.”

2. Priority Two

a) School building structures;

b) Windows and doors; and

c) Water and septic systems including waste disposal systems.

NOTE: Pursuant to PL 2019 Chapter 158, Sec 2 “other than water lead abatement or mitigation pursuant to Title 22, section 2604-B.”

3. Priority Three

a) Building insulation;

b) Variable speed electric motors;

c) Efficient lighting systems and controls;

d) Alternative energy installations; and

e) Other energy and water conservation projects.

4. Priority Four

a) Upgrades of learning spaces in school buildings.

NOTE: Pursuant to PL 2019 Chapter 343, Sec. ZZZZ-1, “including renovations to retrofit learning spaces for public preschool programs.”

5. Priority Five: Other projects approved by the Commissioner.

C. Priority of Funding

Approved projects must be funded based on the availability of funds and in priority order from Priority One to Priority Five. The Commissioner of Education may approve funding for renovation projects as an exception to the Priority One to Priority Five funding rule if category-specific funds become available from sources other than principal and interest received from the repayment of loans made from the fund, interest earned from the investment of fund balances and funds from school construction audit recoveries.

D. Application

1. A Department approved application form will be accepted on a schedule set by the Department.

2. A separate application must be submitted for each individual project

3. All applications submitted to the Department must provide supporting materials appropriate to the project. These materials may include but are not limited to the following:

a) Educational program and maintenance and capital improvement plans;

b) Engineering studies, including Renovation vs. New Construction analyses, to be conducted by licensed engineers, architects or firms licensed to provide such services;

c) Life-cycle studies for renovation, energy and water conservation projects;

d) A payback schedule for avoided costs in energy and water conservation projects; and

e) Any other materials requested by the Department.

E. Application Review

1. Applications will be reviewed by the Department and assigned priority status in accordance with the rating system contained in these rules. Funds will be distributed based on funding availability and a school administrative unit’s readiness to proceed.

2. Rating System. Emergency projects will be funded before non-emergency projects.

3. Emergency. An emergency situation posing imminent danger to the health and safety of students and staff. Projects necessitated by an emergency will be dealt with on a case by case basis as determined by the Department in cooperation with the BGS.

4. The following criteria will be applied to rating of Priority One and Priority Two projects:

(i) Percentage of student population impacted;

(ii) Extent or severity of the problem;

(iii) Location within the facility;

(iv) Code violations; and

(v) Structural condition of the facility.

5. The following criteria will be applied to rating of Priority Three projects:

(i) Number of years of avoided costs necessary to pay for project;

(ii) Percentage of energy saved annually based on gallons of oil, cubic feet of natural gas, kWh of electricity, etc.;

(iii) Percentage of annual dollar savings for energy costs in the affected facility;

(iv) Life of the facility following the proposed project; and

(v) Other benefits gained.

6. Priority Four projects will be rated based on State of Maine Board of Education Rules Chapter 61, “Rules for Major Capital School Construction Projects”.

7. Bureau of General Services review. All projects, as required by 5 M.R.S.A. §1742(7), will be reviewed by BGS and only those projects approved by BGS under rules developed by the Bureau pursuant to Chapter 787 will be eligible for submission by the Department to the Bank.

8. Any project with an estimated value of $100,000 or more shall be awarded by competitive bid unless the bidding provision is waived by the Department.

F. Forgiveness Rates

1. The Bank will forgive a portion of the principal payments of a loan for an eligible school administrative unit determined by the Department based on the school administrative unit’s State share percentage as determined in 20-A M.R.S.A. §15672, subsection 31, for the most recent year of enacted General Purpose Aid. Notwithstanding these guidelines, the loan forgiveness shall be no more than 70% and not less than 30%.

2. The Department will provide the Bank with the eligible administrative unit’s State share percentage.

3. Funds allocated to an eligible school administrative unit will not be included in that unit’s debt service allocation under 20-A M.R.S.A. §15683-A.

G. Notification to the Bank. The Department will develop a list of priority projects approved for funding based on the Department's application review and BGS's approval and submit it to the Bank for funding. This list will be updated annually. Each eligible school administrative unit and the Bank shall receive an eligibility certificate which shall include the following:

1. name of school administrative unit that is eligible;

2. amount of the loan;

3. amount and percentage to be forgiven;

4. length of the loan; and

5. time limit for completion of the project.

H. Maximum Loan. The maximum total loans for repairs, renovations, and improvement projects (for Priority One, Two, Three, Four, and Five projects as described in Section 4(B)(5) of this rule) for a school building from the fund will be $8 million.

School administrative units may raise additional local funds to support the project. Local funds will not be subject to the forgiveness provisions and are not eligible for State participation.

The maximum loan amount from the fund to address each priority in a school building will be $2 million within any 5-year period.

I. All construction projects supported through the Revolving Renovation Loan Fund for construction of new facilities, additions to existing buildings, renovations or remodeling of existing buildings shall be designed and constructed with materials that provide long‑term durability and meet energy efficiency standards as defined in 5 M.R.S.A. §§ 1762‑1769. Prior approval of the Department is required before changes including changes which reduce the durability of materials may be made. Approval or disapproval by the Department shall be in response to recommendations from BGS.

J. Length of Loan. Loans from the fund are subject to the following time limits for repayment:

1. Loans of $500,000 or less = 5 years or less than 5 years if accelerated by mutual agreement of the parties; and

2. Loans of $500,001 or more = 10 years or less than 10 years if accelerated by mutual agreement of the parties.

K. Disbursement of loan proceeds. For projects approved by the Department and BGS for funding, the Bank shall make payment from that unit's Revolving Renovation Fund loan upon presentation of a requisition form with supporting invoices approved by the school administrative unit. With the final requisition form, certifications from the school administrative unit, designer and contractor confirming project completion are required.

5. MAINE SCHOOL FACILITIES FINANCE PROGRAM

A. The Bank shall be responsible for the following:

1. The loan application to eligible school administrative units;

2. The loan agreement with eligible school administrative units;

3. The management of all loans from the Revolving Renovation Fund;

4. That the applicant certifies to the Bank that it has secured all permits, licenses and approvals necessary to undertake the renovations and construct the improvements to be financed by the loan; and

5. That the applicant demonstrates to the satisfaction of the Bank that it has the ability to repay the loan made to the school administrative unit by the Bank.

6. MAINE SCHOOL FACILITIES FINANCE PROGRAM LEASE-PURCHASE PROVISIONS

A. The Bank shall be responsible for the following:

1. The lease-purchase assistance program is for the lease-purchase of buildings only;

2. Only school administrative units approved for subsidy by the Department must participate in the lease-purchase assistance program;

3. Under the lease-purchase assistance program, the Bank shall establish a competitive bidding process for the financing of a lease-purchase agreement which takes into account the cost and reasonable terms and conditions of lease-purchase;

4. After the Department notifies the Bank that a school administrative unit is approved and eligible to acquire a school facility via a lease-purchase agreement, the Bank shall solicit quotations from two or more private institutions; and

5. After quotations for financing a lease-purchase agreement have been received by the Bank, the two lowest cost quotations shall be provided to the school administrative unit which shall retain the right to select the financing institution of its choice subject to the requirement of State law and local ordinance.

History

• STATUTORY AUTHORITY: Title 20-A, Sections 1, 4001, 5804, 5805, 15603, 15907, 15918, and Title 30-A Sections 5953-E, 6006-E, 6006-F, 6014; Resolve 2007 ch. 174 effective March 31, 2008; Public Law 506 (126th Legislature 2nd Regular Session) effective August 1, 2014.
• EFFECTIVE DATE (PROVISIONAL ADOPTION): December 28, 1998 - EMERGENCY - major substantive rule, legislative review pending. Signed by the Commissioner of Education.
• FINAL ADOPTION: filed May 30, 2000 - as 2000-235, signed by the Commissioner of Education. Legislative Resolve 1999 c.14 was effective April 16, 1999. Private and Special Laws 1999 c.79 asserted the effective date of this rule filing is retroactive to April 16, 1999. Signed by the Commissioner of Education.
• AMENDED: March 18, 2003 - filed as routine technical on March 13, 2003, filings 2003-68 and 2003-69, signed by the Commissioner of Education and the Director of the Maine Municipal Bond Bank respectively.
• NON-SUBSTANTIVE CORRECTIONS: April 28, 2003 - capitalization and punctuation only, signed and filed by Department of Education affecting its version only.
• AMENDED: May 9, 2008 - major substantive final adoptions, filings 2008-165 and 2008-166, signed by the Commissioner of Education and the Director of the Maine Municipal Bond Bank respectively.
• AMENDED: May 9, 2012 - major substantive final adoptions, filings 2012-102 and 2012-103, signed by the Commissioner of Education and the Director of the Maine Municipal Bond Bank respectively.
• AMENDED: November 24, 2014 - routine technical adoptions, filings 2014-270 and 2014-271, signed by the Commissioner of Education and the Director of the Maine Municipal Bond Bank respectively.
• NOTES ADDED: September 15, 2017 - note added to Section 3(A) by the authority of Assistant Attorney General Sarah Forster.
• NOTES ADDED: July 22, 2019 - notes added to Sections 4(B) by the authority of Assistant Attorney General Sarah Forster.
• AMENDED: June 13, 2024 – filing 2024-123

Chapter 81 School Transportation Safety

Code Me. R. 05-071 Ch. 81 School Transportation Safety {#sec-05-071-ch.-81 omnilex-key=us-me-regs-official--dept-education-and-state-board-education--05-071 Ch. 81}

Summary: These regulations establish uniform safety requirements that include: student riding safety practices training, transportation employee in-service safety training, entry-level school bus driver training, prohibitions, school bus daily inspections, contracts, year-end transportation reports, and records retention.

Section 1. Purpose

The purpose of this rule is to provide minimum transportation safety regulations.

Section 2. Definitions

School bus is defined by 29-A M.R.S. §2301(5).

School bus operator, also known as school bus driver, is defined by 29-A M.R.S. §2303.

Section 3. Minimum Training Requirements for Student Riding Safety Practices

Student riding safety practices instruction shall be provided at least once during each school semester, totaling two times per year. Each student transported to or from home and school and related events in a school bus must be instructed in riding safety practices, proper loading and unloading techniques, and proper street crossing to and from school bus stops.

SAUs shall keep records of student riding safety instruction training.

Student riding safety instruction records certify that students meet training requirements to safely ride a school bus.

At least once during each school semester, totaling two times per year, each student transported to or from home and school and related events in a school bus shall participate in supervised school bus emergency evacuation drills.

SAUs shall keep records of emergency evacuation drills.

School bus emergency evacuation drill records certify that students meet requirements to safely evacuate a school bus.

Section 4. Minimum Training Requirements for Transportation Employee In-Service Safety Practices

School bus drivers shall successfully complete a minimum of sixteen hours of in-service training annually. The annual in-service training shall include both behind the wheel and classroom training.

School bus drivers and transportation employees shall annually provide transportation safety training documentation to their employer. The school bus driver training records certify that the school bus driver meets minimum training requirements to operate a school bus.

Section 5. Minimum Training Requirements for Entry-Level School Bus Drivers

New candidates for school bus driver shall complete a minimum of forty hours of initial school bus driver training. The training shall include both classroom and behind the wheel training.

An entry-level school bus driver training certificate that includes training date, training class name, training hours, attendee name, attendee signature, instructor name, instructor signature, and copy of curriculum certifies to the Secretary of State that a school bus driver meets new school bus driver training requirements. The Department, in consultation with transportation partners, shall develop an entry-level school bus driver training certificate template that shall be used by training providers.

Section 6. Prohibitions for School Transportation

Alcohol use and possession are prohibited in school buses.

Marijuana use and possession are prohibited in school buses.

Tobacco use and possession are prohibited in school buses.

Weapons use and possession are prohibited in school buses.

There is an exception for on duty law enforcement and military officials.

Section 7. Daily Inspections for School Bus Safety

Pre- and post-trip inspections

School bus drivers shall perform daily pre-trip and post-trip vehicle inspections.

Drivers shall promptly report defects or deficiencies that have potential to affect the safety of vehicle operation or result in mechanical breakdown. The pre-trip and post-trip vehicle inspection reports shall be completed and submitted daily, in writing or by electronic submission, to the district transportation department.

Pre-trip and post-trip inspection records certify that SAUs are daily checking and reporting potential school bus defects and deficiencies.

Bus Clear Inspections

School bus drivers shall perform bus clear inspections at the end of each bus run to confirm that all students have exited the school bus.

Drivers shall immediately report names of children who do not exit a bus to the SAU.

Bus clear inspection records certify that bus drivers have checked each bus seat area to confirm that all students are off the bus.

Section 8. Contracts for School Transportation Services

Local SAUs contracting for school transportation services or leasing of school buses shall present the contract proposal to the Department for review, upon request, along with a statement of compliance with the provisions of 20-A M.R.S. §5402.

Section 9. Year-end Transportation Report Requirements

SAUs shall annually submit a Transportation Safety and Training Report to the Department between July 1 and October 15. The report shall be submitted annually in the Department data system.

SAUs shall annually submit a Transportation Vehicle Inventory Report to the Department between July 1 and October 15. The report shall be submitted annually in the Department data system.

SAUs shall annually submit a Transportation Data Out-Of-District Special Education Students, Homeless Students and Career and Technical Education Students Report to the Department between July 1 and October 15. The report must be submitted in the Department data system.

If a SAU fails to file transportation reports with the Department in the format and within the time periods specified, State subsidy may be withheld until the reports are received.

Section 10. Records Retention Requirements

SAUs shall retain safety records and present these documents to the Department for review, upon request, along with a statement of compliance for each.

History

• STATUTORY AUTHORITY: 29-A M.R.S. §2311 and 20-A M.R.S. §5401(17)
• STATUTORY AUTHORITY: Effective Date:
• STATUTORY AUTHORITY: July l, 1974 (filed October 24, 1978 under the title “Uniform School Bus Standards for Pupil Transportation in Maine”) – filing 78-277
• AMENDED: July 1, 1979 (filed November 5, 1979) – filing 79-517
• AMENDED: March 8, 1982 – filing 82-41
• AMENDED: October 15, 1984 Section 1 – filing 84-348
• AMENDED: December 29, 1988 Section 2- filing 88-460
• AMENDED: November 21, 1989 – filing 89-499
• EFFECTIVE DATE (ELECTRONIC CONVERSION): May 19, 1996
• REPEALED AND REPLACED: September 16, 2017 (filed September 11, 2017 under the title “School Transportation Safety”) – filing 2017-139

Chapter 85 School Bus Purchase Program

Code Me. R. 05-071 Ch. 85 School Bus Purchase Program {#sec-05-071-ch.-85 omnilex-key=us-me-regs-official--dept-education-and-state-board-education--05-071 Ch. 85}

Summary: These regulations establish procedures for school administrative units (SAUs) to request purchase of new school buses and receive subsidy through the Maine School Bus Purchase Program.

This program provides subsidy to SAUs in order to offset partial cost of new school buses that are used to transport students to and from home and school and school events. This program is a resource to help SAUs purchase new school buses, retire end of life school buses, and respond to emergency and special bus needs.

Section 1. Purpose

The purpose of this rule is to achieve the most equitable distribution of limited dollars to maintain a modern safe fleet of school buses and respond to emergency and special bus needs.

Section 2. Definitions

School bus is defined by 29-A M.R.S. §2301(5).

Section 3. Minimum Program Qualifications for SAUS to Apply for the School Bus Purchase Program

School buses owned by SAUs shall be qualified for and complete the School Bus Refurbishment Program before being qualified for the School Bus Purchase Program. If a school bus fails the minimum field joint visual inspection qualification for the School Bus Refurbishment Program, the bus may qualify for the School Bus Purchase Program.

The minimum qualifications to apply for a school bus replacement are:

Passenger vans shall have a minimum of seven (7) years useful life and accumulated 100,000 miles. End of life passenger vans shall be replaced by Type A or Type C school bus.

Type A school buses shall have a minimum of ten (10) years useful life and accumulated 125,000 miles. Type A school buses shall be replaced by Type A, Type C, or Type D school bus.

Type C (conventional) school buses shall have a minimum of ten (10) years useful life and accumulated 125,000 miles. Type C school buses shall be replaced by Type A, Type C, or Type D school bus.

Type D (transit style) school buses shall have a minimum of fourteen (14) years useful life and accumulated 245,000 miles. Type D school buses shall be replaced by Type A, Type C, or Type D school bus.

SAUs that purchase Type D buses through the School Bus Purchase Program must:

Provide a school bus preventative maintenance program,

Employ or contract with school bus mechanics,

Be capable of stocking school bus parts, and

Use the fleet maintenance module of the state issued School Transportation Operations Program software.

The existing end of life bus shall be decommissioned and removed from fleet service within one year of the SAU taking possession of the new approved school bus. If a SAU does not retire the existing end of life bus during the one year time period, subsidy for the approved bus purchase will be cancelled.

The minimum qualification to apply for an addition to fleet school bus is when a SAU has one of the following needs:

Buses equipped with a wheelchair lift,

Buses to accommodate increased enrollment,

Buses to transport persons with disabilities,

Buses to replace contracted services (emergency), or

Buses to replace contracted services (planned).

SAUs shall have a planned school bus maintenance schedule that is updated annually in order to qualify for the School Bus Purchase Program.

High cost school bus maintenance need is not a criterion for buses being retired in the School Bus Purchase Program. SAUs are responsible for school bus maintenance.

Section 4. Types of Program Applications

School bus replacement

A school bus replacement standard application may be submitted when an existing bus is at or near the end of useful life. Refer to the minimum addition to fleet program qualifications.

A school bus replacement emergency application may be submitted when a school bus is damaged beyond economic repair due to accident, fire, vandalism or other sudden total loss.

School bus replacement standard applications require the SAU to decommission and remove end of useful life school buses from fleet service within one year of the SAU taking possession of new approved school buses.

School bus addition to fleet

An addition to fleet application may be submitted in response to an emergency or special bus need situation. Refer to the minimum program qualifications.

When a SAU receives an addition to fleet bus approval, a new bus may be added to the district fleet without requiring the SAU to remove an existing bus from their fleet.

Section 5. Minimum Procedures for SAUs to Participate in the School Bus Purchase Program

SAUs Application

SAUs that choose to apply to the School Bus Purchase Program shall submit applications to the Department between November 1st and November 25^th. The application dates will not be extended. SAU applications for new school bus purchases occur annually.

SAUs shall submit bus request applications online using the Department’s data system transportation module.

SAUs may submit school bus replacement applications, addition to fleet applications, or both types of applications during each annual program cycle.

SAUs may submit school bus addition to fleet applications in response to an emergency or special bus need situation.

State Approval Requirement for the School Bus Purchase Program

SAUs shall obtain approval from the Department in order to purchase school buses through the School Bus Purchase Program.

State Bus Approval Announcements

Department approval for school bus purchases shall be announced annually by the Department.

School Bus Approval Decision Priority

First priority is school bus replacement emergency situations.

A school bus replacement emergency situation occurs when a bus is damaged beyond economic repair due to accidents, fire, vandalism, or other sudden total loss.

Second priority is school bus addition to fleet need.

A school bus addition to fleet situation occurs when a SAU has a need for one of the following:

buses equipped with a wheelchair lift,

buses to accommodate increased enrollment,

buses to transport persons with disabilities,

buses to replace contracted services (emergency), or

buses to replace contracted services (planned).

Third priority is school bus replacement standard need.

A school bus replacement standard situation occurs when a bus is near the end of useful life. Age of the bus being replaced shall be the first consideration, tempered by both high and low mileage.

SAU Bus Purchase Authorization, Cancellation, and Possession

Superintendent Authorization to Purchase

Superintendents shall confirm the SAU’s intent to purchase a bus that was approved by submitting a Superintendent Intent to Purchase Bus Report in the Department data system.

If the Superintendent fails to submit a Superintendent Intent to Purchase Bus Report by the date identified by the Department, the bus approval will be withdrawn by the State on a date determined by the Department.

SAU Bus Approval Cancellations

SAUs shall cancel their school bus approval if they do not plan to make an approved school bus purchase during the assigned purchase fiscal year of the school bus approval. Cancellations are submitted in the Department data system.

Cancellations shall occur during the fiscal year the SAU is approved to purchase a bus.

If a SAU does not purchase an approved bus or does not submit the cancellation report the SAU school bus purchase approval may be withdrawn by the State on a date determined by the Department.

SAU School Bus Possession

SAUs shall take possession of a new approved school bus during the purchase fiscal year of the state bus approval.

When a SAU takes possession of a new school bus, the SAU shall report the purchase of a new bus during the business quarter that the SAU receives the new bus. Reports are submitted in the Department data system.

When a SAU takes possession of a new bus that was approved under this program, the SAU shall decommission or sell the school bus that was approved to retire within one year of receiving the new bus.

New School Bus Payments

The Commissioner encourages SAUs to purchase school buses from current funds and make one year cash payments.

The maximum term of a school bus purchase loan or lease shall be five years.

SAUs shall make at least one bus payment and take possession of the new bus during the fiscal year of the State bus approval.

State Subsidy for Approved Bus Purchases

The Commissioner shall determine the maximum allowable subsidy for state approved school bus purchases. The lowest acceptable state school bus bid that meets school bus bid specifications for product and warranty service shall be used to determine the maximum state school bus subsidy.

The SAU shall provide the department with documents that confirm delivery of and payment for each state approved school bus purchase.

SAUs shall submit all annual year-end transportation reports and applicable School Bus Purchase Program reports to the Department by the annual due dates in order to receive state school bus subsidy. If SAU transportation reports are late, school bus subsidy may be withheld until all transportation reports are submitted.

Section 6. Records Retention

SAUs shall maintain current and complete copies of all school bus purchase documents for each vehicle and present these documents to the Department for review, upon request, along with a statement of compliance.

History

• STATUTORY AUTHORITY: 29-A M.R.S. §2311 and 20-A M.R.S. §5401(17)
• EFFECTIVE DATE: September 16, 2017 – filing 2017-143

Chapter 86 Maine Uniform School Bus Specifications

Code Me. R. 05-071 Ch. 86 Maine Uniform School Bus Specifications {#sec-05-071-ch.-86 omnilex-key=us-me-regs-official--dept-education-and-state-board-education--05-071 Ch. 86}

Summary: This regulation establishes minimum uniform school bus specifications for the State of Maine.

Section 1. Purpose

The purpose of this rule is to establish minimum uniform state school bus specifications to aid school administrative units (SAUs) in obtaining safe, cost effective transportation.

Section 2. Definitions

School bus is defined by 29-A M.R.S. §2301(5).

School bus operator, also known as school bus driver, is defined by 29-A M.R.S. §2301.

Section 3. Minimum Specifications for School Buses

The Department adopts the National School Transportation Specifications and Procedures 2015 as enacted by the 16th National Congress on School Transportation and with some exceptions specific to Maine. The following exceptions apply:

Bus body and chassis specifications, color, section C of the National School Transportation Specifications and Procedures 2015 .

(1) Roof color exception: a white roof on a school bus is not a state school bus specification.

Bus body and chassis specifications, heating and air conditioning systems, section B of the National School Transportation Specifications and Procedures 2015 .

Air conditioning exception: air conditioning on a school bus is not a state school bus specification.

Operational procedures, local school districts, in-use capacity of a school bus, section C.1, paragraph 4 of the National School Transportation Specifications and Procedures 2015.

Overloading exception: overloading a school bus is prohibited.

Operational procedures, selection and training of bus drivers, section C.6 of the National School Transportation Specifications and Procedures 2015.

Crossing exception: procedures for escorted crossing are not a state school bus specification.

Activity Bus Operations, Transportation Other Than To and From School or Head Start, section A.1.c.VI of the National School Transportation Specifications and Procedures 2015 .

Activity bus operation exception: replace with 49 Code of Federal Regulations (CFR) 395.5.

Appendix B, School Bus Body and Chassis Specifications of the National School Transportation Specifications and Procedures 2015 .

School bus body and chassis exception: a white roof on a school bus is not a state school bus specification.

Appendix D, Recommended Procedures for Escorted Crossing, all sections of the National School Transportation Specifications and Procedures 2015 .

Escorted crossing exception: procedures for escorted crossing are not a state school bus specification.

The following regulations are in addition to the National School Transportation Specifications and Procedures 2015 :

Onboard video systems (also known as surveillance cameras) with a minimum of four cameras and continuous recording shall be installed on the inside of all new school buses.

School bus seat restraint (also known as seat belts) installation shall be a local decision except when federal mandated seat restraint installation is required on specific school bus types. If a SAU chooses to install seat restraints, the Department recommends three-point lap-shoulder belts.

Section 4. School Bus Purchase Requirements

The vehicle manufacturer is responsible for certifying school bus compliance with applicable federal standards and installing a certification plate or label in the driver’s area on each vehicle.

School buses purchased shall, at a minimum , conform to the Maine Uniform School Bus Specifications .

SAUs may purchase a school bus without using the State School Bus Purchase Program.

Competitive bidding shall be accomplished for all school bus purchases according to 20-A M.R.S. §5402.

School bus bid specifications may not be written to exclude any manufacturer of school bus body or chassis.

The lowest acceptable state school bus bid that meets school bus bid specifications for product and warranty service shall be used to determine maximum state school bus subsidy for the School Bus Purchase Program. The Commissioner shall determine the maximum state subsidy for school bus purchases.

SAUs may purchase vehicles that exceed minimum federal regulations and State specification requirements. If so, SAUs shall present justification to the Department for review, upon request, along with a statement of compliance with the provisions of 20-A M.R.S. §5402.

History

• STATUTORY AUTHORITY: 29-A M.R.S. §2311 and 20-A M.R.S. §5401(17)
• EFFECTIVE DATE: September 16, 2017 – filing 2017-144

Chapter 101 Maine Unified Special Education Regulation Birth to Age Twenty-Two

Code Me. R. 05-071 Ch. 101 Maine Unified Special Education Regulation {#sec-05-071-ch.-101 omnilex-key=us-me-regs-official--dept-education-and-state-board-education--05-071 Ch. 101}

SUMMARY: This rule governs the administration of the child find system for children age birth to twenty-two, the provision of early intervention services to eligible children birth to under age 3 (B‑2) with disabilities and their families, and the provision of special education and related services to eligible children age three to twenty-two with disabilities and their families, implementing 20-A MRSA Chapters 301, and 303 and amendments thereto.

Italicized text signifies State requirements.

Non-italicized Times Roman text signifies federal statutory or regulatory requirements.

Page

1. POLICY AND PURPOSE 1

2. Introduction and Commitment. 1

3. Non-Discrimination 2

4. Approval of Early Intervention and Special Education Programs 2

II. DEFINITIONS 3

1. Abbreviated Day 3

2. Accommodations 3

3. Adverse effect/Adversely affects 3

4. Assessment 3

5. Composite Score 3

6. Consent 4

7. Day; Business Day; School Day 4

8. Diagnostic Impression 4

9. Early Intervention Services 4

10. Educational Performance 5

11. Evaluation 5

12. Formative Assessment 5

13. Free Appropriate Public Education 5

14. Functional Behavioral Assessment 6

15. Functional Performance 6

16. General Education Intervention 6

17. Homeless child 6

18. Independent Educational Evaluation 7

19. Individualized Educational Program (IEP) Service Coordinator 7

20. Informed Clinical Opinion 7

21. Intermediate Educational Unit (IEU) 7

22. Modifications 7

23. Multidisciplinary ……………………………………………………………...7

24. Native language 8

25. Parent 8

26. Parentally Placed Private School Child 8

27. Positive Reinforcement Strategies and Interventions 9

28. Post-Secondary Goal 9

29. Probes 9

30. Public Agency 9

31. Qualified personnel 9

32. Regional Special Education Program 9

33. Scientifically-Based Interventions. 9

34. School Year; Program Year 10

35. Screening 10

36. Service Coordinator 10

37. Special Education 11

38. Special Instruction 11

39. Special Purpose Service 11

40. State Agency Client 11

41. State Ward 12

42. B-2 (Birth to Under Age Three) 12

43. 3-5 (Three to Under Age Six) 12

III. GENERAL EDUCATION INTERVENTIONS 13

1. General 13

2. Procedure 13

3. Procedural Guidelines 14

RESPONSIBILITY FOR CHILDFIND, EARLY INTERVENTION AND SPECIAL EDUCATION SERVICES 15

1. Child Find for Children Birth-2 15

2. Child Find for Children Three to Twenty-Two 21

3. Responsibility for Early Intervention Services 25

4. Responsibility for Special Education Services for Children Age 3-22 25

V. EVALUATIONS AND REEVALUATIONS FOR CHILDREN 3-22 40

1. Evaluations, Parent Consent, and Reevaluations 40

2. Evaluation Procedures 45

3. Additional Requirements for Evaluations and Reevaluations 48

4. Standardized Reports of Evaluations 50

5. Vocational Evaluations 52

6. Independent Educational Evaluations 52

VI. INDIVIDUALIZED PLAN TEAM MEMBERSHIP 55

1. Individualized Family Service Plan (IFSP) Team for Children

With Disabilities B-2 55

Individualized Family Service Plan (IFSP) Team or Individualized

Education Program (IEP) Team for Children Three to Twenty-Two 56

VII. ELIGIBILITY CRITERIA DEFINED AND PROCEDURES FOR

DETERMINATION 72

1. Eligibility Criteria for Children B-2 72

2. Eligibility Criteria for Children Three to Twenty-Two 75

3. Procedure for Determination of Adverse Effect on

Educational Performance 90

VIII. ELIGIBILITY FOR FAPE FOR FIVE-YEAR-OLDS BY IEP TEAM DETERMINATION 91

IX. INDIVIDUALIZED PLANS 92

1. Individualized Family Service Plans (IFSPs) for Children B-2 92

2. IFSPs for Children 3-5 94

3. Individualized Education Programs (IEPs) for Children Three to Twenty-Two 95

X. EARLY INTERVENTION / SPECIAL EDUCATION SERVICES

AND SETTINGS 107

1. Early Intervention Services, including Special Instruction in Natural Environments Birth-2 107

2. Special Education in the Least Restrictive Environment for

Children Three to Twenty-Two 111

XI. EARLY INTERVENTION SERVICES FOR YOUNG CHILDREN B-2

AND RELATED SERVICES FOR CHILDREN THREE TO TWENTY-TWO 126

XII. PROGRAM APPROVAL 141

1. Programs for Children with Disabilities B- 5 141

2. Programs for Children with Disabilities 5-22 143

XIII. GENERAL SUPERVISION SYSTEM 149

1. Department Approval 149

2. General Supervision System Priorities 149

3. General Supervision System Activities 150

4. Approval/Enforcement Activities 150

5. Communities without Schools 151

6. Public Access 151

XIV. EDUCATION RECORDS 152

1. General Principles: Confidentiality Requirements 152

2. Definitions 152

3. Access Rights 152

4. Record of Access 153

5. Records on More Than One Student 153

6. List of Types and Locations of Information 153

7. Fees 153

8. Amendment of Records at Parental Request 153

9. Opportunity for a Hearing 154

10. Result of Hearing 154

11. Consent 154

12. Safeguards 155

13. Destruction of Information 155

14. Electronic Distribution of Records………………………………………….156

XV. PROCEDURAL SAFEGUARDS 157

XVI. DISPUTE RESOLUTION PROCEDURES: (MEDIATIONS, COMPLAINTS,

AND HEARINGS) 158

1. Right to Dispute Resolution, Generally 158

2. Stand-alone Mediation 159

3. Mediation, Associated With a Request for a Due Process Hearing 160

4. Complaints 162

5. Filing a Due Process Hearing Request 165

6. Due Process Hearing Request 166

7. Subpoenas 168

8. Prehearing Motions 169

9. Hearing Procedures 169

10. Model Forms 171

11. Resolution Process 172

12. Settlement Offer 174

13. Impartial Due Process Hearing 175

14. Hearing Rights 176

15. Hearing Decisions 177

16. Finality of Decisions; Appeals; Impartial Review 178

17. Timeliness and Convenience of Hearings 179

18. Attorney Fees 179

19. Civil Action 182

20. Child’s Status during Proceedings 183

21. Appeal 184

22. Final Decision Notice 185

23. Hearing Record 186

XVII. DISCIPLINE OF CHILDREN WITH DISABILITIES 187

1. Authority of School Personnel 187

2. Determination of Setting 191

3. Appeal 191

4. Placement during Appeals 192

5. Protections for Children Not Determined Eligible for Special Education 193

6. Referral To and Action by Law Enforcement and Judicial Authorities 194

7. Change of Placement Because of Disciplinary Removals 195

8. State Enforcement Mechanisms 195

XVIII. SPECIAL EDUCATION FINANCE 197

1. Special Education Finance: State Subsidy and Direct Payments 197

2. Special Education Finance: Public School Tuition Computations 209

3. Special Education Finance: Private School Tuition Computations,

Approval Procedures 210

XIX. WAIVERS 214

1. Commissioner Waiver of Certain Regulations 214

2. Agreement between Parent and School 214

APPENDIX 1 217

I. POLICY AND PURPOSE

The purpose of this rule is to establish and maintain a statewide network that ensures the provisions of child find as set forth in federal law, for Maine families and children age birth to twenty-two. Additionally, this rule sets forth provisions governing the delivery of early intervention services to eligible children age birth to under age three (hereinafter, B-2) and their families, and of a free, appropriate public education to eligible children age three to twenty-two with disabilities.

The Department of Education is designated as the State Educational Agency responsible for carrying out the State's obligations under the federal Individuals with Disabilities Education Act (IDEA), 20 United States Code, Section 1400 et seq., as amended. The Department and every school administrative unit, intermediate educational unit, public school, or other public agency that receives federal or State funds to provide early intervention or free appropriate public education services to children age birth to twenty-two with disabilities must comply with the Individuals with Disabilities Education Act, as amended, and all federal regulations adopted thereunder. [ 20-A MRSA §7006]

Throughout this regulation the Department has reflected the federal statute and regulatory requirements in non-italicized text. The federal IDEA statute has been in effect since December, 2004 and the federal regulations implementing it have been in effect since October 13, 2006.

State requirements are in italicized text and reflect additional procedures or timeframes to enhance the federal provisions.

If a term is completely defined in the text of the rule, it is not duplicated in Section II. of this rule.

Every school administrative unit, intermediate educational unit, public school, or other public agency that receives federal or State funds to provide early intervention or free appropriate public education services to children age birth to twenty-two with disabilities must utilize the Department’s required forms. An administrative letter will be sent on a yearly basis which will include links to the required forms.

For purposes of this rule, all references to school administrative units (SAUs) include the State intermediate educational unit (IEU), where appropriate. In the same manner, references to SAU personnel include CDS personnel. Also, all references to the local educational agency (LEA) in any federal language included in this rule have been replaced by references to the school administrative unit (SAU) for ease of understanding and consistency with the term used in State law.

1. Introduction and Commitment

This rule is intended to implement the State's obligations under the federal Individuals with Disabilities Education Act (IDEA) 20 USC. §§1400 et seq. as amended, and its implementing federal regulations, 34 CFR Parts 300 and 303, and Maine law, 20-A MRSA Chapters 301, and 303, and amendments thereto.

Maine’s Part C system implements a comprehensive, coordinated, multidisciplinary, interagency system providing early intervention services for infants and toddlers and their families.

Non-Discrimination

Children in Maine, birth to twenty-two who have disabilities, may not be excluded from the benefits of services to which they are entitled under IDEA. The Department of Education shall ensure the provision of appropriate services regardless of the nature and severity of the child's disability or developmental delay. A full range of services that are needed to meet the Part C early intervention and Part B free appropriate public education needs of eligible children and their families will be coordinated and delivered in a manner consistent with the practices set forth in this rule and applicable State and federal law and regulation. The State must ensure that each SAU takes steps to ensure that its children with disabilities have available to them the variety of educational programs and services available to non-disabled children in the area served by the agency, including art, music, industrial arts, consumer and homemaking education, and vocational education. [34 CFR 300.110]

In accordance with Title VI of the Civil Rights Act of 1964 (42 USC §§2000d et seq.), Section 504 of the Rehabilitation Act of 1973, as amended (29 USC §794), the Age Discrimination Act of 1975, as amended (42 USC §§6101 et seq.), Title IX of the Educational Amendments of 1972 (20 USC§1681 et seq. and the Americans with Disabilities Act of 1990 (42 USC. §§12101 et seq.), the Department of Education, regional intermediate educational units, and school administrative units will not discriminate on the basis of sex, race, color, national origin, sexual orientation, disability or age in determining eligibility for services or in their hiring practices.

3 . Approval of Early Intervention and Special Education Programs

Early intervention, special education services and related services may be provided to children with disabilities only by qualified individuals in schools and programs which have been approved by the Commissioner. The Commissioner of the Maine Department of Education reviews and approves all early intervention and special education services or proposed services provided by intermediate education units, public or private schools.

The approval of the early intervention or special education programs provided by a school administrative unit or approved private school shall include the Department's review and approval of the special education reports required under 20-A MRSA §7204(4) and submitted in the form and manner required by the Commissioner and the program review and technical assistance process specified in Section XII of this rule.

II. DEFINITIONS

1. Abbreviated school day – Abbreviated school day means any day that a child eligible under this chapter attends school or receives educational services for less time than age/grade peers without disabilities within the same school and/or school program.

2. Accommodations. Accommodations mean changes in the manner in which instruction and assessment is delivered that does not alter the curriculum level expectation being measured or taught.

3 . Adverse effect/Adversely affects. The word “adverse” commonly means “harmful, impeding, obstructing, or detrimental.” To “adversely affect” means to have a negative impact that is more than a minor or transient hindrance, evidenced by findings and observations based on data sources and objective assessments with replicable results. An adverse effect on educational performance does not include a developmentally appropriate characteristic of age/grade peers in the general population.

4. Assessment. For children B-2, assessment means the ongoing procedures used by appropriate qualified personnel throughout the period of a child’s eligibility under Part C of IDEA to identify:

A. The child’s unique strengths and needs and the services appropriate to meet those needs; and

B. The resources, priorities, and concerns of the family and the supports and services necessary to enhance the family’s capacity to meet the developmental needs of their infant or toddler with a disability. [303.322(b)(2)]

For children 3 to twenty-two, assessment under Part B means the ongoing procedures used by appropriately qualified personnel to measure the educational and functional achievement of students as related to their IFSP or IEP goals and on State and district-wide tests, which are aligned with Maine’s Learning Results.

5. Composite Score : Composite score means a standardized score which summarizes performance on 2 or more tests of cognitive ability. All scores used to compute a composite score must have been validated in scientific research to be measures of the general cognitive skills which the composite score purports to measure.

6. Consent.Consent means that:

A. The parent has been fully informed of all information relevant to the activity for which consent is sought, in the parent’s native language or other mode of communication; and

B. The parent understands and agrees in writing to the carrying out of the activity for which his or her consent is sought, and the consent describes that activity and lists the records (if any) that will be released and to whom; and the parent understands that the granting of consent is voluntary on the parent’s part and may be revoked at any time. If a parent revokes consent, that revocation is not retroactive, (i.e., it does not negate an action that has occurred after the consent was given and before the consent was revoked). If the parent revokes consent in writing for their child’s receipt of special education and related services, the SAU is not required to amend the child’s education records to remove any references to the receipt of special education and related services because of the revocation. [34 CFR 300.9]

7. Day; Business Day; School Day. Day means calendar day unless otherwise indicated as business day or school day. Business day means Monday through Friday, except for Federal and State holidays (unless holidays are specifically included in the designation of business day). School day means any day, including a partial day that children are in attendance at school for instructional purposes. School day has the same meaning for all children in school, including children with and without disabilities. [34 CFR 300.11]

8. Diagnostic Impression. Diagnostic impression means an interpretive statement based upon previous and current evaluative data. A diagnostic impression may or may not make reference to DSM or ICD criteria.

9. Early Intervention Services. "Early intervention services" means developmental services that are provided under public supervision; are provided at no cost except where Federal or State law provides for a system of payments by families, including a schedule of sliding fees; are designed to meet the developmental needs of an infant or toddler with a disability, as identified by the individualized family service plan team in one or more of the following areas, physical development, cognitive development, communication development, social or emotional development or adaptive development; meet the standards of the state in which the services are provided, including the requirements of Part C; including family training, counseling, and home visits; special instruction; speech-language pathology and audiology services, and sign language and cued speech services; occupational therapy; physical therapy; psychological services; service coordination services; medical services only for diagnostic or evaluation purposes; early identification, screening, and assessment services; health services necessary to enable the infant or toddler to benefit from other early intervention services; social work services; vision services; assistive technology devices and assistive technology services; and transportation and related costs that are necessary to enable an infant or toddler and the infant’s or toddler’s family to receive another service described in this paragraph; are provided by qualified personnel, including special educators, speech-language pathologists and audiologists, occupational therapists, physical therapists, psychologists, social workers, nurses, registered dieticians, family therapists, vision specialists, including ophthalmologists and optometrists, orientation and mobility specialists, and pediatricians and other physicians. S to the maximum extent appropriate, are provided in natural environments, including the home, and community settings in which children without disabilities participate; and are provided in conformity with an individualized family service plan. [20 USC 1432(4)]

10. Educational Performance. Educational performance means performance in those academic and functional areas (as defined in Section II(15) Functional Performance) including, but not limited to, those areas that are being assessed through the local SAU’s own curriculum. Educational performance for a child age 3-5 means performance in age appropriate developmental activities across five domains of development (communication, physical, cognitive, self-help/adaptive, and social/emotional) in an educational setting. Section V(3) Additional Requirements for Evaluations and Reevaluations of this regulation articulates the requirement to review existing data.

11. Evaluation. Evaluation means the procedures used by appropriate qualified

personnel to determine a child's initial and continuing eligibility under this part, consistent with the definition of ``infants and toddlers with disabilities'' in Sec. 303.16, including determining the status of the child in each of the developmental areas. [34 CFR 303.322(b)(1)] Evaluation means procedures used in accordance with these rules to determine whether a child has a disability and the nature and extent of the special education and supportive services that the child needs. [34 CFR 300.15] The screening of a student by a teacher or specialist to determine appropriate instructional strategies for curriculum implementation shall not be considered to be an evaluation for eligibility for special education and related services. [34 CFR 300.302]

12. Formative Assessment. For purposes of general education interventions, the term formative assessment means using standardized administration procedures with direct, on-going, individualized, assessments that have been shown to have predictive validity and which generate reliable rate based data about a student’s actual performance on academic and/or behavioral tasks.

13. Free Appropriate Public Education. Free appropriate public education means special education and related services that are provided at public expense, under public supervision and direction, and without charge; meet the standards of the Department and the requirements of this rule ; include an appropriate preschool, elementary school or secondary school education in the state; and are provided in conformity with the individualized family service plan or individualized education program that meets the requirements of 300.320 through 300.324 [20 USC 1401(9) and 34 CFR 300.17]

14. Functional Behavioral Assessment. Functional behavioral assessment means a school-based process used by the Individualized Education Program (IEP) Team, which includes the parent and, as appropriate, the child, to determine why a child engages in challenging behaviors and how the behavior relates to the child’s environment. The term includes direct assessments, indirect assessments and data analysis designed to assist the IEP Team to identify and define the problem behavior in concrete terms, identify the contextual factors (including affective and cognitive factors) that contribute to the behavior, and formulate a hypothesis regarding the general conditions under which a behavior usually occurs and the probable consequences that maintain the behavior. Formal documentation of the assessment by appropriately qualified individuals becomes part of the child’s educational record and is provided to the IEP Team.

15. Functional Performance. Functional performance means how the child demonstrates his/her skills and behaviors in cognition, communication, motor, adaptive, social/emotional and sensory areas.

16. General Education Interventions. General education interventions are general education procedures involving regular benchmark assessment of all children, using Curriculum Based Measurements (CBM), to monitor child progress and identify those children who are at risk of failing. Children who are at risk receive responsive interventions in the general education program that attempt to resolve the presenting problems of concern. General educators are encouraged to confer with specialists and teaching professionals, but general education personnel are responsible for the implementation of the intervention.

17. Homeless child. Homeless child means a person who:

a) lacks a fixed, regular and adequate nighttime residence;

b) is a child or a youth:

1. who is sharing the housing of other persons due to loss of housing or economic hardship or a similar reason; is living in a motel, hotel, trailer park or camping ground due to lack of alternative adequate accommodation; is living in an emergency or transitional shelter; is abandoned in a hospital; or is awaiting foster care placement;

2. who is living in a car, park, or public space or in an abandoned building, substandard housing, bus or train station or similar setting;

3. who has a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings; and

4. who is a migratory child, as defined in section 1309 of the federal Elementary and Secondary Education Act of 1965, who qualifies as homeless for the purpose of this chapter because the child is living in circumstances described in this section.

The term homeless child does not include a person housed in a correctional facility, jail, or detention facility.

18. Independent Educational Evaluation. Independent educational evaluation means an evaluation conducted by a qualified examiner who is not employed by the SAU responsible for the education of the child in question. An independent educational evaluation at public expense means that the school either pays for the full cost of the evaluation or insures that the evaluation is otherwise provided at no cost to the parent. See Section V.6.of this rule.

19. Individualized Educational Program (IEP) Case Manager. The IEP service coordinator may oversee a child’s (age 3 to 22) needs to assure that due process requirements under the federal Individuals with Disabilities Education Act are met. The service coordinator communicates with SAU staff, parents, the child, and teachers to provide coordination and follow up for the IEP process.

20. Informed Clinical Opinion. Informed clinical opinion must be used by qualified early intervention personnel when conducting an evaluation and assessment of the child. Informed clinical opinion may be used as an independent basis to establish a child’s eligibility under Part C even when other instruments do not establish eligibility, however in no event may informed clinical opinion be used to negate the results of evaluation instruments used to establish eligibility. Informed clinical opinion is the professional judgment of qualified early intervention personnel.

21.Intermediate Educational Unit (IEU). Intermediate educational unit means an entity that meets the definition of intermediate educational unit in the federal Individuals with Disabilities Education Act (I.D.E.A.), 20 U.S.C., §1402, (23) as in effect prior to June 4, 1997, and that is a public authority, other than a local educational agency, under the general supervision of a State educational agency, that is established for the purpose of providing free public education on a regional basis and that provides special education and related services to children with disabilities within the State . [34 CFR 300.12(c)] Intermediate educational units and school administrative units are both considered local educational agencies (LEAs) under IDEA. The Child Development Services (CDS) State Intermediate Educational Unit (IEU) is organized as an IEU. For purposes of this chapter all references to SAUs in this rule include the State IEU, where appropriate.

22. Modifications. Modifications mean changes in the regular education curriculum and or assessment that lower the standards of the curriculum.

23. Multidisciplinary. means the involvement of two or more separate disciplines or professions and with respect to–-(a) Evaluation of the child in §§303.113 and 303.321(a)(1)(i) and assessments of the child and family in §303.321(a)(1)(ii), may include one individual who is qualified in more than one discipline or profession; and (b) The IFSP Team in §303.340 must include the involvement of the parent and two or more individuals from separate disciplines or professions and one of these individuals must be the service coordinator (consistent with §303.343(a)(1)(iv)).

24. Native language , when used with respect to an individual who is limited English proficient or LEP (as that term is defined in section 602(18) of the Act), means--

(1) The language normally used by that individual, or, in the case of a child, the language normally used by the parents of the child, except as provided in paragraph (2) of this section; and

(2) For evaluations and assessments conducted pursuant to §303.321(a)(5) and (a)(6), the language normally used by the child, if determined developmentally appropriate for the child by qualified personnel conducting the evaluation or assessment.

Native language, when used with respect to an individual who is deaf or hard of hearing, blind or visually impaired, or for an individual with no written language, means the mode of communication that is normally used by the individual (such as sign language, braille, or oral communication).

25. Parent. Parent means:

A. A biological or adoptive parent of a child;

B. A foster parent;

C. A guardian generally authorized to act as the child's parent, or authorized to make educational decisions for the child (but not the State if the child is a ward of the State);

D. An individual acting in the place of a biological or adoptive parent (including a grandparent, stepparent, or other relative) with whom the child lives, or an individual who is legally responsible for the child's welfare; or

E. A surrogate parent who has been appointed in accordance with Sec. 300.519 or section 639(a)(5) of the Act. Except as provided in the paragraph below , the biological or adoptive parent, when attempting to act as the parent under this part and when more than one party is qualified under paragraphs A-E of this section to act as a parent, must be presumed to be the parent for purposes of this section unless the biological or adoptive parent does not have legal authority to make educational decisions for the child.

If a judicial decree or order identifies a specific person or persons under paragraphs A through D of this section to act as the parent of a child or to make educational decisions on behalf of a child, then such person or persons shall be determined to be the parent for purposes of this section. [34 CFR 300.30]

26. Parentally Placed Private School Child. Parentally placed private school child means a child who has been placed in a private school approved for purposes of compulsory attendance pursuant to 20-A MRSA§5001-A(3)(A)(1)(a), or recognized by the Department as providing equivalent instruction pursuant to 20‑A MRSA§5001-A(3)(A)(1)(b) by his/her parent and whose education is paid for with private funds. A child who attends a private school pursuant to a contract with a school administrative unit or at public expense in situations where a school administrative unit does not operate public schools, or contract for school privileges, is not a parentally placed private school student for purposes of this rule, even in cases where the parent is allowed to select the school the child attends. In addition, children who are unilaterally placed in private schools by their parents when FAPE is at issue are not parentally placed private school students for purposes of this rule, so long as the parent has provided notice pursuant to IV.G(3)(d) of this rule. In cases when parents unilaterally placed their child in a private school when FAPE is at issue, the district of residence remains responsible for offering an IEP for the child and the district where the private school is located is obligated to offer an individual service plan.

27. Positive Reinforcement Interventions and Supports. Positive reinforcement interventions and supports means the use of positive techniques designed to assist a child to acquire educationally and socially appropriate behaviors and to reduce patterns of dangerous, destructive, disruptive or defiant behaviors. Positive reinforcement strategies and interventions may be determined by the IEP Team and may be based upon the results of functional behavior assessments as defined in definition 12 above.

28. Post-Secondary Goals. Post-secondary goals mean statements of intention related to post-school training, education, employment, and, where appropriate, independent living skills based on the child’s strengths, preferences, and interests and shaped by age appropriate transition assessments.

29. Probes. Probes mean brief assessments of student skills.

30. Public Agency. Public agency includes the SEA, LEAs, ESAs, nonprofit public charter schools that are not otherwise included as LEAs or ESAs and are not a school of an LEA or ESA, and any other political subdivision of the State that are responsible for providing education to children with disabilities.

31. Qualified personnel . Qualified personnel means personnel who meet the specific state approved or recognized qualifications such as certificate, registration, license, or endorsement for the diagnostic impression, assessment, or type of service which the personnel is to provide.

32 . Regional Special Education Program. Regional special education program means a program established through a cooperative agreement between two or more SAUs to provide regional special education services to children with disabilities.

33. Scientifically-based Interventions. Scientifically-based interventions means interventions that include teaching practices that have been tested in experimentally sound research studies and have been shown to significantly improve the academic or behavioral achievement of the children who present characteristics similar to the child involved in the general education intervention process. Scientifically based research has the same meaning given the term in Section 9101(37) of the Elementary and Secondary Education Act (ESEA). [34 CFR 300.35] “The term scientifically based research' —

(A) means research that involves the application of rigorous, systematic, and objective procedures to obtain reliable and valid knowledge relevant to education activities and programs; and

(B) includes research that —

(i) employs systematic, empirical methods that draw on observation or experiment;

(ii) involves rigorous data analyses that are adequate to test the stated hypotheses and justify the general conclusions drawn;

(iii) relies on measurements or observational methods that provide reliable and valid data across evaluators and observers, across multiple measurements and observations, and across studies by the same or different investigators;

(iv) is evaluated using experimental or quasi-experimental designs in which individuals, entities, programs, or activities are assigned to different conditions and with appropriate controls to evaluate the effects of the condition of interest, with a preference for random-assignment experiments, or other designs to the extent that those designs contain within-condition or across-condition controls;

(v) ensures that experimental studies are presented in sufficient detail and clarity to allow for replication or, at a minimum, offer the opportunity to build systematically on their findings; and (vi) has been accepted by a peer-reviewed journal or approved by a panel of independent experts through a comparably rigorous, objective, and scientific review.”

34. School Year/Program Year. School year/program year means the total number of school days in a year as established by the school administrative unit or program year established by an IEU.

35. Screening. Screening means a brief procedure, done periodically, designed to identify children who should receive more intensive diagnosis or evaluation. It is a systematic process conducted by individuals appropriately trained in the screening procedure.

36. Service Coordinator. Service coordinator means the person that assists and enables a child eligible under Part C and the child’s family to receive the rights, procedural safeguards, and services that are authorized to be provided under the State’s early intervention program. Each child eligible under this part and the child's family must be provided with one service coordinator who is responsible for coordinating all services across agency lines; and serving as the single point of contact in helping parents to obtain the services and assistance they need. Service coordination is an active, ongoing process that involves: assisting parents of eligible children in gaining access to the early intervention services and other services identified in the individualized family service plan; coordinating the provision of early intervention services and other services (such as medical services for other than diagnostic and evaluation purposes) that the child needs or is being provided; facilitating the timely delivery of available services; and continuously seeking the appropriate services and situations necessary to benefit the development of each child being served for the duration of the child's eligibility. [34 CFR 303.23(a)(1) - (3)]

37. Special Education. Special education means specially designed instruction, at no cost to parents, to meet the unique needs of a child with a disability, including instruction conducted in the classroom, in the home, in hospitals and institutions, and in other settings; and instruction in physical education. Special education includes each of the following if the services otherwise meet the requirements of the first paragraph: speech-language pathology services, travel training, and vocational education. [34 CFR 300.39(a)] Special education does not include general education procedures that are a part of formal general education intervention as elsewhere referenced in these rules.

38. Special Instruction. Special instruction for children B-2 means instruction that includes:

A. The design of learning environments and activities that promote the child’s acquisition of skills in a variety of developmental areas, including cognitive processes and social interaction;

B. Curriculum planning, including the planned interaction of personnel, materials, and time and space, that leads to achieving the outcomes in the child’s individualized family service plan;

C. Providing families with information, skills, and support related to enhancing the skill development of the child; and

D. Working with the child to enhance the child’s development. [34 CFR 303.12(a)(13)]

39. Special Purpose Service. Special purpose service means a public or private program which is established specifically to serve children with disabilities and/or developmental delays.

40. State Agency Client. State agency client means a child of eligible school age who is:

A. In the care or custody, or both, of the Department of Health and Human Services;

B. Placed by a caseworker from the Department of Health and Human Services or an authorized agent of Children's Behavioral Health Services, Department of Health and Human Services, for reasons other than educational reasons, with a person who is not the child's parent, legal guardian or relative;

C. Attending a public or private school while still a resident of a state-operated institution; or

D. In the custody or under the supervision of the Department of Corrections, including, but not limited to, a juvenile on conditional release, an informally adjusted juvenile, a probationer or a juvenile on community reintegration status from the Long Creek Youth Development Center or the Mountain View Youth Development Center and who is placed, for reasons other than educational reasons, pursuant to a court order or with the agreement of an authorized agent of the Department of Corrections, outside the juvenile's home. [20-A MRSA §1(34-A)]

A state agency client is a child who has been identified as a child with a disability in accordance with this rule. State agency client also means a child who is under 6 years of age who meets one of the criteria in A-D above.

41. State Ward. State ward means a person under the age of 18, or an older person of eligible school age, for whom the State of Maine is legal guardian by court order. The term does not include residents of Maine's correctional facilities.

42. B-2 (Birth to under age three). Birth through two is the age of a child from birth to under age 3.

43. 3-5 (Three to under age six). Three through five is the age of a child from the child's third birthday to under age 6, until the first day of the receiving public school's program year.

III. GENERAL EDUCATION INTERVENTION

1. General

By the school year that begins in the fall of 2012 all school administrative units shall develop and implement general education interventions kindergarten to grade 12 that provide each child who is not progressing toward meeting the content standards of the parameters for essential instruction and graduation requirements with different learning experiences or assistance to achieve the standard. The interventions must be specific, timely and based upon ongoing formative assessments that continuously monitor student progress.

The Department recognizes that statewide implementation of general education interventions is supported by a phase in period during which time professional development and technical assistance would be provided by the Department. Therefore, the Department has determined that the general education interventions will be fully implemented by July 1, 2012. In addition, regional CDS staff will work with SAUs located in their jurisdiction to develop general education interventions in the early childhood programs in the public schools.

2. Procedure

While variations in how school administrative units develop and implement general education interventions are expected, all general education interventions must include:

a. Documentation that every child, prior to entering the general education intervention process, was provided with appropriate instruction in reading, including the essential components of reading instruction (as defined in section 1208(3) of the Elementary and Secondary Education Act of 1965 (ESEA) (20 U.S.C.A. §6368(3)), appropriate mastery based instruction in math, appropriate instruction in the writing process, and positive behavioral supports;

b. A team-based decision-making process;

c. Screening at reasonable intervals to determine whether all children are progressing toward meeting the content standards of the parameters for essential instruction and graduation requirements;

d. Data Analysis of screening results focusing on determining to what extent all children are progressing toward meeting the content standards of the parameters for essential instruction and graduation requirements and identifying which children are not making adequate progress towards these goals and are in need of targeted general education interventions;

e. A determination as to whether a child’s assessed difficulties are likely the result of linguistic or cultural differences;

f. Provision of research-based general education interventions targeted at the child’s presenting academic and/or behavioral concerns as determined by screening results;

g. Repeated formative assessments of student response to targeted interventions, conducted at reasonable intervals, that generate rate based measurable data for both specifying academic and behavioral concerns and monitoring child progress during general education interventions;

h. Documentation that parents were notified about the process, given the opportunity to participate in instructional decision-making, and kept informed of their child’s progress during targeted general education interventions;

i. A team shall review the child’s progress no later than 60 school days after the start of formal general education interventions and approximately every 30 school days thereafter. At each meeting the team shall review data on the child’s progress to determine if modifications to the general education interventions are needed and/or if a referral to special education is indicated: and

j. Provisions for targeted general education interventions to continue during any subsequent special education referral.

3. Procedural Guidelines

a. The parent of a child receiving general education interventions may request that the agency conduct a full and individual evaluation for possible special education eligibility determination at any time during a school administrative unit’s established general education intervention process.

b. Special education due process procedures may not be used to address parental concerns regarding the successful implementation of these general education interventions, and the failure to use general education interventions may not be used in special education due process proceedings to establish that a school has failed to meet its child find or referral obligations.

NOTE: School administrative units must ensure that coordinated early intervening services (CEIS) funds are used to provide services only to students who need additional academic and behavioral support, and not to students who currently receive special education and related services.

IV. RESPONSIBILITY FOR CHILD FIND, EARLY INTERVENTION AND SPECIAL EDUCATION SERVICES

1. Comprehensive Child Find for Children Birth -2

A. Pre-Referral Activities for Children Birth-2. Child find is the identification, location and evaluation of children B-2. The State Intermediate Educational Unit (IEU) through a network of regional sites is responsible for overseeing the completion of all child find activities. The regional sites are responsible for ensuring that child find is available to all infants and toddlers in the State, including Indian infants and toddlers with disabilities and their families residing on reservations geographically located in the State , including coordination , as necessary, with tribes, tribal organizations, and consortia to identify infants and toddlers with disabilities in the State, infants and toddlers with disabilities who are homeless children and their families, and infants and toddlers with disabilities who are wards of the State.

B. Referral for B-2. The regional Child Development Services sites are responsible for providing notice of child find activities and for providing annual written notification to all primary referral sources of their obligation to refer all identified children, B-2, for evaluation and assessment to the regional site as soon as possible, but in no case more than seven days after a child has been identified.[34 CFR 303.303(a)(2)(c)] Primary referral sources include:

(1) Hospitals, including prenatal and postnatal facilities;

(2) Physicians;

(3) Parents;

(4) Day care programs;

(5) Local educational agencies;

(6) Public health facilities;

(7) Other social service agencies; and

(8) Other health care providers. [34 CFR 303.303©]

(9) Public agencies and staff in the child welfare system including child protective and foster care;

(10) Homeless family shelters; and

(11) Domestic violence shelters and agencies.

The regional Child Development Services sites are responsible for implementing the state policies and procedures for referral of a child under the age of 3 who is involved in a substantiated case of child abuse and neglect, or who is identified as affected by illegal substance abuse or withdrawal symptoms resulting from prenatal drug exposure to the regional site.

Consent. Consent means that a) the parent has been fully informed of all information relevant to the activity for which consent is sought, in the parent’s native language; b) the parent understands and agrees in writing to the carrying out of the activity for which the parent’s consent is sought, and the consent form describes that activity and lists the early intervention records (if any) that will be released and to whom they will be released; and (c )(1) the parent understands that the granting of consent is voluntary on the part of the parent and may be revoked at any time. (2) If the parent revokes consent, that revocation is not retroactive, (i.e., it does not apply to an action that occurred before the consent was revoked).

C. Service Coordinator during Post-Referral. The service coordinator assists the family in securing the necessary screenings, evaluations and assessments needed to determine the child's eligibility under the federal Individuals with Disabilities Education Act (IDEA). The service coordinator oversees the development of the initial IFSP. The regional site director is responsible for assigning a service coordinator to a child upon referral to the regional site. The regional sites are responsible for ensuring that all activities conducted by the assigned service coordinator are performed in accordance with the federal IDEA and related Department of Education rules.

D. Post-referral Procedures.

(1) Within 45 days after the regional site or early intervention service (EIS) provider receives a referral of a child, the screening (if applicable), initial evaluation, initial assessments (of the child and family), and the initial IFSP meeting for that child must be completed.[34 CFR §303.310(a)]

(2) Subject to paragraph (3) of this section, the 45-day timeline described in paragraph (1) of this section does not apply for any period when—

(a) The child or parent is unavailable to complete the screening (if applicable), the initial evaluation, the initial assessments of the child and family, or the initial IFSP meeting due

to exceptional family circumstances that are documented in the child’s early intervention records; or

(b) The parent has not provided consent for the screening (if applicable), the initial evaluation, or the initial assessment of the child, despite documented, repeated attempts by the

regional site or EIS provider to obtain parental consent. [34CFR 303.310 (b)

(3) The regional site must develop procedures to ensure that in the event the circumstances in (2)(a) or (2)(b) of this section exist, the regional site must -

(a) Document in the child’s early intervention records the exceptional family circumstances or repeated attempts by the regional site to obtain parental consent;

(b) Complete the screening (if applicable), the initial evaluation, the initial assessments (of the child and family), and the initial IFSP meeting as soon as possible after the documented exceptional family circumstances described in (2)(a) of this section no longer exists or parental consent is obtained for the screening (if applicable), the initial evaluation , and the initial assessment of the child; and

(c) develop and implement an interim IFSP, to the extent appropriate and consistent with 34 CFR §303.345. [34 CFR §303.310(c)]

(4) The regional site must provide notice to parents of its intent to screen and clarifies that, at any time during the screening process, a parent may request an evaluation. [34 CFR §303.320]

E. Identification by Evaluation and Assessment . If any components of an evaluation or assessment have been performed within the prior six months, the results and findings are to be utilized with no unnecessary repetition. The service coordinator is responsible for collecting and integrating that information. Initial evaluation refers to the evaluation of a child that is used to determine his or her initial eligibility under Part C of the Act. The term initial assessments refers to the assessment of the child and the family assessment that are conducted prior to the child’s first IFSP meeting. [34 CFR 303.321(a)(2)(i, iii)] Within 45 days after it receives a referral the regional site shall complete the evaluation and assessment activities in 34 CFR 303.321 and hold an IFSP meeting. [34 CFR 303.310]

(1) Evaluation and assessment of each child age B-2 referred must include:

(a) Health: A review of pertinent records related to the child's current health status and medical history. [34 CFR 303.321(b)(4)] A child’s medical and other records may be used to establish eligibility (without conducting an evaluation of the child) under this part if those records indicate that the child’s level of functioning in one or more of the developmental areas identified in VII1(A)(1) of this rule constitutes a developmental delay or that the child otherwise meets the criteria for an infant or toddler with a disability under VII.1(A). If the child’s Part C eligibility is established under this paragraph, the regional site must conduct assessments of the child and family in accordance with IV.1.D of this rule. 34 CFR 303.321(a)(3)(i)

(b) Multidisciplinary assessment of the unique strengths and needs of the infant or toddler and the identification of servicesappropriate tomeet such needs . [20 USC 1436 (a)(1)] The evaluation and assessment team must administer one of the Department-approved instruments for determining eligibility. [ See Section II.24 definition of Multidisciplinary]

Evaluation and assessment of the child. The evaluation and assessment of each child must--

(i) Be conducted by personnel trained to utilize appropriate methods and procedures;

(ii) Be based on informed clinical opinion. Qualified personnel must use informed clinical opinion when conducting an evaluation and assessment of the child. In addition, the regional sites must ensure that informed clinical opinion may be used as an independent basis to establish a child’s eligibility under this part even when other instruments do not establish eligibility; however in no event may informed clinical opinion be used to negate the results of evaluation instruments used to establish eligibility under this section of the rule; and

(iii) Be conducted in the child’s native language, that in the case of a child who is limited English proficient, means the language normally used by the parents of the child except that when conducting evaluations and assessments of the child, qualified personnel determine whether it is developmentally appropriate to use the language normally used by the child.

(iv) Include the following:

(I) A review of medical, educational, or other records.

(II) An evaluation of the child's level of functioning in each of the following developmental areas:

(aa) Cognitive development.

(bb) Physical development, including vision and hearing.

(cc) Communication development.

(dd) Social or emotional development.

(ee) Adaptive development.

(III) An assessment of the unique needs of the child in terms of each of the developmental areas in paragraph (II) of this section, including the identification of services appropriate to meet those needs. [34CFR 303.321(c)]

(IV) Be conducted by qualified personnel, in a nondiscriminatory manner, and selected and administered so as not to be racially or culturally discriminatory.

(V) Personal observations of the child.

(c) Family assessment

(i) A Family directed assessments must be conducted by qualified personnel in order to identify the family’s resources, priorities, and concerns and the supports and services necessary to enhance the family's capacity to meet the developmental needs of the family’s infant or toddler with a disability.

(ii) Any assessment that is conducted must be voluntary on the part of each family member participating in the assessment.

(iii) If an assessment of the family is carried out, the assessment must--

(I) Be conducted by personnel trained to utilize appropriate methods and procedures;

(II) Be based on information obtained through an assessment tool and also through an interview with those family members who elect to participate in the assessment;

(III) Incorporate the family's description of its resources, priorities, and concerns related to enhancing the child's development. [34 CFR 303.321(c)]; and

(IV) Unless clearly not feasible to do so, family assessments must be conducted in the native language of the family members being assessed, in accordance with the definition of native language in 34 CFR 303.25. [See Section II.25 definition of Native language]

(2) Timelines.

(i) Except as provided in paragraph (ii) of this section, the evaluation and initial assessment of each child (including the family assessment) must be completed within the 45-day time period required in Sec. 303.310.

(ii) In the event of exceptional circumstances that make it impossible to complete the evaluation and assessment within 45 days, the regional site will document those circumstances; and develop and implement an interim IFSP, to the extent appropriate and consistent with 34 CFR 303.345. [34 CFR 303.310]

F. Records of Referral and Post-referral Procedures B-2. For any child who is referred, documentation in that child's cumulative record file shall specify:

(1) The date, the regional site, and the person who coordinated the referral and post-referral procedures;

(2) A description or example of the post-referral activities, procedures, forms, or instruments used; and

(3) The results of the referral and post-referral procedures, including any recommendations and/or referrals to the IFSP Team.

When the results of an individual’s post-referral procedures do not indicate a possible need for early intervention, a notation shall be entered in the child’s cumulative record file documenting the post-referral procedures, the date, and the regional site where the post-referral procedures were conducted.

G. Determination That a Child is Not Eligible. If, based on the evaluation conducted under IV.1.C of this rule the regional site determines that a child is not eligible under this part, the regional site must provide the parent with prior written notice, and include in the notice information about the parent’s right to dispute the eligibility determination through dispute resolution mechanisms under XVI. of this rule, such as requesting a due process hearing or mediation or filing a State complaint.[34 CFR 303.322]

2. Child Find For Children Three To Twenty-Two

A. Child Find Policy, Procedure, and Responsibility

Each SAU shall maintain and implement policies and procedures to ensure that all children residing in the jurisdiction between the ages of 3 and under 22 years of age , including children with disabilities who are homeless children, are wards of the State or state agency clients , children with disabilities attending private schools and receiving home instruction, highly mobile children (including migrant or homeless), children who have the equivalent of 10 full days of unexcused absences or 7 consecutive school days of unexcused absences during a school year, and children incarcerated in county jails, and who are in need of special education and related services, even though they are advancing from grade to grade, are identified, located and evaluated at public expense. [34 CFR 300.111(a)(i,ii) and (c)(1,2)] As noted on pages 7 and 12 of this rule, all references to school administrative units (SAUs) include the State intermediate educational units (IEUs), where appropriate.

Each SAU shall provide child find during the first 30 days of the school year or during the first 30 days of enrollment for transfer children. If evidence of child find activities and a statement of the results can be found in a child’s cumulative record, or the unit has reason to believe the child has previously been identified as a child with a disability by another SAU, in state or out of state, child find is not necessary.

An SAU that tuitions or contracts for educational services for some or all of its children is responsible for child find either through appropriate arrangements with the receiving unit or school or through direct child find services by unit personnel or contracted personnel.

This child find responsibility shall be accomplished through a unit-wide process which, while not a definitive or final judgment of a child's capabilities or disability, is a possible indicator of special education needs.

Final identification of children with disabilities and programming for such children occurs only after an appropriate evaluation and a determination by the IEP Team.

(1) Child Find Responsibility for Incarcerated Children

(a) Responsibility for children with disabilities incarcerated in county jails shall rest with the school administrative unit in which the child resided prior to the incarceration.

(b) Responsibility for children incarcerated (committed) in State facilities shall rest with the Department of Corrections. Their responsibility includes the education of residents with disabilities in facilities operated under their jurisdiction as well as child find activities.

(c) For children who are non-adjudicated at state facilities under the Department of Corrections the responsibility shall rest with the school administrative unit in which the child resided prior to be detained.

B. IEP Case Manager

The IEP case manager may oversee a child’s needs to assure that requirements under the federal Individuals with Disabilities Education Act, Part B, are met. The service coordinator communicates with SAU staff, parents, the child, and teachers to provide coordination and follow up for the IEP process. An SAU may use funds received under 20 USC 1411(a)(4)(B) to purchase appropriate technology for recordkeeping, data collection and related case management activities of teachers and related services personnel providing services described in the IEP that are needed for the implementation of such case management activities. [20 USC 1413(a)(4)(C)]

Elements of Child Find Activities

The child find process in each regional site or SAU shall include obtaining data on each child, through multiple measures, direct assessment, and parent information, regarding the child's academic and functional performance, gross and fine motor skills, receptive and expressive language skills, vision, hearing and cognitive skills.

NOTE: An SAU may schedule child find activities during its annual kindergarten enrollment to assist in planning for necessary special education and related services at the start of the school year. If the screening occurs in the spring prior to school entry, the SAU will refer the child to the regional CDS site within 10 school days.

D. Referral after Child Find, Notice of Referral

If the child find process indicates that a child may require special education and related services in order to benefit from regular education, the child shall be referred to the Individualized Education Program (IEP) Team to determine the child's eligibility for special educational services.

If any referral is made to the IEP Team, including a referral requesting evaluation of existing data on the child, the parents of the child shall be sent prior written notice of the referral as defined in Appendix 1 of this rule.

E. Local Policy on Referral to IEP Team

Each IEU or SAU shall develop a written policy, consistent with this rule (specifically section V), regarding referral to the IEP Team. All referrals to the IEP Team must be acted upon in a timely manner. The IEP Team shall review existing evaluation data and determine the need for additional evaluations. The IEP Team may conduct its review without a meeting (V.3.B). If additional evaluations are needed, the IEU must send a consent to evaluate form within 15 days, and the SAU must send a consent to evaluate form within 15 school days, of the receipt of referral.

(1) Date of referral receipt – The SAU’s policy on referral must define what date constitutes the receipt of a referral. The referral must be submitted in writing to the Special Education Director, authorized designee, or superintendent. An oral referral shall be reduced to writing by designated school personnel.

(2) Referrals by staff – The SAU’s policy on the referral of a child to the IEP Team shall include a means whereby any professional employee of the SAU may make such a referral regardless of the results of the initial child find activities, but after completion of the general education intervention process, when fully implemented, unless the SAU and the parent agree that one is not needed. The SAU’s policy or procedures for staff referrals shall require that the specific concerns of the staff member, the alternatives attempted prior to referral, and parent notification of concerns by the referring party are documented.

(3) Referral by parent – A parent may refer at any time. The parent of a child receiving general education interventions may request that the agency conduct a full and individual evaluation for possible eligibility determination at any time during the implementation of these general education interventions

(4) Referrals by others – The SAU’s policy shall include a process whereby the IEP Team accepts referrals from individuals or agency representatives (including representatives from the Department of Health and Human Services) with knowledge of a child. Such referrals shall be made by contacting a designated school official or employee, in accordance with the SAU’s policy.

F. Records of Child Find Activities Three To Twenty-Two

For any child who is referred to the IEP Team as the result of child find activities, documentation in that child's cumulative record file shall specify:

(1) The date, SAU, and the person who coordinated the child find activities;

(2) A description or example of the child find activities, procedures, forms, or instruments used; and

(3) The results of the child find activities including any recommendations and/or referrals to the IEP Team.

When the results of a child's child find activities do not indicate a possible need for special education services, a notation shall be entered in the child’s cumulative record file to the effect that the child was reviewed for special education child find activities purposes, the date, and the SAU where the child find activities were conducted.

G. Qualifications of Evaluators

Any person who provides an assessment or evaluation recommended by the IEP Team shall meet the professional qualifications of the publisher of the evaluation or assessment. Each evaluation or assessment shall be administered by trained personnel in conformance with the instructions provided by the publisher.

Qualified evaluators include certified school psychologist, special education teachers, special education consultants, speech clinicians, vocational evaluators and licensed audiologists, marriage and family therapists, occupational therapists, physical therapists, psychologists, social workers, clinical professional counselors and speech-language pathologists. Aides, assistants or technicians are not considered qualified evaluators and may not administer, score, or interpret evaluations unless they hold appropriate certification or licensure.

The administration, scoring and interpretation of tests of academic, cognitive, behavioral and personality functioning, shall be conducted by qualified evaluators. Qualified evaluators shall have successfully completed appropriate training in each assessment area in which they conduct evaluations.

Administering and scoring of psychological/neuropsychological tests may be conducted by registered Neurocognitive Testing Assistants (NTAs) working under the supervision of a licensed psychologist, pursuant to rules of the Board of Examiners of Psychologists.

3. Responsibility for Early Intervention Services

The regional sites shall ensure appropriate data collection, training, staff development and direct service provision to eligible children with disabilities B-2 and to coordinate with eligible families the development of individualized family service plans. [20-A MRSA §7209(8)(C,F)]

4. Responsibility for Special Education Services for Children Age 3-22

A. General Principles: Responsibility for Special Education Services and Finances.

Each school administrative unit is responsible for providing special education services to all resident children (as defined in this rule except for (G) below) within its geographical jurisdiction, who are identified as children with disabilities according to the procedures established in this rule). The SAU of residence is responsible for provision of special education and related services in situations where it does not operate public schools. When an SAU has the responsibility for providing special education services to children with disabilities, it may also bear financial responsibility for the cost of such services, receiving subsidy according to 20-A MRSA C. 606-B, Essential Programs and Services. In some situations, a part or all of the cost may be borne directly by one or more state agencies, although the provision of special education services remains the responsibility of the SAU.

B. Resident Students

An SAU shall provide special education services to all children with disabilities whose parent resides within the SAU and to all adult children who reside within the SAU. This shall include all eligible children who attend the public schools of the unit, or who attend other public schools or private schools on a tuition or contract basis at public expense.

C. Homeless Students

A child with a disability who is homeless is defined by 20-A M.R.S.A. §1(13-A).

“Homeless student” means a person eligible to attend elementary or secondary school pursuant to 20-A MRSA §5201 who:

(1) Lacks a fixed, regular and adequate nighttime residence;

(2) Is a child or a youth:

(a) Who is sharing the housing of other persons due to loss of

housing or economic hardship or a similar reason; is living in a motel, hotel, trailer park or camping ground due to the lack of alternative adequate accommodation; is living in an emergency or transitional shelter; is abandoned in a hospital; or is awaiting foster care placement;

(b) Who is living in a car, park or public space or in an abandoned building, substandard housing, bus or train station or similar setting;

(c) Who has a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings; and

(d) Who is a migratory child, as defined in Section 1309 of the federal Elementary and Secondary Education Act of 1965, who qualifies as homeless for the purpose of this chapter because the child is living in circumstances described in this section.

The term “homeless student” does not include a person housed in a correctional facility, jail or detention facility. [20-A MRSA §1(13-A)]

Children who are homeless are protected by the federal McKinney-Vento Act (42 U.S.C. §11434).

Parents or guardians of children in homeless situations can keep their children in their schools of origin (to the extent feasible) or enroll them in any public school that students living in the same attendance area are eligible to attend. “School of origin” is the school the student attended before becoming homeless or the school in which the child was last enrolled.

Children may stay in their school of origin (to the extent feasible) for the entire time they are homeless, even if they move to a different school district. If children move into permanent housing during the school year, they can still finish the year in the same school. Students have the right to stay at their school of origin (to the extent feasible) whether or not they live with their parents.

D. State Wards

A state ward (a child who is in the custody of DHHS) who is in a residential placement, which does not include a hospital, shall be considered a resident of the school administrative unit where the residential placement is located.

(1) The SAU shall provide special education services to any state ward who requires special education services and who resides within the unit's boundaries in a foster home, group home, emergency shelter, shelters for homeless youth, residential treatment facility (as defined by 20-A MRSA §1(24-A), skilled nursing facility or intermediate care facility.

(2) The costs for such special education services shall be paid directly by the Department of Education at 100 percent of the cost during the year in which the services were provided upon receipt of appropriate statements from the administrative unit and subject to 20-A MRSA Chapter 606-B. When a state ward is reunified with their family, that child shall be considered a state agency client for a period of 6 months after the child returns to his biological or kinship family. The Department of Education will cover 100% of special education costs during this period in order to support the reunification efforts.

(3) The regional administrator of the responsible state agency or the member of the agency's staff identified as responsible for case management of the state ward and the foster parent or administrator of the residence are entitled to participate in any IEP Team Meeting for the state ward. Surrogate parents have the special education rights and responsibilities under this rule.

If a state ward is placed in a hospital, the costs for such special education services shall be paid directly by the Department of Education at 100 percent of the cost during the year in which the services were provided. Responsibility for the child shall remain with the SAU that was serving the child at the time of placement. These responsibilities include:

Development of the child’s IEP;

Annual review of the IEP;

Credit assessment of the high school children;

Determination of future appropriate programs and placements, until the state ward is discharged from the residential treatment center (hospital).

(5) In the case of a highly mobile child who would not be adequately served pursuant to this section, the Commissioner may assign an SAU responsibility for the following functions:

Development of the child 's IEP;

Annual review of the IEP;

Credit assessment for high school children;

Determination of future appropriate programs and placements, the costs for such special education services shall be paid directly by the Department of Education at 100 percent of the cost during the year in which the services were delivered.

E. State Agency Clients

(1) A state agency client who is placed by a state agency in a residential placement shall be considered a resident of the school administrative unit where the residential placement is located.

(2) An SAU shall provide special education services to any state agency client who requires special education services and who resides within the unit's boundaries in a foster home, therapeutic group home, emergency shelter, residential treatment facility, (as defined by 20-A MRSA §1(24-A)), skilled nursing facility or intermediate care facility.

(3) The costs for such special education services shall be paid directly by the Department of Education at 100 percent of the cost during the year in which the services were provided upon receipt of appropriate statements from the SAU and subject to 20-A MRSA Chapter 606-B.

(4) The regional administrator of the responsible state agency or the member of the agency's staff identified as responsible for case management of the state agency client, the foster parent or administrator of the residence and the parents of the state agency client are entitled to participate in any IEP Team Meeting for the state agency client. However, for a child who is in the custody of the Department of Health and Human Services surrogate parents have the special education rights and responsibilities under this rule.

(5) The placement of a state agency client by an SAU for educational reasons in a residential treatment center shall be the responsibility of the school administrative unit in which the state agency client's parents reside. Such a child loses his/her state agency client status and the SAU of residence is responsible for payment. These responsibilities include:

The development of the child's IEP, the determination of the least restrictive educational alternative, the annual review of the IEP;

Credit assessment for high school children;

Program monitoring;

Determination of future appropriate programs and/or placements.

F. Other Students

Children other than state wards, state agency clients, or institutional residents who are living with persons other than their parents or legal guardians, are eligible to attend school where they reside if the superintendent determines it is in the best interest of the student (in accordance with 20-A MRSA §5205(2)) or the student is attending school in a district pursuant to a superintendent’s agreement (in accordance with 20-A MRSA §5205(6)).

G. Responsibility for Children with Disabilities Enrolled by Their Parents in Private Schools [20 USC 1412(a)(10)]

(1) Children enrolled in private schools by their parents.

(a) In general.--To the extent consistent with the number and location of children with disabilities in the State who are enrolled by their parents in private elementary schools and secondary schools in the school district served by an SAU, provision is made for the participation of those children in the program assisted or carried out under this part by providing for such children special education and related services in accordance with the following requirements, unless the Secretary has arranged for services to those children under a bypass for children in private schools pursuant to 20 USC 1412(f):

(i) Amounts to be expended for the provision of those services (including direct services to parentally placed private school children) by the SAU shall be equal to a proportionate amount of Federal funds made available under this part.

(ii) In calculating the proportionate amount of Federal funds, the SAU, after timely and meaningful consultation with representatives of private schools as described in clause (c), shall conduct a thorough and complete child find process to determine the number of parentally placed children with disabilities attending private schools located in the SAU.

(iii) Such services to parentally placed private school children with disabilities may be provided to the children on the premises of private, including religious, schools, to the extent consistent with law.

(iv) State and local funds may supplement and in no case shall supplant the proportionate amount of Federal funds required to be expended under this subparagraph.

(v) Each SAU shall maintain in its records and provide to the State educational agency the number of children evaluated under this subparagraph, the number of children determined to be children with disabilities under this paragraph, and the number of children served under this paragraph.

(b) Child find requirement.—[34 CFR 300.131]

(i) In general.—Each SAU must locate, identify and evaluate all children with disabilities who are enrolled by their parents in private, including religious, elementary schools and secondary schools located in the school district served by the SAU in accordance with ii-v of this section and 34 CFR 300.111 (child find) and 300.201 ( consistency with state policies) .

(ii) Equitable participation.--The child find process shall be designed to ensure the equitable participation of parentally placed private school children with disabilities and an accurate count of such children.

(iii) Activities.--In carrying out this clause, the SAU, or where applicable, the State educational agency, shall undertake activities similar to those activities undertaken for the agency's public school children.

(iv) Cost . --The cost of carrying out this clause, including individual evaluations, may not be considered in determining whether an SAU has met its obligations under clause (i).

(v) Completion period.--Such child find process shall be completed in a time period comparable to that for other students attending public schools in the SAU.

(vi) Each SAU in which private, including religious, elementary and secondary schools are located must, in carrying out the child find requirements in this section, include parentally-placed private school children who reside in a State other than the state in which the private schools that they attend are located.

(c) Consultation.-[34 CFR 300.134]-To ensure timely and meaningful consultation, a SAU, or where appropriate, a State educational agency, shall consult with private school representatives and representatives of parents of parentally placed private school children with disabilities during the design and development of special education and related services for the children, including regarding--

(i) The child find process and how parentally placed private school children suspected of having a disability can participate equitably, including how parents, teachers, and private school officials will be informed of the process;

(ii) The determination of the proportionate amount of Federal funds available to serve parentally placed private school children with disabilities under this subparagraph, including the determination of how the amount was calculated;

(iii) The consultation process among the local educational agency, private school officials, and representatives of parents of parentally placed private school children with disabilities, including how such process will operate throughout the school year to ensure that parentally placed private school children with disabilities identified through the child find process can meaningfully participate in special education and related services;

(iv) How, where, and by whom special education and related services will be provided for parentally placed private school children with disabilities, including a discussion of types of services, including direct services and alternate service delivery mechanisms, how such services will be apportioned if funds are insufficient to serve all children, and how and when these decisions will be made; and

(v) How, if the SAU disagrees with the views of the private school officials on the provision of services or the types of services, whether provided directly or through a contract, the SAU shall provide to the private school officials a written explanation of the reasons why the SAU chose not to provide services directly or through a contract.

(d) Written affirmation.-[34 CFR 300.135]-When timely and meaningful consultation as required by clause (c) has occurred, the SAU shall obtain a written affirmation signed by the representatives of participating private schools, and if such representatives do not provide such affirmation within a reasonable period of time, the SAU shall forward the documentation of the consultation process to the State educational agency.

(e) Compliance.--

(i) In general.--A private school official shall have the right to submit a complaint to the State educational agency that the SAU did not engage in consultation that was meaningful and timely, or did not give due consideration to the views of the private school official. [34 CFR 300.136(a)]

(ii) Procedure.--If the private school official wishes to submit a complaint, the official shall provide the basis of the noncompliance with this subparagraph by the SAU to the State educational agency, and the SAU shall forward the appropriate documentation to the State educational agency. If the private school official is dissatisfied with the decision of the State educational agency, such official may submit a complaint to the Secretary by providing the basis of the noncompliance with this subparagraph by the SAU to the Secretary and the State educational agency shall forward the appropriate documentation to the Secretary. [34 CFR 300.136(b)]

(iii) If a parent of a child who is placed in a private school by the parents at their own expense does not provide consent for the initial evaluation or the reevaluation, or the parent fails to respond to a request to provide consent, the SAU may not use consent override procedures in 34 CFR 300.300(a)(3) and (c)(1) [ Section XV. Parental Consent] ; and the SAU is not required to consider the child eligible for services under 34 CFR 300.132 through 300.144. [34 CFR 300.300(d)(4)(i,ii)]

(f) Provision of equitable services.--

(i) Directly or through contracts.--The provision of services pursuant to this subparagraph shall be provided:

(I) By employees of a public agency; or

(II) Through contract by the public agency with an individual, association, agency, organization, or other entity.

(ii) Secular, neutral, nonideological.--Special education and related services provided to parentally placed private school children with disabilities, including materials and equipment, shall be secular, neutral, and non-ideological. [34 CFR 300.138(c)]

(g) Public control of funds.--The control of funds used to provide special education and related services under this subparagraph, and title to materials, equipment, and property purchased with those funds, shall be in a public agency for the uses and purposes provided in this title, and a public agency shall administer the funds and property.

(h) Services plan.--A services plan must be developed and implemented for each private school child with a disability who has been designated by the SAU in which the private school is located to receive special education and related services under 34 CFR Part 300. [34 CFR 300.132(b)]The SAU must initiate and conduct meetings to develop, review, and revise a services plan for the child and ensure that a representative of the religious or other private school attends each meeting. If the representative cannot attend the SAU shall use other methods to ensure participation by the religious or other private school, including individual or conference calls.[34 CFR 300.137(c)] Each parentally placed private school child with a disability who has been designated to receive services must have a services plan that describes the specific special education and related services that the SAU will provide to the child in light of the services that the SAU has determined, through the consultation process, and it will make available to parentally placed private school children with disabilities. The services plan must, to the extent appropriate meet the requirements of 34 CFR 300.320 [S ection IX.3] , or for a child ages three through five, meet the requirements of 34 CFR 300.323(b) [Section IX.2] with respect to the services provided and be developed, reviewed and revised consistent with 34 CFR 300.321 through 300.324. [34 CFR 300.138(b)]

(i) Consent for exchange of information.If a child is enrolled, or is going to enroll in a private school that is not located in the SAU of the parent’s residence, parental consent must be obtained before any personally identifiable information about the child is released between officials in the SAU where the private school is located and officials in the SAU of the parent’s residence. [34 CFR 300.622(3)]

(2) Children placed in, or referred to, private schools by public agencies.--

(a) In general.—A child with a disability who is placed in or referred to a private school or facility by an SAU is provided special education and related services, in conformance with an individualized education program that meets the requirements of 34 CFR 300.320 through 300.325 [Section VI and IX] , and, at no cost to their parents; and is provided an education that meets the standards that apply to education provided by the SEA and SAUs including the requirements of this part, except for 34 CFR 300.18 [Section X Highly Qualified] and 300.156(c); and has all of the rights of a child with a disability who is served by a public agency. [34 CFR 300.146]

(b) Implementation by the SEA. In implementing the provisions of (a) above, the SEA must monitor compliance through procedures such as written reports, onsite visits, and parent questionnaires; disseminate copies of applicable standards to each private school and facility to which a public agency has referred or placed a child with a disability; and provide an opportunity for those private schools and facilities to participate in the development and revision of state standards that apply to them. [34 CFR 300.147]

(3) Payment for education of children enrolled in private schools without consent of or referral by the public agency.--

(a) In general.-This part does not require an SAU to pay for the cost of education, including special education and related services, of a child with a disability at a private school or facility if that agency made a free appropriate public education available to the child and the parents elected to place the child in such private school or facility. However, the public agency must include that child in the population whose needs are addressed consistent with 34 CFR 300.131-144. [Section IV.2.G] [34 CFR 300.148(a)]

(b) Disagreements about FAPE. Disagreements between the parents and a public agency regarding the availability of a program appropriate for the child, and the question of financial reimbursement, are subject to the due process procedures in 34 CFR 300.504-300.520. [Section XVI] [34 CFR 300.148(b)]

(c) Reimbursement for private school placement.--If the parents of a child with a disability, who previously received special education and related services under the authority of a public agency, enroll the child in a private preschool, elementary school or secondary school without the consent of or referral by the public agency, a court or a hearing officer may require the agency to reimburse the parents for the cost of that enrollment if the court or hearing officer finds that the agency had not made a free appropriate public education available to the child in a timely manner prior to that enrollment and that the private placement is appropriate. A parental placement may be found to be appropriate by a hearing officer or a court even if it does not meet the State standards that apply to education provided by the SEA and SAUs. [34 CFR 300.148(c)]

(d) Limitation on reimbursement.--The cost of reimbursement described in clause (c) may be reduced or denied:

(i) If—

(I) At the most recent IEP meeting that the parents attended prior to removal of the child from the public school, the parents did not inform the IEP Team that they were rejecting the placement proposed by the public agency to provide a free appropriate public education to their child, including stating their concerns and their intent to enroll their child in a private school at public expense; or

(II) At least ten (10) business days (including any holidays that occur on a business day) prior to the removal of the child from the public school, the parents did not give written notice to the public agency of the information described in item (I);

(ii) If, prior to the parents' removal of the child from the public school, the public agency informed the parents, through the notice requirements described in 20 USC 1415(b)(3)and 34 CFR 300.503(a)(i) [Section XV Prior Written Notice] , of its intent to evaluate the child (including a statement of the purpose of the evaluation that was appropriate and reasonable), but the parents did not make the child available for such evaluation; or

(iii) Upon a judicial finding of unreasonableness with respect to actions taken by the parents. [34 CFR 300.148(d)]

(e) Exception.--Notwithstanding the notice requirement in clause (d)(i), the cost of reimbursement:

(i) Must not be reduced or denied for failure to provide such notice if--

(I) The school prevented the parent from providing such notice;

(II) The parents had not received notice, pursuant to 20 USC 1415 and 300.504 [Section XV Communication of Procedural Safeguards] , of the notice requirement in paragraph (d)(i); or

(III) Compliance with clause (d)(i) would likely result in physical harm to the child; and

(ii) May, in the discretion of a court or a hearing officer, not be reduced or denied for failure to provide such notice if--

(I) The parent is illiterate or cannot write in English; or

(II) Compliance with clause (c)(i) would likely result in serious emotional harm to the child.

H. Home Instruction for Children age 5 and under 22 years of age [20-A MRSA §5001-A]

(1) Compulsory Attendance and Home Instruction

Home instruction is allowed as an alternative to attendance at public day school under 20-A MRSA §5001-A which requires attendance at public day schools for children ages 7 to 17. Starting at age 5, and continuing to age 22, if a child seeks to access special education and related services in a public school while participating in a home instruction program the requirements in 20-A MRSA §5021 shall apply.

(2) Child Find Responsibilities for Children enrolled in Home Instruction

Each SAU must identify, locate, and evaluate, at public expense, all resident children who are enrolled in home instruction programs

(3) Opportunity to Access Service

Children who are enrolled in home instruction programs do not have an individual right to receive some or all of the special education and related services that they would receive if enrolled in a public school. Should a child enrolled in a home instruction program, who chooses to enroll in specific day school classes at the public school, request access to special education and related services in a public school within their SAU, the provisions of 20-A MRSA §5021 shall apply and the Individual Education Program Team will meet to develop an individual service plan for services provided in a public school.

If a parent of a child who is receiving home instruction does not provide consent for the initial evaluation or the reevaluation, or the parent fails to respond to a request to provide consent, the SAU may not use consent override procedures in 34 CFR 300.300(a)(3) and (c)(1) [Section XV] ; and the SAU is not required to consider the child eligible for services under 34 CFR 300.132 through 300.144. [Section IV.2.G] [34 CFR 300.300(d)(4)(i,ii)]

I. Education in the Unorganized Territories (EUT)

(1) School privileges in the unorganized territories

All persons who have attained the age of 5 years on October 15th and are under 22 years of age before the start of the school year and who reside with a parent in the unorganized territory or who are resident emancipated minors or residents at least 18 years old are eligible to attend elementary and secondary schools and to receive appropriate special education and related services without charge to themselves or their parents. Education must be provided in alignment with the system of learning results as established in section 6209 under the direction of the commissioner and must meet the general standards for elementary and secondary schooling and special education established pursuant to 20-A MRSA §3251-3254-A.

(2) Special education programs

The commissioner shall provide special education and related services to all children with disabilities of the unorganized territory in accordance with the provisions of chapter 303, except that the commissioner shall carry out the duties of school administrative units and superintendents as described in that chapter. All provisions of the Maine Unified Special Education Regulations Chapter 101 shall be followed for the children with disabilities. When the EUT is tuitioning a student with disabilities to an SAU, the superintendent of the EUT must provide written authorization to obligate the resources of the EUT at IEP meetings or must provide written delegation of that authorization to the SAU in which the child is placed.

J. Maine School of Science and Mathematics. The Maine School of Science and Mathematics shall ensure that children with disabilities who are attending the school receive special education and related services in accordance with this rule. The Maine School of Science and Mathematics shall contract with a qualified special education professional to oversee the required provisions of this rule. The Maine School of Science and Mathematics must ensure that the contracted special education professional has the written authorization from the Executive Director/Academic Dean to obligate the MSSM funds at IEP meetings.

K. Charter Schools

The responsibility for providing special education services for a student enrolled in a public charter school is as follows:

If the student is enrolled in a public charter school authorized by the Maine Charter School Commission, the public charter school is responsible for providing special education services.

If a student is enrolled in a public charter school authorized by a local school board, the local school board that authorized the public charter school is responsible for providing special education services

If a student is enrolled in a public charter school authorized by a group of local school boards, the responsibility for providing special education services is as designated in the legal structure established among the school boards. (Chapter 140, Section 2.7)

For a student enrolled in a noncharter public school, who decides to enroll in a public charter school, the noncharter public school retains responsibility for providing special education services until the first day of school at the public charter school, unless the two schools agree to an earlier date for the transfer of responsibility. (Title 20-A MRSA section 2412, subsection 5, paragraph G)

V. EVALUATION AND REEVALUATIONS FOR CHILFREN 3 - 22

1. Evaluations, Parental Consent, and Reevaluations [20 USC 1414(a-c) and 34 CFR 300.300- 306]

A. Initial evaluations

(1) In general.— The Department , other State agency, or SAU shall conduct a full and individual initial evaluation in accordance with this paragraph and 34 CFR 300.305 [Section V.3] through306 [Section VIII.2] , before the initial provision of special education and related services to a child with a disability under this part.

(2) Request for initial evaluation .-- Consistent with subparagraph (d), either a parent of a child, or the Department , other State agency, or SAU may initiate a request for an initial evaluation to determine if the child is a child with a disability.

(3) Procedures.

(a) In general.

(i) The initial evaluation must be conducted within 60 calendar days of receiving parental consent for the evaluation for children in the Child Development Services System, or within 45 school days of receiving parental consent for the evaluation for children 5-22 years of age under the responsibility of the public school system, andmust consist of procedures to determine if the child is a child with a disabilityand to determine the educational needs of the child; and

(ii) Following the completion of the initial evaluation, and within the above timeframe, the agency or SAU shall proceed to determine if the child is a child with a disability under 34 CFR 300.8 [Section VII] .

(b) Exception.--The relevant timeframe in clause (a)(i) shall not apply to a SAU if:

(i) A child enrolls in a school served by the SAU after the relevant timeframe in clause (a)(i) has begun and prior to a determination by the child's previous SAU as to whether the child is a child with a disability (as defined in 20 USC 1402), but only if the subsequent SAU is making sufficient progress to ensure a prompt completion of the evaluation, and the parent and subsequent SAU agree to a specific time when the evaluation will be completed; or

(ii) The parent of a child repeatedly fails or refuses to produce the child for the evaluation.

(4) Parental consent

(a) In general

(i) Consent for initial evaluation.--The SAU proposing to conduct an initial evaluation to determine if the child qualifies as a child with a disability under 34 CFR 300.8 [Section VII] after providing notice consistent with 34 CFR 300.503 and 504 [ Section XV] , obtain informed consent consistent with 34 CFR 300.9 [Section II.6] , from the parent of such child before conducting the evaluation. Parental consent for initial evaluation must not be construed as consent for placement for receipt of special education and related services. The SAU must make reasonable efforts to obtain the informed consent from the parent for an initial evaluation to determine whether the child is a child with a disability. [34 CFR 300.300(a)]

(ii) Consent for services .-- An SAU that is responsible for making a free appropriate public education available to a child with a disability under this part must obtain informed consent from the parent of such child before providing special education and related services to the child. The SAU must make reasonable efforts to obtain informed consent from the parent for the initial provision of special education and related services to the child.[34 CFR 300.300(b)(1,2)]

(b) Absence of consent

(i) For initial evaluation.--If the parent of a child, enrolled in public school or seeking to be enrolled in public school does not provide consent for an initial evaluation under clause (a)(i), or the parent fails to respond to a request to provide the consent, the SAU may, but is not required to pursue the initial evaluation of the child by utilizing the procedures described in 20 USC 1415, if appropriate, . The SAU does not violate its obligation under 300.111 and 300.301 through 300.311 if it declines to pursue the evaluation. [34 CFR 300.300(a)(3)(i,iii)]

(ii) For services.--If the parent of such child fails to respond to a request for, or refuses to consent, to the initial provision of special education and related the SAU may not use the due process procedures in order to obtain agreement or a ruling that services may be provided to the child. The SAU will not be considered to be in violation of the requirement to make FAPE available to the child because of the failure to provide the child with the special education and related services for which the parent refuses to or fails to provide consent and is not required to convene and IEP Team meeting under §300.320 and 300.324 for the child. [34 CFR 300.300(b)(3)]

• 1. If, at any time subsequent to the initial provision of special education and related services, the parent of a child revokes consent in writing for the continued provision of special education and related services, the SAU: 1. May not continue to provide special education and related services to the child, but must provide prior written notice in accordance with §300.503 before ceasing the provision of special education and related services;

(II) May not use the procedure in subpart E of IDEA (including the mediation procedures under §300.506 or the due process procedures under §§300.507 through 300.516) in order to obtain agreement or a ruling that the services may be provided to the child:

(III) Will not be considered to be in violation of the requirement to make available a free appropriate public education available to the child because of the failure to provide child with further special education and related services; and

(IV) Is not required to convene an IEP meeting or develop an IEP §§300.320 and 300.324 for the child for further special education and related services. [34 CFR 300.300(b)(4)]

(c) Consent for wards of the State

(i) In general.—If the child is a ward of the State and is not residing with the child’s parents, the SAU shall make reasonable efforts to obtain the informed consent from the parent (as defined in 20 USC 1402) of the child for an initial evaluation to determine whether the child is a child with a disability.

(ii) Exception. — For initial evaluations only , if the child is a ward of the State and is not residing with the child’s parent,the SAU shall not be required to obtain informed consent from the parent of a child for an initial evaluation to determine whether the child is a child with a disability if:

(I) Despite reasonable efforts to do so, the agency cannot discover the whereabouts of the parent of the child;

(II) The rights of the parents of the child have been terminated in accordance with State law; or

(III) The rights of the parent to make educational decisions have been subrogated by a judge in accordance with State law and consent for an initial evaluation has been given by an individual appointed by the judge to represent the child. [34 CFR 300.300(a)(2)]

(5) Rule of construction. -- The screening of a student by a teacher or specialist to determine appropriate instructional strategies for curriculum implementation shall not be considered to be an evaluation for eligibility for special education and related services. [34 CFR 300.302]

B. Reevaluations

(1) In general --An SAU must ensure that a reevaluation of each child with a disability is conducted in accordance with subsections (1) and (2):

(a) If the SAU determines that the educational or related services needs, including improved academic achievement and functional performance, of the child warrant a reevaluation; or

(b) If the child's parent or teacher requests a reevaluation.

(2) Limitation.- - A reevaluation conducted under subparagraph (1) shall occur:

(a) Not more frequently than once a year, unless the parent and the local educational agency agree otherwise; and

(b) At least once every 3 years, unless the parent and the local educational agency agree that a reevaluation is unnecessary. [34 CFR 300.303]

(3) Parent consent for reevaluation

(a) Subject to paragraph (3)(b) of this section, each SAU:

(i) Must obtain informed parental consent, in accordance with 34 CFR 300.300(a)(1), prior to conducting any reevaluation of a child with a disability.

(ii) If the parent refuses to consent to the reevaluation, the SAU may, but is not required to, pursue the reevaluation by using the consent override procedures described in (1)(A)(4)(b).

(iii) Does not violate its obligation under 34 CFR 300.111 and 300.301 through 300.311 if it declines to pursue the evaluation or reevaluation.

(b) The informed parental consent described in paragraph (3)(a) of this section need not be obtained if the SAU can demonstrate that

(i) It made reasonable efforts to obtain such consent; and

(ii) The child’s parent has failed to respond. [34 CFR 300.300(c)]

2. Evaluation Procedures. [20 USC 1414(b) and 34 CFR 300.304]

A. Notice.--The SAU shall provide notice to the parents of a child with a disability, in accordance with 34 CFR 300.503 [Section XV] , that describes any evaluation procedures such SAU proposes to conduct.

B. Conduct of evaluation.--In conducting the evaluation, the SAU shall:

(1) Use a variety of assessment tools and strategies to gather relevant functional, developmental, and academic information, including information provided by the parent, that may assist in determining:

(a) Whether the child is a child with a disability under 34 CFR 300.8 [Section VII] ; and

(b) The content of the child's individualized education program, including information related to enabling the child to be involved in and progress in the general education curriculum, or, for preschool children, to participate in appropriate activities;

(2) Not use any single measure or assessment as the sole criterion for determining whether a child is a child with a disability or determining an appropriate educational program for the child; and

(3) Use technically sound instruments that may assess the relative contribution of cognitive and behavioral factors, in addition to physical or developmental factors.

C. Other Evaluation Procedures [34 CFR 300.304(c)]--Each SAU shall ensure that:

(1) Assessments and other evaluation materials used to assess a child under this section:

(a) Are selected and administered so as not to be discriminatory on a racial or cultural basis;

(b) Are provided and administered in the child’s native language or other mode of communication and form most likely to yield accurate information on what the child knows and can do academically, developmentally, and functionally, unless it is not feasible to so provide or administer;

(c) Are used for purposes for which the assessments or measures are valid and reliable;

(d) Are administered by trained and knowledgeable personnel; and

(e) Are administered in accordance with any instructions provided by the producer of such assessments;

(2) Assessments and other evaluation materials include those tailored to assess specific areas of educational need and not merely those that are designed to provide a single general intelligence quotient.

(3) Assessments are selected and administered so as best to ensure that if an assessment is administered to a child with impaired sensory, manual, or speaking skills, the assessment results accurately reflect the child’s aptitude or achievement level or whatever other factors the test purports to measure, rather than reflecting the child’s impaired sensory, manual, or speaking skills (unless those skills are the factors that the test purports to measure).

(4) The child is assessed in all areas of suspected disability; including, if appropriate, health, vision, hearing, social, and emotional status, general intelligence, academic performance, communicative status, and motor abilities.

(5) Assessments of children with disabilities who transfer from one SAU to another SAU in the same school year are coordinated with those children’s prior and subsequent schools, as necessary and as expeditiously as possible, consistent with 34 CFR 300.301(d)(2) and (e) [Section V.1.A(3)(b)] , to ensure prompt completion of full evaluations.

(6) In evaluating each child with a disability under 34 CFR 300.304 through 300.306 [Section V] , the evaluation is sufficiently comprehensive to identify all of the child’s special education and related services needs, whether or not commonly linked to the category in which the child has been classified.

(7) Assessment tools and strategies that provide relevant information that directly assists persons in determining the educational needs of the child are provided.

D. Determination of eligibility and educational need. [34 CFR 300.306]--Upon completion of the administration of assessments and other evaluation measures:

(1) The IEP Team, which includes the parent of the child determine whether the child is a child with a disability, as defined in 34 CFR 300.8, in accordance with paragraph E of this section and the educational needs of the child;

(2) The SAU provides a copy of the evaluation report and the documentation of determination of eligibility (prior written notice) at no cost to the parent.

E. Special rule for eligibility determination. [34 CFR 300.306(b)] — A child must not be determined to be a child with a disability if the determinant factor for such determination is a:

(1) Lack of appropriate instruction in reading, including in the essential components of reading instruction (as defined in section 1208(3) of the Elementary and Secondary Education Act of 1965);

(2) Lack of appropriate instruction in math; or

(3) Limited English proficiency and, the child does not otherwise meet the eligibility criteria under 34 CFR 300.8(a).

F. Procedures for determining eligibility and educational need –

(1) In interpreting evaluation data for the purpose of determining if a child is a child with a disability under 34 CFR 300.8 [Section VII] and the educational needs of the child, each SAU must

(a) Draw upon information from a variety of sources, including aptitude and achievement tests, parent input, and teacher recommendations, as well as information about the child’s physical condition, social or cultural background, and adaptive behavior; and

(b) Ensure that information obtained from all of these sources is documented and carefully considered.

(2) If a determination is made that a child has a disability and needs special education and related services, an IEP must be developed for the child in accordance with 34 CFR 300.320 through 300.324. [Section VI and IX]

G. Specific learning disabilities

(1) In general.--Notwithstanding 20 USC 1407(b), when determining whether a child has a specific learning disability as defined in 20 USC 1402, an SAU shall not be required to take into consideration whether a child has a severe discrepancy between achievement and intellectual ability in oral expression, listening comprehension, written expression, basic reading skill, reading comprehension, mathematical calculation, or mathematical reasoning.

(2) Additional authority.--In determining whether a child has a specific learning disability, an SAU may use a process that determines if the child responds to scientific, research-based intervention as a part of the evaluation procedures described in paragraphs B and C.

3. Additional Requirements for Evaluation and Reevaluations. [20 USC 1414(c) and 34 CFR 300.305(a-c)]

A. Review of existing evaluation data. [34 CFR 300.305(a)]-As part of an initial evaluation (if appropriate) and as part of any reevaluation under this section, the IEP Team and other qualified professionals, as appropriate, shall:

(1) Review existing evaluation data on the child, including:

(a) Evaluations and information provided by the

parents of the child;

(b) Current classroom-based, local, or State assessments, and classroom-based observations; and

(c) Observations by teachers and related services providers; and

(2) On the basis of that review, and input from the child’s parents, identify what additional data, if any, are needed to determine:

(a) Whether the child is a child with a disability as defined in 34 CFR 300.8 [Section VII] , and the educational needs of the child, or, in case of a reevaluation of a child, whether the child continues to have such a disability and such educational needs;

(b) The present levels of academic achievement and related developmental needs of the child;

(c) Whether the child needs special education and related services, or in the case of a reevaluation of a child, whether the child continues to need special education and related services; and

(d) Whether any additions or modifications to the special education and related services are needed to enable the child to meet the measurable annual goals set out in the individualized education program of the child and to participate, as appropriate, in the general education curriculum.

B. Conduct of Review. [34 CFR 300.305(b)] The group described in paragraph 3(A) of this section may conduct its review without a meeting.

C. Source of data.-[34 CFR 300.305(c)]-The SAU shall administer such assessments and other evaluation measures as may be needed to produce the data identified by the IEP Team under paragraph (3)(A)(2).

D. Parental consent.— Following prior written notice each SAU shall obtain informed written parental consent, in accordance with subsection (1)(A)(4), prior to conducting any reevaluation of a child with a disability, except that such informed parental consent need not be obtained if the SAU can demonstrate that it had taken reasonable measures to obtain such consent and the child's parent has failed to respond. If the parent refuses to consent to the reevaluation, the SAU may, but is not required to, pursue the reevaluation by using the consent override procedures in 34 CFR 300.300(a)(3) [Section XVI.2] . The SAU does not violate its obligation under child find and evaluation and eligibility determination if it declines to pursue the evaluation or reevaluation. [34 CFR 300.300(c)(ii,iii)]

E. Requirements if additional data are not needed.-[34 CFR 300.305(d)]-If the IEP Team and other qualified professionals, as appropriate, determine that no additional data are needed to determine whether the child continues to be a child with a disability and to determine the child's educational needs, the SAU:

(1) Shall notify the child's parents of:

(a) That determination and the reasons for the determination; and

(b) The right of such parents to request an assessment to determine whether the child continues to be a child with a disability and to determine the child's educational needs; and

(2) Shall not be required to conduct such an assessment unless requested to by the child's parents.

F. Evaluations before change in eligibility. [34 CFR 300.305(e)]

(1) In general.--Except as provided in subparagraph (b, below), an SAU must evaluate a child with a disability in accordance with this section before determining that the child is no longer a child with a disability.

(2) Exception

(a) In general.--The evaluation described in subparagraph (1) shall not be required before the termination of a child's eligibility under this part due to graduation from secondary school with a regular diploma, or due to exceeding the age eligibility for a free appropriate public education under State law.

4. Standardized Reports of Evaluation for Children 3 to 22

A. Referral for Evaluation:

The SAU representative shall indicate to the evaluator when making a referral for evaluation:

(1) The suspected disability of concern;

(2) How the suspected disability is demonstrated within the educational setting;

(3) The information the IEP Team desires from the evaluator in order to plan an appropriate program for the child; and

(4) Any other information deemed relevant by the IEP Team.

B. Evaluation Report. The IEP Team shall require each person or agency completing an evaluation or diagnostic service recommended by the IEP Team to submit a written evaluation report no later than 40 school days, or no later than 50 days for children in the Child Development Services system, from the receipt of parental consent to evaluate, recognizing the requirement that the parents receive the evaluation report at least 3 days prior to the IEP Team Meeting at which the evaluation will be discussed.

C. Each report shall include :

Evaluation date(s)

Report date

Birth date and age at date of evaluation

Referral question and by whom

Relevant background information

Observation in the learning environment(which could be completed by another evaluator or an IEP team member and be considered in the preparation of the report)

Clinical observation , if appropriate

Results of informal assessment procedures

Summary of the evaluation procedures employed

Specification of the results of each evaluation with testing interpretation (including standard deviation scores).

Summary of the evaluation results and diagnostic impressions; and

Specification of the educational recommendations necessary to meet the child’s educational needs.

If intervention is recommended, the needs that could be addressed in regular education or in special education, if the child is identified by the IEP Team as a child with a disability.

D. Evaluation reports shall not make either eligibility or placement determinations. These determinations are the responsibility of the IEP Team, pursuant to federal and State law and regulation.

E. The evaluation report shall be placed in the child’s education record file.

F. The IEP Team shall only accept evaluation reports which the responsible SAU has ordered that conform with the description above. Other applicable reports provided may also be considered.

G. A copy of the evaluation report must be provided to the parent at least 3 days prior to the IEP Team Meeting at which the evaluation will be discussed.

5. Vocational Evaluations

Every child with a disability between 16 and 22 years of age may be provided an opportunity for an interest and aptitude evaluation. Such evaluations may include

job sampling and practical experiences if determined to be appropriate. Such vocational evaluations may be provided by qualified evaluators. The purpose of the vocational evaluation is to assist the IEP Team to identify child’s vocational interests, his/her vocational strengths, and deficits in work skills and behaviors that would interfere with appropriate educational programs and services that would be reasonably expected to result in the gainful employment of the child.

Based on the results of such an evaluation, a component of the child's Individualized Education Program shall be developed to include special education, supportive services and vocational services necessary to accomplish the identified vocational goals. A representative of the appropriate regional career and technical agency or program shall be invited to participate the development of this component of the child’s Individualized Education Program.

6. Independent Educational Evaluation [34 CFR 300.502]

A. General

(1) The parents of a child with a disability have the right under this part to obtain an independent educational evaluation of the child, subject to paragraphs B through E of this section.

(2) Each public agency must provide to parents, upon request for an independent educational evaluation, information about where an independent educational evaluation may be obtained, and the agency criteria applicable for independent educational evaluations as set forth in paragraph 5 of this section.

(3) For the purposes of this subpart:

(a) Independent educational evaluationmeans an evaluation conducted by a qualified examiner who is not employed by the public agency responsible for the education of the child in question; and

(b) Public expensemeans that the public agency either pays for the full cost of the evaluation or ensures that the evaluation is otherwise provided at no cost to the parent, consistent with 34 CFR§300.103.

B. Parent right to evaluation at public expense

(1) A parent has the right to an independent educational evaluation at public expense if the parent disagrees with an evaluation obtained by the public agency, subject to the conditions in paragraphs B.(1) through (4) of this section.

(2) If a parent requests an independent educational evaluation at public expense, the public agency must, without unnecessary delay, either:

(a) File a due process complaint to request a hearing to show that its evaluation is appropriate; or

(b) Ensure that an independent educational evaluation is provided at public expense, unless the agency demonstrates in a hearing pursuant to 34 CFR§§ 300.507 through 300.513 that the evaluation obtained by the parent did not meet agency criteria.

(3) If the public agency files a due process complaint notice to request a hearing and the final decision is that the agency’s evaluation is appropriate, the parent still has the right to an independent educational evaluation, but not at public expense.

(4) If a parent requests an independent educational evaluation, the public agency may ask for the parent’s reason why he or she objects to the public evaluation. However, the public agency may not require the parent to provide an explanation and may not unreasonably delay either providing the independent educational evaluation at public expense or filing a due process complaint to request a due process hearing to defend the public evaluation.

(5) A parent is entitled to only one independent educational evaluation at public expense each time the public agency conducts an evaluation with which the parent disagrees.

C. Parent-initiated evaluations . If the parent obtains an independent educational evaluation at public expense or shares with the public agency an evaluation obtained at private expense, the results of the evaluation:

(1) Must be considered by the public agency, if it meets agency criteria, in any decision made with respect to the provision of FAPE to the child; and

(2) May be presented by any party as evidence at a hearing on a due process complaint regarding that child.

D. Requests for evaluations by hearing officers . If a hearing officer requests an independent educational evaluation as part of a hearing on a due process complaint, the cost of the evaluation must be at public expense.

E. Agency criteria

(1) If an independent educational evaluation is at public expense, the criteria under which the evaluation is obtained, including the location of the evaluation and the qualifications of the examiner, must be the same as the criteria that the public agency uses when it initiates an evaluation, to the extent those criteria are consistent with the parent’s right to an independent educational evaluation.

(2) Except for the criteria described in paragraph C(1) of this section, a public agency may not impose conditions or timelines related to obtaining an independent educational evaluation at public expense. (Authority: 20 U.S.C. 1415(b)(1) and (d)(2)(A))

F. Educational observations by qualified examiners. A qualified examiner is permitted to observe a child at school or at a potential educational placement when the qualified examiner is not employed by the school and is conducting an independent educational evaluation at the request of the parent, at times and durations as the school would permit a qualified examiner that is employed by the school.

VI. INDIVIDUALIZED PLAN TEAM MEMBERSHIP

1. Individual Family Service Plan (IFSP) Team for Children with Disabilities B-2

A. Advance Written Notice, Accessibility and convenience of meetings

IFSP Meetings must be conducted in settings and at times that are convenient to families; and in the native language of the family or other mode of communication used by the family, unless it is clearly not feasible to do so. Meeting arrangements must be made with, and written notice provided to, the family and other participants early enough before the meeting date to ensure that they will be able to attend. [34 CFR 303.342(d)]

A copy of the notice of the IFSP Team meeting shall be placed in the child's education record.

A copy of the evaluation report must be provided to the parents at least 3 days prior to the IFSP Team meeting at which the evaluation will be discussed.

The reports of all evaluations conducted at the SAU’s request shall be provided to the service coordinator of each regional CDS site.

B. Initial and Annual IFSP Team Meetings for Children B-2 [34 CFR 303.343(a and b)].

(1) Each initial meeting and each annual meeting to evaluate the IFSP must include the following participants:

(a) The parent or parents of the child;

(b) Other family members, as requested by the parent, if feasible to do so;

(c) An advocate or person outside of the family, if the parent requests that the person participate;

(d) The service coordinator who has been working with the family since the initial referral of the child for evaluation, or who has been designated by the public agency to be responsible for implementation of the IFSP and has written authorization to obligate the IEU’s human and fiscal resources.;

(e) A person or persons directly involved in conducting the evaluations and assessments; and

(f) As appropriate, persons who will be providing services to the child or family.

The IFSP Team composition must be the parent and two or more individuals from separate disciplines or professions with one of these individuals being the service coordinator. [34 CFR 303.24]

(2) If a person directly involved in conducting the evaluations and assessments is unable to attend a meeting, arrangements must be made for the person’s involvement through other means, including:

(a) Participating in a telephone conference call;

(b) Having a knowledgeable authorized representative attend the meeting; or

(c) Making pertinent records available at the meeting.

C. Periodic review. Each periodic review must provide for the participation of persons in paragraphs (B)(1)(a-d). If conditions warrant, provisions must be made for the participation of other representatives from B.1. above.[20 USC 1436 (b)]

2. Individualized Family Service Plan (IFSP) Team or Individualized Education Program (IEP) Team for Children Three To Twenty-Two

Federal statute permits the use of the IFSP to record the special education and related services provided under Part B for children 3-5 . In the case of a child with a disability aged 3 through 5 (or, at the discretion of the State educational agency, a 2-year old child with a disability who will turn age 3 during the school year), the IEP Team must consider an individualized family service plan that contains the IFSP content (including the natural environments statement) described in 20 USC 1436 and its implementing regulations including an educational component that promotes school readiness and incorporates pre-literacy, language, and numeracy skills for children with IFSPs under this section who are at least three years of age, and that is developed in accordance with the IEP procedures. The individualized family service plan may serve as the IEP of the child, if using that plan as the IEP is consistent with State policy; and agreed to by the agency and the child’s parents. In implementing the requirements of this paragraph the SAU must provide to the child’s parents a detailed explanation of the differences between an IFSP and IEP, and if the parents choose an IFSP, obtain written, informed consent from the parents. [34 CFR 300.323(b)]

The utilization of the IFSP does not afford the child the option of continuing the Part C services. Continuation of Part C services for children 3-5 is not a policy option in Maine. Part C of the Act (IDEA) does not apply to any child with a disability receiving FAPE, in accordance with Part B of the Act, with funds under Section 619 of the Act. [34 CFR 300.818]

A. Advance Written Notice of IEP Meetings

Each SAU must take steps to ensure that one or both of the parents of a child with a disability are present at each IEP Team meeting or are afforded the opportunity to participate, including, notifying parents of the meeting early enough, at least 7 days prior to the meeting, to ensure that they will have an opportunity to attend; and scheduling the meeting at a mutually agreed on time and place. The notice must indicate the purpose, time, and location of the meeting and who will be in attendance; and inform the parents of the provisions in 34 CFR 300.321(a)(6) and (c) (relating to the participation of other individuals on the IEP Team who have knowledge or special expertise about the child , B.5 below ), and 34 CFR 300.321(f) (relating to the participation of the Part C service coordinator or other representatives of the Part C system at the initial IEP Team meeting for a child previously served under Part C of the act). For a child with a disability the planning must begin no later than the 9^th grade, or earlier, if determined appropriate by the IEP Team. The notice must indicate that the purpose of the meeting will be to begin post-secondary transition planning in accordance with 34 CFR 300.320(b) and that the SAU will invite the student and identify any other agency that will be invited to send a representative.[34 CFR 300.322(a) and (b)(1,2)]

The notice must include whether the school administrative unit will have an attorney present at the individualized education program team meeting.

A copy of the notice of the IEP Team Meeting shall be placed in the child's education record.

A copy of the evaluation report must be provided to the parent at least 3 days prior to the IEP Team Meeting at which the evaluation will be discussed

The reports of all evaluations conducted at the SAU’s request shall be provided to the IEP case manager of each regional site or SAU.

B. IEP Team Membership. [20 USC 1414(d)(1)(B) and 34 CFR 300.321(a)]Each IEP Team shall include the following members:

(1) The child's parents;

(2) No less than one regular education teacher for the child which should include career and technical or adult education teachers, if appropriate (if the child is, or may be, participating in the regular education environment);

(3) No less than one special education teacher or, where appropriate, not less than one special education provider (licensed or certified special education provider);

(4) A representative of the school administrative unit who

(a) Is qualified to provide or supervise the provision specially designed instruction to meet the unique needs of students with disabilities;

(b) Is knowledgeable about the general education curriculum;

(c) Is knowledgeable about the availability of resources of the local educational agency and has written authorization to obligate the unit (or written delegation of that authorization by the responsible SAU to the SAU in which the child is placed) ; and

(5) At the discretion of the parent or the agency, other individuals who have knowledge or special expertise regarding the child, including related services personnel as appropriate;

(6) An individual who can interpret the instructional implications of evaluation results, who may be a member of the team described in clauses (2) through (5);

(7) Whenever applicable, the child; and

(8) For a child who is a state ward or state agency client, the child’s caseworker representing a youth serving state agency. The surrogate parent retains the sole authority to represent the child by exercising the procedural safeguards available under this rule.

The determination of knowledge or special expertise of an individual described in (B)(5) above shall be made by the party (parent or public agency) who invited the individual to be a member of the IEP Team.

C. IEP Team Meetings – Transition Services

(1) Transition to preschool and other programs

(a) Notification to the SEA and appropriate LEA .

(1) The regional site, as lead agency representative must ensure that—

(i) Subject to paragraph (a)(2) of this section, not fewer than 90 days before the third birthday of the toddler with a disability if that toddler may be eligible for preschool services under part B of the Act, the regional site notifies the SEA and the SAU for the area in which the toddler resides that the toddler on his or her third birthday will reach the age of eligibility for services under part B of the Act, as determined in accordance with State law;

(ii) Subject to paragraph (a)(2) of this section, if the regional site determines that the toddler is eligible for early intervention services under part C of the Act more than 45 but less than 90 days before that toddler’s third birthday and if that toddler may be eligible for preschool services under part B of the Act, the regional site , as soon as possible after determining the child’s eligibility, notifies the SEA and the SAU for the area in which the toddler with a disability resides that the toddler on his or her third birthday will reach the age of eligibility for services under part B of the Act, as determined in accordance with State law; or

(iii) Subject to paragraph (a)(2) of this section, if a toddler is referred to the regional site fewer than 45 days before that toddler’s third birthday and that toddler may be eligible for preschool services under part B of the Act, the regional site with parental consent prior to disclosure or use of personally identifiable information, refers the toddler to the SEA and the SAU for the area in which the toddler resides; but, the regional site is not required to conduct an evaluation, assessment, or an initial IFSP meeting under these circumstances.

(2) The following personally identifiable information is provided to the SAU:

(i) a child’s name,

(ii) a child’s date of birth,

(iii) Parents’ contact information (including parents’ names, addresses, and telephone numbers).

(b) Conference to discuss services . The regional site must ensure that—

(1) If a toddler with a disability may be eligible for preschool services under part B of the Act, the regional site , with the approval of the family of the toddler, convenes a conference, among the lead agency, the family, and the SAU not fewer than 90 days—and, at the discretion of all parties, not more than 9 months—before the toddler’s third birthday to discuss any services the toddler may receive under part B of the Act; and.

(2) If the regional site determines that a toddler with a disability is not potentially eligible for preschool services under part B of the Act, the regional site, with the approval of the family of that toddler, makes reasonable efforts to convene a conference among the regional site , the family, and providers of other appropriate services for the toddler to discuss appropriate services that the toddler may receive.

(3) If a child is using necessary assistive technology (AT) device(s) that the AT will follow them on to preschool in order to support a smooth transition and this is identified in the transition plan/IEP that is developed by CDS.

(c) Transition plan . The regional site must ensure that for all toddlers with disabilities—

(1) (i) It reviews the program options for the toddler with a disability for the period from the toddler’s third birthday through the remainder of the school year; and

(ii) Each family of a toddler with a disability who is served under this part is included in the development of the transition plan required under this section and as part of the IFSP;

(2) It establishes a transition plan in the IFSP not fewer than 90 days—and, at the discretion of all parties, not more than 9 months—before the toddler’s third birthday; and

(3) The transition plan in the IFSP includes, consistent with the contents of the IFSP, as appropriate—

(i) Steps for the toddler with a disability and his or her family to exit from the part C program; and

(ii) Any transition services that the IFSP Team identifies as needed by that toddler and his or her family.

(d) Transition conference and meeting to develop transition plan . Any conference conducted under paragraph (b) of this section or meeting to develop the transition plan under paragraph (c) of this section (which conference and meeting may be combined into one meeting) must meet the requirements accessibility to and parental consent of the IFSP and has the appropriate membership.

(e) Applicability of transition requirements.

(1) The transition requirements in paragraphs (a)(1)(i) and (a)(1)(ii), (b)(1), and (c) of this section apply to all toddlers with disabilities receiving services under this part before those toddlers turn age three. [34 CFR 303.209]

(2) Transition from Regional CDS site to Public School

(a) The regional CDS site is responsible to convene a joint IEP Team Meeting in the spring of the year prior to a child’s right to enroll in a public school. The receiving SAU will be responsible for the facilitation, development of IEP amendments, and Written Notice for this joint meeting.

(b) The regional CDS site remains responsible for those extended school year services which are specified on a child’s IEP until the start of the regular school year in which the child is eligible for enrollment in the public school.

(c) An SAU’s responsibility for the provision of FAPE to an eligible child who resides within its unit and who turns five on or before October 15^th begins on the first day that children attend classes at the start of the school year.

The educational program developed for a child by the SAU, with input from CDS, to be implemented on the first day of public school, will be recorded as amendments to the IEP in effect at the time of the transition meeting in the spring of the year the child will transition from CDS to the public school. The time frame for the transition IEP meeting and the development of the amended IEP is April 1st through June 15th. It is expected that any annual review of the IEP due to take place during that time period will occur prior to the transition meeting. The regional CDS sites will contact the local SAUs and schedule transition meetings for children entering public school kindergarten in the fall. Prior to the CDS site sending the advance written notice of the transition meeting, the CDS site and the SAU will jointly, with input from the parent, determine who will be the members of the IEP Team.

The CDS staff, with input from providers and parents, will prepare information to share with the SAU such as:

• 1. Current IEP with goals 2. Progress reports and /or all current evaluations 3. Present levels of performance 4. Anticipated Extended School Year Services information

The amended IEP will clearly differentiate the responsible parties and the services time frame for which each party is responsible. There may be some specific transition goals for a child that will be a joint responsibility, such as a visit to the public school classroom or a practice ride on the public school bus. CDS, on behalf of its contracted providers, must provide to the SAU access to the child’s CDS programs in order for the SAU to make informed decisions about future planning for the child.

Both the CDS site and the SAU must have a representative at the meeting who is qualified and authorized to obligate the unit as required in the MUSER at VI.2.B(4). If the IEP Team does not reach consensus, the CDS representative authorizes the service(s) to be provided by CDS and the SAU representative authorizes the service(s) to be provided by the SAU.

If the transition IEP Team determines that there is not sufficient evaluative information to address all the child’s needs that result from the child’s disability, the transition IEP Team will determine the additional evaluations to be conducted. If CDS needs an evaluation to complete its responsibilities, CDS is responsible for the cost of that evaluation. Otherwise the evaluations will be paid for by the receiving SAU, which may use federal IDEA, Part B, Section 619 funds for this purpose. Evaluations for which parental consent is received by the SAU before the start of the school year will be governed by the 60 calendar day requirement regarding the administration and completion of the evaluation (section V.1.A(3)(a)(i) of this rule).

(3) Secondary Transition

(a) Transition services means a coordinated set of activities for a child with a disability that is designed to be within a results-oriented process, that: is focused on improving the academic and functional achievement of the child with a disability to facilitate the child’s movement from school to post school activities, including post-secondary education, vocational education, integrated employment(including supported employment), continuing and adult education, adult services, independent living, or community participation; is based upon the individual child’s needs, taking into account the child’s strengths, preferences, and interests; and includes instruction, related services, community experiences, the development of employment and other post school adult living objectives, and if appropriate, acquisition of daily living skills and provision of a functional vocational assessment. Transition services for children with disabilities may be special education, if provided as specially designed instruction, or a related service, if required to assist a child with a disability to benefit from special education. [34 CFR 300.43]

( b) Beginning not later than 9th grade the IEP Team will start the transition plan and it will be updated annually thereafter—

(aa) appropriate measurable postsecondary goals based upon age appropriate transition assessments related to training, education, employment, and, where appropriate, independent living skills;

(bb) the transition services (including courses of study , (such as participation in advanced placement courses, a vocational education program, or adult education program) needed to assist the child in reaching those goals; and

(cc) beginning not later than 1 year before the child reaches the age of majority under State law, a statement that the child has been informed of the child’s rights under IDEA, if any, that will transfer to the child on reaching the age of majority under 20 USC 1415(m) of IDEA. [20 USC 1414(d)(1)(A)(VIII) and 34 CFR 300.320(b)]

(c) The public agency must invite a child with a disability to attend the child’s IEP Team meeting if a purpose of the meeting will be the consideration of post-secondary goals for the child and the transition services needed to assist the child in reaching those goals. [34 CFR 300.321(b)(1)]

(d) If the child does not attend the IEP Team meeting, the public agency must take other steps to ensure that the child's preferences and interests are considered. [34 CFR 300.321(b)(2)]

(e) To the extent appropriate, with the consent of the parents or the child who has reached age of majority, in implementing the requirements of (c) above, the public agency must invite a representative of any participating agency that is likely to be responsible for providing or paying for transition services. [34 CFR 300.321(b)(3)]

(f) Failure to meet transition objectives. If a participating agency, other than the SAU, fails to provide the transition services described in the IEP, the local educational agency shall reconvene the IEP Team to identify alternative strategies to meet the transition objectives for the child set out in the IEP. [20 USC 1414(d)(6)]

Nothing in these rules relieves any other agency, including the Maine Department of Health and Human Services, the Maine Department of Labor, the Maine Department of Corrections, the Maine Department of Public Safety, or the Bureau of Vocational Rehabilitation, of the responsibility to provide or pay for any transition service that the agency would otherwise provide to children with disabilities who meet the eligibility criteria of that agency.

(g) Summary of performance.--For a child whose eligibility under this part terminates due to graduation from secondary school with a regular diploma, or due to exceeding the age eligibility for a free appropriate public education , an SAU shall provide the child with a summary of the child's academic achievement and functional performance, which shall include recommendations on how to assist the child in meeting the child's postsecondary goals.

D. Alternative Means of Meeting Participation [20 USC 1414(f)]

When conducting IEP team meetings and placement meetings pursuant to 20 USC 1414(d), 1415(e), and 1415(f)(1)(B), and carrying out administrative matters under 1415 (such as scheduling, exchange of witness lists, and status conferences) the parent of a child with a disability and a SAU shall permit the use of use alternative means of meeting participation, such as video conferences and individual or conference telephone calls to ensure that the parents of a child with a disability are able to have appropriate persons participate in individualized education program team meetings and special education dispute resolution procedures. A school administrative unit is not required to spend any funds to purchase additional equipment in order to comply with this provision .

E. Attendance Not Necessary [20 USC 1414(d)(1)(C)(i) and 34 CFR 300.321(e)(1)]

A member of the IEP Team described in 2.B(2-5) of this section is not required to attend an IEP Team Meeting, in whole or in part, if the parent of a child with a disability and the SAU agree in writing that the attendance of such member is not necessary because the member’s area of curriculum or related services is not being modified or discussed in the meeting.

F. Excusal [20 USC 1414(d)(1)(C)(ii) and 34 CFR 300. 321(e)(2)]

A member of the IEP Team may be excused from attending an IEP Team Meeting, in whole or in part, when the meeting involves a modification to or discussion of the member’s area of curriculum or related services, if—

(1) The parent, in writing, and the SAU consent to the excusal; and

(2) The member submits, in writing to the parent and the IEP Team, input into the development of the IEP prior to the meeting.

The SAU must ensure that the child’s IEP Team is informed of changes (made to the IEP). [34 CFR 300.324(a)(4)(ii)]

Initial IEP Team Meeting for the child under Part C. In the case of a child who was previously served under Part C of IDEA, an invitation to the initial IEP Team Meeting must, at the request of the parent, be sent to the Part C service coordinator or other representatives of the Part C system to assist with the smooth transition of services. [34 CFR 300.321(f)]

G. Written Agreement and Consent Required[20 USC 1414(d)(1)(C)(iii)]

A parent’s agreement under (E) and consent under (F) above shall be in writing.

H. Parent Participation

(1) Public agency responsibilitygeneral . Each public agency must take steps to ensure that one or both of the parents of a child with a disability are present at each IEP Team meeting or are afforded the opportunity to participate, including—

31>2005 03:09 Aug 12, 2006 00250 n PROD1PC70 with RULES

(a) Notifying parents of the meeting early enough to ensure that they will have an opportunity to attend; and

(b) Scheduling the meeting at a mutually agreed on time and place.

(2) Information provided to parents .

(a) The notice required under paragraph (1)(a) of this section must—

(i) Indicate the purpose, time, and location of the meeting and who will be in attendance; and

(ii) Inform the parents of the provisions in §300.321(a)(6) and (c) (relating to the participation of other individuals on the IEP Team who have knowledge or special expertise about the child), and §300.321(f) (relating to the participation of the Part C service coordinator or other representatives of the Part C system at the initial IEP Team meeting for a child previously served under Part C of the Act).

(b) For a child with a disability the planning must begin no later than the 9^th grade or earlier, if determined appropriate by the IEP Team, and the notice also must—

(i) Indicate—

(I) That a purpose of the meeting will be the consideration of the postsecondary goals and transition services for the child, in accordance with §300.320(b); and

(II) That the agency will invite the student; and

(ii) Identify any other agency that will be invited to send a representative.

(3) Other methods to ensure parent participation.If neither parent can attend an IEP Team meeting, the public agency must use other methods to ensure parent participation, including individual or conference telephone calls, consistent with §300.328 (related to alternative means of meeting participation).

(4) Conducting an IEP Team meeting without a parent in attendance. A meeting may be conducted without a parent in attendance if the public agency is unable to convince the parents that they should attend. In this case, the public agency must keep a record of its attempts to arrange a mutually agreed on time and place, such as—

(a) Detailed records of telephone calls made or attempted and the results of those calls;

(b) Copies of correspondence sent to the parents and any responses received; and

(c) Detailed records of visits made to the parent’s home or place of employment and the results of those visits.

(5) Use of interpreters or other action, as appropriate. The public agency must take whatever action is necessary to ensure that the parent understands the proceedings of the IEP Team meeting, including arranging for an interpreter for parents with deafness or whose native language is other than English.

(6) Parent copy of child’s IEP . The public agency must give the parent a copy of the child’s IEP at no cost to the parent within 21 school days of the IEP Team Meeting. [20 U.S.C. 1414(d)(1)(B)(i) and 34 CFR 300.322 (a-f)]

I. IEP Decision-Making Process

The IEP meeting serves as a communication vehicle between parents and school personnel, and enables them, as equal participants, to make joint, informed decisions regarding:

The child’s needs and appropriate goals;

The extent to which the child will be involved in the general curriculum and participate in the regular education environment and State and district-wide assessments; and

(3) The services needed to support that involvement and participation and to achieve agreed-upon goals. Parents are considered equal partners with school personnel in making these decisions, and the IEP Team must consider the parents’ concerns and the information that they provide regarding their child in determining eligibility; developing, reviewing, and revising IEPs; and determining placement.

The IEP Team should work toward consensus, but the SAU has ultimate responsibility to ensure that a child is appropriately evaluated; that the IEP includes the services that the child needs in order to receive FAPE; and that the child’s placement is in the least restrictive educational placement. It is not appropriate to make evaluation, eligibility, IEP or placement decisions based upon a majority “vote.” If the team cannot reach consensus, the SAU must provide the parents with prior written notice of the school’s proposals or refusals, or both, regarding their child’s educational program, and the parents have the right to seek resolution of any disagreements by initiating an impartial due process hearing or a State complaint investigation.

Every effort should be made to resolve differences between parents and school staff through voluntary mediation or some other informal step, without resorting to a due process hearing. However a mediation or other informal procedure may not be used to deny or delay a parent's right to a due process hearing or to deny any other rights afforded under these rules.

J. Major IEP Team Responsibilities

The major responsibilities of an IEP Team are:

To review, as part of an initial evaluation (if appropriate) and as part of any reevaluation of a child , existing evaluation data including evaluations and information provided by the parents of the child, current classroom-based assessments and observations, and teacher and supportive services providers observation to determine, with input from the child’s parents, what additional data, if any, are needed to determine whether a child is a child with a disability as defined in VII of this rule.

To determine the present levels of performance and educational needs of the child in all affected academic and non-academic areas.

To determine any necessary modifications and/or adaptations in the child's regular education program if existing data is insufficient to identify the child as eligible for special education services.

To develop or revise an Individualized Education Program (IEP) as described in IX to provide each identified child with a disability a free appropriate public education.

To review, at least annually, the Individualized Education Program of each child with a disability to:

(a) Determine whether the annual goals for the child are being achieved;

(b) Revise the IEP as appropriate to address any lack of expected progress toward the annual goals and in the general curriculum, where appropriate;

(c) Consider the results of any reevaluation;

(d) Consider any information about the child provided to, or by, the parents;

K. Audio Recording of IEP Meetings

Parents shall be permitted to audio record any IEP meeting regarding their child at their own expense. Schools may also audio record (or video record for families who are deaf or hard of hearing) IEP Meetings in which case the recording becomes an educational record subject to the provisions of XIV of this rule.

L. Abbreviated school day

An abbreviated school day can be initiated only by the IEP Team for one of two reasons: 1) based upon the child’s individual educational needs or 2) based upon the child’s individual medical needs.

It is the full expectation that children eligible under this Chapter will attend school the equivalent amount of time per day as children without disabilities in the same school and/or school program. These provisions do not apply to a change in placement under Section XVII, Discipline of Children with Disabilities in the regulation. An abbreviated school day for more than 10 days is considered to be a “change in placement” and can be made only by the IEP Team.

IEP teams shall make every effort to maintain children in full-day programs utilizing, supplementary aids and services, before determining that an abbreviated school day is appropriate and necessary.

(1.) Abbreviated school day by the IEP Team based on a child's individual educational needs

If the team considers that an abbreviated school day is appropriate and necessary, the IEP Team must:

(a) Address how the child will meet the system of learning results (which may include a core of standards in English language arts and mathematics for kindergarten through grade 12 established in common with other states), and receive full access to the general curriculum and services on the IEP, as determined by the individual child’s need;

(b) Address how the child will participate in local and statewide assessments;

(c) Develop a revised IEP with a re-entry plan for the child to return to a full-time school day within a reasonable period of time, no longer than 45 calendar days; and,

(d) Delineate in the revised IEP with the re-entry plan the actions the SAU will take to assist the child to participate in a full day of school; and

(e) Document in the Written Notice the basis for the determination of an abbreviated school day and how the determination is based on the individual needs of the child.

If the child does not return to a full-time school day within 45 calendar days, the IEP Team must convene every 20 school days thereafter to:

review progress toward returning to full-time school day;

review progress in the educational setting; and,

if the child is not progressing, determine what setting will allow the child to progress.

(2) Abbreviated school day by the IEP Team based upon a child’s individual medical needs.

If the IEP Team considers that an abbreviated school day is appropriate and necessary, the IEP Team must:

(a) Discuss and consider the individual medical needs as identified by the qualified medical professional(s);

(b) Address how the child will meet the system of learning results (which may include a core of standards in English language arts and mathematics for kindergarten through grade 12 established in common with other states) and receive full access to the general curriculum and the services on the IEP, as determined by the individual child’s medical needs;

(c) Address how the child will participate in local and statewide assessments consistent with the child’s individual medical needs; and

(d) Document in the Written Notice the medical basis for the determination of an abbreviated school day.

Until such time as the child is medically able to transition to a full school day, the IEP Team shall meet no less frequently than every 90 calendar days. In exceptional cases, this may be exceeded when determined necessary by the IEP Team consistent with medical recommendation(s). At these meetings, the IEP Team shall review the child’s progress and modify the IEP as appropriate. At such time as the child is medically able to increase his/her school day, the IEP Team will reconvene to revise the IEP.

VII. ELIGIBILITY CRITERIA AND PROCEDURES FOR DETERMINATION

1. Eligibility Criteria for Children B-2

A. Developmental Delay

(1) Definition. An infant or toddler with a disability means an individual under three years of age who needs early intervention services because the individual is experiencing developmental delays, as measured by appropriate diagnostic instruments and procedures in one or more of the areas of cognitive development, physical development, communication development, social or emotional development, and adaptive development; or has a diagnosed physical or mental condition that has a high probability of resulting in developmental delay, includes conditions such as chromosomal abnormalities; genetic or congenital disorders; sensory impairments; inborn errors of metabolism; disorders reflecting disturbance of the development of the nervous system; congenital infections; severe attachment disorders; and disorders secondary to exposure to toxic substances, including fetal alcohol syndrome. [20 USC 1432(5)(A)]

For children B-2 with diagnosed physical or mental conditions that are not included in the list in the definition above, each child’s diagnostic evaluation must include demonstration that the child has a high probability to have a developmental delay resulting from that condition. The diagnostic evaluation of that condition will demonstrate the severity and chronicity of the condition which can then be discussed by the team to determine its impact on eligibility.

The level of developmental delay required for eligibility will be defined as any of the following (unless the measures used, such as hearing and vision tests, have different criteria for establishing abnormal development):

(a) A delay of at least 2.0 or more standard deviations below the mean in at least one of the five areas of development listed above; or

(b) A delay of at least 1.5 standard deviations below the mean in at least two of the five areas of development listed in 1(A)(1), above.[20 USC 1435(a)(1)]

(2) Procedures for Determination

(a) Evaluation and assessment of each child age B-2 referred must include:

(i) Health: A review of pertinent records related to the child's current health status and medical history. [34 CFR 303.322(c)(3)(i)] ;

(ii) Multidisciplinary assessment of the unique strengths and needs of the infant or toddler and the identification of services appropriate to meet such needs. [20 USC 1436(a)(1)] The evaluation and assessment team must administer one of the Department-approved instruments for determining eligibility; and

(iii) Family: a family directed assessment of the resources, priorities and concerns of the family and identification of the supports and services necessary to enhance the family’s capacity to meet the developmental needs of the infant or toddler. [20 USC 1436(a)(2)]

The procedures for these assessments are set forth in IV.1.E of this rule.

( b) The level of developmental delay required for eligibility will be defined as any of the following (unless the measures used, such as hearing and vision tests, have different criteria for establishing abnormal development):

(i) A delay of at least 2.0 or more standard deviations below the mean in at least one of the five areas of development listed above; or

(ii) A delay of at least 1.5 standard deviations below the mean in at least two of the five areas of development listed in 1(A)(1), above.[Developed pursuant to 20 USC 1435(a)(1)]

(c) Informed Clinical Opinion

Informed clinical opinion must be used by qualified early intervention personnel when conducting an evaluation and assessment of the child. Informed clinical opinion may be used as an independent basis to establish a child’s eligibility under Part C even when other instruments do not establish eligibility, however in no event may informed clinical opinion be used to negate the results of evaluation instruments used to establish eligibility. Informed clinical opinion is the professional judgment of qualified early intervention personnel.

When determining eligibility through the informed clinical opinion of an IFSP Team, the Team must document the following:

(i) Explain why the evaluation standards and procedures, that are used with the majority of children resulted in invalid findings for this child.

(ii) Indicate what objective data was used to conclude that the child has a developmental delay. Data may include test scores; parent input; childcare provider comments; observations of the child in his/her daily routine; use of behavior checklists or criteria-referenced measures; and other developmental data including current health status and medical history.

(iii) Indicate which data had the greatest relative importance for the eligibility decision.

(iv) Indicate agreement of the use of informed clinical opinion. If one or more team members disagree with the decision, the dissenting team members will develop a written statement of the areas of disagreement, signed by those members and will be kept in the child’s education record.

2. Eligibility Criteria for Children Three to Twenty-Two

The references to data from general education interventions apply only to children age five to twenty-two. Parents may always make a referral without waiting for the completion of the general education interventions.

A child with a disability is an individual who:

Has reached the age of 3 years;

Has neither graduated from a secondary school program with a regular high school diploma and is under 22 years of age at the start of the school year;

Has been observed in the learning environment/classroom setting; and

Has been evaluated according to these rules and has been determined to have a disability which requires the provision of special education and supportive services.

A child with a disability shall have one or more of the disabilities listed in this section.

A child must need special education. Although federal regulations do not define “needs,” the word commonly signifies something necessary, something exigent or the “lack of something essential.” A child “needs” special education and related services when, because of the disability, the child can neither progress effectively in a regular education program nor receive reasonable benefit from such a program in spite of other services available to the child.

The need is best established through evidence of a distinctly measurable and persistent gap in the child’s educational or functional performance that cannot be addressed through services or accommodations available through the general education program.

A. Autism

(1) Definition. Autism means a developmental disability significantly affecting verbal and non-verbal communication and social interaction, generally evident before age three that adversely affects educational performance. Other characteristics often associated with autism are engagement in repetitive activities and stereotyped movements, resistance to environmental change or change in daily routines, and unusual responses to sensory experiences.

The term does not apply if a child’s educational performance is adversely affected primarily because the student has an emotional disability, as defined in Section VII of this rule.

A child who manifests the characteristics of autism after age three could be identified as having autism if the criteria in paragraph one of this section is satisfied. [34 CFR 300.8(c)(1)(i-iii)]

Autism is defined as one of the “pervasive developmental disorders” which includes: PDD, PDDNOS, Asperger’s Syndrome, Autistic Disorder, Rett’s Syndrome, and Childhood Disintegrative Disorder.

(2) Procedure for Determination. All steps below are required.

(a) Data from general education interventions, if appropriate, utilizing research based intervention techniques indicate that the response to general education intervention is not adequate.

(b) Diagnostic impressions will be based upon an evaluation undertaken by a qualified professional who is qualified to make a diagnostic impression under the DSM codes for pervasive developmental disorders.

B. Deaf-Blindness

(1) Definition. Deaf-blindness means concomitant visual and deafness, including hearing loss, the combination of which causes such severe communication, and other developmental and educational needs that cannot be accommodated in special education programs solely for children with deafness or children with blindness. [34 CFR 300.8(c)(2)]

(2) Procedure for Determination . All steps below are required.

(a) Deaf-blindness is a separate eligibility category. These children should not be categorized or counted as multiply disabled, unless there is another distinct disability and the team is unable to determine the primary disability.

(b) Audiological and medical evaluations are utilized as part of the multidisciplinary evaluation in determination of eligibility.

C. Deafness, including hearing loss

(1) Definition . Deafness, including hearing loss meansa hearing impairment that is so severe that the child is impaired in processing linguistic information through hearing, with or without amplification, that adversely affects the child’s educational performance. [34 CFR 300.8(c)(3)]

(2) Procedure for Determination. All steps below are required.

(a) Audiological and medical evaluations will determine the diagnosis under this criterion.

(b) Once deafness is diagnosed, further assessments by specialists in the field of deaf education are needed for the IEP Team’s determination of adverse effect on educational performance and language acquisition. These additional assessments may be conducted by a Teacher of the Deaf/Hearing Impaired, a speech-language pathologist, or other qualified personnel, as deemed appropriate by the IEP Team.

D. Developmental Delay

(1) Definition.A child with a disability aged 3-5, may, at the discretion of the local educational agency, include a child experiencing developmental delays, as defined below and as measured by appropriate diagnostic instruments and procedures, in one or more of the following areas: physical development; cognitive development; communication development; social or emotional development; or adaptive development; and who, by reason thereof, needs special education and related services. [20 USC 1401(a)(3)(B)(i-ii)]

The measured delays must be so significant as to adversely affect the child’s educational performance or achievement in age-relevant, developmentally, and individually appropriate activities such that the child does not achieve or perform at a level commensurate with that of typically developing children of the same age.

Every effort will be made to identify a child’s primary disability under one of the other Part B eligibility criteria, reserving developmental delay for those situations in which a clear determination cannot be made under any other category.

For a five-year-old who has transitioned from early childhood special education to a public school, and who has been determined eligible under developmental delay by CDS, and for whom the IEP Team cannot achieve consensus on Part B criteria for the kindergarten year, the SAU may continue the eligible child under the developmental delay criteria for that year consistent with 34 CFR 300.111. During the kindergarten year, the IEP Team will determine by means of further evaluation, assessments and classroom observations., whether the child is eligible as a child with a disability under Part B criteria.

(2) Procedure for Determination. All steps below are required.

(a) A developmental delay will be determined through the use of standardized measures intended to examine all five areas of development, and administered by a qualified individual with formal training in professional standards of the assessment of young children.

(b) Criteria for identifying significant delays are scores of at least 1.5 standard deviations below the mean in at least two of the five listed domains or 2 standard deviations below the mean in one of the five listed domains.

(c) The composite standard score of the overall domain will be used to determine a standard deviation below the mean in a developmental area.

(d) The identification of a young child with a developmental delay will include consideration of an observation of the child in the learning environment or an environment appropriate for a child of that age, to document educational performance and behavior in the areas of difficulty. The observation will be done by a certified special education personnel, other than the child’s current provider

(e) The IEP Team will determine if the child’s delay adversely affects the child’s educational performance.

E. Emotional Disability

(1) Definition. Emotional Disability means a condition which exhibits one or more of the following characteristics over a long period of time and to a marked degree that adversely affects the child’s educational performance:

(a) An inability to learn that cannot be explained by intellectual, sensory, or health factors;

(b) An inability to build or maintain satisfactory interpersonal relationships with peers and teachers;

(c) Inappropriate types of behaviors or feelings under normal circumstances;

(d) A general pervasive mood of unhappiness or depression;

(e) A tendency to develop physical symptoms or fears associated with personal or school problems.

The term includes schizophrenia. The term does not apply to students who are “socially maladjusted,” unless it is determined that they have an emotional disability. [34 CFR 300.8(c)(4)]

(2) Procedure for Determination. All steps below are required.

(a) Data from general education interventions, if appropriate, utilizing research based intervention techniques indicate that the response to general education intervention is not adequate.

(b) Evaluation will be done by qualified personnel who is qualified to make a diagnostic impression under the DSM codes.

F. Hearing Loss

(1) Definition. Hearing Loss means an impairment in hearing whether permanent or fluctuating, that adversely affects the child’s educational-performance but who is not included under the definition of deafness in Section VII.(2)(C) of this rule.. [34 CFR 300.8(c)(5)]

(2) Procedure for Determination . All steps below are required.

(a) An audiological and a medical evaluation are to be utilized as part of the multidisciplinary determination of eligibility under this criterion.

(b) The IEP Team will determine if the impairment adversely affects the child’s educational performance.

G. Intellectual Disability

(1) Definition. Intellectual disability means significantly subaverage general intellectual functioning existing concurrently with deficits in adaptive behaviors and manifested during the developmental period that adversely affect the child’s educational performance. [34 CFR 300.8(c)(6)]

(2) Procedure for Determination. All steps below are required.

(a) Diagnostic impression will be based upon an evaluation completed by a professional who is qualified to make a diagnostic impression under current DSM codes, as part of the multidisciplinary evaluation.

(b) The IEP Team will determine if the impairment adversely affects the child’s educational performance.

H. Multiple Disabilities

(1) Definition. Multiple disabilities means concomitant impairments the combination of which causes such severe educational needs that the child cannot be accommodated in special educational programs solely for one of the impairments. The term does not include children who have deaf-blindness. [34 CFR 300.8(c)(7)]

(2) Procedure for Determination. All steps below are required.

(a) A child under this category will have a diagnostic report which specifically articulates the distinct documented disabilities—the combination of which causes such severe educational needs that the child cannot be accommodated in special education programs solely for one impairment. The disabilities are concomitant.

(b) If the IEP Team is unable to determine a primary disability and the conditions under (a) are met, the child should be categorized as a child with multiple disabilities.

I. Orthopedic impairment

(1) Definition. Orthopedic impairment means a severe orthopedic impairment that adversely affects a child’s educational performance. The term includes impairments caused by a congenital anomaly, impairments caused by disease (e.g., poliomyelitis, bone tuberculosis) and impairments from other causes (e.g., cerebral palsy, amputations, and fractures or burns that cause contractures). [34 CFR 300.8(c)(8)]

(2) Procedure for Determination. All steps below are required.

(a) A referral shall include a diagnosis from a licensed physician as to the existence of an orthopedic impairment, resulting from a congenital anomaly, disease, or other condition.

(b) The IEP Team will determine if the impairment adversely affects the child’s educational performance.

J. Other Health Impairment

(1) Definition. Other health impairment means having limited strength, vitality or alertness, including a heightened alertness to environmental stimuli, that results in limited alertness with respect to the educational environment, that is due to chronic or acute health problems, such as asthma, attention deficit disorder, attention deficit hyperactivity disorder, diabetes, epilepsy, a heart condition, hemophilia, lead poisoning, leukemia, nephritis, rheumatic fever, or sickle cell anemia, Tourette Syndrome and adversely affects the child’s educational performance. [34 CFR 300.8(c)(9)]

(2) Procedure for Determination . All steps below are required.

(a) Data from general education interventions, if appropriate, using research based intervention techniques indicate that the response to general education intervention is not adequate.

(b) The I.E.P. Team shall consider any available written diagnoses and/or educational, psychological or medical evaluation results relevant to the identification process.

(c) Current diagnostic criteria must have been considered in making the diagnosis or diagnostic impression.

(d) The I.E.P. Team shall review written reports of observations conducted across settings including observations within the educational environment, if the child is participating in an educational environment. These observations must include a comparison of the referred/identified student’s behaviors to same-aged peers’ behaviors from the same environment.

(e) When considering eligibility due to an attention deficit

hyperactivity disorder, diagnostic impressions of ADHD must be based on a multi-method and multi-informant assessment process conducted across multiple environments including the educational setting for children participating in an educational setting. Methods for ADHD assessment must include at least the following:

Psychosocial History;

Clinical interviews;

Structured observations of the child’s behavior in the educational setting;

Behavior rating scales measuring features of attention, hyperactivity and impulsivity across multiple settings including the educational setting; and

Measures that rule out other disorders that may manifest with similar symptoms.

(f) A child with a medical condition listed under Other Health Impairment may also be eligible under another category if he or she meets the criteria for that other category and needs special education and related services. All children who have one or more of the conditions listed under Other Health Impairment are not necessarily eligible to receive special education services under IDEA.

K. Speech or Language Impairment

(1) Definition. Speech or language impairment means a communication disorder such as stuttering, impaired articulation, a language impairment, or a voice impairment, that adversely affects the child’s educational performance. [34 CFR 300.8(c)(11)]

(2) Procedure for Determination. All steps below are required.

(a) Data from general education interventions, if appropriate, utilizing research based intervention techniques indicate that the response to intervention is not adequate.

(b) For assessments that provide standard scores, the criteria for determining disability will be in the moderate to severe range for the child’s age as determined by the rating scales.

(c) For assessments that do not provide standard scores, criteria for a moderate to severe disability must be met by the quantifiable measure as determined by the rating scales.

(d) For clinical observations documenting the effect of communication on educational performance in evaluation reports, the criteria for meeting a moderate to severe disability must be detailed by the examiner as determined by the rating scales.

(e) Evaluation data shall be entered into a rating scale by the IEP Team which measures a moderate to severe level of speech or language impairment in all levels of assessment

(f) Diagnosis will be by a licensed or certified professional who is qualified to make a diagnosis under this criteria, as reflected below:

Certified speech/language clinician

Licensed speech/language pathologist

L. Specific Learning Disability

(1) Definition.Specific learning disability means a disorder in one or more of the basic psychological processes involved in understanding or in using language, spoken or written, that may manifest itself in an imperfect ability to listen, think, speak, read, write, spell, or to do mathematical calculations, including conditions such as perceptual disabilities, brain injury, minimal brain dysfunction, dyslexia, and developmental aphasia. Specific learning disabilities does not include learning problems that are primarily the result of visual, hearing, or motor disabilities, of intellectual disability, of emotional disability, or environmental, cultural or economic disadvantage. [34 CFR 300.8(c)(10)]

(2) Determination of the existence of a Specific Learning Disability.

(a) The IEP Team may determine that a child has a specific learning disability if:

(i) Evidence from multiple valid and reliable sources demonstrates that the child does not achieve adequately for the child’s age or to meet State-approved grade-level standards in one or more of the following areas, when provided with learning experiences and instruction appropriate for the child’s age or State-approved grade-level standards:

(aa) Oral expression.

(bb) Listening comprehension.

(cc) Written expression.

(dd) Basic reading skill.

(ee) Reading fluency skills.

(ff) Reading comprehension.

(gg) Mathematics calculation.

(hh) Mathematics problem solving; and

(ii) The child exhibits a pattern of strengths and weaknesses in performance, achievement, or both, relative to age, State-approved grade level standards, or intellectual development, that is determined by the group to be relevant to the identification of a specific learning disability, using appropriate assessments, consistent with §§300.304 and 300.305 [Section V] . To determine a pattern of strength and weaknesses, the IEP Team must consider the following:

(aa) data collected when using a process based on the child’s response to scientific, research-based intervention; including general education interventions under Section III of this rule;

(bb) Classroom performance data;

(cc) Achievement data based on summative assessments, State assessments or scientifically-based assessments;

(dd) Psychological processing data from standardized measures to identify contributing factors: and

(iii) The group determines that its findings under paragraphs (2)(a) (i) and ( ii ) of this section are not primarily the result of—

(aa) A visual, hearing, or motor disability;

(bb) Intellectual disability;

(cc) Emotional disability;

(dd) Cultural factors;

(ee) Environmental or economic disadvantage; or

(ff) Limited English proficiency.

(b) To ensure that underachievement in a child suspected of having a specific learning disability is not due to lack of appropriate instruction in reading or math, the group must consider, as part of the evaluation described in §§ 300.304 through 300.306 [Section V] —

(i) Data that demonstrate that prior to, or as a part of, the referral process, the child was provided appropriate instruction in regular education settings, delivered by qualified personnel; and

(ii) Data-based documentation of repeated assessments of achievement at reasonable intervals, reflecting formal assessment of student progress during instruction, which was provided to the child’s parents.

(c) If measures with norms for the child’s cultural and linguistic background, physical disability or other contributing factors are unavailable, then the IEP Team’s assessment shall utilize multi-tiered problem-solving approaches such as analysis of work samples and other performance data to demonstrate the likelihood of a learning disability.

( d ) Additional group members.The determination of whether a child suspected of having a specific learning disability is a child with a disability as defined in §300.8 and VII.2(L) of this rule must be made by the child’s parents and a team of qualified professionals, which must include:

(i) The child’s regular teacher; or

(ii) If the child does not have a regular teacher, a regular classroom teacher qualified to teach a child of his or her age; or

(iii) For a child of less than school age, an individual qualified by the SEA to teach a child of his or her age; and

(iv) At least one person qualified to conduct individual diagnostic examinations of children, such as a school psychologist, speech-language pathologist, or remedial reading teacher. [20 U.S.C. 1221e–3; 1401(30); 1414(b)(6)) and 34 CFR 300.308]

( e ) The public agency must promptly request parental consent to evaluate the child to determine if the child needs special education and related services, and must adhere to the timeframes described in Sections VI.1.A and B of this rule [§§ 300.301 and 300.303], unless extended by mutual written agreement of the child’s parents and a group of qualified professionals, as described in paragraph d of this section [ §300.306(a)(1) ] —

(ii) If, prior to a referral, a child has not made adequate progress after an appropriate period of time when provided instruction, as described in paragraphs (b)( i ) and ( ii) of this section; and

(ii) Whenever a child is referred for an evaluation. (Authority: 20 U.S.C. 1221e–3; 1401(30); 1414(b)(6)) [34 CFR 300.309]

( f ) Observation

(i) The public agency must ensure that the child is observed in the child’s learning environment (including the regular classroom setting) to document the child’s academic performance and behavior in the areas of difficulty.

(ii) The group described in paragraph d of this section [§300.306(a)(1), in determining whether a child has a specific learning disability, must decide to—

(aa)Use information from an observation in routine classroom instruction and monitoring of the child’s performance that was done before the child was referred for an evaluation; or

(bb) Have at least one member of the group described in paragraph d of this section [§300.306(a)(1)] conduct an observation of the child’s academic performance in the regular classroom after the child has been referred for an evaluation and parental consent, consistent with section V.1.A(4)(a) of this rule [ §300.300(a)], is obtained.

(iii) In the case of a child of less than school age or out of school, a group member must observe the child in an environment appropriate for a child of that age. (Authority: 20 U.S.C. 1221e–3; 1401(30); [34 CFR 300.310]

(g) Specific documentation for the eligibility determination.

(i) For a child suspected of having a specific learning disability, the documentation of the determination of eligibility, as required in §300.306(a)(2), must contain a statement of—

(aa) Whether the child has a specific learning disability;

(bb) The basis for making the determination, including an assurance that the determination has been made in accordance with §300.306(c)(1);

(cc)The relevant behavior, if any, noted during the observation of the child and the relationship of that behavior to the child’s academic functioning;

(dd) The educationally relevant medical findings, if any;

(ee) Whether the child does not achieve adequately for the child’s age or to meet State-approved grade-level standards consistent with §300.309(a)(1) [Section VII.2.L(2)(a)(i)]; and the child exhibits a pattern of strengths and weaknesses in performance, achievement, or both, relative to age, State-approved grade level standards or intellectual development consistent with §300.309(a)(2)(ii) [Section VII.2.L(2)(a)(ii)] ;

(ff) The determination of the group concerning the effects of a visual, hearing, or motor disability; intellectual disability; emotional disability; cultural factors; environmental or economic disadvantage; or limited English proficiency on the child’s achievement level; and

(gg) If the child has participated in a process that assesses the child’s response to scientific, research-based intervention—

(I) The instructional strategies used and the student-centered data collected; and

(II)The documentation that the child’s parents were notified about—

(A) The State’s policies regarding the amount and nature of student performance data that would be collected and the general education services that would be provided;

(B) Strategies for increasing the child’s rate of learning; and

(C) The parents’ right to request an evaluation.

(ii) Each group member must certify in writing whether the report reflects the member’s conclusion. If it does not reflect the member’s conclusion, the group member must submit a separate statement presenting the member’s conclusions. (Authority: 20 U.S.C. 1221e–3; 1401(30); and 34 CFR 300.311]

Traumatic Brain Injury

(1) Definition. Traumatic brain injury means an acquired injury to the brain caused by an external physical force resulting in total or partial functional disability or psychosocial impairment or both that adversely affects a child’s educational performance. The term applies to open or closed head injuries resulting in impairments in one or more areas, such as cognition, language, memory, attention, reasoning, abstract thinking, judgment, problem-solving, sensory, perceptual and motor abilities, psychosocial behavior, physical functions, information processing and speech. The term does not apply to brain injuries that are congenital or degenerative, or brain injuries induced by birth trauma. [34 CFR 300.8(c)(12)]

( 2) Procedure for Determination. All steps below are required.

(a) Evaluation will be done by qualified personnel who are qualified to make the diagnosis.

(b) The IEP Team will determine if the impairment adversely affects the child’s educational performance.

N. Visual Impairment including Blindness

(1) Definition.Visual impairment including blindness means an impairment in vision that, even with correction, adversely affects the child’s educational performance. The term includes both partial sight and blindness. [34 CFR 300.8(c)(13)]

(2) Procedure for Determination. The step below is required.

(a) A child displays a visual impairment when a visual impairment or a progressive vision loss has been diagnosed by a licensed, qualified optometrist or ophthalmologist, and the diagnostic report indicates that the child displays a visual impairment.

3. Procedure for Determination of Adverse Effect on Educational Performance

This procedure applies only to the following disability eligibility categories: Autism, Deafness, including Hearing Loss Developmental Delay, Emotional Disability, Intellectual Disability, Orthopedic Impairment, Other Health Impairment, Speech or Language Impairment, Traumatic Brain Injury, and Visual Impairment including Blindness. This section does not apply to the following disabilities where the demonstration of adverse effect is not required as a condition for special education eligibility: Deaf-Blindness, Multiple Disabilities, and Specific Learning Disability.

The IEP Team’s determination of adverse effect shall be based upon the results of assessments or data sources, determined by the team to be necessary to validate the effect In most situations, the IEP Team shall consider multiple assessments/data sources. If the IEP Team determines that a single assessment/data source is adequate for determination of adverse effect, the team will provide the rationale on the required form. The IEP Team shall document the data elements utilized in the determination of adverse effect on the Maine Department of Education’s required adverse effect form.

NOTE: This procedure for determination of adverse effect on educational performance does not replace the requirements specified in Section V Evaluation or Reevaluation of this rule.

VIII. ELIGIBILITY FOR FAPE FOR FIVE YEAR OLDS BY IEP TEAM DETERMINATION

The Child Development Services System shall provide free., appropriate public education to a preschool child with disabilities who reaches 5 years of age between July 1^st and October 15^th if that child is already receiving free, appropriate public education through the Child Development Services System and the child’s individualized education program team determines, in accordance with rules adopted by the commissioner in subsections 1 and 2 below, that it is in the best interest of the child not to enroll that child in kindergarten until the start of the following school year. A child is considered to have been already receiving FAPE services through CDS if they were counted in the prior year’s December 1^st Child Count. [20-A MRSA §7001 (2-A)]

1. In accordance with 20-A MRSA §7001(2-A), when the individualized education program team is considering the choice of whether the child should receive “free and appropriate public education” services through the Child Development Services System or in kindergarten, the team must determine whether it “best meets the individual needs of the child” to remain in the Child Development Services System and not enroll in kindergarten until the start of the following school year;

2. The “best meets the individual needs of the child” standard may not be equivalent to the “free and appropriate public education” standards and that the individualized education program team may determine that remaining in the Child Development Services System may “best meet the individual needs of the child” even if the kindergarten program that is available to the child could provide the child with a “free and appropriate public education”; and

3. In the event that the parent disagrees with the decision of the individualized education program team and decides to use dispute resolution procedures, the standard for the review must be whether the individualized education program team decision “best meets the individual needs of the child”.

IX. INDIVIDUALIZED PLANS

1. Individualized Family Service Plans (IFSPs) for Children B-2 [20 USC 1436(a)(3),(b-e)]

A. Definition. A written individualized family service plan developed by a multidisciplinary team, including the parents, as required by subsection (E), including a description of the appropriate transition services for the infant or toddler.

B. Periodic Review. The individualized family service plan shall be evaluated

once a year and the family shall be provided a review of the plan at 6-month intervals (or more often where appropriate based on infant or toddler and family needs).

C. Promptness after Assessment. The individualized family service plan shall be developed within a reasonable time after the assessment required is completed. With the parents' consent, early intervention services may commence prior to the completion of the assessment.

D. Content of Plan.The individualized family service plan shall be in writing and contain--

(1) A statement of the infant's or toddler's present levels of physical development, cognitive development, communication development, social or emotional development, and adaptive development, based on objective criteria;

(2) A statement of the family's resources, priorities, and concerns relating to enhancing the development of the family's infant or toddler with a disability;

(3) A statement of the measurable results or outcomes expected to be achieved for the infant or toddler and the family, including pre-literacy and language skills, as developmentally appropriate for the child, and the criteria, procedures, and timelines used to determine the degree to which progress toward achieving the results or outcomes is being made and whether modifications or revisions of the results or outcomes or services are necessary;

(4) A statement of specific early intervention services based on peer-reviewed research, to the extent practicable, necessary to meet the unique needs of the infant or toddler and the family, including the frequency, intensity, and method of delivering services;

(5) A statement of the natural environments in which early intervention services will appropriately be provided, including a justification of the extent, if any, to which the services will not be provided in a natural environment;

(6) The projected dates for initiation of services and the anticipated length, duration, and frequency of the services;

(7) The identification of the service coordinator from the profession most immediately relevant to the infant's or toddler's or family's needs (or who is otherwise qualified to carry out all applicable responsibilities under this part) who will be responsible for the implementation of the plan and coordination with other agencies and persons, including transition services; and

(8) Transition from Part C services.

The IFSP must include the steps and services to be taken to support the smooth transition of the child, in accordance with §§ 303.209, from part C services to—

(i) Preschool services under part B of the Act, to the extent that those services are appropriate;

(ii) Other appropriate services. or

(b) The steps required in paragraph (8)(a) of this section must include—

(i) Discussions with, and training of, parents, as appropriate, regarding future placements and other matters related to the child’s transition;

(ii) Procedures to prepare the child for changes in service delivery, including steps to help the child adjust to, and function in, a new setting;

(iii) Confirmation that child find information about the child has been transmitted to the LEA or other relevant agency, in accordance with §303.209(b) (and any policy adopted by the State under §303.401(e)) and, with parental consent if required under §303.414, transmission of additional information needed by the LEA to ensure continuity of services from the part C program to the part B program, including a copy of the most recent evaluation and assessments of the child and the family and most recent IFSP developed in accordance with §§ 303.340 through 303.345; and

(iv) Identification of transition services and other activities that the IFSP Team determines are necessary to support the transition of the child.

E. Parental Consent. The contents of the individualized family service plan shall be fully explained to the parents and informed written consent from the parents shall be obtained prior to the provision of early intervention services described in such plan. If the parents do not provide consent with respect to a particular early intervention service, then only the early intervention services to which consent is obtained shall be provided. The Department of Education nor the regional CDS site may use the due process hearing procedures to challenge a parent’s refusal to provide any consent. [34CFR 303.420©]The Department of Education must make reasonable efforts to ensure assignment of a surrogate parent no more than 30 days after the Department determines that the child needs a surrogate parent. [34CFR 303.422(g)]

F. Copy of IFSP. The regional CDS site will provide at no cost to the parent, a copy of each evaluation, assessment of the child, family assessment, and IFSP as soon as possible after each IFSP meeting. [34CFR 303.409(c)]

G. Implementation of the plan. The early intervention services are to be provided as soon as possible after parental consent. [34CFR 303.342(e)]

2. IFSPs for Children 3-5

Federal statute permits the use of the IFSP to record the special education and related services provided under Part B for children 3-5 . In the case of a child with a disability aged 3 through 5 (or, at the discretion of the State educational agency, a 2-year-old child with a disability who will turn age 3 during the school year), the IEP Team must consider the individualized family service plan that contains the IFSP content (including the natural environments statement) described in 20 USC 1436 and its implementing regulations including an educational component that promotes school readiness and incorporates pre-literacy, language, and numeracy skills for children with IFSPs under this section who are at least three years of age, and that is developed in accordance with the IEP procedures. The individualized family service plan may serve as the IEP of the child, if using that plan as the IEP is consistent with State policy; and agreed to by the agency and the child’s parents. In implementing the requirements of this paragraph the SAU must provide to the child’s parents a detailed explanation of the differences between an IFSP and IEP, and if the parents choose an IFSP, obtain written, informed consent from the parents. [34 CFR 300.323(b)]

The utilization of the IFSP does not afford the child the option of continuing the Part C services. The option for the continuation of Part C services for children 3-5 is not available in Maine. Part C of the Act (IDEA) does not apply to any child with a disability receiving FAPE, in accordance with Part B of the Act, with funds under Section 619 of the Act. [34 CFR 300.818]

3. Individualized Education Programs (IEPs) for Children Three to Twenty-Two-[20 USC 1414(d)(1-4) excluding (d)(2)(B) covered above]

A. Definitions

(1) In general. The term “individualized education program” or “IEP” means a written statement for each child with a disability that is developed, reviewed, and revised in accordance with this section and that includes:

(a) A statement of the child's present levels of academic achievement and functional performance, including:

(i) How the child's disability affects the child's involvement and progress in the general education curriculum;

(ii) For preschool children, as appropriate, how the disability affects the child's participation in appropriate activities; and

(iii) For children with disabilities who take alternate assessments aligned to alternate academic achievement standards, a description of benchmarks or short-term objectives;

(b) A statement of measurable annual goals, including academic and functional goals, designed to:

(i) Meet the child's needs that result from the child's disability to enable the child to be involved in and make progress in the general education curriculum which must be for children 3-5 aligned with the Early Learning and Development Standards and for children 5-22 aligned with the system of Maine’s Learning Results, which may include a core of standards in English language arts and mathematics for kindergarten to grade 12 established in common with the other states ; and

(ii) Meet each of the child's other educational needs that result from the child's disability;

(iii) The IEP shall reflect the individual goals to successfully meet the content standards of the system of Maine’s Learning Results, which may include a core of standards in English language arts and mathematics for kindergarten to grade 12 established in common with the other states, in addition to any other diploma requirements applicable to all secondary school children pursuant to 20-A MRSA §4722.

(c) A description of how the child's progress toward meeting the annual goals described in (b) will be measured and when periodic reports on the progress the child is making toward meeting the annual goals (such as through the use of quarterly or other periodic reports, concurrent with the issuance of report cards) will be provided;

(d) A statement of the special education ( Section X of this rule ) and related services ( Section XI of this rule ) and supplementary aids and services, based on peer-reviewed research to the extent practicable, to be provided to the child, or on behalf of the child, and a statement of the program modifications or supports for school personnel that will be provided for the child:

(i) To advance appropriately toward attaining the annual goals;

(ii) To be involved in and make progress in the general education curriculum in accordance with (a) and to participate in extracurricular and other nonacademic activities; and

(iii) To be educated and participate with other children with disabilities and non-disabled children in the activities described in this subparagraph;

(e) An explanation of the extent, if any, to which the child will not participate with non-disabled children in the regular class and in the activities described in (d)(iii);

(f)

(i) A statement of any individual appropriate accommodations that are necessary to measure the academic achievement and functional performance of the child on State and district-wide assessments consistent with 20 USC 1412(a)(16)(A); and

(ii) If the IEP Team determines that the child shall take an alternate assessment on a particular State or district-wide assessment of student achievement, a statement of why--

( I) The child cannot participate in the regular assessment; and

(II) The particular alternate assessment selected is appropriate for the child;

(g) The projected date for the beginning of the services and modifications described in subclause (d), and the anticipated frequency, location, and duration of those services and modifications; and

(h) The IEP Team shall adopt a transition plan during the child’s 9^th grade school year, or the year in which the child turns 16 years of age (whichever comes first), to be updated annually thereafter, and it will include :

(i) Appropriate measurable postsecondary goals based upon age appropriate transition assessments related to training, education, employment, and, where appropriate, independent living skills;

(ii) The transition services (including courses of study, such as participation in advanced placement courses, a vocational education program, or adult education program, and instruction, related services, community experiences, the development of employment and post school adult living objectives and if appropriate, acquisition of daily living skills and the provisions of a functional vocational evaluation per 34 CFR 300.43 needed to assist the child in reaching those goals; and

(iii) Beginning not later than 1 year before the child reaches the age of eighteen a statement that the child has been informed of the child's rights under this title [IDEA], if any, that will transfer to the child on reaching eighteen years of age.

(2) Rule of Construction . Nothing in this section shall be construed to require:

(a) That additional information be included in a child's IEP beyond what is explicitly required in this section; and

(b) The IEP Team to include information under one component of a child's IEP that is already contained under another component of such IEP.

Nothing in this sub-section shall be construed to restrict the Department in providing interpretation and guidance on the proper implementation of this rule.

B. Requirement That Program Be in Effect

(1) General. At the beginning of each school year, each SAU must have in effect, for each child with a disability in the agency's jurisdiction, an individualized education program, as defined in paragraph (3)(A). [34 CFR 300.323(a)]

(2) Initial IEPs; Provision of Services. Each SAU must ensure that

(a) A meeting to develop an IEP for a child is conducted within 30 days of a determination that the child needs special education and related services; and

(b) As soon as possible following development of the IEP, special education and related services are made available to the child in accordance with the child’s IEP. [34 CFR 300.323(c)]

(3) Implementation of the Individualized Education Program

Each school administrative unit shall implement a child with a disability's Individualized Education Program as soon as possible following the IEP Meeting but no later than 30 days after the IEP Team's initial identification of the child as a child with a disability in need of special education and supportive services. All identified children with disabilities shall have a current Individualized Education Program in effect at the start of each school year.

If a school unit is unable to hire or contract with the professional staff necessary to implement a child’s Individualized Education Program, the SAU shall reconvene an IEP Team to identify alternative service options. This IEP Meeting shall occur no later than 30 days after the start of the school year or the date of the IEP Team's development of the IEP. The IEP Team shall determine any amendments to the IEP necessary to reflect the inability to commence services as originally anticipated by the IEP Team.

(4) Accessibility of child’s IEP to teachers and others. Each SAU must ensure that

(a) The child’s IEP is accessible to each regular education teacher, special education teacher, related services provider, and any other service provider who is responsible for its implementation; and

(b) Each teacher and provider described in paragraph (3)(a) of this section is informed of

(i) His or her specific responsibilities related to implementing the child’s IEP; and

(ii) The specific accommodations, modifications, and supports that must be provided for the child in accordance with the IEP. [34 CFR 300.323(d)]

(5) Program for Children Who Transfer School Districts.--

(a) In general

(i) IEPs for Children Who Transfer SAUs in the Same State .— If a child with a disability(who had an IEP that was in effect in a previous SAU in the same State) transfers to a new SAU in the same State, and enrolls in a new school within the same school year, the new SAU (in consultation with the parents) must provide FAPE to the child (including services comparable to those described in the child’s IEP from the previous SAU), until the new SAU either adopts the child’s IEP from the previous SAU; or develops, adopts, and implements a new IEP that meets the applicable requirements in 300.320 through 300.324. [34 CFR 300.323(e)]

(ii) IEPs for Children Who Transfer from Another State. – If a child with a disability (who had an IEP that was in effect in a previous SAU in another State) transfers to a SAU in a new State, and enrolls in a new school within the same year, the new SAU (in consultation with the parents) must provide the child with FAPE (including services comparable to those described in the child’s IEP from the previous SAU), until the new SAU

(I) Conducts an evaluation pursuant to 34 CFR 300.304 through 300.306 (if determined to be necessary by the new SAU); and

(II) Develops, adopts, and implements a new IEP, if appropriate, that meets the applicable requirements in 34 CFR 300.320 through 300.324. [34 CFR 300.323(f)]

(b) Transmittal of records .-- To facilitate the transition for a child described in clause (a):

(i) The new SAU in which the child enrolls must take reasonable steps to promptly obtain the child's records, including the IEP and supporting documents and any other records relating to the provision of special education or related services to the child, from the previous SAU in which the child was enrolled, pursuant to section 99.31(a)(2) of title 34, Code of Federal Regulations; and

(ii) The previous SAU in which the child was enrolled shall take reasonable steps to promptly respond to such request from the new SAU. [34 CFR 300.323(g)] Education records must follow students who transfer to a school in another school administrative unit in the State. The education records of students who transfer from educational programs or schools for juveniles located in or operated by correctional facilities or out of state schools are also subject to this requirement. [20-A MRSA §6001-B(1)]

C. Development of IEP

(1) In general.--In developing each child's IEP, the IEP Team, subject to subparagraph (3), must consider:

(a) The strengths of the child;

(b) The concerns of the parents for enhancing the education of their child;

(c) The results of the initial evaluation or most recent evaluation of the child; and

(d) The academic, developmental, and functional needs of the child.

Consideration of Special Factors.--The IEP Team shall:

(a) In the case of a child whose behavior impedes the child's learning or that of others, consider the use of positive behavioral interventions and supports, and other strategies, to address that behavior;

(b) In the case of a child with limited English proficiency, consider the language needs of the child as such needs relate to the child's IEP;

(c) In the case of a child who is blind or visually impaired, provide for instruction in Braille and the use of Braille unless the IEP Team determines, after an evaluation of the child's reading and writing skills, needs, and appropriate reading and writing media (including an evaluation of the child's future needs for instruction in Braille or the use of Braille), that instruction in Braille or the use of Braille is not appropriate for the child;

(d) Consider the communication needs of the child, and in the case of a child who is deaf or hard of hearing, consider the child's language and communication needs, opportunities for direct communications with peers and professional personnel in the child's language and communication mode, academic level, and full range of needs, including opportunities for direct instruction in the child's language and communication mode; and

(e) Consider whether the child needs assistive technology devices and services.

(3) Requirement with Respect to Regular Education Teacher.--A regular education teacher of the child, as a member of the IEP Team, shall, to the extent appropriate, participate in the development of the IEP of the child, including the determination of appropriate positive behavioral interventions and supports, and

other strategies, and the determination of supplementary aids and services, program modifications, and support for school personnel consistent with Section IX(3)(A)(1)(d)of this rule.

(4) Agreement. In making changes to a child’s IEP after the annual IEP meeting for a school year, the parent of a child with a disability and the SAU may agree not to convene an IEP meeting for the purposes of making such changes, and instead may develop a written document to amend or modify the child’s current IEP. If changes are made to the child’s IEP in accordance with 34 CFR 300.324(a)(4)(i) the SAU must ensure the child’s IEP Team is informed of these changes [34 CFR 300.324(a)(4)] and the parent is provided prior written notice in accordance with 34 CFR 300.503.

(5) Consolidation of IEP Team Meetings.--To the extent possible, the local educational agency shall encourage the consolidation of reevaluation meetings for the child and other IEP Team meetings for the child.

(6) Amendments.--Changes to the IEP may be made either by the entire IEP Team or, as provided in (4) above, by amending the IEP rather than by redrafting the entire IEP. Upon request, a parent shall be provided with a revised copy of the IEP with the amendments incorporated. [34 CFR 300.324(a)(1-6)]

D. Review and revision of IEP

(1) In general.--The SAU shall ensure that, subject to C.2 above, the IEP Team:

(a) Reviews the child's IEP periodically, but not less frequently than annually, to determine whether the annual goals for the child are being achieved; and

(b) Revises the IEP consistent with C above (Development of IEP) as appropriate to address

(i) Any lack of expected progress toward the annual goals and in the general education curriculum, where appropriate;

(ii) The results of any reevaluation conducted under this section;

(iii) Information about the child provided to, or by, the parents, as described in 20 USC 1414(c)(1)(B);

(iv) The child's anticipated needs; or

(v) Other matters. [34 CFR 300.324(b)(1)]

(c) Consideration of Special Factors. In conducting a review of the child’s IEP, the IEP Team must consider the special factors described in C.2 of this section. [34 CFR 300.324(b)(2)]

(d) Requirement with Respect to Regular Education Teacher. A regular education teacher of the child, as a member of the IEP Team, must, consistent with paragraph(C)(3) of this section, participate in the review and revision of the IEP of the child. [34 CFR 300.324(b)(3)]

E. Failure of Transition Objectives

(1) Participating Agency Failure. If a participating agency other than the SAU, fails to provide the transition services described in the IEP in accordance with 34 CFR 300.320(b), the SAU must reconvene the IEP Team to identify alternative strategies to meet the transition objectives for the child set out in the IEP.

(2) Construction. Nothing in this part relieves any participating agency, including a State vocational rehabilitation agency, of the responsibility to provide or pay for any transition service that the agency would otherwise provide to children with disabilities who meet the eligibility criteria of that agency. [34 CFR 300.324(c)]

F. Children with Disabilities in Adult Prisons

(1) Requirements that do not apply. The following requirements do not apply to children with disabilities who are convicted as adults under State law and incarcerated in adult prisons:

(a) The requirements contained in section 14612(a)(16) of the Act and 34 CFR 300.320(a)(6) (relating to participation of children with disabilities in general assessments).

(b) The requirements in 34 CFR 300.320(b) (relating to transition planning and transition services) do not apply with respect to the children whose eligibility under part B of the Act will end, because of their age, before they will be eligible to be released from prison based on consideration of their sentence and eligibility for early release.

(2) Modifications of IEP or Placement

(a) Subject to paragraph (F)(2)(b) of this section, the IEP Team of a child with a disability who is convicted as an adult under State law and incarcerated in an adult prison may modify the child’s IEP or placement if the State has demonstrated a bona fide security or compelling penological interest that cannot otherwise be accommodated.

(b) The requirements of 34 CFR 300.320 (relating to IEPs), and 34 CFR 300.112 (relating to LRE), do not apply with respect to the modifications described in paragraph D(2)(b) of this section. [34 CFR 300.324(d)]

G. Copy of IEP to Parents. A complete copy of the Individualized Education Program shall be provided to the parent within 21 school days of the IEP Meeting at which the IEP was developed.

H . IEP Requirements in Out-of-Unit Placements.--Before an IEP Team decides to place a child with a disability in an out-of-unit placement, it shall initiate and convene an IEP meeting to develop an Individualized Education Program for the child. The IEP developed will reflect the Team’s program design to meet the child’s needs and will include goals for the child’s growth in the areas of concern. The IEP Team shall discuss and document the program components of a placement that will support the IEP developed at this meeting. If the placement is known, a representative of the placement shall be involved in this meeting. If a representative cannot attend the meeting, the IEP Team shall attempt to use other methods, such as individual or conference telephone calls, to ensure participation by the receiving placement. If the placement is not known, another IEP Team Meeting shall be held to discuss the child’s program at the new placement, including the representative of the private school or facility. If the representative cannot attend, the SAU must use other methods to ensure participation by the private school or facility, including individual or conference calls pursuant to 34 CFR 300.325(a)(2).

The SAU will locate a facility and finalize the child’s placement. Any appropriate out-of-unit placements shall be as close to the child's home as possible.

The IEP Team will reconvene 30 days subsequent to placement to review the IEP and make any revisions required. In the interim, the IEP that has been developed for a child’s current setting shall be utilized while the proposed placement is located and finalized.

I. Revision of Out-of-Unit IEPs. The sending SAU has the administrative responsibility for the education of a child with a disability who has been placed in an out-of-unit placement. The receiving (out of unit) placement is the placement that has accepted the tuition placement of a child with a disability.

The sending SAU is responsible for:

(1) Initiating the 30 day IEP review meeting and any other reviews recommended;

(2) Initiating the required annual review of the child's IEP and placement;

(3) Revising the child's Individualized Education Program as a result of any meetings;

(4) Ensuring the completion of any required re-evaluations of a child,

(5) Participating in any meetings related to proposed changes in the child's Individualized Education Program;

(6) Ensuring the parent's involvement in the meetings;

Providing prior written notice as defined in Section XV of this rule; and

Ensuring compliance with this rule.

The sending SAU shall schedule IEP meetings at a mutually convenient time for all parties and shall notify the receiving placement and the parents of the meeting, as described and defined in Section VI.2.(A) of this rule. A copy of each such notification shall also be sent by the sending SAU to the receiving placement.

The receiving placement is responsible for:

(1) Providing representative attendance at the initial IEP Team Meeting when requested by the sending SAU;

(2) Providing representative attendance at the 30 day IEP review meeting;

(3) Providing representative attendance at the annual review and at any other meetings when the receiving placement or the sending SAU propose to revise a child's Individualized Education Program;

(4) Implementing a child’s Individual Education Program, which shall not be amended without an IEP Team meeting or the consent of the sending SAU and the parent (where applicable);

(5) Providing to the sending SAU access to all the child’s educational records relating to the placement;

(6) Providing to the sending SAU progress reports at least as often as the sending SAU issues progress reports for its in-district students; and

(7) Ensuring compliance with these rules and the Individuals with Disabilities Education Act.

X. EARLY INTERVENTION /SPECIAL EDUCATION SERVICES AND SETTINGS

1. Early Intervention Services, including Special Instruction in Natural Environments Birth-2

"Early intervention services" means developmental services that: are provided under public supervision; are provided at no cost except where federal or state law provides for a system of payments by families, including a schedule of sliding fees; are designed to meet the developmental needs of an infant or toddler with a disability, as identified by the individualized family service plan team in one or more of the following areas,: physical development, cognitive development, communication development, social or emotional development or adaptive development; meet the standards of the state in which the services are provided; are provided by qualified personnel; to the maximum extent appropriate, are provided in natural environments, including the home, and community settings in which children without disabilities participate; and are provided in conformity with an individualized family service plan. [20 USC 1432(4)] Appropriate early intervention services must be based upon scientifically-based research.

Early intervention services are built upon the principles and procedures of evidence-based practice. These family-centered practices are based on the outcome of well-controlled, replicable experience and client values. Child Development Services utilizes a Primary Service Provider (PSP) model to provide services in the child’s natural environment, through parent coaching, to improve the child’s functioning in daily routines and activities. The PSP provides support, information and resources to assist family members and caregivers in the facilitation of the child’s learning and development within the context of everyday routines and activities.

A. Natural Environment for Children Birth to 2. The primary role of a PSP in early intervention is to work with and support family members and caregivers in building their capacity to meet the needs of the child within the context of the child’s natural environment.

To the maximum extent appropriate, early intervention services are provided in natural environments, including the home and community settings in which children without disabilities participate and are provided in conformity with an Individualized Family Service Plan (IFSP). [20 USC 1432(a)(4)(G,H)]

Consideration for a service to be provided outside of the child’s natural environment occurs when the child’s outcomes cannot be met or if progress is not being adequately made in the natural environment. If the IFSP team determines that services must be provided outside of the natural environment, a justification must be provided in the IFSP. If it is determined that early intervention services are to be provided outside of the natural environment, the IFSP team must continue to discuss placement and return services to the natural environment when it is determined to be appropriate.

B. Evidence Based Early Intervention Practices. For children B-2, the preferred model of service delivery is the provision of services that are embedded in everyday routines and activities by a PSP in the child’s natural environment. This PSP will be selected from, and is supported by, a multidisciplinary team of professionals including, but not limited to, a B-2 service coordinator, an early childhood special educator/early intervention specialist, an occupational therapist, a physical therapist, and a speech-language pathologist, and/or other qualified professionals as determined by the IFSP Team, which includes the parent(s). The PSP for each family and the child will be determined by the child’s IFSP team based upon the family’s desired outcomes and the knowledge/expertise of the PSP. The PSP will work with and support the family/ caregivers to promote progress toward the IFSP outcomes.

(1) Special Instruction, Birth – 2.Special instruction includes the design of learning environments and activities that promote the child’s acquisition of skills in a variety of developmental areas, including cognitive processes and social interaction; curriculum planning, including the planned interaction of personnel, materials, and time and space, that leads to achieving the outcomes in the child’s individualized family service plan; providing families with information, skills, and support related to enhancing the skill development of the child; and working with the child to enhance the child’s development. [34 CFR 303.13(a)(14)].

(2) Early Intervention Team Consultation Services. Consultation services may be provided by team members or other qualified professionals to the PSP or family members in team meetings and in the natural environment to PSP, families, and caregivers or teachers of children B-2 for the purpose of assisting in the modification and/or adaptation of their daily routines and activities in order to enable the child to appropriately advance toward achieving the outcomes set forth on the IFSP. Consultation services shall be provided by an appropriately qualified early intervention professional employed or contracted by an SAU.

(3) Duration of Services. The IFSP for a child B-2 is to be written on the basis of a twelve month program year, unless the IFSP Team recommends that the duration of services be less than twelve months, based on the individual needs of the child.

(4) Qualified Staff. Special Instruction and/or early intervention services provided to a child with a disability shall be considered as a part of the child's early intervention program, shall be specified in the child's IFSP and shall be provided by appropriately qualified education personnel, or qualified contractors. An educational technician III approved by the Office of Certification of the Department may provide special instruction when supervised by the certified special education teacher responsible for the program.

(5) Supervision of Educational Technicians. Supervision of educational technicians shall be as required by Maine Department of Education Regulations Chapter 115.

EDUCATIONAL TECHNICIAN

Permitted Responsibilities

Required Supervision

I

Review and reinforce learning previously introduced by the classroom teacher or appropriate content specialist, or assist in drill or practice activities;

Perform non-instructional, non-evaluative functions;

Assist in the preparation of instructional materials; and

(d) Provide classroom management

functions.

(a) Be assigned instructional duties that are directly supervised by the classroom teacher or appropriate content specialist in the classroom; or

(b) Serve under general administrative supervision when performing non-instructional student-related duties.

II

(a) Perform all of the duties of an Educational Technician I; and

(b) Introduce new learning preplanned in collaboration with the classroom teacher or appropriate content specialist.

(a) Meet with the classroom/program teacher or appropriate content specialist and receive direction on a regular basis, whenever possible on a daily basis;

(b) Perform short-term instruction in small groups under the direct supervision of the teacher or appropriate content specialist in the classroom; or

(c) Conduct one-on-one or small group instruction with indirect supervision.

III

(a) Perform all of the duties of an Educational Technician I or II;

(b) Introduce new learning preplanned in consultation with the classroom teacher or appropriate content specialist; and

(c) Supervise small groups of students in community-based programs.

(a) Meet with the classroom/program teacher or appropriate content area specialist and receive direction, whenever possible on a twice weekly basis; or

(b) Perform short-term instruction in small classes or in community-based programs with indirect supervision.

An Educational Technician I, II, or III may not work with more than five children at any one time.

2. Special Education in the Least Restrictive Environment for Children Three to Twenty-Two

A. Types of Special Education

(1) Consultation Services. Consultation as a special education service may be provided to general education teachers of children with disabilities by special education teachers or speech/language clinicians or pathologists to assist them in modifying and/or adapting their general education curriculum to enable children to appropriately progress in the general curriculum and to appropriately advance toward achieving the goals set out in their IFSP/IEP. Consultation services shall be provided by an appropriately qualified special education professional employed or contracted by an SAU.

When a special education teacher is responsible for case management, the case management caseload permitted shall be no greater than 35 students for each full-time equivalent special education teacher. The caseload limits apply to the number of children for whom a special education teacher carries the responsibility for case management.

When a speech/language clinician or pathologist responsible for case management and specially designed instruction also provides regularly scheduled consultation services, the caseload permitted shall be no greater than 50 children for each full-time equivalent speech-language pathologist or speech clinician.

Consultation may be provided to special educators by related service personnel or education consultants.

(2) Specially Designed Instruction. Specially designed instruction means adapting, as appropriate to the needs of an eligible child under Part B of IDEA, the content, methodology, or delivery of instruction to address the unique needs of the child that results from the child’s disability, and to ensure access to the general curriculum, so that the child can meet the educational standards within the jurisdiction of the SAU that apply to all children [34 CFR 300.39(b)(3)]. Specially designed instruction is instruction provided to children ages three to twenty-two by an appropriately qualified special education professional or an appropriately authorized and supervised educational technician consistent with a child’s IEP. The design and delivery of services is uniquely designed to assist children to meet the goals of the child’s IEP.

This includes (for children 3-5):

** Embedding a child’s goals into developmentally appropriate activities or into the general education curriculum.*

** Designing learning environments and activities that promote the child’s acquisition of skills in a variety of developmental areas, as well as generalization of those skills across a variety of environments, and:*

** Planning curriculum/treatment, including the planned interaction of personnel, materials, and time and space, that leads to achieving the goals in the child’s IEP, and the ongoing assessment of progress through the* recording of the child’s measured performance over time (data collection).

(a) Frequency and Intensity (For Children 3-5)

For purposes of compliance with this rule, the appropriate frequency and intensity of center-based specially designed instruction for any child 3-5 eligible for such instruction is presumed to be as follows:

No more than six (6) hours per week for children two (2) years prior to kindergarten; and no more than nine (9) hours per week for children one (1) year prior to kindergarten. In addition, the appropriate duration of center-based specially designed instruction for children age 3-5 is presumed to be no longer than the duration of the public school year.

For purposes of compliance with this rule, the appropriate frequency and intensity of home-based specially designed instruction for any eligible child is presumed to be no more than five (5) hours per week for children 3-5.

In making recommendations for specially designed instruction the IEP Team must consider the amount of time recommended for other services for the child, and the goals relative to those other services, in order to avoid duplication.

The presumption of the appropriate frequency, intensity or duration of specially designed instruction may be rebutted, in the case of any individual child, by an IEP Team decision based on consideration of the following:

(i) An evaluation by an SAU’s qualified evaluator who is not the child’s provider of specially designed instruction that includes a recommendation of a greater frequency, intensity or duration of special instruction; and

(ii) Documentation, in the child’s IEP, of the modifications and supports that have been tried or considered in the specially designed instruction program of the frequency, intensity or duration considered typical for the age of the child and rejected as inappropriate, and why. The required documentation will include consideration of the child’s progress toward the successful completion of goals based on the child’s present level of educational performance, and included in the child’s IEP.

(b) Program Teacher: Child Ratio

Ages 3-5 1:1 to 1:4 Self Contained

1:1 to 1:12 Inclusive Placement

(3) Speech and Language Services. Speech and Language services are provided by a Speech-Language pathologist licensed by the Maine Board of Speech, Audiology and Hearing, or speech and language clinician certified by the Department when recommended by the IEP Team and included in the student's Individualized Education Program. The maximum child-therapist caseload, including case management, consultation, and direct services, shall not exceed 50 for each full-time equivalent speech-language pathologist or speech and language clinician.

A certified speech and language clinician may provide speech and language services if employed by a school administrative unit. A certified speech and language clinician shall also be licensed by the Maine Board of Speech, Audiology and Hearing in order to provide contracted speech and language services (See Section XVIII.(1)(C)of this rule).

A speech-language pathology aide or assistant registered with the Board of Speech, Audiology and Hearing may provide speech and language services under the supervision of a licensed speech-language pathologist as required by 32 MRSA Chapter 77 and accompanying regulations relating to the practice of speech-language pathology.

(4) Tutorial Instruction. The IEP Team may consider tutorial instruction as a component of a child’s program while assuring consistency with the federal requirements of least restrictive environment. Tutorial instruction may occur in school, during or outside of school hours, off site in a neutral setting, in an interim alternative education setting, in the child’s home, or in a hospital setting. The IEP must be revised to add tutorial instruction. The IEP Team shall consider the requirements of VI.2.L Abbreviated school day and Section XVII. Discipline of Children with Disabilities in this regulation. Tutorial instruction is to be used in conjunction with abbreviated school day (Section VI.2.L) or Discipline of Children with Disabilities (Section XVII.) , but in no other circumstances.

Any tutorial instruction offered to a child with a disability shall be provided by an appropriately certified special education teacher, by a certified regular education teacher, or by an educational technician III.

There is no minimum or maximum number of hours a day that must be provided, rather this determination will be made by the IEP Team based on the child’s individual educational needs. Receipt of tutorial instruction does not preclude a child’s participation in other school administrative unit activities and programs. Tutorial instruction may not be used in lieu of specialized instruction.

(5) Qualified Staff. Special education and/or related services provided to a child with a disability shall be considered as a part of the child's special education program, shall be specified in the child's IFSP/IEP and shall be provided by appropriately certified education personnel, or licensed contractors. An Educational Technician approved by the Office of Certification of the Department may provide special education services when

supervised in accordance with requirements of Chapter 115.See Section XVIII(1)(C) of this rule for costs of qualified personnel.

If a school administrative unit is unable to hire qualified staff for the provision of related services, the unit shall make an ongoing, good faith effort to recruit and hire appropriately and adequately trained personnel to provide related services to children with disabilities. In a geographic area of the State where there is a shortage of qualified personnel who meet the requirements of this section, the unit may hire the most qualified individuals available who are making satisfactory progress toward completing, within three years, the applicable course work necessary to meet the licensing standards described in Chapter 115.

(6) Teacher of record. The teacher of record, who is also the highly qualified teacher in a specific content area, provides the student grade for specialized instruction.

Federal Requirement

How Maine Meets the Requirement

• All special education teachers must hold at least a bachelor’s degree and must obtain full State special education certification or equivalent licensure.

• All special education teachers must hold at least a bachelor’s degree and must obtain full State special education certification or equivalent licensure, which requires passing the Special Education PRAXIS II exam

• Special education teachers who teach only core subjects exclusively to the most severely disabled children and those who teach more than one core subject who meet the IDEA criteria are considered as meeting ESEA.

• All special education teachers must hold at least a bachelor’s degree and must obtain full State special education certification or equivalent licensure, which requires passing the Special Education PRAXIS II exam.

• New and veteran teachers who teach core subjects exclusively to children with disabilities who are assessed against alternative achievement standards are considered highly qualified by meeting ESEA standards.

• New and veteran teachers who teach core subjects exclusively to children with disabilities who are assessed against alternative achievement standards are considered highly qualified by meeting Maine Highly Qualified standards (see previous answers) for the level of the standards at which their students are assessed.

• New and veteran teachers may use HOUSSE in limited cases.

• Per USDE 2006 guidance, HOUSSE may only be used for: teachers hired after the end of the 2005-06 school year, in these cases:

• secondary school teachers teaching multiple subjects in eligible rural schools (who, if highly qualified in at least one subject at the time of hire, may use HOUSSE to demonstrate competence in additional subjects within three years); and

• special education teachers (who, if they are new to the profession or new assignment and highly qualified in language arts, mathematics, or science at the time of hire) to demonstrate competence in additional subjects within two years; and.

• Teachers who come to the United States from other countries to teach on a temporary basis.

• Teachers at middle and high school must demonstrate subject matter knowledge appropriate to the level of instruction as determined by the State.

Teachers at middle and high school must demonstrate subject matter knowledge appropriate to the level of instruction by:

• Having a major in the subject matter; or - Having coursework equivalent to a major in the subject matter (24 semester hours); or - Having an advanced degree in the subject matter; or - Being National Board certified in the subject matter; or - Having a passing score on a subject matter test (PRAXIS II) or - Achieving the Maine HOUSSE standards in the limited cases in the bullets in the box above.

• New and veteran teachers who teach two or more core subjects exclusively to children with disabilities qualify by meeting core requirements of each subject.

• New and veteran teachers who teach core subjects exclusively to children with disabilities, who are assessed against alternative achievement standards, are considered highly qualified by meeting Maine “Highly Qualified” standards (see previous answers) for the level of the standards their students are assessed.

• Veteran teachers teaching two or more core subjects may qualify with the Maine HOUSSE standard in limited cases (with a single evaluation of multiple subjects).

• HOUSSE may only be used, for teachers hired after the end of the 2005-06 school year, in these cases:

• secondary school teachers teaching multiple subjects in eligible rural schools (who, if highly qualified in at least one subject at the time of hire, may use HOUSSE to demonstrate competence in additional subjects within three years), and

• special education teachers (who, if they are new to the profession and highly qualified in language arts, mathematics, or science at the time of hire) may use HOUSSE to demonstrate competence in additional subjects within two years.

• Newly hired special education teachers teaching two or more core subjects who are already highly qualified in mathematics, language arts, or science have two (2) years from date of employment to meet highly qualified status in other core areas.

• Newly hired special education teachers teaching two or more core subjects who are already highly qualified in mathematics, language arts, or science have two (2) years from date of employment to meet “highly qualified” status in other core areas.

• Consultative teachers who do not provide direct instruction in a core subject need a bachelor’s degree and must be fully certified.

Consultative teachers who do not provide direct instruction in a core subject need a bachelor’s degree and must be fully certified

NOTE: The requirements in this section [regarding highly qualified teachers] do not apply to teachers hired by private elementary schools and secondary schools including private school teachers hired or contracted by SAUs to provide equitable services to parentally placed private school children with disabilities under 34 CFR 300.138 [34 CFR 300.18(h)]

NOTE: The teachers of children who are publicly placed in private schools shall meet the program approval standards in 20-A MRSA §7204(4) and in Section XII of this rule.

(6) Supervision of Educational Technicians. Supervision of educational technicians shall be as required by Maine Department of Education Regulations Chapter 115 with the following exception:

EDUCATIONAL TECHNICIAN

Permitted Responsibilities

Required Supervision

I

(a) Review and reinforce learning previously introduced by the classroom teacher or appropriate content specialist, or assist in drill or practice activities;

(b) Perform non-instructional, non-evaluative functions;

(c) Assist in the preparation of instructional materials; and

(d) Provide classroom management

functions.

(a) Be assigned instructional duties that are directly supervised by the classroom teacher or appropriate content specialist in the classroom; or

(b) Serve under general administrative supervision when performing non-instructional student-related duties.

II

(a) Perform all of the duties of an Educational Technician I; and

(b) Introduce new learning preplanned in collaboration with the classroom teacher or appropriate content specialist.

(a) Meet with the classroom/program teacher or appropriate content specialist and receive direction on a regular basis, whenever possible on a daily basis;

(b) Perform short-term instruction in small groups under the direct supervision of the teacher or appropriate content specialist in the classroom; or

(c) Conduct one-on-one or small group instruction with indirect supervision.

III

(a) Perform all of the duties of an Educational Technician I or II;

(b) Introduce new learning preplanned in consultation with the classroom teacher or appropriate content specialist; and

(c) Supervise small groups of students in community-based programs.

(a) Meet with the classroom/program teacher or appropriate content area specialist and receive direction, whenever possible on a twice weekly basis; or

(b) Perform short-term instruction in small classes or in community-based programs with indirect supervision.

An Educational Technician I, II, or III may not work with more than five children at any one time.

(7) Extended School Year Services: Extended school year (ESY) means special education and related services that are provided to a child age three to twenty-two with a disability beyond the normal school year in any SAU or special purpose program ; provided in accordance with the child’s IEP at no cost to the parents and they meet the standards set forth in this rule. ESY services must be provided only if a child’s IEP Team determines, on an individual basis, in accordance with §§300.320 through 300.324 and IX.3 of this rule, that the services are necessary for the provision of FAPE to the child. In implementing the requirements of this section, SAUsmay not limit extended school year (ESY) services to particular categories of disability, or unilaterally limit the type, amount, or duration of those services. [34 CFR 300.106]

The need for the particular services is demonstrated by means of:

(a) A review by the child’s IEP Team of relevant information including, but not limited to, progress reports and relevant assessments, parent report, observations or documentation;

(b) Consideration by the child’s IEP Team of the significance of the child’s disability, progress toward IEP goals; and

(c) Consideration of the impact of previous service interruptions, if applicable, and the probability that the child is unable to recoup, in a reasonable amount of time, skills previously mastered.

The Individualized Educational Program Team makes a determination about extended school year services at every Individualized Educational Program Team meeting for young children 3-5 in the Child Development Services System.

B. Least Restrictive Educational Environment for Children with Disabilities Three to Twenty-Two

To the maximum extent appropriate, children with disabilities, including children in public or private institutions or other care facilities, shall be educated with children who are not disabled, and special classes, separate schooling, or other removal of students with disabilities from the regular educational environment shall occur only when the nature or severity of the disability of a child is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily. [20 USC 1412(a)(5) and 34 CFR 300.114]

Each SAU must ensure that a continuum of alternate placements is available to meet the needs of children with disabilities for special education and related services. The continuum required must include the alternative placements in the definition of special education under 34 CFR 300.39 (instruction in regular classes, special classes, special schools, home instruction, and instruction in hospitals and institutions); and make provision for supplementary services (such as resource room or itinerant instruction) to be provided in conjunction with the regular class placement. [34 CFR 300.115] Comparable facilities – facilities in which special education services are provided to children with disabilities shall be comparable to those in which regular education is provided to children and located in chronologically age appropriate settings. Self-contained classrooms shall be limited to serving children within a five year chronological age span.

In determining the educational placement of a child with a disability, including a preschool child with a disability, each SAU must ensure that:

the placement decision is made by a group of persons, including the parents, and other persons knowledgeable about the child and , the placement options; and is made in conformity with the LRE provisions of this rule;

The child’s placement is determined at least annually; is based on the child’s IEP, and is as close as possible to the child’s home;

Unless the IEP of a child with a disability requires some other arrangement, the child is educated in the school that he or she would attend if non-disabled;

In selecting the LRE, consideration is given to any harmful effect on the child or on the quality of services that he or she needs; and

A child with a disability is not removed from education in age-appropriate regular classrooms solely because of needed modifications in the general education curriculum. [34 CFR 300.116]

C. Program Settings

(1) For Children 3-5

(a) Early Childhood Program A program that includes at least 50% non-disabled children. Early childhood programs include, but are not limited to:

Headstart;

Kindergarten;

Reverse Mainstream;

Private preschools;

Preschool classes offered to an eligible pre-kindergarten population by the public school system;

Group child care.

(b) Special Education Program. A program that includes less than 50% non-disabled children. Special education programs include, but are not limited to special education and related services provided in:

Special education classrooms;

Regular school buildings

Trailers or portables outside regular school buildings

Child care facilities

Hospital facilities on an outpatient basis

Other community based settings

Separate schools; and

Residential facilities.

(c) Home – the principal residence of the child’s family or caregivers.

(d) Service provider location, such as private clinicians’ offices, clinicians’ offices located in school building, hospital facilities on an outpatient basis, and libraries and other public locations.

(2) For Children age Five to Twenty-Two

(a) Special Education outside the regular classroom less than 21 percent of the day. This may include children with disabilities placed in:

Regular class with special education/related services provided within regular classes;

Regular class with special education/related services provided outside regular classes; or

Regular class with special education services provided in resource rooms.

Special education inside the regular class no more than 79 percent of the day and no less than 40 percent of the day. This may include children with disabilities placed in:

• Resource rooms with special education/related services provided within the resource room; or
• Resource rooms with part-time instruction in a regular class.

(c)Special education inside the regular class for less than 40 percent of the day. This may include children with disabilities placed in:

Self-contained special classrooms with part-time instruction in a regular class; or

Self-contained special classrooms with full time special education instruction on a regular school campus.

The following child-teacher ratios shall not be exceeded for self-contained services from a special education teacher (educational technician) for a full school day. The figures in parentheses represent the number of additional children who may be provided self-contained services during the time that one or more educational technicians work under the supervision of the certified special education teacher responsible for the program.

Staff: Child Ratios:

Ages 5-9 6:1 (5)

Ages 10-14 8:1 (5)

Ages 15-22 10:1 (5)

Classes for children with a severe to profound degree of impairment shall be staffed with a minimum of two (2) providers (i.e., one teacher and one educational technician) at all times to ensure the safety and well-being of the students.

(d) Separate School-Special Education outside public or private school for greater than 50 percent of the school day.This may include children with disabilities placed in:

Public or private day schools for children with disabilities;

Public or private day schools for students with disabilities for a portion of the school day (greater than 50 percent ) and in regular school buildings for the remainder of the school day; or

Public or private residential facilities if the student does not live in the facility.

(e) Public or private Residential Facility-Special education outside public school for more than 50 percent of the school day. This may include children with disabilities placed in:

Public or private residential schools for children with disabilities; or

Public or private residential schools for children with disabilities for a portion of the school day (greater than 50 percent) and in separate day schools or regular school buildings for the remainder of the school day.

This does not include children who receive education programs at the facility but do not live there.

(f) Homebound/Hospital-Special education outside public school in hospital/homebound environment. This may include children with disabilities placed in:

Hospital programs; or

Homebound programs.

This does not include children with disabilities whose parents have opted to home-school them and who receive special education at public expense. Home-schooled children should be reported in one of the regular class categories according to the amount of time the youth spends in separate special education environments (e.g. resource rooms, self-contained special education classrooms, separate schools)

Correctional facility. Children and youth receiving special education in:

• Short term detention facilities (community-based or residential); or
• Correctional facilities.

(h) Parentally placed in private schools. Children with disabilities who have been enrolled by their parents or guardians in regular parochial or other private schools and whose basic education is paid through private resources, and who receive special education and related services at public expense from a local educational agency or intermediate educational unit.

XI. EARLY INTERVENTION SERVICES FOR YOUNG CHILDREN B-2 AND RELATED SERVICES FOR CHILDREN THREE TO TWENTY-TWO

General Principles: Need for Early Intervention Services

"Early intervention services" means developmental services that are provided under public supervision; are provided at no cost except where federal or state law provides for a system of payments by families, including a schedule of sliding fees; are designed to meet the developmental needs of an infant or toddler with a disability, as identified by the individualized family service plan team in one or more of the following areas, physical development, cognitive development, communication development, social or emotional development or adaptive development; meet the standards of the state in which the services are provided; are provided by qualified personnel; to the maximum extent appropriate, are provided in natural environments, including the home, and community settings in which children without disabilities participate; and are provided in conformity with an individualized family service plan. [20 USC 1432(4)]

Appropriate early intervention services must be based upon scientifically based research.

“ Related Services ” means special education transportation, and such developmental, corrective, and other related services pursuant to the federal Individuals with Disabilities Education Act, 20 United States Code, Section 1401 (26) and, as defined by the Commissioner, as required to assist children with disabilities to benefit from special education. The term related services does not include a medical device that is surgically implanted, or the replacement of such device. [20 USC 1401(26)]

Related services does not include a medical device that is surgically implanted, the optimization of that device’s functioning (e.g., mapping), maintenance of that device, or the replacement of that device. Nothing in the prior paragraph limits the right of a child with a surgically implanted device to receive related services that are determined by the IEP Team to be necessary for the child to receive FAPE, limits the responsibility of an SAU to appropriately monitor and maintain medical devices that are needed to maintain the health and safety of the child, including breathing, nutrition, or operation of other bodily functions, while the child is transported to and from school or is at school; or prevents the routine checking of an external component of a surgically implanted device to make sure it is functioning properly. [34 CFR 300.34(b)(2)(i-iii)]

Early Intervention Services B-2

Related Services 3 to 22

Audiology includes:

1. Identification of children with auditory impairment, using at risk criteria and appropriate audiologic screening techniques;
2. Determination of the range, nature, and degree of hearing loss and communication functions, by use of audiological evaluation procedures;
3. Referral for medical and other services necessary for the habilitation or rehabilitation of children with auditory impairment;
4. Provision of auditory training, aural rehabilitation, speech reading and listening device orientation and training, and other services;
5. Provision of services for prevention of hearing loss; and
6. Determination of the child’s need for individual amplification, including selecting, fitting, and dispensing appropriate listening and vibrotactile devices, and evaluating the effectiveness of those devices.

Audiologyincludes—

1. Identification of children with hearing loss;
2. Determination of the range, nature, and degree of hearing loss, including referral for medical or other professional attention for the habilitation of hearing;
3. Provision of habilitative activities, such as language habilitation, auditory training, speech reading (lipreading), hearing evaluation, and speech conservation;
4. Creation and administration of programs for prevention of hearing loss;
5. Counseling and guidance of children, parents, and teachers regarding hearing loss; and
6. Determination of children’s needs for group and individual amplification, selecting and fitting an appropriate aid, and evaluating the effectiveness of amplification.

Family Training and Counseling

Family training, counseling, and home visits

means services provided, as appropriate, by

social workers, psychologist, and other qualified personnel to assist the family of a child eligible under this part in understanding the special needs of the child and enhancing the child’s development.

Counseling servicesmeans services provided by qualified social workers, psychologists, or other qualified personnel.

A licensed clinical professional counselor licensed by the Maine State Board of Counseling Professionals Licensure may provide assessment, consultation, counseling and referral services to children with disabilities and their parents consistent with the laws and regulations governing the practice of professional counseling (32 MRSA Chap. 119). A licensed marriage and family therapist may provide counseling services.

Parent counseling and training means assisting parents in understanding the special needs of their child; providing parents with information about child development; and helping parents to acquire the necessary skills that will allow them to support the implementation of their child’s IEP or IFSP.

Health Services.

Health services means services necessary to enable a child to benefit from the other early intervention services under this part during the time that the child is receiving the other early intervention services.

1. The term includes:

a. Such services as clean

intermittent catheterization, tracheostomy care, tube feeding, the changing of dressings or colostomy collection bags, and other health services; and

b. Consultation by physicians with other service providers concerning the special health care needs of eligible children that will need to be addressed in the course of providing other early intervention services.

ii. The term does not include the following:

a. Services that are surgical in

nature (such as cleft palate surgery, surgery for club foot, or the shunting of hydrocephalus); purely medical in nature (such as hospitalization

for management of congenital heart ailments, or the prescribing of medicine or drugs for any

purpose); or related to the implementation, optimization (e.g. mapping), maintenance, or replacement of a medical device that is surgically implanted, including a cochlear implant.

• Nothing in this part limits the right of an infant or toddler with a disability with a surgically implanted device (e.g. cochlear implant) to receive the early intervention services that are identified in the child’s IFSP as being needed to meet the child’s developmental outcomes.
• Nothing in this part prevents the EIS provider from routinely checking that either the hearing aid or the external components of a surgically implanted device (e.g. cochlear implant) of an infant or toddler with a disability are functioning properly;

b. Devices (such as heart monitors, respirators, and oxygen, and gastrointestinal feeding tubes and pumps) necessary to control or treat a medical condition.

1. Medical-health services (such

as immunizations and regular “well-baby” care) that are routinely recommended for all children.

Hearing Aids

Each public agency ( SAU) must ensure that hearing aids worn in school by children with Deafness, including hearing loss are functioning properly . [34 CFR 300.113(a)]

Hearing aids will be checked no less than weekly by an individual assigned the responsibility and trained to identify typical malfunctions in hearing aids.

Interpreting services, as used with respect to children who are deaf or hard of hearing, includes oral transliteration services, cued language transliteration services, and sign language, transliterator and interpreting services, such as communication access realtime transliteration (CART), C-print, and type service and special interpreting services for children who are deaf/blind.

A.

1. An interpreter for a student who is disabled shall be licensed with the Office of Licensing and Registration, Department of Professional and Financial Regulation, (32 MRSA Chap. 22 and accompanying regulations).

B.

1. A cued speech transliterator shall be licensed with the Office of Licensing and Registration, Department of Professional and Financial Regulation, (32 MRSA Chap. 22 and accompanying regulations).

Medical Services (only for diagnostic or evaluation purposes) means services provided by a licensed physician to determine a child’s developmental status and

need for early intervention services.

Medical Services means services provided by a licensed physician to determine a child’s medically related disability that results in the child’s need for special education and related services. Such medical services shall be for diagnostic and evaluation purposes only.

Vision services means:

1. Evaluation and assessment of visual

functioning, including the diagnosis and appraisal of specific visual disorders, delays and abilities that affect early childhood development;

1. Referral for medical or other

professional services necessary for the habilitation or rehabilitation or visual functioning disorders, or both; and

1. Communication skills training, orientation and mobility training for all environments, visual training, independent living skills training, and additional training necessary to activate visual motor abilities.

Qualified personnel for vision services are vision specialists, including ophthalmologists and optometrists, and teacher of the Blind and Visually Impaired .

Orientation and mobility services means services provided to students who are blind or visually impaired by qualified personnel to enable those students to attain systematic orientation to and safe movement within their environments in school, home, and community; and includes travel training instruction and teaching students the following, as appropriate:

1. Spatial and environmental concepts and use of information received by the senses (such as sound, temperature and vibrations) to establish, maintain, or regain orientation and line of travel (e.g., using sound at a traffic light to cross the street);
2. To use the long cane to supplement visual travel skills or as a tool for safely negotiating the environment for students with no available travel vision;
3. To understand and use remaining vision and distance low vision aids; and

iv. Other concepts, techniques, and tools.

Occupational therapy includes services to address the functional needs of a child related to adaptive development, adaptive behavior and play, and sensory, motor, and postural development. These services are designed to improve the child’s functional

ability to perform tasks in home, school, and community settings, and include:

1. Identification, assessment, and intervention;
2. Adaptation of the environment,

and selection, design and fabrication of assistive and orthotic devices to facilitate development and promote the acquisition of functional skills; and

1. Prevention or minimization of

the impact of initial or future impairment, delay in development, or loss of functional ability.

Occupational therapymeans—

1. Services provided by a qualified occupational therapist; and
2. Includes— 1. Improving, developing or restoring functions impaired or lost through illness, injury, or deprivation; 2. Improving ability to perform tasks for independent functioning if functions are impaired or lost; and 3. Preventing, through early intervention, initial or further impairment or loss of function.

A licensed occupational therapist may provide occupational therapy The maximum student-therapist caseload, including both consultation and direct services, shall not exceed 50 students per each full-time equivalent provider.

Occupational therapy includes improving, developing or restoring functions impaired or lost through illness, injury, or deprivation; improving ability to perform tasks for independent functioning if functions are impaired or lost; and preventing, through early intervention, initial or further impairment or loss of function.

Occupational therapy assistants may provide services under the professional supervision of an appropriately licensed therapist as required by the laws and regulations regarding the practice of occupational therapy and physical therapy (32 MRSA Chapters 32 and 45-A and accompanying regulations).

Physical therapy includes services to address the promotion of sensory-motor function through enhancement of musculoskeletal status, neurobehavioral organization, perceptual and motor development, cardiopulmonary status, and effective environmental adaptation. These services include:

1. Screening, evaluation and assessment of infants and toddlers to identify movement dysfunction;
2. Obtaining, interpreting and integrating information appropriate to program planning to prevent, alleviate, or compensate for movement dysfunction and related functional problems; and
3. Providing individual and group services or treatment to prevent, alleviate or treatment to prevent, alleviate, or compensate for movement dysfunction and related functional problems.

Physical therapy means services provided by a qualified physical therapist.

A licensed physical therapist may provide physical therapy services The maximum student-therapist caseload, including both consultation and direct services, shall not exceed 50 students per each full-time equivalent provider.

Physical therapist assistants may provide services under the professional supervision of an appropriately licensed therapist as required by the laws and regulations regarding the practice of occupational therapy and physical therapy (32 MRSA Chapters 32 and 45-A and accompanying regulations).

Physical therapy means services provided by a qualified physical therapist.

Psychological services include:

1. Administering psychological and

developmental tests and other assessment procedures;

1. Interpreting assessment results;
2. Obtaining, integrating, and interpreting information about child behavior, and child and family conditions related to learning, mental health, and development; and
3. Planning and managing a program of psychological services including psychological counseling for children and parents, family counseling, consultation on child development, parent training, and education programs.

Psychological servicesincludes—

1. Administering psychological and educational tests, and other assessment procedures;
2. Interpreting assessment results offering diagnostic impressions;
3. Obtaining, integrating, and interpreting information about child behavior and conditions relating to learning;
4. Consulting with other staff members in planning school programs to meet the special educational needs of children as indicated by psychological tests, interviews, direct observation, and behavioral evaluations;
5. Planning and managing a program of psychological services, including psychological counseling for children and parents; and
6. Assisting in developing positive behavioral intervention strategies.

A certified school psychologist or psychologist licensed by the Board of Examiners of Psychologists may provide consultation services to children, school staff members and parents; evaluation services for children; behavior management including assisting in designing, implementing, evaluation and modifying positive behavioral intervention strategies; and social skills training (including individual or group counseling for children). Psychologists may provide psychotherapy if required by a child with a disability and specified in the child’s IEP. A certified school psychologist may offer diagnostic impressions.

The Maine Psychological Association (MePA) maintains a register for Neurocognitive Testing Assistants (NTAs). NTAs must be registered and supervised by a psychologist, who is the evaluator, and who is licensed by the Department of Professional and Financial Regulation Board of Examiners of Psychologists. This register is referenced by the Department of Education when special education directors request reimbursement for a student’s assessment.

This registration procedure has been in effect since August, 2001, as a result of a Final Report of the Commissioner of Professional and Financial Regulation to the Joint Standing Committee on Education and Cultural Affairs.

The registration requires, as recommended in this Report and required by the Legislative Committee, a minimum of a bachelor’s degree in psychology or a related field. The licensed psychologist is fully responsible and liable for the conduct of the NTA.

The Report further states that the Department of Education indicated to the Department of Professional and Financial Regulation and to the Board of Examiners of Psychologists that a program of self-regulation, such as a registration program administered by a private organization such as the MePA, would satisfy federal requirements, so long as the minimum qualifications for registration are established and met by the registrants. This provision will remain in effect in this chapter until the Department of Professional and Financial Regulation Board of Examiners of Psychologists completes rulemaking on the neurocognitive assistants.

Recreation includes assessment of leisure function; therapeutic recreation services; recreation programs in schools and community agencies; and leisure education.

Rehabilitation counseling services means services provided by qualified personnel in individual or group sessions that focus specifically on career development, employment preparation, achieving independence, and integration in the workplace and community of a student with a disability. The term also includes vocational rehabilitation services provided to a child with disabilities by vocational rehabilitation programs funded under the Rehabilitation Act of 1973, as amended.

Nursing services include:

1. The assessment of health status for the

purpose of providing nursing care, including the identification of patterns of human response to actual or potential health problems;

1. Provision of nursing care to prevent

health problems, restore or improve functioning, and promote optimal health and development; and

1. Administration of medications,

treatments, and regimens prescribed by a licensed physician.

School health and school nurse services means health services that are designed to enable a child with a disability to receive FAPE as discussed in the child’s IEP. School nurse services are provided by a qualified school nurse. School health services are services that may be provided by either a qualified school nurse or other qualified person.

Social work services include:

1. Making home visits to evaluate a child’s living conditions and patterns of parent-child interaction;
2. Preparing a social or emotional

developmental assessment of the child within the family context;

1. Providing individual and family-group

counseling with parents and other family members, and appropriate social skill-building activities with the child and parents;

1. Working with those problems in a child’s and family’s living situation (home, community, and any center where early intervention services provided) that affect the child’s maximum utilization of early intervention services; and
2. Identifying, mobilizing, and coordinating community resources and services to enable the child and family to receive maximum benefit from early intervention services.

Social work servicesincludes—

1. Preparing a social or developmental history on a child with a disability;
2. Group and individual counseling with the child and family;
3. Working in partnership with parents and others on those problems in a child’s living situation (home, school, and community) that affect the child’s adjustment in school;
4. Mobilizing school and community resources to enable the child to learn as effectively as possible in his or her educational program; and
5. Assisting in developing positive behavioral intervention strategies.

A social worker licensed by the Maine Board of Social Worker Licensure may provide social work services including preparing a social or developmental history of a child with a disability; group and individual counseling with the child and family; working with those problems in a child's living situation (home, school, and community) that affect the child's adjustment in school; and mobilizing school and community resources to enable the student to learn as effectively as possible in his or her educational program and assisting in developing positive behavioral interventions and strategies.

A social worker licensed by the Maine Board of Social Worker Licensure may provide social work services to children, school staff members, and parents consistent with the laws and regulations governing the practice of social work (32 MRSA Chap. 83 and accompanying regulations). The maximum student-therapist caseload shall not exceed 50 children per each full-time equivalent licensed social worker.

Assistive Technology

Assistive technology device means any item,

piece of equipment, or product system, whether acquired commercially off the shelf, modified, or customized, that is used to increase, maintain, or improve the functional capabilities of children with disabilities. The term does not include a medical device that is surgically implanted, or the replacement of such device.

Assistive technology service means a service that directly assists a child with a disability in the selection, acquisition, or use of an

assistive technology device.

Assistive technology services include:

1. The evaluation of the needs of a child

with a disability, including a functional evaluation of the child in the child’s customary environment;

1. Purchasing, leasing, or otherwise

providing for the acquisition of assistive technology devices by children with disabilities;

1. Selecting, designing, fitting, customizing, adapting, applying, maintaining, repairing, or replacing assistive technology devices;
2. Coordinating and using other therapies, interventions, or services with assistive technology devices, such as those associated with existing education and rehabilitation plans and programs;
3. Training or technical assistance for a

child with disabilities or, if appropriate, that child’s family; and

1. Training or technical assistance for

professionals (including individuals providing early intervention services) or other individuals who provide services to or are otherwise substantially involved in the major life functions of individuals with disabilities.

If the IFSP Team determines that an AT device or service is necessary for the provision of services and specifies the AT device or service in the child’s IFSP, the SAU is responsible for ensuring the provision of the AT device or service. The use of the purchased AT device(s) in a child’s home or other settings is required if the child’s IFSP Team determines that the child needs these devices in order for the child to benefit from early intervention services.

An Assistive Technology Professional (ATP) must meet the national RESNA ATP Certification and keep the certification current so that the individual is on the Certification Directory.

A provider who is already qualified to provide services and consultation on the use of assistive technology in the provider’s practice is not required to also have this National Certification. (Such as OT,PT, or Speech)

Assistive Technology

Assistive technology device. In general the term assistive technology device means any item, piece of equipment, or product system, whether acquired commercially off the shelf, modified, or customized, that is used to increase, maintain, or improve functional capabilities of a child with a disability. The exception is the term does not include a medical device that is surgically implanted, or the replacement of such device.

Assistive technology service means any service that directly assists a child with a disability in the selection, acquisition, or use of an assistive technology device.

Such term includes:

1. The evaluation of the needs of such child, including a functional evaluation of the child in the child’s customary environment;
2. Purchasing, leasing, or otherwise providing for the acquisition of assistive technology devices by such child;
3. Selecting, designing, fitting, customizing, adapting, applying, maintaining, repairing, or replacing assistive technology devices;
4. Coordinating and using other therapies, interventions, or services with assistive technology devices, such as those associated with existing education and rehabilitation plans and programs;
5. Training or technical assistance for such child, or where appropriate, the family of such child; and
6. Training or technical assistance for professionals (including individuals providing education and rehabilitation services), employers, or other individuals who provide services to, employ, or are otherwise substantially involved in the major life functions of the child.

If the IEP Team determines that an assistive technology device or service is necessary for the provision of a Free, Appropriate Public Education and specifies the assistive technology device or service within the children's IEP, the school administrative unit is responsible for ensuring the provision of the assistive technology device or service at no cost to the parents.

On a case-by-case basis, the use of school purchased assistive technology devices in a student’s home or in other settings is required if the child’s IEP Team determines that the child needs access to those devices in order to receive a free appropriate public education.

An Assistive Technology Professional (ATP) must meet the national RESNA ATP Certification and keep the certification current so that the individual is on the Certification Directory.

A provider who is already qualified to provide services and consultation on the use of assistive technology in the provider’s practice is not required to also have this National Certification. (Such as OT,PT, or Speech)

Speech-language pathology services include:

1. Identification of children with

communicative or oropharyngeal disorders and delays in development of communication skills, including the diagnosis and appraisal of specific disorders and delays in those skills;

1. Referral for medical or other professional services necessary for the habilitation or rehabilitation of children with communicative or oropharyngeal disorders and delays in development of communication skills; and
2. Provision of services for the habilitation, rehabilitation, or prevention of communicative or oropharyngeal disorders and delays in development of communication skills.

Speech and Language Services B-2.

Speech and language services may be provided by a speech-language pathologist licensed by the Maine Board of Speech, Audiology and Hearing or speech and language clinician certified by the Department, when recommended by the IFSP Team and included in the child IFSP. The maximum child-therapist caseload, including case management, consultation, and direct services, shall not exceed 50 for each full-time equivalent speech-language pathologist or speech and language clinician.

Speech-language pathology servicesincludes:

1. Identification of children with speech or language impairments;
2. Diagnosis and appraisal of specific speech or language impairments;
3. Referral for medical or other professional attention necessary for the habilitation of speech or language impairments;
4. Provision of speech and language services for the habilitation or prevention of communicative impairments; and
5. Counseling and guidance of parents, children, and teachers regarding speech and language impairments.

A speech-language pathologist licensed by the Maine Board of Speech, Audiology and Hearing, or speech clinician certified by the Department may provide speech and language services if recommended by the IEP Team and included in the child's Individualized Education Program. The maximum child-therapist caseload, including both consultation and direct services, shall not exceed 50 for each full-time equivalent speech-language pathologist or speech clinician.

A certified speech clinician may provide speech and language services if employed by an administrative unit.

A certified speech clinician shall also be licensed by the Maine Board of Speech, Audiology and Hearing in order to provide contracted speech and language services

A speech-language pathology aide or assistant registered with the Board of Speech, Audiology and Hearing may provide speech and language services under the supervision of a licensed speech-language pathologist as required by 32 MRSA Chapter 77 and accompanying regulations relating to the practice of speech-language pathology.

Transportation and related costs includes the cost of travel (e.g., mileage or travel by taxi, common carrier, or other means) and other costs (e.g., tolls and parking expenses) that are necessary to enable a child eligible under this part and the child’s family to receive early intervention services.

Transportation - Special Education

Transportation includes:

1. Travel to and from school and between schools;
2. Travel in and around school buildings; and
3. Specialized equipment (such as special or adapted buses, lifts, and ramps), if required to provide special transportation for a child with a disability.

Special education transportation shall be specified by the IEP Team in the child's Individualized Education Program when the Team determines that the transportation is necessary in order for the child with a disability to benefit from an education program. The IEP Team shall determine any modifications and/or adaptations, including the employment of a "transportation aide," that need to be made to the unit's regular transportation services in order to ensure appropriate and accessible transportation services.

Pursuant to 20-A MRSA §5401(4) special education students shall be provided transportation as provided by Chapter 301 or to and from classes. 20-A MRSA §7001 (4-B) defines “related services” as special education transportation and such developmental, corrective and other related services, as defined by the Commissioner, as are required to assist children with disabilities to benefit from their special education programs.

Therefore, special education transportation in Maine is that which is above and beyond regular transportation described in 20-A MRSA §5401-5402.

Transportation for special education for state wards and state agency clients is treated as a related service and included on the child’s IEP. Transportation costs for state wards and state agency clients are claimed for subsidy on the EF-S-04B State Agency Client Billing Form.

Transportation cost associated with out-of-district special education programs is considered a predicted per pupil transportation cost as defined in 20-A §15672 (22A) and includes an adjustment for out of district special education transportation as reported on the EF-M-43, subsidy for which is governed by 20-A §5205.

Transportation - Residential School

School administrative units which have placed children with disabilities in residential schools shall provide transportation to these children at the beginning and the end of the school year, on weekends if the school does not provide weekend residential services, and on regularly scheduled vacations and holidays that correspond to the calendar of the residential school. Local administrative units shall provide for additional trips when determined by the IEP Team to be part of the child’s Individualized Education Program.

In cases where the parents or guardian and the IEP Team determine that there is reason to transport the parents or guardian to the school during the holiday or vacation periods, this arrangement may be made in lieu of transporting the child to his/her residence.

If the parents of a child with a disability have been asked and agreed to transport the child to and/or from a residential school, the administrative unit shall reimburse the parents for mileage and necessary travel expenses in accordance with school district employee reimbursement policies and providing that such transportation is at no cost to the parent. Reimbursement to the parents shall be made within 45 days of each trip. If another means of transportation is procured, such as air or bus, the allowable rate shall be the actual cost.

Necessary travel expenses (such as tolls, parking, food and lodging) for the student and/or any required adult escort shall also be reimbursed in accordance with school district employee reimbursement policies.

Nutrition services include:

i. Conducting individual assessments in:

1. Nutritional history and dietary intake;
2. Anthropometric, biochemical, and clinical variables;
3. Feeding skills and feeding problems; and
4. Food habits and food preferences;

ii. Developing and monitoring appropriate plans to address the nutritional needs of children eligible under this part, based on the findings from individual nutritional assessments; and

iii. Making referrals to appropriate community resources to carry out nutritional goals.

Nutrition services may be provided by registered dieticians.

Case management services means the

activities carried out by a service coordinator to assist and enable an eligible child and the child’s family to receive the services, rights and procedural safeguards authorized to be provided under the State’s early intervention program.

The IEP case manager may oversee a child’s (age 3 to 22) needs to assure that due process requirements under the federal Individuals with Disabilities Education Act are met. The case manager communicates with SAU staff, parents, the child, and teachers to provide coordination and follow up for the IEP process.

Sign language and cued language services include teaching sign language, cued language, and auditory/oral language, providing oral transliteration services (such as amplification), and providing sign and cued language interpretation.

Services provided by a Board Certified Behavior Analyst (BCBA). The BCBA and BCBA-D are independent practitioners who also may work as employees or independent contractors for an organization. The BCBA conducts descriptive and systematic behavioral assessments, including functional analyses, and provides behavior analytic interpretations of the results. The BCBA designs and supervises behavior analytic interventions. The BCBA is able to effectively develop and implement appropriate assessment and intervention methods for use in unfamiliar situations and for a range of cases. The BCBA seeks the consultation of more experienced practitioners when necessary. The BCBA teaches others to carry out ethical and effective behavior analytic interventions based on published research and designs and delivers instruction in behavior analysis. BCBAs supervise the work of Board Certified Assistant Behavior Analysts and others who implement behavior analytic interventions. A BCBA in Maine must meet the national Behavior Analyst Certification Board qualifications. The certification must be provided to his/her employer or when he/she contracts with an organization. A BCBA must keep his/her certificate current to ensure that he/she remains on the Certificate Registry.

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:

• • • 1. General description of the program; 2. Qualification or certification of staff (copies of professional licenses (if applicable)); 3. 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 5-22

A. State Approval of Private School Programs. Each private school program that serves children 5-22 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 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 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.

• • 1. 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 5-22with 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.

Cooperative Agreement. The regional program cooperative agreement must include:

(a) Identification of the participating school administrative units;

1. The method of entering into and withdrawing from the cooperative agreement;
2. The objectives and functions to be performed by the regional program;
3. The location of the program and the owner of the buildings used by the program;
4. 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:

• • • 1. The admission requirements, including the protocol for admission through a determination of student needs; 2. An account of staff qualification or certification, including position, social security number, and number of students served at one time; 3. 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; 4. An account of the adequacy of facilities; 5. An account of the adequacy of support services, including an account of related service (including transportation) hours determined by student need; 6. 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; 7. The teacher-student ratio; 8. The method of involving parent and community participation; 9. 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; 10. The method of fiscal operation and cost sharing; 11. 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 12. 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 in status, 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.

XIII. GENERAL SUPERVISION SYSTEM

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.

• • 1. 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’sexercise 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:

(1) Meets Requirements

Needs Assistance

Needs Intervention

Needs Substantial Intervention

D. 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:

Requirement of proof of utilization of technical assistance and identified resources;

Commissioner directing the use of the SAU funds on the areas demonstrating continued need;

Withholding of State subsidy payments to eligible SAUs;

Withholding of special education or other federal grant funds SAUs and/or programs which are sub-recipients; and/or

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:

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;

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;

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;

The sending SAU will work with the receiving SAU to satisfy requirements for correcting non-compliance;

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.)

XIV. EDUCATION RECORDS

1. General Principles: Confidentiality Requirements

Each school administrative unit shall adopt and implement procedures to protect the confidentiality of student records, in accordance with the federal Family Educational Rights and Privacy Act of 1974 and the Individuals with Disabilities Education Act.

NOTE: Copies of the Family Educational Rights and Privacy Act and the Individuals with Disabilities Education Act are available from the Special Services Team, Maine Department of Education.

2. Definitions

The following terms shall have the definitions set forth here for purposes of these rules:

Destruction means physical destruction or removal of personal identifiers from information so that the information is no longer personally identifiable.

Education records means the type of records covered under the definition of educational records in 34 CFR Part 99 (regulation implementing the Family Educational Rights and Privacy Act of 1974,[(FERPA) 20 USC 1232g]

Participating agency means any agency or institution which collects, maintains, or uses personally identifiable information, or from which information is obtained, under these rules. [34 CFR 300.611]

3. Access rights

Each SAU must permit parents to inspect and review any education records relating to their child which are collected, maintained, or used by the SAU under these regulations. The SAU must comply with a request without unnecessary delay and before any meeting regarding an IEP or any hearing pursuant to 34 CFR 300.507 or 300.530 through 300.532, or resolution session pursuant to 34 CFR 300.510, and in no case more than 45 days after the request has been made under Part B and no more than 10 days after the parent makes the request to inspect and review records under Part C [34 CFR 303.405(a)].

The right to inspect and review education records under this section includes:

A. The right to a response from the SAU to reasonable requests for explanations and interpretations of the records;

B. The right to request that the SAU provide copies of the records containing the information if failure to provide those copies would effectively prevent the parent from exercising the right to inspect and review the records;

C. The right to have a representative of the parent inspect and review the records.

An SAU may presume that the parent has authority to inspect and review records relating to his or her child unless the agency has been advised that the parent does not have the authority under applicable State law governing such matters as guardianship, separation, and divorce. [34 CFR 300.613]

4. Record of access

Each SAU must keep a record of parties obtaining access to education records collected, maintained, or used under part B of IDEA (except for access by parents and authorized employees of the school), including the name of the party, the date access was given, and the purpose for which the party is authorized to use the records. [34 CFR 300.614]

5. Records on more than one student

If any education record includes information on more than one child, the parents of those children have the right to inspect and review only the information relating to their child or to be informed of that specific information. [34 CFR 300.615]

6. List of types and locations of information

Each SAU must provide parents on request a list of the types and locations of educational records collected, maintained, or used by the SAU. [34 CFR 300.616]

7. Fees

An SAU may charge a fee for copies of records that are made for parents under this rule if the fee does not effectively prevent the parents from exercising their right to inspect and review those records.

An SAU may not charge a fee to search for or to retrieve information under these regulations. [34 CFR 300.617]

8. Amendment of records at parental request

A. A parent who believes that information in the education records collected, maintained, or used under this part is inaccurate or misleading or violates the privacy or other rights of the child may request the participating agency that maintains the information to amend the information.

B. The SAU must decide whether to amend the information in accordance with the request within a reasonable period of time of receipt of the request.

C. If the SAU decides to refuse to amend the information in accordance with the request, it must inform the parent of the refusal and advise the parent of the right to a hearing under 34 CFR 300.619. [34 CFR 3oo.618]

• • 1. Opportunity for a hearing

The SAU must, on request, provide an opportunity for a hearing to challenge information in education records to ensure that it is not inaccurate, misleading, or otherwise in violation of the privacy or other rights of the child. [34 CFR 300.619]

• • 1. Result of hearing

If, as the result of the hearing , the hearing officer decides that the information is inaccurate, misleading, or otherwise in violation of the privacy or other rights of the child, the SAU shall amend the information accordingly and so inform the parent in writing.

If, as the result of the hearing , the hearing officer decides that the information is not inaccurate, misleading, or otherwise in violation of the privacy or other rights of the child, the hearing officer must inform the parent of the right to place in records the SAU maintains on the child a statement commenting on the information or setting forth any reasons for disagreeing with the decision of the SAU.

Any explanation placed in the education record of the child under this section shall:

(1) Be maintained by the SAU as part of the records of the child as long as the record or contested portion is maintained by the SAU; and

(2) If the records of the child or the contested portion is disclosed by the SAU to any party, the explanation must also be disclosed to the party. [34 CFR 300.620]

11. Consent

Parental consent must be obtained before personally identifiable information is disclosed to parties, other than officials of participating agencies in accordance with paragraph 3 of this section, unless the information is contained in education records, and the disclosure is authorized without parental consent under 34 CFR 99.

Except as provided in paragraphs 3 and 4 of this section, parental consent is not required before personally identifiable information is released to officials of participating agencies for purposes of meeting a requirement of this rule.

Parental consent, or the consent of an eligible child who has reached the age of majority under State law (age 18 in Maine) , must be obtained before personally identifiable information is released to officials of participating agencies providing or paying for transition services in accordance with 34 CFR 300.321(b)(3).

If a child is enrolled, or is going to enroll in a private school that is not located in the SAU of the parent’s residence, parental consent must be obtained before any personally identifiable information about the child is released between officials in the SAU where the private school is located and officials in the SAU of the parent’s residence. [34 CFR 300.622]

12.Safeguards

Each SAU must protect the confidentiality of personally identifiable information at collection, storage, disclosure, and destruction stages.

The superintendent of each SAU, each school director, and each regional CDS site director shall appoint an individual to be responsible for ensuring the confidentiality of education records and training other staff.

All persons collecting or using personally identifiable information must receive training or instruction regarding the federal law, state and local policies and procedures for ensuring confidentiality.

Each SAU must maintain, for public inspection, a current listing of the names and positions of those employees within the SAU who may have access to personally identifiable information. [34 CFR 300.623]

13. Destruction of information

The SAU must inform parents when personally identifiable information collected, maintained, or used under this part is no longer needed to provide educational services to the child.

The information must be destroyed at the request of the parents. However, a permanent record of a child's name, address, phone number, his or her grades, attendance record, classes attended, grade level completed, and year completed shall be maintained without time limitations. [34 CFR 300.624]

NOTE: Education records pertaining to children with disabilities may be useful in the future to the child or their parents if application is made for federal benefits.

NOTE: For the most up-to-date information on the State of Maine’s Rules for Disposition of Local Government Records (which includes educational records) please see the Maine State Archives website: www.state.me.us/sos/arc

14. Electronic distribution of records

A. SAUs may distribute to a parent the educational records set forth in subsection B electronically, providing that:

(1) The SAU fully discloses to the parent the procedures it has in place to ensure that the information being distributed is secure during delivery to the parent;

The parent provides signed, written consent to receive the records electronically, confirming the parent’s confidential email address; and

The SAU informs the parent of the right to revoke consent to receive records electronically at any time.

B. The following educational records may be distributed to a parent electronically, subject to the requirements of subsection A above:

Written Notice;

Procedural Safeguards;

Advance Written Notice;

IEP;

Progress reports; and

Notices related to a due process hearing.

XV. PROCEDURAL SAFEGUARDS

All SAUs shall adopt and implement procedural safeguards contained in 34 CFR 300.500-300.520 and 300.530-300.537. All SAUs must distribute the notice of procedural safeguards set forth in Appendix 1of this rule at the time specified in the notice.

Independent Educational evaluations, Attorneys’ fees and discipline are not applicable to children and their families’ birth through age two. The parents of a child eligible under the Part C program may determine whether they, their child, or other family members will accept or decline any early intervention service under this rule, and may decline such service after first accepting it, without jeopardizing other early intervention services under this rule.

For Part C, the Dispute Resolution process includes Early Intervention providers.

NOTE: Throughout Appendix 1, areas in which Maine’s Special Education Regulations exceed the federal statute are indicated by italics.

XVI. DISPUTE RESOLUTION PROCEDURES: (Mediations, Complaints And Hearings)

1. Right to Dispute Resolution, Generally

A. For children B-2

(1) Any parent or interested party, including early intervention providers, and including an organization or individual from another state, may submit a written request for a state complaint to the Department alleging that a regional site has failed to comply with State or federal special education law or regulation, or when there is a dispute regarding the identification, evaluation, placement or provision of appropriate services to a child.

A parent or SAU may submit a request for mediation to the Department to resolve a dispute regarding a regional site’s compliance with this rule or provision of services in the natural environment to a child with a disability.

(3) A parent or SAU may submit a written request for a due process hearing to the Department when there is a dispute regarding the identification, evaluation, placement or the provision of appropriate services to the child.

B. For Children 3-22

(1) Any parent, adult student or interested party may submit a written complaint to the Department alleging that a public agency has failed to comply with this rule, or when there is a dispute regarding the identification, evaluation, placement or the provision of appropriate services to a child.

(2) A parent, adult student, or SAU may submit a written request to the Department for mediation to resolve a dispute regarding a unit’s compliance with this rule or the provision of a free appropriate public education in the least restrictive educational alternative to a child with a disability.

A parent, adult student or SAU may submit a written request for a due process hearing to the Department, after having submitted the written request first to the responding party, when there is a disagreement regarding the identification, evaluation, placement or the provision of a free appropriate public education to a child.

1-A. Private Schools

Notwithstanding subsections 1.B(2) and (3) above, in all subsections below relating to mediations, due process hearings or expedited due process hearings for children 3-22, a private school serving as out-of-district educational placement (see section IX.3.H, I ) may be a party to any disagreement relating to placement or the provision of a free appropriate public education. Each subsection shall be read to include private schools serving as out-of-district educational placements (and, as appropriate, their leaders, e.g. a headmaster where it says superintendent) with respect to these two types of disagreements. Nothing in this or any subsequent subsection may be interpreted to remove the ultimate responsibility for providing FAPE in the least restrictive educational environment from the sending SAU or transfer it to the out-of-district educational placement.

2. Stand-alone Mediation

A. Request

(1) Request by Parent or Adult Student - A parent, an adult student, the designated representative of the parent, surrogate parent or adult student, who requests a stand-alone mediation shall notify, in writing, the School Administrative Unit (SAU) and the Due Process Coordinator in the Department of Education of the request for a stand-alone mediation. A stand-alone mediation is a mediation that is not associated with a state complaint, a hearing, or an expedited hearing.

(a) The request shall:

(i) Include the name of the child involved, the parent's name, address and telephone number, the school administrative unit which the child attends, a brief summary of the disagreement and any facts relating to the disagreement;

• • 1. Include a summary of how the SAU was informed of the disagreement, any actions taken by the SAU to resolve the problem and how the problem could be resolved; and

(iii) Be in writing. An oral request shall be reduced to writing by the superintendent or a designee of the SAU and signed by the parent or adult students.

(2) Request by SAU - If the SAU seeks a stand-alone mediation, the superintendent shall send the notice to the parent or adult student prior to forwarding the request to the Due Process Coordinator.

(a) The notice to the parent and the request to the Due Process Coordinator shall:

(i) Include the name of the child involved, the parent's name, address and telephone number, the school administrative unit which the child attends, a brief summary of the disagreement and any facts relating to the disagreement;

(ii) Include a summary of how the parent was informed of the disagreement, any actions taken by the SAU to resolve the problem and how the problem could be resolved; and

(iii) Be in writing.

(3) Duties of the Department - Upon receipt of the request for a stand-alone mediation, the Due Process Coordinator shall provide the parents with information pertaining to the availability of free or low-cost legal aid and other related services.

(4) Requirements – See Section XVI(3) (B)and (C) of this rule.

1. State Enforcement Mechanisms. For enforcement of a mediation agreement, the Department shall provide to parents and adult students the State complaint investigation procedure. The State complaint investigation procedure is not mandatory and will not delay or deny a party the right to seek enforcement of the written mediation agreement in a State court of competent jurisdiction or in a district court of the United States. [34 CFR 300.537 provides the State the option of enforcement.]

3. Mediation Associated with a Request for a Due Process Hearing

A. General

If either a parent, adult student or an SAU seeks a due process hearing, the superintendent shall encourage the parents to resolve the disagreement through a resolution session or mediation or other third-party assistance. Such attempts shall not interfere with the parent's or adult student’s right to a due process hearing or with the hearing timeline.

B. Requirements. [34 CFR 300.506, 303.431]

Mediation under this section shall:

(a) Be voluntary on the part of the parties;

(b) Not be used to deny or delay a parent's right to a hearing on the parent's due process hearing request, or to deny any other rights afforded under Part B of the Act; and

(c) Be conducted by a qualified and impartial mediator who is trained in effective mediation techniques.

(2)

(a) The Department shall maintain a list of individuals who are qualified mediators and knowledgeable in laws and regulations relating to the provision of special education and related services.

(b) The Department shall select mediators on a random, rotational, or other impartial basis.

(3) The Department shall bear the cost of the mediation process.

(4) Each session in the mediation process shall be scheduled in a timely manner and shall be held in a location that is convenient to the parties to the dispute.

(5) If the parties resolve a dispute through the mediation process, the parties shall execute a legally binding agreement that sets forth that resolution and that-

(a) States that all discussions that occurred during the mediation process will remain confidential and may not be used as evidence in any subsequent due process hearing or civil proceeding; and

(b) Is signed by both the parent and a representative of the SAU who has the authority to bind such agency.

(6) A written, signed mediation agreement under this paragraph shall be enforceable in any State court of competent jurisdiction or in a district court of the United States. Discussions that occur during the mediation process shall be confidential and may not be used as evidence in any subsequent due process hearing or civil proceeding of any Federal court or State court of a State receiving assistance under this part.

(7) Parents may be accompanied to the mediation by an advocate or other person knowledgeable in providing special education services. School personnel with authorization to commit resources and personnel involved with the dispute shall attend any mediation. School administrative units may be represented by counsel in a mediation only when the parents are represented by counsel. The SAU may be accompanied at mediation by a non-attorney advocate or consultant only when the parent is similarly accompanied by an individual who has been engaged to perform special education advocacy or consultancy, or else is represented at the mediation by an attorney. An attorney representing a parent shall provide the superintendent of the school administrative unit and the Due Process Office of the Maine Department of Education with at least 7 days written notice prior to the mediation that they will be representing the parent at the mediation. Parties may consult with their attorneys prior to and after engaging in mediation. Both parties may agree in writing to waive the 7-day written notice of the parent’s attorney’s planned attendance at the mediation.

(8) State enforcement mechanisms. For enforcement of a mediation agreement, the Department shall provide to parents and adult students the State complaint investigation procedure. The State complaint investigation procedure is not mandatory and will not delay or deny a party the right to seek enforcement of the written mediation agreement in a State court of competent jurisdiction or in a district court of the United States. [34 CFR 300.537 provides the State the option of enforcement.]

C. Impartiality of Mediator.

1. An individual who serves as a mediator under this part:

(a) May not be an employee of the Department or the SEA or an early intervention services provider (34 CFR 303.431(c)) that is involved in the education or care of the child; and

(b) Must not have a personal or professional interest that conflicts with the person's objectivity.

(2) A person who otherwise qualifies as a mediator is not an employee of the Department solely because he or she is paid by the

Department to serve as a mediator. [34 CFR 300.506(c)]

4. Complaints

A. Minimum State Complaint Procedures. [34 CFR 300.153]

(1) Within 60 days after a complaint is filed under this section the Department shall :

(a) Carry out an independent on-site investigation, if it determines that an investigation is necessary;

(b) Give the complainant the opportunity to submit additional information, either orally or in writing, about the allegations in the complaint;

(c) Provide the SAU with the opportunity to respond to the complaint, including, at the discretion of the SAU , a proposal to resolve the complaint;

(d) Provide an opportunity for a parent who has filed a complaint ( or individual or organization who has filed a complaint, with the authorization of the parent) and the SAUto voluntarily engage in mediation consistent with Section XVI.2 of this Chapter and 34 CFR §300.506;

(e) Review all relevant information and make an independent determination as to whether the SAU is violating a requirement of Part B or Part C of the Act or of this chapter ; and

(f) Issue a written decision to the complainant that addresses each allegation in the complaint and contains--

(i) Findings of fact and conclusions; and

(ii) The reasons for the Department 's final decision.

1. The time limit described in paragraph (1) of this section may be extended only if:

(a) Exceptional circumstances exist with respect to a particular complaint; or

(b) The parent (or individual or organization, with authorization of the parent ) and the SAU agree to extend the time to engage in mediation pursuant to paragraph (1) (d) of this section: and

(3) Provide procedures for effective implementation of the Department 's final decision: shall include:

(a) Technical assistance activities;

(b) Negotiations; and

(c) Corrective actions to achieve compliance.

(4)

(a) If a written complaint is received that is also the subject of a due process hearing under Section XIV.5 of this chapter [§300.507 or §§ 300.530 through 300.532], or contains multiple issues of which one or more are part of that hearing, the Department shall set aside any part of the complaint that is being addressed in the due process hearing until the conclusion of the hearing. However, any issue in the complaint that is not a part of the due process action shall be resolved using the time limit and procedures described in paragraphs (a) and (b) of this section.

(b) If an issue raised in a complaint filed under this section has previously been decided in a due process hearing involving the same parties--

(i) The due process hearing decision is binding on that issue; and

(ii) The Department shall inform the complainant to that effect.

(c) A complaint alleging a SAU 's failure to implement a due process hearing decision shall be resolved by the Department [20 U.S.C. 1221e-3 and 34 CFR 300.152]

B. Filing a Complaint

(1) An organization or individual may file a signed written complaint under the procedures described in paragraph (A) of this section.

(2) The complaint must include:

(a) A statement that a public agency , SAU has violated a requirement of Part B or Part C of the Act or of this chapter ;

(b) The facts on which the statement is based;

(c) The signature and contact information for the complainant; and

If alleging violations with respect to a specific child --

(i) The name and address of the residence of the child;

(ii) The name of the school or the early intervention services provider the child is attending;

(iii) In the case of a homeless child or youth (within the meaning of section 725(2) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a(2)), available contact information for the child, and the name of the school the child is attending;

(iv) A description of the nature of the problem of the child, including facts relating to the problem; and

(v) A proposed resolution of the problem to the extent known and available to the party at the time the complaint is filed.

(3) The complaint must allege a violation that occurred not more than one year prior to the date that the complaint is received in accordance with paragraph (1) of this section [§300.151] unless a longer period is reasonable because the complainant is requesting compensatory services for a violation that allegedly occurred not more than two years prior to the date that the written complaint is received by the Department.

(4) The party filing the complaint must forward a copy of the complaint to the SAU serving the child at the same time the party files the complaint with the Department . [20 USC 1221e-3 and 34 CFR 300.153]

Filing a Due Process Hearing Request

A. General

(1) A parent, adult student, or a SAU may file a due process Hearing request on any matters (relating to a proposal to initiate or change the identification, evaluation, placement or the provision of appropriate services to a child B-2 or the educational placement of, or the provision of FAPE to the child three to twenty-two). [includes 34 CFR 303.440(a)(1)]

(2) The due process hearing requestmust allege a violation that occurred not more than two years before the date the parent or SAU knew or should have known about the alleged action that forms the basis of the due process hearing request.

B. Information for Parents

The Department shall inform the parent of any free or low-cost legal and other relevant services available in the area if:

(1) The parent requests the information; or

(2) The parent or SAU files a due process hearing request under this section. [Authority: 20 U.S.C. 1415(b)(6) and 34 CFR 300.507]

6. Due Process Hearing Request. [34 CFR 300.508, 303.431]

A. General.

(1) The party filing a due process hearing request , or the attorney representing a party, must provide to the other party the due process hearing request (which shall remain confidential).

(2) The party filing a due process hearing request must forward a copy of the due process hearing request to the Department.

B. Content of Hearing Request.

The due process hearing request must include:

(1) The name of the child;

(2) The address of the residence of the child;

(3) The name of the school the child is attending;

(4) In the case of a homeless child or youth (within the meaning of section 725(2) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a(2)), available contact information for the child, and the name of the school the child is attending;

(5) A description of the nature of the problem concerning the child relating to the proposed or refused initiation or change, including facts relating to the problem; and

(6) A proposed resolution of the problem to the extent known and available to the party at the time.

C. Notice Required Before a Hearing on a Due Process Hearing Request

A party may not have a hearing on a due process hearing request until the party, or the attorney representing the party, files a due process hearing request that meets the requirements of paragraph (B) of this section.

D. Sufficiency of Hearing Request

(1) The due process hearing request required by this section must be deemed sufficient unless the party receiving the due process hearing request notifies the hearing officer and the other party in writing, within 15 days of receipt of the due process hearing request, that the receiving party believes the due process hearing request does not meet the requirements in paragraph (B) of this section.

(2) Within five days of receipt of notification under paragraph (D)(1) of this section, the hearing officer must make a determination on the face of the due process hearing request of whether the due process hearing request meets the requirements of paragraph (B) of this section, and must immediately notify the parties in writing of that determination.

(3) A party may amend its due process hearing request only if:

(a) The other party consents in writing to the amendment and is given the opportunity to resolve the due process hearing request through a resolution meeting held pursuant to Section XVI.11 of this chapter ; or

(b) The hearing officer grants permission, except that the hearing officer may only grant permission to amend at any time not later than five days before the due process hearing begins.

(4) If a party files an amended due process hearing request, the timelines for the resolution meeting in Section XVI.11.A of this chapter and the time period to resolve in Section XVI.11.B of this chapter begin again with the filing of the amended due process hearing request .

E. SAU Response to a Due Process Hearing Request .

(1) If the SAU has not sent a prior written notice under 34 CFR§300.503 to the parent regarding the subject matter contained in the parent's due process hearing request , the SEA must, within 10 days of receiving the due process hearing request , send to the parent a response that includes:

(a) An explanation of why the SAU proposed or refused to take the action raised in the due process hearing request;

(b) A description of other options that the IEP Team considered and the reasons why those options were rejected;

(c) A description of each evaluation procedure, assessment, record, or report the SAU used as the basis for the proposed or refused action; and

(d) A description of the other factors that are relevant to the SAU's proposed or refused action.

A response by an SAU under paragraph (E)(1) of this section shall not be construed to preclude the SAU from asserting that the parent's due process hearing request was insufficient, where appropriate.

F. Other Party Response to a Due Process Hearing Request .

Except as provided in paragraph (E) of this section, the party receiving a due process hearing request must, within 10 days of receiving the due process hearing request, send to the other party a response that specifically addresses the issues raised in the due process hearing request . [34 CFR 300.508]

Pre-hearing Conference

The hearing officer shall convene a pre-hearing conference to consider the simplification or clarification of issues, the limitation of the number of witnesses, the possibility of agreement disposing of all or any of the issues in dispute, and such other matters as may aid in the disposition of the adjudicatory proceeding.

7. Subpoenas

Issuance of subpoena

The Commissioner may issue subpoenas in the name of the Department to require the attendance and testimony of any witness and the production of any evidence relating to any issue or fact in the due process hearing upon the request of either party to the hearing.

Fees, Expenses

Any fees for attendance and travel required by the witnesses shall be the responsibility of the party seeking the subpoena.

Issuance of subpoenas shall conform in all other respects to the requirements of the Maine Administrative Procedure Act, 5 MRSA §9060.

Petition for Modification of Subpoena

Any witness subpoenaed may petition the hearing officer to vacate or modify the subpoena issued. The hearing officer shall give prompt notice to the party who requested issuance of the subpoena. After such investigation as the hearing officer deems appropriate, the petition may be granted in whole or in part upon a finding that the testimony or the evidence requested does not relate with reasonable directness to any matter in question, or that the subpoena for attendance of a witness or the production of evidence is unreasonable or oppressive or has not been issued a reasonable period in advance of the time when evidence is requested.

8. Pre-Hearing Motions

If a party in a hearing requires a response from the hearing officer about an issue in the hearing prior to the hearing or wishes for the hearing officer to dismiss the request for hearing, the party may submit a written motion to the hearing officer, the other party, and their representatives, if applicable. Upon receiving a motion the hearing officer shall set a deadline for the opposing party to respond to the motion.

Hearing Procedures

The due process hearing shall be conducted according to the procedures established in this section.

1. Opening Statement

The hearing officer shall open the hearing by describing the procedures to be followed during the hearing, the facts and issues to be determined in the hearing, any stipulations or agreements between the parties, and a statement of the right to appeal the decision.

1. Testimony

Witnesses called by either party shall testify one at a time. They shall be permitted to listen to one another's testimony only with the consent of both parties and at the discretion of the hearing officer. Testimony shall be permitted by alternative means, such as video conferences and individual or conference calls.

1. Recording

A written or electronic verbatim recording of all testimony and other evidence presented at the hearing shall be made and shall become part of the record of the hearing.

1. Evidence Admitted

The hearing officer shall not be bound by the rules of evidence applicable to the courts, but shall be bound by the rules of privilege recognized by law. Evidence shall be admitted if it is the kind of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs. The hearing officer may exclude irrelevant or unduly repetitious evidence and shall exclude evidence not disclosed to the other party at least five business days prior to the due process hearing.

E. Persons Presenting Testimony or Exhibits Shall be Sworn or Affirmed.

F. Official Notice

The hearing officer may take official notice of any facts on which judicial notice could be taken and in addition may take official notice of statutes, regulations and similar non-confidential Department or school documents. Parties shall be notified of the material so noticed and they shall be afforded an opportunity to contest the substance or materiality of the facts noticed.

G. Facts Officially Noticed Shall be Included and Indicated as such in the record.

Cross-Examination

Both parties and the hearing officer have the right to examine and cross-examine witnesses.

I. Order of Presentation

The order of presentation of testimony and exhibits shall be as follows unless otherwise agreed by the parties or determined appropriate by the hearing officer.

(1) Opening remarks by the hearing officer;

(2) Opening statement by the party requesting the hearing;

(3) Opening statement by the other party;

(4) Presentation of evidence by the party (superintendent/superintendent designees or parents) requesting the hearing and any witnesses for that party;

(5) Presentation of evidence by the other party and any witnesses for that party;

(6) Rebuttal witnesses for the party requesting the hearing;

(7) Rebuttal witnesses for the other party;

(8) Summation by the party requesting the hearing; and

(9) Summation by the other party.

Concluding Remarks by the Hearing Officer.

Prior to adjournment, the hearing officer shall advise all parties that the findings of fact and the hearing officer's written decision shall be made within 15 days of the conclusion of the hearing.

Conclusion of Hearing; Reopening of Record.

Upon conclusion of the hearing, no other evidence or testimony shall be permitted unless the record is held open by the hearing officer for the receipt of additional material specifically designated. The hearing officer may reopen the record for further proceedings at any time prior to the issuance of the final decision upon provision of appropriate notice to the parties.

10. Model Forms

A. The Department shall develop model forms to assist parents and SAUs in filing a due process hearing request in accordance with Sections XVI.5.A and XVI.6.A through C of this rule and to assist parents and other parties in filing a complaint under Section XVI.4 . However, the Department shall not require the use of the model forms. These model forms apply to both Part C (B-2) and Part B (3-22).

B. Parents, public agencies, and other parties may use the appropriate model form described in paragraph (A) of this section, or another form or other document, so long as the form or document that is used meets, as appropriate, the content requirements in Section XVI.6.B for filing a due process hearing request, or the requirements in XVI.4.B(2) for filing a complaint. [34 CFR 300.509]

11. Resolution Process

A. Resolution Meeting

(1) Within 15 days of receiving notice of the parent's due process hearing request, and prior to the initiation of a due process hearing under Section XVI.13 , the SAU must convene a meeting with the parent and the relevant member or members of the IEP Team who have specific knowledge of the facts identified in the due process hearing request that--

(a) Includes a representative of the SAU who has

decision-making authority on behalf of that agency; and

(b) May not include an attorney of the SAU unless the parent is accompanied by an attorney.

(2) The purpose of the meeting is for the parent of the child to discuss the due process hearing request , and the facts that form the basis of the due process hearing request , so that the SAU has the opportunity to resolve the dispute that is the basis for the due process hearing request .

(3) The meeting described in paragraph (A)(1) and (2) of this section need not be held if--

(a) The parent and the SAU agree in writing to waive the meeting; or

(b) The parent and the SAU agree to use the mediation process described in Section XVI.3 .

(4) The parent and the SAU determine the relevant members of the IEP Team to attend the meeting.

These apply to Part C 34 CFR 303.442.

B. Resolution Period

(1) If the SAU has not resolved the due process hearing request to the satisfaction of the parent within 30 days of the receipt of the due process hearing request , the due process hearing may occur.

(2) Except as provided in paragraph (C) of this section, the timeline for issuing a final decision under Section XVI.17 begins at the expiration of this 30-day period.

(3) Except where the parties have jointly agreed to waive the resolution process or to use mediation, notwithstanding paragraphs

(B)(1) and (2) of this section, the failure of the parent filing a due

process hearing request to participate in the resolution meeting will delay the timelines for the resolution process and due process hearing until the meeting is held.

(4) If the SAU is unable to obtain the participation of the parent in the resolution meeting after reasonable efforts have been made (and documented using the procedures in Section VI.H(4) ), the SAU may, at the conclusion of the 30-day period, request that a hearing officer dismiss the parent's due process hearing request .

(5) If the SAU fails to hold the resolution meeting specified in paragraph (A) of this section within 15 days of receiving notice of a parent's due process hearing request or fails to participate in the resolution meeting, the parent may seek the intervention of a hearing officer to begin the due process hearing timeline.

C. Adjustments to 30-day Resolution Period

The 45-day timeline for the due process hearing in Section XVI.17.A starts the day after one of the following events:

(1) Both parties agree in writing to waive the resolution meeting;

(2) After either the mediation or resolution meeting starts but before the end of the 30-day period, the parties agree in writing that no agreement is possible;

(3) If both parties agree in writing to continue the mediation at the end of the 30-day resolution period, but later, the parent or public agency withdraws from the mediation process.

D. Written Settlement Agreement

If a resolution to the dispute is reached at the meeting described in paragraphs (A)(1) and (2) of this section, the parties must execute a legally binding agreement that is--

(1) Signed by both the parent and a representative of the SAU who has the authority to bind the agency; and

(2) Enforceable in any State court of competent jurisdiction or in a district court of the United States, or by the Department . [Section XVI.11.F below]

E. Agreement Review Period

If the parties execute an agreement pursuant to paragraph (D)of this section, a party may void the agreement within 3 business days of the agreement's execution. [34 CFR 300.510]

F. State Enforcement Mechanisms

For enforcement of a resolution session agreement, the SEA provides to parent and adult students the State complaint investigation procedure. (Section XVI.4) The State complaint investigation procedure is not mandatory and will not delay or deny a party the right to seek enforcement of the written resolution session agreement in a State court of competent jurisdiction or in a district court of the United States. [34 CFR §300.537 provides the State the option for enforcement]

12. Settlement Offer

A. The SAU may provide the parents with a written settlement offer prior to the date of the hearing. If the parents accept the settlement offer, they shall notify the SAU, the hearing officer, and the Department no later than the date of the prehearing conference. Under no circumstances shall either party inform the hearing officer, or introduce as evidence, a settlement offer that has not been accepted, in whole or in part, by the parents.

B. The parties may at any time prior to, during, or after the due process hearing engage in private settlement discussions.

13. Impartial Due Process Hearing (Applicable to Part C 34 CFR 303.443, as well as Part B)

A. General

Whenever a due process hearing request is received under Sections XVI.5 or XVII.3, the parents or the LEA involved in the dispute must have an opportunity for an impartial due process hearing, consistent with the procedures in Sections XVI.5, XVI.6 through 9, and XVI.11 .

B. Agency Responsible for Conducting the Due Process Hearing

The hearing described in paragraph (A) of this section must be conducted by the Department.

C. Impartial Hearing Officer

(1) At a minimum, a hearing officer--

(a) Shall not be--

(i) An employee of the Department or the SAU that is involved in the education or care of the child; or

(ii) A person having a personal or professional interest that conflicts with the person's objectivity in the hearing;

(b) Shall possess knowledge of, and the ability to understand, the provisions of the IDEA, Federal and State regulations pertaining to the IDEA, and legal interpretations of the IDEA by Federal and State courts;

(c) Shall possess the knowledge and ability to conduct hearings in accordance with appropriate, standard legal practice; and

(d) Shall possess the knowledge and ability to render and write decisions in accordance with appropriate, standard legal practice.

(2) A person who otherwise qualifies to conduct a hearing under paragraph (C)(1) of this section is not an employee of the Department solely because he or she is paid by the Department to serve as a hearing officer.

(3) The Department shall keep a list of the persons who serve as hearing officers. The list shall include a statement of the qualifications of each of those persons.

D. Subject Matter of Due Process Hearings

The party requesting the due process hearing may not raise issues at the due process hearing that were not raised in the due process hearing request filed under Section XVI.6.B , unless the other party agrees otherwise.

E. Timeline for Requesting a Hearing

A parent or SAU must request an impartial hearing on their due process hearing request within two years of the date the parent or agency knew or should have known about the alleged action that forms the basis of the due process hearing request.

F. Exceptions to the Timeline

The timeline described in paragraph (E) of this section does not apply to a parent if the parent was prevented from filing a due process hearing request due to--

(1) Specific misrepresentations by the SAU that it had resolved the

problem forming the basis of the due process hearing request; or

(2) The SAUs withholding of information from the parent that was

required under this part to be provided to the parent. [20 USC 1415(f)(1)(A), 1415(f)(3)(A)-(D)and 34 CFR 300.511]

14. Hearing Rights

A. General. (Applicable to Part C 34CFR 303.444, as well as Part B)

Any party to a hearing conducted pursuant to Sections XVI.5 through XVI.15 or Sections XVII.1 through XVII.5 , or an appeal conducted pursuant to Section XVI.16 , has the right to--

(1) Be accompanied and advised by counsel and by individuals with

special knowledge or training with respect to the problems of children with disabilities;

(2) Present evidence and confront, cross-examine, and compel the attendance of witnesses;

(3) Prohibit the introduction of any evidence at the hearing that has not been disclosed to that party at least five business days before the hearing;

(4) Obtain a written, or, at the option of the parents, electronic, verbatim record of the hearing; and

(5) Obtain written, or, at the option of the parents, electronic findings of fact and decisions.

B. Additional Disclosure of Information

(1) At least five business days prior to a hearing conducted pursuant to Section XVI.13.A , each party must disclose to all other parties all evaluations completed by that date and recommendations based on the offering party's evaluations that the party intends to use at the hearing.

(2) A hearing officer may bar any party that fails to comply with paragraph (B)(1) of this section from introducing the relevant evaluation or recommendation at the hearing without the consent of the other party.

C. Parental Rights at Hearings. Parents involved in hearings must be given the right to--

(1) Have the child who is the subject of the hearing present;

(2) Open the hearing to the public; and

(3) Have the record of the hearing and the findings of fact and decisions described in paragraphs A (4) and A (5) of this section provided at no cost to parents. [20 USC 1415(f)(2), 1415(h)and 34 CFR 300.512]

15. Hearing Decisions

A. Decision of Hearing Officer on the Provision of FAPE or EIS. (Applicable to Part C 34 CFR 303.445, as well as Part B)

(1) Subject to paragraph A(2) of this section, a hearing officer's

determination of whether a child received FAPE must be based on

substantive grounds.

(2) In matters alleging a procedural violation, a hearing officer may find that a child did not receive a FAPE only if the procedural inadequacies--

(a) Impeded the child's right to a FAPE;

(b) Significantly impeded the parent's opportunity to participate in the decision-making process regarding the provision of a FAPE to the parent's child; or

(c) Caused a deprivation of educational benefit.

(3) Nothing in paragraph (A) of this section shall be construed to

preclude a hearing officer from ordering an SAU to comply with

procedural requirements under 34 CFR §§ 300.500 through 300.536 or of this rule.

B. Separate Request for a Due Process Hearing

A parent is permitted to file a separate due process hearing request on an issue separate from a due process hearing request already filed.

C. Findings and Decision to Advisory Panel and General Public. The Department , after deleting any personally identifiable information, shall --

(1) Transmit the findings and decisions referred to in Section XVI.A.(5) to the State advisory panel established under 34 CFR §300.167; and

(2) Make those findings and decisions available to the public.

[20 USC 1415(f)(3)(E) and (F), 1415(h)(4), 1415(o) and

34 CFR 300.513]

16. Finality of Decision; Appeal; Impartial Review

A. Finality of Hearing Decision

A decision made in a hearing conducted pursuant to §§ 300.507 through 300.513 or §§ 300.530 through 300.534 Sections XVI.5 through XVI.15 or Sections XVII.1 through XVII.5 is final, except that any party involved in the hearing may appeal the decision under [Section XV.19]

(Applicable to Part C 34 CFR 303.446, as well as Part B)

17. Timelines and Convenience of Hearings

A. Not later than 45 days after the expiration of the 30 day period under Section XVI.11.B , or the adjusted time periods described in Section XVI.11.C --

(1) A final decision shall be reached in the hearing; and

(2) A copy of the decision shall be mailed to each of the parties.

B. A hearing officer may grant specific extensions of time beyond the periods set out in paragraphs (A) of this section at the request of either party.

C. Each hearing involving oral arguments must be conducted at a time and place that is reasonably convenient to the parents and child involved. [20 USC 1415(f)(1)(B)(ii), 1415(g), 1415(i)(1)and 34 CFR .300.515]

(Applicable to Part C 34 CFR 3003.447, as well as Part B)

18. Attorneys' Fees

A. In general. (Only applies to Part B)

(1) In any action or proceeding brought under Section XVI.5 or XVI.19 , the court, in its discretion, may award reasonable attorneys' fees as part of the costs to--

(a) The prevailing party who is the parent of a child with a disability;

(b) To a prevailing party who is the Department or an SAU against the attorney of a parent who files a hearing request or subsequent cause of action that is frivolous, unreasonable, or without foundation, or against the attorney of a parent who continued to litigate after the litigation clearly became frivolous, unreasonable, or without foundation; or

(c) To a prevailing Department or SAU against the attorney of a parent, or against the parent, if the parent's request for a due process hearing or subsequent cause of action was presented for any improper purpose, such as to harass, to cause unnecessary delay, or to needlessly increase the cost of litigation.

B. Prohibition on Use of Funds

(1) Funds under Part B or Part C of the IDEA shall not be used to pay attorneys' fees or costs of a party related to any action or proceeding under section XVI.5 or XVI.19 .

(2) Paragraph (B)(1) of this section does not preclude the Department or SAU from using funds under Part B or Part C of the IDEA for conducting an action or proceeding under section XVI.5 or XVI.19 .

C. Award of Fees. A court that awards reasonable attorneys' fees under this section shall do so consistent with the following:

(1) Fees awarded under this section must be based on rates prevailing in the community in which the action or proceeding arose for the kind and quality of services furnished. No bonus or multiplier may be used in calculating the fees awarded under this paragraph.

(2)

(a) Attorneys' fees may not be awarded and related costs may not be reimbursed in any action or proceeding under this section for services performed subsequent to the time of a written offer of settlement to a parent if--

(i) The offer is made within the time prescribed by Rule 68 of the Federal Rules of Civil Procedure or, in the case of an administrative proceeding, at any time more than 10 days before the proceeding begins;

(ii) The offer is not accepted within 10 days; and

(iii) The court or administrative hearing officer finds that the relief finally obtained by the parents is not more favorable to the parents than the offer of settlement.

(b) Attorneys' fees may not be awarded relating to any meeting of the IEP Team unless the meeting is convened as a result of an administrative proceeding or judicial action, or for a mediation described in Section XVI.2 or XVI.3 .

(c) A meeting conducted pursuant to Section XVI.11 shall not be considered--

(i) A meeting convened as a result of an administrative hearing or judicial action; or

(ii) An administrative hearing or judicial action for purposes of this section.

(3) Notwithstanding paragraph (C)(2) of this section, an award of attorneys' fees and related costs may be made to a parent who is the prevailing party and who was substantially justified in rejecting the settlement offer.

(4) Except as provided in paragraph (C)(5) of this section, the court shall reduce, accordingly, the amount of the attorneys' fees awarded under this section , if the court finds that--

(a) The parent, or the parent's attorney, during the course of the action or proceeding, unreasonably protracted the final resolution of the controversy;

(b) The amount of the attorneys' fees otherwise authorized to be awarded unreasonably exceeds the hourly rate prevailing in the community for similar services by attorneys of reasonably comparable skill, reputation, and experience;

(c) The time spent and legal services furnished were excessive considering the nature of the action or proceeding; or

(d) The attorney representing the parent did not provide to the SAU the appropriate information in the due process request notice in accordance with Section XVI.6 .

(5) The provisions of paragraph (C)(4) of this section do not apply in any action or proceeding if the court finds that the Department or SAU unreasonably protracted the final resolution of the action or proceeding or there was a violation of section of the IDEA.

[20 USC 1415(i)(3)(B)-(G)and 34 CFR 300.517]

D. Responsibility for Attorneys’ Fees

(1) SAU expenses - Personnel expenses incurred by an SAU in the conduct of a hearing shall be considered allowable special education costs. All expenditures (such as fees, honoraria, and per diem expenses) by an SAU to personnel involved in a hearing shall be supported by contractual agreements between these personnel and the SAU. Attorneys’ fees and expenses for qualified special education or related services providers may be claimed as special education costs using only local or State funds. Funds under Part B and Part C of the Individuals with Disabilities Education Act may not be used to pay attorneys’ fees or costs of a party related to an action or proceeding under the procedural safeguards section of IDEA or Section XVI of this rule.

(2) Private expenses of hearing - Reasonable attorneys’ fees incurred by a parent related to a special education hearing shall be the responsibility of the SAU when the parent prevails in the special education hearing and when ordered by a court of appropriate jurisdiction. Attorneys’ fees shall be considered an allowable special education expenses using only local or State funds. Funds under Part B and Part C of the Individuals with Disabilities Education Act may not be used to pay attorneys’ fees or costs of a party related to an action or proceeding under the procedural safeguards section of IDEA or Section XVI of this rule.

(3) Public expenses of hearing - Impartial hearing officer expenses for due process hearings will be paid directly by the Department.

19. Civil Action

A. General. (Applies to Part C 34 CFR 303.448, as well as Part B)

Any party aggrieved by the findings and decision made under Sections XVI.5 through XVI.15 or Sections XVII.1 through XVII.15 has the right to bring a civil action with respect to the due process hearing request notice requesting a due process hearing under Section XVI.5 or Section XVII.1 through XVII.3 . The action may be brought in any State court of competent jurisdiction or in a district court of the United States without regard to the amount in controversy.

B. Time Limitation

The party bringing the action shall have 90 days from the date of the decision of the hearing officer to file a civil action.

C. Additional Requirements

In any action brought under paragraph (A) of this section, the court--

(1) Receives the records of the administrative proceedings;

(2) Hears additional evidence at the request of a party; and

(3) Basing its decision on the preponderance of the evidence, grants the relief that the court determines to be appropriate.

D. Jurisdiction of District Courts

The district courts of the United States have jurisdiction of actions brought under section 615 of the IDEA without regard to the amount in controversy.

E. Rule of Construction

Nothing in this part restricts or limits the rights, procedures, and remedies available under the Constitution, the Americans with Disabilities Act of 1990, title V of the Rehabilitation Act of 1973, or other Federal laws protecting the rights of children with disabilities, except that before the filing of a civil action under these laws seeking relief that is also available under the procedural safeguards section of the Act, the procedures under Section XVI.5 and Section XVI.16 must be exhausted to the same extent as would be required had the action been brought under the procedural safeguards section of the IDEA. [20 U.S.C. 1415(i)(2) and (3)(A), 1415(l)and 34 CFR 300.516]

F. If a party appeals a hearing decision, that party must send a copy of that appeal to the Department of Education Due Process Office at the same time as the appeal is filed with the court.

20. Child's Status during Proceedings

A. Except as provided in Section XVII.4 , during the pendency of any mediation or state complaint investigation request or administrative or judicial proceeding regarding a due process hearing request notice requesting a due process hearing under Section XVI.5 , unless the Department or SAU and the parents of the child agree otherwise, the child involved in the hearing request must remain in his or her current educational placement.

B. If the hearing request involves an application for initial admission to public school, the child, with the consent of the parents, must be placed in the public school until the completion of all the proceedings.

C. If the hearing request involves an application for initial services under this part from a child who is transitioning from Part C of the Act to Part B and is no longer eligible for Part C services because the child has turned three, the SAU is not required to provide the Part C services that the child had been receiving. If the child is found eligible for special education and related services under Part B and the parent consents to the initial provision of special education and related services under S ection V.1.A(4)(a)(ii) , then the SAU must provide those special education and related services that are not in dispute between the parent and the public agency.

D. If the hearing officer in a due process hearing agrees with the child's parents that a change of placement is appropriate, that placement must be treated as an agreement between the Department and the parents for purposes of paragraph A of this section. [20 USC 1415(j) and 34 CFR 300.518]

21. Appeal (Only applies to Part B)

A. General. The parent of a child with a disability who disagrees with any decision regarding placement under Sections XVII.1 and XVII.2 or the manifestation determination under Section XVII.E , or an SAU that believes that maintaining the current placement of the child is substantially likely to result in injury to the child or others, may appeal the decision by requesting a hearing. The hearing is requested by filing a complaint pursuant to Sections XVI.5 and XVI.6.A and B . [34 CFR 300.532(a)]

B. Authority of Hearing Officer

(1) A hearing officer under Section XVI.13 shall hear, and make a determination regarding an appeal under paragraph (A) of this section.

(2) In making the determination under paragraph (B)(1) of this section, the hearing officer may

(a) Return the child with a disability to the placement from which the child was removed if the hearing officer determines the removal was a violation of Section XVII.1 or that the child’s behavior was a manifestation of the child’s disability, or

(b) Order a change of placement of the child with a disability to an appropriate interim alternative educational setting for not more than 45 school days if the hearing officer determines that maintaining the current placement of the child is substantially likely to result in injury to the child or others.

(3) The procedures under paragraphs (A) and (B)(1) and (2) of this section may be repeated, if the SAU believes that returning the child to the original placement is substantially likely to result in injury to the child and to others. [34 CFR 300.532(b)]

C. Expedited Due Process HearingProcedure

(1) Whenever a hearing is requested under Section XVII.3.A , the parents or the SAU involved in the dispute must have an opportunity for an impartial due process hearing consistent with the requirements of Sections XVI.5 and XVI.6.A through C and Sections XVI.11 through XVI.16 , except as provided in paragraph (C)(2) through (4) of this section.

(2) The Department shall arrange for an expedited due process hearing, which shall occur within 20 school days of the date the complaint requesting the hearing is filed. The hearing officer shall make a determination within 10 school days after the hearing.

(3) Unless the parents and SAU agree in writing to waive the resolution meeting described in paragraph (C)(3)(a) of this section, or agree to use the mediation process described in Section XVI.3 —

(a) A resolution meeting must occur within seven days of receiving the parent’s request for a due process hearing ; and

(b) The due process hearing may proceed unless the matter has been resolved to the satisfaction of both parties within 15 days of the receipt of the due process complaint.

(4) Expedited Due Process Hearings shall only be available for persons who have been removed from school for disciplinary purposes and shall:

(a) Meet the hearing procedure described in this section except that the hearing officer may elect to limit the hearing to a single day for presentation of evidence, direct and cross-examination of witnesses, and rebuttal.

(b) The appointment of the hearing officer shall meet the requirements of Section XVI.13.C of this rule, (Impartial Hearing Officer), except that the time periods identified in Section XVI.14 of this rule, (Hearing Rights ) for disclosure of evidence shall, for purposes of expedited due process hearings, be not less than five business days.

(5) The decisions on expedited due process hearings are appealable consistent with Section XVI.16 . [20 USC 1415(k)(3) and (4)(B), 1415(f)(1)(A) and 34 CFR 300.532(c)]

22. Final Decision Notice

Every decision made at the conclusion of a proceeding subject to this rule shall be in writing and shall include findings of fact sufficient to apprise the parties and any interested member of the public of the basis for the decision.

A. Findings of Fact; Final Decision

The hearing officer shall issue the findings of fact and the final decision to all parties within 15 days after the conclusion of the hearing.

B. Transmittal of Record of Hearing

The hearing officer shall forward the complete record of the hearing, the findings of fact, and the final decision to the Due Process Coordinator within 15 days after the conclusion of the hearing. The Department will transmit the findings of fact and decision, after deleting personally identifiable information, to the Maine Advisory Panel on the Education of Children with Disabilities.

C. Appeal

Any party to the hearing may appeal the decision of the hearing officer to the Maine Superior Court or the Federal District Court. Federal law requires that such appeals be brought in Maine Superior Court or Federal District Court within 90 days of the receipt of the decision of the hearing officer. An appeal may be filed in Maine Superior Court for the county in which the student resides or the county in which the administrative unit is located. If a party serves an appeal to court of a hearing decision, that party must send a copy of that appeal to the Department of Education Due Process Office at the same time as the appeal is served to the court.

D. Compliance

The SAU shall submit to the Commissioner, within 45 days of the date the unit receives the final decision, documentation that the unit has complied with the decision or that an appeal is pending.

E. Enforcement

If the SAU refuses to comply with a hearing decision and neither party appeals the decision, the Commissioner shall initiate enforcement action. (20-A MRSA §§6801-A and 7206)

23. Hearing Record

In proceedings subject to this rule, the hearing officer shall make a record consisting of:

A. All papers filed and evidence received or considered;

B. A statement of facts officially noticed;

C Offers of proof, objections and rulings thereon;

D. Findings of fact; and

E. The final decision.

The Commissioner shall retain the entire record of the hearing.

XVII. DISCIPLINE OF CHILDREN WITH DISABILITIES

1. Authority of School Personnel [34 CFR 300.530]

A. Case-by-case Determination

School personnel may consider any unique circumstances on a case-by-case basis when determining whether a change in placement, consistent with the other requirements of this section, is appropriate for a child with a disability who violates a code of student conduct.

B. General

(1) School personnel under this section may remove a child with a disability who violates a code of student conduct from his or her current placement to an appropriate interim alternative educational setting, another setting, or suspension, for not more than 10 consecutive school days (to the extent those alternatives are applied to children without disabilities), and for additional removals of not more than 10 consecutive school days in that same school year for separate incidents of misconduct (as long as those removals do not constitute a change of placement under §300.536).

(2) After a child with a disability has been removed from his or her current placement for 10 school days in the same school year, during any subsequent days of removal the public agency must provide services to the extent required under paragraph (D) of this section.

C. Additional Authority

For disciplinary changes in placement that would exceed 10 consecutive school days, if the behavior that gave rise to the violation of the school code is determined not to be a manifestation of the child’s disability pursuant to paragraph (E) of this section, school personnel may apply the relevant disciplinary procedures to children with disabilities in the same manner and for the same duration as the procedures would be applied to children without disabilities, except as provided in paragraph (D) of this section.

D. Services

(1) A child with a disability who is removed from the child’s current placement pursuant to paragraphs (C), or (G) of this section must—

(a) Continue to receive educational services, as provided in §300.101(a), so as to enable the child to continue to participate in the general education curriculum, although in another setting, and to progress toward meeting the goals set out in the child’s IEP; and

(b) Receive, as appropriate, a functional behavioral assessment, and behavioral intervention services and modifications, that are designed to address the behavior violation so that it does not recur.

(2) The services required by paragraph (D)(1), (D)(3), (D)(4), and (D)(5) of this section may be provided in an interim alternative educational setting.

(3) A public agency is only required to provide services during periods of removal to a child with a disability who has been removed from his or her current placement for 10 school days or less in that school year, if it provides services to a child without disabilities who is similarly removed.

(4) After a child with a disability has been removed from his or her current placement for 10 school days in the same school year, if the current removal is for not more than 10 consecutive school days and is not a change of placement under §300.536, school personnel, in consultation with at least one of the child’s teachers, determine the extent to which services are needed, as provided in

§300.101(a), so as to enable the child to continue to participate in the general education curriculum, although in another setting, and to progress toward meeting the goals set out in the child’s IEP.

(5) If the removal is a change of placement under §300.536, the child’s IEP Team determines appropriate services under paragraph (D)(1) of this section.

E. Manifestation Determination

(1) Within 10 school days of any decision to change the placement of a child with a disability because of a violation of a code of student conduct, the SAU, the parent, and relevant members of the child’s IEP Team (as determined by the parent and the SAU) must review all relevant information in the student’s file, including the child’s IEP, any teacher observations, and any relevant information provided by the parents to determine—

(a) If the conduct in question was caused by, or had a direct and substantial relationship to, the child’s disability; or

(b) If the conduct in question was the direct result of the SAU’s failure to implement the IEP.

(2) The conduct must be determined to be a manifestation of the child’s disability if the SAU, the parent, and relevant members of the child’s IEP Team determine that a condition in either paragraph (E)(1)(a) or (1)(b) of this section was met.

(3) If the SAU, the parent, and relevant members of the child’s IEP Team determine the condition described in paragraph (E)(1)(b) of this section was met, the SAU must take immediate steps to remedy those deficiencies.

F. Determination that Behavior Was a Manifestation

If the SAU, the parent, and relevant members of the IEP Team make the determination that the conduct was a manifestation of the child’s disability, the IEP Team must—

(1) Either—

(a) Conduct a functional behavioral assessment, unless the SAU had conducted a functional behavioral assessment before the behavior that resulted in the change of placement occurred, and implement a behavioral intervention plan for the child; or

(b) If a behavioral intervention plan already has been developed, review the behavioral intervention plan, and modify it, as necessary, to address the behavior; and

(2) Except as provided in paragraph (G) of this section, return the child to the placement from which the child was removed, unless the parent and the SAU agree to a change of placement as part of the modification of the behavioral intervention plan.

G. Special Circumstances

School personnel may remove a student to an interim alternative educational setting for not more than 45 school days without regard to whether the behavior is determined to be a manifestation of the child’s disability, if the child—

(1) Carries a weapon to or possesses a weapon at school, on school premises, or to or at a school function under the jurisdiction of an SEA or an SAU;

(2) Knowingly possesses or uses illegal drugs, or sells or solicits the sale of a controlled substance, while at school, on school premises, or at a school function under the jurisdiction of an SEA or an SAU; or

(3) Has inflicted serious bodily injury upon another person while at school, on school premises, or at a school function under the jurisdiction of an SEA or an SAU.

H. Notification

On the date on which the decision is made to make a removal that constitutes a change of placement of a child with a disability because of a violation of a code of student conduct, the SAU must notify the parents of that decision, and provide the parents the procedural safeguards notice described in §300.504.

(1) Definitions

(a)For purposes of this section, the following definitions apply:

(i) Controlled substancemeans a drug or other substance identified under schedules I, II, III, IV, or V in section 202(c) of the Controlled Substances Act (21 U.S.C. 812(c)).

(ii) Illegal drugmeans a controlled substance; but does not include a controlled substance that is legally possessed or used under the supervision of a licensed health-care professional or that is legally possessed or used under any other authority under that Act or under any other provision of Federal law.

(iii) Serious bodily injuryhas the meaning given the term serious bodily injury under paragraph (3) of subsection (H) of section 1365 of title 18, United States Code.

(iv) Weaponhas the meaning given the term dangerous weapon under paragraph (2) of the first subsection (G) of section 930 of title 18, United States Code. (Authority: 20 U.S.C. 1415(k)(1) and (7))

2. Determination of Setting [34 CFR 300.531]

The child’s IEP Team determines the interim alternative educational setting for services under §300.530(c), (d)(5), and (g).

3. Appeal [34 CFR 300.532]

A.General

The parent of a child with a disability who disagrees with any decision regarding placement under §§ 300.530 and 300.531, or the manifestation determination under §300.530(e), or an SAU that believes that maintaining the current placement of the child is substantially likely to result in injury to the child or others, may appeal the decision by requesting a hearing. The hearing is requested by filing a complaint pursuant to §§ 300.507 and 300.508(a) and (b).

B. Authority of Hearing Officer

(1) A hearing officer under §300.511 hears, and makes a determination regarding an appeal under paragraph (A) of this section.

(2) In making the determination under paragraph (B)(1) of this section, the hearing officer may—

(a) Return the child with a disability to the placement from which the child was removed if the hearing officer determines that the removal was a violation of §300.530 or that the child’s behavior was a manifestation of the child’s disability; or

(b) Order a change of placement of the child with a disability to an appropriate interim alternative educational setting for not more than 45 school days if the hearing officer determines that maintaining the current placement of the child is substantially likely to result in injury to the child or to others.

(3) The procedures under paragraphs (A) and (B)(1) and (2) of this section may be repeated, if the SAU believes that returning the child to the original placement is substantially likely to result in injury to the child or to others.

C. Expedited Due Process Hearing

(1) Whenever a hearing is requested under paragraph (A) of this section, the parents or the SAU involved in the dispute must have an opportunity for an impartial due process hearing consistent with the requirements of §§ 300.507 and 300.508(a) through (c) and §§ 300.510 through 300.514, except as provided in paragraph (C)(2) through (4) of this section.

(2) The SEA or SAU is responsible for arranging the expedited due process hearing, which must occur within 20 school days of the date the complaint requesting the hearing is filed. The hearing officer must make a determination within 10 school days after the hearing.

(3) Unless the parents and SAU agree in writing to waive the resolution meeting described in paragraph (C)(3)(a) of this section, or agree to use the mediation process described in §300.506—

(a) A resolution meeting must occur within seven days of receiving notice of the due process complaint; and

(b) The due process hearing may proceed unless the matter has been resolved to the satisfaction of both parties within 15 days of the receipt of the due process complaint.

(4) A State may establish different State-imposed procedural rules for expedited due process hearings conducted under this section than it has established for other due process hearings, but, except for the timelines as modified in paragraph (C)(3) of this section, the State must ensure that the requirements in §§ 300.510 through 300.514 are met. [Section XVI.21.C(6)(a) and (b)]

(5) The decisions on expedited due process hearings are appealable consistent with §300.514.

4. Placement during Appeals [34 CFR 300.533]

When an appeal under §300.532 has been made by either the parent or the SAU, the child must remain in the interim alternative educational setting pending the decision of the hearing officer or until the expiration of the time period specified in §300.530(c) or (g), whichever occurs first, unless the parent and the SEA or SAU agree otherwise.

5. Protections for Children Not Determined Eligible for Special Education and Related Services [34 CFR 300.534]

A.General

A child who has not been determined to be eligible for special education and related services under this part and who has engaged in behavior that violated a code of student conduct, may assert any of the protections provided for in this part if the public agency had knowledge (as determined in accordance with paragraph (B) of this section) that the child was a child with a disability before the behavior that precipitated the disciplinary action occurred.

B. Basis of Knowledge

A public agency must be deemed to have knowledge that a child is a child with a disability if before the behavior that precipitated the disciplinary action occurred—

(1) The parent of the child expressed concern in writing to supervisory or administrative personnel of the appropriate educational agency, or a teacher of the child, that the child is in need of special education and related services;

(2) The parent of the child requested an evaluation of the child pursuant to §§ 300.300 through 300.311; or

(3) The teacher of the child, or other personnel of the SAU, expressed specific concerns about a pattern of behavior demonstrated by the child directly to the director of special education of the agency or to other supervisory personnel of the agency.

C. Exception

A public agency would not be deemed to have knowledge under paragraph (B) of this section if—

(1) The parent of the child—

(a) Has not allowed an evaluation of the child pursuant to

§§ 300.300 through 300.311; or

(b) Has refused services under this part; or

(2) The child has been evaluated in accordance with §§ 300.300 through 300.311 and determined to not be a child with a disability under this part.

D. Conditions that Apply If No Basis of Knowledge

(1) If a public agency does not have knowledge that a child is a child with a disability (in accordance with paragraphs (B) and (C) of this section) prior to taking disciplinary measures against the child, the child may be subjected to the disciplinary measures applied to children without disabilities who engage in comparable behaviors consistent with paragraph (D)(2) of this section.

(2)

(a) If a request is made for an evaluation of a child during the time period in which the child is subjected to disciplinary measures under §300.530, the evaluation must be conducted in an expedited manner.

(b) Until the evaluation is completed, the child remains in the educational placement determined by school authorities, which can include suspension or expulsion without educational services.

(c) If the child is determined to be a child with a disability, taking into consideration information from the evaluation conducted by the agency and information provided by the parents, the agency must provide special education and related services in accordance with this part, including the requirements of §§ 300.530 through 300.536 and section 612(a)(1)(A) of the Act.

6. Referral to and Action by Law Enforcement and Judicial Authorities. [34 CFR 300.535]

A. Rule of Construction

Nothing in this part prohibits an agency from reporting a crime committed by a child with a disability to appropriate authorities or prevents State law enforcement and judicial authorities from exercising their responsibilities with regard to the application of Federal and State law to crimes committed by a child with a disability.

B. Transmittal of Records

(1) An agency reporting a crime committed by a child with a disability must ensure that copies of the special education and disciplinary records of the child are transmitted for consideration by the appropriate authorities to whom the agency reports the crime.

(2) An agency reporting a crime under this section may transmit copies of the child’s special education and disciplinary records only to the extent that the transmission is permitted by the Family Educational Rights and Privacy Act.

7. Change of Placement Because of Disciplinary Removals [34 CFR 300.536]

A. For purposes of removals of a child with a disability from the child’s current educational placement under §§ 300.530 through 300.535, a change of placement occurs if—

(1) The removal is for more than 10 consecutive school days; or

(2) The child has been subjected to a series of removals that constitute a pattern—

(a) Because the series of removals total more than 10 school days in a school year;

(b) Because the child’s behavior is substantially similar to the child’s behavior in previous incidents that resulted in the series of removals; and

(c) Because of such additional factors as the length of each removal, the total amount of time the child has been removed, and the proximity of the removals to one another.

B.

(1) The public agency determines on a case-by-case basis whether a pattern of removals constitutes a change of placement.

(2) This determination is subject to review through due process and judicial proceedings.

8. State Enforcement Mechanisms

For enforcement of a written agreement reached as a result of mediation or resolution meeting, the SEA offers to parents and adult students the State complaint investigation procedure. The State complaint investigation procedure is not mandatory and will not delay or deny a party the right to seek enforcement of the written mediation agreement or resolution meeting agreement in a court of competent jurisdiction or in a district court of the United States. [34 CFR 300.537 provides the State the option of including enforcement.]

XVIII. SPECIAL EDUCATION FINANCE

1. Special Education Finances: State Subsidy and Direct Payments

A. General Principles; Intermediate Educational Unit and School Administrative Unit Responsibility

CDS:

For the CDS regional sites the CDS State IEU Allocation Methodology governs the distribution of annual grant awards from available funds to regional intermediate educational units in accordance with an allocation methodology to ensure the provision of child find, early intervention services for eligible children birth to under age 3, and special education and related services for eligible children three to under age 6 with disabilities and their families.

The purpose of the allocation methodology is to distribute available funds based on objective statistical methods of allocation that reflect site needs related to personnel and to children to be served. The allocation methodology distributes available funds from federal Part B, §619, federal Part C and State General Fund, including Medicaid Targeted Case Management (TCM) cost reimbursement to the regional sites, or to local educational agencies functioning as pilot sites. Medicaid cost reimbursement for direct services is also accounted for.

The allocation methodology includes consideration of the costs associated with the following functions: administration; child find; case management; and provision of mandated services to eligible children. The allocation methodology takes into consideration other factors, which include the statewide population of children from birth under age 6; Child Count; the Medicaid eligibility rate; and cost containment measures. The total allocations made under the allocation methodology may not exceed funds allocated or appropriated to the program.

SAUs for Children 5-22:

School administrative units are generally responsible for financing the special education services to children with disabilities age five to twenty-two in the first instance, with subsidy payments from the State made pursuant to 20-A MRSA §15681-A and with local property taxes.

Beginning in fiscal year 2005-06, a SAU receives an additional weight of at least 1.20 but not greater than 1.40 for each special education child identified on the annual December 1st Child Count as required by the federal Individuals with Disabilities Education Act for the most recent year, up to a maximum of 15% of the SAU’s resident pupils as determined under 20-A MRSA §15674, subsection 1, paragraph C, subparagraph (1). For those school administrative units in which the annual December 1st Child Count for the most recent year is less than 15% of the school administrative unit’s resident pupils as determined under 20-A MRSA §15674, subsection 1, paragraph C, subparagraph (1), the special education Child Count percentage may not increase more than 0.5% in any given year, up to a maximum of 1.0% in any given 3-year period. For each special education child above the 15% maximum, the unit receives an additional weight of .38. In addition, each school administrative unit must receive additional funds:

(1) For lower staff-student ratios and expenditures for related services for SAUs with fewer than 20 special education children identified on the annual December 1st^t Child Count as required by the federal Individuals with Disabilities Education Act for the most recent year;

(2) For high-cost in-district special education placements. Additional funds must be allocated for each child estimated to cost 3 times the statewide special education EPS per-pupil rate. The additional funds for each child must equal the amount by which that student’s estimated costs exceed 3 times the statewide special education EPS per-pupil rate;

(3) For high-cost out-of-district special education placements. Additional funds must be allocated for each child estimated to cost 4 times the statewide special EPS per-pupil rate. The additional funds for each child must equal the amount by which that student’s estimated costs exceed 4 times the statewide special education EPS per-pupil rate; and

(4) To ensure the SAU meets the federal maintenance of effort requirement for receiving federal Individuals with Disabilities Education Act funds.

B. Essential Program and Services Funding Act: Allowable Special Education Costs

(1) The salary and benefit costs of qualified professional personnel, Educational Technicians, clerical staff or qualified independent contractors providing special education services or related services.

(2) The costs of tuition, board, and special education services paid to other SAUs or private schools which have been approved by the Commissioner for the provision of special education and related services as reported on the EF-S-07 Report.

C. Costs of Qualified Personnel

The salary and benefit costs for qualified educational personnel shall be funded in part by the Department to the extent that these personnel are assigned to special education functions. The personnel providing early intervention services must meet qualifications that are consistent with any state-approved or recognized certification, licensing, registration, or other comparable requirements that apply to the area in which such personnel are providing early intervention services.

(1) Certified Educational Personnel

For B-5 special education teachers shall have a #282 certificate.

For 5-22:

These shall include administrators, teachers and educational specialists assigned to provide or administer special education services:

Department of Education Certificate Title

Administrator of Special Education

#030

Assistant Administrator of Special Education

#035

Special Education Consultant

#079

School Psychologist

#093

Vocational Education Evaluator

#094

Speech & Hearing Clinician

#293

*School Nurse ***

#524

Teacher of Students w/ Disabilities

#282

Teacher - Severe Impairments

#286

Teacher - Hearing Impairments

#292

Teacher - Visual Impairments

#291

Adapted Physical Education

#515

**Only as is necessary as identified on the child’s Individualized Education Program (IEP).

School units may not report as program costs the salaries or benefits (full or prorated) of regular classroom teachers, administrators or educational specialists (such as guidance counselors) that provide instruction and services to children with disabilities in the same manner as to all other children.

(2) Auxiliary Staff

These shall include those Educational Technicians I, II, and III approved by the Department’s Office of Certification and assigned full-time or part-time to provide special education services. The salaries or benefits (full or partial) of persons who are assigned as Educational Technicians in regular classrooms and are not providing direct services to children with disabilities within those classrooms, are not allowable special education costs.

(3) Licensed or Credentialed Providers

These shall include those persons licensed or credentialed by appropriate state or national agencies to provide related services to children with disabilities.

(a) Qualified Licensed or Credentialed Providers

Job Title

Licensing Authority

Audiologists

Maine Board of Speech, Audiology and Hearing

Interpreter / Transliterator

Office of Licensing and Registration, Department of Professional and Financial Regulation

Licensed Clinical Professional Counselors

Licensed Marriage and Family Therapists

Maine Board of Counseling Professionals Licensure

Occupational Therapists and Occupational Therapy Aides

Maine Board of Examiners of Occupational Therapy Practice

Physical Therapists and Physical Therapist Assistants

Maine Board of Examiners of Physical Therapy

Psychologists

Maine Board of Examiners of Psychologists

Social Workers

Maine Board of Social Workers Licensure

Speech-Language Pathologists, Speech-Language Pathology Aides and Assistants

Maine Board of Speech, Audiology and Hearing

Certified Employment Specialist

Association of Community Rehabilitation Educators (ACRE) Note: Must also hold Educational Technician III authorization through the Maine Department of Education

Board Certified Behavior Analyst

Behavior Analyst Certification Board

Certified Assistive Technology Professional

Rehabilitation Engineering and Assistive Technology Society of North America

Orientation and Mobility Specialist

Academy for Certification of Vision Rehabilitation and Education Professionals

Recreation Therapist

National Council for Therapeutic Recreation Certification

(b) Required Procedures for Contracted Special Education Services.

(i) Use of independent contractors - If the IEP Team determines that the provision of special education or related services is necessary to identify or provide for a child's special education needs and if the provider of such special education or related services is not an employee of the SAU, such services shall be provided in accordance with the terms of a written contract approved by the superintendent or the State IEU.

(ii) Contracts – SAUs shall negotiate a written contract with any individual or agency from which they wish to obtain special education or related services.

The following information shall be included in each contract:

(I) Total costs for services, listed in detail;

(II) Nature and extent of consultation and/or evaluation services to be provided;

(III) The name, social security number, and certification/licensure of the provider;

(IV) Provision for the proration of charges and payments; and

(V) Provision for the timely exchange of essential information and individual student reports between the provider and the sending unit.

(iii) Credentials of independent contractors - When contracted special education or related services are provided to children, the provider shall be certified by the Department of Education or hold a valid Maine license or other appropriate credential as identified in Section XVIII.1.C(3)(a) above to practice in any of the areas identified in that section.

Contracted consultants who do not possess either certification or licensure, as described in paragraph (b)(iii) above, shall not provide special education and related services without prior written approval from the Department of Education.

Fingerprinting is required for all contracted providers.

(c) Annual Report of Contracted Services

School units shall annually report all contracted special education service providers on the "Contracted Services Report" (EF-S-03 form) in the manner required by the Commissioner.

(d) Payment for Contracted Services

Payment for services by school administrative units to qualified licensed contractors may be the Medicaid rate paid for comparable services and must be considered payment in full. The payment for psychological service providers may be the Medicaid rate that is provided for psychologists.

(e) If a school administrative unit is unable to find a qualified licensed contractor at the Medicaid rate for comparable services, the first priority of the school administrative unit must be to ensure the provision of free, appropriate public education for eligible children, and the second priority of the school administrative unit must be to enter into a short-term contract with a qualified licensed contractor. The Department of Education shall provide guidance to school administrative units on the procedures that must be followed when a qualified licensed contractor is not available at or below the Medicaid rate ceiling for comparable services.

D. State Payment for State Agency Clients

Special education costs for state agency clients shall be paid by the Department in the year of allocation at 100 percent of actual costs in accordance with 20-A MRSA §15689-A. Administrative units seeking state payment for state agency clients shall submit Forms EF-S- 01, EF-S-04A and EF-S-04B in the manner required by the Commissioner.

E. Special Education Services Reporting

Annual report of allowable special education expenses shall be made following the close of each fiscal year using the MEDMS Financial System in accordance with the accompanying instructions and with provisions of the Essential Program and Services Funding Act.

F. Reconciliation of Audit Findings

The annual audit of SAUs shall determine whether a SAU which receives tuitioned children with disabilities has generated a surplus of income over allowable costs or incurred a deficit. The Commissioner may require a rebate to sending units or additional tuition payments from sending units in such cases or require such other arrangements as are deemed equitable where the audit reveals that reports were made in error.

G. Use of Third-Party Funding

(1) Nothing in these regulations or the regulations implementing the Individuals with Disabilities Education Act (20 U.S.C. §1400 et seq.) is intended to relieve an insurer, Maine Care or other third party, from an otherwise valid obligation to provide or pay for services to a child with a disability.

(2) Children with disabilities ages 3-22 who are covered by public insurance.

(a) A public agency may use the Medicaid or other public benefits or insurance programs in which a child participates to provide or pay for services required under this rule, as permitted under the public insurance program, except as provided in paragraph (2)(b) of this section.

(b) With regard to services required to provide free appropriate public education to an eligible child under this rule, the SAU.may not require parents to sign up for or enroll in public benefits or insuranceprograms in order for their child to receive FAPE under Part B of IDEA and may not require parents to incur an out-of-pocket expense such as the payment of a deductible or co-pay amount incurred in filing a claim for services, but may pay the cost the parents otherwise would be required to pay.The SAUmay not use a child’s benefits under a public benefits or insurance program if that use would decrease available lifetime coverage or any other insured benefit; would result in the family paying for services that would otherwise be covered by the public insurance program and that are required for the child outside of the time the child is in school; would increase premiums or lead to the discontinuationof benefits or insurance; or would risk loss of eligibility for home and community-based waivers, based on aggregate health-relatedexpenditures;

Prior to accessing a child’s or parent’s public benefits or insurance for the first time, and after providing notification to the child's parents consistent with §300.154(d)(2)(v), must obtain written, parental consent that--

(A) Meets the requirements of §99.30 of this title and §300.622, which consent must specify the personally identifiable information that may be disclosed (e.g., records or information about the services that may be provided to a particular child), the purpose of the disclosure (e.g., billing for services under part 300), and the agency to which the disclosure may be made (e.g., the State’s public benefits or insurance program (e.g., Medicaid)); and

(B) Specifies that the parent understands and agrees that the public agency may access the parent’s or child’s public benefits or insurance to pay for services under part 300.

Prior to accessing a child’s or parent’s public benefits or insurance for the first time, and annually thereafter, must provide written notification, consistent with §300.503(c), to the child’s parents, that includes--

(A) A statement of the parental consent provisions in §300.154(d)(2)(iv)(A)-(B);

(B) A statement of the “no cost” provisions in §300.154(d)(2)(i)-(iii);

(C) A statement that the parents have the right under 34 CFR part 99 and part 300 to withdraw their consent to disclosure of their child’s personally identifiable information to the agency responsible for the administration of the State’s public benefits or insurance program (e.g., Medicaid) at any time; and

(D) A statement that the withdrawal of consent or refusal to provide consent under 34 CFR part 99 and part 300 to disclose personally identifiable information to the agency responsible for the administration of the State’s public benefits or insurance program (e.g., Medicaid) does not relieve the public agency of its responsibility to ensure that all required services are provided at no cost to the parents.

(3) Children with disabilities ages 3-22 who are covered by private insurance

(a) With regard to services required to provide FAPE to an eligible child under these rules, the SAU may access a parent’s private insurance proceeds only if the parent provides informed consent consistent with Section XV of this rule.

(b) Each time the SAU proposes to access the parent’s private insurance proceeds, it must obtain parental consent in accordance with these rules; and inform the parents that their refusal to permit the public agency to access their private insurance does not relieve the SAU of its responsibility to ensure that all required services are provided at no cost to the parents.

(4) Policies related to use of public benefits or insurance or private insurance to pay for Part C (B-2) services

(a) Use of public benefits or public insurance to pay for Part C services.

(1) A State may not use the public benefits or insurance of a child or parent to pay for part C services unless the State provides written notification, consistent with §303.520(a)(3), to the child’s parents, and the State meets the no-cost protections identified in paragraph (a)(2) of this section.

(2) With regard to using the public benefits or insurance of a child or parent to pay for part C services, the State—

(i) May not require a parent to sign up for or enroll in public benefits or insurance programs as a condition of receiving part C services and must obtain consent prior to using the public benefits or insurance of a child or parent if that child or parent is not already enrolled in such a program;

(ii) Must obtain consent, consistent with §§ 303.7 and 303.420(a)(4), to use a child’s or parent’s public benefits or insurance to pay for part C services if that use would—

(A) Decrease available lifetime coverage or any other insured benefit for that child or parent under that program;

(B) Result in the child’s parents paying for services that would otherwise be covered by the public benefits or insurance program;

(C) Result in any increase in premiums or discontinuation of public benefits or insurance for that child or that child’s parents; or

(D) Risk loss of eligibility for the child or that child’s parents for home and community-based waivers based on aggregate health-related expenditures.

(iii) If the parent does not provide consent under paragraphs (a)(2)(i) or (a)(2)(ii) of this section, the State must still make available those part C services on the IFSP to which the parent has provided consent.

(3) Prior to using a child’s or parent’s public benefits or insurance to pay for part C services, the State must provide written notification to the child’s parents. The notification must include—

(i) A statement that parental consent must be obtained under §303.414, if that provision applies, before the State lead agency or EIS provider discloses, for billing purposes, a child’s personally identifiable information to the State public agency responsible for the administration of the State’s public benefits or insurance program ( e.g., Medicaid);

(ii) A statement of the no-cost protection provisions in §303.520(a)(2) and that if the parent does not provide the consent under §303.520(a)(2), the State lead agency must still make available those part C services on the IFSP for which the parent has provided consent;

(iii) A statement that the parents have the right under §303.414, if that provision applies, to withdraw their consent to disclosure of personally identifiable information to the State public agency responsible for the administration of the State’s public benefits or insurance program ( e.g., Medicaid) at any time; and

(iv) A statement of the general categories of costs that the parent would incur as a result of participating in a public benefits or insurance program (such as co-payments or deductibles, or the required use of private insurance as the primary insurance).

(4) If a State requires a parent to pay any costs that the parent would incur as a result of the State’s using a child’s or parent’s public benefits or insurance to pay for part C services (such as copayments or deductibles, or the required use of private insurance as the primary insurance), those costs must be identified in the State’s system of payments policies under §303.521 and included in the notification provided to the parent under paragraph (a)(3) of this section; otherwise, the State cannot charge those costs to the parent.

(b) Use of private insurance to pay for Part C services.

(1) (i) The State may not use the private insurance of a parent of an infant or toddler with a disability to pay for part C services unless the parent provides parental consent, consistent with §§ 303.7 and 303.420(a)(4), to use private insurance to pay for part C services for his or her child or the State meets one of the exceptions in paragraph (b)(2) of §303.520. This includes the use of private insurance when such use is a prerequisite for the use of public benefits or insurance. Parental consent must be obtained—

(A) When the lead agency or EIS provider seeks to use the parent’s private insurance or benefits to pay for the initial provision of an early intervention service in the IFSP; and

(B) Each time consent for services is required under §303.420(a)(3) due to an increase (in frequency, length, duration, or intensity) in the provision of services in the child’s IFSP.

(ii) If a State requires a parent to pay any costs that the parent would incur as a result of the State’s use of private insurance to pay for early intervention services (such as co-payments, premiums, or deductibles), those costs must be identified in the State’s system of payments policies under §303.521; otherwise, the State may not charge those costs to the parent.

(iii) When obtaining parental consent required under paragraph (b)(1)(i) of this section or initially using benefits under a child or parent’s private insurance policy to pay for an early intervention service under paragraph (b)(2) of §303.520, the State must provide to the parent a copy of the State’s system of payments policies that identifies the potential costs that the parent may incur when their private insurance is used to pay for early intervention services under this part (such as co-payments, premiums, or deductibles or other long-term costs such as the loss of benefits because of annual or lifetime health insurance coverage caps under the insurance policy).

(c) Inability to pay. If a parent or family of an infant or toddler with a disability is determined unable to pay under the State’s definition of inability to pay under §303.521(a)(3) [system of payments and fees] and does not provide consent under paragraph (b)(1), the lack of consent may not be used to delay or deny any services under this part to that child or family. 34 CFR 303.520

H. Local Entitlement Funds

Each SAU providing special education services to children with disabilities is eligible to receive federal "local entitlement" funds upon the Department's approval of the SAU's application (Form EF-S-08) for such funding. Applications shall be submitted in the manner required by the Commissioner. The Department shall respond within a reasonable period of the receipt of each such application.

I. Other Agency Responsibility

The Department is responsible for ensuring that children with disabilities who are eligible for special education services are provided a free appropriate public education and that all educational programs for children with disabilities in the State, including any such programs administered by any other state or local agency, are under the general supervision of the Department and meet the standards contained in these regulations.

Nothing in these rules relieves any other public agency, including the Maine Department of Health and Human Services, the Department of Labor, and Bureau of Vocational Rehabilitation or the Department of Corrections, of the responsibility to provide or pay for any early intervention, special education or related service that the agency would otherwise provide to children with disabilities who meet the eligibility criteria of that agency.

Responsibility for services, dispute resolution, and any reimbursement of cost to the Department or local agency shall be governed by Interagency Agreements and the Interagency Dispute Resolution Process,

If a public agency other than an educational agency fails to provide or pay for the special education and related services, the SAU shall provide or pay for these services to the student in a timely manner. The SAU may then claim reimbursement for the services from the non-educational public agency that failed to provide or pay for these services and that agency shall reimburse the SAU in accordance with the terms of the interagency agreement.

2. Special Education Finances: Public School Tuition Computations

A. General Principles

SAUs may, in accordance with this rule, provide special education services to its children by tuitioning them to another SAU. The receiving SAU shall charge a special education tuition rate for those services, which rate shall be based upon the allowable costs of special education and related services and shall not exceed the actual per pupil costs for these services.

B. Allowable Costs

The allowable costs for computation of special education tuition rates shall be the same as those used in computation of tuition rates for children in regular education: all special education costs except for costs of community services, capital outlay, debt retirement, tuition and transportation.

C. Computation of Tuition Rates

The special education tuition rate for each SAU receiving tuitioned children with disabilities shall be determined by dividing the sum of the allowable expenditures by the average daily enrollment of children. The allowable expenditures used in computing tuition of an on-going public school special education service shall be based on the prior year expenditures, and the average daily enrollment of children shall be based on the actual number of children receiving special education services enrolled in the SAU for the prior school year.

D. Tuition Rates for New Programs

In the case of a new public special education program that receives tuitioned children, the tuition shall be computed by dividing the estimated allowable expenditures by the estimated average daily enrollment of children receiving special education services.

E. Regular Tuition Costs and Allowable Costs

If the SAU pays a regular tuition, as calculated under 20-A MRSA Chapter 219, plus an additional amount for allowable special education services for a child, only the additional amount for allowable special education services shall be considered a special education expenditure.

3. Special Education Finance: Private School Tuition Computations, Approval Procedures

A. General Principles

Special purpose private schools and general purpose private schools may, in accordance with this rule, provide special education services to children with disabilities and receive tuition payments for such services from SAUs or the Department. In order to receive public funds, a private school shall comply with 20-A MRSA Chapter 117, sub-chapter 2.

B. Annual Year-End Reports

Each special purpose private school shall file an EF-S-10 Year-End Report with the Department in the format required by the Commissioner. All requested information pertaining to actual revenues, expenditures, and enrollments and, where applicable, estimates shall be provided within the specified time limits.

C. Tuition Computation: Special Purpose Private Schools

The daily tuition rate at a special purpose private school shall be the sum of allowable expenditures divided by the number of student days. For purposes of this computation:

(1) Allowable expenditures, calculated for the fiscal year (July 1 to June 30) immediately before the fiscal year for which the tuition rate is computed, include only the following:

• 1. Compensation of employees for the time spent on, and specifically identified as related to, the development and/or implementation of individualized educational programs; 2. Costs of materials acquired, consumed, or expended specifically for the development and/or implementation of individualized educational programs;

Equipment and other approved capital expenditures necessary for the development and/or implementation of individualized educational programs;

Travel expenses incurred specifically for the development and/or implementation of individualized educational programs; and

Indirect costs necessary for the development and/or implementation of individualized educational programs;

(2) The number of student days, calculated for the fiscal year immediately before the fiscal year for which the tuition rate is computed, is the sum of the days on which instruction was provided in accordance with the school’s calendar;

(3) The allowable expenditures calculated in accordance with paragraph (1) shall be divided by the number of student days calculated in accordance with paragraph (2);

(3-A) Each SAU shall pay the daily tuition rate calculated above for the total number of student days, regardless of whether the student is in attendance each day, with the following exception: the IEP Team determines whether a student attends during ESY/full-year programming; if the IEP Team decides a student doesn’t need ESY/full-year programming, the SAU is not required to pay the daily tuition rate for any day that falls outside the student’s program year (e.g. during the summer months).

NOTE: The calculation of the daily tuition rate does not change based on whether a student attends during the typical school year only or beyond the typical school year through ESY or full-year programming. The only change is to the number of days for which the SAU is required to pay tuition.

(4) For each year, the tuition rate for each special purpose private school shall be capped at its rate for the previous fiscal year plus the median change in the sum of allowable expenditures of all State of Maine approved special purpose private schools for the 2 fiscal years immediately before the year for which the tuition rate is computed; this is known as the adjustment factor.

(a) In a year in which the median change is negative, the special purpose private schools with rates more than one standard deviations lower than the mean will not be subject to a further negative adjustment;

(b) In a year in which the median change is positive, the special purpose private schools with rates more than one standard deviation higher than the mean shall be capped at the rate for the previous fiscal year plus one half of the adjustment factor;

(c) The adjustment factor shall be no more than 6%.

(d) Nothing in subparagraph (4) shall limit any increase in the tuition rate resulting from the change in calculating the number of student days in subparagraph (2) from the actual days of student attendance to the days on which instruction was provided in accordance with the school’s calendar.

(5) Operating fund balances. General operating fund balances at the end of a special purpose private school’s fiscal year must be carried forward to meet the school's needs in the next year. Net revenues in excess of 103% of the fiscal year's net expenses must be used to reduce the net expenditures in the following year.

6) Chargeable rate. The maximum rate of tuition that may be charged by a special purpose private school is the rate computed under this subsection unless the school presents sufficient evidence to the Commissioner that a hardship will exist if a higher rate is not approved.

D. Exempted Private Agencies

This section shall not apply to, and the Commissioner shall have no authority over, tuition rates charged for special education programs by private agencies where the tuition is not paid, reimbursed or otherwise funded in whole or in part by this State.

E. General Purpose Private Schools with Exclusive Contracts or A Child Enrollment With Greater Than 60% Public Tuition Children.

A general purpose private school that has a contract with a SAU for the provision of elementary and/or secondary education or enrollment of greater than 60% publicly tuitioned children shall establish a tuition rate for special education services based on actual per child costs. The special education tuition rate shall be determined by dividing the sum of the allowable costs (based on the prior year expenditures) by the average daily enrollment of children. The allowable expenditures used in computing tuition of an on-going special education service in a general purpose private school shall be based on the prior year expenditures and the average daily enrollment of children shall be based on the actual number of children receiving special education services enrolled in the school for the prior school year.

F. General Purpose Private Schools with Tuition Children

A general purpose private school that does not have a contract with a school administrative unit for the provision of elementary and/or secondary education shall charge a tuition rate that does not exceed the State elementary or secondary per child tuition rate as computed under 20-A MRSA §§ 5804 and 5806.

XIX. WAIVERS

1. Commissioner Waiver of Certain Regulations

The superintendent of a school administrative unit or the director of a private school serving children with disabilities may request a waiver of certain regulations. Requests for waivers to the requirements regarding child-teacher ratios, caseload ratios, qualified contracted consultant, or the location of special education programs in chronologically, age-appropriate settings:

A. Shall be in writing;

B. Shall include documentation of the SAU’s or school's efforts to achieve compliance;

C. Shall state the rationale for requesting the waiver;

D. Shall specify the corrective action to be taken to achieve compliance by the beginning of the next school year;

E. Shall include documentation of notification and opportunity to comment provided to the parents of all children with disabilities affected by the waiver request; and

F. Shall include a signed statement from the superintendent assuring that all children affected by the waiver are receiving a free, appropriate public education (FAPE) consistent with their IEPs.

The Commissioner shall review and approve, modify, or disapprove all such requests for a waiver, and provide the response in writing.

2. Agreement between Parent and School

A. Waiver of 7-day Notice for an IEP Meeting

The school must document in writing and with parent/guardian signature that the parent/guardian has waived their right to the 7-day notice of an IEP meeting as described in Section V.2 (A) of this rule. The SAU must still provide the parent with the notice of the IEP meeting as described in Section V.2 (A ) of this rule, to ensure compliance, even if the 7-day requirement is waived.

B. Seven day Advance Notice of an Appearance of an Attorney at Parent Request at a Due Process Mediation

If both parties agree, the parties may sign a waiver of the 7-day written notice of attendance of the parent’s attorney at mediation.

If both parties agree, the parties may sign a waiver of the 7-day written notice of attendance of the parent’s paralegal at mediation.

C. Waiver of Resolution Meeting for Regular Hearings Requested by Parents

Both parties may waive in writing the requirement to hold a resolution session. The resolution session is only required when parents request a regular hearing.

D. Waiver of 7-day Written Notice Prior to Implementation of Proposed Action

The SAU shall document in the Written Notice described in Appendix I, 34 CFR §300.503, any agreement that the parent/guardian has waived the right to receive Written Notice of an action proposed by the SAU seven days prior to the date the SAU proposes to take that action. The SAU must still provide that Written Notice to the parent/guardian even if the 7-day requirement is waived.

History

• STATUTORY AUTHORITY: 20-A M.R.S.A. §§ 7003, 7005(1)
• EFFECTIVE DATE: September 7, 1978
• AMENDED: October 30, 1979 - (EMERGENCY) Sec. 16(E)
• AMENDED: April 5, 1980 - Sec. 16(E)
• AMENDED: February 29, 1981 - Sec. 3, Section 11(C)
• AMENDED: September 23, 1981 - Sec. 16(E), 8 (N)+ Sec. 16(A) - (EMERGENCY)
• AMENDED: March 29, 1982 - Sec. 9(Q)+ Section 16(A) -
• AMENDED: September 21, 1983 - Sec. 5 (g) - (EMERGENCY)
• REPEALED AND REPLACED: August 1, 1988
• AMENDED: June 23, 1992
• AMENDED: October 26, 1995
• EFFECTIVE DATE (ELECTRONIC CONVERSION): May 19, 1996
• REPEALED AND REPLACED: November 1, 1999
• AMENDED: June 24, 2003 - filing 2003-191, Sec. 11.15, 12.11(C), (S), 13.16
• REPEALED AND REPLACED: August 3, 2007 – filing 2007-280 (major substantive)
• AMENDED: May 16, 2008 – filing 2008-173
• AMENDED: June 22, 2009 – filing 2009-259 (EMERGENCY)
• AMENDED: January 19, 2010 – filing 2010-9 (EMERGENCY)
• AMENDED: May 8, 2010 – filing 2010-127 (major substantive)
• AMENDED: July 2, 2011 – filing 2011-168 (major substantive)
• AMENDED: May 10, 2012 – filing 2012- 105 (major substantive)
• AMENDED: July 19, 2013 – filing 2013-145 (major substantive)
• AMENDED: July 19, 2015 – filing 2015-111 (major substantive)
• AMENDED: August 25, 2017 – filing 2017-113 (major substantive)
• AMENDED: July 7, 2023 – filing 2023-104 (major substantive)(EMERGENCY)
• AMENDED: July 26, 2024 – filing 2024-150 (major substantive)
• AMENDED: TECHNICAL/NONSUBSTANTIVE CORRECTIONS TO RULE HISTORY SECTION; REMOVAL OF MARGIN COMMENTS NOT PART OF THE RULE:
• AMENDED: November 14, 2024
• AMENDED: June 12, 2026 – filing 2026-129 (EMERGENCY)
• AMENDED: APPENDIX 1
• AMENDED: Notice of Procedural Safeguards
• AMENDED: In the Individuals with Disabilities Improvement Act of 2004 (the reauthorization of the IDEA, 2004), the Congress required the U.S. Department of Education to publish and widely disseminate ‘model forms’, that are “consistent with the requirements of [Part B of the IDEA]” and “sufficient to meet the requirements.” This notice of procedural safeguards has been provided to the states.
• NOTE: Italicized text signifies State requirements. Non-italicized Time Roman text signifies federal statutory or regulatory requirements.
• NOTE: Opportunity to examine records; parent participation in meetings.
• NOTE: 34 CFR §300.501
• NOTE: (a) Opportunity to examine records. The parents of a child with a disability must be afforded, in accordance with the procedures of §§ 300.613 through 300.621, an opportunity to inspect and review all education records with respect to—
• NOTE: (1) The identification, evaluation, and educational placement of the child; and
• NOTE: (2) The provision of FAPE to the child.
• NOTE: (b) Parent participation in meetings.
• NOTE: (1) The parents of a child with a disability must be afforded an opportunity to participate in meetings with respect to—
• NOTE: (i) The identification, evaluation, and educational placement of the child; and
• NOTE: (ii) The provision of FAPE to the child.
• NOTE: (2) Each public agency must provide notice consistent with §300.322(a)(1) and (b)(1) to ensure that parents of children with disabilities have the opportunity to participate in meetings described in paragraph (b)(1) of this section.
• NOTE: (3) A meeting does not include informal or unscheduled conversations involving public agency personnel and conversations on issues such as teaching methodology, lesson plans, or coordination of service provision. A meeting also does not include preparatory activities that public agency personnel engage in to develop a proposal or response to a parent proposal that will be discussed at a later meeting.
• NOTE: (c) Parent involvement in placement decisions.
• NOTE: (1) Each public agency must ensure that a parent of each child with a disability is a member of any group that makes decisions on the educational placement of the parent’s child.
• NOTE: (2) In implementing the requirements of paragraph (c)(1) of this section, the public agency must use procedures consistent with the procedures described in §300.322(a) through (b)(1).
• NOTE: (3) If neither parent can participate in a meeting in which a decision is to be made relating to the educational placement of their child, the public agency must use other methods to ensure their participation, including individual or conference telephone
• NOTE: calls, or video conferencing.
• NOTE: (4) A placement decision may be made by a group without the involvement of a parent, if the public agency is unable to obtain the parent’s participation in the decision. In this
• NOTE: case, the public agency must have a record of its attempt to ensure their involvement.
• NOTE: Communication of Procedural Safeguards
• NOTE: 34 CFR §300.504
• NOTE: (a) A copy of the procedural safeguards available to the parents of a child with a disability or an adult student with a disability must be given to the parents or the adult student only one time a school year, except that a copy also must be given to the parents –
• NOTE: (1) Upon initial referral or parent request for evaluation;
• NOTE: (2) Upon receipt of the first State complaint and upon receipt of the first due process hearing request;
• NOTE: (3) In accordance with discipline procedures (see Procedures When Disciplining a Child with Disabilities, below); and
• NOTE: (4) Upon request by a parent or adult student.
• NOTE: (b) Internet Web site. The School Administrative Unit (SAU) may place a current copy of the procedural safeguards notice on its Internet Web site if a web site exists.
• NOTE: Sources the parent may contact for assistance in understanding the parent’s rights include the Due Process Office of the Maine Department of Education (207-624-6650), Maine Parent Federation (1-800-870-7746), the Disability Rights Center (1-800-452-1948) and Southern Maine Parent Awareness (1-800-564-9696), and KIDS LEGAL (1-866-624-7787).
• NOTE: A parent may file a dispute resolution request with the Maine Department of Education if the parent believes the school administrative unit (SAU) has violated a requirement under the Maine Special Education Regulations. (See Dispute Resolution Section below.)
• NOTE: Parental Participation
• NOTE: As the parent of a child who has or may have a disability, you are entitled to participate in meetings regarding your child’s eligibility determination, initial evaluation or reevaluation, educational placement or the provision of early intervention services for your child age birth through 22 years or the provision of a free appropriate public education for your child age 3 and under 22 years of age. If you are an adult student, you have the right to participate in meetings regarding your eligibility determination, initial evaluation or reevaluation, educational placement or the provision of a free appropriate public education.
• NOTE: WRITTEN NOTICE
• NOTE: 34 CFR §300.503
• NOTE: Notice
• NOTE: Your school administrative unit (SAU) must give you written notice (provide you certain information in writing), at least 7 days prior to the date the school administrative unit:
• NOTE: Proposes to initiate or to change the identification, evaluation, or educational placement of your child, or the provision of early intervention services for your child age birth to 2 years, or a free appropriate public education (FAPE) to your child age 3 and under 22 years of age; orRefuses to initiate or to change the identification, evaluation, or educational placement of your child, or the provision of early intervention services for your child age birth through 2 years, or a FAPE to your child age 3 and under 22 years of age.
• NOTE: Content of notice
• NOTE: The written notice must:
• NOTE: Describe the action regarding the referral, evaluation, identification, programming or placement that your SAU proposes or refuses to take;Explain why your SAU is proposing or refusing to take the action;Describe each evaluation procedure, assessment, record, or report your SAU used in deciding to propose or refuse the action;Include a statement that you have protections under the procedural safeguards provisions in Part B of the IDEA;Tell you how you can obtain a description of the procedural safeguards if the action that your SAU is proposing or refusing is not an initial referral for evaluation;Include resources for you to contact for help in understanding your rights under Part B of the IDEA, such as and the Due Process Office of the Maine Department of Education (207-624-6644), the Maine Parent Federation (1-800-870-7746), and Southern Maine Parent Awareness (1-800-564-9696)Describe any other choices that your child's individualized education program (IEP) Team, which includes the parent, considered and the reasons why those choices were rejected;Provide a description of other reasons why your SAU proposed or refused the action.Include a summary of comments made by the parents, including the parents’ description of their child’s progress; andNames and titles of each member.
• NOTE: Notice in understandable language
• NOTE: The notice must be:
• NOTE: Written in language understandable to the general public; andProvided in your native language or other mode of communication you use, unless it is clearly not feasible to do so.
• NOTE: If your native language or other mode of communication is not a written language, your SAU must ensure that:
• NOTE: The notice is translated for you orally by other means in your native language or other mode of communication;You understand the content of the notice; and
• NOTE: 3. There is written evidence that 1 and 2 have been met.
• NOTE: Native Language
• NOTE: 34 CFR §300.29
• NOTE: Native language, when used with an individual who has limited English proficiency, means the following, including the translation of the procedural safeguards:
• NOTE: The language normally used by that person, or, in the case of a child, the language normally used by the child's parents;In all direct contact with a child (including evaluation of the child), the language normally used by the child in the home or learning environment.
• NOTE: For a person with deafness or blindness, or for a person with no written language, the mode of communication is what the person normally uses (such as sign language, Braille, or oral communication).
• NOTE: Electronic Mail
• NOTE: 34 CFR §300.505
• NOTE: If your SAU offers parents the choice of receiving documents by e-mail and takes the necessary steps to ensure that there are appropriate safeguards to protect the integrity of the process, you may choose to receive the following by e-mail:
• NOTE: Written notice;Procedural safeguards notice; Advance written notice; IEP;Progress reports; andNotices related to a due process hearing request.
• NOTE: Parental Consent - Definition
• NOTE: 34 CFR §300.9
• NOTE: Consent
• NOTE: Consent means:
• NOTE: You have been fully informed in your native language or other mode of communication (such as sign language, Braille, or oral communication) of all information about the action for which you are giving consent.You understand and agree in writing to that action, and the consent describes that action and lists the records (if any) that will be released and to whom; andYou understand that the consent is voluntary on your part and you may withdraw your consent at any time.
• NOTE: Your withdrawal of consent does not negate (undo) an action that has occurred after you gave your consent and before you withdrew it.
• NOTE: If the parent revokes consent in writing for their child's receipt of special education services after the child is initially provided special education and related services, the public agency is not required to amend the child's education records to remove any references to the child's receipt of special education and related services because of the revocation of consent.
• NOTE: Parental Consent
• NOTE: 34 CFR §300.300
• NOTE: Consent for initial evaluation
• NOTE: Your SAU cannot conduct an initial evaluation of your child to determine whether your child is eligible under Part B of the IDEA to receive special education and related services without first providing you with prior written notice of the proposed action and without obtaining your written consent as described under the heading Parental Consent.
• NOTE: Your SAU must make reasonable efforts to obtain your informed consent for an initial evaluation to decide whether your child is a child with a disability.
• NOTE: Your consent for initial evaluation does not mean that you have also given your consent for the SAU to start providing special education and related services to your child. If your child is enrolled in public school or you are seeking to enroll your child in a public school and you have refused to provide consent or failed to respond to a request to provide consent for an initial evaluation, your SAU may, but is not required to, seek to conduct an initial evaluation of your child by utilizing the Act's mediation or due process hearing request, resolution meeting, and impartial due process hearing procedures (unless required to do so or prohibited from doing so under State law). Your SAU will not violate its obligations to locate, identify and evaluate your child if it does not pursue an evaluation of your child in these circumstances, unless State law requires it to pursue the evaluation.
• NOTE: Generally, either parent may grant consent. In the case of divorced parents with shared parental rights and responsibilities either parent may grant consent. However, in the event that one parent grants consent and the other parent refuses, the school administrative unit is obligated to initiate the action for which consent has been granted.
• NOTE: Special rules for initial evaluation of wards of the State
• NOTE: If a child is a ward of the State and is not living with his/her parent —
• NOTE: The SAU does not need consent from the parent for an initial evaluation to determine if the child is a child with a disability if:
• NOTE: Despite reasonable efforts to do so, the SAU cannot find the child’s parent;The rights of the parents have been terminated in accordance with State law; orA judge has assigned the right to make educational decisions and to consent for an initial evaluation to an individual other than the parent.
• NOTE: Ward of the State, as used in the IDEA, means a child who, as determined by the State where the child lives, is:
• NOTE: A foster child;Considered a ward of the State under State law; orIn the custody of a public child welfare agency.
• NOTE: Parental consent for services
• NOTE: Your SAU must obtain your informed written consent before providing special education and related services to your child for the first time.
• NOTE: The SAU must make reasonable efforts to obtain your informed consent before providing special education and related services to your child for the first time.
• NOTE: If you do not respond to a request to provide your consent for your child to receive special education and related services for the first time, or if you refuse to give such consent, your SAU may not use the procedural safeguards (i.e., mediation, State complaint, resolution meeting, or an impartial due process hearing) in order to obtain agreement or a ruling that the special education and related services (recommended by your child's IEP Team) may be provided to your child without your consent.
• NOTE: If you refuse to give your consent for your child to receive special education and related services for the first time, or if you do not respond to a request to provide such consent and the SAU does not provide your child with the special education and related services for which it sought your consent, your SAU:
• NOTE: Is not in violation of the requirement to provide appropriate services (for a child age birth through 2 years )or make a free appropriate public education (FAPE) available to your child (age 3 and under 22 years of age) for its failure to provide those services to your child; andIs not required to have an individualized education program (IEP) meeting or develop an IEP for your child for the special education and related services for which your consent was requested.
• NOTE: Parental consent for reevaluations
• NOTE: Your SAU must obtain your informed consent before it reevaluates your child, unless your SAU can demonstrate that:
• NOTE: It took reasonable steps to obtain your consent for your child's reevaluation; andYou did not respond.
• NOTE: If you refuse to consent to your child's reevaluation, the SAU may, but is not required to, pursue your child's reevaluation by using the mediation, resolution meeting, and impartial due process hearing procedures to seek to override your refusal to consent to your child's reevaluation. As with initial evaluations, your SAU does not violate its obligations under Part B of the IDEA if it declines to pursue the reevaluation in this manner.
• NOTE: Documentation of reasonable efforts to obtain parental consent
• NOTE: Your school must maintain documentation of reasonable efforts to obtain parental consent for initial evaluations, to provide special education and related services for the first time, to reevaluation and to locate parents of wards of the State for initial evaluations. The documentation must include a record of the SAU’s attempts in these areas, such as:
• NOTE: Detailed records of telephone calls made or attempted and the results of those calls;Copies of correspondence sent to the parents and any responses received; andDetailed records of visits made to the parent’s home or place of employment and the results of those visits.
• NOTE: Other consent requirements
• NOTE: Your consent is not required before your SAU may:
• NOTE: Review existing data as part of your child's evaluation or a reevaluation; orGive your child a test or other evaluation that is given to all children unless, before that test or evaluation, consent is required from all parents of all children.
• NOTE: Revisions to Parental Consent effective December 31, 2008:
• NOTE: §300.300 Parental consent.1. If the parent of a child fails to respond to a request for, or refuses to consent to, the initial provision of special education and related services, the public agency-
• NOTE: a. May not use the procedures in subpart E of this part (including the mediation procedures under §300.506 or the due process procedures under §§300.507 through 300.516) in order to obtain agreement or a ruling that the services may be provided to the child;b. Will not be considered to be in violation of the requirement to make FAPE available to the child because of the failure to provide the child with the special education and related services for which the parent refuses to or fails to provide consent; andc. Is not required to convene an IEP Team meeting or develop an IEP under §§300.320 and 300.324 for the child.
• NOTE: 2. If, at any time subsequent to the initial provision of special education and related services, the parent of a child revokes consent in writing for the continued provision of special education and related services, the public agency-
• NOTE: a. May not continue to provide special education and related services to the child, but must provide prior written notice in accordance with §300.503 before ceasing the provision of special education and related services;b. May not use the procedures in subpart E of this part (including the mediation procedures under §300.506 or the due process procedures under §§300.507 through 300.516) in order to obtain agreement or a ruling that the services may be provided to the child;c. Will not be considered to be in violation of the requirement to make FAPE available to the child because of the failure to provide the child with further special education and related services; andd. Is not required to convene an IEP Team meeting or develop an IEP under §§300.320 and 300.324 for the child for further provision of special education and related services.
• NOTE: Independent Educational Evaluations
• NOTE: 34 CFR §300.502
• NOTE: General
• NOTE: As described below, you have the right to request an independent educational evaluation (IEE) of your child at no cost to you if you disagree with the evaluation of your child that was obtained by your SAU.
• NOTE: If you request an independent educational evaluation, the SAU must provide you with information about where you may obtain an independent educational evaluation and about the SAU’s criteria that apply to independent educational evaluations.
• NOTE: Definitions
• NOTE: Independent educational evaluation means an evaluation conducted by a qualified examiner who is not employed by the SAU responsible for the education of your child.
• NOTE: Public expense means that the SAU either pays for the full cost of the evaluation or ensures that the evaluation is otherwise provided at no cost to you, consistent with the provisions of Part B of the IDEA, which allow each State to use whatever State, local, Federal and private sources of support are available in the State to meet the requirements of Part B of the Act.
• NOTE: Parent right to evaluation at public expense
• NOTE: You have the right to an independent educational evaluation of your child at public expense if you disagree with an evaluation of your child obtained by your SAU, subject to the following conditions:
• NOTE: If you request an independent educational evaluation of your child at public expense when you disagree with a school evaluation of your child, your SAU must, within 30 days, either: (a) File a due process hearing request to request a hearing to show that its evaluation of your child is appropriate; or (b) Ensure that an independent educational evaluation is provided at public expense, unless the SAU demonstrates in a hearing that the evaluation of your child that you obtained did not meet the SAU’s criteria.If your SAU requests a hearing and the final decision is that your SAU’s evaluation of your child is appropriate, you still have the right to an independent educational evaluation, but not at public expense.If you request an independent educational evaluation of your child, the SAU may ask why you object to the evaluation of your child obtained by your SAU. However, your SAU may not require an explanation and may not unreasonably delay either providing the independent educational evaluation of your child at public expense or filing a due process hearing request to request a due process hearing to defend the SAU’s evaluation of your child.
• NOTE: You are entitled to only one independent educational evaluation of your child at public expense each time your SAU conducts an evaluation of your child with which you disagree.
• NOTE: Parent-initiated evaluations
• NOTE: If you obtain an independent educational evaluation of your child at public expense or you share with the SAU an evaluation of your child that you obtained at private expense:
• NOTE: Your SAU must consider the results of the evaluation of your child, if it meets the SAU’s criteria for independent educational evaluations, in any decision made with respect to the provision of a free appropriate public education (FAPE) to your child; andYou or your SAU may present the evaluation as evidence at a due process hearing regarding your child.
• NOTE: Requests for evaluations by hearing officers
• NOTE: If a hearing officer requests an independent educational evaluation of your child as part of a due process hearing, the cost of the evaluation must be at public expense.
• NOTE: SAU criteria
• NOTE: If an independent educational evaluation is at public expense, the criteria under which the evaluation is obtained, including the location of the evaluation and the qualifications of the examiner, must be the same as the criteria that the SAU uses when it initiates an evaluation (to the extent those criteria are consistent with your right to an independent educational evaluation).
• NOTE: Except for the criteria described above, a SAU may not impose conditions or timelines related to obtaining an independent educational evaluation at public expense.
• NOTE: Confidentiality of Information
• NOTE: Definitions
• NOTE: 34 CFR §300.611
• NOTE: As used under the heading Confidentiality of Information:
• NOTE: Destruction means physical destruction or removal of personal identifiers from information so that the information is no longer personally identifiable.Education records means the type of records covered under the definition of ‘‘education records’’ in 34 CFR Part 99 (the regulations implementing the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. 1232g (FERPA)).Participating agency means any SAU, agency or institution that collects, maintains, or uses personally identifiable information, or from which information is obtained, under Part B of the IDEA.
• NOTE: Personally Identifiable
• NOTE: 34 CFR §300.32
• NOTE: Personally identifiable means information that has:
• NOTE: (a) Your child's name, your name as the parent, or the name of another family member;
• NOTE: (b) Your child's address;
• NOTE: (c) A personal identifier, such as your child’s social security number or student number; or
• NOTE: (d) A list of personal characteristics or other information that would make it possible to identify your child with reasonable certainty.
• NOTE: Notice to Parents
• NOTE: 34 CFR §300.612
• NOTE: The State Educational Agency must give notice that is adequate to fully inform parents about confidentiality of personally identifiable information, including:
• NOTE: A description of the extent to which the notice is given in the native languages of the various population groups in the State;A description of the children on whom personally identifiable information is maintained, the types of information sought, the methods the State intends to use in gathering the information (including the sources from whom information is gathered), and the uses to be made of the information;A summary of the policies and procedures that participating agencies must follow regarding storage, disclosure to third parties, retention, and destruction of personally identifiable information; andA description of all of the rights of parents and children regarding this information, including the rights under the Family Educational Rights and Privacy Act (FERPA) and its implementing regulations in 34 CFR Part 99.
• NOTE: Before any major identification, location, or evaluation activity (also known as “child find”), the notice must be published or announced in newspapers or other media, or both, with circulation adequate to notify parents throughout the State of the activity to locate, identify, and evaluate children in need of special education and related services.
• NOTE: Access Rights
• NOTE: 34 CFR §300.613
• NOTE: The participating agency must permit you to inspect and review any education records relating to your child that are collected, maintained, or used by your SAU under Part B of the IDEA. The participating agency must comply with your request to inspect and review any education records on your child without unnecessary delay and before any meeting regarding an individualized education program (IEP), or any impartial due process hearing (including a resolution meeting or a hearing regarding discipline), and in no case more than 45 calendar days after you have made a request.
• NOTE: Your right to inspect and review education records includes:
• NOTE: Your right to a response from the participating agency to your reasonable requests for explanations and interpretations of the records;Your right to request that the participating agency provide copies of the records if you cannot effectively inspect and review the records unless you receive those copies; andYour right to have your representative inspect and review the records.
• NOTE: The participating agency may presume that you have authority to inspect and review records relating to your child unless advised that you do not have the authority under applicable State law governing such matters as guardianship, or separation and divorce.
• NOTE: Record of Access
• NOTE: 34 CFR §300.614
• NOTE: Each participating agency must keep a record of parties obtaining access to education records collected, maintained, or used under Part B of the IDEA (except access by parents and authorized employees of the participating agency), including the name of the party, the date access was given, and the purpose for which the party is authorized to use the records.
• NOTE: Records on More Than One Child
• NOTE: 34 CFR §300.615
• NOTE: If any education record includes information on more than one child, the parents of those children have the right to inspect and review only the information relating to their child or to be informed of that specific information.
• NOTE: List of Types and Locations of Information
• NOTE: 34 CFR §300.616
• NOTE: On request, each participating agency must provide you with a list of the types and locations of education records collected, maintained, or used by the agency.
• NOTE: Fees
• NOTE: 34 CFR §300.617
• NOTE: Each participating agency may charge a fee for copies of records that are made for you under Part B of the IDEA, if the fee does not effectively prevent you from exercising your right to inspect and review those records.
• NOTE: A participating agency may not charge a fee to search for or to retrieve information under Part B of the IDEA.
• NOTE: Amendment of Records at Parent’s Request
• NOTE: 34 CFR §300.618
• NOTE: If you believe that information in the education records regarding your child collected, maintained, or used under Part B of the IDEA is inaccurate, misleading, or violates the privacy or other rights of your child, you may request the participating agency that maintains the information to change the information.
• NOTE: The participating agency must decide whether to change the information in accordance with your request within a reasonable period of time of receipt of your request.
• NOTE: If the participating agency refuses to change the information in accordance with your request, it must inform you of the refusal and advise you of the right to a hearing for this purpose as described under the heading Opportunity For a Hearing, below.
• NOTE: Opportunity for a Hearing
• NOTE: 34 CFR §300.619
• NOTE: The participating agency must, on request, provide you an opportunity for a hearing to challenge information in education records regarding your child to ensure that it is not inaccurate, misleading, or otherwise in violation of the privacy or other rights of your child.
• NOTE: Hearing Procedures
• NOTE: 34 CFR §300.621
• NOTE: A hearing to challenge information in education records must be conducted according to the procedures for such hearings under the Family Educational Rights and Privacy Act (FERPA).
• NOTE: Result of Hearing
• NOTE: 34 CFR §300.620
• NOTE: If, as a result of the hearing, the participating agency decides that the information is inaccurate, misleading or otherwise in violation of the privacy or other rights of the child, it must change the information accordingly and inform you in writing.
• NOTE: If, as a result of the hearing, the participating agency decides that the information is not inaccurate, misleading, or otherwise in violation of the privacy or other rights of your child, it must inform you of your right to place in the records that it maintains on your child a statement commenting on the information or providing any reasons you disagree with the decision of the participating agency.
• NOTE: Such an explanation placed in the records of your child must:
• NOTE: Be maintained by the participating agency as part of the records of your child as long as the record or contested portion is maintained by the participating agency; andIf the participating agency discloses the records of your child or the challenged portion to any party, the explanation must also be disclosed to that party.
• NOTE: Consent for Disclosure of Personally Identifiable Information
• NOTE: 34 CFR §300.622
• NOTE: Unless the information is contained in education records, and the disclosure is authorized without parental consent under the Family Educational Rights and Privacy Act (FERPA), your consent must be obtained before personally identifiable information is disclosed to parties other than officials of participating agencies. Except under the circumstances specified below, your consent is not required before personally identifiable information is released to officials of participating agencies for purposes of meeting a requirement of Part B of the IDEA.
• NOTE: Your consent, or consent of an eligible child who has reached 18 years of age (or is emancipated) under State law, must be obtained before personally identifiable information is released to officials of participating agencies providing or paying for transition services.
• NOTE: If your child is in, or is going to go to, a private school that is not located in the same SAU you reside in, your consent must be obtained before any personally identifiable information about your child is released between officials in the SAU where the private school is located and officials in the SAU where you reside.
• NOTE: Safeguards
• NOTE: 34 CFR §300.623
• NOTE: Each participating agency must protect the confidentiality of personally identifiable information at collection, storage, disclosure, and destruction stages.
• NOTE: One official at each participating agency must assume responsibility for ensuring the confidentiality of any personally identifiable information.
• NOTE: All persons collecting or using personally identifiable information must receive training or instruction regarding your State’s policies and procedures regarding confidentiality under Part B of the IDEA and the Family Educational Rights and Privacy Act (FERPA).
• NOTE: Each participating agency must maintain, for public inspection, a current listing of the names and positions of those employees within the agency who may have access to personally identifiable information.
• NOTE: Destruction of Information
• NOTE: 34 CFR §300.624
• NOTE: Your SAU must inform you when personally identifiable information collected, maintained, or used is no longer needed to provide educational services to your child.
• NOTE: The information must be destroyed at your request. However, a permanent record of your child’s name, address, and phone number, his or her grades, attendance record, classes attended, grade level completed, and year completed may be maintained without time limitation.
• NOTE: Dispute resolution
• NOTE: 20-A M.R.S.A. §7202 et seq.
• NOTE: In all paragraphs below relating to mediations, due process hearings or expedited due process hearings for children 3-22, a private school serving as out-of-district educational placement may be a party to any disagreement relating to placement or the provision of a free appropriate public education. Each paragraph shall be read to include private schools serving as out-of-district educational placements (and, as appropriate, their leaders, e.g. a headmaster where it says superintendent) with respect to these two types of disagreements. Nothing in this or any subsequent subparagraph may be interpreted to remove the ultimate responsibility for providing FAPE in the least restrictive educational environment from the sending SAU or transfer it to the out-of-district educational placement.
• NOTE: State Complaint Procedures
• NOTE: Difference between Due Process Hearing and State Complaint Procedures
• NOTE: The regulations for Part B of IDEA set forth separate procedures for State complaints and for due process hearings. Maine uses Part B dispute resolution processes for children served under Part C. As explained below, any individual or organization may file a State complaint alleging a violation of any Part B requirement by a SAU, the State Educational Agency, or any other public agency. Only you or a SAU may file a due process hearing request on any matter relating to a proposal or a refusal to initiate or change the identification, evaluation or educational placement of a child with a disability, or the provision of appropriate services (birth to 2 years) or a free appropriate public education (FAPE) to a child (3 and under 22 years of age.) While staff of the State Educational Agency generally must resolve a State complaint within a 60-calendar-day timeline, unless the timeline is properly extended, an impartial due process hearing officer must hear a due process hearing request (if not resolved through a resolution meeting or through mediation) and issue a written decision within 45-calendar-days after the end of the resolution period, as described in this document under the heading Resolution Process, unless the hearing officer grants a specific extension of the timeline at your request or the SAU's request. The State complaint, resolution and due process hearing procedures are described more fully below.
• NOTE: Adoption of State Complaint Procedures
• NOTE: 34 CFR §300.151
• NOTE: General
• NOTE: Each State Educational Agency must have written procedures for:
• NOTE: Resolving any complaint, including a complaint filed by an organization or individual from another State;Widely disseminating the State complaint procedures to parents and other interested individuals, including parent training and information centers, protection and advocacy agencies, independent living centers, and other appropriate entities
• NOTE: Remedies for denial of appropriate services
• NOTE: In resolving a State complaint in which the State Educational Agency has found a failure to provide appropriate services, the State Educational Agency must address:
• NOTE: The failure to provide appropriate services, including corrective action appropriate to address the needs of the child; andAppropriate future provision of services for all children with disabilities.
• NOTE: Minimum State Complaint Procedures
• NOTE: 34 CFR §300.152
• NOTE: Time limit; minimum procedures
• NOTE: Each State Educational Agency must include in its State complaint procedures a time limit of 60 calendar days after a complaint is filed to:
• NOTE: Carry out an independent on-site investigation, if the State Educational Agency determines that an investigation is necessary;Give the complainant the opportunity to submit additional information, either orally or in writing, about the allegations in the complaint;Provide the SAU or other public agency with the opportunity to respond to the complaint, including, at a minimum: (a) at the option of the agency, a proposal to resolve the complaint; and (b) an opportunity for a parent who has filed a complaint and the agency to agree voluntarily to engage in mediation;Review all relevant information and make an independent determination as to whether the SAU or other public agency is violating a requirement of Part B of the IDEA; andIssue a written decision to the complainant that addresses each allegation in the complaint and contains: (a) findings of fact and conclusions; and (b) the reasons for the State Educational Agency’s final decision.
• NOTE: Time extension; final decision; implementation
• NOTE: The State Educational Agency’s procedures described above also must:
• NOTE: Permit an extension of the 60 calendar-day time limit only if: (a) exceptional circumstances exist with respect to a particular State complaint; or (b) the parent and the SAU or other public agency involved voluntarily agree to extend the time to resolve the matter through mediation or alternative means of dispute resolution, if available in the State.Include procedures for effective implementation of the State Educational Agency’s final decision, if needed, including: (a) technical assistance activities; (b) negotiations; and (c) corrective actions to achieve compliance.
• NOTE: State complaints and due process hearings
• NOTE: If a written State complaint is received that is also the subject of a due process hearing as described below under the heading Filing a Due Process Hearing Request, or the State complaint contains multiple issues of which one or more are part of such a hearing, the State must set aside the State complaint, or any part of the State complaint that is being addressed in the due process hearing until the hearing is over. Any issue in the State complaint that is not a part of the due process hearing must be resolved using the time limit and procedures described above.
• NOTE: If an issue raised in a State complaint has previously been decided in a due process hearing involving the same parties (you and the SAU), then the due process hearing decision is binding on that issue and the State Educational Agency must inform the complainant that the decision is binding.
• NOTE: A complaint alleging a SAU’s or other public agency’s failure to implement a due process hearing decision must be resolved by the State Educational Agency.
• NOTE: Filing a Complaint
• NOTE: 34 CFR §300.153
• NOTE: An organization or individual may file a signed written State complaint under the procedures described above.
• NOTE: The State complaint must include:
• NOTE: 1. A statement that a SAU or other public agency has violated a requirement of Part B of the IDEA or its regulations;
• NOTE: 2. The facts on which the statement is based;
• NOTE: 3. The signature and contact information for the complainant; and
• NOTE: 4. If alleging violations regarding a specific child:
• NOTE: (a) The name of the child and address of the residence of the child;
• NOTE: (b) The name of the school the child is attending;
• NOTE: In the case of a homeless child or youth, available contact information for the child, and the name of the school the child is attending; A description of the nature of the problem of the child, including facts relating to the problem; andA proposed resolution of the problem to the extent known and available to the party filing the complaint at the time the complaint is filed.
• NOTE: The complaint must allege a violation that occurred not more than one year prior to the date that the complaint is received as described under the heading Adoption of State Complaint Procedures, unless a longer period is reasonable because the complainant is requesting compensatory services for a violation that allegedly occurred not more than two years prior to the date that the written complaint is received by the Department of Education.
• NOTE: The party filing the State complaint must forward a copy of the complaint to the SAU or other public agency serving the child at the same time the party files the complaint with the State Educational Agency.
• NOTE: The SEA, under 34 CFR 300.537, may determine the State enforcement mechanisms for resolution session agreements and mediation agreements.
• NOTE: Due Process Hearing Procedures
• NOTE: Filing a Due Process Hearing Request
• NOTE: 34 CFR §300.507
• NOTE: General
• NOTE: You or the SAU may file a due process hearing request on any matter relating to a proposal or a refusal to initiate or change the identification, evaluation or educational placement of your child, or the provision of appropriate services for your child age birth through 2 years or a free appropriate public education (FAPE) to your child age 3 and under 22 years of age.
• NOTE: The due process hearing request must allege a violation that happened not more than two years before you or the SAU knew or should have known about the alleged action that forms the basis of the due process hearing request.
• NOTE: The above timeline does not apply to you if you could not file a due process hearing request within the timeline because:
• NOTE: The SAU specifically misrepresented that it had resolved the issues identified in the hearing request; orThe SAU withheld information from you that it was required to provide you under Part B of the IDEA.
• NOTE: Information for parents
• NOTE: The SAU must inform you of any free or low-cost legal and other relevant services available in the area if you request the information, or if you or the SAU file a due process hearing request.
• NOTE: Due Process Hearing Request
• NOTE: 34 CFR §300.508
• NOTE: General
• NOTE: In order to request a hearing, you or the SAU (or your attorney or the SAU's attorney) must submit a due process hearing request to the other party. That hearing request must contain all of the content listed below and must be kept confidential.
• NOTE: You or the SAU, whichever one filed the hearing request, must also provide the State Educational Agency with a copy of the hearing request. A hearing request will be considered received, and the regulatory timelines applicable to a hearing in effect, once the State Educational Agency has received its copy of a request containing the required information and has received written confirmation that the opposing party has also received the request.
• NOTE: Content of the hearing request
• NOTE: The due process hearing request must include:
• NOTE: The name of the child;The address of the child’s residence;The name of the child’s school;If the child is a homeless child or youth, the child’s contact information and the name of the child’s school;A description of the nature of the problem of the child relating to the proposed or refused action, including facts relating to the problem; andA proposed resolution of the problem to the extent known and available to you or the SAU at the time.
• NOTE: Notice required before a hearing on a due process hearing request
• NOTE: You or the SAU may not have a due process hearing until you or the SAU (or your attorney or the SAU's attorney), files a due process hearing request that includes the information listed above.
• NOTE: Sufficiency of hearing request
• NOTE: In order for a due process hearing request to go forward, it must be considered sufficient. The due process hearing request will be considered sufficient (to have met the content requirements above) unless the party receiving the due process hearing request (you or the SAU) notifies the hearing officer and the other party in writing, within 15 calendar days of receiving the hearing request, that the receiving party believes that the due process hearing request does not meet the requirements listed above.
• NOTE: Within five calendar days of receiving the notification the receiving party (you or the SAU) considers a due process hearing request insufficient, the hearing officer must decide if the due process hearing request meets the requirements listed above, and notify you and the SAU in writing immediately.
• NOTE: Hearing request amendment
• NOTE: You or the SAU may make changes to the hearing request only if:
• NOTE: The other party approves of the changes in writing and is given the chance to resolve the due process hearing request through a resolution meeting, described below; orBy no later than five days before the due process hearing begins, the hearing officer grants permission for the changes.
• NOTE: If the complaining party (you or the SAU) makes changes to the due process hearing request, the timelines for the resolution meeting (within 15 calendar days of receiving the hearing request) and the time period for resolution (within 30 calendar days of receiving the request) start again on the date the amended hearing request is filed.
• NOTE: Local educational agency (LEA) or SAU response to a due process hearing request
• NOTE: If the SAU has not sent a prior written notice to you, as described under the heading Prior Written Notice, regarding the subject matter contained in your due process hearing request, the SAU must, within 10 calendar days of receiving the due process hearing request, send to you a response that includes:
• NOTE: An explanation of why the SAU proposed or refused to take the action raised in the due process hearing request;A description of other options that your child's individualized education program (IEP) Team considered and the reasons why those options were rejected;A description of each evaluation procedure, assessment, record, or report the SAU used as the basis for the proposed or refused action; andA description of the other factors that are relevant to the SAU’s proposed or refused action.
• NOTE: Providing the information in items 1-4 above does not prevent the SAU from asserting that your due process hearing request was insufficient.
• NOTE: Other party response to a due process hearing request
• NOTE: Except as stated under the sub-heading immediately above, Local educational agency (LEA) or SAU response to a due process hearing request, the party receiving a due process hearing request must, within 10 calendar days of receiving the request, send the other party a response that specifically addresses the issues in the due process hearing request.
• NOTE: Model Forms
• NOTE: 34 CFR §300.509
• NOTE: The State Educational Agency must develop model forms to help you file a due process hearing request and a State complaint. However, your State or the SAU may not require you to use these model forms. In fact, you can use this form or another appropriate model form, so long as it contains the required information for filing a due process hearing request or a State complaint.
• NOTE: Mediation
• NOTE: 34 CFR §300.506
• NOTE: General
• NOTE: The SAU must make mediation available to allow you and the SAU to resolve disagreements involving any matter under Part B of the IDEA, including matters arising prior to the filing of a due process hearing request. Thus, mediation is available to resolve disputes under Part B of the IDEA, whether or not you have filed a due process hearing request to request a due process hearing as described under the heading Filing a Due Process Hearing Request.
• NOTE: Requirements
• NOTE: The procedures must ensure that the mediation process:
• NOTE: Is voluntary on your part and the SAU's part;Is not used to deny or delay your right to a due process hearing, or to deny any other rights you have under Part B of the IDEA; andIs conducted by a qualified and impartial mediator who is trained in effective mediation techniques.
• NOTE: The SAU may develop procedures that offer parents and schools that choose not to use the mediation process, an opportunity to meet, at a time and location convenient to you, with a disinterested party:
• NOTE: Who is under contract with an appropriate alternative dispute resolution entity, or a parent training and information center or community parent resource center in the State; andWho would explain the benefits and encourage the use of the mediation process to you.
• NOTE: The State must have a list of people who are qualified mediators and know the laws and regulations relating to the provision of special education and related services. The State Educational Agency must select mediators on a random, rotational, or other impartial basis.
• NOTE: The State is responsible for the cost of the mediation process, including the costs of meetings.
• NOTE: Each meeting in the mediation process must be scheduled in a timely manner and held at a place that is convenient for you and the SAU.
• NOTE: If you and the SAU resolve a dispute through the mediation process, both parties must enter into a legally binding agreement that sets forth the resolution and that:
• NOTE: States that all discussions that happened during the mediation process will remain confidential and may not be used as evidence in any subsequent due process hearing or civil proceeding; andIs signed by both you and a representative of the SAU who has the authority to bind the SAU.
• NOTE: A written, signed mediation agreement is enforceable in any State court of competent jurisdiction (a court that has the authority under State law to hear this type of case) or in a district court of the United States. (See Section XVI(3)(B)(9)of this rule)
• NOTE: Discussions that happened during the mediation process must be confidential. They cannot be used as evidence in any future due process hearing or civil proceeding of any Federal court or State court of a State receiving assistance under Part B of IDEA.
• NOTE: Impartiality of mediator
• NOTE: The mediator:
• NOTE: May not be an employee of the State Educational Agency or the SAU that is involved in the education or care of your child; andMust not have a personal or professional interest which conflicts with the mediator’s objectivity.
• NOTE: A person who otherwise qualifies as a mediator is not an employee of a SAU or State agency solely because he or she is paid by the agency or SAU to serve as a mediator.
• NOTE: An attorney may represent a school administrative unit in a mediation only when an attorney represents the parents. An attorney representing a parent shall provide the superintendent of the school administrative unit and the Due Process Office of the Maine Department of Education with at least 7 days written notice prior to the mediation that they will be representing the parent at the mediation. Parties may consult with their attorneys prior to and after engaging in mediation.
• NOTE: If both parties agree, the parties may sign a waiver of the 7-day written notice of attendance of the parent’s attorney in mediation. A copy of the signed waiver must be provided to the Department of Education Due Process Office.
• NOTE: If the parent does not choose to participate in mediation the parent may be contacted by a due process consultant form the Maine Department of Education who will discuss with the parent the benefits of mediation. If the parent would like to request a mediation or would like more information about mediation, the parent may contact the Due Process Office of the Maine Department of Education at 624-6644.
• NOTE: The Child’s Placement Status During Pendency of Appeals (“Stay Put”)
• NOTE: 34 CFR §300.518
• NOTE: Except as provided below under the heading PROCEDURES WHEN DISCIPLINING CHILDREN WITH DISABILITIES, during the pendency of a mediation or State complaint investigation request, or once a due process hearing request is sent to the other party, , and while waiting for the decision of any impartial due process hearing or court proceeding, your child must remain in his or her current educational placement unless you and the State or SAU agree otherwise,
• NOTE: If the due process hearing request involves an application for initial admission to public school, your child, with your consent, must be placed in the regular public school program until the completion of all such proceedings.
• NOTE: If the due process hearing request involves an application for initial services under Part B of the IDEA for a child who is transitioning from being served under Part C of the IDEA to Part B of the IDEA and who is no longer eligible for Part C services because the child has turned three, the SAU is not required to provide the Part C services that the child has been receiving. If the child is found eligible under Part B of the IDEA and you consent for the child to receive special education and related services for the first time, then, pending the outcome of the proceedings, the SAU must provide those special education and related services that are not in dispute (those which you and the SAU both agree upon).
• NOTE: Resolution Process
• NOTE: 34 CFR §300.510
• NOTE: Resolution meeting
• NOTE: Within 15 calendar days of receiving notice of your due process hearing request, and before the due process hearing begins, the SAU must convene a meeting with you and the relevant member or members of the individualized education program (IEP) Team who have specific knowledge of the facts identified in your due process hearing request. The meeting:
• NOTE: Must include a representative of the SAU who has decision-making authority on behalf of the SAU; andMay not include an attorney of the SAU unless you are accompanied by an attorney.
• NOTE: You and the SAU determine the relevant members of the IEP Team to attend the meeting.
• NOTE: The purpose of the meeting is for you to discuss your due process hearing request, and the facts that form the basis of the hearing request, so that the SAU has the opportunity to resolve the dispute.
• NOTE: The resolution meeting is not necessary if:
• NOTE: You and the SAU agree in writing to waive the meeting; orYou and the SAU agree to use the mediation process, as described under the heading Mediation.
• NOTE: Resolution period
• NOTE: If the SAU has not resolved the due process hearing request to your satisfaction within 30 calendar days of the receipt of the hearing request (during the time period for the resolution process), the due process hearing may occur.
• NOTE: The 45-calendar-day timeline for issuing a final decision begins at the expiration of the 30-calendar-day resolution period, with certain exceptions for adjustments made to the 30-calendar-day resolution period, as described below.
• NOTE: Except where you and the SAU have both agreed to waive the resolution process or to use mediation, your failure to participate in the resolution meeting will delay the timelines for the resolution process and due process hearing until you agree to participate in a meeting.
• NOTE: If after making reasonable efforts and documenting such efforts, the SAU is not able to obtain your participation in the resolution meeting, the SAU may, at the end of the 30-calendar-day resolution period, request that a hearing officer dismiss your due process hearing request. Documentation of such efforts must include a record of the SAU’s attempts to arrange a mutually agreed upon time and place, such as:
• NOTE: Detailed records of telephone calls made or attempted and the results of those calls;Copies of correspondence sent to you and any responses received; andDetailed records of visits made to your home or place of employment and the results of those visits.
• NOTE: If the SAU fails to hold the resolution meeting within 15 calendar days of receiving notice of your due process hearing request or fails to participate in the resolution meeting, you may ask a hearing officer to order that the 45-calendar-day due process hearing timeline begin.
• NOTE: Adjustments to the 30-calendar-day resolution period
• NOTE: If you and the SAU agree in writing to waive the resolution meeting, then the 45-calendar-day timeline for the due process hearing starts the next day.
• NOTE: After the start of mediation or the resolution meeting and before the end of the 30-calendar-day resolution period, if you and the SAU agree in writing that no agreement is possible, then the 45-calendar-day timeline for the due process hearing starts the next day.
• NOTE: If you and the SAU agree to use the mediation process, at the end of the 30-calendar-day resolution period, both parties can agree in writing to continue the mediation until an agreement is reached. However, if either you or the SAU withdraws from the mediation process, then the 45-calendar-day timeline for the due process hearing starts the next day.
• NOTE: Written settlement agreement
• NOTE: If a resolution to the dispute is reached at the resolution meeting, you and the SAU must enter into a legally binding agreement that is:
• NOTE: Signed by you and a representative of the SAU who has the authority to bind the SAU; andEnforceable in any State court of competent jurisdiction (a State court that has authority to hear this type of case) or in a district court of the United States. (See Section XVI(11)(F))
• NOTE: Agreement review period
• NOTE: If you and the SAU enter into an agreement as a result of a resolution meeting, either party (you or the SAU) may void the agreement within 3 business days of the time that both you and the SAU signed the agreement.
• NOTE: Hearings on Due Process Hearing Requests
• NOTE: Impartial Due Process Hearing
• NOTE: 34 CFR §300.511
• NOTE: General
• NOTE: Whenever a due process hearing request is filed, you or the SAU involved in the dispute must have an opportunity for an impartial due process hearing, as described in the Due Process Hearing Request and Resolution Process sections.
• NOTE: Impartial hearing officer
• NOTE: At a minimum, a hearing officer:
• NOTE: Must not be an employee of the State Educational Agency or the SAU that is involved in the education or care of the child. However, a person is not an employee of the agency solely because he/she is paid by the agency to serve as a hearing officer;Must not have a personal or professional interest that conflicts with the hearing officer’s objectivity in the hearing;Must be knowledgeable and understand the provisions of the IDEA, and Federal and State regulations pertaining to the IDEA, and legal interpretations of the IDEA by Federal and State courts; andMust have the knowledge and ability to conduct hearings, and to make and write decisions, consistent with appropriate, standard legal practice.
• NOTE: Each SAU must keep a list of those persons who serve as hearing officers that includes a statement of the qualifications of each hearing officer.
• NOTE: Subject matter of due process hearing
• NOTE: The party (you or the SAU) that requests the due process hearing may not raise issues at the due process hearing that were not addressed in the due process hearing request, unless the other party agrees.
• NOTE: Timeline for requesting a hearing
• NOTE: You or the SAU must request an impartial hearing on a due process hearing request within two years of the date you or the SAU knew or should have known about the issue addressed in the hearing request.
• NOTE: Exceptions to the timeline
• NOTE: The above timeline does not apply to you if you could not file a due process hearing request because:
• NOTE: The SAU specifically misrepresented that it had resolved the problem or issue that you are raising in your hearing request; orThe SAU withheld information from you that it was required to provide to you under Part B of the IDEA.
• NOTE: Hearing Rights
• NOTE: 34 CFR §300.512
• NOTE: General
• NOTE: Any party to a due process hearing (including a hearing relating to disciplinary procedures) has the right to:
• NOTE: Be accompanied and advised by a lawyer and/or persons with special knowledge or training regarding the problems of children with disabilities;Present evidence and confront, cross-examine, and require the attendance of witnesses;Prohibit the introduction of any evidence at the hearing that has not been disclosed to that party at least five business days before the hearing;Obtain a written, or, at your option, electronic, word-for-word record of the hearing; andObtain written, or, at your option, electronic findings of fact and decisions.
• NOTE: Additional disclosure of information
• NOTE: At least five business days prior to a due process hearing, you and the SAU must disclose to each other all evaluations completed by that date and recommendations based on those evaluations that you or the SAU intend to use at the hearing.
• NOTE: A hearing officer may prevent any party that fails to comply with this requirement from introducing the relevant evaluation or recommendation at the hearing without the consent of the other party.
• NOTE: Parental rights at hearings
• NOTE: You must be given the right to:
• NOTE: Have your child present;Open the hearing to the public; andHave the record of the hearing, the findings of fact and decisions provided to you at no cost.
• NOTE: Hearing Decisions
• NOTE: 34 CFR §300.513
• NOTE: Decision of hearing officer
• NOTE: A hearing officer’s decision on whether your child (age birth through 2 years) received appropriate services or (age 3 and under 22 years of age) received a free appropriate public education (FAPE) must be based on substantive grounds.
• NOTE: In matters alleging a procedural violation, a hearing officer may find that your child did not receive appropriate services or FAPE only if the procedural inadequacies:
• NOTE: Interfered with your child’s right to appropriate services or a free appropriate public education;Significantly interfered with your opportunity to participate in the decision-making process regarding the provision of appropriate services or a free appropriate public education (FAPE) to your child; orCaused a deprivation of an educational benefit.
• NOTE: Final Decision Notice
• NOTE: Every decision made at the conclusion of a proceeding subject to this rule shall be in writing and shall include findings of fact sufficient to apprise the parties and any interested member of the public of the basis for the decision. .
• NOTE: Construction clause
• NOTE: None of the provisions described above can be interpreted to prevent a hearing officer from ordering a SAU to comply with the requirements in the procedural safeguards section of the Federal regulations under Part B of the IDEA (34 CFR §§300.500 through 300.536).
• NOTE: Separate request for a due process hearing
• NOTE: Nothing in the procedural safeguards section of the Federal regulations under Part B of the IDEA (34 CFR §§300.500 through 300.536) can be interpreted to prevent you from filing a separate due process hearing request on an issue separate from a due process hearing request already filed.
• NOTE: Findings and decision to advisory panel and general public
• NOTE: The State Educational Agency or the SAU, (whichever was responsible for your hearing) after deleting any personally identifiable information, must:
• NOTE: Provide the findings and decisions in the due process hearing or appeal to the State special education advisory panel; andMake those findings and decisions available to the public.
• NOTE: Appeals
• NOTE: Finality of Decision; Appeal
• NOTE: 34 CFR §300.514
• NOTE: Finality of hearing decision
• NOTE: A decision made in a due process hearing (including a hearing relating to disciplinary procedures) must be in writing and is final, except that any party involved in the hearing (you or the SAU) may appeal the decision by bringing a civil action, as described below.
• NOTE: Timelines and Convenience of Hearings and Reviews
• NOTE: 34 CFR §300.515
• NOTE: The State Educational Agency must ensure that not later than 45 calendar days after the expiration of the 30-calendar-day period for resolution meetings or, as described under the sub-heading Adjustments to the 30-calendar-day resolution period, not later than 45 calendar days after the expiration of the adjusted time period:
• NOTE: A final decision is reached in the hearing; andA copy of the decision is mailed to each of the parties.
• NOTE: A hearing officer may grant specific extensions of time beyond the 45-calendar-day time period described above at the request of either party.
• NOTE: Each hearing must be conducted at a time and place that is reasonably convenient to you and your child.
• NOTE: Civil Actions, Including the Time Period in Which to File Those Actions
• NOTE: 34 CFR §300.516
• NOTE: General
• NOTE: Any party (you or the SAU) who does not agree with the findings and decision in the due process hearing (including a hearing relating to disciplinary procedures) has the right to bring a civil action with respect to the matter that was the subject of the due process hearing. The action may be brought in a State court of competent jurisdiction (a State court that has authority to hear this type of case) or in a district court of the United States without regard to the amount in dispute.
• NOTE: If the parent has any questions regarding this requirement, they should be directed to the Due Process Office of the Maine Department of Education at 624-6650.
• NOTE: Time limitation
• NOTE: The party (you or the SAU) bringing the action shall have 90 day from the receipt of the decision of the hearing officer to file a civil action.
• NOTE: Additional procedures
• NOTE: In any civil action, the court:
• NOTE: Receives the records of the administrative proceedings;Hears additional evidence at your request or at the SAU's request; andBases its decision on the preponderance of the evidence and grants the relief that the court determines to be appropriate.
• NOTE: Jurisdiction of district courts
• NOTE: The district courts of the United States have authority to rule on actions brought under Part B of the IDEA without regard to the amount in dispute.
• NOTE: Rule of construction
• NOTE: Nothing in Part B of the IDEA restricts or limits the rights, procedures, and remedies available under the U.S. Constitution, the Americans with Disabilities Act of 1990, Title V of the Rehabilitation Act of 1973 (Section 504), or other Federal laws protecting the rights of children with disabilities, except that before the filing of a civil action under these laws seeking relief that is also available under Part B of the IDEA, the due process procedures described above must be exhausted to the same extent as would be required if the party filed the action under Part B of the IDEA. This means that you may have remedies available under other laws that overlap with those available under the IDEA, but in general, to obtain relief under those other laws, you must first use the available administrative remedies under the IDEA (i.e., the due process hearing request, resolution meeting, and impartial due process hearing procedures) before going directly into court.
• NOTE: Attorneys’ Fees
• NOTE: 34 CFR §300.517
• NOTE: General
• NOTE: In any action or proceeding brought under Part B of the IDEA, if you prevail, the court, in its discretion, may award reasonable attorneys’ fees as part of the costs to you.
• NOTE: In any action or proceeding brought under Part B of the IDEA, the court, in its discretion, may award reasonable attorneys’ fees as part of the costs to a prevailing State Educational Agency or SAU, to be paid by your attorney, if the attorney: (a) filed a due process hearing request or court case that the court finds is frivolous, unreasonable, or without foundation; or (b) continued to litigate after the litigation clearly became frivolous, unreasonable, or without foundation; or
• NOTE: In any action or proceeding brought under Part B of the IDEA, the court, in its discretion, may award reasonable attorneys’ fees as part of the costs to a prevailing State Educational Agency or SAU, to be paid by you or your attorney, if your request for a due process hearing or later court case was presented for any improper purpose, such as to harass, to cause unnecessary delay, or to unnecessarily increase the cost of the action or proceeding.
• NOTE: Award of fees
• NOTE: A court awards reasonable attorneys’ fees as follows:
• NOTE: Fees must be based on rates prevailing in the community in which the action or hearing arose for the kind and quality of services furnished. No bonus or multiplier may be used in calculating the fees awarded.Fees may not be awarded and related costs may not be reimbursed in any action or proceeding under Part B of the IDEA for services performed after a written offer of settlement to you if:The offer is made within the time prescribed by Rule 68 of the Federal Rules of Civil Procedure or, in the case of a due process hearing or State-level review, at any time more than 10 calendar days before the proceeding begins;The offer is not accepted within 10 calendar days; andThe court or administrative hearing officer finds that the relief finally obtained by you is not more favorable to you than the offer of settlement.
• NOTE: Despite these restrictions, an award of attorneys’ fees and related costs may be made to you if you prevail and you were substantially justified in rejecting the settlement offer.
• NOTE: Fees may not be awarded relating to any meeting of the individualized education program (IEP) Team unless the meeting is held as a result of an administrative proceeding or court action.
• NOTE: A resolution meeting, as described under the heading Resolution meeting, is not considered a meeting convened as a result of an administrative hearing or court action, and also is not considered an administrative hearing or court action for purposes of these attorneys’ fees provisions.
• NOTE: The court reduces, as appropriate, the amount of the attorneys’ fees awarded under Part B of the IDEA, if the court finds that:
• NOTE: You, or your attorney, during the course of the action or proceeding, unreasonably delayed the final resolution of the dispute;The amount of the attorneys’ fees otherwise authorized to be awarded unreasonably exceeds the hourly rate prevailing in the community for similar services by attorneys of reasonably similar skill, reputation, and experience;The time spent and legal services furnished were excessive considering the nature of the action or proceeding; orThe attorney representing you did not provide to the SAU the appropriate information in the due process request notice as described under the heading Due Process Hearing Request.
• NOTE: However, the court may not reduce fees if the court finds that the State or SAU unreasonably delayed the final resolution of the action or proceeding or there was a violation under the procedural safeguards provisions of Part B of the IDEA.
• NOTE: Procedures When Disciplining Children with Disabilities
• NOTE: Authority of School Personnel
• NOTE: 34 CFR §300.530
• NOTE: Case-by-case determination
• NOTE: School personnel may consider any unique circumstances on a case-by-case basis, when determining whether a change of placement, made in accordance with the following requirements related to discipline, is appropriate for a child with a disability who violates a school code of student conduct.
• NOTE: General
• NOTE: To the extent that they also take such action for children without disabilities, school personnel may, for not more than 10 school days in a row, remove a child with a disability who violates a code of student conduct from his or her current placement to an appropriate interim alternative educational setting (which must be determined by the child's individualized education program (IEP) Team), another setting, or suspension. School personnel may also impose additional removals of the child of not more than 10 school days in a row in that same school year for separate incidents of misconduct, as long as those removals do not constitute a change of placement (see Change of Placement Because of Disciplinary Removals for the definition, below).
• NOTE: Once a child with a disability has been removed from his or her current placement for a total of 10 school days in the same school year, the SAU must, during any subsequent days of removal in that school year, provide services to the extent required below under the sub-heading Services.
• NOTE: Additional authority
• NOTE: If the behavior that violated the student code of conduct was not a manifestation of the child’s disability (see Manifestation determination, below) and the disciplinary change of placement would exceed 10 school days in a row, school personnel may apply the disciplinary procedures to that child with a disability in the same manner and for the same duration as it would to children without disabilities, except that the school must provide services to that child as described below under Services. The child’s IEP Team determines the interim alternative educational setting for such services.
• NOTE: Services
• NOTE: The services that must be provided to a child with a disability who has been removed from the child’s current placement may be provided in an interim alternative educational setting.
• NOTE: A SAU is only required to provide services to a child with a disability who has been removed from his or her current placement for 10 school days or less in that school year, if it provides services to a child without disabilities who has been similarly removed.
• NOTE: A child with a disability who is removed from the child’s current placement for more than 10 school days must:
• NOTE: Continue to receive educational services, so as to enable the child to continue to participate in the general education curriculum, although in another setting, and to progress toward meeting the goals set out in the child’s IEP; andReceive, as appropriate, a functional behavioral assessment, and behavioral intervention services and modifications, that are designed to address the behavior violation so that it does not happen again.
• NOTE: After a child with a disability has been removed from his or her current placement for 10 school days in that same school year, and if the current removal is for 10 school days in a row or less and if the removal is not a change of placement (see definition below), then school personnel, in consultation with at least one of the child’s teachers, determine the extent to which services are needed to enable the child to continue to participate in the general education curriculum, although in another setting, and to progress toward meeting the goals set out in the child’s IEP.
• NOTE: If the removal is a change of placement (see definition below), the child’s IEP Team determines the appropriate services to enable the child to continue to participate in the general education curriculum, although in another setting, and to progress toward meeting the goals set out in the child’s IEP.
• NOTE: Manifestation determination
• NOTE: Within 10 school days of any decision to change the placement of a child with a disability because of a violation of a code of student conduct (except for a removal that is for 10 school days in a row or less and not a change of placement), the SAU, the parent, and relevant members of the IEP Team (as determined by the parent and the SAU) must review all relevant information in the student’s file, including the child’s IEP, any teacher observations, and any relevant information provided by the parents to determine:
• NOTE: If the conduct in question was caused by, or had a direct and substantial relationship to, the child’s disability; orIf the conduct in question was the direct result of the SAU’s failure to implement the child's IEP.
• NOTE: If the SAU, the parent, and relevant members of the child’s IEP Team determine that either of those conditions was met, the conduct must be determined to be a manifestation of the child’s disability.
• NOTE: If the SAU, the parent, and relevant members of the child’s IEP Team determine that the conduct in question was the direct result of the SAU’s failure to implement the IEP, the SAU must take immediate action to remedy those deficiencies.
• NOTE: Determination that behavior was a manifestation of the child's disability
• NOTE: If the SAU, the parent, and relevant members of the IEP Team determine that the conduct was a manifestation of the child’s disability, the IEP Team must either:
• NOTE: Conduct a functional behavioral assessment, unless the SAU had conducted a functional behavioral assessment before the behavior that resulted in the change of placement occurred, and implement a behavioral intervention plan for the child; orIf a behavioral intervention plan already has been developed, review the behavioral intervention plan, and modify it, as necessary, to address the behavior.
• NOTE: Except as described below under the sub-heading Special circumstances, the SAU must return the child to the placement from which the child was removed, unless the parent and the district agree to a change of placement as part of the modification of the behavioral intervention plan.
• NOTE: Special circumstances
• NOTE: Whether or not the behavior was a manifestation of the child’s disability, school personnel may remove a student to an interim alternative educational setting (determined by the child’s IEP Team) for up to 45 school days, if the child:
• NOTE: Carries a weapon (see the definition below) to school or has a weapon at school, on school premises, or at a school function under the jurisdiction of the State Educational Agency or a SAU;Knowingly has or uses illegal drugs (see the definition below), or sells or solicits the sale of a controlled substance, (see the definition below), while at school, on school premises, or at a school function under the jurisdiction of the State Educational Agency or a SAU; orHas inflicted serious bodily injury (see the definition below) upon another person while at school, on school premises, or at a school function under the jurisdiction of the State Educational Agency or a SAU.
• NOTE: Definitions
• NOTE: Controlled substance means a drug or other substance identified under schedules I, II, III, IV, or V in section 202(c) of the Controlled Substances Act (21 U.S.C. 812(c)).
• NOTE: Illegal drug means a controlled substance; but does not include a controlled substance that is legally possessed or used under the supervision of a licensed health-care professional or that is legally possessed or used under any other authority under that Act or under any other provision of Federal law.
• NOTE: Serious bodily injury has the meaning given the term ‘‘serious bodily injury’’ under paragraph (3) of subsection (h) of section 1365 of title 18, United States Code: Bodily injury that involves a substantial risk of death; extreme physical pain; protracted and obvious disfigurement; or protracted loss or impairment of the function of a bodily member, organ or mental faculty.
• NOTE: Weapon has the meaning given the term ‘‘dangerous weapon’’ under paragraph (2) of the first subsection (g) of section 930 of title 18, United States Code: A weapon, device, instrument, material, or substance, animate or inanimate, that is used for, or is readily capable of, causing death or serious bodily injury, except that such term does not include a pocket knife with a blade of less than 2 ½ inches in length.
• NOTE: Notification
• NOTE: On the date it makes the decision to make a removal that is a change of placement of the child because of a violation of a code of student conduct, the SAU must notify the parents of that decision, and provide the parents with a procedural safeguards notice.
• NOTE: Change of Placement Because of Disciplinary Removals
• NOTE: 34 CFR §300.536
• NOTE: A removal of a child with a disability from the child’s current educational placement is a change of placement if:
• NOTE: The removal is for more than 10 school days in a row; orThe child has been subjected to a series of removals that constitute a pattern because:The series of removals total more than 10 school days in a school year;The child’s behavior is substantially similar to the child’s behavior in previous incidents that resulted in the series of removals;Of such additional factors as the length of each removal, the total amount of time the child has been removed, and the proximity of the removals to one another; and
• NOTE: Whether a pattern of removals constitutes a change of placement is determined on a case-by-case basis by the SAU and, if challenged, is subject to review through due process and judicial proceedings.
• NOTE: Determination of Setting
• NOTE: 34 CFR §300.531
• NOTE: The individualized education program (IEP) Team must determine the interim alternative educational setting for removals that are changes of placement, and removals under the headings Additional authority and Special circumstances, above.
• NOTE: Appeal
• NOTE: 34 CFR §300.532
• NOTE: General
• NOTE: The parent of a child with a disability may file a due process hearing request (see above) to request a due process hearing if he or she disagrees with:
• NOTE: Any decision regarding placement made under these discipline provisions; orThe manifestation determination described above.
• NOTE: The SAU may file a due process hearing request (see above) to request a due process hearing if it believes that maintaining the current placement of the child is substantially likely to result in injury to the child or to others.
• NOTE: Authority of hearing officer
• NOTE: A hearing officer that meets the requirements described under the sub-heading Impartial Hearing Officer must conduct the due process hearing and make a decision. The hearing officer may:
• NOTE: Return the child with a disability to the placement from which the child was removed if the hearing officer determines that the removal was a violation of the requirements described under the heading Authority of School Personnel, or that the child’s behavior was a manifestation of the child’s disability; orOrder a change of placement of the child with a disability to an appropriate interim alternative educational setting for not more than 45 school days if the hearing officer determines that maintaining the current placement of the child is substantially likely to result in injury to the child or to others.
• NOTE: These hearing procedures may be repeated, if the SAU believes that returning the child to the original placement is substantially likely to result in injury to the child or to others.
• NOTE: Whenever a parent or a SAU files a due process hearing request to request such a hearing, a hearing must be held that meets the requirements described under the heading Due Process Hearing Requests except as follows:
• NOTE: The State Educational Agency must arrange for an expedited due process hearing, which must occur within 20 school days of the date the hearing is requested and must result in a determination within 10 school days after the hearing.Unless the parents and the SAU agree in writing to waive the meeting, or agree to use mediation, a resolution meeting must occur within seven calendar days of receiving notice of the due process hearing request. The hearing may proceed unless the matter has been resolved to the satisfaction of both parties within 15 calendar days of receipt of the due process hearing request.A State may establish different procedural rules for expedited due process hearings than it has established for other due process hearings, but except for the timelines, those rules must be consistent with the rules in this document regarding due process hearings.
• NOTE: A party may appeal the decision in an expedited due process hearing in the same way as they may for decisions in other due process hearings (see Appeals, above).
• NOTE: Placement during Appeals
• NOTE: 34 CFR §300.533
• NOTE: When, as described above, the parent or SAU has filed a due process hearing request related to disciplinary matters, the child must (unless the parent and the State Educational Agency or SAU agree otherwise) remain in the interim alternative educational setting pending the decision of the hearing officer, or until the expiration of the time period of removal as provided for and described under the heading Authority of School Personnel, whichever occurs first.
• NOTE: Protections for Children Not Yet Eligible for Special Education and Related Services
• NOTE: 34 CFR §300.534
• NOTE: General
• NOTE: If a child has not been determined eligible for special education and related services and violates a code of student conduct, but the SAU had knowledge (as determined below) before the behavior that brought about the disciplinary action occurred, that the child was a child with a disability, then the child may assert any of the protections described in this notice.
• NOTE: Basis of knowledge for disciplinary matters
• NOTE: A SAU must be deemed to have knowledge that a child is a child with a disability if, before the behavior that brought about the disciplinary action occurred:
• NOTE: The parent of the child expressed concern in writing that the child is in need of special education and related services to supervisory or administrative personnel of the appropriate educational agency, or a teacher of the child;The parent requested an evaluation related to eligibility for special education and related services under Part B of the IDEA; orThe child’s teacher, or other SAU personnel expressed specific concerns about a pattern of behavior demonstrated by the child directly to the SAU’s director of special education or to other supervisory personnel of the SAU.
• NOTE: Exception
• NOTE: A SAU would not be deemed to have such knowledge if:
• NOTE: The child’s parent has not allowed an evaluation of the child or refused special education services; orThe child has been evaluated and determined to not be a child with a disability under Part B of the IDEA.
• NOTE: Conditions that apply if there is no basis of knowledge
• NOTE: If prior to taking disciplinary measures against the child, a SAU does not have knowledge that a child is a child with a disability, as described above under the sub-headings Basis of knowledge for disciplinary matters and Exception, the child may be subjected to the disciplinary measures that are applied to children without disabilities who engaged in comparable behaviors.
• NOTE: However, if a request is made for an evaluation of a child during the time period in which the child is subjected to disciplinary measures, the evaluation must be conducted in an expedited manner.
• NOTE: Until the evaluation is completed, the child remains in the educational placement determined by school authorities, which can include suspension or expulsion without educational services.
• NOTE: If the child is determined to be a child with a disability, taking into consideration information from the evaluation conducted by the SAU, and information provided by the parents, the SAU must provide special education and related services in accordance with Part B of the IDEA, including the disciplinary requirements described above.
• NOTE: Referral to and Action by Law Enforcement and Judicial Authorities
• NOTE: 34 CFR §300.535
• NOTE: Part B of the IDEA does not:
• NOTE: Prohibit an agency from reporting a crime committed by a child with a disability to appropriate authorities; orPrevent State law enforcement and judicial authorities from exercising their responsibilities with regard to the application of Federal and State law to crimes committed by a child with a disability.
• NOTE: Transmittal of records
• NOTE: If a SAU reports a crime committed by a child with a disability, the SAU:
• NOTE: Must ensure that copies of the child’s special education and disciplinary records are transmitted for consideration by the authorities to whom the agency reports the crime; andMay transmit copies of the child’s special education and disciplinary records only to the extent permitted by the Family Educational Rights and Privacy Act (FERPA).
• NOTE: Requirements for Unilateral Placement by Parents of Children in Private Schools at Public Expense
• NOTE: General
• NOTE: 34 CFR §300.148
• NOTE: Part B of the IDEA does not require a SAU to pay for the cost of education, including special education and related services, of your child with a disability at a private school or facility if the SAU made a free appropriate public education (FAPE) available to your child and you choose to place the child in a private school or facility. However, the SAU where the private school is located must include your child in the population whose needs are addressed under the Part B provisions regarding children who have been placed by their parents in a private school under 34 CFR §§300.131 through 300.144.
• NOTE: Reimbursement for private school placement
• NOTE: If your child previously received special education and related services under the authority of a SAU, and you choose to enroll your child in a private preschool, elementary school, or secondary school without the consent of or referral by the SAU, a court or a hearing officer may require the agency to reimburse you for the cost of that enrollment if the court or hearing officer finds that the agency had not made a free appropriate public education (FAPE) available to your child in a timely manner prior to that enrollment and that the private placement is appropriate. A hearing officer or court may find your placement to be appropriate, even if the placement does not meet the State standards that apply to education provided by the State Educational Agency and SAUs.
• NOTE: Limitation on reimbursement
• NOTE: The cost of reimbursement described in the paragraph above may be reduced or denied:
• NOTE: 1. If: (a) At the most recent individualized education program (IEP) meeting that you attended prior to your removal of your child from the public school, you did not inform the IEP Team that you were rejecting the placement proposed by the SAU to provide FAPE to your child, including stating your concerns and your intent to enroll your child in a private school at public expense; or (b) At least 10 business days (including any holidays that occur on a business day) prior to your removal of your child from the public school, you did not give written notice to the SAU of that information;
• NOTE: If, prior to your removal of your child from the public school, the SAU provided prior written notice to you, of its intent to evaluate your child (including a statement of the purpose of the evaluation that was appropriate and reasonable), but you did not make the child available for the evaluation; orUpon a court’s finding that your actions were unreasonable.
• NOTE: However, the cost of reimbursement:
• NOTE: Must not be reduced or denied for failure to provide the notice if: (a) The school prevented you from providing the notice; (b) You had not received notice of your responsibility to provide the notice described above; or (c) Compliance with the requirements above would likely result in physical harm to your child; andMay, in the discretion of the court or a hearing officer, not be reduced or denied for the parents’ failure to provide the required notice if: (a) The parent is not literate or cannot write in English; or (b) Compliance with the above requirement would likely result in serious emotional harm to the child.
• NOTE: Surrogate parents
• NOTE: 34 CFR §300.519
• NOTE: General. (a)
• NOTE: Each public agency must ensure that the rights of a child are protected when—
• NOTE: (1) No parent (as defined in §300.30) can be identified;
• NOTE: (2) The public agency, after reasonable efforts, cannot locate a parent;
• NOTE: (3) The child is a ward of the State under the laws of that State; or
• NOTE: (4) The child is an unaccompanied homeless youth as defined in section 725(6) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a(6)).
• NOTE: Duties of public agency (b)
• NOTE: The duties of a public agency under paragraph (a) of this section include the assignment of an individual to act as a surrogate for the parents. This must include a method—
• NOTE: (1) For determining whether a child needs a surrogate parent; and
• NOTE: (2) For assigning a surrogate parent to the child.
• NOTE: Wards of the State. (c)
• NOTE: In the case of a child who is a ward of the State, the surrogate parent alternatively may be appointed by the judge overseeing the child’s case, provided that the surrogate meets the requirements in paragraphs (d)(2)(i) and (e) of this section.
• NOTE: Criteria for selection of surrogate parents (d)
• NOTE: (1) The public agency may select a surrogate parent in any way permitted under State law.
• NOTE: (2) Public agencies must ensure that a person selected as a surrogate parent—
• NOTE: (i) Is not an employee of the SEA, the LEA, EIS provider or any other agency that provides early intervention services, education, care, or other services to the child or any family member of the child;
• NOTE: (ii) Has no personal or professional interest that conflicts with the interest of the child the surrogate parent represents; and
• NOTE: (iii) Has knowledge and skills that ensure adequate representation of the child.
• NOTE: Non-employee requirement; compensation (e)
• NOTE: A person otherwise qualified to be a surrogate parent under paragraph (d) of this section is not an employee of the agency solely because he or she is paid by the agency to serve as a surrogate parent.
• NOTE: Unaccompanied homeless youth (f)
• NOTE: In the case of a child who is an unaccompanied homeless youth, appropriate staff of emergency shelters, transitional shelters, independent living programs, and street outreach programs may be appointed as temporary surrogate parents without regard to paragraph (d)(2)(i) of this section, until a surrogate parent can be appointed that meets all of the requirements of paragraph (d) of this section.
• NOTE: Surrogate parent responsibilities (g)
• NOTE: The surrogate parent may represent the child in all matters relating to—
• NOTE: (1) The identification, evaluation, and educational placement of the child; and
• NOTE: (2) The provision of FAPE to the child.
• NOTE: SEA responsibility (h)
• NOTE: The SEA must make reasonable efforts to ensure the assignment of a surrogate parent not more than 30 days after a public agency determines that the child needs a surrogate parent.
• NOTE: Transfer of parental rights at age of majority.
• NOTE: 34 CFR §300.520
• NOTE: General (a)
• NOTE: A State may provide that, when a child with a disability reaches the age of majority under State law (age 18 in Maine) that applies to all children (except for a child with a disability who has been determined to be incompetent under State law)—
• NOTE: (1)(i) The public agency must provide any notice required by this part to both the child and the parents; and
• NOTE: (ii) All rights accorded to parents under Part B of the Act transfer to the child;
• NOTE: (2) All rights accorded to parents under Part B of the Act transfer to children who are incarcerated in an adult or juvenile, State or local correctional institution; and
• NOTE: (3) Whenever a State provides for the transfer of rights under this part pursuant to paragraph (a)(1) or (a)(2) of this section, the agency must notify the child and the parents of the transfer of rights.
• NOTE: Special rule (b)
• NOTE: A State must establish procedures for appointing the parent of a child with a disability, or, if the parent is not available, another appropriate individual, to represent the educational interests of the child throughout the period of the child’s eligibility under Part B of the Act if, under State law, a child who has reached the age of majority, but has not been determined to be incompetent, can be determined not to have the ability to provide informed consent with respect to the child’s educational program.

Chapter 104 Education Programs for Gifted and Talented Children

Code Me. R. 05-071 Ch. 104 Educational Programs for Gifted and Talented Children {#sec-05-071-ch.-104 omnilex-key=us-me-regs-official--dept-education-and-state-board-education--05-071 Ch. 104}

SUMMARY: Maine law requires school administrative units to establish educational programs for gifted and talented children by 1991-1992 in the schools of the unit. This rule establishes the gifted and talented education program standards governing each school administrative unit in the state and adopts procedures for ascertaining compliance with all applicable, legal requirements for the establishment, approval, and funding of such programs as authorized by Title 20-A, section 8101, et seq. and section 15603, sub-section 22(c).

Part 1. GENERAL PROVISIONS

104.01 General Objectives

This rule establishes the standards and procedures governing the establishment, implementation, and approval of educational programs for gifted and talented children in each school administrative unit, including needs assessment, identification of students, and program planning, development, delivery and review. Its intent is to provide a framework to assure the establishment of programs in the elementary and secondary schools of each school administrative unit in an appropriate and timely manner.

104.02 Definitions

Commissioner: "Commissioner" shall mean the Commissioner of Education or a designee.

Department: "Department" shall mean the Department of Education.

Gifted and Talented Children: "Gifted and talented children" shall mean those children in grades K-12 who excel, or have the potential to excel, beyond their age peers, in the regular school program, to the extent that they need and can benefit from programs for the gifted and talented. Gifted and talented children shall receive specialized instruction through these programs if they have exceptional ability, aptitude, skill, or creativity in one or more of the following categories:

1. General Intellectual Ability as shown by demonstrated significant achievement or potential for significant accomplishment above their age peers in all academic areas

2. Specific Academic Aptitude as shown by demonstrated significant achievement or potential for significant accomplishment above their age peers in one or more academic area(s)

3. Artistic Ability as shown by demonstrated significant achievement or potential for significant accomplishment above their age peers in the literary, performing, and/or visual arts

NOTE: Children with exceptional General Intellectual Ability and/or exceptional Specific Academic Aptitude usually comprise five percent of the school population. Students with exceptional Artistic Ability usually comprise five percent of the school population. Children in the top two percent of the school population may be considered highly gifted.

Gifted and Talented Educational Program: A "gifted and talented educational program" shall mean a comprehensive, K-12 program that provides specialized instruction beyond that available within the regular school program.

PART 2. STANDARDS AND PROCEDURES FOR EDUCATIONAL PROGRAMS FOR GIFTED AND TALENTED CHILDREN

104.03 General Requirement

Each school administrative unit shall, commencing with the 1987-1988 school year, establish a plan for the implementation of gifted and talented educational programs for grades kindergarten through twelve by 1991-1992 in the schools operated by the unit.

104.04 General Principles for Gifted and Talented Educational Programs.

Gifted and talented programs in the State are to be based on the following educational principles:

1. Gifted and talented children need to move at their own rate, regardless of chronological age or grade placement; therefore, academic subjects, including the fine arts, shall be taught to them in a manner that allows them to learn at their appropriate instructional level and at their own pace.

2. Gifted and talented children need diversity in their educational experiences; therefore, diverse and appropriate learning experiences shall be offered through a variety of program models, instructional strategies and materials.

3. Gifted and talented children need to be challenged to develop their abilities and potential; therefore, specialized curricula that are advanced, conceptually complex and carefully differentiated from regular curricula shall be provided in lieu of the regular curricula.

4. Gifted and talented children's needs vary as they progress through the elementary and secondary grades; therefore, instructional settings shall be appropriate to their changing needs.

5. Highly gifted and talented children may need further modifications to their educational programs; therefore, appropriate adjustments or alternatives to their gifted and talented programs must be made.

104.05 Needs Assessment and Five-Year Phase-In Plan

Each school administrative unit shall conduct a needs assessment for the establishment of the gifted and talented program in the schools of the unit, and, commencing with the 1987-1988 school year, establish a plan for phasing in gifted and talented educational programs, K-12, by 1991-1992.

By October 31, 1987, each school administrative unit, with the approval of its school board, shall submit to the Department a Five-Year Phase-In Plan on forms provided by the Department. The superintendent of the school unit is responsible for supplying all information necessary for a determination that a plan delineating activities for each year of the five year phase in period has been established for the schools in the unit. The plan submitted must be signed by the superintendent of the school administrative unit certifying that the form contains information that is accurate at the time of reporting, and that the plan will be implemented in a timely fashion.

Each school administrative unit shall annually update its plan on forms provided by the Department and submit it by September 30 of each school year.

104.06 Identification: Establishment of Process

The superintendent, under policies adopted by the school board, shall establish a process for the identification of children for the gifted and talented program for each school in the school administrative unit. Each school unit shall conduct an initial screening and, thereafter, an annual review of the K-12 school population to ensure that all children have an equal opportunity to be considered for selection and placement in the gifted and talented program. Instruments and procedures used in the identification process shall be as non-discriminatory as possible with respect to race, cultural or economic background, religion, national origin, sex, or handicapping condition.

104.07 Screening

Screening procedures shall be appropriate to the developmental characteristics of elementary and secondary school children and to the abilities or aptitudes being identified. Each school unit shall establish a procedure that uses a minimum of three assessment methods for each of the three categories in which gifted and talented children are identified. Information derived from any one of the selected screening methods may qualify a child for further consideration.

A. For General Intellectual Ability: The screening procedure shall include objective and subjective assessment methods selected from the following:

1. Objective

a. Individual intelligence, achievement, or aptitude tests

b. Group intelligence, achievement, or aptitude tests

c. For grades K-2, other appropriate methods that have received prior approval from the Commissioner

2. Subjective

a. Teacher referral based on an appropriate screening checklist

b. Referral by parents, peers, or members of the community

c. Self-referral

d. Pupil products, performance, or record of past performance

e. Other appropriate methods that have received prior approval from the Commissioner

B. For Specific Academic Aptitude: The screening procedure shall include objective and subjective assessment methods ,selected from the following:

1. Objective

a. Individual achievement, or aptitude tests

b. Group achievement, or aptitude tests

c. For grades K-2, other appropriate methods that have received prior approval from the Commissioner

2. subjective

a. Teacher referral based on an appropriate screening checklist

b. Referral by parents, peers, or members of the community

c. Self-referral

d. Pupil products, performance, or records of past performance

e. other appropriate methods that have received prior approval from the Commissioner

C. For Artistic Ability: The screening procedure shall include three measures chosen from the following:

1. Pupil products, such as auditions, portfolios, works-in-progress, performance

2. Pupil interview

3. Teacher referral

4. Referrals by professional artist(s) based on analysis of pupil work

5. Self-referral

6. Referral by parents, peers, members of the community

7. Other appropriate measures that have received prior approval from the Commissioner

104.08 Selection

Annually, a team of at least three qualified professionals shall select children for placement in the gifted and talented program.

A. The team shall include, but not be limited to, the following staff:

1. An administrator

2. A teacher

3. Another individual, who may be a school employee or another person, who would aid the selection procedure, e.g., an artist for selection of students with artistic ability; a guidance counselor

B. The responsibilities of this selection team are as follows:

1. Review the information collected on children who have met the screening criteria.

2. Collect additional information when appropriate.

3. Select children for placement in the gifted and talented program based upon an in-depth assessment of the collected information.

4. Oversee the annual review of the selection process.

5. Assure that the selection process is equitable.

104.09 Placement

Selected children shall be appropriately placed in a gifted and talented program. The superintendent, under policies adopted by the school board, shall establish procedures to accomplish the following:

1. Assure collaboration between the regular classroom teacher and gifted and talented program staff to develop the program that will be provided for selected children.."

2. Notify the superintendent of the children selected for the program.

3. Provide the superintendent a description of the program(s) that will be provided.

4. Notify parents of the eligibility of their child for participation in the program, provide them with a description of the program and obtain written parental permission to place the child in the program.

5. Maintain records on each child's participation in the gifted and talented program.

6. Conduct an annual review of each child's program to evaluate appropriateness of placement and instruction.

104.10 Review of Identification

The superintendent, under policies adopted by the school board, shall establish a procedure to review the identification of children for the gifted and talented program. Requests for such review may be made to the superintendent for these purposes:

1. To reconsider the eligibility of a child to be selected for inclusion in the gifted and talented program

2. To review the appropriate placement of a child within the program

3. For removal of a child from the program

104.11 Program Personnel

Personnel employed in the school unit's gifted and talented program shall be properly certified and possess such other skills as are appropriate and necessary f or the particular assignments within the program.

1. Personnel with overall administrative responsibility for the program shall be certified administrators.

2. Professional staff with teaching, coordinating or consulting responsibilities for the program shall be certified teachers or administrators.

3. other personnel who assist with program activities or who work directly with gifted and talented children may be individuals classified as auxiliary personnel who have received prior approval from the Commissioner.

4. Personnel who are not employed as full- or part-time employees of the school unit but who render instructional or consulting services may work in the capacity of independent contractors. These may include persons sponsored by the Maine Arts Commission in the visiting artist program.

Personnel shall participate in gifted and talented education training experiences appropriate to their program responsibilities and as required and approved by the Department, including, but not limited to, the Department-sponsored Gifted and Talented Summer Training Institute.

PART 3 PROCEDURAL REQUIREMENTS

104.12 General Purpose

This section establishes the procedures for compliance with State requirements for program approval, program reviews, and receipt of State subsidy aid.

104.13 Program Approval: General Principles

Each school administrative unit shall apply annually to the Department for approval of its gifted and talented program(s) on forms provided by the Department. The superintendent of the school administrative unit is responsible for supplying all information necessary for a determination that the program is entitled to approval. The application form must be signed by the superintendent of the school administrative unit in which the program is located certifying that the form contains information that is accurate at the time of reporting.

104.14 Program Approval Application

The application for Program Approval submitted for September 30, 1987 through September 30, 1990 may represent partial or full implementation of the gifted and talented program in the schools of the unit. As of September 30, 1991, the application for Program Approval must represent full implementation of the gifted and talented program. The following information shall be required and must reflect the degree of implementation at the time of reporting:

1. The school unit's philosophy for the gifted and talented program

2. A program abstract which describes the children to be served and the program(s) to be implemented in the school(s) of the unit

3. The goals, objectives, and activities for each program component, K-12

4. A description of the identification process used: screening, selection, placement, and review policies and procedures

5. The staff development that takes place in order to implement the program(s)

6. A description of the staffing and management of the program(s)

7 A description of the annual program self-evaluation process

8. A description of the costs to be incurred to implement the program(s)

9. For those school units requesting approval of allowable costs for State subsidy aid, a budget proposal

104.15 Approval Status

Approval status shall be awarded when the Commissioner determines that the program complies with all approval standards related to the degree of implementation of the program. Upon obtaining approval by the Commissioner, the school unit shall be entitled to operate the gifted and talented program and to receive State subsidy aid in order to implement the program. As of September 30, 1992, approval status shall be awarded when the Commissioner determines that the, program complies with all approval standards and represents the full implementation of the program.

104.16 Annual Program Approval

To maintain program approval status, the following information shall be required annually of each school unit:

1. Any information that represents an alteration, addition, or deletion to-any program category (104.14, 1-9) as reported and approved in the original Program Approval Application.

2. Results of the annual self-evaluation process.

Failure to submit required reports and applications in a timely manner shall be grounds for loss of program approval and of State subsidy aid. As of September 30, 1992, such failure to establish educational programs for gifted and talented children in the school administrative unit may result in a finding of noncompliance by the Commissioner, loss of general school approval status, and penalties provided by law.

104.17 Program Review

For the purpose of determining compliance with this rule, the Department will conduct periodic reviews of the gifted and talented program(s) in each school administrative unit.

A. Review As a Part of the Comprehensive School Approval Review

At least once in each five-year period, the Department shall conduct a review of the gifted and talented program(s) in the schools of each school administrative unit as a part of the comprehensive review of all schools in the unit. The findings resulting from this review, the program approval application submitted annually by the school unit, and the results of the local, annual, self-evaluation shall be the basis for determining whether the unit, and/or any school within it, is in compliance with gifted and talented program approval standards. These reviews shall be scheduled as part of and pursuant to Chapters 125 and 127 of the Department's rules.

B. Review As a Part of the Special Education Review

The Department may conduct a review as a part of the regularly scheduled Special Education Program Review.

C. Review As a Special Review

The Commissioner may conduct such other reviews of the gifted and talented program in the schools in a school administrative unit as may be appropriate. This may include a review as part of an inspection at any time, pursuant to Title 20-A, section 258-A in order to determine whether the unit is in compliance with gifted and talented program standards. The Commissioner may schedule a comprehensive review as soon as practicable or conduct a more limited review for this purpose.

104.18 Reporting

The results of all program reviews and recommendations for the gifted and talented program shall be presented to the superintendent of a school administrative unit and to the commissioner.

Any program which demonstrates approved standards, promising practices, exemplary program models, and/or replicable approaches to programming shall be recognized.

Any program which fails to meet gifted and talented program approval standards for compliance shall be in a probationary status, subject to loss of State subsidy aid for this program, subject to loss of general school approval and shall be required to file with the Commissioner an acceptable written plan of corrective action to be accomplished within a reasonable time. Approval status shall be reinstated upon a determination o f compliance with program approval standards.

PART 4 ALLOWABLE COSTS

104.19 Allowable Costs for State Subsidy Purposes

The costs for a gifted and talented program which has been approved by the Commissioner for State subsidy aid and is a part of the school day, are allowed. These costs may be claimed as a Special Education Program cost in gifted and talented education in lieu of regular Elementary and Secondary Operating Costs and may include the budget categories listed below.

104.20 Program Personnel

The costs of personnel, including contracted salary and benefits, or a portion thereof, are allowed. Staffing options include:

1. Personnel with full time teaching and/or administrative responsibility for the gifted and talented program.

2. Professional staff with full or part time teaching, coordinating and/or consulting responsibility for the gifted and talented program.

NOTE: Full-time staff for the program may use up to 10 percent of their time to carry out the program related activities that benefit children other than those participating in the gifted and talented program in order to provide a bridge to the regular school program.

a. The costs, or a portion thereof, of elementary school personnel are allowed if such personnel work a minimum of one-fifth time exclusively In the-gifted and talented program.

Secondary school personnel with coordinating and/or consulting responsibility or who teach a credit-bearing course of specialized instruction in the gifted and talented program may have a percentage of their time included in the annual claim of allowable gifted and talented expenditures. The course taught must have a total maximum enrollment of fifteen (15) identified gifted and talented students per class period and follow a course syllabus approved within the school administrative unit's approved program. The salary and benefits of the teacher are divided by the number of classes scheduled per day in the school schedule. For example, a teacher with one approved class of gifted and talented students out of a seven-period day may have one-seventh (1/7) of his/her salary and benefits included in the claim for allowed costs under this rule.

3. other individuals classified as auxiliary personnel ,with specialized knowledge, skills or expertise who assist with program activities or work directly with gifted and talented children.

a. The costs of compensation to individuals who lack professional certification and who have specialized knowledge and/or skills in a particular field are allowed, provided that:

(i) The services to be provided by these individuals are an integral part of the unit's overall program of services for gifted and talented children.

(ii) The services are not available from the unit's regular professional educational staff.

(iii) The services are necessary to fulfill the educational plans of gifted and talented children

(iv) The services are carried out under the direct supervision of a certified teacher or administrator in the gifted and talented program.

(v) The employment of such personnel has received prior approval from the Commissioner.

4. Individuals, classified as independent contractors, with specialized knowledge, skills or expertise who provide consulting services to school staff or instructional services to children.

a. The costs of consulting services by such individuals are allowed, provided that:

(i) The consulting services are appropriate and necessary for the gifted and talented program.

(ii) The consulting services are limited in scope and do not replace direct instructional services to children.

b. The costs of instructional services by such individuals are allowed, provided that:

(i) The services to be provided by these individuals are an integral part of the unit's overall program of services for gifted and talented children.

(ii) The services are not available from the unit's regular professional educational staff.

(iii) The services are necessary to fulfill the educational plans of gifted and talented children.

(iv) The services are carried out under the direct supervision of a certified teacher or administrator in the gifted and talented program.

(v) The services are limited in scope and duration.

(vi) The employment of such personnel has received prior approval from the Commissioner.

104.21 Staff Development

The costs of staff development in gifted and talented education for professional staff are allowed. These may include school administrative unit or school in-service programs, training institutes, or conferences.

104.22 Tuition

1. The tuition of certified teachers or administrators to university-level courses in gifted and talented education is allowed for personnel with direct administrative or instructional responsibility for the gifted and talented program. The tuition reimbursement is limited to one course per person per semester.

2. The tuition of students to summer gifted and talented programs which are sponsored by the Department is allowed.

104.23 Educational Materials and Supplies

The costs of educational materials and supplies which are used to implement the gifted and talented program are allowed.

104.24 Federal and State grant funds

Federal and State grant funds used for gifted and talented programs approved by the Commissioner may be included as allowable costs under this program.

104.25 Reports

Annual expenditures and claims for the inclusion in the State and local allocation of allowable gifted and talented program expenditures shall be made, following the close of each school fiscal year, using the EF-S-02 Special Education Program report form in accordance with its accompanying instructions under the provisions of the School Finance Act, and pursuant to 20A MRSA Section 8301, sub-section 19(c). Only costs allowed and approved by the Commissioner may be claimed.

History

• STATUTORY AUTHORITY: 20-A MRSA Section 8101 et seq. and section 15603, sub-section 22(c).
• EFFECTIVE DATE: July 1, 1987
• EFFECTIVE DATE (ELECTRONIC CONVERSION): May 19, 1996
• EFFECTIVE DATE (ELECTRONIC CONVERSION): 05-071 Chapter 104 page 1

Chapter 112 Professional Standards Board

Code Me. R. 05-071 Ch. 112 Professional Standards Board {#sec-05-071-ch.-112 omnilex-key=us-me-regs-official--dept-education-and-state-board-education--05-071 Ch. 112}

SUMMARY: This rule contains procedures guiding the operations of the Professional Standards Board in its role under Title 20-A, Chapter 502-B to make recommendations to the State Board and advise the Department of Education.

SECTION 1. Purpose

1. The Purpose of the Professional Standards Board is to implement MRSA Title 20-A Chapter 502-B §§ 13101-13103, establishing Professional Standards Board to advise the State Board regarding professional growth, certification, endorsement, authorization and governance of the education profession in this State.

SECTION 2. Board Organization and Meetings

1. The members of the Board shall annually elect a chair and a vice chair from among their membership.

a. Elections of officers will take place in June of each year and take effect July 1st.

2. The Board shall meet 5 times each fiscal year.

3. The Board calendar shall be based upon the fiscal year.

4. The Board shall meet at the call of the chair or a majority of the Board.

SECTION 3. Conducting Business

1. Quorum

a. A majority of all Board voting members shall constitute a quorum.

b. Unless otherwise provided by statute, Robert's Rules of Order shall govern the proceedings of all Professional Standards Board meetings.

2. Voting

a. Members must be present to vote. All votes shall be by hand except where indicated otherwise. The Chair may vote.

b. A majority vote of those present, except as otherwise indicated in Sec. 3.1.b. (above), shall carry a motion.

3. Committees

a. The Board may establish such committees as it deems necessary to carry out its responsibilities.

b. The committees may include standing committees that continue from year to year and ad hoc committees created to serve a single specific purpose. They serve for a term not to exceed one year and expire on June 30th.

c. The chairs and members of all standing committees are appointed annually by the chair of the Board to serve a term of one year, beginning on July 1st.

4. The Board shall maintain records and minutes of its meetings and actions, including:

a. Votes taken and the number of members voting for, voting against, or abstaining from each vote.

b. A brief summary of each report given by a Board officer, committee, or special report.

c. Actions taken by the Chair such as appointments to committees, the establishment of committees, parliamentary rulings by the Chair, etc.

d. Draft Minutes shall be distributed to Professional Standards Board members for review prior to the subsequent Board meeting.

e. Minutes and records of the Professional Standards Board shall be filed with the certification office within the Department of Education.

SECTION 4. Initial Convening

1. The Board will be convened by a chairperson pro tempore appointed by the chair of the State Board for the purposes of presenting the Rules and supervising the election of a presiding chair who will begin their term immediately upon election.

History

• STATUTORY AUTHORITY: 20-A §13104
• EFFECTIVE DATE: July 26, 2020 – filing 2020-166

Chapter 114 Purpose, Standards and Procedures for the Review and Approval ofEducational Personnel Preparation Programs

Code Me. R. 05-071 Ch. 114 Purpose, Standards and Procedures for the Review and Approval of Preparation Programs for Education Personnel {#sec-05-071-ch.-114 omnilex-key=us-me-regs-official--dept-education-and-state-board-education--05-071 Ch. 114}

SUMMARY: This Chapter contains the State Board of Education standards and procedures for the review and approval of preparation programs for education personnel.

SECTION 1: PURPOSE, PREPARATION AND DEFINITIONS

1.1 Statement of Purpose

The preparation of educators cannot be a static process in an ever-changing environment. Maine higher education units with programs that have been approved for this purpose are expected to be dynamic, to strive for continuous improvement, and to utilize the outcomes of new knowledge, practices, and technologies. They are expected to be involved in a process by which faculty and administrators, in collaboration with practitioners, are thinking and talking about the preparation of teachers and other educators. They are expected to be committed to assuring that teacher candidates are prepared with the knowledge and skills necessary to assist Maine students to meet Maine’s Learning Standards. They are expected to collect and analyze data about their effectiveness, and make changes to improve their programs. They are expected to be engaged in ongoing self-assessment in which they assess the needs of schools and candidates, identify potential problems and points of vulnerability, and develop strategies for becoming more effective. They are expected to be in a transitional mode where an early and on-going emphasis upon clinical practice experiences becomes the norm. The evolving world of education and educational reform demands the continuous development of education programs. For this reason, state program approval must be initially conducted and periodically revisited.

A preparation program for education personnel must meet the state adopted standards and be authorized as an accredited degree-granting unit to recommend its graduates for certification. All units preparing educators for certification must have State approved programs. Successful completion of an approved program entitles an individual to be recommended for certification in the appropriate categories for which the unit is approved.

Following a unit's initial approval to offer educator preparation programs, approval must be reaffirmed every five (5) or seven (7) years, so long as a unit continues to satisfy the standards and requirements as established by the Maine State Board of Education as demonstrated in an annual Program Update as described in Section 4.4(1).

The State Board of Education and the Department of Education are committed to promoting the development of innovative and collaborative practices in programs for the preparation of educator personnel. The six program approval standards encourage innovations and interactive practices in such areas as gender equity, cultural diversity, involvement of parents and community and to preparing education personnel. Additionally, the Board and the Department clearly support innovation in unit/school relationships in areas such as collaborative program development, and school-and classroom-based research. These innovative and collaborative approaches must be evident in unit policies and practices.

1.2 Statement of Vision – Teaching and Learning

The Maine State Board of Education has formally adopted and recognizes that the Maine Learning Standards are built on the following Guiding Principles.

Each student must leave school as:

A clear and effective communicator

A self-directed and lifelong learner

A creative and practical problem solver

A responsible and involved citizen

An integrative and informed thinker

The Maine State Board of Education’s vision for schools in Maine includes:

Personal learning plans that target each student’s individual and common learning goals that will, throughout his or her school career, lead toward Maine’s Guiding Principles and the goals that are built around Maine’s Learning Standards following a timeline for learning that is individualized.

Processes in place which allow students to reach the goals identified in the personal learning plan; teams of teachers, at all levels, who have sufficient time and resources to learn, to plan, and to confer with individual students, colleagues and families.

Creating assessments of individual student progress based on multiple measures, using both formative and summative assessments.

Resources, such as after-school programs, technology resources and training every student and educator, professional learning communities, professional development, rubrics to establish shared expectations, and ongoing collaborations between parents and educators.

School environments where learning governs the allocation of time, space, facilities, services and individual timelines.

1.3 Definitions:

The following definitions refer to the specific use of terms in this Chapter only as they relate to the program review and approval process for certification of education personnel.

Accreditation:

A process for assessing and enhancing academic and educational quality through voluntary peer review; also the decision rendered by an accrediting agency when an institution/agency or professional education unit meets its standards and requirements.

Accredited:

When an educational institution meets required standards or accepted criteria of quality in its educational program as established by a regional or national accrediting agency that is recognized by the US Secretary of Education.

ACT Exam:

The ACT (American College Test) is a national college admission and placement exam that assesses high school students’ general educational development and their ability to complete college-level work.

Administrator:

An administrator is a leader in a district, school building or program area who focuses on improved learning by managing, supervising, mentoring and evaluating professional staff and by overseeing programs, curriculum, instruction, and student assessment. He/she is an individual certified to provide services in any of the following capacities: superintendent, assistant superintendent, principal, assistant principal, teaching principal, administrator of special education, assistant administrator of special education, administrator of career and technical education, assistant administrator of career and technical education, curriculum coordinator/instructional supervisor, director of adult and community education, or assistant director of adult and community education.

Advanced Program:

A professional education program leading to certification offered at a level other than for P-12 provisional or professional teacher or administrator certification at the post-baccalaureate level designed for the continuing education of teachers who have previously completed an initial preparation program or for the preparation of other school personnel. Advanced preparation programs award graduate credit at the masters, specialist, and doctoral degree levels as well as non-degree licensure programs offered at the graduate level.

Alternate Route Program:

An organized, performance-and-standards-based professional preparation and support program leading to initial teacher certification. A participant in such a program has an appropriate undergraduate degree or non-traditional preparation path designed for individuals who did not prepare as educators during their undergraduate studies. These programs or paths lead to initial teacher certification, often in teacher shortage areas. A participant in an alternate route program or path will have earned an appropriate undergraduate degree.

Alternate Route Teacher Candidate:

An individual with a minimum of a bachelor’s degree in a content field or a degree that supports the academic content knowledge of the teaching field for which the individual is seeking initial certification, but whose undergraduate or graduate work did not include pedagogical knowledge and skills. The alternate route teacher candidate will not have held an initial teaching certificate before.

Approved Program:

A professional education program developed and offered by a unit that includes a Maine college or university that has been assessed by a review team utilizing the standards contained within Chapter 114 and authorized by the Maine State Board of Education to prepare PK-12 educators. (See definition of “unit” below).

Assessment System:

A comprehensive and integrated set of evaluation measures that provide information for use in monitoring candidate performance and managing and improving unit operations and programs for the preparation of professional educators.

Basic Skills Assessment:

Before a traditional or non-traditional student can be admitted to candidacy status in a state approved teacher education program, he/she must take and successfully pass the rigorous basic skills assessment as defined by the Maine State Board of Education.

CAEP:

Council for the Accreditation of Educator Preparation (CAEP) is the national professional accrediting body for educator preparation programs.

Candidacy Status:

The designation assigned to a student who has taken and successfully passed the PRAXIS I exam or its equivalent, rigorous basic skills assessment as defined by the Maine State Board of Education, and any other institutional benchmarks.

Candidates:

Individuals admitted to, or enrolled in, programs for the initial or advanced preparation of teachers, teachers continuing their professional development, or other professional school personnel. Candidates are distinguished from “students” in PK-12 schools.

Candidate Performance Data:

Information derived from assessments of candidate proficiencies in areas of teaching and effects on student learning, candidate knowledge and dispositions. Candidate performance data may be derived from a wide variety of sources, such as projects, essays or tests demonstrating subject content mastery, employer evaluations, state licensure tests and mentoring year “portfolios,” as well as assessments, projects, reflections, clinical observations and other evidence of pedagogical and professional teaching proficiencies.

Commissioner:

The Commissioner of the Department of Education or a designee.

Clinical Experiences:

Direct experiences for candidates in PK-12 schools, including field experiences, prior to student teaching or internship; internships for preparation programs other than teacher preparation; and student teaching.

Clinical Faculty:

Higher education faculty responsible for instruction, supervision, and assessment of candidates during field experience and clinical practice.

Clinical Focus of Program:

In the redesign of educator preparation programs there is the expectation that an early, expanded, and on-going emphasis will be placed upon clinical practice experiences and that these experiences will become the norm.

Common Core State Standards – CCSS :

Performance-based norms, aligned with college and work expectations, as well as being internationally benchmarked, define the knowledge and skills that students must develop within their PK-12 education careers so that they will graduate from high school able to succeed in entry-level, credit-bearing academic college courses and in workforce training programs.

Conceptual Framework:

A conceptual framework(s) establishes the shared vision for a unit’s efforts in preparing educators to work in PK-12 schools. It provides direction for programs, courses, teaching, candidate performance, scholarship, service, and unit accountability. The conceptual framework(s) is knowledge-based, articulated, widely shared, coherent, consistent with the unit and/or unit mission, and continuously evaluated. The conceptual framework(s) provides the unit’s intellectual philosophy.

Content Area Methods:

A grade level and subject area specific course, integrating pedagogy and content, offered as a component of an approved teacher preparation program.

Content Knowledge:

Understanding of the central concepts, methods of inquiry, and structures of a subject area.

Cooperating Teachers:

Certified school-based faculty who advise, supervise, and assist with the evaluation of unit candidates placed with them during field experiences, practical, and clinical practice.

Department:

Maine Department of Education.

Dispositions:

The values, commitments and professional ethics that influence behaviors toward students, families, colleagues, and communities and affect student learning, motivation, and development as well as the educator’s own professional growth. Dispositions are guided by beliefs and attitudes related to values such as caring, fairness, honesty, responsibility, and social justice.

Diversity:

Differences among groups of people and individuals based on age, race, culture, ethnicity, experiences, socioeconomic status, gender, language, exceptionalities, religion, sexual orientation, learning style, and geographic region in which they live.

Educator:

A person involved in PK-12 education that requires certification including, but not limited to teachers, administrators and specialists; or 2) a person in a higher education institution with responsibility for educator preparation programs.

Education Personnel:

Persons employed in PK-12 educational settings in an instructional or instructional support capacity requiring certification or authorization in accordance with the provisions of Maine Department of Education Regulation Chapter 115.

Educational Specialist:

School-based personnel with job designations in one or more of the following capacities: athletic director; school counselor; library-media specialist; literacy specialist; school psychological service provider psychologist; school nurse; special education consultant; speech and language clinician; or career and technical education evaluator.

Exceptionalities:

Physical, mental, or emotional conditions, including gifted/talented abilities, that requires individualized instruction and/or other educational support or services.

Exhibit:

Materials that are presented by the unit to the Review Team during the site visit including the conceptual framework(s), self assessment, supporting documents and other materials and evidence prepared by the unit for the site visit .

Faculty:

Professional education faculty members who are employed by higher education units and PK-12 school faculty who supervise clinical practice.

Field Experiences:

A variety of early and on-going field-based opportunities in which candidates may observe, assist, tutor, instruct, and/or conduct research. Field experiences may occur in off-campus settings such as schools, community centers or homeless shelters that are designed to permit pre-service candidates to engage in observation of teachers in a classroom setting and to assume progressive levels of teaching responsibility that shall take place prior to the culminating student teaching experience.

General Education Program:

The component of the college or university baccalaureate degree program that emphasizes the study of the behavioral and social sciences, fine arts, humanities, natural sciences, and mathematics.

Governance:

The system and structure for defining policy, providing leadership, and managing and coordinating the procedures and resources that ensure the quality of all school personnel prepared at the unit.

GRE Exam:

The Graduate Record Examination (GRE) is a standardized test that is an admissions requirement for many graduate schools in the United States. It aims to measure verbal reasoning, quantitative reasoning, analytical writing and critical thinking skills that have been acquired over a long period of time - not related to any specific field of study.

Higher Education Institution:

An accredited institution approved by the state to grant baccalaureate and/or graduate degrees that offers programs for the professional preparation of educators.

Indicators:

A knowledge, skill or ability used to demonstrate mastery of a designated standard. The operational definitions that define the evidence that professional education programs will provide to demonstrate that a standard is met.

Initial Program:

The program that when completed qualifies an individual for his or her first certification as a P-12 teacher. A program that prepares candidates at the baccalaureate or post-baccalaureate level for their first certification as a PK-12 teacher, specialist, or school leader.

InTASC

The Interstate Teacher Assessment and Support Consortium (InTASC) is a project of the Council of Chief State School Officers (CCSSO) that has developed model performance-based standards and assessments for the certification of teachers which are known as the “Common Core Teaching Standards”.

ISLLC:

Interstate School Leaders Licensure Consortium, a source of national standards for school administrators developed by the Council of Chief School Officers (CCSSO).

Institutional Standards:

Candidate knowledge, skills and dispositions identified by the institution to reflect its mission and the unit’s conceptual framework.

Instructional Technologies:

The study of computer/technology operations and concepts, the personal and professional uses of technology, the application of technology in instruction, specialty content preparation in educational computing and technology literacy, and the uses of technology-based productivity tools to support instruction and student learning. Technology operations and concepts that include the application of technology in instruction; specialty content preparation in educational computing; technology literacy, and the uses of technology-based productivity tools to support instruction and student learning.

Learning Community:

A learning community consists of program stakeholders whose members share accountability for supporting the distinct learning needs of one another and for advancing the knowledge of the community.

Knowledge Bases:

The research and theoretical bases upon which a program of study in professional education is founded. Examples might include: empirical research; action research; disciplined inquiry, and informed theory.

Local Support Team (LST):

A Local Support Team (LST) is established in a school administrative unit where a teacher candidate is employed. The LST exists to support such candidates as they pedagogically prepare to qualify for initial teacher certification. LSTs are comprised of a school-based administrator; a school-based mentor or teaching coach; a supervisor employed by the non-traditional preparation path provider; and a content specialist (if either the mentor or supervisor are not also a content specialist in the candidate’s teaching field).

Maine Learning Results Standards:

These are the Maine PK-12 Maine Kindergarten-Grade 12 student standards which identify the knowledge and skills that are essential to prepare students for work, for higher education, for citizenship, and for personal fulfillment.

Major:

A field of study in which a candidate completes an academic specialization as part of an approved program leading to certification.

Mentor:

A professional teacher, master teacher, administrator, educational specialist or other educator from inside or outside the school unit who may perform functions of support for an initial educator.

Minor:

A field of study in which a candidate completes an academic specialization as part of an approved program leading to certification in addition to the major.

NETS

The National Educational Technology Standards (NETS) are a set of standards published by the International Society for Technology in Education (ISTE) for the purpose of leveraging the use of technology in K-12 education. There are three groupings: NETS.S – student technology standards; NETS.T – teacher technology standards; and NETS.A – Administrator technology standards.

NCATE:

The National Council for Accreditation of Teacher Education (NCATE) is a national professional accrediting body for educator preparation programs.

Non-Traditional Teacher Preparation Paths:

Alternate teacher preparation paths which prepare individuals with a minimum of a four-year bachelor’s degree, or a verifiable equivalent, in a content field that supports the academic content knowledge of the content field for which the individual is seeking initial teacher certification, but whose undergraduate or graduate work did not include pedagogical knowledge and skills. Alternate teacher preparation path candidates will not have held an initial teaching certificate before.

Non-Traditional Preparation Path Provider:

Any Maine State Board of Education approved professional education unit that accommodates the preparation needs of alternate route teacher candidates and supervises their instruction as they seek to acquire the necessary pedagogical skills to qualify for initial teacher certification.

Paraprofessional:

An educational technician who assists appropriately certified personnel with the supervision of PK-12 pupil activities.

Pedagogical Content Knowledge:

An integration of teacher understanding that combines content (subject matter), pedagogy (instructional methods), and learner characteristics (cultural backgrounds, prior knowledge, and experiences) – in its simplest form, it is the knowledge of how to teach a subject.

Pedagogical Knowledge:

An understanding of learning, human development, professional ethics, motivational techniques, cultural and individual differences, instructional strategies, classroom management, and assessment strategies that have an impact on the learner designed to have a positive impact on learners.

Performance Assessment:

A comprehensive assessment through which candidates demonstrate their proficiencies in subject, professional and pedagogical knowledge, and skills including their abilities to have positive effects on student learning.

Performance-Based Program:

A professional preparation program that systematically gathers, analyzes, and uses data for self-improvement and candidate advisement; especially data that demonstrate candidate proficiencies, including positive effects on student learning (also referred to as Proficiency-Based Program).

Performance Criteria:

Descriptions or rubrics that specify qualities or levels of candidate proficiency and are used to evaluate candidate performance.

PLT Exam:

The Principles of Learning and Teaching (PLT) Exam is the set of standardized tests that individuals seeking to be certified to teach in the state of Maine must successfully pass, if they have not completed a state approved educator preparation program offered by a regionally accredited institution. The exam measures both general and subject-specific knowledge and teaching skills.

Portfolio:

A collection of artifacts designed to demonstrate mastery of a set of professionally accepted standards for teaching.

Practicum:

A supervised experience in a school, clinic or other setting which provides practical applications of theory and experience for candidates in approved programs is designed especially for the preparation of education candidates that involves the practical application of previously studied theory under the supervision of professional education faculty. When referring to more than one practicum the word practica is used.

Pre-Candidacy Status:

The pre-admission status of a traditional or non-traditional student who is admitted to a state approved teacher education program but has not yet taken and passed the required rigorous basic skills assessment as defined by the Maine State Board of Education.

Preparation Program:

A series or combination of courses, related instructional services and practicuma, internship or other student experience designed to meet the academic and professional requirements necessary to establish eligibility for certification as a teacher, administrator or educational specialist.

Professional Community:

The full-and-part-time faculty (including clinical faculty) in the professional education unit; the faculty in other units of the college/university; the PK–12 practitioners; the candidates; and others involved in professional education.

Professional Education Faculty:

Those individuals who teach one or more courses designed to meet essential competencies for certification endorsement areas as well as provide services to education candidates (e.g., advising or supervising student teaching) or administer some portion of the education program.

Professional Educator:

A person qualified to hold a PK-12 certificate as a teacher, administrator or a specialist as defined in Maine Department of Education Regulation Chapter 115 and who demonstrates, through performance, the knowledge, skills, and abilities to improve student learning.

Proficiencies:

Required knowledge, skills and dispositions identified in the professional, state, national, or institutional standards.

Proficiency-Based Program:

A professional preparation program that systematically gathers, analyzes, and uses data for self-improvement and candidate advisement; especially data that demonstrate candidate proficiencies, including positive effects on student learning (also referred to as Performance-Based Program).

Program Approval Process:

Process by which a state governmental agency reviews a professional education program to determine if it meets the state’s standards for the preparation of school personnel. A process for assessing and enhancing academic and education quality through peer review, to assure the public that a professional education unit and/or program has met the state’s standards for the preparation of school personnel.

Program Completer:

A candidate who, by successfully completing all of a state approved educator preparation program’s requirements, has qualified for a recommendation for certification.

Review Team:

A team of educators recommended to the State Board of Education by the Commissioner for the tasks of: visiting the unit seeking program approval or renewal; applying the program standards against the information gathered and submitted by the unit; and making a recommendation to the State Board, through the Commissioner, as to whether the unit has successfully met, or continues to meet the standards for program approval.

Rubrics:

Criteria for judging performance that indicate the qualities by which levels of performance can be differentiated, and that anchor judgments about the degree of proficiency on a given standard. In a standards-based system the rubric (or scale) is used at each level of content and for each reporting or measurement topic.

Scholarship:

Systematic inquiry into the areas related to teaching, learning and the education of teachers and other school personnel. Scholarship includes traditional research and publication as well as the rigorous and systematic study of pedagogy and the application of current research findings in new settings. Scholarship further presupposes submission of one’s work for professional review and evaluation.

School:

An institution serving any of the grades pre-kindergarten through 12 PK-12.

School Partners:

PK–12 schools that collaborate with the higher education institution in designing, developing and implementing field experiences, clinical practice, delivery of instruction and research.

School Leader:

An administrator whose position requires possession of an administrative certificate.

Self-Assessment:

The unit’s information and data as to how showing how it has met the six program standards. The self-assessment document may also include other relevant information and data as may be necessary to support the program’s request for approval or renewal.

Semester Hour:

15 contact hours or the equivalent spent in an approved preparation program or in a course offered by an accredited institution of higher education.

Standard:

A standard is a candidate proficiency norm or a unit requirement to be met by candidates during the implementation of preparation programs for education personnel.

Standards-Based System:

A performance-based system that is centered around a defined number of learning levels; where students advance through the system by demonstrating proficiency at each level; where standards are used to guide the curriculum; where student progress is measured and used to determine advancement; where students advance through the system at their own pace; and where learning is the constant and time is the variable. Such systems may also be referred to as Performance-Based or Proficiency-Based.

Standards-Referenced System:

An organized system based on traditional grade levels; where students advance through the system at the same pace as other students of the same age; where students will advance with varying levels of knowledge and skills; where standards are used to guide curriculum and measure student progress; where some promotion decisions may be made based on standards; and where time is the constant and learning is variable.

Student Teaching:

Classroom practice A clinical practice or internship that provides candidates with an intensive and extensive culminating activity t Through observation, participation, and actual teaching, under the direction of a college or university supervisor of student teachers and by a cooperating teacher as a part of the professional education program offered by an institution with an approved educator preparation program candidates are immersed in the learning community and provided opportunities to develop and demonstrate competence in the professional roles for which they are preparing.

TEAC:

The Teacher Education Accreditation Council (TEAC) is a national professional accrediting body for educator preparation programs.

Teacher:

An individual who is eligible for employment as a member of a PK-12 school’s professional staff with responsibility for planning, delivering and evaluating instruction which is primarily delivered in a classroom or vocational setting; but, this definition does not include the educational specialist.

Teacher of Record:

A person An educator employed by a School Administrative Unit (SAU) or an approved private school who is issued a standard contract for teachers and has been so identified in the SAU’s or approved private school’s staff information system as required by the Maine Department of Education is responsible for a specified proportion of a student's learning activities that are within a subject or course and are aligned to performance measures.

Technology Education:

The study of technology which provides an opportunity for students to learn about the processes and knowledge related to technology that are needed to solve problems.

Technology, Use of:

What candidates must know and understand about information technology in order to use it in working effectively with students and professional colleagues in the (1) delivery, development, prescription and assessment of instruction; (2) problem solving; (3) school and classroom administration; (4) educational research; (5) electronic information access and exchange; and (6) personal and professional productivity.

Transcript Analysis:

The process whereby a prospective educator submits official undergraduate and/or graduate records concerning all courses for which academic credit has been received for evaluation of compliance with certification requirements as contained in Maine Department of Education Regulation Chapter 115.

Unit:

For the purposes of this chapter, a unit must meet either definition A or B:

(A) The entity within a four-year and/or graduate level higher education institution charged by the higher education institution for managing or coordinating all programs offered for initial and continuing preparation of educators and other PK-12 personnel, regardless of where these programs are administratively housed. This entity is also known as the professional education unit.

(B) A separate entity created by a formal partnership between one or more accredited four-year or graduate level higher education institution(s) approved by the state for initial certification of teachers, and one or more recognized PK-12 school administrative units or state-approved PK-12 private schools for the purpose managing or coordinating a program limited to preparing new teachers-of-record in PK-12 schools who have a degree but lack prior eligibility for initial certification through an alternate (non-traditional preparation) route. (See definition for Alternate Route Program and Section 1.2.19 21 Alternate Route Programs).

Unit Head:

The individual officially designated to provide leadership for the unit (e.g., dean, director or chair), with the authority and responsibility for its overall administration and operation.

SECTION 2: INTRODUCTION - UNIT PROGRAM APPROVAL STANDARDS

The Unit Program Approval Standards set forth in section 2 of this rule are used as a template to analyze the unit’s self-assessment document and supporting evidence, as well as other relevant information that is gathered during the site visit by the Review Team. Section 2 Standard One is focused exclusively upon candidate proficiencies and contains Maine’s ten (10) initial teacher certification standards and indicators the Council of Chief State School Officers' Interstate Teacher Assessment and Support Consortium (InTASC) Common Core Teaching Standards; the National Educational Technology Standards for Teachers (NETS•T); the six (6) Interstate School Leaders Licensure Consortium (ISLLC) administrator candidate standards which have been adopted by Maine; administrator candidate internship standards; the National Educational Technology Standards for Administrators (NETS•A); the standards for alternate route candidates; and the standards for advanced programs. Section 2 Standards 2 through 6 are adapted from National Council for the Accreditation of Teacher Education (NCATE) unit standards. Collectively the standards and indicators, provide the basis for a Review Team to recommend program approval to the Maine State Board of Education. The indicators are to be interpreted holistically; they are not to be used to make a separate judgment on each element of a standard.

Conceptual Framework:

Each educator preparation program seeking initial program approval or renewal of prior program approval must submit its conceptual framework in the preliminary section of its application prior to offering responses to each of the six (6) standards. In the preliminary section of the application an overview of the unit’s conceptual framework is provided. It should help Review Team members understand how the conceptual framework is integrated into the unit’s programs and practices. The overview should include a description of the framework, its development, and, for renewal of program approval visits, changes since the previous visit. The description of the framework should address the areas of shared vision, coherence, professional commitments and attitudes, commitment to diversity, technology, and candidate proficiencies aligned with the (InTASC) Common Core Teaching Standards, the Maine Learning Standards, or the ISSLC Standards, and, as appropriate, alignment with alternate route and advanced program candidate standards. Evidence concerning each of these areas as well as documentation clearly indicating that the framework is knowledge-based will be sought by Review Team members. Evidence should represent the established and implemented policies, procedures, activities, instruments, and the like of the unit and its programs.

2.1 UNIT STANDARD ONE: Pre-Service Candidate, In-Service Teacher, School Building Administrator, and District Level Administrator – Performance, Knowledge, and Disposition Standards

The curriculum for educators must prepare candidates for the areas in which they will seek certificates in accordance with the requirements specified in Maine Department of Education Regulation Chapter 115: Certification of Education Personnel: Standards and Procedures. The curriculum must be informed by the standards and guidelines of the respective professional society(ies), both for initial and advanced programs. Standard One is exclusively focused upon candidate proficiencies and strategies for preparing both teachers and school leaders. Unit Standard One is specifically enhanced by inclusion of the National Educational Technology Standards for Teachers (NETS.T); the National Educational Technology Standards for administrators (NETS.A); by clarifying the provisions and expected outcomes of school building and district level administrator internships; the standards for advanced programs; the expectations for alternate route programs; as well as the delineation of standards for delivery of educator preparation courses for in-class, hybrid, and online modes of instruction. Unit Standard One is based upon the ten (10) (InTASC) Common Core Teaching Standards, the Maine Learning Standards, and the six (6) Interstate School Leaders Licensure Consortium (ISLLC) administrative candidate performance standards which have been adopted by the Maine State Board of Education. Additionally, the curriculum for administrators must prepare candidates to meet the Internship provisions that appear as Standard #18 as well as the National Educational Technology Standards (NETS.T) and (NETS.A) which appear as Standards #11 and #19 respectively. The related performance and knowledge indicators associated with each set of standards are provided; they are meant to be holistically applied. The indicators are included to guide the unit in determining how both initial and in-service teacher mastery of each standard can be demonstrated and assessed.

In order to help all students achieve Maine’s Learning Standards, initial and in-service teachers and school leaders will demonstrate proficiencies associated with the following 2.1 Unit Standard One standards:

Standard #1: Learner Development

The teacher understands how students learn and develop, recognizing that patterns of learning and development vary individually within and across the cognitive, linguistic, social, emotional, and physical areas, and designs and implements developmentally appropriate and challenging learning experiences.

Performance - Indicators:

A teacher…

1(a) Regularly assesses individual and group performance in order to design and modify instruction to meet learners' needs in each area of development (cognitive, linguistic, social, emotional, and physical) and scaffolds the next level of development.

1(b) Creates developmentally appropriate instruction that takes into account individual learners' strengths, interests and needs and that enables each learner to advance and accelerate his/her learning.

1(c) Collaborates with families, communities, colleagues and other professionals to promote learner growth and development.

Essential Knowledge - Indicators:

A teacher…

1 (d) Understands how learning occurs—how learners construct knowledge, acquire skills, and develop disciplined thinking processes —and knows how to use instructional strategies that promote student learning.

1 (e) Understands that each learner's cognitive, linguistic, social, emotional, and physical development influences learning and knows how to make instructional decisions that build on learners’ strengths and needs.

1 (f) Identifies readiness for learning, and understands how development in any one area may affect performance in others.

1 (g) Understands the role of language and culture in learning and knows how to modify instruction to make language comprehensible and instruction relevant, accessible, and challenging.

2.1.1. Critical Dispositions - Indicators:

A teacher…

1 (h) Respects learner’s differing strengths and needs and is committed to using this information to further each learner’s development.

1 (j) Is committed to using learners’ strengths as a basis for growth, and their misconceptions as opportunities for learning.

1 (j) Takes responsibility for promoting learner’s growth and development.

1 (k) Values the input and contributions of families, colleagues, and other professionals in understanding and supporting each learner’s development.

Standard # 2: Learning Differences

The teacher uses understanding of individual differences and diverse cultures and communities to ensure inclusive learning environments that allow each learner to reach his/her full potential.

2.1.2. Performance - Indicators:

A teacher…

2 (a) Designs, adapts, and delivers instruction to address each student's diverse learning strengths and needs and creates opportunities for students to demonstrate their learning in different ways.

2 (b) Makes appropriate and timely provisions (e.g. pacing for individual rates of growth, task demands, communication, assessment, and response modes) for individual students with particular learning differences or needs.

2 (c) Designs instruction to build on learners’ prior knowledge and experiences, allowing learners to accelerate as they demonstrate their understandings.

2 (d) Brings multiple perspectives to the discussion of content, including attention to learners' personal, family, and community experiences and cultural norms.

2 (e) Incorporates tools of language development into planning and instruction, including strategies for making content accessible to English language learners and for evaluating and supporting their development of English proficiency.

2 (f) Accesses resources, supports, and specialized assistance and services to meet particular learning differences or needs.

2.1.2. Essential Knowledge - Indicators:

A teacher…

2 (g) Understands and identifies differences in approaches to learning and performance and knows how to design instruction that uses each student's strengths to promote growth.

2 (h) Understands students' exceptional learning needs (both disabilities and giftedness) and knows how to use strategies and resources to serve these needs.

2 (i) Knows about second language acquisition processes and knows how to incorporate instructional strategies and resources to support language acquisition.

2 (j) Understands that learners bring assets for learning based on their individual experiences, abilities, talents, and prior learning, and peer and social group interactions, as well as language, culture, family, and community values.

2 (k) Knows how to access information about the values and norms of diverse cultures and communities and how to incorporate students' experiences, cultures, and community resources into instruction.

2.1.2. Critical Dispositions - Indicators:

A teacher…

2 (l) Believes that all learners can achieve at high levels and persists in helping each learner reach his/her full potential.

2(m) Respects learners as individuals with differing personal and family backgrounds and various skills, abilities, perspectives, talents, and interests.

2 (n) Makes learners feel valued and helps them learn to value each other.

2 (o) Values diverse languages and dialects and seeks to integrate them into his/her instructional practice to engage students in learning.

Standard # 3: Learning Environments

The teacher works with learners to create environments that support individual and collaborative learning, encouraging positive social interaction, active engagement in learning, and self motivation.

2.1.3. Performance - Indicators:

A teacher…

3(a) Collaborates with learners, families, and colleagues to build a safe, positive learning climate of openness, mutual respect, support, and inquiry.

3 (b) Develops learning experiences that engage learners in collaborative and self-directed learning and that extend learner interaction with ideas and people locally and globally.

3 (c) Collaborates with learners and colleagues to develop shared values and expectations for respectful interactions, rigorous academic discussions, and individual and group responsibility for quality work.

3 (d) Manages the learning environment to actively and equitably engage learners by organizing, allocating, and coordinating the resources of time, space, and learners’ attention.

3 (e) Uses a variety of methods to engage learners in evaluating the learning environment and collaborates with learners to make appropriate adjustments.

3 (f) Communicates verbally and nonverbally in ways that demonstrate respect for and responsiveness to the cultural backgrounds and differing perspectives learners bring to the learning environment.

3 (g) Promotes responsible learner use of interactive technologies to extend the possibilities for learning locally and globally.

3 (h) Intentionally builds learner capacity to collaborate in face-to-face and virtual environments through applying effective interpersonal communication skills.

2.1.3. Essential Knowledge - Indicators:

A teacher…

3 (i) Understands the relationship between motivation and engagement and knows how to design learning experiences using strategies that build learner self direction and ownership of learning.

3 (j) Knows how to help learners work productively and cooperatively with each other to achieve learning goals.

3 (k) Knows how to collaborate with learners to establish and monitor elements of a safe and productive learning environment including norms, expectations, routines, and organizational structures.

3 (l) Understands how learner diversity can affect communication and knows how to communicate effectively in differing environments.

3 (m) Knows how to use technologies and how to guide learners to apply them in appropriate, safe, and effective ways.

2.1.3. Critical Dispositions - Indicators:

A teacher…

3 (n) Is committed to working with learners, colleagues, families, and communities to establish positive and supportive learning environments.

3 (o) Values the role of learners in promoting each other’s learning and recognizes the importance of peer relationships in establishing a climate of learning.

3 (p) Is committed to supporting learners as they participate in decision making, engage in exploration and invention, work collaboratively and independently, and engage in purposeful learning.

3 (q) Seeks to foster respectful communication among all members of the learning community.

3 (r) Is a thoughtful and responsive listener and observer.

Standard #4: Content Knowledge

The teacher understands the central concepts, tools of inquiry, and structures of the discipline(s) he or she teaches and creates learning experiences that make these aspects of the discipline accessible and meaningful for learners.

2.1.4. Performance - Indicators:

A teacher…

4 (a) Effectively uses multiple representations and explanations that capture key ideas in the discipline, guide learners through learning progressions, and promote each learner’s achievement of content standards.

4 (b) Engages students in learning experiences in the discipline(s) that encourage learners to understand, question, and analyze ideas from diverse perspectives so that they master the content.

4 (c) Engages students in applying methods of inquiry and standards of evidence used in the discipline.

4 (d) Stimulates student reflection on prior content knowledge, links new concepts to familiar concepts, and makes connections to learners' experiences.

4 (e) Recognizes learner misconceptions in a discipline that interfere with learning and, creates experiences to build accurate conceptual understanding.

4 (f) Evaluates and modifies instructional resources and curriculum materials for their comprehensiveness, accuracy for representing particular concepts in the discipline, and appropriateness for his/her learners.

4 (g) Uses supplementary resources and technologies effectively to ensure accessibility and relevance to all learners.

4 (h) Creates opportunities for students to learn, practice, and master academic language in their content.

4 (i) Accesses school and/or district-based resources to evaluate the learner’s content knowledge in their primary language.

2.1.4. Essential Knowledge - Indicators:

A teacher…

4 (j) Understands major concepts, assumptions, debates, processes of inquiry, and ways of knowing that are central to the discipline(s) s/he teaches.

4 (k) Understands common misconceptions in learning the discipline and how to guide learners to accurate conceptual understanding.

4 (l) Knows and uses the academic language of the discipline and knows how to make it accessible to learners.

4 (m) Knows how to integrate culturally relevant content to build on learners' background knowledge.

4 (n) Has a deep knowledge of student content standards and learning progressions in the discipline(s) s/he teaches.

Critical Dispositions - Indicators:

A teacher…

4 (o) Realizes that content knowledge is not a fixed body of facts but is complex, culturally situated, and ever evolving. S/he keeps abreast of new ideas and understandings in the field.

4 (p) Appreciates multiple perspectives within the discipline and facilitates learners’ critical analysis of these perspectives.

4 (q) Recognizes the potential bias in his/her representation of the discipline and seeks to appropriately address problems of bias

4 (r) Is committed to work toward each learner’s mastery of disciplinary content and skills.

Standard # 5: Innovative Applications of Content

The teacher understands how to connect concepts and use differing perspectives to engage learners in critical/creative thinking and collaborative problem solving related to authentic local and global issues.

2.1.5. Performance - Indicators:

A teacher…

5 (a) Develops and implements projects that guide learners in analyzing the complexities of an issue or question using perspectives from varied disciplines and cross-disciplinary skills (e.g., a water quality study that draws upon biology and chemistry to look at factual information and social studies to examine policy implications).

5 (b) Engages learners in applying content knowledge to real world problems through the lens of interdisciplinary themes (e.g., financial literacy, environmental literacy).

5 (c) Facilitates learners’ use of content tools and resources to maximize content learning in varied contexts.

5 (d) Engages learners in questioning and challenging assumptions and approaches in order to foster innovation and problem solving in local and global contexts.

5 (e) Develops learners' communication skills in disciplinary and interdisciplinary contexts by creating meaningful opportunities to employ a variety of forms of communication that address varied audiences and purposes.

5 (f) Engages learners in generating and evaluating new ideas and novel approaches, seeking inventive solutions to problems, and developing original work.

5 (g) Facilitates learners’ ability to develop diverse social and cultural perspectives that expand their understanding of local and global issues and create novel approaches to solving problems.

5 (h) Develops and implements supports for learner literacy development across content areas.

2.1.5 Essential Knowledge - Indicators:

A teacher…

5 (i) Understands the ways of knowing in his/her discipline, how it relates to other disciplinary approaches to inquiry, and the strengths and limitations of each approach in addressing problems, issues and concerns.

5 (j) Understands how current interdisciplinary themes (e.g., civic literacy, health literacy, global awareness) connect to the core subjects and knows how to weave those themes into meaningful learning experiences.

5 (k) Understands the demands of accessing and managing information as well as how to evaluate issues of ethics and quality related to information and its use.

5 (l) Understands how to use digital and interactive technologies for efficiently and effectively achieving specific learning goals.

5 (m) Understands critical thinking processes and knows how to help learners develop high level questioning skills to promote their independent learning.

5 (n) Understands communication modes and skills as vehicles for learning (e.g., information gathering and processing) across disciplines as well as vehicles for expressing learning.

5 (o) Understands creative thinking processes and how to engage learners in producing original work.

5 (p) Knows where and how to access resources to build global awareness and understanding, and how to integrate them into the curriculum.

2.1.5. Critical Dispositions - Indicators:

A teacher…

5 (q) Is constantly exploring how to use disciplinary knowledge as a lens to address local and global issues.

5 (r) Values knowledge outside his/her own content area and how such knowledge enhances student learning.

5 (s) Values flexible learning environments that encourage learner exploration, discovery and expression across content areas.

Standard # 6: Assessment

The teacher understands and uses multiple methods of assessment to engage learners in their own growth, to document learner progress, and to guide the teacher’s on-going planning and instruction.

2.1.6. Performance - Indicators:

A teacher…

6 (a) Balances the use of formative and summative assessment as appropriate to support, verify, and document learning.

6 (b) Designs assessments that match learning objectives with assessment methods and minimizes sources of bias that can distort assessment results.

6 (c) Works independently and collaboratively to examine test and other performance data to understand each learner’s progress and to guide planning.

6 (d) Engages learners in understanding and identifying quality work and provides them with effective descriptive feedback to guide their progress toward that work.

6 (e) Engages learners in multiple ways of demonstrating knowledge and skill as part of the assessment process.

6 (f) Models and structures processes that guide learners in examining their own thinking and learning as well as the performance of others.

6 (g) Effectively uses multiple and appropriate types of assessment data to identify each student’s learning needs and to develop differentiated learning experiences.

6 (h) Prepares all learners for the demands of particular assessment formats and makes appropriate accommodations in assessments or testing conditions, especially for learners with disabilities and language learning needs.

6 (i) Continually seeks appropriate ways to employ technology to support assessment practice both to engage learners more fully and to assess and address learner needs.

Essential Knowledge - Indicators:

A teacher…

6 (j) Understands the differences between formative and summative applications of assessment and knows how and when to use each.

6 (k) Understands the range of types and multiple purposes of assessment and how to design, adapt, or select appropriate assessments to address specific learning goals and individual differences, and to minimize sources of bias.

6 (l) Knows how to analyze assessment data to understand patterns and gaps in learning, to guide planning and instruction, and to provide meaningful feedback to all learners.

6 (m) Knows when and how to engage learners in analyzing their own assessment results and in helping to set goals for their own learning.

6 (n) Understands the positive impact of effective descriptive feedback for learners and knows a variety of strategies for communicating this feedback.

6 (o) Knows when and how to evaluate and report learner progress against standards.

6 (p) Understands how to prepare learners for assessments and how to make accommodations in assessments and testing conditions, especially for learners with disabilities and language learning needs.

2.1.6. Critical Dispositions - Indicators:

A teacher…

6 (q) Is committed to engaging learners actively in assessment processes and to developing each learner’s capacity to review and communicate about their own progress and learning.

6 (r) Takes responsibility for aligning instruction and assessment with learning goals.

6 (s) Is committed to providing timely and effective descriptive feedback to learners on their progress.

6 (t) Is committed to using multiple types of assessment processes to support, verify, and document learning.

6 (u) Is committed to making accommodations in assessments and testing conditions, especially for learners with disabilities and language learning needs.

6 (v) Is committed to the ethical use of various assessments and assessment data to identify learner strengths and needs to promote learner growth.

Standard # 7: Planning for Instruction

The teacher draws upon knowledge of content areas, cross-disciplinary skills, learners, the community, and pedagogy to plan instruction that supports every student in meeting rigorous learning goals.

2.1.7. Performance - Indicators:

A teacher…

7 (a) Individually and collaboratively selects and creates learning experiences that are appropriate for curriculum goals and content standards, and are relevant to learners.

7 (b) Plans how to achieve student learning goals, choosing appropriate strategies and accommodations, resources and materials to differentiate instruction for individuals and groups of learners.

7 (c) Develops appropriate sequencing of learning experiences and provides multiple ways to demonstrate knowledge and skill.

7 (d) Plans for instruction based on formative and summative assessment data, prior learner knowledge, and learner interest.

7 (e) Plans collaboratively with professionals who have specialized expertise (e.g., special educators, related service providers, language learning specialists, librarians, media specialists) to design and jointly deliver as appropriate learning experiences to meet unique learning needs.

7 (f) Evaluates plans in relation to short-and-long-range goals and systematically adjusts plans to meet each student’s learning needs and enhance learning.

Essential Knowledge - Indicators:

A teacher…

7 (g) Understands content and content standards and how these are organized in curriculum.

7 (h) Understands how integrating cross-disciplinary skills in instruction engage learners purposefully in applying content knowledge.

7 (i) Understands learning theory, human development, cultural diversity, and individual differences and how these impact on-going planning.

7 (j) Understands the strengths and needs of individual learners and how to plan instruction that is responsive to these strengths and needs.

7 (k) Knows a range of evidence-based instructional strategies, resources, and technological tools and how to use them effectively to plan instruction that meets diverse learning needs.

7 (l) Knows when and how to adjust plans based on assessment information and learner responses.

7 (m) Knows when and how to access resources and collaborate with others to support student learning (e.g., special educators, related service specialists, language learner specialists, media specialists, community organizations).

2.1.7. Critical Dispositions - Indicators:

A teacher…

7 (n) Respects students’ diverse strengths and needs and is committed to using this information to plan effective instruction.

7 (o) Values planning as a collegial activity that takes into consideration the input of learners, colleagues, families, and the larger community.

7 (p) Takes professional responsibility to use short-and-long-term planning as a means of assuring student learning.

7 (q) Believes that plans must always be open to adjustment and revision based on learner needs and changing circumstances.

Standard # 8: Instructional Strategies

The teacher understands and uses a variety of instructional strategies to encourage learners to develop deep understanding of content areas and their connections, and to build skills to access and appropriately apply information.

Performance - Indicators:

A teacher…

8 (a) Uses appropriate strategies and resources to adapt instruction to the needs of individuals and groups of learners.

8 (b) Continuously monitors student learning, engages learners in assessing their progress, and adjusts instruction in response to student learning needs.

8 (c) Collaborates with learners to design and implement relevant learning experiences, identify their strengths, and access family and community resources to develop their areas of interest.

8 (d) Varies his or her role in the instructional process (e.g., instructor, facilitator, coach, audience) in relation to the content and purposes of instruction and the needs of learners.

8 (e) Provides multiple models and representations of concepts and skills with opportunities for learners to demonstrate their knowledge through a variety of products and performances.

8 (f) Engages all learners in developing higher order questioning skills and meta-cognitive processes.

8 (g) Engages students in using a range of learning skills and technology tools to access, interpret, evaluate, and apply information.

8 (h) Uses a variety of instructional strategies to support and expand learners' communication through speaking, listening, reading, writing, and other modes.

8 (i) Asks questions to stimulate discussion that serves different purposes, (e.g., probing for learner understanding, helping students articulate their ideas and thinking processes, promoting risk-taking and problem-solving, facilitating factual recall, stimulating curiosity, and helping learners to question).

Essential Knowledge - Indicators:

A teacher…

8 (j) Understands the cognitive processes associated with various kinds of learning (e.g., critical and creative thinking, problem framing and problem solving, invention, memorization and recall) and how these processes can be stimulated.

8 (k) Knows how to apply a range of developmentally, culturally, and linguistically appropriate instructional strategies, to achieve learning goals.

8 (l) Knows when and how to use appropriate strategies to differentiate instruction and engage all learners in complex thinking and meaningful tasks.

8 (m) Understands how multiple forms of communication (oral, written, nonverbal, digital, visual) convey ideas, foster self expression, and build relationships.

8 (n) Knows how to use a wide variety of resources, including human and technological, to engage student learning.

8 (o) Understands how content and skill development can be supported by media and technology and knows how to evaluate these resources for quality, accuracy and effectiveness.

2.1.8. Critical Dispositions - Indicators:

A teacher…

8 (p) Is committed to deepening awareness and understanding the strengths and needs of diverse learners when planning and adjusting instruction.

8 (q) Values the variety of ways that people communicate and encourages learners to develop and use multiple forms of communication.

8 (r) Is committed to exploring how the use of new and emerging technologies can support and promote student learning.

8 (s) Values flexibility and reciprocity in the teaching process as necessary for adapting instruction to student responses, ideas, and needs.

Standard # 9: Reflection and Continuous Growth

The teacher is a reflective practitioner who uses evidence to continually evaluate his/her practice, particularly the effects of his/her choices and actions on others (students, families, and other professionals in the learning community), and adapts practice to meet the needs of each learner.

Performance - Indicators:

A teacher…

9 (a) Engages in ongoing learning opportunities to develop knowledge and skills in order to provide all learners with engaging curriculum and learning experiences based on local and state standards.

9 (b) Engages in meaningful and appropriate professional learning experiences aligned with his/her own needs and the needs of the learners, school, and system.

9 (c) Independently, and in collaboration with colleagues, the teacher uses a variety of data (e.g., systematic observation, information about learners, research) to evaluate the outcomes of teaching and learning and to adapt planning and practice.

9 (d) Actively seeks professional, community, and technological resources, within and outside the school, as supports for analysis, reflection, and problem-solving.

9 (e) Reflects on his/her personal biases and accesses resources to deepen his/her own understanding of cultural, ethnic, gender, and learning differences to build stronger relationships and create more relevant learning experiences.

9 (f) Advocates, models, and teaches safe, legal, and ethical use of information and technology including appropriate documentation of sources and respect for others in the use of social media.

Critical Dispositions

2.1.9. Essential Knowledge - Indicators:

A teacher…

9 (g) Understands and knows how to use a variety of self-assessment and problem-solving strategies to analyze and reflect on his/her practice and to plan for adaptations/adjustments.

9 (h) Understands and knows how to use learner data to analyze practice and differentiate instruction accordingly.

9 (i) Understands how personal identity, worldview, and prior experience affect perception and expectations, and recognizes how they may bias behaviors and interactions with others.

9 (j) Understands laws related to learners’ rights and teacher responsibilities (e.g., for educational equity, appropriate education for learners with disabilities, confidentiality, privacy, appropriate treatment of learners, reporting in situations related to possible child abuse).

9 (k) Knows how to build and implement a plan for professional growth directly aligned with his/her needs as a growing professional using feedback from teacher evaluations and observations, data on learner performance, and school- and system-wide priorities.

2.1.9. Critical Dispositions - Indicators:

A teacher…

9 (l) Takes responsibility for student learning and uses ongoing analysis and reflection to improve planning and practice.

9 (m) Is committed to deepening understanding of his/her own frames of reference (e.g., culture, gender, language, abilities, ways of knowing), the potential biases in these frames, and their impact on expectations for relationships with learners and their families.

9 (n) Sees him/herself as a learner, continuously seeking opportunities to draw upon current education policy and research as sources of analysis and reflection to improve practice.

9 (o) Understands the expectations of the profession including codes of ethics, professional standards of practice, and relevant law and policy.

Standard # 10: Collaboration

The teacher seeks appropriate leadership roles and opportunities to take responsibility for student learning, to collaborate with learners, families, colleagues, other school professionals, and community members to ensure learner growth, and to advance the profession.

2.1.10. Performance - Indicators:

A teacher…

10 (a) Takes an active role on the instructional team, giving and receiving feedback on practice, examining learner work, analyzing data from multiple sources, and sharing responsibility for decision making and accountability for each student’s learning.

10 (b) Works with other school professionals to plan and jointly facilitate learning on how to meet diverse needs of learners.

10 (c) Engages collaboratively in the school-wide effort to build a shared vision and supportive culture, identify common goals, and monitor and evaluate progress toward those goals.

10 (d) Works collaboratively with learners and their families to establish mutual expectations and ongoing communication to support learner development and achievement.

10 (e) Works with school colleagues to build ongoing connections with community resources to enhance student learning and well being.

10 (f) Engages in professional learning, contributes to the knowledge and skill of others, and works collaboratively to advance professional practice.

10 (g) Uses technological tools and a variety of communication strategies to build local and global learning communities that engage learners, families, and colleagues.

10 (h) Uses and generates meaningful research on education issues and policies.

10 (i) Seeks appropriate opportunities to model effective practice for colleagues, to lead professional learning activities, and to serve in other leadership roles.

10 (j) Seeks appropriate opportunities to model effective practice for colleagues, to lead professional learning activities, and to serve in other leadership roles.

10 (k) Takes on leadership roles at the school, district, state, and/or national level and advocates for learners, the school, the community, and the profession.

Essential Knowledge - Indicators:

A teacher…

10 (l) Understands schools as organizations within a historical, cultural, political, and social context and knows how to work with others across the system to support learners.

10 (m) Understands that alignment of family, school, and community spheres of influence enhances student learning and that discontinuity in these spheres of influence interferes with learning.

10 (n) Knows how to work with other adults and has developed skills in collaborative interaction appropriate for both face-to-face and virtual contexts.

10 (o) Knows how to contribute to a common culture that supports high expectations for student learning.

2.1.10. Critical Dispositions - Indicators:

A teacher…

10 (p) Actively shares responsibility for shaping and supporting the mission of his/her school as one of advocacy for learners and accountability for their success.

10 (q) Respects families’ beliefs, norms, and expectations and seeks to work collaboratively with learners and families in setting and meeting challenging goals.

10 (r) Takes initiative to grow and develop with colleagues through interactions that enhance practice and support student learning.

10 (s) Takes responsibility for contributing to and advancing the profession.

10 (t) Embraces the challenge of continuous improvement and change.

2.1.11. Standard # 11: Technology Standards for Teachers - (NETS.T)

Effective teachers model and apply the National Educational Technology Standards for Students (NETS•S) as they design, implement, and assess learning experiences to engage students and improve learning; enrich professional practice; and provide positive models for students, colleagues, and the community. All teachers will meet the following standards and performance indicators.

Performance - Indicators:

2.1.11.1. Facilitate and Inspire Student Learning and Creativity

[Teachers use their knowledge of subject matter, teaching and learning, and technology to facilitate experiences that advance student learning, creativity, and innovation in both face-to-face and virtual environments.]

Teachers…

11(a) Promote, support, and model creative and innovative thinking and inventiveness

11 (b) Engage students in exploring real-world issues and solving authentic problems using digital tools and resources

11 (c) Promote student reflection using collaborative tools to reveal and clarify students’ conceptual understanding and thinking, planning, and creative processes

11(d) Model collaborative knowledge construction by engaging in learning with students, colleagues, and others in face-to-face and virtual environments.

2.1.11.2. Design and Develop Digital-Age Learning Experiences and Assessments

[Teachers design, develop, and evaluate authentic learning experiences and assessments incorporating contemporary tools and resources to maximize content learning in context and to develop the knowledge, skills, and attitudes identified in the NETS•S.]

Teachers…

11 (e) Design or adapt relevant learning experiences that incorporate digital tools and resources to promote student learning and creativity

11 (f) Develop technology-enriched learning environments that enable all students to pursue their individual curiosities and become active participants in setting their own educational goals, managing their own learning, and assessing their own progress

11 (g) Customize and personalize learning activities to address students’ diverse learning styles, working strategies, and abilities using digital tools and resources

11 (h) Provide students with multiple and varied formative and summative assessments aligned with content and technology standards and use resulting data to inform learning and teaching

2.1.11. 3. Model Digital-Age Work and Learning

[Teachers exhibit knowledge, skills, and work processes representative of an innovative professional in a global and digital society. ]

Teachers…

11 (i) Demonstrate fluency in technology systems and the transfer of current knowledge to new technologies and situations

11 (j) Collaborate with students, peers, parents, and community members using digital tools and resources to support student success and innovation

11 (k) Communicate relevant information and ideas effectively to students, parents, and peers using a variety of digital-age media and formats

11 (l) Model and facilitate effective use of current and emerging digital tools to locate, analyze, evaluate, and use information resources to support research and learning

2.1.11. 4. Promote and Model Digital Citizenship and Responsibility

[Teachers understand local and global societal issues and responsibilities in an evolving digital culture and exhibit legal and ethical behavior in their professional practices.]

Teachers…

11 (m) Advocate, model, and teach safe, legal, and ethical use of digital information and technology, including respect for copyright, intellectual property, and the appropriate documentation of sources

11 (n) Address the diverse needs of all learners by using learner-centered strategies and providing equitable access to appropriate digital tools and resources

11 (o) Promote and model digital etiquette and responsible social interactions related to the use of technology and information

11 (p) Develop and model cultural understanding and global awareness by engaging with colleagues and students of other cultures using digital-age communication and collaboration tools

2.1.11. 5. Engage in Professional Growth and Leadership

[Teachers continuously improve their professional practice, model lifelong learning, and exhibit leadership in their school and professional community by promoting and demonstrating the effective use of digital tools and resources.]

Teachers…

11 (q) Participate in local and global learning communities to explore creative applications of technology to improve student learning

11 (r) Exhibit leadership by demonstrating a vision of technology infusion, participating in shared decision making and community building, and developing the leadership and technology skills of others

11 (s) Evaluate and reflect on current research and professional practice on a regular basis to make effective use of existing and emerging digital tools and resources in support of student learning

11 (t) Contribute to the effectiveness, vitality, and self-renewal of the teaching profession and of their school and community

[Source: ISTE (International Society for Technology in Education), 2008, Teacher Standards.]

2.1. 12 -18 UNIT STANDARD ONE: School Building Leader and School District Leader Performance and Knowledge Indicators

The field of school leadership has coalesced around the Interstate School Leaders Licensure Consortium (ISLLC) Standards. Thirty-five states have adopted them; the National Council for the Accreditation of Teacher Education (NCATE) used them to develop their standards; tens of thousands of candidates for principal licensure have taken the ISLLC licensing exam; hundreds of preparation programs have revised their curricula aligned with the ISLLC Standards; and other organizations such as the National Association of State Boards of Education (NASBE) have openly endorsed the use of the ISLLC Standards. The ISLLC Standards contain a common set of standards developed by a national body of state departments of education and national leadership organizations, including the National Policy Board for Educational Administration (NPBEA), the National Association of Elementary School Principals (NAESP), the National Association of Secondary School Principals (NASSP), and the American Association of School Administrators (AASA). Unit Standard One – Standards 12 – 18 are based on the ISSLC Standards.

The curriculum for school building and district level administrators must prepare candidates for the areas in which they will seek certification in accordance with the requirements specified in Maine Department of Education Regulation Chapter 115: Certification of Educational Personnel: Standards and Procedures. The following six (6) Interstate School Leaders Licensure Consortium (ISLLC) administrator candidate standards have been adopted by Maine. Additionally, the curriculum for administrators must prepare candidates to meet the Internship provisions that appear as Standard #17, the National Educational Technology Standards (NETS.A) which appear as Standard #18, and the requirement that all school building leader and school district leader candidates will be required to successfully complete an approved exceptionality course as well as a course in special education law before seeking initial certification. The related performance and knowledge indicators are provided to suggest holistic ways that mastery of each standard can be demonstrated.

In order to help all students achieve Maine’s Learning Standards, school building leader and school district leader candidates are expected to demonstrate the following proficiencies:

Standard #12 – Vision, Mission, and Goals

Education leaders promote the achievement of all students by guiding the development and implementation of a shared vision of learning, strong organizational mission, and high expectations for every student.

Element A: High Expectations for All

[The vision and goals establish high, measurable expectations for all students and educators.]

A leader...

12 A.1 Uses varied sources of information and analyzes data about current practices and outcomes to shape a vision, mission, and goals with high, measurable expectations for all students and educators.

12 A.2 Aligns the vision, mission, and goals to school, district, state, and federal policies (such as content standards and achievement targets).

12 A.3 Incorporates diverse perspectives and crafts consensus about vision, mission, and goals that are high and achievable for every student when provided with appropriate, effective opportunities.

12 A.4 Advocates for a specific vision of learning in which every student has equitable, appropriate, and effective learning opportunities and achieves at high levels.

2.1.12. Element B: Shared Commitments to Implement the Vision, Mission, and Goals

[The process of creating and sustaining the vision, mission, and goals is inclusive, building common understandings and genuine commitment among all stakeholders.]

A leader...

12 B.1 Establishes, conducts, and evaluates processes used to engage staff and community in a shared vision, mission, and goals.

12 B.2 Engages diverse stakeholders, including those with conflicting perspectives, in ways that build shared understanding and commitment to vision, mission, and goals.

12 B.3 Develops shared commitments and responsibilities that are distributed among staff and the community for making decisions and evaluating actions and outcomes.

12 B.4 Communicates and acts from shared vision, mission, and goals so educators and the community understand, support, and act on them consistently.

12 B.5 Advocates for and acts on commitments in the vision, mission, and goals to provide equitable, appropriate, and effective learning opportunities for every student.

2.1.12. Element C: Continuous Improvement Toward the Vision, Mission, and Goals

[Education leaders promote the achievement of all students by guiding the development and implementation of a shared vision of learning, strong organizational mission, and high expectations for every student.]

A leader...

12 C.1 Uses or develops data systems and other sources of information (e.g., test scores, teacher reports, student work samples) to identify unique strengths and needs of students, gaps between current outcomes and goals, and areas for improvement.

12 C.2 Makes decisions informed by data, research, and best practices to shape plans, programs, and activities and regularly reviews their effects.

12 C.3 Uses data to determine effective change strategies, engaging staff and community stakeholders in planning and carrying out changes in programs and activities.

12 C.4 Identifies and removes barriers to achieving the vision, mission, and goals.

12 C.5 Incorporates the vision and goals into planning (e.g., strategic plan, school improvement plan), change strategies, and instructional programs.

12 C.6 Obtains and aligns resources to achieve the vision, mission, and goals.

12 C.7 Revises plans, programs, and activities based on systematic evidence and reviews of progress toward the vision, mission and goals.

2.1.12. Element D: Essential Knowledge

Education leaders have knowledge and understanding of:

learning goals in a pluralistic society

the principles of developing and implementation strategic plans

systems theory

information sources, data collection and data analysis strategies

effective communication

effective consensus-building and negotiation skills

2.1.12. Element E: Critical Dispositions

Education leaders believe in, value, and are committed to:

the educability of all

a school vision of high standards of learning

continuous school improvement

the inclusion of all members of the school community

ensuring that students have the knowledge, skills and values needed to become successful adults

a willingness to continuously examine one’s own assumptions, beliefs and practices

doing the work required for high levels of personal and organizational performance

2.1.12. Elements A – D: Key Performance and Knowledge Indicators:

Program Quality Indicators for School Building Leadership Standards

Program Quality Indicators for School District Leadership Standards

Performance Indicators:

Performance Indicators:

SBL.1 Design, articulate, and support a collaborative process for developing and implementing a vision and mission for a school.

SDL.1 Design, articulate, and support a collaborative process for developing and implementing a vision and mission for a district.

SBL.2 Formulate plans and initiatives to implement the vision and mission statements and communicate the vision and mission to the appropriate constituencies.

SDL.2 Formulate plans and initiatives to implement the vision and mission statements and communicate the vision and mission to the appropriate district constituencies.

SBL.3 Develop and utilize data- based research strategies and strategic planning processes that inform the development and support of a vision and mission that promotes learning.

SDL.3 Develop and utilize data-based research strategies and strategic planning processes that inform the development and support of a vision and mission that promotes learning.

SBL.4 Involve stakeholders in collecting and utilizing data to assess the effectiveness of the building and to generate building improvement targets that promote learning.

SDL.4 Involve stakeholders in collecting and utilizing data to assess the effectiveness of the district and to generate district improvement targets that promote learning.

SBL.5 Create strategic, tactical and operational goals and collaboratively develop implementation plans to achieve those goals.

SDL.5 Create strategic, tactical and operational goals and collaboratively develop implementation plans to achieve those goals.

SBL.6 Develop school improvement plans that align with district improvement plans and reflect these six concepts: vision, instruction, management, collaboration, ethics, and political structure.

SDL.6 Develop district improvement plans that reflect these six concepts: vision, instruction, management, collaboration, ethics, and political structure.

SBL.7 Identify strategies and practices to build organizational capacity to support continuous and sustainable school improvement.

SDL.7 Identify strategies and practices to build organizational capacity to support continuous and sustainable district improvement.

SBL.8 Identify capacity building strategies for developing school leadership capacity.

SDL.8 Identify capacity building strategies for developing district leadership capacity.

SBL.9 Create a plan to implement change processes to support continuous and sustainable improvement and ensure transformational change at the building level

SDL.9 Create a plan to implement change processes to support continuous and sustainable improvement and ensure transformational change at the district-level.

SBL.10 Design a comprehensive building-level professional development program.

SDL.10 Design a comprehensive district-level professional development program.

SBL.11 Develop plans to monitor program development and implementation to achieve school goals.

SDL.11 Develop plans to monitor program development and implementation to achieve district goals.

SBL.12 Construct evaluation processes to assess the effectiveness of school plans and programs.

SDL.12 Construct evaluation processes to assess the effectiveness of district plans and programs

Knowledge Indicators:

Knowledge Indicators:

SBL.13 The nature of collaborative school visioning and the impact of vision and mission on student achievement and various methods for involving stakeholders in the visioning process and consensus building.

SDL.13 The nature of district-wide collaborative visioning and the impact of vision and mission on student achievement various methods for involving stakeholders in the visioning process and consensus building.

SBL.14 Theories and relevant knowledge of vision and mission including understanding of learning in a pluralistic society, the diversity of learners and learners’ needs, schools as interactive social and cultural systems, and social and organizational change.

SDL.14 Theories and relevant knowledge of vision and mission including understanding of learning in a pluralistic society, the diversity of learners and learners’ needs, school districts as interactive social and cultural systems, and social and organizational change.

SBL.15 The purposes and processes for collecting, analyzing and using appropriate data to drive decision making that impacts student learning.

SDL.15 The purposes and processes for collecting, analyzing and using appropriate data to drive decision making that impacts student learning.

SBL.16 The design and utilization of assessment data for learning.

SDL.16 The design and utilization of assessment data for learning.

SBL.17 Organizational effectiveness and learning.

SDL.17 Organizational effectiveness and learning.

SBL.18 Strategic, tactical and operational program planning, implementation, and evaluation.

SDL.18 Strategic, tactical and operational program planning, implementation, and evaluation.

SBL.19 School improvement planning processes.

SDL.19 District improvement planning processes.

SBL.20 Variables that affect student achievement.

SDL.20 Variables that affect student achievement.

SBL.21 The role of professional learning in continuous and sustainable improvement.

SDL.21 The role of professional learning in continuous and sustainable improvement.

SBL.22 Continuous and sustained improvement models and processes.

SDL.22 Continuous and sustained improvement models and processes.

SBL.23 Change processes, including continuous and sustainable improvement and discontinuous transformational change at the building- level.

SDL.23 Change processes, including continuous and sustainable improvement and discontinuous transformational change at the district-level.

SBL.24 Strategic management of human capital and its impact on continuous and sustainable improvement.

SDL.24 Strategic management of human capital and its impact on continuous and sustainable improvement.

SBL.25 Effective strategies for monitoring the implementation and revision of plans to achieve school improvement goals.

SDL.25 Effective strategies for monitoring the implementation and revision of plans to achieve district improvement goals.

SBL.26 Program evaluation models.

SDL.26 Program evaluation models.

Standard #13 – Teaching and Learning

Education leaders promote achievement and success of all students by monitoring and continuously improving teaching and learning.

2.1.13. Element A: Strong Professional Culture

[A strong professional culture supports teacher learning and shared commitments to the vision and goals.]

A leader...

13 A.1 Develops shared understanding, capacities, and commitment to high expectations for all students and closing achievement gaps.

13 A.2 Guides and supports job-embedded, standards-based professional development that improves teaching and learning and meets diverse learning needs of every student.

13 A.3 Models openness to change and collaboration that improves practices and student outcomes.

13 A.4 Develops time and resources to build a professional culture of openness and collaboration, engaging teachers in sharing information, analyzing outcomes, and planning improvement.

13 A.5 Provides support, time, and resources for leaders and staff to examine their own beliefs, values, and practices in relation to the vision and goals for teaching and learning.

13 A.6 Provides ongoing feedback using data, assessments, and evaluation methods that improve practice.

13 A.7 Guides and monitors individual professional development plans and progress for continuous improvement of teaching and learning.

2.1.13. Element B: Rigorous Curriculum and Instruction

[Improving achievement of all students requires all educators to know and use rigorous curriculum and effective instructional practices, individualized for success of every student.]

A leader...

13 B.1 Develops shared understanding of rigorous curriculum and standards-based instructional programs, working with teams to analyze student work, monitor student progress, and redesign curricular and instructional programs to meet diverse needs.

13 B.2 Provides coherent, effective guidance of rigorous curriculum and instruction, aligning content standards, curriculum, teaching, assessments, professional development, assessments, and evaluation methods.

13 B 3 Provides and monitors effects of differentiated teaching strategies, curricular materials, educational technologies, and other resources appropriate to address diverse student populations, including students with disabilities, cultural and linguistic differences, gifted and talented, disadvantaged social economic backgrounds, or other factors affecting learning.

13 B.4 Identifies and uses high-quality research and data-based strategies and practices that are appropriate in the local context to increase learning for every student.

All school building leader and school district leader candidates will be required to successfully complete an approved exceptionality course as well as a course in special education law before seeking initial certification.

2.1.13. Element C: Assessment and Accountability

[Improving achievement and closing achievement gaps require that leaders make appropriate, sound use of assessments, performance management, and accountability strategies to achieve vision, mission, and goals.]

A leader...

13 C.1 Develops and appropriately uses aligned standards-based accountability data to improve the quality of teaching and learning.

13 C.2 Uses varied sources and kinds of information and assessments (such as test scores, work samples, and teacher judgment) to evaluate student learning, effective teaching, and program quality.

13 C.3 Guides regular analyses and disaggregation of data about all students to improve instructional programs.

13 C.4 Uses effective data-based technologies and performance management systems to monitor and analyze assessment results for accountability reporting and to guide continuous improvement.

13 C.5 Interprets data and communicates progress toward vision, mission, and goals for educators, the school community, and other stakeholders.

Element D: Essential Knowledge

Education leaders have knowledge and understanding of:

student growth and development

applied learning theories

applied motivational theories

curriculum design, implementation, evaluation and refinement

principles of effective instruction

measurement, evaluation and assessment strategies

diversity and its meaning for educational programs

adult learning and professional development models

the change process for systems, organizations and individuals

the role of technology in promoting student learning and professional growth

school cultures

2.1.13. Element E: Critical Dispositions

Education leaders believe in, value, and are committed to:

student learning as the fundamental purpose of schooling

the proposition that all students can learn

the variety of ways in which students can learn

life-long learning for self and others

professional development as an integral part of school improvement

the benefits that diversity brings to the school community

a safe and supportive learning environment

preparing students to be contributing members of society

2.1.13. Elements A – D: Key Performance and Knowledge Indicators

13. Program Quality Indicators for School Building Leadership Standards

14. Program Quality Indicators for School District Leadership Standards

Performance Indicators:

Performance Indicators:

SBL.1 Work collaboratively with others to accomplish school improvement goals.

SDL.1 Work collaboratively with others (school board, the community, etc.) to accomplish district improvement goals.

SBL.2 Incorporate cultural competence in development of programs, curriculum, and instruction.

SDL.2 Lead change and collaboration that improves district practices and student outcomes.

SBL.3 Monitor school programs and activities to ensure integrated learning opportunities aligned with standards, and consistent with the vision.

SDL.3 Incorporate cultural competence in development of programs, curriculum, and instruction.

SBL.4 Recognize, celebrate, and incorporate diversity in programs, curriculum, and instructional practices.

SDL.4 Recognize, celebrate, and incorporate diversity in policies, programs, and practices.

SBL.5 Design comprehensive curriculum development plans.

SDL.5 Use data to analyze the state of district curriculum and instruction.

SBL.6 Analyze instructional lessons.

SDL.6 Provide district resources to support quality curriculum and instruction.

SBL.7 Collaborate with faculty to plan, implement, and evaluate a coordinated and articulated curriculum.

SDL.7 Use technology to monitor and improve curriculum and instruction.

SBL.8 Use technology to design, monitor and/or evaluate instructional programs.

SDL.8 Apply human development theory, proven learning and motivational theories and the influences of diversity to the learning process.

SBL.9 Facilitate the use of appropriate content-based, customized learning materials and learning strategies in the instruction of students.

SDL.9 Use learning management systems to support personalized learning.

SBL.10 Create and analyze individualized improvement plans, use data to design learning plans, design and /or implement changes in learning environments.

SDL.10 Develop district-wide comprehensive programs that meet the diverse learning needs and interests of students and school personnel.

SBL.11 Develop school-wide comprehensive programs that meet the diverse learning needs and interests of students and school personnel.

SDL.11 Promote equity, fairness, and respect among school board members, administrators, faculty, parents, students, and the community.

SBL.12 Promote equity, fairness, and respect among students and faculty.

SDL.12 Provide feedback to improve district teaching and learning.

SBL.13 Provide feedback to improve teaching and learning.

SDL.13 Work collaboratively at the district-level to improve practice.

SBL.14 Work collaboratively at the building-level to improve practice for teaching and learning.

SDL.14 Monitor professional development and continuous improvement programs.

SBL.15 Monitor individual professional development and continuous improvement.

SDL.15 Align curriculum and instruction with assessment.

SBL.16 Use standards-based accountability data to improve the quality of teaching and learning.

SDL.16 Design evaluation systems, make district plans based on assessment data, and provide feedback based on data.

SBL.17 Provide feedback using data, assessments, and evaluation methods to improve practice and student achievement.

SDL.17 Use technology to profile student and personnel performance in a district and analyze differences among subgroups.

SBL.18 Design evaluation systems, make plans based on assessment data, and provide feedback based on data.

SDL.18 Design, develop, and utilize district assessments for instruction and reporting.

SBL.19 Design, develop, and utilize school assessments for instruction and reporting.

SDL.19 Facilitate leadership through development activities that focus on growth and student learning.

SBL.20 Participate in activities that apply principles of effective instruction to improve instructional practices and curricular materials.

SDL.20 Design district-level professional growth plans that reflect national professional development standards.

SBL.21 Design building-level professional growth plans that reflect national professional development standards.

SDL.21 Use a variety of approaches to improve staff performance.

SBL.22 Use a variety of approaches to improve staff performance.

SDL.22 Develop district systems for efficient management of policies, procedures, and practices to optimize instructional time.

SBL.23 Provide and monitor the use of differentiated strategies, materials, and technologies to maximize instructional time.

SDL.23 Use and promote technology to enrich district curriculum and instruction, monitor instructional practices, and provide assistance to administrators.

SBL 24 Support initiatives that utilize technologies for improved teaching and student achievement.

SDL.24 Use technology for district improvement.

SBL.24 Use technology for school improvement.

SDL.24 Interpret information and communicate progress toward vision and goals for educators, the district community, and other stakeholders.

SBL.25 Interpret information and communicate progress toward vision and goals for educators, the school community, and other stakeholders.

SDL.25 Use disaggregated data to improve instructional programs within the district.

SBL.26 Use disaggregated data to improve instructional programs.

SDL.26 Use effective technology and performance management systems where appropriate to improve instructional programs within the district.

SBL.27 Use effective technology and performance management systems where appropriate to improve classroom instruction.

SDL.27 Use technology to monitor, analyze, and evaluate assessment results for accountability reporting and to guide continuous district improvement.

SBL.28 Use technology to monitor, analyze, and evaluate assessment results for accountability reporting and to guide continuous school improvement.

Knowledge Indicators:

Knowledge Indicators:

SBL.29 The elements of school culture and ways it can be influenced to ensure student success.

SDL.28 The elements of district culture and ways it can be influenced to ensure student success.

SBL.30 The development of quality curriculum including principles/theories of learning, appropriate instructional techniques, monitoring and evaluating instruction, using data and technology to improve instruction, and allocating resources.

SDL.29 How district culture influences school culture.

SBL.31 Human development theories, proven learning and motivational theories and how diversity influences the learning process.

SDL.30 The development of quality curriculum including principles/theories of learning, appropriate instructional techniques, and monitoring and evaluating instruction.

SBL.32 Supervision strategies that ensure teachers are demonstrating research based professional practices.

SDL.31 The use of benchmarks, indicators, research methods, technology, and information systems to assess alignment of the curriculum.

SBL.33 Individual professional development plans and continuous progress.

SDL.32 The acquirement and allocation of resources.

SBL.34 Multiple methods of evaluation, accountability systems, data collection, and analysis of data.

SDL.33 Human development theory, proven learning and motivational theories, and how diversity influences the learning process.

SBL.35 Principles of quality professional development.

SDL.34 Standards for high quality teacher, principal, and district practice.

SBL.36 Effective instructional techniques.

SDL.35 Multiple methods of evaluation, accountability systems, data collection, and analysis of data.

SBL.37 Evaluation of professional development.

SDL.36 Principles of quality professional development.

SBL.38 School systems that promote efficient practices in the management of people, processes, and resources.

SDL.37 Leadership theories.

SBL.39 Technology as pedagogical and administrative tools.

SDL.38 Change processes.

SBL.40 Program Evaluation.

SDL.39 Evaluation of change and professional development.

Standard #14: Managing Organizational Systems and Safety

Education leaders promote the success of all students by managing organizational systems and resources for a safe, high performing learning environment.

Element A: Effective Operational Systems

[Leaders distribute leadership responsibilities and supervise daily, ongoing management structures and practices to enhance teaching and learning.]

A leader…

A.1 Uses effective tools such as problem-solving skills and knowledge of strategic, long-range, and operational planning to continuously improve the operational system.

14 A.2 Maintains the physical plant for safety, ADA requirements, and other access issues to support learning of every student.

14 A.3 Develops and facilitates communication and data systems that assure the timely flow of information.

14 A.4 Oversees acquisition and maintenance of equipment and effective technologies, particularly to support teaching and learning.

14 A.5 Distributes and oversees responsibilities for leadership of operational systems.

14 A.6 Evaluates and revises processes to continuously improve the operational system.

2.1.14. Element B: Aligned Fiscal and Human Resources

[Leaders establish an infrastructure for finance and personnel that operates in support of teaching and learning.]

A leader...

14 B.1 Operates within budget and fiscal guidelines and directs them effectively toward teaching and learning.

14 B.2 Allocates funds based on student needs within the framework of federal and state rules.

14B.3 Aligns resources (such as time, people, space, and money) to achieve the vision and goals.

14B.4 Implements practices to recruit and retain highly qualified personnel.

14B.5 Assigns personnel to address diverse student needs, legal requirements, and equity goals.

14 B.6 Conducts personnel evaluation processes that enhance professional practice, in keeping with district and state policies.

14 B.7 Seeks and secures additional resources needed to accomplish the vision and goals.

2.1.14. Element C: Protecting the Welfare and Safety of Students and Staff

[Leaders promote a safe environment by addressing real and potential challenges to the physical and emotional safety and security of students and staff that interfere with teaching and learning.]

A leader...

14 C.1 Advocates for and creates collaborative systems and distributed leadership responsibilities that support student and staff learning and well-being.

14 C.2 Involves parents, teachers, and students in developing, implementing, and monitoring guidelines and norms for accountable behavior.

14 C.3 Develops and monitors a comprehensive safety and security plan.

2.1.14. Element D: Essential Knowledge

theories and models of organizations and the principles of organizational development

operational procedures at school and district level

principles and issues relating to school safety and security

human resources management and development

principles and issues relating to fiscal operations of school management

principles and issues relating to school facilities and use of space

legal issues impacting school operations

current technologies that support management functions

2.1.14. Element E: Critical Dispositions

Education leaders believe in, value, and are committed to:

making management decisions to enhance learning and teaching

taking risks to improve schools

trusting people and their judgments

accepting responsibility

high-quality standards, expectations and performances

involving stakeholders in management processes

a safe environment

2.1.14. Elements A – D: Key Performance and Knowledge Indicators

14. Program Quality Indicators for School Building Leadership Standards

15. Program Quality Indicators for School District Leadership Standards

Performance Indicators:

Performance Indicators:

SBL.1 Analyze the school’s processes and operations to identify and prioritize daily and long-term challenges for the school.

SDL.1 Analyze the district’s processes and operations to identify and prioritize daily and long-term challenges for the district.

SBL.2 Write policies and procedures for the school.

SDL.2 Write policies and procedures for the district.

SBL.3 Implement and manage long range planning for the school.

SDL.3 Implement and manage long range planning for the district.

SBL.4 Identify and appropriate funds for the school using a variety of tools and processes, including collaborating with stakeholders.

SDL.4 Identify and appropriate funds for the district using a variety of tools and processes, including collaborating with stakeholders.

SBL.5 Develop multi-year fiscal plans and annual budgets for the school.

SDL.5 Develop multi-year fiscal plans and annual budgets for the district.

SBL.6 Audit the school’s budget and financial status.

SDL.6 Audit the district’s budget and financial status.

SBL.7 Develop facility and space utilization plans for the school.

SDL.7 Develop facility and space utilization plans for the district.

SBL.8 Project short-term, mid-term, and long-term resource needs of the school.

SDL.8 Project short-term, mid-term, and long-term resource needs of the district.

SBL.9 Use technology to manage school operations.

SDL.9 Use technology to manage district operations.

SBL.10 Create policies for a safe and secure building environment.

SDL.10 Create policies to create safe and secure central office and school-work environments.

SBL.11 Identify leadership capabilities of staff at various levels of the school.

SDL.11 Identify leadership capabilities of staff at various levels of the district.

SBL.12 Model collaboration skills.

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SBL.13 Authentically involves faculty and staff in decision- making processes.

SDL.12 Model collaboration skills. ____________________________________

SDL.13 Authentically involves district and school personnel in decision-making processes.

SBL.14 Use power and political skills in ethical ways.

SDL.14 Use power and political skills in ethical ways.

SBL.15 Serve as a role model for effective management and leadership.

SDL.15 Serve as a role model for effective management and leadership.

SBL.16 Write school policies that protect instructional time and schedules.

SDL.16 Write district policies that protect instructional time and schedules.

SBL.17 Develop a master schedule for the school.

SDL.17 Develop a master schedule for the district.

Knowledge Indicators:

Knowledge Indicators:

SBL.18 How to assess and manage organizational, operational, and legal resources of the school.

SDL.18 How to assess and manage organizational, operational, and legal resources of the district.

SBL.19 How to manage the marketing and public relations functions of the school.

SDL.19 How to manage the marketing and public relations functions of the district.

SBL.20 How to strategically align the operations, mission, vision, and goals of the school with the district’s strategic framework.

SDL.20 How to create and sustain strategic alignment throughout the district.

SBL.21 Methods and procedures for managing the school’s resources, including human resource development.

SDL.21 Methods and procedures for managing the district’s resources, including human resource development.

SBL.22 Methods and procedures for managing the school’s operations.

SDL.22 Methods and procedures for managing the district’s operations.

SBL.23 Methods and procedures for managing school facilities.

SDL.23 Methods and procedures for managing district facilities.

SBL.24 Methods and procedures for strategically aligning resources with school priorities.

SDL.24 Methods and procedures for strategically aligning resources with district priorities.

SBL.25 Methods and procedures for forecasting resource requirements for the school.

SDL.25 Methods and procedures for forecasting resource requirements for the district.

SBL.26 Strategies for providing school personnel, students, and visitors with a safe and secure building environment, including how to plan for a substance, weapon, and violence-free school.

SDL.26 Strategies for providing district office and school building personnel, students, and visitors with a safe and secure building environment, including how to plan for a substance, weapon, and violence-free work environment.

SBL.27 The meaning of distributed leadership and how to create and sustain it.

SDL.27 The meaning of distributed leadership and how to create and sustain it.

SBL.28 How to manage personal managerial and leadership responsibilities.

SDL.28 How to manage personal managerial and leadership responsibilities.

SBL.29 How to manage time and priorities.

SDL.29 How to manage time and priorities.

SBL.30 How to create and manage school schedules.

SDL.30 How to create and manage district schedules.

Standard #15: Collaboration with Families and Stakeholders

Education leaders promote the success of all students by collaborating with families and stakeholders who represent diverse community interests and needs and mobilizing community resources that improve teaching and learning.

2.1.15. Element A: Collaborating with Families and Community Members

[Leaders extend educational relationships to families and community members to add programs, services, and staff outreach and provide what every student needs to succeed in school and life.]

A leader...

15 A.1 Brings together the resources of schools, family members, and community to positively affect student and adult learning, including parents and others who provide care for children.

A.2 Involves families in decision making about their children's education.

A.3 Uses effective public information strategies to communicate with families and community members (such as email, night meetings, and written materials in multiple languages).

15 A.4 Applies communication and collaboration strategies to develop family and local community partnerships.

A.5 Develops comprehensive strategies for positive community and media relations.

2.1.15. Element B: Community Interests and Needs

[Leaders respond and contribute to community interests and needs in providing the best possible education for their children.]

A leader...

B.1 Identifies key stakeholders and is actively involved within the community, including working with community members and groups that have competing or conflicting perspectives about education.

15 B.2 Uses appropriate assessment strategies and research methods to understand and

accommodate diverse student and community conditions and dynamics.

15 B.3 Seeks out and collaborates with community programs serving students with special needs.

15 B.4 Capitalizes on diversity (such as cultural, ethnic, racial, economic, and special interest groups) as an asset of the school community to strengthen educational programs.

15 B.5 Demonstrates cultural competence in sharing responsibilities with communities to improve teaching and learning.

2.1.15. Element C: Building on Community Resources

[Leaders maximize shared resources among schools, districts, and communities that provide key social structures and gathering places, in conjunction with other organizations and agencies that provide critical resources for children and families.]

A leader...

15 C.1 Links to and collaborates with community agencies for health, social, and other services to families and children.

15 C.2 Develops mutually beneficial relationships with business, religious, political, and service organizations to share school and community resources (such as buildings, playing, parks, medical clinics, and so on).

15 C.3 Uses public resources and funds appropriately and effectively.

15 C.4 Secures community support to sustain existing resources and add new resources that address emerging student needs.

2.1.15. Element D: Essential Knowledge

emerging issues and trends that potentially impact the school community

the conditions and dynamics of the diverse school community

community resources

community relations and marketing strategies and processes

successful models of school, family, business, community, government and higher education partnerships

2.1.15. Element E: Critical Dispositions

schools operating as an integral part of the larger community

collaboration and communication with families

involvement of families and other stakeholders in school decision-making processes

the proposition that diversity enriches the school

families are partners in the education of their children

the proposition that families have the best interests of their children in mind

resources of the family and community needing to be brought to bear on the education of students

an informed public

2.1.15. Elements A – D: Key Performance and Knowledge Indicators

15. Program Quality Indicators for School Building Leadership Standards

16. Program Quality Indicators for School District Leadership Standards

Performance Indicators:

Performance Indicators:

SBL.1 Use the appropriate strategies to collect, analyze and interpret data and information pertinent to the school environment.

SDL.1Use the appropriate strategies to collect, analyze and interpret data and information pertinent to the district environment.

SBL.2 Communicate information about the school to the community.

SDL.2 Communicate information about the district to the community.

SBL.3 Identify and use diverse community resources to improve school programs and meet the needs of all students.

SDL.3 Identify and use diverse community resources to improve district programs and meet the needs of all students.

SBL.4 Assess the needs of students, parents or caregivers.

SDL.4 Assess the needs of students, parents or caregivers.

SBL.5 Articulate a vision of school leadership characterized by respect for children and their families.

SDL.5 Articulate a vision of district leadership characterized by respect for children and their families.

SBL.6 Apply oral and written communication and collaboration strategies to develop school relationships with families and caregivers.

SDL.6 Apply oral and written communication and collaboration strategies to develop district relationships with families and caregivers.

SBL.7 Involve families and caregivers in decision making about their children's education.

SDL.7 Involve families and caregivers in decision making on the education of children within the district.

SBL.8 Assess the needs of school community partners.

SDL.8 Assess the needs of district community partners.

SBL.9 Articulate a vision of school leadership characterized by respect for community partners.

SDL.9 Articulate a vision of district leadership characterized by respect for community partners.

SBL.10 Apply oral and written communication and collaboration strategies to develop school relationships with community partners.

SDL.10 Apply oral and written communication and collaboration strategies to develop district relationships with community partners.

Knowledge Indicators:

Knowledge Indicators:

SBL.11 The collection and analysis of data and information pertinent to the school educational environment.

SDL.11 The collection and analysis of data and information pertinent to the district educational environment.

SBL.12 Cultural competence.

SDL.12 Cultural competence.

SBL.13 Diverse cultural, social and intellectual community resources.

SDL.13 Diverse cultural, social and intellectual community resources.

SBL.14 The needs of students, parents or caregivers.

SDL.14 The needs of students, parents or caregivers.

SBL.15 Organizational culture that promotes open communication with families and caregivers.

SDL.15 Organizational culture that promotes open communication with families and caregivers.

SBL.16 Strategies for effective oral and written communication and collaboration with families and caregivers.

SDL.16 Strategies for effective oral and written communication with families and caregivers.

SBL.17 The needs of school community partners.

SDL.17 The needs of school community partners.

SBL.18 School organizational culture that promotes open communication with community partners.

SDL.18 District organizational culture that promotes open communication with community partners.

SBL.19 School strategies for effective oral and written communication and collaboration to develop and sustain productive relations with community partners.

SDL.19 District strategies for effective oral and written communication and collaboration to develop and sustain productive relations with community partners.

Standard #16: Ethics and Integrity

Education leaders promote the success of all students by being ethical and acting with integrity.

2.1.16 Element A: Ethical and Legal Standards

[Leaders demonstrate appropriate ethical and legal behavior expected by the profession.]

A leader...

16 A.1 Models personal and professional ethics, integrity, justice, and fairness and expects the same of others.

16 A.2 Protects the rights and appropriate confidentiality of students and staff.

16 A.3 Behaves in a trustworthy manner, using professional influence and authority to enhance education and the common good.

2.1.16. Element B: Examining Personal Values and Beliefs

[Leaders demonstrate their commitment to examine personal assumptions, values, beliefs, and practices in service of a shared vision and goals for student learning.]

A leader...

B.1 Demonstrates respect for the inherent dignity and worth of each individual.

16 B.2 Models respect for diverse community stakeholders and treats them equitably.

16 B.3 Demonstrates respect for diversity by developing cultural competency skills and equitable practices.

16 B.4 Assesses own personal assumptions, values, beliefs, and practices that guide improvement of student learning.

16 B.5 Uses a variety of strategies to lead others in safely examining deeply held assumptions and beliefs that may conflict with vision and goals.

16 B.6 Respectfully challenges and works to change assumptions and beliefs that negatively affect students, educational environments, and every student learning.

Element C: Maintaining High Standards for Self and Others

[Leaders perform the work required for high levels of personal and organizational performance, including acquiring new capacities needed to fulfill responsibilities, particularly for high-stakes accountability.]

A leader...

16 C.1 Reflects on own work, analyzes strengths and weaknesses, and establishes goals for professional growth.

16 C.2 Models lifelong learning by continually deepening understanding and practice related to content, standards, assessment, data, teacher support, evaluation, and professional development strategies.

16 C.3 Develops and uses understanding of educational policies such as accountability to avoid expedient, inequitable, or unproven approaches that meet short-term goals (such as raising test scores).

16 C.4 Helps educators and the community understand and focus on vision and goals for students within political conflicts over educational purposes and methods.

16 C.5 Sustains personal motivation, optimism, commitment, energy, and health by balancing professional and personal responsibilities and encouraging similar actions for others.

2.1.16. Element D: Essential Knowledge

the purpose of education and the role of leadership in modern society

various ethical frameworks and perspectives on ethics

the values of the diverse school community

professional codes of ethics

the philosophy and history of education

2.1.16. Element E: Critical Dispositions

the ideal of the common good

the principles of the Bill of Rights and responsibilities of citizenship

the right of every student to a free, quality education

bringing ethical principles to the decision-making process

subordinating one’s own interest to the good of the school community

accepting the consequences for upholding one’s principles and actions

using the influence of one’s office constructively and productively in the service of all students and their families

development of a caring school community

2.1.16. Elements A – D: Key Performance and Knowledge Indicators

16. Program Quality Indicators for School Building Leadership Standards

17. Program Quality Indicators for School District Leadership Standards

Performance Indicators:

Performance Indicators:

SBL.1 Plan, implement, and evaluate policies, procedures, and practices within the school that support students’ academic and social successes.

SDL.1 Plan, implement, and evaluate policies, procedures, and practices within the district that support students’ academic and social successes.

SBL.2 Formulate a building-level leadership platform grounded in ethical standards and practices.

SDL.2 Formulate a district-level leadership platform grounded in ethical standards and practices.

SBL.3 Analyze decisions in terms of established ethical standards.

SBL.4 Develop, implement, and evaluate a professional development plan for a school that clearly addresses democratic values, equity, and diversity.

SDL 3 Analyze decisions in terms of established ethical standards.

SDL.4 Develop, implement, and evaluate district policies and procedures that support democratic values, equitable practices, and a respect for diversity district-wide.

SBL.5 Formulate sound solutions to educational dilemmas across a range of content areas in educational leadership.

SDL.5 Formulate sound solutions to educational dilemmas across a range of content areas in educational leadership.

SBL.6 Develop and evaluate school policies, programs, and practices that ensure social justice, equity, confidentiality, acceptance, and respect between and among students and faculty that support student achievement.

SDL.6 Develop and evaluate district policies, programs, and practices that ensure social justice, equity, confidentiality, acceptance, and respect between and among students and faculty that support student achievement.

SBL.7 Utilize federal, state, and local legal/policy guidance to create operational definitions of accountability, equity, and social justice.

SDL.7 Utilize federal, state, and local legal/policy guidance to create operational definitions of accountability, equity, and social justice.

SBL.8 Utilize legal and professional organizations’ information to understand the basic tenants of ethical behavior, the relationship between ethical behavior, building culture and student achievement.

SDL.8 Utilize legal and professional organizations’ information to understand the basic tenants of ethical behavior, the relationship between ethical behavior, district culture and student achievement.

Knowledge Indicators:

Knowledge Indicators:

SBL.9 The effect of ethical behavior on one’s own leadership.

SDL.9 The effect of ethical behavior on one’s own leadership.

SBL.10 Democratic values, equity, and diversity.

SDL.10 Democratic values, equity, and diversity.

SBL.11 Current ethical and moral issues facing education, government, and business and their consequences.

SDL.11 Current ethical and moral issues facing education, government, and business and their consequences.

SBL.12 The relationship between social justice, school culture, and student achievement.

SDL.12 The relationship between social justice, district culture, and student achievement.

Standard 17: The Education System

Education leaders promote the success of all students by influencing interrelated systems of political, social, economic, legal, and cultural contexts affecting education to advocate for their teachers’ and students’ needs.

2.1.17. Element A: Exerting Professional Influence

[Leaders improve the broader political, social, economic, legal, and cultural context of education for all students and families through active participation and exerting professional influence in the local community and the larger educational policy environment.]

A leader...

17 A.1 Facilitates constructive discussions with the public about federal, state, and local laws, policies, regulations, and statutory requirements affecting continuous improvement of educational programs and outcomes.

17 A.2 Actively develops relationships with a range of stakeholders and policymakers to identify, respond to, and influence issues, trends, and potential changes that affect the context and conduct of education.

17 A.3 Advocates for equity and adequacy in providing for students' and families' educational, physical, emotional, social, cultural, legal, and economic needs, so every student can meet educational expectations and policy goals.

Element B: Contributing to the Educational Policy Environment

A leader...

17 B.1 Operates consistently to uphold and influence federal, state, and local laws, policies, regulations, and statutory requirements in support of every student learning.

17 B.2 Collects and accurately communicates data about educational performance in a clear and timely way, relating specifics about the local context to improve policies and inform progressive political debates.

17 B.3 Communicates effectively with key decision makers in the community and in broader political contexts to improve public understanding of federal, state, and local laws, policies, regulations, and statutory requirements.

17 B.4 Advocates for increased support of excellence and equity in education.

2.1.17. Element C: Policy Engagement

[Working with policymakers informs and improves education policymaking and effectiveness of the public's efforts to improve education.]

A leader...

17 C.1 Builds strong relationships with the school board, district and state education leaders, and policy actors to inform and influence policies and policymakers in the service of children and families.

17 C.2 Supports public policies that provide for present and future needs of children and families and improve equity and excellence in education.

17 C.3 Advocates for public policies that ensure appropriate and equitable human and fiscal resources and improve student learning.

17 C.4 Works with community leaders to collect and analyze data on economic, social, and other emerging issues that impact district and school planning, programs, and structures.

2.1.17. Element D: Essential Knowledge

principles of representative governance that undergird the system of American schools

the role of public education in developing and renewing a democratic society and an economically productive nation

the law as related to education and schooling

the political, social, cultural and economic systems and processes that impact schools

models and strategies of change and conflict resolution as applied to the larger political, social, cultural and economic contexts of schooling

global issues and forces affecting teaching and learning

the dynamics of policy development and advocacy under our democratic political system

the importance of diversity and equity in a democratic society

2.1.17. Element E: Critical Dispositions

education as a key to opportunity and social mobility

recognizing a variety of ideas, values and cultures

importance of a continuing dialogue with other decision makers affecting education

actively participating in the political and policy-making context in the service of education

using legal systems to protect student rights and improve student opportunities

2.1.17. Elements A – D: Key Performance and Knowledge Indicators

17. Program Quality Indicators for School Building Leadership Standards

18. Program Quality Indicators for School District Leadership Standards

Performance Indicators:

Performance Indicators:

SBL.1 Analyze the complex causes of poverty and other disadvantages and their effects on families, communities, children and learning.

SDL.1 Serve as respectful spokespersons for the children and families served by the district.

SBL.2 Advocate for school policies and programs that promote equitable learning opportunities and success for all students.

SDL.2 Apply law and policy consistently, fairly and ethically district-wide.

SBL.3 Communicate policies, laws, regulations and procedures to appropriate school stakeholders.

SDL.3 Advocate for district policies and programs that promote equitable learning opportunities and success for all students and adults.

SBL.4 Identify emerging trends and issues likely to impact the school.

SDL4. Communicate policies, laws,

regulations and procedures to appropriate district stakeholders.

SBL.5 Adapt leadership strategies and practice to address emerging issues.

SDL.5 Identify emerging trends and issues likely to impact the district.

SBL.6 Policies, laws and regulations enacted by state, local and federal authorities that affect schools, especially those targeted to improve educational and social opportunities.

SDL.6 Adapt leadership strategies and practice to address emerging issues.

Knowledge Indicators:

Knowledge Indicators:

SBL.7 The larger political, social, economic, legal and cultural context.

SDL.7 Policies, laws and regulations enacted by local, state and federal authorities that affect school districts.

SBL.8 Knowledge of how to use power and political skills to influence local, state and federal decisions.

SDL.8 The larger political, social, economic, legal and cultural context.

SBL.9 Anticipating future issues and trends that can affect schools.

SDL.9 Knowledge of how to use power and political skills to influence local, state and federal decisions.

SBL.10 Contemporary and emerging leadership theories.

SDL.10 Anticipating future issues and trends that can affect schools.

SDL.11 Contemporary and emerging leadership theories.

2.1.18 UNIT STANDARD ONE: The Internship

The internship provides significant opportunities for candidates to synthesize and apply the knowledge and practice and develop the skills identified in the ISSLC Standards 1-6 through authentic experiences that are field-based, standards-based, sustained, and guided by qualified on-site mentors for graduate credit.

Program Standards

Program Quality Indicators for School Building Leadership Standards

Program Quality Indicators for School District Leadership Standards

18.1 Field-based Internship Experiences

SBL.1 Candidates participate in planned and authentic field experiences embedded within courses during the entire duration of the program as assigned by institution faculty and approved by the on-site mentor.

SDL.1 Candidates participate in planned and authentic field experiences embedded within courses during the entire course of the program as assigned by institution faculty and approved by the on-site mentor.

SBL.2 Candidates document all field experiences.

SDL.2 Candidates document all field experiences.

SBL.3 Field experiences occur in a variety of school leadership settings that allow candidates to demonstrate a wide range of relevant knowledge and skills.

SDL.3 Field experiences occur in a variety of school leadership settings that allow candidates to demonstrate a wide range of relevant knowledge and skills.

SBL.4 Field experiences provide opportunities for candidates to work with appropriate community organizations such as social service groups and local businesses.

SDL.4 Field experiences provide opportunities for candidates to work with appropriate community organizations such as social service groups, parent groups, and school boards.

18.2 Standards-based Internship Experiences

SBL.5 Internship experiences provide candidates with significant opportunities to synthesize and apply the knowledge and skill abilities identified in the previous Standards 12 - 17.

SDL.5 Internship experiences provide candidates with significant opportunities to synthesize and apply the knowledge and skill abilities identified in the previous Standards 12 - 16.

SBL.6 Candidates demonstrate the ability to accept genuine responsibility for leading, facilitating, and making decisions typical of those made by educational leaders within a school.

SDL.6 Candidates demonstrate the ability to accept genuine responsibility for leading, facilitating, and making decisions typical of those made by educational leaders within a district.

SBL.7 Intern experiences provide candidates with authentic school-level responsibilities that increase over time in amount and complexity and involve direct interaction with staff, students, parents, and school community leaders.

SDL.7 Intern experiences provide candidates with authentic district-level responsibilities that increase over time in amount and complexity and involve direct interaction with staff, school, parents, students, school board, and district community leaders.

SBL.8 Candidates are provided opportunities to apply knowledge and skills articulated by state standards and district policies for educational leaders within a school.

SDL.8 Candidates are provided opportunities to apply knowledge and skills articulated by state standards and district policies for educational leaders within a district.

18.3 Sustained Experiences

SBL.9 Candidates are provided a six-month, full-time (9-12 hours per week) internship experience. This experience need not be consecutive and may include experiences of different lengths. However, the internship must include an extended capstone experience to maximize the candidate’s opportunities to practice and refine their building-level knowledge and skills. This experience may include two noncontiguous internships of three months each, a four-month internship and two months of field experiences, or another equivalent combination.

SDL.9 Candidates are provided a six-month, full-time (9-12 hours per week) internship experience. This experience need not be consecutive and may include experiences of different lengths. However, the internship must include an extended capstone experience to maximize the candidate’s opportunities to practice and refine their district-level knowledge and skills. This experience may include two noncontiguous internships of three months each, a four-month internship and two months of field experiences, or another equivalent combination.

SBL.10 Candidates submit an internship plan that is approved by both the on-site mentor and institution faculty. The selected internship site must be in a different educational setting than that in which the candidate is employed.

SDL.10 Candidates submit an internship plan that is approved by both the on-site mentor and institution faculty. The selected internship site must be in a different educational setting than that in which the candidate is employed.

18.4 Qualified On-site Mentor

SBL.11 A qualified on-site mentor is selected collaboratively by the intern candidate and institution faculty.

SDL.11 A qualified on-site mentor is selected collaboratively by the intern candidate and institution faculty.

SBL.12 Each on-site mentor has demonstrated successful experience as an educational leader within a school.

SDL.12 Each on-site mentor has demonstrated successful experience as an educational leader within a district.

SBL.13 High-quality training of on-site mentors is provided by the supervising institution in order that the on-site mentor may provide the intern candidate with ongoing supervision, guidance, and evaluation.

SDL.13 High-quality training of on-site mentors is provided by the supervising institution in order that the on-site mentor may provide the intern candidate with ongoing supervision, guidance, and evaluation.

18.5 Credit

SBL.14 Candidates take the internship for credit according to the policies of the program.

SDL.14 Candidates take the internship for credit according to the policies of the program.

2.1.19 UNIT STANDARD ONE: Technology Standards for Administrators - (NETS.A)

Effective educational administrators model and apply the National Educational Technology Standards for Administrators (NETS.A). All administrators will meet the following standards and performance indicators.

2.1.19. 1- 5 Performance - Indicators:

Visionary Leadership.

[Educational Administrators inspire and lead development and implementation of a shared vision for comprehensive integration of technology to promote excellence and support transformation throughout the organization.]

Educational Administrators:

19 (a) Inspire and facilitate among all stakeholders a shared vision of purposeful change that maximizes use of digital-age resources to meet and exceed learning goals, support effective instructional practice, and maximize performance of district and school leaders

19 (b) Engage in an ongoing process to develop, implement, and communicate technology-infused strategic plans aligned with a shared vision

19 (c) Advocate on local, state, and national levels for policies, programs, and funding to support implementation of a technology-infused vision and strategic plan

Digital-Age Learning Culture.

[Educational Administrators create, promote, and sustain a dynamic, digital-age learning culture that provides a rigorous, relevant, and engaging education for all students.]

Educational Administrators:

19 (d) Ensure instructional innovation focused on continuous improvement of digital-age learning

19 (e) Model and promote the frequent and effective use of technology for learning

19 (f) Provide learner-centered environments equipped with technology and learning resources to meet the individual, diverse needs of all learners

19 (g) Ensure effective practice in the study of technology and its infusion across the curriculum

19 (h) Promote and participate in local, national, and global learning communities that stimulate innovation, creativity, and digital-age collaboration

Excellence in Professional Practice.

[Educational Administrators promote an environment of professional learning and innovation that empowers educators to enhance student learning through the infusion of contemporary technologies and digital resources.]

Educational Administrators:

19 (i) Allocate time, resources, and access to ensure ongoing professional growth in technology fluency and integration

19 (j) Facilitate and participate in learning communities that stimulate, nurture, and support administrators, faculty, and staff in the study and use of technology

19 (k) Promote and model effective communication and collaboration among stakeholders using digital-age tools

19 (l) Stay abreast of educational research and emerging trends regarding effective use of technology and encourage evaluation of new technologies for their potential to improve student learning

Systemic Improvement.

[Educational Administrators provide digital-age leadership and management to continuously improve the organization through the effective use of information and technology resources.]

Educational Administrators:

19(m) Lead purposeful change to maximize the achievement of learning goals through the appropriate use of technology and media-rich resources

19 (n) Collaborate to establish metrics, collect and analyze data, interpret results, and share findings to improve staff performance and student learning

19 (o) Recruit and retain highly competent personnel who use technology creatively and proficiently to advance academic and operational goals

19 (p) Establish and leverage strategic partnerships to support systemic improvement

19 (q) Establish and maintain a robust infrastructure for technology including integrated, interoperable technology systems to support management, operations, teaching, and learning

Digital Citizenship.

[Educational Administrators model and facilitate understanding of social, ethical, and legal issues and responsibilities related to an evolving digital culture.]

Educational Administrators:

19 (r) Ensure equitable access to appropriate digital tools and resources to meet the needs of all learners

19 (s) Promote, model, and establish policies for safe, legal, and ethical use of digital information and technology

19 (t) Promote and model responsible social interactions related to the use of technology and information

19 (u) Model and facilitate the development of a shared cultural understanding and involvement in global issues through the use of contemporary communication and collaboration tools

2.1.20 Unit Standard One: Advanced Programs

The curriculum for advanced programs must prepare candidates for the areas in which they will seek certification in accordance with the requirements specified in Maine Department of Education Regulation Chapter 115: Certification of Educational Personnel: Standards and Procedures. Advanced program designs are planned for individuals who have already successfully completed basic programs qualifying them for initial certification. The emphasis, in both content and rigor, is on advanced study. All advanced programs must demonstrate alignment with the standards and guidelines of the respective professional society or nationally recognized board or organization that specializes in the offered field of study. All advanced programs will use a variety of performance assessments of candidates’ understanding and ability to explore and apply new knowledge.

2.1.21 Advanced Study in Specialty Area Education

The program’s content area specialization provides for breadth in the field for detailed study of one or more specialized aspects of the field, and for access to new research, knowledge and developments. The program uses a variety of assessments of candidates’ understanding and ability to apply that knowledge. Mastery of this standard can be demonstrated by the ability to:

demonstrate specialized disciplinary knowledge through performance assessments aligned with professional expectations associated with the field of study.

explore specialized aspects of their field through examination of current professional research, and identify areas of study with potential to develop the critical, analytical and performance capacities of their students.

2.1.22 Unit Standard One: Alternate Route Program Options

Alternate route programs are organized, performance-and-standards-based professional preparation and support systems delivered through units (as defined under option A or B – See § 1.2 for definitions of “unit”) leading to initial teacher certification. Participants in such programs have appropriate undergraduate degrees. Alternate route programs prepare candidates for the areas in which they will seek certificates in accordance with the requirements specified in Maine Department of Education Regulation Chapter 115: Standards and Procedures. Alternate route programs are designed to prepare new teachers-of-record in 7-12 schools who have a degree but lack the prerequisites for initial teacher certification as specified in Regulation Chapter 115.

The following alternate route teacher preparation paths are not intended to replace any existing alternate route program options offered by or through Maine’s state approved educator preparation programs; rather; they are meant to expand upon the options that currently exist.

Non-Traditional Teacher Preparation Paths are designed to:

delineate five (5) non-traditional teacher preparation paths to initial certification in Maine;

articulate the standards and requirements for each clinical path; and

ensure consistency in delivery and implementation among all state approved non-traditional teacher preparation program path providers.

It is anticipated that the non-traditional teacher preparation paths will be of interest to individuals who are/have been employed in other employment sectors. Such individuals must be currently employed by a local school administrative unit and wish to pursue public school teaching as a new career. Such individuals may include, but are not limited, to the following:

educational specialists,

experienced instructors in the military,

educational technologists,

experienced instructors in institutions of higher education,

experienced individuals in business/industry/arts - professionals who can provide instruction in secondary education teaching fields (grades 7-12),

experienced instructors in private school settings,

holders of advanced degrees in content areas for which the state issues renewable teacher certification,

completers of all coursework with an educator preparation program and are eligible for, but did not complete, student teaching,

Purpose:

This section of rule specifies the clinically-based content standards and requirements for approving non-traditional teacher preparation path providers designed for the preparation of teacher candidates and complements the traditionally-based program standards and requirements contained elsewhere in Title 20-A, Chapter 114, Purpose, Standards and Procedures for the Review and Approval of Preparation Programs for Educator Personnel and in Maine Department of Education Regulation Chapter 115. These clinically-based standards and requirements are intended to guide the development of non-traditional teacher preparation paths that will prepare completers for teaching in ways that will positively impact Maine student achievement and growth through research-based pedagogy. These clinically-based provisions also delineate several non-traditional teacher preparation path requirements related to new teacher support and induction programs that may be used by non-traditionally prepared teachers for obtaining initial teacher certification in Maine. A Maine State Board approved professional education unit may opt to provide non-traditional teacher preparation paths that meet all requirements and standards as delineated in this rule.

Definitions:

2.1.22.1 Non-Traditional Teacher Preparation Paths are defined as those paths which:

Prepare individuals with a minimum of a four-year bachelor’s degree, or a verifiable equivalent, in a content field that supports the academic content knowledge of the content field for which the individual is seeking initial certification, but whose undergraduate or graduate work did not include pedagogical knowledge and skills. Alternate teacher preparation path candidates will not have held an initial teaching certificate before.

Feature a flexible timeframe for completion;

Do not, necessarily, lead to a degree or college credit;

Are job embedded allowing candidates to complete non-traditional preparation path requirements while employed as a classroom teacher, full-time or part-time, for at least two classes per day in a regionally accredited school administrative unit;

Require that candidates are supported by a Local Support Team (LST) comprised of a school-based administrator, a school-based mentor or teaching coach, a supervisor employed by the non-traditional teacher preparation path provider, and a content specialist - if either the mentor or supervisor are not also a content specialist in the candidate’s teaching field;

Require an induction component that includes coaching and supervision for a minimum of one academic year;

Provide curriculum, performance-based instruction, and assessment focused upon the pedagogical knowledge and skills necessary for the candidate to teach his/her validated academic content knowledge;

Are individualized, based on the needs of each candidate, with respect to content knowledge, pedagogical skills, learning modalities, learning styles, interests, and readiness to teach – [needs are to be determined through assessments of candidate performance in the classroom, related specifically to path requirements that are based on teaching competencies rather than coursework seat-time]; and

Use candidate and non-traditional teacher preparation path performance data to inform decision-making regarding continuous improvement of the non-traditional preparation path.

2.1.22.2 Individualized Induction Plan (IIP) – is the name given to:

A comprehensive, coherent, and sustained professional development process that is organized by a school district to train, support, and retain new teachers, which then seamlessly progresses them into a lifelong learning program.

Eligible Providers:

A Non-Traditional Teacher Preparation Paths program may be offered by any participating Maine State Board of Education approved professional education unit that can verify, through the program approval process, the ability to provide non-traditional preparation paths and to provide programs that meet all requirements and standards delineated in this rule.

Non-Traditional Teacher Preparation Paths

There are five (5) non-traditional teacher preparation paths leading to initial certification in Maine for individuals who:

hold a four-year bachelor's degree or higher from an accredited institution;

did not complete a teacher education degree program; and

want to transition to the teaching profession.

Candidates must be employed as full-time teachers or as part-time teachers who teach at least two classes per day by a local school administrative unit for all paths leading to initial teacher certification. The employing school administrative unit and the non-traditional teacher preparation path provider (state approved educator professional education unit) will assess the candidate’s transcripts and the employing school unit’s needs to determine the appropriate path in which to place the candidate.

All teacher candidates will be required to successfully complete an exceptionality course. Candidates will need to provide the superintendent of the employing SAU valid documentation that the course taken to meet this requirement has been approved by the Maine Department of Education.

The non-traditional teacher preparation paths will equip teachers with the skills necessary for initial success in their classrooms. All non-traditional teacher preparation paths require structured supervision and guidance by a team of qualified mentors and coaches, the Local Support Team (LST), for a minimum of one academic year. This team should be comprised of a school-based administrator, a school-based mentor/coach, a non-traditional teacher preparation path provider supervisor, and a content specialist (if the mentor or supervisor is not a content specialist in the candidate’s content field). The LST will assess the level of knowledge and skills with which a teacher candidate performs while completing the assigned path utilizing a valid, norm-referenced, non-traditional common assessment. Teacher candidates must perform at, or above, the assessment’s designated level of Proficiency. The results of this assessment will determine the recommendation that the candidate remain in the assigned path or be transferred to another path that better provides the support needed for the candidate to meet the teaching competencies, the pedagogical standards, and the dispositions, as delineated elsewhere in this rule.

Through on-going monitoring and assessment of each candidate’s performance in the classroom and through the provision of evidence of his/her knowledge, skills, and dispositions delineated in the teaching competencies and pedagogical content standards required for successful completion of the non-traditional teacher preparation path, the LST will provide recommendations for advancement, retention, or termination of the candidate’s participation. Upon meeting all the required teacher competencies and standards, including one academic year of mentor/coaching, candidates will be recommended by the LST to the Maine Department of Education Certification Office for initial teacher certification.

Non-Traditional Teacher Preparation Path – Program Options

Program Admission Requirements Specific program admission and completion requirements for the non-traditional teacher preparation paths, in addition to those mentioned previously, are described below for each path.

Overview The non-traditional teacher preparation path is recommended for individuals who have demonstrated content knowledge in their teaching fields through path specific requirements and are assigned to a teaching field in that discipline, yet have little or no teaching experience. Based on individual assessments of teaching performance, candidates appropriate for each non-traditional path will have demonstrated gaps in knowledge, skills, and dispositions in content, pedagogy, and/or student learning.

Candidates for the non-traditional paths must:

Hold a bachelor’s degree or higher from an accredited four-year college or university;

Pass the rigorous basic skills assessment as determined by the Maine State Board of Education. Candidates with Master’s Degrees or higher are exempt from the rigorous basic skills assessment;

Middle Grades math, science, English/Language Arts, and Social Studies must have a four-year bachelor’s degree or higher with a 24 semester hours major in a concentration in the assigned content field; a passing score on the rigorous knowledge content assessment(s) as defined by the Maine State Board of Education and a transcript assessment confirming successful completion of 24 semester hours in the assigned content field. If the candidate does not have a major in the assigned content field - for instance the candidate is accepted with a major in a related field or having experience that supports the knowledge and skills in the content area, he/she must have a passing score on the rigorous knowledge content assessment(s) as defined by the Maine State Board of Education.

Secondary math, life science and physical science, Social Studies, English, World Language (K-12), and Fine Arts K-12 (music and visual arts) must have a four-year bachelor’s degree or higher with a major in the assigned content field or a transcript assessment confirming successful completion of 24 semester hours in the assigned content field and a passing score on the rigorous knowledge content assessment(s) as defined by the Maine State Board of Education. If the candidate does not have a major in the assigned teaching field - for instance the candidate is accepted with a major in a related field or having experience that supports the knowledge and skills in the content area, he/she must have a passing score on the rigorous knowledge content assessment(s) as defined by the Maine State Board of Education..

Non-Traditional Teacher Preparation Path Completion Requirements

Non-traditional teacher preparation path providers shall require candidates to:

pass the rigorous knowledge content assessment(s) as defined by the Maine State Board of Education in the content field for which initial certification is being sought;

meet all of the teaching competencies, the pedagogical content standards, and the dispositions delineated in this rule; and

complete an Individual Induction Plan (IIP) – see Definition 2.2 - that includes the aforementioned requirements and individual requirements resulting from candidate assessment data. The candidate must complete a minimum of one academic year in a mentoring/coaching non-traditional teacher preparation path supported through the Local Support Team (LST).

Candidates will have up to three (3) years to complete the following requirements for this path:

For a minimum of one (1) academic year candidates must receive intensive support through the Local Support Team (LST).

Must have an Individualized Induction Plan (IIP) – see Definition 2.2 – which the mentor will use to coach the candidate in the teaching competencies and dispositions delineated in this rule.

Must complete all applicable Maine requirements as well as pass the Principles of Learning and Teaching (PLT) assessment.

Non-Traditional Teacher Preparation Paths:

ADJUNCT TEACHING PATH

Purpose

The Adjunct Teaching Path (ATP) is designed for candidates with content-specific knowledge and skills such as:

experienced instructors in the military,

institutions of higher education,

business/industry/arts professionals who can provide instruction in secondary education teaching fields (grades 7-12).

Admission Requirements

The non-traditional teacher preparation path providers shall accept candidates who hold at least a four-year bachelor’s degree and have passed a rigorous content knowledge assessment(s) as defined by the Maine State Board of Education; have passed the Principles of Learning and Teaching (PLT) assessment; and are employed by a local school administrative unit as a full-time teacher or part-time teacher during the school year for at least the equivalent of 15 weeks of full-time instruction (e.g. the same time frame as required for student teaching in traditional teacher preparation programs).

Path Completion Requirements: No additional requirements.

ADVANCED DEGREE ALTERNATIVE PATH – (ADAP)

Purpose

The Advanced Degree Alternative Path (ADAP) path provides 7-12 pedagogical preparation for individuals who:

hold advanced degrees in content areas for which the state issues renewable teacher certification.

Admission Requirements

The non-traditional teacher preparation program providers shall accept candidates who hold at least a master’s degree, a major in the content field assignment, and who are employed by a local school administrative unit as a full-time teacher or part-time teacher during the school year for at least the equivalent of 15 weeks of full-time instruction (e.g. the same time frame as required for student teaching in traditional teacher preparation programs).

(C) CORE ACADEMIC PREPARATION PATH – (CAP)*

*The CAP path has been available as a non-traditional teacher preparation path to certification candidates for several years. However, having been expanded upon, it is included in this section of rule to make clear that it remains a viable option, among others, for eligible individuals seeking initial teacher certification.

Purpose

The Core Academic path is designed for teacher candidates in Secondary 7-12 math, science, all subjects comprising social studies, English, world language, art and music who have demonstrated content knowledge in their content fields and can demonstrate the appropriate depth of pedagogical knowledge and skills necessary for successful teaching.

Admission Requirements

The non-traditional teacher preparation path providers shall accept candidates who hold at least a bachelor’s degree or higher with a major in the content field to which he/she is assigned to teach for a majority of the school day; a passing score or qualifying exemption on the rigorous basic skills assessment as determined by the Maine State Board of Education or have a Master’s degree, or higher; a passing score on the rigorous content knowledge assessment as determined by the Maine State Board of; and are employed by a local school administrative unit as a full-time teacher or part-time teacher during the school year for at least the equivalent of 15 weeks of full-time instruction (e.g. the same time frame as required for student teaching in traditional teacher preparation programs).

(D) CLINICAL PRACTICE PATH – (CP)

Purpose

The Clinical Practice Path (CP) is designed for individuals who:

have successfully completed all coursework associated with an educator preparation program and

are eligible for, but did not attempt* student teaching.

• The reason(s) for not attempting student teaching will need to be documented and evaluated by the Local Support Team prior to an individual being accepted to pursue this alternate route path.

2. Admission Requirements Non-traditional teacher preparation program providers shall accept candidates who:

upon affirmation of employment by a Maine school administrative unit superintendent of schools, has been issued a conditional certificate by the Department in the teaching assignment area; or

have successfully completed an education program at a non-traditional program provider college or university;

are eligible for, but did not attempt student teaching; and

are employed by a local school administrative unit as a full-time teacher or part-time teacher during the school year for at least the equivalent of 15 weeks of full-time instruction (e.g. the same time frame as required for student teaching in traditional teacher preparation programs).

Note: Taking the Principles of Learning and Teaching (PLT) assessment may be waived if the transcript assessment shows that the necessary coursework was satisfied while previously completing an education program at an appropriately accredited, non-traditional program provider college or university.

(E) ONE-YEAR SUPERVISED PRACTICUM PATH – (OYSP)

Purpose

The One-year Supervised Practicum (OYSP) path is designed to provide pedagogical preparation for individuals seeking initial teacher certification who have demonstrated content knowledge, pedagogical knowledge, and have had experience teaching students in:

a private school;

a college or university;

a corporate setting; or

a military setting.

Admission Requirements

Non-traditional teacher preparation program path providers shall accept candidates who are eligible for a conditional certificate in a teaching field as specified in Department of Education Regulation Chapter 115 when prior to employment and admission into the practicum candidates:

hold at least a four-year bachelor’s degree, or its equivalent, in the content field;

have passed the rigorous content knowledge assessment(s) as defined by the Maine State Board of Education.

have a Master’s degree or higher; and

who are employed by a local school administrative unit as a full-time teacher or part-time teacher during the school year for at least the equivalent of 15 weeks of full-time instruction (e.g. the same time frame as required for student teaching).

3. Eligible Certification Fields and Related Path Requirements

Non-traditional teacher preparation paths are only available for the 7-12 teaching fields as stated earlier. These fields have been selected as they match closely with Maine’s on-going 7-12 teacher shortage areas for the entire State of Maine.

Special Education Fields

To receive approval to offer non-traditional teacher preparation paths to initial certification in the Special Education fields the non-traditional teacher preparation path provider must, in addition to meeting all standards and requirements stated in this rule, describe how candidates will meet the appropriate special education content standards associated with the following teacher endorsement areas:

282 – Teacher – Students With Disabilities (K-8)

282 – Teacher – Students With Disabilities (7-12)

286 – Teacher – Severe Impaired (K-12)

291 – Blind/Visual Impaired (K-12)

292 – Deaf/Hearing Impaired (K-12)

Specialist, leadership, and other endorsement certifications are not offered through non-traditional routes.

4. Non-traditional Teacher Preparation Path Requirements:

(a) The non-traditional teacher preparation path providers shall assure that all teacher candidates meet the ten (10) INTASC Core Teaching Standards as well as the National Educational Technology Standards for Teachers (NET.T) by the time of path completion, through providing preparation, as needed, in the areas of curriculum, instruction, pedagogy, and assessment.

(b) Non-traditional teacher preparation path providers will deliver training in coaching/mentoring for the Local Support Team (LST), which is to be comprised of a school-based administrator, school-based mentor/coach, a supervisor employed by the non-traditional preparation path provider, and a content specialist.

(c) Non-traditional teacher preparation path providers will assemble, for each candidate, an Individualized Induction Plan (IIP) – [see Definition 2.2, page ] – that is developed, monitored, and verified by signatures of the Local Support Team (LST).

(d) To help all students achieve Maine’s Learning Standards, all non-traditional teacher path participants will be required, by path completion, to demonstrate proficiencies in the Performance, Essential Knowledge, and Critical Dispositions elements associated with each of the ten (10) InTASC Core Teaching Standards (see Section: 2.1 Unit Standard One: Initial and In-Service Teacher Performance).

(e) The non-traditional teacher preparation path provider will assure that teacher candidates demonstrate proficiency in the key pedagogical content areas of: Preparation, Assessment, Engagement, Classroom Management, and Ethics.

2.1.23 Unit Standard One: Educator Preparation Course Delivery Standards

For programs that are state approved for the preparation of educator personnel the following quality standards are applicable to course delivery whether such courses are offered in a face-to-face, a hybrid/blended, an online, or a dual method mode. These standards focus upon quality assurance measures to be employed by Maine’s higher learning institutions with educator preparation programs. All courses need to incorporate a series of academic requirements, or benchmarks, that are designed to ensure that one has acquired the necessary skills, knowledge, and abilities to become an effective or a more effective educator. At each benchmark, one’s progress within a program leading to teacher certification will need to be evaluated using assessments that align with national and state professional standards. To guide the mastery and evaluation of core professional concepts and principles, the following educator preparation course standards are expected to be met by the unit.

Standards For Face-To-Face, Hybrid/Blended, Online, and Dual Method Courses

Course Design

The overall design and expectations of each course are made clear to students at the beginning of the course.

Students are informed on how to access course materials and resources.

Students are informed as to what prerequisite knowledge and skills they should have.

Students are informed of etiquette/”netiquette” expected within the classroom and with all electronic communication.

Students are informed of the importance of backing up artifacts.

Curriculum/Learning Objectives

Student performance objectives are clearly stated and have equivalent expectations for same courses whether delivered by a face-to-face, hybrid/blended or in an online format.

The performance objectives are clearly aligned with state standards.

The performance objectives are articulated within a scope and sequence so students are adequately prepared for the next level of study.

Assessments

Assignments and artifacts of student work are consistent with course activities and resources; they are sequenced, varied, and appropriate to the desired performance outcomes for the course.

The grading policy of the course is clearly stated.

The criteria regarding how students are to be evaluated are stated clearly and specifically.

Instructional Materials

The instructional materials are authentic, current and appropriately chosen for the level of the course.

The materials have sufficient breadth and depth and meet State standards.

The materials are of appropriate reading level, balanced and bias-free,

and properly cited.

Students understand the relationship between the materials and the learning activities.

Instructor Quality and Interactions

The instructor must have expertise in the content area being taught.

The instructor provides connections among course content, other curricular areas, and the real world.

The instructor monitors student work and discussions/postings on a regular basis.

The instructor provides appropriate and timely feedback, guidance and direction.

The instructor utilizes effective strategies, matched to the content being taught, including methods for supporting inquiry, analysis, and synthesis of content.

The instructor fosters meaningful interactions with students, among students, and between students and course materials to motivate students as well as to foster intellectual commitment and personal development.

Students know what to expect from their instructor.

Students know what kind of interaction is expected of them during the course.

Online Courses

Additionally, for online courses, the instructor has received appropriate training in online teaching that includes:

strategies for engaging and involving students in the online environment;

appropriate use of online “voice”;

use of the technology involved; and,

the ability to assess support systems available to students and instructors.

To clarify the 2.1.23 Unit Standard One: Course Delivery Standards as highlighted in the foregoing table, the course modality terms used have the following meanings:

Face-to-Face:

In face-to-face courses participants, instructors, and facilitators physically meet together in the same place and at the same time. This method is referred to as Synchronous Delivery. Face-to-face courses may also use web-based course materials that require basic computing skills, word processing, and internet searching.

Hybrid/Blended:

These terms are often used interchangeably but have slightly different meanings and modes of delivery.

Hybrid Course Delivery:

Hybrid courses present most of the course learning online with some on-campus instruction. The bulk of the learning takes place in an asynchronous online platform enriched by 1, 2 or more synchronous weekly, biweekly, or monthly meetings. This delivery method is intended for distance students, but may also have a synchronous component including an on-site meeting time for students within proximity of the campus and/or a video conferencing tool (Skype, GoToMeeting, Adobe Connect, and the like) in which to allow synchronous meeting times for off-campus students.

Blended Course Delivery:

Blended Learning describes courses that are presented mostly in a face-to-face setting and combine multiple approaches to learning. By use of synchronous and asynchronous elements, learning can be accomplished through the use of 'blended' virtual and physical resources, which can reduce “seat time” in the regular classroom. An example of this delivery mode would be a combination of technology-based materials and face-to-face sessions used together to deliver instruction.

Blended Course Delivery may incorporate the use of collaborated lists, blogs, podcasting, virtual meetings, teleconferences, and text-messaging. This delivery method is intended for use with on-campus students.

Online Course Delivery:

This term describes classes which are conducted completely online. It is also referred to as asynchronous because both the participants and instructors in the class are separated by time and place. The class is conducted with online curriculum, discussions and resources.

Dual Delivery Method:

In some programs, faculty deliver course content to students in both online and face-to-face formats in the same class. This delivery method serves two separate groups of students simultaneously (at a distance and on-campus) in two different modes of delivery – face to face and online. The students may be linked through technology to share content and to participate in Discussion Boards. This modality usually applies to substantially under-enrolled courses and is offered to enhance the curriculum of the college or university by including courses that might not otherwise be offered.

2.2 UNIT STANDARD TWO: Assessment System and Unit Evaluation

The unit has an assessment system that collects and analyzes data on the qualifications of applicants, the performance of candidates and graduates, and on unit operations to evaluate and improve the unit and its programs. The following indicators inform this standard.

The unit . . .

a) has developed an assessment system with its professional community that reflects the conceptual framework(s) and professional and state standards.

b) system includes a comprehensive and integrated set of evaluation measures that are used to monitor candidate performance and manage and improve operations and programs.

c) decisions about candidate performance are based on multiple assessments made at admission into programs, at appropriate transition points and at program completion.

d) assessments used to determine admission to, continuation in, and completion of programs are predictors of candidate success.

e) takes effective steps to eliminate sources of bias in performance assessments and works to establish the fairness, accuracy, and consistency of its assessment procedures.

f) maintains an assessment system that provides regular and comprehensive information on applicant qualifications, candidate proficiencies, competence of graduates, unit operations, and program quality.

g) collects data from applicants, candidates, recent graduates, faculty, and other members of the professional community using multiple assessments from internal and external sources.

h) regularly and systematically compiles, summarizes, and analyzes these data to improve candidate performance, program quality, and unit operations.

uses information technologies to maintain its assessment system.

j) regularly and systematically uses data, including candidate and graduate performance information, to evaluate the efficacy of its courses, programs, and clinical experiences.

k) analyzes program evaluation and performance assessment data to initiate changes where indicated.

l) shares candidate and faculty assessment data regularly with candidates and faculty respectively to help them reflect on their performance and improve it.

2.3 UNIT STANDARD THREE: Field Experiences and Clinical Practice

The unit and its school partners design, implement, and evaluate field experiences and clinical practice so that educator candidates and other school personnel develop and demonstrate the knowledge and skills necessary to help all students learn. In the redesign of educator preparation programs there is the expectation that an early, expanded, and on-going emphasis will be placed upon clinical practice experiences and that these experiences will become the norm. The following indicators inform this standard.

The unit . . .

its school partners, and other members of the professional community design, deliver, and evaluate field experiences and clinical practice to help candidates develop their knowledge and skills.

and its school partners jointly determine the specific placement of student teachers and interns for other professional roles to provide an appropriate learning experience.

c) provides field experiences that facilitate the candidates’ development as professional educators through observations in schools and other agencies, tutoring students, assisting teachers or other school personnel, attending school board meetings, and/or participating in education-related community events prior to clinical practice.

d) conceptual framework is reflected in the field experience and clinical practice. It helps candidates to develop their content, professional, and pedagogical knowledge and skills delineated in professional, state, and unit standards.

e) clinical practice expects candidates to use information technology to support teaching and learning.

f) clinical practice is sufficiently extensive and intensive for candidates to demonstrate competence in the professional roles for which they are preparing.

g) criteria for clinical faculty are clear and known to all of the involved parties.

h) clinical faculty are accomplished school professionals.

i) clinical faculty provide regular and continuing support for student teachers and other interns through such processes as observation, conferencing, group discussion, email, and the use of other technology.

j) provides entry and exit criteria for candidates in clinical practice.

k) employs assessments for clinical practice that are linked to candidate competencies.

l) employs multiple assessment strategies to evaluate candidates’ performance and impact on student learning.

m) collaborates with candidates, school faculty, and college or university faculty to conduct assessments of candidate performance throughout clinical practice.

n) allows time for reflection as well as feedback from peers and faculty within the field experience and clinical practice.

o) provides opportunities for candidates, through their field experiences and clinical practice, to develop and demonstrate the knowledge and skills to help students achieve Maine’s Learning Standards.

p) provides opportunities for all candidates to participate in field experiences or clinical practice that include students with exceptionalities and students from diverse ethnic, racial, gender, and socioeconomic groups.

q) provides opportunities for candidates to develop and demonstrate knowledge and skills in the use of educational technology within their field experiences and clinical practice.

2.4 UNIT STANDARD FOUR: Diversity

The unit designs, implements, and evaluates curriculum and experiences for candidates to acquire and apply the knowledge and skills necessary to help all students learn. These experiences include working with diverse higher education and school faculty, diverse candidates, and diverse students in P-12 schools. The following indicators inform this standard.

The unit . . .

a) curriculum and accompanying field experiences are designed to help candidates understand and address the importance of diversity in teaching and learning.

b) provides opportunities for candidates to learn to develop and teach lessons that highlight the significance of diversity and to develop a classroom and school climate that values diversity.

c) helps candidates become aware of different teaching and learning styles that are shaped by cultural influences and the candidates are able to adapt instruction and services appropriately for all students, including students with exceptionalities.

d) candidates demonstrate practices that value fairness and learning by all students.

e) assessments of candidate proficiencies provide data on the ability to help all students learn.

f) candidate assessment data are used to provide feedback to candidates for improving their knowledge and skills.

g) candidates interact in classroom settings on campus and in schools with professional education faculty, faculty from other units, and school faculty with diverse ethnic, racial, and gender groups.

h) faculty with whom candidates work in professional education classes and clinical practice have knowledge and experiences to prepare candidates to work with students with diverse abilities and cultural backgrounds, including students with exceptionalities.

i) affirms the value of diversity through persistent efforts to increase and retain faculty diversity.

j) candidates interact and work with candidates from diverse ethnic, racial, gender, and socioeconomic groups in professional education courses on campus and in schools.

k) candidates from diverse ethnic, racial, gender, and socioeconomic groups work together on committees and education projects related to education and the content areas.

l) affirms the value of diversity shown through persistent efforts made to increase or maintain candidate diversity.

m) designs field experiences or clinical practice for candidates in settings with exceptional populations and students from different ethnic, racial, gender, and socioeconomic groups so that candidates can develop and practice their knowledge and skills for working with all students.

n) encourages feedback from peers and supervisors to help candidates reflect on their ability to help all students learn.

UNIT STANDARD FIVE: Faculty Qualifications, Performance, and Development

Faculty are qualified and model best professional practices in scholarship, service, and teaching, including the assessment of their own effectiveness as related to candidate performance; they also collaborate with colleagues in the disciplines and schools. The unit systematically evaluates faculty performance and facilitates professional development. The following indicators inform the standard.

The unit . . .

a) education faculty have earned doctorates or have exceptional expertise that qualifies them for their assignments.

b) cooperating teachers are certified in the content fields that they teach or supervise and have a minimum of three years of effective teaching experience.

c) clinical faculty from higher education have contemporary professional experiences in school settings at the levels they supervise.

d) faculty have a deep and thorough understanding of the content they teach.

e) faculty’s teaching methodology reflects the unit’s conceptual framework, research and theories, as well as current developments in teaching and in faculty fields.

f) faculty’s teaching encourages candidates’ development of reflection, critical thinking, problem solving, and professional attitudes.

g) faculty use a variety of instructional strategies that reflect an understanding of different learning styles.

h) faculty members integrate Maine’s Learning Standards, the InTASC Core Teaching Standards, and as appropriate the ISLLC standards throughout their teaching.

i) faculty regularly and purposefully integrate technology into pedagogical practice in order to more effectively support teaching and learning for all students.

j) faculty assess their own effectiveness as teachers, including the positive effects they have on candidates’ learning and performance.

k) education faculty members demonstrate scholarly work in their fields of specialization.

l) faculty are engaged in different types of scholarly work, based in part on the unit’s mission.

m) faculty provides service to the college or university, school, and broader communities in ways that are consistent with the unit’s mission.

n) faculty are actively involved with the professional world of practice in P-12 schools.

o) faculty are actively involved in professional associations.

p) faculty provide education-related services at the local, state, national, or international levels.

q) education faculty collaborate regularly and systematically with colleagues in P-12 settings, faculty in other college or university units, and members of the broader professional community to improve teaching, candidate learning, and the preparation of educators.

r) conducts systematic and comprehensive evaluations of faculty teaching performance to enhance the competence and intellectual vitality of the education faculty.

s) uses evaluations of education-faculty to improve teaching, scholarship, and service of unit faculty.

t) provides opportunities for faculty to develop new knowledge and skills, especially as they relate to the conceptual framework, performance assessment, technology, and other emerging practices based upon needs identified in faculty evaluations.

2.6 UNIT STANDARD SIX: Unit Governance and Resources

The unit has the leadership, authority, budget, personnel, facilities, and resources, including information technology resources, for the preparation of candidates to meet professional, state, and unit standards. The following indicators inform this standard

The unit . . .

a) has the leadership and authority to plan, deliver, and operate coherent programs of study.

b) effectively manages or coordinates all programs so that their candidates are prepared to meet standards.

c) faculty who are involved in the preparation of educators, PK-12 practitioners, and other members of the professional community participate in program design, implementation, and evaluation of the unit and its programs.

d) provides a mechanism for and facilitates collaboration between unit faculty and faculty in other units of the institution involved in the preparation of educators.

e) receives sufficient budgetary allocations, 1) proportional to other units on campus or similar units at other campuses, and 2) to provide programs that prepare candidates to meet standards.

f) budget adequately supports both on-campus and clinical work essential for preparation of educators.

g) workload policies, including on-line and other remote course delivery, allow faculty members to be effectively engaged in teaching, scholarship, assessment, advisement, collaborative work in schools, and service.

h) faculty load per semester for teaching on campus and remotely generally does not exceed 12 hours for undergraduate teaching or 9 hours for graduate teaching.

i) faculty supervision of clinical practice does not generally exceed 18 candidates for each full-time equivalent faculty member.

j) makes appropriate use of full-time, part-time, and clinical faculty as well as graduate assistants so that program coherence and integrity are assured.

k) provides an adequate number of support personnel.

l) provides adequate resources and opportunities for professional development of faculty, including training in the use of technology.

m) has adequate campus and school facilities to support candidates in meeting standards.

n) facilities support faculty and candidate’s use of information technology in instruction.

o) allocates sufficient resources to all programs in amounts sufficient to assure the thorough preparation of candidates to successfully meet the standards unique to their respective fields.

p) provides adequate resources to develop and implement the unit’s assessment plan.

q) has adequate information technology resources to support faculty and candidates.

r) faculty and candidates have access both to sufficient and current library and curricular resources and electronic information.

SECTION 3: PROCEDURES FOR THE INITIAL REVIEW AND APPROVAL OF EDUCATOR PREPARATION PROGRAMS

These procedures are to be used with the standards found in Section 2, for the review and approval of programs preparing professionals for all categories of certification. “Educational personnel” encompasses all categories of professional personnel certified for service in Maine schools.

3.2 Educator Preparation Programs

A preparation program for educational personnel will meet the state-adopted standards and will allow an accredited degree-granting unit to recommend its graduates for certification. The applicant program will identify the professional roles for which the program is designed. The graduates recommended by the Dean or director of the program will receive certification which reflects the nature of their preparation and program recommendation.

Candidates who graduate from units without state approved programs, including alternate routes certification, shall access initial certification by the process of transcript analysis through recognized coursework status set forth in section 3.9 or upon graduation from programs accredited by nationally recognized accreditation agencies as set forth in section 3.8. Such units will work with Department personnel to move to approved program status.

All units preparing professional educators for certification, including alternate routes to certification, shall have approved programs. Program approval recommendation will be the avenue by which those persons who successfully complete the approved program will be recommended for certification in the appropriate categories for which the unit is approved.

3.3 Addressing Program Standards

a) The request for program approval should be directed to the Commissioner, who in turn will notify the State Board of Education of the intent to seek approval of a new or existing program. The request for initial program approval shall be made at least six four (4) months prior to the proposed on site inspection.

b) The request shall contain a brief and explicit description of the programs. The request shall be signed by the Executive Officer of the unit involved. Such signature shall be the assurance that the governing body of the applicant unit has approved the request for program approval. In the case of a consortium, the governing body of each unit, through the chief Executive Officer, shall indicate its approval of the program approval request. The request shall identify a program liaison person who will serve as the contact person and in a coordinating role for the request on behalf of the program.

3.4 Preparation of the Self Assessment

a) The unit shall address the program approval standards through a self assessment. The applicant will describe its goals and objectives within the program components and will identify the extent to which its goals and objectives have been achieved. The Program Approval Handbook will provide the applicant with additional information and guidance.

b) The self assessment shall provide information, evidence, and data descriptive of the request in terms of the six (6) program standards. The self assessment document may also include other relevant information and data as may be necessary to support the program request.

c) Innovative Practices. The unit shall work cooperatively with P-12 school administrative unit personnel in establishing technical assistance services for the implementation of innovative instructional practices for Maine’s Learning Results Standards the use of technology and innovative ways to address diverse populations. Those field experiences shall reflect the following:

1. Planned technical assistance is provided by the unit through local collaboratives which focus on curriculum, instruction, and staff development.

2. Comprehensive field-based programs are promoted in which the unit assists local schools with the implementation of innovative school improvement and development strategies.

3. The unit in collaboration with local schools conducts field-based research regularly. The focus of this activity is to promote effective practices in the classroom, building and district.

d) The unit shall have two (2) options by which the program approval visit will be conducted. The options are as follows:

On-Site Visit: The On-Site Review Team will consist of 4-5 team members, plus the MDOE consultant and a State Board of Education Observer. The size will depend on the context and complexity of each professional education unit.

An on-site visit by the State Board approved review team will commence mid-day on a Sunday and will end by mid-day on a Wednesday when the unit’s candidates and faculty will be on campus.

Prior to arrival on the unit’s campus the review team will read and weigh the unit’s self assessment against the applicable candidate and program standards contained in this rule.

During the on-site visit the review team will look to affirm that the unit meets the applicable standards and is committed to continuous improvement. This process will involve examination of the unit’s exhibits, as referenced in the self assessment document; individual and group interviews, both on-and-off-campus; observation of educator preparation classes; observation and interaction with candidates and cooperating teachers in clinical practice settings.

Through Team consensus building meetings it will be determined whether the unit has met the applicable standards.

During an Exit Conference the Team’s findings and next steps in the review process will be shared with unit representatives. With the exit conference the on-site visit is brought to a close.

The on-site review process, which will depend on the context and complexity of each professional education unit, is outlined below:

Schedule

Unit submits self study report

Initial: 4 months before the onsite visit

Renewal: 2 months before on-site visit

Review Team formed and State Board approved

Up to 1 month following submission of Unit’s self study

Pre-visit conducted with applicant Unit Head and other unit representatives

By Review Team Chair and Department’s liaison consultant 30 days prior to Review Team’s on-site visit

Review Team conducts on-site visit

Team visit from Sunday noon to late morning Wednesday when students, faculty, administration and cooperating teachers and administrators are available

Off-Site and On-Site Visit: Approved by the State Board to provide formative feedback to professional education units before the on-site visit, an Off-Site Team will review the Unit’s self assessment report, exhibits, Title II data, and appropriate other reports.

The Off-Site Review Team will consist of 4-5 team members, plus the MDOE consultant and a State Board of Education Observer. The size will depend on the context and complexity of each professional education unit. The Off-Site Review Team and the On-Site Review Team members will be the same throughout the review process.

The off-site review will be conducted electronically approximately 1-3 months after the Unit’s self study has been submitted to the Higher Education Specialist at the Maine Department of Education.

The electronic meeting of the Offsite Review Team will be conducted via conference call or some other medium. All team members must have access to the MDOE’s limited access site and the Unit’s electronic exhibits during the meeting. The meeting will be scheduled for four (4) hours and adjusted as needed for each review.

The Off-site Team will review the Unit’s self study and supporting evidence by standard and discusses areas of concern related to each standard.

The Unit head should be available to answer inquiries from the Offsite Review Team as needed during the team’s electronic meeting.

Off-Site Review Team Feedback Report

The Off-site Review Team will prepare a Feedback Report that provides the following information for the Unit as it prepares for its on-site visit. (The Unit will have the opportunity to respond to any areas of concern in a self study Addendum that should be available to the Onsite Review Team one to two months before the onsite visit.)

Statement about the evidence.

Does the evidence make the case that standards continue to be met?

ii. What, if any, key evidence was not available to the Team?

Comments on the Unit’s progress toward meeting the target level on one or more standards.

Feedback on correcting previous areas for improvements.

List of areas of concern related to continuing to meet a standard.

List of evidence for the On-site Review Team to validate during the onsite visit.

The Off-Site, On-Site review process, which will depend on the context and complexity of each professional education unit, is outlined below:

Schedule

Unit submits Self Study Report

6 months before the onsite visit

Offsite Review Team meets electronically

1-3 months after Unit’s Self Study is submitted

Review Team’s Feedback Report is posted on MDOE (available on limited access site)

Generally within 1-2 weeks after Offsite Review Team meeting

Unit submits self study Addendum, which responds to the Review Team’s Feedback Report

On-site pre-visit with the Review Team Chair and the MDOE consultant - 30 days before the onsite visit, self study Addendum must be available

Review Team conducts on-site visit

Team visit from Sunday noon to late morning Tuesday - students, faculty, administration, cooperating teachers and administrators must be available

Staff Support to the Offsite Review Team

The MDOE consultant will provide Offsite Review Teams advice, give guidance, and explain how other teams have handled similar situations.

The MDOE consultant may provide additional information to the Offsite Review Team, including explanations of problems related to standards that a Unit may be experiencing.

Training of Offsite Review Team Members

Review Team members will receive appropriate training on the process which may include web seminars.

3.5 Identification and Preparation of the Visitation Team

a) The Commissioner shall select the Review Team members and shall submit these names to the unit for its approval to ensure that no selected member presents a conflict of interests. The list of potential members of a visitation team shall be submitted to the State Board for approval prior to the visitation. The size of the team will depend on the context and complexity of each professional education unit. For each program approval visit a member of the State Board of Education will be designated by the Board Chair to serve on the review team as a Board Observer. Team membership shall be broadly representative of those areas affected by the program and shall include one or more classroom teachers, when possible, and one or more education faculty members. Team members will receive training appropriate to the conduct of their role.

b) The Review Team chair, shall be designated by the Commissioner and approved by the State Board. The Review Team chairperson and the Department liaison person shall ensure that team members have the materials necessary to conduct the review.

c) Before the on-site visit, the Department shall conduct a preliminary visit to:

1. gain information about the program so that the assignments of team members can be made;

2. develop a schedule identifying the major commitments, interviews, and team meetings

3. request work space and equipment; and

4. set the dates of the visitation with the number of days based upon the scope of the request. The duration of each visit will be appropriate to the size of the unit.

3.6 The Team Visitation

The purpose of the visitation is to review the self assessment document in the context of the six standards and develop the information and database upon which a team recommendation of approval status can be made to the State Board of Education. Information and data for the review and in support of the recommendations are to be developed through the interviews, study of facilities, curricula and other relevant reports and information, and observations the team members make during the visitation. A Summary Review session shall be conducted with team members and program staff members present so that both parties are aware of the conclusions that have been reached and the approval status to be recommended to the State Board of Education by the team. It is also an opportunity for both program staff and team members to question and to identify any items which should be the subject of some further clarification and to identify the specific steps which should be completed before the Chairperson drafts the final team report.

3.7 The Team Report

a) Following completion of the visitation, it is the responsibility of the chairp to write a draft of the final team report and share it with the team members for comment and suggestions. The chair shall send a copy of the final draft of the team report to the applicant unit for only corrections of factual errors.

b) The final team report shall respond to each of the six (6) program standards. Each of the six (6) sections shall be organized into two sub-sections.

1. a sub-section narrative which identifies the validation activities and observations of the team members with reference to the specific areas of the self assessment validated and/or not validated; and

2. a sub-section which identifies specific program commendations and the recommendations governing program adjustments and program modifications in accordance with the State Program Approval Standards and in the context of the self assessment.

The final section of the report shall contain a specific team recommendation as to the approval status to be recommended by the team to the State Board of Education.

The final team report shall be completed by the chairp within 60 days of the conclusion of the visitation. Upon completion of the final team report, copies will be furnished to the director of the applicant program, to the Commissioner and to the members of the team.

3.8 Joint Program Approval

In lieu of meeting the standards for approval contained in Standards two (2) through six (6), in Section 2 of this rule, preparation programs may obtain approval for purposes of Maine Department of Education Regulation 115 under the following circumstances:

a) The applicant unit is nationally accredited by the National Council for the Accreditation of Teacher Education (NCATE), the Teacher Education Accreditation Council (TEAC), or the Council for the Accreditation of Educator Preparation (CAEP).

b) The applicant is accredited by another national accrediting agency that is recognized by the U. S. Department of Education and whose standards have been approved by the State Board of Education. The method of State participation includes the following:

c) A joint visitation by State representatives and the accrediting authority will provide the basis for decisions of both state program approval and national accreditation. This process will result in a recommendation to the State Board and a report to the accrediting authority.

The State Board policies establishing team composition and procedures are:

use team members selected by the Commissioner and approved by the unit ensuring that no team members present a conflict of interest. These team members shall be submitted to and approved by the Board prior to visitation;

use team members who are broadly representative of those areas affected by the program and shall in all cases include one or more classroom teachers, when possible, and one or more education faculty members;

use team members who have been trained and have knowledge of the process of program evaluation according to State Board and accrediting authority standards

seek to achieve a balance in committee membership to include representatives from units of higher education, public schools, state education agencies, subject matter personnel and practitioners; and

assign appropriate and adequate teams for the size of the unit, the scope and the tasks necessary.

Each State team member and State team chair will be approved by both the State Board and the accrediting authority.

The State team members will be trained in the application of the accrediting authority unit Standards and accrediting authority team members will be trained in the application of the State Board standards set forth in standards one (1) through six (6 ) of Section 2 of this rule.

3. The curriculum for educators must be in compliance with Maine Department of Education Regulation 115.

4. Upon completion of the visitation, the joint team shall send the Department full copies of all reports issued by it to the unit under review, plus any response submitted by the unit, any rejoinder by the joint team, and any further reports and correspondence relating to the merits of the review;

f) The Commissioner shall forward the materials received from the joint team to the State Board along with a recommended disposition. On the basis of the documents and information received from the Commissioner, and any other pertinent information, the State Board shall approve, approve with conditions, or deny approval to a preparation program. This final decision rests solely with the State Board.

3.9 Recognized Coursework Status

Coursework taken at a unit not approved under this rule may be recognized for purposes of certification by individual evaluation under Maine Department of Education Regulation 115 if:

a) The unit is accredited pursuant to Maine Department of Education Regulation 115; and

b) The unit has demonstrated compliance with Subsection 2 (Standard 2.1 Initial Teacher Candidate Performance, Standard 2.3 – Field Experiences and Clinical Practice, Standard 2.5 – Faculty Qualifications, Performance and Development, Standard 2.6 – Unit Governance and Resources) with respect to each certificate as to which recognized coursework status is sought. Evidence of compliance submitted by the unit shall be reviewed by the Department liaison person rather than by a visitation team as provided in section 3.2 of this rule. However, the Commissioner’s designee, with the assistance of such additional personnel as is required, may visit the unit to review the evidence submitted.

3.10 Introduction of New Programs and/or Major Revisions to Existing Programs

Units with approved programs may seek approval for new programs or for major revisions to existing programs during the term of an approval cycle. The procedures for seeking approval in either situation are as follows:

a) Introduction of new programs. In the event that a unit introduces a new program,

. . . (in an application for State program approval) the unit shall provide documentation that the new program demonstrates compliance with Subsection 2 (Standard 2.1 – Initial Teacher (Educator) Candidate Performance, Standard 2.3 – Field Experiences and Clinical Practice, Standard 2.5 – Faculty Qualifications, Performance and Development, Standard 2.6 – Unit Governance and Resources) with respect to each endorsement and/or certificate as to which approval is sought.

Evidence of compliance shall be reviewed by the Commissioner’s designee rather than by a visitation team as provided in section 3.2 of this rule. However, the Commissioner’s designee, with the assistance of such additional personnel as are required, may visit the unit to review the evidence submitted.

b) Major revisions to existing approved programs. In the event that a unit makes major revisions to an existing approved program the unit shall provide documentation that the program revisions are in compliance with the standards utilized for the current approval status. Evidence of compliance shall be reviewed by the Department liaison person rather than by a visitation team as provided in section 3.2 of this rule. However, the Department liaison person, with the assistance of such additional personnel as (s)he requires, may visit the institute to review the evidence submitted.

3.11 Action by the State Board of Education

The Commissioner shall direct the preparation of the State Board of Education presentation on the unit’s request. The presentation shall include the self assessment document for initial approval or the Status Report for renewal, the final Review Team report and any supplemental information and evidence relevant to the applicant program. The review Team chairperson and the unit liaison person, or their designees, shall represent the Review Team at the State Board of Education meetings and hearings relevant to approval.

b) The applicant program may file with the Review Team chairperson and the Commissioner additional information or a clarifying statement with reference to the Review Team report and its recommendations at least fifteen (15) days prior to the action of the State Board of Education on the request.

c) Final action of the State Board of Education shall be based upon submission and review of the program approval request, the self assessment document and the final Review Team report, included in the Presentation described in Section 3.7 (a), above.

d) Approval shall be granted by the State Board of Education in one of the following categories:

Seven (7) year approval. To be approved in this category the unit must be nationally accredited by NCATE (the National Council for the Accreditation of Teacher Education); by TEAC (the Teacher Education Accreditation Council); by the Council for Accreditation of Educator Preparation (CAEP); or any successor national accrediting entity that is recognized by the US Secretary of Education. [In the prior version of Chapter 114 this item appeared as 2) – it has been moved to 1].

Five (5) year approval. If approved in this category, the unit must submit an annual program update, not to exceed five (5) pages, summarizing yearly data, changes, additions and deletions using a template provided by the Department. This update must be submitted by April 7th of each calendar year. [In the prior version of Chapter 114 this item appeared as 1) – it has been moved to 2].

3. Two (2) year approval. If approved in this category, the unit must submit a report, which addresses the weaknesses identified in the Team Report the date to be determined by the Board, that addresses the standard(s) found to be in need of improvement in the Review Team Report. The Interim Report will serve as the basis for either: full program approval or a re-visit by the Review Team to determine eligibility for full program approval status. Depending upon the severity and/or the continuation of the weaknesses identified in the Interim Report, a conditionally approved unit may be required to develop and submit a full self assessment before a re-visit by a Review Team is conducted. The unit report will serve as the basis for the Board’s decision to extend the current approval period to five years or to determine whether a re-visit to the unit needs to be conducted by a Board approved review team.

4. Approval denied for cause. Units denied approval may not reapply for one year following such action by the State Board of Education.

e) Requests for extensions for existing approval, due to extraordinary circumstances, may be granted at the discretion of the State Board of Education; however, such extensions shall not extend the date when the subsequent approval is due. The Board will only consider such requests in emergency situations.

Annual Program Update

Approved programs must submit an annual program update to the Commissioner by April 7th of each year. The program update should not exceed five (5) pages in length and will summarize yearly data, changes, additions, trends and deletions. The program update is to be submitted on forms provided by the Department.

3.13 Savings Clause

a) Programs. All programs approved by the State Board of Education shall retain their approved status until expiration of the approval or accreditation cycle currently in effect except when conditions warrant reconsideration of prior approval. These conditions include discontinuance of instruction or designation as a low-performing program.

b) Students. Students matriculated in an approved program are eligible upon graduation to apply for initial certification under Maine Department of Education Regulation 115 as long as the program remains approved at time of graduation.

3.14 Costs Supported by the Department of Education

The following costs of the program approval process shall be the responsibility of the Department of Education:

The expenses required to create, maintain, administer, and train a cadre of State Board approved qualified individuals to serve on Review Teams.

3.15 Costs Supported by the Unit

In addition to all materials preparation and documentation costs, the following costs of the program approval process shall be the responsibility of the unit:

a) Travel, meals, and overnight expenses of the members of the Review Teams in accordance with the same guidelines as apply to the unit;

On-site costs of secretarial and clerical help to be used for activities related to the review such as: photocopying, faxing and other related services.

Travel and overnight expenses of the State Board Observer will be covered by the State Board of Education.

3.16 Appeals

The applicant unit has three appeal routes:

1. Administrative - Procedural Appeal

At any point through the completion of the final Review Team report, the applicant unit may file an appeal of any procedural matter governed by sections 3.4, 3.5, 3.6 and 3.7 of this rule in writing directly to the Commissioner of Education. Such appeal must be made within five (5) days of the time of the action in question. At the discretion of the Commissioner, the processing of the request for approval may be delayed pending resolution of the issue in question.

When the processing is delayed, every effort shall be made to resolve the question within ten (10) days. In all cases, requests and decisions must be made in writing but in no case shall any procedural appeal be made a part of the report for action by the State Board of Education except at the request of the applicant unit.

2. Substantive Review

In cases when the applicant unit wishes to question formally the recommendation(s) of the Review Team prior to action of the State Board of Education, it may do so by filing a description of its concern. The applicant unit must indicate its intent to take this action within ten (10) days of the receipt of the final Review Team report and have its description of concern on file with the Department within fifteen (15) days of the statement of intent. All such information then becomes a part of the record for review by the State Board of Education.

Appeal of State Board of Education Action

The applicant unit may, in all cases when it does not accept the action of the State Board of Education, request a hearing before the State Board of Education at which time any new or additional information and evidence may be presented for the consideration of the Board. The State Board of Education shall then take action again on the request in one of the three approval categories as described in Section 3.11 (d, 1-4 of this rule), and such action will constitute final agency action.

SECTION 4: PROCEDURES FOR RENEWAL OF PRIOR PROGRAM APPROVAL

4.1 Overview

As educators prepare for renewal of a prior approved program, they are encouraged to view the relationship with staff of the Department of Education as one of partnership. Both unit representatives and departmental staff have a shared interest in assuring quality programs that are successful in the development of highly qualified educator candidates.

4.2 Request for Renewal - The Status Report

A request for renewal of a prior program approval must be initiated with the Commissioner at least six (6) months prior to the site visit by a Review Team. The unit must develop and submit to the Commissioner a Status Report that may not exceed twenty-five (25) pages in length (including plus electronic appendices). The Status Report must clearly demonstrate that the teacher education unit continues to meet the performance-based unit and program standards. The Status Report must address unit capacity, compliance with state priorities and initiatives, and changes that have occurred since prior approval.

A unit preparing for continuation of prior program approval must include an overview of its conceptual framework in the application for renewal in accordance with Section 2 of this rule. This overview must include a description of the framework(s), its development, and changes since the previous visit, including the relationship of these changes to updated standards and assessments of the unit, to the profession, and/or to new state initiatives. The unit must also report on any evaluations of the conceptual framework(s) and resulting changes in the application materials.

4.3 Site Visit by Review Team

A Review Team, approved by the State Board of Education, will conduct a site visit, not to exceed three (3) days except by agreement of the parties, for the purpose of verifying the conditions set forth in the Status Report. The Team Report must contain the Review Team's findings and recommendation(s) to the Board on continued program approval.

4.4 Action by the State Board of Education

Approval by the State Board of Education may be in any one of the following categories:

Seven (7) year approval. To be approved in this category the unit must be nationally accredited by NCATE (the National Council for the Accreditation of Teacher Education); by TEAC (the Teacher Education Accreditation Council); by the Council for Accreditation of Educator Preparation (CAEP); or any successor national accrediting entity that is recognized by the US Secretary of Education. [In the prior version of Chapter 114 this item appeared as 2) – it has been moved to 1].

Five (5) year approval. If approved in this category, the unit must submit an annual program update, not to exceed five (5) pages, summarizing yearly data, changes, additions and deletions using a template provided by the Department. This update must be submitted by April 7th of each calendar year. [In the prior version of Chapter 114 this item appeared as 1) – it has been moved to 2].

Two (2) year approval. If approved in this category, the unit must submit a report, which addresses the weaknesses identified in the Team Report the date to be determined by the Board, that addresses the standard(s) found to be in need of improvement in the Review Team Report. The Interim Report will serve as the basis for either: full program approval or a re-visit by the Review Team to determine eligibility for full program approval status. Depending upon the severity and/or the continuation of the weaknesses identified in the Interim Report, a conditionally approved unit may be required to develop and submit a full self assessment before a re-visit by a Review Team is conducted. The unit report will serve as the basis for the Board’s decision to extend the current approval period to five years or to determine whether a re-visit to the unit needs to be conducted by a Board approved review team.

4. Approval denied for cause. Units denied approval may not reapply for one year following such action by the State Board of Education.

4.5 Appeals

The applicant unit has three appeal routes:

1. Administrative - Procedural Appeal

At any point through the completion of the final Review Team report, the applicant unit may file an appeal of any procedural matter governed by sections 3.4, 3.5, 3.6 and 3.7 of this rule in writing directly to the Commissioner of Education. Such appeal must be made within five (5) days of the time of the action in question. At the discretion of the Commissioner, the request for approval process may be delayed In such cases when a delay is necessary, every effort shall be made to resolve the question within ten (10) days. In all cases, requests and decisions must be made in writing but in no case shall any procedural appeal be made a part of the report for action by the State Board of Education except at the request of the applicant unit.

2. Substantive Review

In cases when the applicant unit wishes to question formally the recommendation(s) of the Review Team prior to action of the State Board of Education, it may do so by filing a description of its concern. The applicant unit must indicate its intent to take this action within ten (10) days of the receipt of the final Review Team report and have its description of concern on file with the Department within fifteen (15) days of the statement of intent. All such information then becomes a part of the record for review by the State Board of Education.

3. Appeal of State Board of Education Action

The applicant unit may, in all cases when it does not accept the action of the State Board of Education, request a hearing before the State Board of Education at which time any new or additional information and evidence may be presented for the consideration of the Board. The State Board of Education shall then take action again on the request in one of the three approval categories as described in Section 3.11 (d, 1-4 of this rule), and such action will constitute final agency action.

History

• STATUTORY AUTHORITY: 20-A M.R.S.A. Sections 8, 402(4), 405(3)(F) and 406
• EFFECTIVE DATE: Section 1 - May 20, 1976 (filed October 13, 1978)
• EFFECTIVE DATE: Section 2 - June 8, 1977 (filed October 13, 1978)
• EFFECTIVE DATE: Section 3A - July 8, 1976 (filed October 13, 1978)
• EFFECTIVE DATE: Section 3B - September 17, 1975 (filed April 26, 1979)
• AMENDED: August 6, 1979 - Section 3B
• AMENDED: December 20, 1979 - Section 3
• AMENDED: October 20, 1981 - Section 2
• AMENDED: April 24, 1988 - Section 3
• AMENDED: February 6, 1990 - Sections 1-3
• AMENDED: July 1, 1991
• EFFECTIVE DATE (ELECTRONIC CONVERSION): May 19, 1996
• AMENDED: March 4, 2002 - all sections
• ELECTRONIC CONVERSION: May 19, 1996
• AMENDED: May 3, 2006 – filing 2006-164 – all sections
• AMENDED: September 15, 2012 – filing 2012-261
• AMENDED: 100

Chapter 117 Rule Regarding the Duties of School Counselors and School Social Workers

Code Me. R. 05-071 Ch. 117 Rule Regarding the Duties of School Counselors {#sec-05-071-ch.-117 omnilex-key=us-me-regs-official--dept-education-and-state-board-education--05-071 Ch. 117}

AND SCHOOL SOCIAL WORKERS

Summary: Chapter 117 outlines standards for the professional qualifications and duties of school counselors and school social workers; including appropriate roles, and use of time.

SECTION 1: policy and purpose

Pursuant to 20-A MRSA §4008-A, this rule establishes standards for the duties of school counselors and school social workers employed by Maine schools.

SECTION 2: definitions

Clinical Practice is a specialty area which focuses on the assessment, diagnosis, treatment, and prevention of mental illness, emotional, and other behavioral disturbances. Individual, group and family therapy are common treatment modalities. Providers of these services are required to be licensed or certified at the clinical level in the State of Maine.

Comprehensive School Counseling Program (CSCP) otherwise known as a comprehensive guidance plan, is designed and implemented by a school counselor through a collaborative effort with families, community stakeholders and other educators, to create an environment resulting in a positive impact on student achievement. A CSCP is required as part of the school approval process and a model CSCP had been approved by the State of Maine Department of Education. 20-A MRSA §4502(5)(H)

Direct Services mean in-person interactions between a school counselor or school social worker and students that are within the scope of the duties of a school counselor or school social worker as established by the department by Section 4(B) and (C) of the rule. 20-A MRSA §4008-A(1)(A)

Indirect Services are provided by a school counselor or school social worker on behalf of students as a result of a school counselor's or school social worker's interactions with the students and others that are within the scope of the duties of a school counselor or school social worker as established by the department by Section 4(B) and (C) of the rule.

Non-Clinical Practice includes a broad range of support approaches, that do not involve diagnosis and treatment, and are employed to enhance positive educational experiences. These approaches may involve, but are not limited to, work with students, families, school personnel, and community resources.

Privileged Communication means A school counselor or school social worker may not be required, except as provided by 20-A MRSA §4008(3), to divulge or release information gathered during a counseling relation with a client or with the parent, guardian or a person or agency having legal custody of a minor client. A counseling relation and the information resulting from it shall be kept confidential consistent with the professional obligations of the counselor or social worker.

School Counselor as defined by 20-A MRSA §4008(1)(B), is a person who is employed as a school counselor, in a school setting and who:

1. Is certified as a school counselor by the department; or
2. Possesses a minimum of a master's degree in an approved program in guidance and counseling.

School Social Worker as defined by 20-A MRSA §4008(1)(C), is a person who is employed as a school social worker, in a school setting and who:

1. Is licensed as a social worker by the State Board of Social Worker Licensure; or
2. Possesses a bachelor's degree and has been granted a conditional license from the State Board of Social Worker Licensure.

SECTION 3: School counselors

School counselors in Maine are highly educated, professionally certified individuals who help students succeed in school and transition to meet postgraduate goals. The position of school counselor is defined in state statute and included in the Maine Essential Programs and Services funding formula under the “guidance/social work matrix.” An integral part of the total education system, school counselors are specifically prepared and certified to work in schools at the elementary, middle, and high school levels and help all students form healthy goals, mindsets, and behaviors. With the aid of a school counselor, students learn to develop effective collaboration and cooperation skills, to practice perseverance, to develop time management and study skills, and to learn self-motivation and self-direction habits. School counselors are instrumental in furthering the mission of schools to provide a safe, equitable setting for teaching, learning, and for the attainment of competence and confidence.

State Certification

Under the rules of the State Board of Education, Chapter 115(1)(12), professionals who meet eligibility requirements receive 075 School Counselor certification or conditional certification from the Department of Education.

Duties

The list below reflects broad categories of some appropriate duties for school counselors. A school counselor may engage in some, or many of these roles, as determined by the need of the school or school administrative unit. This list is not exhaustive, and should not be limiting to the position:

1. Administer a Comprehensive School Counseling Program;
2. Academic Guidance;
3. Prevention and Intervention Supports;
4. Professional Development and Support;
5. Leadership Team and/or Clinical Team Member;
6. Mental and Behavioral Health Supports;
7. Family and Community Engagement.

Use of Time

Each school counselor shall spend at least 80% of their time providing indirect and direct services on behalf of students. 20-A MRSA §4008-A(2)

SECTION 4: School Social Workers

School social work is a specialized area of practice within the broad field of the social work profession. The position of school social worker is defined in state statute and included in the Maine Essential Programs and Services funding formula under the “guidance/social work matrix.” School social workers in Maine bring unique knowledge and skills to the school system and the student services team and enhance the district's ability to meet its academic mission, especially where home, school and community collaboration is the key to achieving student success. School social workers who are clinically licensed, are highly educated mental health professionals who can assist with mental health concerns, behavioral concerns, positive behavioral support, academic, and classroom support, consultation with teachers, parents, and administrators as well as provide mental health evaluation, assessment, and treatment, including individual, group, and family therapy. School social workers are instrumental in furthering the mission of the schools to provide a safe, equitable setting for teaching, learning, and for the attainment of competence and confidence. ​

Maine State Licensure

A school social worker is not certified by the Department of Education, but instead is qualified through licensure from the Maine State Board of Social Work Licensure. Under statute 20-A MRSA §4008(1)(C), any Maine state social work license qualifies for a school social work position, however the different types of social work licensure prescribe specific scopes of practice allowed under each license. Social Work licensures generally fall into two basic categories, non-clinical practice, and clinical practice.

Duties

The lists below reflect categories of some appropriate duties for school social workers. A school social worker may engage in some or many of these roles, as determined by the need of the school or school administrative unit and under the scope of their state licensure. This list is not exhaustive and should not be limiting to the position:

1. Non-Clinical School Social Work Duties 1. Prevention and Intervention Supports; 2. Professional Development and Support; 3. Leadership Team Member; 4. Family and Community Engagement; 5. Research and Data Assessment; 6. Student Case Management.

2. Clinical School Social Work Duties 1. All non-clinical duties from Section 4(B)1 above; 2. Clinical Team Member; 3. Mental and Behavioral Health Support and Intervention; 4. Crisis Assessment, Planning, and Intervention; 5. Mental Health Evaluation and Treatment.

Scope of Social Work Practice by State Licensure

In Maine, the professional practice of social work is prescribed by the level of state license. The scopes of practice listed below are not determined by this rule but are only dictated by the Maine State Board of Social Work Licensure and based on statute.

1. Non-Clinical Social Work Scope of Practice by State Licensure 1. Licensed Social Worker (LSW) 32 MRSA § 7053-A(4)

Under 32 MRSA §7053-A(4) a LSW may:

• • 1. Engage in psychosocial evaluation, excluding the diagnosis and treatment of mental illness, and conduct basic data gathering of records and specific life issues of individuals, groups and families, assess this data and formulate and implement a plan to achieve specific goals related to specific life issues; 2. Serve as an advocate for clients or groups of clients for the purpose of achieving specific goals relating to specific life issues; 3. Refer clients to other professional services; 4. Plan, manage, direct or coordinate social services; and 5. Participate in training and education of social work students from an accredited institution or an educational institution in candidacy for accreditation with the Council on Social Work Education or a successor or other organization approved by the board and supervise other licensed social workers.
• 1. Licensed Social Worker, Conditional (LSX) 32 MRSA § 7053-(3) indicates the licensee is completing a required internship period under certain conditions to progress to another level of licensure. A licensee must be licensed at this level while accruing required internship experience. This is an entry level requiring a Bachelor's degree that is sufficiently related to social work or social welfare and a LSX conditional must obtain four hours per month of supervision.

A LSX may:

• • 1. Conduct basic data gathering of records and specific life issues of individuals, groups, couples and families; assess the above data, 2. Formulate and implement a plan to achieve specific goals related to specific life issues; 3. Serve as an advocate for clients or groups of clients for the purpose of achieving specific goals relating to specific life issues; 4. Refer clients to other professional services; 5. Plan, manage, direct or coordinate social services.
• 1. Licensed Master Social Worker (LMSW) 32 MRSA §7053-A(1)

Under 32 MRSA §7053-A(1) a LMSW may:

• • 1. Perform all functions of the LSW License; 2. Engage in administration, research, consultation, social planning and teaching related to the functions of social work; 3. Engage in non-clinical private practice; 4. Provide consultation required by the LSW and LSW Conditional Licenses.

1. Clinical Social Work Scope of Practice by State Licensure 1. Licensed Clinical Social Worker (LCSW) 32 MRSA §7053-A(2)

Under 32 MRSA §7053-A(2) a LCSW may:

• • 1. Practice social work in a clinical setting without consultation; 2. Engage in psychosocial evaluation, including diagnosis and treatment of mental illness and emotional disorders; 3. Engage in clinical private practice of social work; 4. Perform all the functions of a licensed master social worker; and 5. Engage in the clinical consultation of licensed master social workers for the purpose of preparing the licensed master social worker for eventual licensed clinical social workers' status or regular licensure. This includes responsibility for ongoing training and evaluation. The licensed clinical social worker has an obligation to assess the licensed master social worker's competence and ethics and share this assessment with the Board of Social Worker Licensure at the time the licensed master social worker applies for the licensed clinical level.
• 1. Licensed Master Social Worker, Conditional Clinical (LMSW-cc) 32 MRSA §7053-A(1) This license is for Master Social Workers who are engaged in clinical practice who have not yet completed the consultation hours required for LCSW (independent licensure).

A LMSW-cc may:

• • 1. Perform all functions of the LMSW license; 2. Engage in psychosocial evaluation, including diagnosis and treatment of mental illness and emotional disorders, with required consultation; 3. Provide clinical consultation to LSWs, Social Work students, other professionals practicing related professions and paraprofessionals engaging in related activities; 4. A LMSW-cc must receive four (4) hours a month of consultation (no more than 25% in a group setting) by a LCSW while practicing social work in a clinical setting. A LMSW-cc may not engage in private clinical practice unless permitted under 32 MRSA§7053(1).

Use of Time

Each school social worker shall spend at least 80% of their time providing indirect and direct services on behalf of students. 20-A MRSA §4008-A(2)

History

• STATUTORY AUTHORITY: Title 20-A MRSA §4008-A(3)
• EFFECTIVE DATE: December 9, 2023 – filing 2023-229
• EFFECTIVE DATE: .

Chapter 119 Adjudicatory Proceedings on Certification Issues

Code Me. R. 05-071 Ch. 119 Adjudicatory Proceedings on Certification Issues {#sec-05-071-ch.-119 omnilex-key=us-me-regs-official--dept-education-and-state-board-education--05-071 Ch. 119}

SUMMARY: This rule describes the procedures for the conduct of formal adjudicatory hearings pertaining to applications for the issuance or renewal of any certificate or endorsement which has been tentatively denied by the Commissioner.

1. INTRODUCTION

1.1 Definitions

As used in this rule, all terms have the same meaning as those same terms in the Maine Administrative Procedure Act, 5 MRSA Chapter 375. Other terms are defined as follows:

Adjudicatory proceeding - An administrative proceeding before the Department of Education in which the legal rights, duties, or privileges of specifically named persons are required by constitutional right, by provision of law or by rule to be determined.

Commissioner - The Commissioner of Education or a designee.

Department - The Department of Education.

Party - The specifically named applicant whose legal rights, duties or privileges are being determined in an adjudicatory proceeding and any other person(s) allowed to intervene.

1.2 Scope of Rule

This rule shall govern administrative proceedings in which an applicant who has been tentatively denied the issuance, renewal or extension of a certificate authorized under 20-A MRSA Chapter 502 (certification of educational personnel) appeals that tentative denial to the Commissioner.

1.3 Existing Certificate in Effect Pending Final Determination

Except as otherwise provided by law, when an applicant has made timely and sufficient application for renewal of a certificate, the existing certificate shall not expire until the application has been finally determined by the Commissioner.

2. NOTICE OF HEARING

2.1 Notice of opportunity for Hearing

The Department shall notify, in writing, any person whose application for the issuance, renewal or extension of a certificate authorized by 20-A MRSA Chapter 502 has been tentatively denied by the Commissioner. The notice shall state the reasons for the tentative denial and give notice of opportunity for an adjudicatory hearing as set forth in section 2.4. The notice shall inform the applicant of the right to contest the tentative denial by filing a petition for adjudicatory proceeding under section 3.1 within 30 days of the date of the notice. The notice shall further inform the applicant that if a petition for adjudicatory proceeding is not timely filed, the tentative denial shall automatically become final upon expiration of the filing deadline.

2.2 Notice of Hearing

Upon receiving a petition for adjudicatory proceeding under section 3.1, the Department shall provide written notice to the applicant, the superintendent of the employing school unit and the local support system. Such written notice shall be provided at least 15 days prior to hearing.

2.3 Notice to Public

In any proceeding deemed by the Commissioner to involve the determination of issues of substantial public interest, notice of hearing shall be sent to the public as required by 5 MRSA §8053-9052.

2.4 Contents of Notice

To the extent applicable, notices of opportunity for hearing and notices of hearing shall contain the following information:

(a) A statement of the legal authority and jurisdiction under which the proceeding is being conducted,

(b) A reference to the particular statutory and rule provisions involved,

(c) A short and plain statement of the nature and purpose of the proceeding and of the issues to be determined,

(d) A statement of the time and place of the hearing, or the time within which a hearing may be requested,

(e) A statement of the manner and time within which evidence and argument may be submitted to the Department for consideration, whether or not a hearing has been set, and

(f) When a hearing has been set, a statement of the manner and time within which applications for intervention may be filed.

3. INITIATION OF PROCEEDINGS

3.1 Petition for Adjudicatory Proceeding

Any person whose application for the issuance, renewal or extension of a certificate authorized by 20-A MRSA Chapter 502 has been tentatively denied by the Commissioner may initiate an adjudicatory proceeding by filing a written petition with the Department within 30 days of the date of the notice of opportunity for hearing.

3.2 Format

The petition shall state clearly and concisely the facts which are grounds for contesting the tentative denial and which establish the applicant's claim of entitlement to a certificate.

4. HEARING OFFICER

4.1 Appointment; Role

Upon the filing of a petition for adjudicatory proceeding the Commissioner shall appoint a hearing officer to conduct a hearing and to prepare proposed findings of fact and conclusions of law. If appointed from within the Department, the hearing officer shall be from a sub-team unit of the Department which is completely separate from any person involved in the certification or investigatory process. The hearing officer may be appointed from outside the Department and may also be a person who serves on special contract to the Department for that function.

4.2 Ex Parte Communications

The hearing officer shall not communicate directly or indirectly in connection with any issue of fact, law or procedure, with any party or other persons legally interested in the outcome of the proceeding, except upon notice and opportunity for all parties to participate.

This section shall not prohibit the hearing officer from having the aid or advice of agency staff, counsel or consultants retained by the Department who have not participated and will not participate in the proceeding in an advocate or adversarial capacity.

4.3 Duties of the Hearing Officer

The hearing officer shall:

a) Administer oaths or affirmations to all witnesses who testify,

b) Receive, exclude or limit the admissibility of evidence,

c) Ensure an orderly presentation of the evidence,

d) Ensure that all parties have a full opportunity to present their claims,

e) Regulate the course of the hearing, set the time and place for continuation of hearings, and fix the time for filing of evidence, briefs, and other written submissions.

4.4 Other Powers of the Hearing Officer

The hearing officer may:

a) Limit attendance at the hearing to the extent allowed by law,

b) Change the date, time, or place of the hearing on his/her own motion or at the request of any party upon due notice to the parties,

c) Request the parties to provide a statement of the issues and to limit the issues for the purpose of the hearing;

d) Regulate the presentation of evidence and the participation of the parties for the purpose of ensuring an adequate, comprehensive record of the proceedings.

5. REPRESENTATION

5.1 Representation

The applicant may appear in his/her own behalf or may be represented by counsel or other designated representative.

6. INTERVENTION

6.1 Intervention and Public Participation

a) On timely application, the hearing officer shall allow any person who shows that he/she is or may be substantially and directly affected by the proceeding to intervene as a party in the proceeding. The employing school unit and the local support system shall be allowed to intervene upon application of the school board. On timely application, the hearing officer may in his/her discretion permit any other person to intervene and participate as a full or limited party to the proceeding. This subsection shall not be construed to limit public participation in the proceeding in any other capacity.

6.2 Intervention Procedure

Application for intervention in Department adjudicatory proceedings shall be filed at least seven days in advance of a scheduled hearing, except for good cause shown. Rulings by the hearing officer shall be subject to the provisions of 5 MRSA §9054.

7. SUBPOENAS

7.1 Procedure

Any party may request the issuance of subpoenas to compel the attendance and testimony of one or more witnesses and the production of any evidence relating to any issue of fact in the proceeding. The issuance, modification and vacating of subpoenas shall be governed by 5 MRSA §9060.

7.2 Requests

Parties shall submit requests for the issuance of subpoenas to the hearing officer at least 10 days prior to a scheduled hearing, except for good cause shown. The hearing officer shall promptly forward such requests to the Attorney General for approval.

7.3 Fees

Witnesses subpoenaed for Department hearings shall be paid the same fees for attendance and travel as in civil cases before the courts of the state. Fees shall be paid by the party requesting the subpoena when the request is submitted. Proper and timely service of a subpoena shall be the responsibility of the party who requested it.

8. HEARING PROCEDURE

8.1 De Novo Hearing; Burden of Proof

The adjudicatory proceeding shall be a de novo proceeding at which the applicant has the burden of proof. The hearing officer shall attach no presumptions or particular weight to prior decisions or recommendations in the matter.

8.2 Scheduling

The opportunity for hearing shall be afforded without undue delay. Upon receipt of a petition for adjudicatory hearing, the Commissioner shall appoint a hearing officer who shall establish a hearing date.

8.3 Pre-hearing Conference

The hearing officer may, upon his/her own initiative or upon the application of any party, call upon the parties to appear for a pre-hearing conference to consider the simplification, clarification or elimination of issues, the development of stipulations and admissions, the identification and possible limitation of the number of witnesses, the admissibility of evidence and such other matters as may aid in the disposition of the adjudicatory proceeding.

Scheduling of a pre-hearing conference shall be solely within the discretion of the hearing officer.

8.4 Location

An adjudicatory proceeding shall be held in Augusta or in or near the applicant's employing school unit, except that those adjudicatory proceedings arising from a disagreement between the support system and the superintendent over renewal of a Provisional Teacher certificate shall be held in the employing school unit.

8.5 Disposition Without Full Hearing

Subject to the approval of the Commissioner, the hearing officer may make informal disposition of any proceeding by stipulation, agreed settlement or consent agreement. The hearing officer may also limit the issues to be heard in the proceeding or may vary any procedure prescribed in this rule or in the Maine Administrative Procedure Act if the parties agree to such limitation or variation or if no prejudice to any party will result.

8.6 Evidence

a) The hearing officer need not observe the rules of evidence observed by courts, but shall observe the rules of privilege recognized by law. Evidence shall be admitted if it is the kind of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs. The hearing officer may exclude irrelevant or unduly repetitious evidence.

b) All witnesses shall be sworn.

c) No sworn written evidence shall be admitted unless the author is available for cross-examination or subject to subpoena, except for good cause shown.

8.7 Official Notice

a) The hearing officer may take official notice of any facts of which judicial notice could be taken, and in addition may take official notice of general, technical or scientific matters within his/her specialized knowledge and of statutes, regulations and nonconfidential agency records. Parties shall be notified of the material so noticed, and they shall be afforded an opportunity to contest the substance or materiality of the facts noticed.

b) Facts officially noticed shall be included and indicated as such in the record.

c) Notwithstanding the foregoing, the hearing officer may utilize his/her experience, technical competence and specialized knowledge in the evaluation of the evidence presented.

8.8 Order of Proceedings

The hearing officer shall set the order of proceedings.

8.9 Time and Place of Filings

Papers required or permitted to be filed under this rule must be filed at the Department or such other place as the hearing officer shall designate within the time limits for such filing as are set by the Commissioner or the hearing officer.

8.10 Conclusion of Hearing; Reopening of Record

Upon conclusion of the hearing, no other evidence or testimony shall be permitted unless the record is held open by the hearing officer for the receipt of additional material specifically designated. The hearing officer may reopen the record for further proceedings at any time prior to decision upon provision of appropriate notice to parties and other interested persons.

9. DECISIONS

9.1 Circulation of Recommended Decision

Upon conclusion of the hearing the hearing officer shall prepare a recommended decision consisting of written findings of fact and conclusions of law. He/she shall send copies of this document to the Commissioner and to the parties. The hearing officer shall fix a time within which parties may file responses or exceptions, and shall forward all responses or exceptions timely filed to the Commissioner for consideration.

9.2 Final Decisions

Every decision made at the conclusion of a proceeding subject to this rule shall be made by the Commissioner in writing and shall include findings of fact sufficient to apprise the parties and any interested member of the public of the basis for the decision. A copy of the decision shall be delivered or promptly mailed to each party to the proceeding or his representative of record. Written notice of the party's rights to review of the decision by the courts, and of the action required and the time within which such action must be taken in order to exercise the right of review, shall be given to each party with the decision.

10. RECORD

10.1 Contents of Record

a) In proceedings subject to this rule, the hearing officer shall make a record consisting of:

(1) All papers filed and evidence received or considered;

(2) A statement of facts officially noticed;

(3) Offers of proof, objections and rulings thereon;

(4) Proposed findings of fact and conclusions of law proposed by the hearing officer, plus any responses or exceptions timely filed, and

(5) The final decision of the Commissioner.

10.2 Hearings

The hearing officer shall record all hearings in a form susceptible to transcription. Portions of the record as required and specified in section 10.1 may be included in the recording.

10.3 Record; copies

The Department shall make a copy of the record, including any recordings, available at its principal place of operation for inspection by any person during normal business hours and shall make copies of the record, copies of recordings or transcriptions of recordings available to any person at actual cost.

10.4 Decision on the Record

All material, including records, reports, and documents in the possession of the Department, of which the Commissioner desires to avail himself/herself as evidence in making a decision, shall be offered and made a part of the record and no other factual information or evidence shall be considered in rendering a decision.

11. HEARING OFFICER EMPLOYED BY OTHER STATE AGENCY

11.1 Generally

In the event that the Commissioner arranges with another state agency for the services of hearing officers employed by that agency, and such agency has in effect hearing rules adopted according to law, that agency's hearing rules shall apply to certification hearings subject to this chapter in place of the provisions of this chapter. The provisions of any memorandum of understanding executed by the respective commissioners or their designees shall also apply to any certification hearings conducted by hearing officers employed by the other agency for the Department of Education.

11.2 Surviving Provisions

Notwithstanding section 11.1, the following provisions of this chapter shall nonetheless apply in any certification appeals: section 123, section 2.1, section 2.4 insofar as it related to notice of opportunity for hearing, section 3.1, section 4.1, section 8.1, and section 8.4.

History

• STATUTORY AUTHORITY: 20-A MRSA §13011(4); 5 MRSA §8051
• EFFECTIVE DATE: July 1, 1988
• AMENDED: February 6, 1990
• AMENDED: April 27, 1996
• EFFECTIVE DATE (ELECTRONIC CONVERSION): May 19, 1996
• AMENDED: September 4, 1997 - Section 4.1; non-substantive corrections to Sections 2.3 and 4.4.
• AMENDED: 05-071 Chapter 119 page 1

Chapter 122 Grant Application and Award Procedure: Fund for the Efficient Delivery of Educational Services

Code Me. R. 05-071 Ch. 122 Grant Application and Award Procedure: Fund for the Efficient Delivery of Educational Services {#sec-05-071-ch.-122 omnilex-key=us-me-regs-official--dept-education-and-state-board-education--05-071 Ch. 122}

SUMMARY: This rule governs the application for, and awarding of, funds from the Fund for the Efficient Delivery of Educational Services. Grants are intended to assist in the financing of local and regional initiatives to improve educational opportunity and student achievement by means of changes that increase efficiency in the delivery of services.

SECTION 1. PURPOSE

Grants from the Fund for the Efficient Delivery of Educational Services are awarded on a competitive basis to fund the costs of changes in the delivery of educational services that will increase efficiency of delivery, improve student achievement, and be sustained by the school administrative unit, municipality or county without the need for additional grants from the fund or other sources.

SECTION 2. DEFINITIONS

1. Department. “Department” means the Maine Department of Education

2. Fund. “Fund” means the Fund for the Efficient Delivery of Educational Services, created in Title 20-A M.R.S. chapter 114-A and governed by this rule.

3. Innovative, autonomous public school. “Innovative, autonomous public school” has the same meaning as in Title 20-A M.R.S. section 6213.

4. Innovative public school district. “Innovative public school district” has the same meaning as in Title 20-A M.R.S. section 6213.

5. Innovative public school zone. “Innovative public school zone” has the same meaning as in Title 20-A M.R.S. section 6213.

SECTION 3. APPLICATIONS

1. Eligible entities

The following entities are eligible to apply for funding under this rule:

A. School administrative units;

B. Municipalities;

C. Counties; and

D. Groups of two or more of the entities listed above.

2. Department announcement of competitions

Competition for grant awards will be announced by the Department, at a time to be determined by the Department, based on the availability of funding. The Department shall provide notice of a competition for grants from the Fund at least 90 days before the due date for grant applications.

3. Application form

Applications for grants must be filed in accordance with this rule and any instructions provided by the Department in the notice of a competition.

SECTION 4. REQUIREMENTS, CRITERIA, PRIORITIES

1. Requirements

A grant application must:

A. Be filed by an eligible entity;

B. Be filed in accordance with Title 20-A M.R.S. chapter 114-A, this rule and any guidance provided by the Department in calling for applications;

C. Include a project plan that meets the standards for use of the Fund, set forth in Title 20-A M.R.S. section 2651, subsection 2; and

D. Include a project budget and budget narrative that meet the standards for use of the Fund, set forth in Title 20-A M.R.S. section 2651, subsection 2.

2. Programmatic criteria for evaluating grant applications

An application that meets the requirements of subsection 1 must be evaluated on the basis of the following programmatic criteria:

A. Based on project design and applicant capacity, whether the project is likely to be successfully implemented;

B. Based on project design and applicant capacity, whether the project is likely to meet its stated objectives;

C. Whether the project is likely to result in efficiencies without harming student achievement;

D. Whether the project is likely to result in increased student achievement;

E. The degree to which the project presents an innovative approach to improving educational practice.

3. Budget criteria for evaluating grant applications

An application that meets the requirements of subsection 1 must be evaluated on the basis of the following budgetary criteria:

The degree to which the project budget and budget narrative together are reasonable (i.e. realistic);

The degree to which the project budget and budget narrative together support the accomplishment of the goals of the project;

The degree to which the project budget and budget narrative together provide support for the continuation of the project plan in a sustainable way without additional grants from the Fund or other sources through projected savings and/or reallocation of resources.

4. Priority areas

In their project plans, applicants are encouraged to address any or all of the priorities listed in Title 20-A M.R.S. section 2651, subsection 3.

SECTION 5. REVIEW AND EVALUATION

1. Review team

The Commissioner will appoint a review team of at least three qualified individuals to review and evaluate grant applications. The review team will use a consensus approach to evaluate and score grant applications. Members of the review team will not score applications individually, instead, they will arrive at a consensus as to assignment of points for each section.

2. Scoring of proposals

The scoring of the applicant’s capacity in Section 4, subsection 2, paragraphs A and B, will make up 20% of the total score.

The scoring of the programmatic criteria in Section 4, subsection 2, will make up 50% of the total score.

The scoring of the budget and budget criteria in Section 4, subsection 3, will make up 25% of the total score.

The scoring of the priority areas referred to in Section 4, subsection 4, will make up 5% of the total score.

SECTION 6. GRANT AWARDS

1. Order of awarding grants

Grant awards will be made to applicants in the order in which they are scored, with the highest scoring applications funded first, as funding allows. The maximum grant award in any competition will be identified in the Department’s competition announcement.

2. Eligibility for subsequent grants

An applicant or partner who receives a grant award from the fund in a given fiscal year is not eligible to apply for another grant award from the fund until one fiscal year after the end of the program, function or service funded by the initial grant, and any subsequent application from that applicant or partner must be for a new program, service, or function that was not funded by the previous award from the fund.

3. Replication of grants

The replication of a project of similar scope of service previously funded by an award from the fund is permissible by a new applicant and partners.

4. Form of agreement for grant

Awards will be made by means of a standardized State agreement subject to approval by the State Procurement Review Committee. Awards are subject to appeal in accordance with the Division of Procurement Services rule, Chapter 120.

History

• STATUTORY AUTHORITY: 20-A M.R.S. §2651(5)
• EFFECTIVE DATE: April 25, 2012 – filing 2012-80 (final adoption, major substantive)
• EFFECTIVE DATE: May 12, 2019 – filing 2019-064 (final adoption, major substantive)

Chapter 124 Basic Approval Standards: Public Preschool Programs

Code Me. R. 05-071 Ch. 124 Basic Approval Standards: Public Preschool Programs {#sec-05-071-ch.-124 omnilex-key=us-me-regs-official--dept-education-and-state-board-education--05-071 Ch. 124}

SUMMARY: This rule establishes school approval standards governing the school administrative units which are implementing public preschool programs and adopts procedures for ascertaining compliance with all applicable legal requirements, as authorized by Title 20-A, Maine Revised Statutes , Chapters 203 and 206. By July 1, 2017, all preschool programs must comply with the program standards contained in this rule. Any new public preschool programs implemented for the 2015-2016 school year must be approved prior to opening.

Section 1. GENERAL OBJECTIVES

1.01 This rule establishes the substantive school approval standards pertaining to school administrative units which operate a public preschool program. Its intent is to provide a framework for planning and growth with local flexibility as influenced by local conditions. This rule establishes procedures for comprehensive reviews of school administrative units which operate a public preschool program by which the Commissioner will determine compliance with applicable standards and methods of enforcement for ensuring compliance.

1.02 School administrative units may operate a public preschool program or provide for children to participate in such programs in accordance with 20-A §4271 and shall meet all school approval requirements of Title 20-A, Maine Revised Statutes (20-A MRSA), other statutes, and rules applicable to the operation of public preschool programs, and the requirements of this rule.

Section 2. DEFINITIONS

2.01 Administrator: “Administrator” means any person certified by the Commissioner as an administrator and employed by a school administrative unit in an administrative capacity.

2.02 Assessment: “Assessment” means an educational instrument or activity designed to gather information on a child’s knowledge and skill to make instructional decisions.

2.03 Commissioner: "Commissioner" means the Commissioner of the Maine Department of Education or a designee.

2.04 Curriculum: “Curriculum” means the school administrative unit’s written document that includes the learning expectations for all children for all domains of development as indicated in the Early Learning and Development Standards. The curriculum shall reflect continuous, sequential and specific instruction aligned with the ELDS.

2.05 Department: "Department" means the Maine Department of Education.

2.07 Early Learning and Development Standards (ELDS): “Early Learning and Development Standards” means what should children know and be able to do at kindergarten entry.

2.08 Elementary school: "Elementary school" means that portion of a school that provides instruction in any combination of grades pre-kindergarten through grade 8.

2.09 Essential Programs and Services: “Essential Programs and Services” means those programs and services, as defined by the State Board of Education or adopted by the Legislature, that a school administrative unit offers for each student to have the opportunity to meet the content standards of the system of Early Learning and Development Standards/Learning Results.

2.10 Instructional day: "Instructional day" means a school day during which both students and teachers are present, either in a school or in another setting.

2.11 Instructional time: "Instructional time" means that portion of a school day devoted to the teaching-learning process, but not including extra-curricular activities, or recess. Time spent on organized field trips related to school studies may be considered instructional time, but the instructional time counted for extended field trips shall not exceed a normal school day for each day of the field trip.

2.12 Kindergarten: "Kindergarten" means a one or two-year instructional program aligned with the system of Learning Results, immediately prior to grade one.

2.13 Parent: “Parent” means the parent or legal guardian of a student.

2.14 Provisional Approval: "Provisional Approval" means an approval for a specified period of time during which a school administrative unit must take corrective action to the public preschool program to comply with this rule.

2.15 Public Preschool Program: “Public Preschool Program” means a program offered by a public school that provides instruction of children who are four years of age by October 15th.

2.16 School: "School" means an individual attendance center within a school administrative unit including any combination of grades pre-kindergarten through 12. In this rule, an educational program located in or operated by a juvenile correctional facility, an educational program located in the unorganized territories and operated by the Department of Education, the Maine School of Science and Mathematics, and the Maine Educational Center for the Deaf and Hard of Hearing shall be considered schools.

2.17 School administrative unit: "School administrative unit" means the state-approved unit of school administration and includes a municipal school unit, school administrative district, community school district, regional school unit or any other municipal or quasi-municipal corporation responsible for operating or constructing public schools, except that it does not include a career and technical education region. Beginning July 1, 2009, “school administrative unit” means the state-approved unit of school administration and includes only the following:

A municipal school unit;

A regional school unit formed pursuant to chapter 103-A;

C. An alternative organizational structure as approved by the commissioner and approved by the voters;

D. A school administrative district that does not provide public education for the entire span of kindergarten to grade 12 that has not reorganized as a regional school unit pursuant to chapter 103-A;

E. A community school district that has not reorganized as a regional school unit pursuant to chapter 103-A;

F. A municipal or quasi-municipal district responsible for operating public schools that has not reorganized as a regional school unit pursuant to chapter 103-A;

G. A municipal school unit, school administrative district, community school district, regional school unit or any other quasi-municipal district responsible for operating public schools that forms a part of an alternative organizational structure approved by the commissioner; and

H. A public charter school authorized under chapter 112 by an entity other than a local school board.

2.18 School calendar: "School calendar" means the schedule of school days adopted in advance of the school year by the school board.

2.19 School day: "School day" means a day in which school is in operation as an instructional day and/or a teacher in-service day.

2.20 School personnel: “School personnel” means individuals employed by a school administrative unit or under contract with the unit to provide services to the children enrolled in the schools of the unit.

2.21 School year: “School year" means the total number of school days in a year as established by the school administrative unit.

2.22 Screening. “Screening: means utilizing a standard or norm-referenced screening tool designed and validated to identify a child’s level of performance overall in developmental areas (i.e., cognition, fine motor, gross motor, communication, self-help/adaptive, and gross motor skills). The screening is a brief check (10-15 minutes) of the child’s development and is not diagnostic or confirming in content.

2.23 Student records: "Student records” means those records that are directly related to a student and are maintained by a school or a party acting for the school.

2.24 Teacher: "Teacher" means any person who is regularly employed for the instruction of students in a school and who is certified by the Commissioner for this position.

2.25 Teacher in-service day: "Teacher in-service day" means a school day during which a majority of teachers and professional staff report for work, but students are not present for instruction. These days may include days devoted to in-service educational programs, administrative meetings, parent-teacher conferences, record-keeping duties, curriculum preparation, and other similar activities related to the operation of school programs, and may take place in a school in the school administrative unit.

Section 3. CLASS SIZE

3.01 Maximum class size: 16 children

Section 4. CURRICULUM AND COMPREHENSIVE ASSESSMENT SYSTEM

4.01 Each school administrative unit shall have an evidence-based written curriculum aligned with the Early Learning and Development Standards. The school administrative unit shall inform parents and students of the curriculum, instructional expectations, and assessment system.

4.02 Public preschool programs must demonstrate curriculum practice that aligns with the Maine Early Learning and Development Standards and is appropriate for the age and developmental level of the students. Teachers must organize space and select materials in all content and developmental areas to stimulate exploration, experimentation, discovery and conceptual learning.

A variety of activity areas are offered every session including, but not limited to: block building, dramatic play, writing, art, music, science, math, literacy, sand/water play, manipulatives, gross motor activities and mealtime routines , which allows teachers to eat with children.

Equipment, materials and furnishings are available and are accessible to all children, including children with disabilities.

A daily schedule is posted that includes:

Opportunities for individual, small group and whole group activities. The amount of time spent in large group, teacher-directed activity is limited to short periods of time – 10-20 minutes depending on the time of the year.

Opportunities for physical movement, fresh air and access to drinking water are provided to the children.

Opportunity for rest in a full-day program (more than 5 hours) is provided for the children. Cots or mats are provided for each child.

The schedule and program activities minimize the transitions that children make from one classroom space to another, including school “specials” especially during the first half of the school year. Most special supports or therapies are provided in-class to minimize transitions for children with disabilities.

Program development and services to any and all English learners are overseen by an English as a Second Language-endorsed teacher.

4.03 Screening and Assessment

A. Screening

All children must be screened using a valid and reliable research-based tool within the first 30 days of the school year (or prior to school entry) which includes: early language and literacy/numeracy/cognitive; gross and fine motor; personal/social; social/emotional development- to identify those who may be in need of additional assessment or to determine eligibility for special education services unless the child has an existing Individualized Education Program-IEP). All children must receive a hearing, vision, and health screening upon entry to the public preschool program. The health screening must include information pertaining to oral health and lead poisoning awareness. If hearing, vision, and health screening has been done in the public preschool, the screenings do not have to be redone in kindergarten, unless there is a concern.

Each preschool program shall develop a written Child Find referral policy consistent with the State of Maine Unified Special Education Rules 05-071 Chapter 101 Section IV. 2(D)(E).

Administration of a home language survey is undertaken to identify possible English learners.

B. Assessment

Programs provide periodic and ongoing research based assessment of children’s learning and development that:

Documents each child’s interests, needs and progress to help plan instruction, relying mostly on demonstrated performance of authentic activities.

Includes: children’s work samples, observations, anecdotal notes, checklists and inventories, parent conference notes, photographs, video, health screening reports and referral records for support services.

Communicates with families regularly to ensure connection between home and school, including providing interpreters and translators, as needed.

Aligns with the Early Learning and Development Standards and are used to inform curriculum and instruction.

Is informed by family culture, experiences, children’s abilities and disabilities, and home language.

Is used in settings familiar to the children.

Informs activities to support planning for individual children.

4.04 Child Development Reporting

Parents shall have the opportunity to meet individually with their child’s teacher about their child’s development at least twice during each school year using the research based assessment (providing interpreters and translators as needed).

Section 5. INSTRUCTIONAL TIME

5.01 School Year

A school administrative unit shall make provision for the maintenance of all its schools for at least 180 school days. At least 175 school days shall be used for instruction. In meeting the requirement of a 180-day school year, no more than 5 days may be used for in-service education for teachers, administrative meetings, parent-teacher conferences, records’ days and similar activities.

5.02 Public Preschool Instructional Time

Instructional time for public preschool program shall be a minimum of 10 hours per week for 35 weeks and shall not include rest time. Public preschool programs shall schedule within the 175 school days that the school administrative unit has designated as instructional time, but does not have to use all days, allowing flexibility as to numbers of days per week.

Extended public preschool program Day: A school administrative unit is encouraged to schedule public preschool for more than 10 hours per week to improve child outcomes and to reduce the risk of later school failure.

Section 6. SCHOOL ADMINISTRATIVE UNIT ORGANIZATION AND SCHOOL SIZE

6.01 Personnel Ratios

Classroom student-teacher ratios

Maximum adult to child ratio is 1 adult to 8 children

Ratios include, at a minimum, one teacher holding appropriate teacher certification from the Maine Department of Education (as per current statute) and a support staff with a minimum of an Educational Technician Authorization II from the Maine DOE. These ratios are maintained during both indoor and outdoor activities and during mealtimes.

Section 7. QUALITY OF EDUCATION PERSONNEL

7.01 Specific Requirements

Teacher degree requirement: Teachers must hold (as per current statue) the required Maine DOE Early Childhood 081 (B-5) endorsement.

Assistant teacher requirements: An assistant teacher must hold (as per current statute), at a minimum, an Educational Technician II Authorization from the Maine DOE who obtains a Level 4 status on the Maine Roads to Quality Registry within 3 years.

All preschool staff must join the Maine Roads to Quality Registry.

Section 8. NUTRITION

8.01 General Requirements

The program shall serve well-balanced meals and/or snack that follow the U.S. Department of Agriculture guidelines in all programs.

8.02 Specific Requirements

The program shall serve at least one meal and/or snacks at regularly established times. Meals and snacks are not more than three hours apart.

Each child is given sufficient time at mealtimes and snacks to eat at a reasonable, leisurely rate.

Classroom ratios will be maintained during mealtimes.

Meals and or snacks are culturally responsive to participating families.

The meal and snack time offers opportunities for interactions between adults and children.

Section 9. SCHOOL FACILITIES

9.01 Indoor: Minimum requirement shall be 35 square feet per child. Areas not to be calculated as usable space include but are not limited to: hallways, lockers, cubbies, door swings, closets, supply cabinets, corridors, bathrooms, teacher spaces, food preparation areas and offices.

All classroom spaces must be accessible to all children, including children with disabilities.

There shall be a water source in the classroom for hand washing, and drinking water is readily available to children throughout the day.

The indoor environment shall be designed so staff can supervise children by sight and sound at all times. Supervision for short intervals by sound is permissible, as long as teachers check frequently on children who are out of sight (e.g., independent toileting).

Toilets, accessible for use by all participating children, must be within 40 feet of the indoor areas that children use. It is preferable to have them within the classroom.

Electrical outlets in public preschool classrooms shall be protected by safety caps, plugs or other means.

Natural light must be present in any classroom used for four-year-old program activities.

Easily accessible and individual space shall be made available for children’s outside clothing and personal possessions.

9.02 Outdoor: The program must have access to an outdoor play area with at least 75 square feet of usable space per child and with equipment of a size suitable to the age and needs of four-year-old children as dictated by the National Safety Standards for playgrounds in public schools.

The outdoor play area must be protected by fences or natural barriers.

Surfaces used under climbers, swings and at the bottom of slides are energy-absorbing materials such as mulch, sand or bark. Concrete or asphalt shall not be used.

Outdoor play areas provide both shade and sun.

There are established protocols for emergencies.

The playground areas and equipment are accessible to all children.

Preschool classrooms schedule outdoor time by themselves, with other preschool classrooms, or with kindergarten children.

Section 10. FAMILY ENGAGEMENT

10.01 Programs identify how they will engage in a process of partnership-building with families to establish mutual trust and to identify child strengths, goals, and necessary services and supports.

10.02 Programs have written policies and procedures that demonstrate intentional practices designed to foster strong reciprocal relationships with families, including, but not limited to: application information, family orientation, parent conferences, parent education-specifically around literacy and numeracy, newsletters, PTA participation, home visits, family events, program evaluations, and these policies and procedures are to be translated in a language understandable to parents/guardians.

Section 11. COMMUNITY ENGAGEMENT

Programs establish relationships with community-based learning resources and agencies, such as libraries, arts education programs, and family literacy programs.

Section 12. COORDINATED PUBLIC PRESCHOOL PROGRAMS

12.01 Any school administrative unit that wishes to develop an early childhood program

for children 4 years of age must submit a public preschool program implementation plan for children 4 years of age for submission to and approval by the department. Evaluation of the proposal must include consideration of at least the following factors:

Demonstrated coordination with other early childhood programs in the community to maximize resources;

Consideration of the extended child care needs of working parents; and

Provision of public notice regarding the proposal to the community being served, including the extent to which public notice has been disseminated broadly to other early childhood programs in the community. [20-A MRSA §4502(9)]

Demonstrated coordination with Child Development Services.

12.02 Schools offering a public preschool program in partnership with a community agency must submit a Memorandum of Understanding (MOU), signed by all involved parties, on a yearly basis. The elements of the MOU shall, at a minimum, include:

Roles and responsibilities of each of the partners;

A budget, including the amount of resources that each partner will provide for the implementation of the plan;

Describe the organizational capacity and the existing infrastructure of the SAU and the partners to deliver a high quality program;

The methods and processes for making different types of decisions (e.g., policy, operational);

How the partners will coordinate, but not supplant, the delivery of the public preschool program with existing services for preschool –aged children including, if applicable, programs and services supported through Title I of ESEA, the Head Start Act , and Child Care Development Block Grant;

How the partners will coordinate with Child Development Services (under Part B, Section 619 of IDEA) regional site to ensure access for CDS for conducting its statutory obligations under IDEA and Maine law /regulations; and

A description of the responsibilities and process of sharing child records that meets Section 16 of this chapter.

12.03 Beginning with 2015-16 school year the Commissioner may provide start-up funding as set forth in 20-A MRSA §4271 to school administrative units to implement or expand public preschool programs for children 4 years of age as required by 20-A MRSA §4502(9).

Section 13 TRANSITION

13.01 Enrollment transition into the public preschool program. Public preschool programs will have a process for enrollment transition from home and or other early childhood programs. The process will involve parents/legal guardians, including parental consent for transition of the pertinent educational records.

13.02 Public preschool to kindergarten transition. Public preschool program will have a process to provide transition between four-year-old programs and the kindergarten program. This includes links, by the elementary school, with other area Head Start and early childhood programs serving young children who will be entering kindergarten. The process will involve parents/legal guardians, including parental consent for transition of pertinent educational records.

Section 14 TRANSPORTATION

14.01 If a school transports public preschool children, it is recommended that the standard of care offered to public preschool students meet the standard of care as defined by “Guideline for the Safe Transportation of Preschool Age Children in School Buses,” which is provided by the National Highway Transportation Safety Agency, as follows:

• 1. Children should be in a child safety restraint system appropriate for the age, weight and height of the student. 2. There should be at least one aide on board the bus to assist with loading, unloading, correct securement and behavior/emotional support. 3. There will be training, communication and operational policy items for drivers, aides, parents, students and routes.

NOTE 1: Head Start children must be in a child safety restraint system and have an aide to assist. This is a federal requirement.

NOTE 2: Pursuant to 20-A MRSA §5401(3-A) school administrative units are not required to provide transportation for public preschool children.

Section 15. RECORDS AND REPORTS

If the public preschool program operates within the school administrative unit (SAU), the SAU addresses these provisions within the basic school approval.

If the public preschool program operates in an external facility and/or under a contract with the SAU, the contract between the SAU and the contractor must address the provisions of this section.

15.01 Student Records

Each school board shall adopt a policy in accordance with the Family Education Rights and Privacy Act (FERPA) that establishes the procedure for changing a student record by adding or removing items, and for controlling access to records.

A. Each school administrative unit shall maintain accurate and up-to-date education records on each enrolled student. Education records shall be defined as in FERPA and shall include academic records, disciplinary records, and other information including directory information.

(1) Academic records include information relating to the student’s educational performance including student performance on the local assessment system and on other assessments as may be required for an individual student.

(2) Disciplinary records include, but are not limited to, a record of suspensions and expulsions, and other violations of the Student Code of Conduct adopted by the school board.

B. Records shall be entrusted to designated personnel who shall be knowledgeable about the confidentiality provisions applicable to the records. All records shall be safeguarded from unauthorized access. Either student records will be kept in fireproof storage at the school or a duplicate set will be kept off site.

C. Upon request of the parent or school officials, a student's education records, including special education records, shall be forwarded to any school in which the student is enrolled or is intending to enroll. The school administrative unit shall notify parents that all records, including disciplinary records, must be sent to a school administrative unit to which a student applies for transfer.

D. Parental Access Rights: Confidentiality

Each school administrative unit shall adopt a policy describing the access rights of parents, students, and educational personnel to student records and the applicable confidentiality rights of parents and students. Student records shall be made available to the parents, or to the student of majority age, for inspection and copying.

A copy of the policy shall be posted in each school and parents shall be notified annually of the policy. The school administrative unit shall maintain records in accordance with the Family Education Rights and Privacy Act (FERPA).

Section 16. PUBLIC PRESCHOOL APPROVAL

16.01 Approval Procedures

A. A school administrative unit shall obtain approval from the Commissioner prior to opening a new public preschool program. All new public preschool programs implemented in the 2015-16 school year must be approved prior to opening. By July 1, 2017 all public preschool programs implemented before 2015-16 must comply with programs standards contained in this rule. The Department will review and approve on a case by case basis implementation strategies that document how and by when a school administrative unit will come into compliance with a specific program standard after the July 1, 2017 date.

B. A school administrative unit seeking approval status for any public preschool program shall make this intention known to the Commissioner in writing at least nine months prior to the school year. School units that have received school construction approval from the State Board of Education shall be deemed to have met this notice requirement.

C. An Implementation Plan for initial approval status shall be made on forms provided by the Commissioner and available on the Maine Department of Education Public Preschool website. The superintendent of the school administrative unit is responsible for supplying all information necessary for a determination that the school is entitled to approval. The implementation plan application form must be signed by the superintendent of the school administrative unit in which the school is located, certifying that the form contains information that is accurate at the time of reporting. Prior to receiving approval from the Commissioner, the facility shall be approved for safety by the State Fire Marshal or local municipal fire department official, and certified as sanitary by the Department of Health and Human Services (DHHS).

D. Two months prior to the initial opening the applicant school must arrange for an on-site inspection by a representative of the Commissioner.

E. Approval status shall be awarded when the Commissioner determines that the school is likely to comply with all approval standards.

F. Upon obtaining approval by the Commissioner, the school administrative unit shall be entitled to operate the public preschool program and to receive state subsidy aid to which it is otherwise entitled.

G. Six weeks after student occupancy, representatives of the Commissioner shall visit the public preschool program while it is in session to determine if all applicable school approval standards are being met. If school approval standards are not being met, approval status shall continue until compliance is demonstrated or until the end of the school year, whichever is the earlier date.

16.02 Provisional Approval

Any public preschool program that is determined by the Commissioner not to comply with applicable school approval standards shall be placed on provisional approval. Failure to submit School Approval Reports, other than financial reports, in a timely manner, in accordance with Section 15.05 of this rule, shall result in provisional approval status. Failure to submit financial reports in a timely manner shall result in a withholding of state subsidy in accordance with Section 16.03.B.

B. When placing a school on provisional approval status the Commissioner shall take the following action:

(1) The Commissioner shall notify, in writing, the superintendent responsible for any public preschool programs placed on provisional approval status and shall include a statement of the reasons for provisional approval status.

(2) Representatives of the Commissioner shall meet with the superintendent and shall determine a reasonable deadline for achieving compliance with school approval standards.

(3) A school or school administrative unit on provisional approval status shall be required to file with the Commissioner an acceptable written plan of corrective action.

(4) Failure to file a required plan of corrective action shall result in enforcement action by the Commissioner, pursuant to Section 16.03 of this rule.

C. The Commissioner shall restore full approval status upon the Commissioner’s determination of compliance with school approval standards.

16.03 Enforcement Measures

A. Notice of Failure to Comply

The Commissioner shall give written notice of pending enforcement action to the superintendent of any school or school administrative unit that fails to comply with school approval standards by the established deadlines in statute or in the plan of corrective action established in Section 16.02.B.(3). Such notice shall include a statement of the laws and regulations with which the school or school administrative unit fails to comply. School administrative units failing to comply with school approval standards shall be given notice and the opportunity for a hearing.

B. Penalties

The Commissioner may impose the following penalties on school administrative units until compliance is achieved:

(1) Withhold state subsidy and other state funds from school administrative unit;

(2) Refer the matter to the Attorney General, who may seek injunctive relief to enjoin activities not in compliance with the governing statute or seek any other remedy authorized by law; or

(3) Employ other penalties authorized in statute or authorized or required by federal law.

Section 17. PRESCHOOL PROGRAM MONITORING

17.01 Public preschool programs, including partnerships, will complete the electronic Public Preschool Program Annual Report online and submit to the Maine Department of Education no later than 30 days after the end of the school year.

17.02 Each public preschool program, including partnerships, will receive a site visit by the Department no less than once every three years.

17.03 The review will utilize observational instruments, implemented by qualified individuals with demonstrated reliability, that assess:

Compliance with the program standards,

Classroom quality, and

C. Multiple dimensions of teacher-child interactions that are linked to positive child development and later achievement.

17.04 The results of this classroom evaluation will be shared with the teacher and principal and a plan for training and technical assistance will be developed.

History

• STATUTORY AUTHORITY: 20-A MRSA §4271(4)
• EFFECTIVE DATE: December 28, 2014 – filing 2014-293
• EFFECTIVE DATE: APAO WORD VERSION CONVERSION (IF NEEDED) AND ACCESSIBILITY CHECK: July 15, 2025

Chapter 125 Basic Approval Standards: Public Schools and School Administrative Units

Code Me. R. 05-071 Ch. 125 Basic Approval Standards: Public Schools and School Administrative Units {#sec-05-071-ch.-125 omnilex-key=us-me-regs-official--dept-education-and-state-board-education--05-071 Ch. 125}

SUMMARY: This rule establishes school approval standards governing the school administrative units and other public schools of the state and adopts procedures for ascertaining compliance with all applicable legal requirements, as authorized by Title 20-A, Maine Revised Statutes , chapter 206. This rule includes that which is required to be in Rule pursuant to 20-A M.R.S. §4502(5), and that which is not in detail in statute or other Department of Education or Department of Health and Human Services regulations.

Section 1. GENERAL OBJECTIVES

1.01 Establishment of School Approval Rules

This rule establishes the substantive school approval standards pertaining to public schools. Public schools comprise: schools governed by a school board of a school administrative unit, including authorized public charter schools; career and technical education regions; schools in the Unorganized Territory; magnet schools; the Maine Educational Center for the Deaf and Hard of Hearing and Governor Baxter School for the Deaf; and any school located in or operated by a juvenile correctional facility. This rule establishes procedures for comprehensive reviews of these school administrative units and schools by which the Commissioner will determine compliance with applicable standards and methods of enforcement for ensuring compliance.

Note: Although listed here due to its regional nature, it should be noted that 20-A M.R.S. §8451 states that a career and technical education region “shall function as an extension of the secondary schools and middle schools located within the region's boundaries.”

1.02 School Administrative Unit Responsibilities

Each school administrative unit shall provide a free, public education for its resident students and shall meet all school approval requirements of Title 20-A, Maine Revised Statutes (20-A M.R.S.), other statutes, rules applicable to the operation of public schools, and the requirements of this rule.

1.03 Parent and Student Responsibilities

Parents shall be responsible for the education of a child not educated at public expense. Students are not required to meet the content standards of the system of Learning Results established in Maine Department of Education Regulation 131 unless enrolled in a public school, a private school approved for attendance purposes pursuant to 20-A M.R.S. §2902, or in a private school approved for tuition purposes that enrolls at least 60% publicly funded students pursuant to 20-A M.R.S. §2951(6).

Section 2. DEFINITIONS

2.01 Assessment: “Assessment” means an educational instrument or activity designed to determine what a student knows and is able to do.

2.02 Commissioner: "Commissioner" means the Commissioner of the Maine Department of Education or a designee.

2.03 Comprehensive Education Plan: “Comprehensive Education Plan” means a compilation of policies, plans and requirements as defined in this Chapter required under 20-A M.R.S. for public school administrative unit and public school approval. This Plan must address all policies, plans, reports, protocols, and processes required by the Commissioner, which considered together shall comprise the focus for continuous school improvement.

2.04 Curriculum: “Curriculum” means the school administrative unit’s written document that includes the learning expectations for all students for all content areas of the system of Learning Results, as well as for other content areas specified by the local school board. The curriculum shall reflect continuous, sequential and specific instruction aligned with the content areas of the system of Learning Results.

2.05 Department: "Department" means the Maine Department of Education.

2.06 Evidence-based: “Evidence-based” means an activity, strategy, or intervention that

(i) demonstrates a statistically significant effect on improving student outcomes or other relevant outcomes based on at least one of the following criteria:

(I) strong evidence from at least 1 well-designed and well-implemented experimental study;

(II) moderate evidence from at least 1 well-designed and well-implemented quasi-experimental study; or

(III) promising evidence from at least 1 well- designed and well-implemented correlational study with statistical controls for selection bias; or

(ii) (I) demonstrates a rationale based on high- quality research findings or positive evaluation that such activity, strategy, or intervention is likely to improve student outcomes or other relevant outcomes; and

(II) includes ongoing efforts to examine the effects of such activity, strategy, or intervention.

United States Department of Education. (2016). Elementary and Secondary Education Act. (As amended through P.L. 114-95). Washington, DC.

2.07 Kindergarten: "Kindergarten" means a one or two-year instructional program aligned with the system of Learning Results, immediately prior to grade one.

2.08 Parent: “Parent” means the parent or legal guardian of a student, or the student if of majority age.

2.09 Progress monitoring: “Progress monitoring” means a data collection measure designed to evaluate a student’s response to instruction and/or intervention and conducted on a regular schedule. Data collected is used to inform future instructional and intervention decisions when a student’s progress is insufficient for meeting expected outcomes.

2.10 Provisional Approval: "Provisional Approval" means an approval for a specified period of time during which a school administrative unit must take corrective action to comply with this rule.

2.11 School: "School" means an individual attendance center based on a unique address assignment within a school administrative unit or a public school as outlined in Section 1.01 that includes any combination of grades kindergarten through 12. “School” may also denote instruction delivered virtually, as approved by the Commissioner, the Charter Commission, or other approving entity. In the case of a virtual “school,” the organization’s physical office address shall serve as the attendance center of record.

2.12 School Administrative Unit: "School administrative unit" means the state-approved unit of school administration and includes a municipal school unit, school administrative district, community school district, or any other municipal or quasi-municipal corporation responsible for operating or constructing public schools, except that it does not include a career and technical education region. Beginning July 1, 2009, “school administrative unit” means the state-approved unit of school administration and includes only the following:

A. A municipal school unit;

B. A regional school unit formed pursuant to chapter 103-A;

C. An alternative organizational structure as approved by the commissioner and approved by the voters;

D. A school administrative district that does not provide public education for the entire span of kindergarten to grade 12 that has not reorganized as a regional school unit pursuant to chapter 103-A;

E. A community school district that has not reorganized as a regional school unit pursuant to chapter 103-A;

F. A municipal or quasi-municipal district responsible for operating public schools that has not reorganized as a regional school unit pursuant to chapter 103-A;

G. A municipal school unit, school administrative district, community school district, regional school unit or any other quasi-municipal district responsible for operating public schools that forms a part of an alternative organizational structure approved by the commissioner; and

H. A public charter school authorized under chapter 112 by an entity other than a local school board.

2.13 School Calendar: "School calendar" means the schedule of school days adopted in advance of the school year by the school board, pursuant to 20-A M.R.S. §4801.

2.14 School Personnel: “School personnel” or “personnel” means individuals employed by a school administrative unit or under contract with the unit to provide services to the children enrolled in the schools of the unit.

2.15 School Year: “School year" means the total number of school days in a year as established by the school administrative unit.

2.16 Screening: “Screening” means brief and efficient assessments that produce baseline data on sufficiency of current instruction to meet student needs, and individual student data designed to help identify students who may be in need of additional supports to be successful. Screening is conducted with all students at least annually and during regular intervals.

2.17 Student Records: "Student records” means those records that are directly related to a student and are maintained by a school or a party acting for the school.

2.18 System of Learning Results: “System of Learning Results” means the guiding principles, content areas, content standards, and performance indicators that specify what students should know and be able to do in grade spans covering kindergarten through grade 12, as specified in Maine Department of Education Regulation 131.

2.19 Teacher: "Teacher" means any person who is regularly employed for the instruction of students in a school and who is certified by the Commissioner for this position.

Section 3. APPLICABILITY

3.01 Applicability

This rule applies to the school administrative units and public schools of the state as outlined in Section 1.01.

For purposes of this rule, all requirements and duties pertaining to a school administrative unit shall also apply to those public schools that are not part of a school administrative unit, except as indicated in Section 3.02. In this rule where reference is made to the superintendent, such requirements and duties shall apply to and be carried out by the chief administrator of the school. In this rule where reference is made to the school board of a school administrative unit, such requirements and duties shall apply to and be carried out by the policymaking entity with responsibility for the school. The Commissioner shall be deemed to exercise the authority of the school board for the schools in the Unorganized Territory. The Commissioner of Corrections shall be deemed to exercise the powers of the school board for schools located in or operated by a juvenile correctional facility.

3.02 Exceptions

For a school administrative unit that tuitions 100% of its resident students out of the resident unit, the resident unit may work with the receiving public school administrative unit to develop policies and procedures for the population served.

The resident unit may not delegate the following requirements and/or policies to be covered under another unit’s policies:

1. Nondiscrimination/Equal Opportunity and Affirmative Action Plan;
2. School Finances, Accurate Account, Audit, and Report to School Board;
3. Disposal of Personal School Property;
4. Transportation;
5. Personnel Clearance and Certification;
6. Personnel Directory and Confidentiality;
7. Opportunities for CTE Participation;
8. Section 504 and Special Education Programming;
9. Response to Intervention;
10. Student Rosters;
11. Students Records Policy (FERPA);
12. Education Records Release Policy; and
13. Education Records Retention Policy.

The resident unit may delegate specific requirements as follows:

Lau Plan – may delegate English Learner (EL) services and policy to be provided by receiving public unit, but must participate in EL identification of a resident student;

Homeschool Students – may delegate policy to be provided by receiving unit, but must ensure access and attendance, keep records/rosters of homeschoolers, and provide homeschool guidance;

Assessment/Curriculum Development and Review Plan – may delegate plan to be provided by receiving unit, but resident unit must ensure access/compliance/reporting; and

Dropout Prevention and Reintegration Plans/Committees – may delegate plans and committee oversight to be provided by receiving unit, but must maintain knowledge of at-risk students and participate in committee trainings and planning pertaining to resident students.

A school administrative unit that tuitions 100% of its resident students out of the resident unit may delegate all requirements except as outlined in Sections 3.02(A)(1) and 3.02(A)(2).

Career and Technical Education Centers are under the administration of a school administrative unit as determined by Title 20-A M.R.S. Chapter 313 and must be included in the SAU provision of all policies and requirements. Career and Technical Education Regions have a separate administrative structure, but for purposes of School Approval must certify the following.

Nondiscrimination/Equal Opportunity and Affirmative Action Plan

School Finances Accounting, Audit and Reporting

Policy for the Disposal of Personal School Property

Facility Maintenance and Capital Improvement Plan

Chemical Hazard Communications Plan

Emergency Management Plan

Bomb Threat Policies

Integrated Pest Management Plan

Personnel Safety and Bloodborne Pathogens Policy

Personnel Clearance and Certification

Employee Directory and Confidential Information

Lau Plan

Student Code of Conduct

Concussion Management Policy

School Disciplinary Policies

Restraint and Seclusion Policy

Vision and Hearing Screening

Student Medication Administration Policy

Protocol for the Management of Life Threatening Allergies

Suicide Awareness and Prevention Tracking System

Student Records Policy

There are no exceptions for schools in the Unorganized Territory.

Section 4. REQUIREMENTS AND COMPREHENSIVE EDUCATION PLAN

4.01 Purpose

The purpose of a Comprehensive Education Plan is to document the development and implementation of the required statutory compendium of school approval resources and requirements by each school administrative unit or other public school. A unit will not submit its Plan to the Commissioner unless requested or in accordance with Sections 6 and 7.

4.02 Development of the Comprehensive Education Plan

Each school administrative unit shall have one Comprehensive Education Plan to guide the schools and the school administrative unit.

A. The Comprehensive Education Plan shall include an assessment of needs conducted at least every five years, based on ongoing collection and analysis of data related to indicators of student performance and development. The Comprehensive Education Plan shall reflect current educational research and practices that relate to student achievement of the content standards of the system of Learning Results, will be focused on the learning of all students, and oriented to continuous improvement to ensure that each student enrolled in a Maine public school is provided with a quality education. The superintendent shall be responsible for the continuous improvement process in each school administrative unit and shall convene a School Approval stakeholder group representative of the school and community.

B. The school administrative unit shall determine the format of the Comprehensive Education Plan. The unit’s Comprehensive Education Plan shall address all documentation and data required by the Department to meet state and federal requirements. This may be done by integrating the multiple requirements or by including each required plan or requirement as a distinct component of the Comprehensive Education Plan.

C. The Comprehensive Education Plan shall address the shared vision of the school administrative unit, and establish goals and strategies that are equally inclusive and reflective of all schools in which the unit’s resident students are educated. These goals and strategies must consider and coordinate with pre-kindergarten, applied technology education and adult and community education programs, where such programs exist.

4.03 Annual Update of the Comprehensive Education Plan

Each school administrative unit shall annually update its Comprehensive Education Plan, adopted according to the procedure outlined in Section 7.01. It shall be the responsibility of the superintendent to report annually to the citizenry on the ongoing school improvement process and the updated Comprehensive Education Plan. Citizen recommendations shall be considered prior to annual school board action on the Plan. The superintendent shall certify progress on the Plan to the Commissioner on an annual basis.

4.04 Approval of the Comprehensive Education Plan

When a school administrative unit is on provisional approval status in accordance with Section 7.02, the Comprehensive Education Plan shall be subject to approval by the Commissioner.

4.05 Comprehensive School Approval Requirements Reference

The Comprehensive Education Plan shall address the statutory and regulatory requirements of 20-A M.R.S. §4502 and other applicable laws and rules, as summarized in the chart on the Department’s Public School Approval web page.

Section 5. OTHER MINIMUM REQUIREMENTS

This Section establishes minimum requirements in areas required under 20-A M.R.S. §4502(5).

5.01 Instructional Time, Including a Minimum School Day and Week

A school week is the five days Monday through Friday. Exceptions occur when schools are closed because of holidays, inclement weather, or other extenuating circumstances.

A “school day” means a day in which school is in operation as either an instructional day as defined in this Section, or a non-instructional day that may be used for in-service education of teachers, administrative meetings, parent-teacher conferences, records’ days or similar activities.

"Instructional day" means a school day during which both students and teachers are present, either in a school or in another setting, and engaged in instructional time.

"Instructional time" means that portion of a school day devoted to the teaching-learning process, but not including extra-curricular activities, lunchtime, or recess. Time spent on organized field trips related to school studies may be considered instructional time, but the instructional time counted for extended field trips shall not exceed a normal school day for each day of the field trip. Alternative education programs, multiple pathways, extended learning opportunities, and other innovative programs may allow students to attend outside of the regular instructional day, as outlined in the SAU Comprehensive Education Plan.

An instructional day for grades K-12 must be a minimum of three hours in length, and for grades 1-12 must average five hours in length over any consecutive two week period. Plans to use school days of varying length must be reflected in the Comprehensive Education Plan submitted by the school administrative unit pursuant to 20-A M.R.S. §4502(1). The instructional day may be extended for students who need more than the minimum day to meet the content standards of the system of Learning Results.

Instructional days that are canceled must be rescheduled to meet the minimum school year requirements contained in 20-A M.R.S. §4801.

School administrative units may not schedule make-up instructional time on days identified in 20-A M.R.S. §4802. Acceptable methods of rescheduling cancelled instructional days include:

Rescheduling or shortening scheduled vacation periods;

Postponing the scheduled closing date of school;

Providing up to 25 one hour extensions of the instructional day to equal a maximum of five 5-hour make-up instructional days in a school year in accordance with a plan approved by the commissioner;

Conducting classes on the weekend; and/or

Developing other ways to make up school days missed due to weather or emergency closures not included above, which will be incorporated into a plan approved by the Commissioner.

If an instructional day must be shortened due to circumstances that involve student health or safety, the day is considered a full day if school has been in session for at least 2.5 hours.

20-A M.R.S. §§ 4502(5)(A), 4801.

5.02 Staffing: Ratios and Qualifications of Personnel

The school board of the school administrative unit shall determine the number and allocation of personnel for the unit. 20-A M.R.S. §1001(8).

Student teacher ratios. The school board of each school administrative unit shall permit maximum student teacher ratios of 25:1 schoolwide for kindergarten to grade 8; and maximum student teacher ratios of 30:1 schoolwide for grades 9 to 12. 20-A M.R.S. §4502(5)(B). Except that:

Band and chorus instruction may exceed the student-teacher ratio identified above.

The number of students enrolled in a laboratory course shall not exceed the number for which the laboratory was designed and is equipped to serve safely.

A higher ratio may be allowed for long term non-traditional scheduling or large group instruction in grades 1-12 with approval of the Commissioner.

A higher ratio may be allowed without Commissioner approval for occasional short-term instruction at the option of the school board. In cases of enrollments that are unexpectedly large, the maximum ratio for schools and classes may be exceeded for up to 45 calendar days at the discretion of the school board. If the enrollment problem remains unresolved, the superintendent shall submit a written request to the Commissioner for a student-teacher ratio waiver prior to the end of the 45-day period. The Commissioner may grant a waiver of ratios when undue hardship exists due to limited financial, physical, or human resources. Such a waiver shall include stipulated conditions deemed necessary to the health, safety, or education of affected students.

Superintendent. The school board of each school administrative unit shall employ a superintendent of schools certified in the State of Maine, whether or not the unit operates a school. 20-A M.R.S. Chapter 101.

Principal. A principal certified in the State of Maine shall supervise the operation and management of each school and school property, unless it is determined to be unnecessary by the superintendent under policies established by the school board. A superintendent may, on an annual basis, request an exception to the employment of a principal to lead a school and the Commissioner may approve the request, which may be based on hardship due to the small size of a school, a school's geographic location, or other extenuating circumstances. 20-A M.R.S. Chapter 504.

Professional Personnel. Professional personnel, including but not limited to teachers, counselors, library-media specialists, other education specialists, assistant superintendents, curriculum directors, special education directors, assistant principals, and other administrators, shall hold certification appropriate to their assignments and any state licenses required by statute and Maine Department of Education Regulation 115. 20-A M.R.S. §4502(4), Chapter 501 and 502.

Support Personnel. Support personnel, including but not limited to educational technicians, secretaries, cooks, custodians, and bus drivers, shall meet all applicable state requirements for authorization or approval, as specified in Maine Department of Education Regulation 115. 20-A M.R.S. §4502(4), Chapter 502.

Attendance Coordinator. Each school board shall appoint an attendance coordinator in accordance with 20-A M.R.S. §5052-A.

School Medical Personnel. Each school board shall appoint, annually, a school physician to advise the school board on school health issues, policies, and practices. The school physician may examine and diagnose but not treat students or employees unless it is necessary to protect the health of the students in the school administrative unit. Each school board shall appoint a certified school nurse to supervise and coordinate health services for the unit. The school board may contract for the services of qualified school medical personnel. 20-A M.R.S. Chapter 223.

5.03 Physical Facilities

Adequacy of Facilities. School facilities shall have adequate space with respect to student enrollment, the instructional program, and necessary administrative and supporting services. 20-A M.R.S. §§ 1001(2), 4001, 4502(5)(C).

Each classroom or laboratory shall be adequate to safely serve the specific purpose for which it is intended and shall have sufficient area to accommodate each student.

Each school shall maintain a designated area that affords access to library-media resources, as appropriate to the age of students in the school.

Storage space shall be provided so that materials and equipment may be securely stored in a space other than in student instructional areas. Storage of hazardous materials shall be in accordance with OSHA requirements.

Areas used for the provision of student services and health services shall be adequate to provide for the privacy and confidentiality of such services.

5.04 Requirements for Equipment and Libraries

Each school shall maintain a library-media program that includes books, written materials, online Internet resource materials, multimedia materials, and information technology that supports the curriculum. Resources shall be appropriate to the ages of the children served by the school. A certified library-media specialist shall oversee the library-media program in a school administrative unit. However, this shall not be interpreted to mean that each school within a school administrative unit must have a certified library-media specialist.

The library-media resources, including access to the Internet, shall be accessible to all enrolled students and personnel during school hours. The school administrative unit shall have a policy governing access to library resources by students in approved equivalent instruction programs in accordance with state law.

The Comprehensive Education Plan shall address updating and maintaining library-media resources.

20-A M.R.S. §§ 1001(10-A), 1055(4), 4002, 4502(5)(D), Chapter 801.

5.05 Minimum School Size

Where a school administrative unit operates a secondary school of fewer than 100 students or an elementary school of fewer than 10 students, it shall annually evaluate, as part of the Comprehensive Education Plan adopted by the school board, whether it is necessary or profitable to maintain the school building, and whether the enrollment of the school is sufficient for students to meet the content standards of the system of Learning Results. The procedures set forth in 20-A M.R.S. §4102 shall be followed when closing any school. 20-A M.R.S. §4502(5)(E).

5.06 Grade and Program Organization

The grade and program organization of schools in a school administrative unit that operates one or more schools shall provide a developmental continuum that gives students the opportunity to meet the content standards of the system of Learning Results. The school organization shall facilitate achievement of the goals in the unit’s Comprehensive Education Plan. If there is more than one school in the unit serving a grade level, the school board shall determine which students attend each school. 20-A M.R.S. §4502(5)(F).

Schools shall implement developmentally appropriate educational practices for kindergarten to grade 2 that:

Address all domains of development, including cognitive, social/emotional, and physical well-being, across established developmental trajectories;

Provide experiential learning across disciplines through both teacher-directed instruction and student-directed engagement with concrete materials;

Are culturally relevant to the lives of children in this age/grade span; and

Are guided by formative assessment practices, including teacher observation.

5.07 Assessment and Evaluation of Student Performance for School Improvement

School administrative units shall demonstrate how school and student assessment data are used to evaluate, develop, and improve curriculum, instruction, and assessment. 20-A M.R.S. §4502(5)(G), Chapter 222; Maine DOE Rule Chapter 127.

5.08 Student Support Services

Each school administrative unit shall have a Comprehensive School Counseling Program. 20-A M.R.S. §4502(5)(H).

5.09 Records, Record Keeping and Reporting Requirements

Records, record keeping and reporting requirements shall be maintained according to 20-A M.R.S. Chapter 221, §1055, and Schedule 18, School Records. A roster of resident, tuition, and transfer students will be maintained as outlined in this Section.

The superintendent of each school administrative unit shall maintain a roster of all resident and tuition students attending schools operated by the unit.

The superintendent of each school administrative unit shall maintain a roster of all students eligible to attend school within the unit who are receiving equivalent instruction in an approved or non-approved private school, or in an approved equivalent instruction program.

The superintendent of each school administrative unit shall maintain a roster of all students who have been expelled by school board action, who have dropped out of the unit, who have withdrawn from the unit, or who are truant.

The superintendent of each school administrative unit shall maintain a roster of all students who have been approved for transfer into the unit or to another unit.

5.10 Health, Sanitation and Safety Requirements

Health and Safety Requirements. Health and safety requirements shall include water and sanitation requirements per Maine Department of Health and Human Services Regulations. All school facilities, which shall include buildings, grounds, and equipment necessary for the provision of instructional programs, shall be operated and maintained in safe, healthful, and sanitary condition.

Water. Drinking water from sanitary fountains shall be available in each school.

Sanitary Facilities. Each school building shall be provided with an adequate number of toilets that are clean, private, well supervised, of the flush water type and connected to a sewage disposal system approved by the Department of Health and Human Services. Toilet rooms with a single toilet cannot be designated as “female” or “male.” Toilet rooms shall include wash sinks that are connected to an adequate, pressurized water supply. The sanitary conditions of each school shall be inspected regularly.

Air Quality. Each room used for instructional purposes shall have sufficient air changes to produce healthful conditions and to avoid odors or concentrations of toxic substances or dust particles. Temperatures shall be kept at a level that provides a comfortable environment for employees and students. If the heating, ventilating, and air-conditioning (HVAC) systems are mechanically driven, they shall be maintained and in compliance with HVAC regulations and rules. The school administrative unit will utilize the best-available practice national standards of the American Society of Heating, Refrigerating and Air Conditioning Engineers (ASHRAE) for inspection, maintenance, ventilation and filtration.

School Inspections. Fire and safety inspections shall be conducted in the school, in compliance with State code, at least once every five years. The school board shall cause any deficiencies to be corrected in the timeframes specified.

20-A M.R.S. §§ 6302, 6501.

5.11 Training and Development of All Personnel

Each school board shall establish a system for training and development of all personnel that is aligned with the system of Learning Results as established in 20-A M.R.S. §6209. School boards shall establish a system of professional training and development that fosters continuous improvement and is differentiated to be relevant to all personnel. 20-A M.R.S. §§ 1001(13), 4502(5)(L-1), 13015-A.

5.12 Restraint and Seclusion

School boards and school personnel shall recognize the proper use of physical restraint and seclusion as an emergency intervention when the behavior of a student presents a risk of injury or harm to the student or others. Restraint and seclusion shall be administered in accordance with requirements adopted by the department. 20-A M.R.S. §4502(5)(M); Maine DOE Rule Chapter 33.

5.13 Medication Administration

School administrative units shall have a written local policy and implement training for all unlicensed personnel who administer medication in accordance with the requirements under 20-A M.R.S. §254(5). 20-A M.R.S. §4502(5)(N); Maine DOE Rule Chapter 40.

5.14 Reintegration Planning Training

School administrative units shall have a written local policy and implement training for all school counselors and school personnel who administer reintegration planning, who participate on a reintegration team, and who have access to confidential criminal justice information regarding juveniles. 20-A M.R.S. §§ 4502(5)(O), 1055(12).

5.15 Family Outreach and Support Programs

School administrative units shall provide family outreach and support programs designed to improve parent engagement and parent-school relations consistent with 20-A M.R.S. §4252(8). Programs shall have written policies and procedures that demonstrate intentional, strength-based practices designed to foster strong reciprocal relationships with families. These practices include, but are not limited to: open houses, parent conferences, parent education opportunities, newsletters, family events, and program evaluations. Policies and procedures are to be translated in languages understandable to parents. 20-A M.R.S. §4502(5)(P).

5.16 Promotion, Retention, Acceleration and Graduation of Students

School administrative units shall have policies to guide promotion, retention, and graduation of students. 20-A M.R.S. §§ 4502(1), 4722; Maine DOE Rule Chapter 127.

5.17 Lockdown Drills and Emergency Evacuation Drills

Schools are required to conduct lockdown drills as well as emergency evacuation drills. Written procedures for emergency evacuation drills shall be posted in all buildings. Written procedures for lockdown drills shall not be posted. Schools at all levels K-12 are required to hold two drills during the first two weeks of school. Schools enrolling grades K-4 shall hold an additional eight drills during the year; schools enrolling grades 5-8, an additional six drills; and schools enrolling grades 9-12, an additional four drills. Schools enrolling any combinations of these grade levels shall hold the additional number of drills required of the lowest grade level within the span, except that the local fire chief may increase the number of drills required. Results shall be recorded and deficiencies noted and corrected using local code compliance forms. School personnel shall receive an annual orientation in drill requirements. SAUs must develop and maintain Comprehensive Emergency Management Plans that require school board approval pursuant to 20-A MRS 20-A M.R.S. §1001(16); 1 M.R.S. §402(3)(L).

5.18 Multi-tiered System of Support

All school administrative units are required to develop and implement a multi-tiered system of support, kindergarten to grade 12, that provides each child with differentiated learning experiences and/or assistance to achieve social and emotional development, meet the content standards of the system of Learning Results, and graduation requirements. These supports must be specific, timely, and based upon ongoing formative assessments that continuously monitor student progress. Public Law 2019, Chapter 219.

A multi-tiered system of support has three distinct levels of intervention available to general education students:

Tier I – Universal Supports. This tier begins with the implementation of core, curriculum, including strategies to assist student development and learning. Typically, these supports are differentiated based on student need and provided to all students within the classroom. Tier I supports continue when Tier II or Tier III interventions are added.

Tier II – Targeted Supports. Supplemental instruction or supports provided to students in addition to Tier 1. These may be provided by qualified staff, including, but not limited to, the classroom teacher, an intervention specialist, or an authorized Educational Technician. Targeted support may involve more intensive practice and/or monitoring of regular classroom activities.

Tier III – Intensive Supports. Intensive instruction or supports provided to students through small group or one-to-one interventions, within the classroom or through an individualized environment, with an increased focus on teaching specific skills.

While there may be variations in how school administrative units develop and implement a multi-tiered system of support, the systems must include:

Assurance that every child is provided with evidence-based core (Tier 1) academic instruction and positive behavioral and social/emotional supports;

A collection of evidence-based, academic, behavioral, and social/emotional Tier II and III interventions that are available for students who need them;

A team-based process to review children’s progress and evaluate whether students who are struggling in any academic, behavioral, or social/emotional area may need more intensive Tier II or III support;

A consistent process of valid, reliable, and age appropriate screening and progress monitoring to evaluate student progress at all tiers;

A method to determine whether a child’s assessed challenges are likely the result of trauma, linguistic, and/or cultural experiences;

A mechanism for including parents in decision-making about a child’s potential participation in Tier II or III activities; and

Provisions for supports to continue during any subsequent special education referral.

The parent may request that a full and individual evaluation for possible special education eligibility determination be conducted at any time during the multi-tiered system of support review process.

Section 6. SCHOOL REVIEWS AND INSPECTIONS

6.01 Procedure

The Commissioner shall review or inspect a school administrative unit as provided in this section, and annually review educational programs for juveniles in corrections facilities. Any report written for the Commissioner as part of a review or inspection shall be presented to the school board in a public meeting, unless the privacy rights of personnel or students require that portions of the report be presented in executive session.

6.02 School Reviews

The Commissioner will initiate a comprehensive review of a school administrative unit when student performance in a school indicates that a review is warranted.

6.03 School Inspections

The commissioner shall inspect a school or schools in a school administrative unit and report the findings and recommendations to the school board, addressing the concerns of the petition in light of applicable school approval standards, when:

A. Petitioned by 60% of the parents of the children in one school in the school administrative unit;

B. Petitioned by 20% of the registered voters of the school administrative unit; or

C. Requested in writing by the school board or by the superintendent.

Section 7. SCHOOL APPROVAL STATUS

7.01 Initial Approval Procedures

A. A school administrative unit shall obtain initial approval from the Commissioner prior to opening a new school.

1. A school administrative unit seeking initial approval status for any school shall make this intention known to the Commissioner in writing as soon as possible prior to the initial opening. School units that have received school construction approval from the State Board of Education shall be deemed to have met this notice requirement.

2. Prior to the initial opening, the facility shall complete any local code enforcement requirements and be approved for safety by the State Fire Marshal or local municipal fire department official, and certified as sanitary by the Department of Health and Human Services.

3. For a new school administrative unit or other public school, adoption of a proposed Comprehensive Education Plan shall be on the agenda of at least one meeting of the school board. The school board shall invite participation and discussion of the Plan by parents, citizens, staff, and students. After receiving comments on the proposed Plan, the school board shall review the proposal, make any modifications deemed appropriate, and adopt a final Comprehensive Education Plan prior to the initial opening.

B. Initial approval status shall be awarded when the Commissioner determines that the school is likely to comply with all approval standards.

C. Within six weeks after student occupancy, representatives of the Commissioner may visit the school while it is in session to determine if all applicable school approval standards are being met.

1. If school approval standards are not being met, initial approval status shall continue until compliance is demonstrated or until the end of the school year, whichever is the earlier date.

2. Upon obtaining final approval by the Commissioner, the school administrative unit shall be entitled to operate the school and to receive state subsidy aid to which it is otherwise entitled.

7.02 Provisional Approval

A. A school that is determined by the Commissioner not to comply with applicable school approval standards shall be placed on provisional approval. Failure to submit School Approval Reports, other than financial reports, in a timely manner and in accordance with this rule, shall result in provisional approval status. Failure to submit financial reports in a timely manner shall result in a withholding of state subsidy in accordance with Section 7.03.B.

B. When placing a school on provisional approval status, the Commissioner shall take the following actions:

1. The Commissioner shall notify, in writing, the superintendent responsible for any schools placed on provisional approval status and shall include a statement of the reasons for provisional approval status.

2. Representatives of the Commissioner shall meet with the superintendent and shall determine a reasonable deadline for achieving compliance with school approval standards.

3. A school or school administrative unit on provisional approval status shall be required to file with the Commissioner an acceptable written plan of corrective action as part of the Comprehensive Education Plan. The Commissioner may assign a school assistance team in accordance with Maine Department of Education Regulation 127.

4. Failure to file a required plan of corrective action shall result in enforcement action by the Commissioner, pursuant to Section 7.03 of this rule.

C. The Commissioner shall restore full approval status upon the Commissioner’s determination of compliance with school approval standards.

7.03 Enforcement Measures

A. Notice of Failure to Comply

The Commissioner shall give written notice of pending enforcement action to the superintendent of any school or school administrative unit that fails to comply with school approval standards by the established deadlines in statute or in the plan of corrective action established in Section 7.02.B.3. Such notice shall include a statement of the laws and regulations with which the school or school administrative unit fails to comply. School administrative units failing to comply with school approval standards shall be given notice and the opportunity for a hearing.

B. Penalties

The Commissioner may impose the following penalties on schools or school administrative units until compliance is achieved:

1. Withhold state subsidy and other state funds from the school or school administrative unit;

2. Refer the matter to the Attorney General, who may seek injunctive relief to enjoin activities not in compliance with the governing statute or seek any other remedy authorized by law; or

3. Employ other penalties authorized in statute or authorized/required by federal law.

Section 8. WAIVERS

The Commissioner may grant a waiver from compliance with any provision of this rule.

8.01 Application

The Commissioner may grant a waiver upon finding that, due to unforeseeable circumstances or undue hardship, the school administrative unit is unable to comply with this chapter and that the compliance plan that the school administrative unit has submitted is reasonable. In such cases the application for a waiver shall contain:

A. Documentation of actions taken to meet the requirements prior to applying for the waiver;

B. A description of the unforeseeable circumstances or undue hardships, including financial hardship, that led to the application;

C. A statement explaining how the waiver requested will not create learning inequities for the students enrolled in the schools in the school administrative unit; and

D. The plan that the school administrative unit will implement to reduce reliance on waivers in subsequent years.

History

• STATUTORY AUTHORITY: 20 MRS §4502(5)
• CHAPTER TITLE: February 14, 1974 - "School Evaluation Procedures:
• CHAPTER TITLE: February 28, 1983 - "Requirements for Basic Approval and Accreditation of Schools"
• CHAPTER TITLE: August 25, 1985 - "Basic Approval Standards: Public Schools and School Units"
• EFFECTIVE DATE: February 14, 1974 (filed October 23, 1978)
• AMENDED: March 19, 1980
• AMENDED: March 4, 1983
• AMENDED: September 1, 1985
• AMENDED: June 25, 1986
• AMENDED: July 1, 1989
• AMENDED: February 25, 1990 - Sections 5(C), 12(D), 23(B)
• EFFECTIVE DATE: March 4, 1983
• EFFECTIVE DATE: February 14, 1974 (filed October 23, 1978)
• AMENDED: October 27, 1979
• AMENDED: March 19, 1980
• AMENDED: March 4, 1983
• REPEALED AND REPLACED: September 19, 1989 - replaced by Chapter 138
• EFFECTIVE DATE (ELECTRONIC CONVERSION): May 19, 1996
• AMENDED: July 29, 2001 - added 125.17(D)
• AMENDED: April 27, 2002 - filing 2002-104 accepted March 28, 2002: 125.17(D) removed from Chapter 125 and established as new Chapter 33, "Regulations Governing Timeout Rooms, Therapeutic Restraints and Aversives in Public Schools and Approved Private Schools"
• REPEALED AND REPLACED: June 26, 2002 - as "Basic Approval Standards: Public Schools and School Administrative Units", filing 2002-208 accepted June 21, 2002
• NON-SUBSTANTIVE CORRECTIONS: October 17, 2002 - punctuation, numbering, spelling, one numbered internal reference
• AMENDED: May 14, 2015 – Section 6.02, authorized by Public Law 2015 ch. 60
• AMENDED: December 19, 2015 – Section 10.02(A)
• REPEALED AND REPLACED: May 23, 2020 - filing 2020-102 (Final adoption, major substantive)
• AMENDED: August 24, 2020 – filing 2020-190 (Emergency adoption, major substantive), affecting Section 5.01(E)
• REVERTED: August 24, 2021 – emergency major substantive filing 2020-190 expired, reverted to filing 2020-102
• AMENDED: June 10, 2022 – filing 2022-091 (Final adoption, major substantive), affecting Section 5.10(D)

Chapter 126 Immunization Requirements for School Children (a joint rule with the Department of Health and Human Services, Center for Disease Control and Prevention, Ch. 261)

Code Me. R. 05-071 Ch. 126 Immunization Requirements for School Children (a joint rule with the Department of Health and Human Services, Center for Disease Control and Prevention, Ch. 261) {#sec-05-071-ch.-126 omnilex-key=us-me-regs-official--dept-education-and-state-board-education--05-071 Ch. 126}

Department of Health and Human Services

Maine Center for Disease Control and Prevention

AND

05-071 CODE OF MAINE RULES

CHAPTER 126

Department of Education

Last Amended: May 25, 2026

10-144 DEPARTMENT OF HEALTH AND HUMAN SERVICES

MAINE CENTER FOR DISEASE CONTROL AND PREVENTION

Chapter 261: IMMUNIZATION REQUIREMENTS FOR SCHOOL CHILDREN

A joint rule with

05-071 DEPARTMENT OF EDUCATION (COMMISSIONER)

Chapter 126: IMMUNIZATION REQUIREMENTS FOR SCHOOL CHILDREN

SUMMARY

This rule is issued jointly by the Commissioner of Education and the Director of the Maine Center for Disease Control and Prevention within the Department of Health and Human Services, to implement the provisions within 20-A M.R.S. §§ 6352-6358. It prescribes the dosage for required immunizations for children enrolled and/or attending elementary and secondary schools and defines record-keeping and reporting requirements for school officials. For the purpose of complying with this rule, “licensed” physicians, nurse practitioners and physician associates mean licensed by the State of Maine.

NOTICE

The Maine State Legislature has designated rules specifying diseases for which immunization is required as major substantive rules (20-A M.R.S. § 6358(1)). Subsections 1(A)(4) and 2(A) of this rule are promulgated through major substantive rulemaking.

SECTION 1. DEFINITIONS Page 1

SECTION 2. IMMUNIZATION REQUIRED Page 2

SECTION 3. EXCEPTIONS Page 2

SECTION 4. DOCUMENTATION OF IMMUNIZATION OR IMMUNITY Page 3

SECTION 5. IMMUNIZATION SCHEDULE Page 5

SECTION 6. EXCLUSION FROM SCHOOL Page 8

SECTION 7. RECORDS AND RECORD KEEPING Page 9

SECTION 8. REQUIRED REPORTS Page 10

History

• STATUTORY AUTHORITY Page 11
• SECTION 1. DEFINITIONS
• For the purpose of this rule, the following terms have the following meanings:Certificate of immunization means a written statement from a physician, physician associate, nurse, nurse practitioner, public health official authorized to immunize, or other individual authorized to administer vaccines who has administered an immunizing agent to a child, specifies that the required dosage was administered in accordance with Section 5 of this rule, and the month, day and year in which it was administered.
• 2. Child entering school means any child who enters a school for the first time via pre-kindergarten or kindergarten enrollment process, transfers from one school to another, or otherwise enrolls in a school for the first time.
• 3. Combination immunizing agent means a vaccine, toxoid or other substance used to increase an individual’s immunity to more than one disease.
• 4. Disease means diphtheria, varicella (chickenpox), measles, mumps, pertussis, poliomyelitis, rubella, meningococcal meningitis and/or tetanus.
• 5. Enroll means to complete a formal procedure of adding or maintaining a student to a roster as a pupil in a public school or school administrative unit, as appropriate, or private school.
• Immunizing agent means a vaccine, toxoid or other substance used to increase an individual’s immunity to disease.Immunization record means any documentation that includes the student’s certificates of immunization, proof of immunity, parental written assurance, parental consent for student to receive immunizations, and immunization exemptions, as applicable.
• 8. Parent means a child’s parent, legal guardian, or custodian. A person is regarded as a child’s custodian if that person is an adult and has assumed legal charge and care of the child.
• 9. Proof of Immunity means laboratory evidence of immunity or history of immunity provided in accordance with Section 4(B) or (C) of this rule.
• 10. Public health official means, in accordance with 20-A M.R.S. § 6353(6), a local health officer, the Director of the Maine Center for Disease Control and Prevention, Department of Health and Human Services, or any designated employee or agent of the Department of Health and Human Services.
• 11. School means any public or private elementary or secondary or special education facility providing instruction for any combination of pre-kindergarten through grade 12. For the purpose of complying with this rule, this definition includes in-person classes and remote learning programs offered by the school.
• 12. Summary report means the annual report required by 20-A M.R.S. § 6357(2).
• 13. Superintendent means the superintendent of a school administrative unit or his designee, or the chief administrative officer of a private school.
• SECTION 2. IMMUNIZATION REQUIRED
• Parental Responsibility
• Except as otherwise prohibited by law, every parent must cause to be administered to his child the required dosage of an immunizing agent against each of the following diseases:
• Diphtheria Measles Meningococcal meningitisMumps Pertussis
• 6. Poliomyelitis
• 7. Tetanus
• 8. Rubella
• 9. Varicella
• Superintendents’ Responsibility
• Unless exempt by law and this rule, no superintendent may permit any student to be enrolled in or to attend school without a certificate of immunization for each disease listed in this rule or proof of immunity against each disease.
• SECTION 3. EXCEPTIONS
• A. A child entering school who does not provide a certificate of immunization or proof of immunity against a disease listed in this rule is not permitted to enroll in or attend school unless one or more of the following circumstances apply:
• Written Assurance from Parent of Private Effort to Immunize Child: The parent provides the school with a written assurance that the child will be immunized by private effort within 90 days of enrollment or of the child first attending, whichever date is the earliest, in accordance with 20-A M.R.S. § 6355(1).
• The granting of this 90-day period to allow the student to catch up on missed or delayed vaccination is a one-time provision. If, after 90 days have passed, the parent fails to provide the required certificate of immunization, a medical exemption in accordance with 20-A M.R.S. § 6355(2), or proof of immunity against each of the diseases listed in this rule (as applicable), then the superintendent must exclude the student from school and may permit the student’s return upon receipt of evidence of the required immunizations, immunity or exemption under law.
• Written Consent to Immunize Child: The parent grants written consent for the child’s immunization as part of a school-located vaccination clinic, where such programs are in effect.Medical exemption in accordance with 20-A M.R.S. § 6355(2). Individualized Education Plan: In accordance with 20-A M.R.S. § 6355(4), a student covered by an individualized education plan on September 1, 2021 who elected a philosophical or religious exemption from immunization requirements on or before September 1, 2021 pursuant to the law in effect prior to that date, may continue to attend school under that student’s existing exemption as long as:The parent or guardian of the student provides a statement from a licensed physician, nurse practitioner or physician associate that the physician, nurse practitioner or physician associate has consulted with that parent or guardian and has made that parent or guardian aware of the risks and benefits associated with the choice to immunize; orIf the student is 18 years of age or older, the student provides a statement from a licensed physician, nurse practitioner or physician associate that the physician, nurse practitioner or physician associate has consulted with that student and has made that student aware of the risks and benefits associated with the choice to immunize.
• If a student has an immunization exemption in accordance with this section, the student will be able to maintain that exemption after dismissal from special education services and will be considered exempt until the child is no longer eligible for free, appropriate public education (FAPE).
• SECTION 4. DOCUMENTATION OF IMMUNIZATION OR IMMUNITY
• At least one of the following types of documentation is required for each disease listed in Section 2(A) of this rule, in order for a student to be considered immune or immunized under this rule.
• Certificate of Immunization
• 1. To demonstrate adequate immunization against each disease, a child must present the school with a certificate of immunization from a physician, nurse, nurse practitioner, physician associate, public health official or other individual authorized to administer vaccines who has administered the immunizing agent(s) to a child.
• 2. The certificate of immunization must demonstrate that the required doses were administered in accordance with Section 5 of this rule and indicate the month, day and year in which they were administered.
• Laboratory Evidence of ImmunityUsing laboratory evidence to demonstrate immunity is only permitted when a child has received all required doses under Section 5 but is unable to provide the certificate of immunization in Section 4(A) of this rule.In the absence of a certificate of immunization in Section 4(A) or exception in Section 3, the child must present the school with a laboratory report of a titer indicating evidence of immunity to each disease for which immunization is required.History of Immunity For Varicella (chickenpox) disease only, the child may present the school with reliable documented history of immunity provided by a physician or other primary care provider that the child had the Varicella disease.None of the other diseases listed under Section 2(A) of this rule may demonstrate immunity through the method described in Section 4(C)(1) above.
• SECTION 5. IMMUNIZATION SCHEDULE
• The following schedule shows the minimum requirements for immunizing agents administered to children enrolling in or attending school.
• A. Standards
• The following standards apply when determining dosage adequacy:
• If an immunizing agent is administered up to four days before the minimum required age or interval for administration of the vaccine, the immunization dosage is adequate. Two or more different live virus vaccines (i.e., MMR, Varicella, Live Attenuated Influenza Vaccine (LAIV), and/or yellow fever) administered on different days must be separated by at least 28 days. No allowance for a shorter separation than this 28-day interval is permitted. A combination immunization agent is adequate to meet the requirement for immunization against a disease if:The combination immunization agent increases immunity against the disease; andThe dose of each immunization agent within the combination meets the age and interval requirements set forth in this Section.
• B. Diphtheria/Tetanus/Pertussis (DPT/DTaP/Tdap/Td) Schedule:
• For students enrolling in or attending pre-kindergarten, four doses of DPT/DTaP are required, in accordance with the following:
• a. The minimum age for each student to receive the first dose of DPT/DTaP is 6 weeks old;
• b. The first and second doses must be separated by at least 4 weeks;
• c. The second and third doses must be separated by at least 4 weeks; and
• d. The third and fourth doses must be separated by at least six months.
• For students enrolling in or attending kindergarten and the grades above kindergarten, one primary series of DPT/DTaP is required, in accordance with the following:The primary series for each student enrolling in or attending school at six years old or younger requires at least five doses of DPT/DTaP, unless Section 5(B)(2)(a)(vi) applies. The minimum age for each student to receive the first dose of DPT/DTaP is 6 weeks old;The first and second doses must be separated by at least 4 weeks;The second and third doses must be separated by at least 4 weeks;The third and fourth doses must be separated by at least 6 months;The fourth and fifth doses must be separated by at least 6 months; and The fifth dose is not required if the fourth dose was administered on or after the student’s fourth birthday and at least 6 months after the third dose. The primary series for each student enrolling in or attending school at seven years old or older requires the student to receive at least three doses of DPT/DTap:The minimum age for each student to receive the first dose of DPT/DTaP is 6 weeks old;The first and second doses must be separated by at least 4 weeks; andThe second and third doses must be separated by at least 4 weeks.
• c. For students who have not completed their primary DTP/DTaP series in accordance with Section 5(B)(2)(a) or (b) above, a single dose of Tdap is required, followed by either Tdap or Td until the student is administered three doses.
• i. The minimum age for each student to receive Tdap is 7 years old.
• ii. The first and second doses of Tdap must be separated by at least 4 weeks; and
• iii. The second and third doses of Tdap must be separated by at least 6 months.
• For students enrolling in or attending grades seven and above, in addition to the DPT/DTaP primary series, one dose of Tdap is required, in accordance with the following: The minimum age for each student to receive Tdap is 7 years old.Any valid dose of Tdap administered at age 7 or older satisfies the requirement for entry in grades seven and above, including Tdap doses given as part of the primary series.
• C. Measles/Mumps/Rubella (MMR) Schedule:
• 1. For students enrolling in or attending pre-kindergarten, one dose of MMR vaccine is required, in accordance with the following:
• The minimum age for each student to receive the first MMR dose is 1 year old.
• 2. For students enrolling in or attending kindergarten and grades above kindergarten, two MMR vaccine doses are required, in accordance with the following:
• The minimum age for each student to receive the first MMR dose is 1 year old;The first and second MMR vaccine doses must be separated by at least 4 weeks; and If MMRV is administered as an alternative combination immunization agent, the minimum interval period between MMRV doses must be at least 3 months.
• D. Poliomyelitis (IPV/tOPV) Schedule:
• For students enrolling in or attending pre-kindergarten, three doses of IPV/tOPV vaccine are required, in accordance with the following: The minimum age of each student for the first IPV/tOPV dose is 6 weeks old;The first and second Poliomyelitis doses must be separated by at least 4 weeks; and The second and third Poliomyelitis doses must be separated by at least 4 weeks. For students enrolling in or attending kindergarten and grades above kindergarten, through 12, four doses of IPV/tOPV vaccine are required, (unless Section 5(C)(2)(c) applies), in accordance with the following:
• a. The minimum age for each student to receive the first Poliomyelitis dose is 6 weeks old;
• b. The first and second Poliomyelitis doses must be separated by at least 4 weeks;
• c. The second and third doses must be separated by 4 weeks;
• d. The third and fourth doses must be separated by at least 6 months; and
• e. The fourth dose is not required if the student receives the third dose on or after the student’s fourth birthday and at least 6 months after the previous dose.
• E. Varicella Schedule:
• For students enrolling in pre-kindergarten, one dose of Varicella vaccine is required, in accordance with the following:The minimum age for each student to receive the first dose of Varicella vaccine is 1 year old.For students enrolling in kindergarten and grades above kindergarten, two doses of Varicella vaccine are required, in accordance with the following:The minimum age for each student to receive the first dose of Varicella vaccine is 1 year old;The first and second doses of Varicella vaccine doses must be separated by at least 3 months, if the student is younger than 13 years old;The first and second doses of Varicella vaccine doses must be separated by at least 4 weeks, if the student is 13 years old or older; andIf MMRV is administered as an alternative combination immunization agent, the minimum interval period between MMRV doses must be at least 3 months.
• F. Meningococcal Meningitis (MenACWY) Schedule:
• 1. For students enrolling in or attending seventh through eleventh grade, one dose of MenACWY vaccine is required, in accordance with the following:
• The minimum age for each student to receive the first dose of MenACWY vaccine is 10 years old.
• 2. For students enrolling in or attending twelfth grade, two doses of MenACWY vaccine doses are required, in accordance with the following:
• a. The minimum age for each student to receive the first dose of MenACWY vaccine is 10 years old; and
• b. The first and second doses must be separated by at least eight (8) weeks.
• c. If the first dose is administered when the child is sixteen years old or older, only one dose is required.
• SECTION 6. EXCLUSION FROM SCHOOL
• Exclusion by Order of Public Health Official
• A child not immunized or immune from a disease must be excluded from school and school activities when a public health official determines that the child’s continued presence in school poses a clear danger to the health of others. The superintendent must exclude the child from school and school activities during the period of danger, or until the child is immunized. If another child attending the same school is infected with, or shows symptoms of, the same disease during the period of danger, the exclusion period for the student who is not immunized or immune must be extended for another full term of the incubation period set forth below.
• Each of the following periods is defined as a “period of danger”:
• Measles: 15 days (one incubation period) from the onset of symptoms of the last identified case in the school.Rubella: 23 days (one incubation period) form the onset of symptoms of the last identified case in the school.Mumps: 18 days (one incubation period) from the onset of symptoms of the last identified case in the school.Varicella: 21 days (one incubation period) from the onset of symptoms of the last identified case in the school.
• In accordance with 20-A M.R.S. § 6356(1), the superintendent must make arrangements to meet the educational needs of any child excluded from school for more than ten days. This section does not require the provision of off-site classes or tutoring.
• Exclusion by Order of Superintendent
• In addition to children who do not meet the immunization requirements of this rule, a superintendent may also exclude from school and school activities any enrolled child showing symptoms of a communicable or infectious disease reportable under Title 22 chapter 250, subchapter 3 or that pose a public health threat, in accordance with 20-A M.R.S. § 6301. The superintendent must also exclude from school any child entering school or employee who has contracted or has been exposed to a communicable disease as directed by a physician after consultation with the Department of Health and Human Services Maine Center for Disease Control and Prevention.
• Exclusion by Order of Department of Health and Human Services
• The Department of Health and Human Services is authorized to order removal of an enrolled child, in accordance with 22 M.R.S. § 806 and 10-144 C.M.R. ch. 258, in the event of an actual or threatened outbreak of a communicable disease or other public health threat.
• SECTION 7. RECORDS AND RECORD-KEEPING
• Designated Record Keeping Each superintendent, defined in this rule to include superintendents of public schools or the superintendent’s designees and each chief administrative officer of private schools, is responsible for the maintenance of immunization records. If immunization and student health records are physically maintained in individual school buildings, a designated person in each building must have responsibility for supervision of the records.Student Immunization RecordsEach school/unit is required to maintain a uniform immunization record for each child entering school as defined in Section 1. Records will be considered uniform if they contain the information required by Section 1(A) and 7 and are accessible to the designated recordkeeper without undue delay.The immunization status of each student regarding each disease listed in this rule must be noted on the child’s individual student immunization record.
• 3. These immunization records are confidential, except that state and local public health personnel may access them, as provided by the United States Family Educational Right and Privacy Act of 1974, 20 U.S.C. §1232g (b)(1) and the regulations adopted under that Act.
• 4. Whenever a superintendent permits a non-immunized student to attend school based on an exemption in accordance with this rule and 20-A M.R.S. § 6355, the school official responsible for maintaining student health records must keep a record of such exemptions. Each such record must include the date of acceptance and date that the exemption expires.
• List of Non-Immunized ChildrenThe school official responsible for maintaining student immunization records in each school unit or school must keep a listing of the names of all children within the school unit or school who are not currently immunized against each disease. This list must include the names of all students with authorized exemptions from immunizations, including time-limited exemptions permitted in accordance with Section 3(A) of this rule and 20-A M.R.S. § 6355 (1), as well as any who might not be in compliance with the law. The purpose of the list is to provide an efficient means of identifying non-immunized children in the event of a disease outbreak.A child entering school who has not received all the required doses of vaccine in accordance with this rule must not be permitted to attend school beyond the first day, except as provided in Section 3 or Section 4(C) of this rule. When the child is permitted to return, the list must be updated accordingly.
• SECTION 8. REQUIRED REPORTS
• Superintendent’s Responsibility
• The superintendent is responsible for submitting a summary report regarding the immunization status of students within his or her jurisdiction by December 15 of each year, on a prescribed form, to the Department of Health and Human Services and the Department of Education.
• Summary Report
• The summary report will include the following information at a minimum: specific information identifying the school, the superintendent, the total student enrollment, the number of new students identified by vaccine type, as either immunized, exempt or out of compliance, and the number of students who are previously enrolled and unimmunized. The summary report will not include the name or any other personally identifying information of any individual student. The report must denote the number of students enrolled pursuant to a written assurance exemption. The summary report will be constructed so as to reflect meaningful data by grade. The school superintendent must certify each report as accurate and complete.
• STATUTORY AUTHORITY: 20-A M.R.S. §§ 6352-6358
• EFFECTIVE DATE: May 29, 1985
• EFFECTIVE DATE (ELECTRONIC CONVERSION): May 5, 1996
• AMENDED: July 14, 1996 (APA Office Note: the Education Department version, 05-071 Ch. 126, does not appear to have been amended since May 29, 1985.)
• NON-SUBSTANTIVE CORRECTIONS: January 15, 2002 - minor formatting, history notes
• AMENDED: May 26, 2002
• AMENDED: December 21, 2016 – filing 2016-228 (a joint rule with the Department of Education, Ch. 126)
• AMENDED: May 10, 2018 – filing 2018-059 (a joint rule with the Department of Education, Ch. 126)
• AMENDED: September 25, 2021 – filing 2021-187 (a joint rule with the Department of Education, Ch. 126)
• AMENDED: APAO WORD VERSION CONVERSION (IF NEEDED) AND ACCESSIBILITY CHECK:
• AMENDED: July 16, 2025
• AMENDED: May 25, 2026 - filing 2026-119 (a joint rule with the Department of Education, 05-071 C.M.R. Ch. 126)

Chapter 127 Instructional Program, Assessment, and Diploma Requirements

Code Me. R. 05-071 Ch. 127 Instructional Program, Assessment and Diploma Requirements {#sec-05-071-ch.-127 omnilex-key=us-me-regs-official--dept-education-and-state-board-education--05-071 Ch. 127}

SUMMARY: Maine law requires the Commissioner to prescribe the basic instructional requirements for the public elementary and secondary schools regarding compliance with the system of Learning Results. The school board of each school administrative unit may prescribe, subject to approval of the Commissioner, instructional requirements in addition to the minimum requirements of this rule.

Section 1. General Objectives

This rule establishes the instructional program requirements, requirements for local assessment systems, and secondary school diploma standards for the public schools of the state, and for private schools that do not receive school approval through accreditation by the New England Association of Schools and Colleges.

Parents shall be responsible for the education of a child not educated at public expense, including a child whose education is provided through an equivalent instruction plan as set forth in Me. Dept. of Ed. Reg. 130. These students are not required to meet the content standards of the system of Learning Results.

Section 2. Definitions

The following terms used in this chapter shall have the meanings stated here.

2.01 Accommodations: “Accommodations” means the changes made in an assessment based on the needs of a student as established in the student’s Individual Education Plan or Section 504 plan. These changes must not compromise the validity of the assessment.

2.02 Aggregate Up: “Aggregate Up” means a method of determining the degree to which a class, grade level, school and school administrative unit meet a particular content standard based on individual student performance data in the local assessment system.

2.03 Alternate Assessment: “Alternate Assessment” means the assessment of content standards for a student whose exceptionality requires accommodations that are so significant that they compromise the validity of the assessment. Use of an alternate assessment must be identified and described in the student’s Individual Education Plan or Section 504 plan.

2.04 Assessment: “Assessment” means an educational instrument or activity designed to determine what a student knows and is able to do.

2.05 Commissioner: “Commissioner” means the Commissioner of the Maine Department of Education or a designee.

2.06 Comprehensive Education Plan: “Comprehensive Education Plan” means a plan that is aligned with the system of Learning Results, focused on the learning of all students, and oriented to continuous improvement, as required of all school administrative units. This plan must address all plans required by the Commissioner.

2.07 Content standard: “Content standard” means a broad description of knowledge and skills in each of the eight content areas of the system of Learning Results. The content standards are set forth in Me. Dept. of Ed. Reg. 131.

2.08 Course: “Course” means a planned unit of instruction in separate or integrated content areas of Maine’s system of Learning Results, under the direction of a certified teacher.

2.09 Course of study: “Course of study” means a planned program of learning designed to prepare students to meet the content standards of the system of Learning Results for each of the grade spans, as specified in local school board policy.

2.10 Curriculum: “Curriculum” means the school administrative unit’s written document that includes the learning expectations for all students for all content areas of the system of Learning Results, as well as for other content areas specified by the school board. The curriculum shall reflect continuous, sequential and specific instruction aligned with the content areas of the system of Learning Results.

2.11 Department: “Department” means the Maine Department of Education.

2.12 Diploma: “Diploma” means the certificate awarded to a student who has met applicable content standards of the system of Learning Results as determined by the local assessment system and any additional requirements established in school board policy.

2.13 Elementary school: “Elementary school” means that portion of a school that provides instruction in any combination of pre-kindergarten through grade 8.

2.14 Essential Programs and Services: “Essential Programs and Services” means those programs and services, as defined by the State Board of Education or adopted by the Legislature, that a school administrative unit offers for each student to have the opportunity to meet the content standards of the system of Learning Results.

2.15 Fairness: “Fairness” means one aspect of validity of an assessment, including whether students have been taught what is being assessed, whether students have equal access regardless of being a member of a class protected under the Maine Civil Rights Act, and ongoing monitoring of the status of both intended and unintended consequences of the assessment.

2.16 Grade span: “Grade span” means the four groupings of grades in the system of Learning Results, as set forth in Me. Dept. of Ed. Reg. 131: pre K-2, 3-4, 5-8, and 9-12.

2.17 Instructional day: “Instructional day” means a school day during which both students and teachers are present, either in a school or in another setting.

2.18 Instructional time: “Instructional time” means that portion of a school day devoted to the teaching-learning process, but not including extra- curricular activities, lunch time, or recess. Time spent on organized field trips related to school studies may be considered instructional time, but the instructional time counted for extended field trips shall not exceed a normal school day for each day of the field trip.

2.19 Junior High School: “Junior High School” means a school that provides at least one course of study in two or more consecutive grades 6 through 9-. In this rule, “middle school” is used instead of “junior high school.”

2.20 Laboratory study: “Laboratory study” means any course in which students are actively involved in the hands-on application of the content standards of the system of Learning Results.

2.21 Local Assessment System: “Local assessment system” means a coordinated collection of assessments administered to students that, as a whole, provides information on individual students, the school, and the school administrative unit with respect to achievement of the content standards of the system of Learning Results.

2.22 Middle School: “Middle School” means a school or portion of a school that provides at least one course of study for two or more consecutive grades 5 through 8. A middle school may be maintained in connection with or as part of an approved elementary or secondary school. In this rule, “middle school” is used instead of “junior high school.”

2.23 Multiple Measures: “Multiple measures” means the many different types of assessments for each content area and grade span administered to each student, and does not mean a repetition of the same assessment for an individual student.

2.24 Performance Indicators: “Performance indicators” means the statements in Me. Dept. of Ed. Reg. 131 that define in specific terms the stages of achievement toward meeting a content standard within each grade span.

2.25 Performance Standards: “Performance standards” means the clear demarcations of student achievement for a given assessment, into the same performance levels as used in the Maine Education Assessment.

2.26 Personal Learning Plan: “Personal learning plan” means a plan for an individual student to meet the content standards of the system of Learning Results, developed collaboratively by teacher, parent, student, and other professional staff as specified by the superintendent. While a plan is required for alternative education students, it is also permitted for any student pre-kindergarten through grade 12.

2.27 Reliability: “Reliability” means the degree to which an assessment produces consistent results. That is, when the results of an assessment have high reliability, a student would be expected to receive a similar score whether judged by a different rater, tested on a different occasion, or administered an equivalent form of the assessment.

2.28 School: “School” means an individual attendance center within a school administrative unit including any combination of grades pre-kindergarten through 12. In this rule, an educational program located in or operated by a juvenile correctional facility, an educational program located in the unorganized territories and operated by the Department of Education, the Maine School of Science and Mathematics, and the Governor Baxter School for the Deaf shall be considered schools.

2.29 School Administrative Unit: “School administrative unit” means the state-approved unit of school administration and includes a municipal school unit, school administrative district, community school district or any other municipal or quasi-municipal corporation responsible for operating or constructing public schools, except that it does not include an applied technology region.

2.30 School calendar: “School calendar” means the schedule of school days adopted in advance of the school year by the school board.

2.31 School day: “School day” means a day on which school was in operation as an instructional day and/or a teacher in-service day.

2.32 School year: “School year” means the total number of school days in a year as established by the school administrative unit.

2.33 Secondary school: “Secondary school” means that portion of a school that provides at least one course of study in any combination of grades 9 through 12.

2.34 Sequence of courses: “Sequence of courses” means courses in a content area that develop concepts and skills from the simple to the complex.

2.35 Syllabus: “Syllabus” means a description of a course including a statement of educational objectives that are aligned with components of the curriculum the course is designed to address.

2.36 Teacher in-service day: “Teacher in-service day” means a school day during which a majority of teachers and professional staff report for work, but students are not present for instruction. These days may include days devoted to in-service educational programs, administrative meetings, parent-teacher conferences, record-keeping duties, curriculum preparation, and other similar activities related to the operation of school programs, and may take place in a school in the school unit.

2.37 Transitional instruction: “Transitional instruction” means an approved program of instruction for students of limited proficiency in English to enable them to attain a level of English language proficiency so that they may benefit from the total educational program.

2.38 Validity: “Validity” means the degree to which an assessment measures the content standard(s) it is intended to measure, and the degree to which inferences and actions based on student performance are appropriate.

Section 3. GENERAL REQUIREMENTS K-12

Each school administrative unit shall provide programs and instructional approaches that support the variety of learning styles of the students in the schools of the unit. The school board shall adopt a policy that provides all students with equitable opportunities to access the content standards of the system of Learning Results.

3.01 Ethical and Responsible Student Behavior

Instruction in ethical and responsible behavior shall be part of the educational program of each student. This shall be reflected in the Code of Conduct of the school administrative unit as specified in Me. Dept. of Ed. Reg. 125.

3.02 English as the Language of Instruction

English shall be the language of instruction in all elementary and secondary schools except in modern and classical language courses and as provided in this rule.

A. Transitional Instruction

Students of limited English proficiency may be provided with transitional instruction for a period of time sufficient to enable them to attain a proficiency in English language skills that allows for their participation in the regular course of study. Transitional instruction may include instruction using bilingual teachers or paraprofessionals in all or some of the courses. Alternatively, it may take the form of support in a content area to assure student achievement of the content standards of the system of Learning Results and a specialized English as a Second Language course or sequence of courses in which students are given concentrated basic instruction in English language skills.

B. Bilingual Instruction

The school board of each school administrative unit may establish, subject to approval of the Commissioner, bilingual programs for the purpose of providing proficiency in both English and a second language. Bilingual programs intended to aid English-speaking students gain proficiency in a second language shall not be limited to enrollment by national origin.

3.03 Programs for Exceptional Students

A. Education of students with an Individual Education Plan (I.E.P.) or 504 Plan shall be provided as part of each public elementary and secondary program in accordance with the requirements of 20-A M.R.S.A. Chapter 303, Me. Dept. of Ed. Reg. 101, and chapter 504 of the Rehabilitation Act of 1973. The student’s I.E.P. or 504 Plan shall address how diploma requirements will be met. All students with an I.E.P. or 504 Plan shall participate in the comprehensive assessment system in accordance with Section 4 of this rule, with accommodations or alternate assessment if specified.

B. Each school administrative unit shall address the education of gifted and talented students as part of the unit’s Comprehensive Education Plan aligned with the standards of the system of Learning Results. Units that offer specialized instruction for gifted and talented students shall do so in compliance with Me. Dept. of Ed. Reg. 104.

3.04 Alternative Programs

A. Role of Alternative Programs

A school administrative unit may establish or participate in one or more programs as alternatives to the regular course of study to meet the needs of students at risk. Alternative programs shall support student social and behavioral development in addition to performance on the content standards of the system of Learning Results.

These programs shall have stated goals, objectives, and procedures for implementing and assessing their effectiveness. Such programs may include interventions such as programs outside the school administrative unit, specialized instructional settings, extended or shortened school day, or extended school year, and may be scheduled outside of the regular school day, if appropriate.

B. Procedural Requirements

School administrative units shall develop a Personal Learning Plan, aligned with the system of Learning Results, for every K-12 student enrolled in an alternative program. Each Personal Learning Plan shall include, but not be limited to, the following components:

1). A description of the student's academic strengths and the observable or measurable areas in need of improvement.

2). A description of the annual educational goals, aligned with the content standards and performance indicators of the system of Learning Results, that the student may reasonably be expected to achieve during the school year.

3). A description of short-term instructional objectives leading to each annual educational goal.

4). A description of the social and behavioral needs that must be addressed for the student to achieve academic success, including strategies to keep the student in school.

5). A description of the multiple measures that will provide evidence that the student has achieved each goal.

6). For secondary school students, a description of the student’s career goals and transitional steps to achieve them.

3.05 Instruction in Research Skills

Each school administrative unit shall provide instruction in research skills across the content areas of the system of Learning Results so students gain information literacy. Each unit shall promote acquisition of the following skills by all students:

A. How to formulate questions to guide information search;

B. How to identify key words and concepts related to search questions;

C. How to access information from a variety of sources;

D. How to identify relevant information; and

E. How to evaluate, interpret, paraphrase, and organize the information for use.

Each school unit shall promote the acquisition by secondary school students of accessing, interpreting, analyzing, evaluation, synthesizing, organizing, and applying information for an intended purpose.

3.06 External Courses

A. The school board may provide external courses, in settings outside the regular school program, for any student. External courses may include, but are not limited to, the following: tutoring, adult education, on-line or correspondence courses, internships, and college courses.

B. External courses shall be rigorous and shall be provided under the general supervision of a certified teacher, specialist or administrator. External courses shall include a range of instructional strategies that support students meeting the content standards of the system of Learning Results, relative to the diverse learning styles of students.

C. Enrollment by students in such external courses must be approved in advance by the school principal, in accordance with school board policies.

3.07 Religion

The teaching of religious principles or doctrine shall not be allowed in any course. This prohibition, however, shall not be construed to prevent or exclude references to religion or references to or the use of religious literature, art, or music or other matters having a religious significance when such references or uses do not constitute instruction in specific religious principles or doctrines or preferences for any religious sect, church, creed or sectarian purposes and when such references or uses are incidental to or illustrative of matters properly included in the course of study. Instruction concerning religion could be an appropriate part of the content standards of the system of Learning Results in the areas of English Language Arts, Modern and Classical Languages, Social Studies, or Visual and Performing Arts.

Where religion is included within a course of study, the instruction may not be limited to the doctrines or principles of any one religion, sect or denomination.

When the curriculum that has been aligned with the system of Learning Results conflicts with sincerely held religious beliefs of a student or his/her parent or legal guardian, accommodation in the curriculum shall be made for the student. If the accommodation is so great that the validity of the local assessment system is compromised, the Superintendent will determine how to address this, subject to approval of the Commissioner.

Section 4. Comprehensive Assessment System

4.01 State-wide Assessment Program

Each school administrative unit and each student enrolled in a school covered by this rule shall participate in the Maine Education Assessment (MEA) in grades 4, 8, and 11. Participation can be through standard administration of the MEA, through administration with accommodations, or through alternate assessment.

4.02 Local Assessment System

The school board of each school administrative unit that operates a school shall, by the end of the 2003-2004 school year, adopt and fully implement a local assessment system as the measure of student progress on achievement of the content standards of the system of Learning Results established in Me. Dept. of Ed. Reg. 131. The assessment system shall address the grade spans of the schools operated. For school units that tuition all students in a grade level, assessment of that grade level shall be the responsibility of the receiving unit or school.

A. Purpose of Assessment

The purpose of assessment is to:

1). Produce high quality information about student performance that will inform teaching and enhance learning,

2). Monitor and hold school administrative units accountable for students achieving the content standards of the system of Learning Results; and

3). Certify student achievement of the content standards of the system of Learning Results.

B. Implementation of Local Assessment System

1). By the end of the 2003-2004 school year, and annually thereafter, the Superintendent shall certify to the Commissioner that the local assessment system meets the assessment system standards established by this rule for the content areas English Language Arts, Health and Physical Education, Mathematics, Science and Technology, and Social Studies.

2). By the end of the 2006-2007 school year, and annually thereafter, the Superintendent shall certify to the Commissioner that the local assessment system meets the assessment system standards established by this rule for the content areas Career Preparation, Modern and Classical Languages, and Visual and Performing Arts, contingent upon funding based on Essential Programs and Services or its equivalent.

C. Standards for Local Assessment System

The Local Assessment System adopted by the school board of an administrative unit shall meet the following standards:

1). Each assessment in the Local Assessment System shall meet the standards specified in part D. of this section.

2). There shall be multiple measures of student performance for each content area and for each grade span, sufficient to provide the results specified below, with criteria for selecting the type and range of measures, and for aligning the multiple measures with the content standards.

3). The local assessment system shall include at least the following levels of assessments: classroom, school, school administrative unit, and state. The system may include regional and commercially produced assessments.

4). The role of the Maine Education Assessment (MEA) in the local assessment system shall be explicitly stated. Neither the MEA nor a commercially produced test may be the only measure of student achievement.

5). Alternate assessment shall be a component of the Local Assessment System, with clear guidelines for participation in alternate assessment.

6). The mechanism for managing data produced by the Local Assessment System shall be clearly described and well coordinated.

7). The Local Assessment System shall be sufficient to determine student progress on the content standards of the system of Learning Results. This does not require assessment of each performance indicator specified in Me. Dept. of Ed. Reg. 131. This shall include an explanation on how results are aggregated up from specific assessments to a content standard and from the individual student to the school unit.

8). Training and development of school personnel shall be adequate to develop, use, and adapt assessment data.

9). A communications strategy shall provide for understanding of results by students, parents, and citizens, in addition to educators.

10). The Local Assessment System shall provide school and student results across the grade spans as follows. “School” means that for each school in the unit there are results for each content area as a whole; “student” means that for each student there are results for each content area as a whole. “None” means that there are no results for the content area for the grade span indicated.

By the end of the 2003-2004 school year:

Results Reported for:

Pre-K-2 3-4 5-8 & 9-12

English Language Arts student student student

Mathematics student student student

Health & Physical Education none school student

Science & Technology none school student

Social Studies none school student

By the end of the 2006-2007 school year:

Pre-K-2 3-4 5-8 & 9-12

English Language Arts student student student

Mathematics student student student

Health & Physical Education school student student

Science & Technology school student student

Social Studies school student student

Career Preparation school school student

Modern & Classical Languages school school student

Visual & Performing Arts school school student

NOTE: Assessment of Career Preparation, Modern and Classical Languages, and Visual and Performing Arts in 2006-2007 is contingent upon funding of Essential Programs and Services or its equivalent.

D. Standards for Assessments

To meet technical standards, those assessments that are a part of a school administrative unit’s Local Assessment System shall satisfy the following:

1). The content standard(s), performance indicator(s), and grade span addressed in each assessment are accurately specified. For school administrative units that have developed local indicators to measure student performance on the content standards specified in Me. Dept. of Ed. Reg. 131, the administrative unit shall identify which of the state’s performance indicators are addressed by the specified local indicators.

2). The assessment is developmentally appropriate for the grade span and is part of a continuum for that standard across the grade spans.

3). The assessment provides all students with fair opportunity to demonstrate knowledge and understanding.

4). The assessment meets the requirements of validity:

(a) The assessment is aligned with the specified performance indicators of the Learning Results content standards;

(b) The assessment is fair to all students;

(c) The assessment specifies the method used to ensure validity, subject to the approval of the Commissioner;

(d) Accommodations are specified that maintain validity of the assessment, with clear guidelines for use of those accommodations; and

(e) The assessment meets the requirements of reliability, specifying the method used to ensure reliability, subject to the approval of the Commissioner.

5). The assessment has established rigorous performance standards and specifies:

(a) The method used to establish performance standards, subject to the approval of the Commissioner;

(b) Who was involved in setting performance standards;

(c) How the percentage of students at each performance level compares to the school unit’s MEA performance; and

(d) The process for revising performance standards.

E. Presentation of data from a local assessment system shall permit interpretation to determine school and school administrative unit performance on specified content areas of the system of Learning Results, and to determine statewide performance.

F. The school board shall annually review and publish school and school administrative unit results on the local assessment system, and, if required based on these results, shall adjust the Comprehensive Education Plan developed in accordance with Me. Dept. of Ed. Reg. 125.

Section 5. Elementary School Course of Study

5.01 Pre-Kindergarten and Kindergarten Programs

Kindergarten is a one or two-year program prior to grade one designed to serve as an introduction to the academic environment. Pre-kindergarten is a one-year program prior to kindergarten. Pre-kindergarten and kindergarten programs shall provide activities that promote the development of feelings of self-worth as a learner and the development of skills in the following areas: social interaction, academic readiness, language expression, and fine and gross motor coordination. When resources and facilities are available, school administrative units may provide full-day kindergarten programs to reduce the risk of school failure.

5.02 Standards and Expectations for Learning Grades Pre-kindergarten through 4

A. Each school board operating an elementary school shall adopt a curriculum aligned with the content standards of the system of Learning Results in up to three grade spans: Pre-kindergarten-2 and 3-4, and, where appropriate, 5-8. Each school administrative unit shall determine the instructional methods and educational materials needed to give each student the opportunity to meet the content standards of the system of Learning Results. This may include an extended school day or school year for students who need more than the minimum time established in Me. Dept of Ed. Reg. 125 to meet the content standards of the system of Learning Results.

B. The required content areas for each elementary school student shall include five content areas of the system of Learning Results as follows: English Language Arts, Health and Physical Education, Mathematics, Science and Technology, and Social Studies.

C. The Comprehensive Education Plan developed by the school administrative unit in accordance with Me. Dept. of Ed. Reg. 125 shall address the implementation of Career Preparation, Modern and Classical Languages, and Visual and Performing Arts. Effective September 2006 the local curriculum shall include these content areas for all students contingent upon funding of Essential Programs and Services or its equivalent.

D. Each content area of the system of Learning Results is defined by the standards and performance indicators in Me. Dept. of Ed. Reg. 131.

NOTE: Until such time as the content list for Health Education is included in Me. Dept. of Ed. Reg. 131, health education shall continue to include instruction in community health, consumer health, environmental health, family life, growth and development, nutritional health, personal health including mental and emotional health, prevention and control of disease and disorders, safety and accident prevention, and substance use and abuse, including the effects of tobacco, alcohol, and other drugs.

5.03 Promotion and Placement Decisions

A. The school board of each school administrative unit operating an elementary school shall adopt a policy to govern decisions to promote or retain a student based on information concerning that student from the Local Assessment System and other indicators determined by the school board.

B. For students who transfer into an elementary school from another state or an educational program that is not required to meet the standards of the system of Learning Results, the principal of the receiving school shall determine the value of the prior educational experience in order to make placement decisions.

Section 6. Middle School Course of Study

6.01 Standards and Expectations for Learning Grades 5 through 8

A. Each school board operating a middle school shall adopt a curriculum aligned with the content standards of the system of Learning Results in the 5-8 grade span. Each school administrative unit shall determine the instructional methods and educational materials needed to give each student the opportunity to meet the content standards of the system of Learning Results. This may include an extended school day or school year for students who need more than the minimum time established in Me. Dept of Ed. Reg. 125 to meet the content standards of the system of Learning Results.

B. The required content areas for each middle school student shall include five content areas of the system of Learning Results as follows: English Language Arts, Health and Physical Education, Mathematics, Science and Technology, and Social Studies.

C. The Comprehensive Education Plan developed by the school administrative unit in accordance with Me. Dept. of Ed. Reg. 125 shall address the implementation of Career Preparation, Modern and Classical Languages, and Visual and Performing Arts. Effective September 2006 the local curriculum shall include these content areas for all students contingent upon funding of Essential Programs and Services or its equivalent.

D. Each content area of the system of Learning Results is defined by the standards and performance indicators in Me. Dept. of Ed. Reg. 131.

NOTE: Until such time as the content list for Health Education is included in Me. Dept. of Ed. Reg. 131, health education shall continue to include instruction in community health, consumer health, environmental health, family life, growth and development, nutritional health, personal health including mental and emotional health, prevention and control of disease and disorders, safety and accident prevention, and substance use and abuse, including the effects of tobacco, alcohol, and other drugs.

6.02 Promotion and Placement Decisions

A. The school board of each school administrative unit operating a middle school shall adopt a policy to govern decisions to promote or retain a student based on information concerning that student from the Local Assessment System and other indicators determined by the school board.

B. For students who transfer into a middle school from another state or an educational program that is not required to meet the standards of the system of Learning Results, the principal of the receiving school shall determine the value of the prior educational experience in order to make placement decisions.

Section 7. Secondary School Course of Study and Diploma Requirements

7.01 Secondary School Standards and Expectations for Learning

A. Curriculum Aligned with the Content Standards of the System of Learning Results

1). Each school board operating a secondary school shall adopt a curriculum aligned with the content standards of the system of Learning Results. Each school administrative unit shall determine the instructional methods and educational materials needed to give each student the opportunity to meet the content standards of the system of Learning Results. This may include an extended school day or school year for students who need more than the minimum time established in Me. Dept of Ed. Reg. 125 to meet the content standards of the system of Learning Results.

2). The required content areas for each secondary school shall include five content areas of the system of Learning Results as follows: English Language Arts, Health and Physical Education, Mathematics, Science and Technology, and Social Studies.

3). The Comprehensive Education Plan developed in accordance with Me. Dept. of Ed. Reg. 125 by the school administrative unit shall address the implementation of Career Preparation, Modern and Classical Languages, and Visual and Performing Arts. Effective September 2006 the local curriculum shall include these content areas for all students, contingent upon funding of Essential Programs and Services or its equivalent.

4). Each content area of the system of Learning Results is defined by standards and performance indicators in Me. Dept. of Ed. Reg. 131.

NOTE: Until such time as the content list for Health Education is included in Me. Dept. of Ed. Reg. 131, health education shall continue to include instruction in community health, consumer health, environmental health, family life, growth and development, nutritional health, personal health including mental and emotional health, prevention and control of disease and disorders, safety and accident prevention, and substance use and abuse, including the effects of tobacco, alcohol, and other drugs.

B. Secondary School Course of Study

Each school board that operates a secondary school shall adopt at least one course of study to be provided in the secondary school(s) under its direction and supervision.

1). The course of study for each secondary school student shall include five content areas of the system of Learning Results as follows: English Language Arts, Health and Physical Education, Mathematics, Science and Technology, and Social Studies. Instruction in these content areas may be through discrete courses, through integrated study involving two or more content areas, or through any other organization of curriculum or instruction that provides access to these content areas for all students. A secondary school student shall study a content area until the content standards in that content area are met.

2). Phase-In Course of Study

(a) Prior to the 2006-2007 school year, each secondary school shall provide at least a two-year sequence in one foreign language as part of the secondary program. Schools are encouraged to offer two or more foreign languages as part of the secondary program. Where a secondary school does not offer courses in two foreign languages, students may attend another secondary school approved for tuition purposes to take the desired course.

(b) Effective with the Class of 2007 the school board shall determine the extent to which the standards of Visual and Performing Arts are met by the previous requirement for one credit in Fine Arts, and will require no less than this; and

(c) Career Preparation, Modern and Classical Languages, and all standards of Visual and Performing Arts not previously met under the preceding subsection will become a diploma requirement for all students effective with the Class of 2010, contingent upon funding of Essential Programs and Services or its equivalent.

3). Applied Technology Education

Each school unit shall make available applied technology instruction in accordance with Me. Dept. of Ed. Reg. 231, 232, and 236. Curricula of applied technology programs shall be aligned with the content standards of the system of Learning Results. Students may meet the content standards of the system of Learning Results as part of an applied technology program, either through separate or integrated study of the content areas as described in 6.01(B)(1) above.

Assessment of student performance of an applied technology curriculum, as recommended by the applied technology program, shall be a component of the local assessment system adopted by the sending school board. The sending school board shall consider results of assessments of applied technology programs as part of the basis for awarding a diploma for participating students.

4). Extended Study

Secondary school students are eligible for extended years of study to complete the requirements of a diploma if they have not reached the age of 20 at the start of the school year. Students eligible for extended years of study may be referred to adult education or similar resources suitable to young adult learners. Extended study for students with disabilities shall be specified in the student’s I.E.P. The cost of extended study shall be part of the school unit’s secondary school budget.

C. For school units that do not operate a secondary school, this section should be considered by the school board, referred to here as the sending school board, when decisions are made about the education of secondary school students. The cost of secondary education for a student, including the cost of external courses, is covered by the secondary school tuition paid by the sending school board. Additional costs due to a student’s Individual Education Plan or 504 plan are also the responsibility of the sending school board.

7.02 Conditions for Awarding Diplomas

Diploma requirements shall be published and distributed to students entering the ninth grade.

A. Awarding of Diplomas

1). Phase-In Diploma Requirements

Prior to the start of the 2006-2007 school year, diplomas shall be awarded to students who meet the minimum requirements as established in this subsection. School Boards shall adopt policies that phase in the new requirements. "Credit" means an award for completion of a course of instruction plus assigned homework for an entire school year. A total of at least 16 credits shall be required for the awarding of a diploma. Credit may be awarded to students enrolled in grades 9-12, except that schools may award credits to adults, under policies adopted by the school board that measure whether the students have acquired the equivalent learning experiences. Credit for equivalent instruction in non-approved schools or through home instruction may be awarded based on the receiving school's assessment of the value of that educational experience. The following credits and skills shall be required:

(a) English/Language Arts - Four credits in English shall be required in a comprehensive program which includes reading comprehension, literature, written, listening and oral communication skills, the structure and uses of the English language, and research and reporting skills.

(b) Fine Arts - A credit in fine arts shall be required which may include arts, music, forensics, or drama. Fine arts may be provided through separate or integrated study and may include an awareness, appreciation, or performance of the art form.

(c) Health and Physical Education - One-half credit in health education shall be required. Health education shall include instruction in community health, consumer health, environmental health, family life, growth and development, nutritional health, personal health including mental and emotional health, prevention and control of disease and disorders, safety and accident prevention which may include cardiopulmonary resuscitation (CPR), and substance use and abuse, including the effects of alcohol, drinks, stimulants, and narcotics upon the human system. One credit in physical education shall be required. Physical education instruction shall be designed to promote physical well-being, self-esteem, self-awareness, sportsmanship and interpersonal skills. This requirement may include, but not be limited to physical fitness, fundamental motor skills and patterns, adaptive physical education, individual and group sports. Physical education may include special physical education, movement education and motor development.

(d) Mathematics – Two credits in mathematics shall be required. It is highly recommended that all students have exposure to basic algebraic concepts and skills.

(e) Science and Technology - Two credits in science instruction shall be required including one credit of laboratory study. Each student shall be required to demonstrate proficiency in the use of computers, in accordance with computer proficiency and performance standards established by the school unit and approved by the Commissioner. Proficiency shall mean experiences with computers that include loading, operating, and applying fundamental skills. This may include word processing, keyboarding, developing a database, accessing data, and using software. This requirement may be satisfied in grade 7 or 8.

(f) Social Studies - One credit in social studies shall be required, which may include instruction in economics, geography, political science, history, government, sociology, anthropology, and psychology. One credit in American history and government shall be required in a comprehensive course that includes instruction in the importance of voting, the privileges and responsibilities of citizenship, the Constitution of the United States and the Declaration of Independence.

2. Initial Standards-Based Diploma

Beginning with the 2006-2007 school year, diplomas may be awarded only to students who have met the content standards of the system of Learning Results as determined by the local assessment system adopted by the school board for the following content areas: English Language Arts, Health and Physical Education, Mathematics, Science and Technology, and Social Studies. The school board may specify additional diploma requirements, including minimum attendance requirements and/or accumulation of credits or courses. However, this accumulation shall not, in and of itself, be sufficient evidence that a student has met the standards in a content area.

3. Full Implementation

Beginning with the 2009-2010 school year, diplomas may be awarded only to students who have successfully met the content standards of all content areas of the system of Learning Results as determined by the local assessment system, and additional diploma requirements as specified in local school board policy.

4. Notwithstanding section 7.02.A.3), students who successfully meet the content standards of the Learning Results, as specified in the goals and objectives of their Individualized Education Plans, will be awarded diplomas.

5. Transfer Students

For students who transfer into a secondary school from another state or an educational program that is not required to meet the standards of the system of Learning Results, the principal of the receiving school shall determine the value of the prior educational experience toward meeting the standards through the local assessment system.

B. Early Awarding of Diplomas

The intent of the system of Learning Results is to provide the time that students need in order to meet the content standards. This may involve more or less than the typical four years of secondary school. Nothing in these rules shall prevent the local school board from awarding of a diploma to a student who has completed all state and local diploma requirements in fewer than four years of study.

C. Delayed Awarding of Diplomas

1. A secondary school student who has satisfactorily completed the freshman year in an accredited degree-granting institution of higher education may receive a diploma from the school the student last attended, although the student does not meet all diploma requirements in this rule. Such decisions shall be at the discretion of the superintendent of the school unit, in accordance with the policies of the school board.

2. A veteran of World War II or the Korean Conflict who left secondary school to serve in the armed forces and who received an honorable discharge, may be granted a diploma at the discretion of the local school board, as specified in policy and subject to requirements in statute.

D. The school board may provide students who leave school without meeting the standards of the system of Learning Results with a certificate that is not a diploma. This certificate may acknowledge participation in an educational program for a specified number of years as well as include a record of achievements as deemed appropriate by the school board.

Section 8. Review Cycle for the System of Learning Results

8.01 The Commissioner shall conduct a review of Me. Dept. of Ed. Reg. 131 by content area on a four-year cycle beginning in the 2003-2004 school year. Each year one content area from each of the following categories will be reviewed:

A. English Language Arts, Mathematics, Science and Technology, Social Studies; and

B. Career Preparation, Modern and Classical Languages, Health and Physical Education, Visual and Performing Arts.

8.02 If it is determined that any changes are to be made, the effective date of any changes will be included in the revised rule and will provide sufficient time for assessments to be adapted and fair notice to be given to students.

Section 9. School Assistance

9.01 When student performance in a school indicates that assistance is needed, the Commissioner shall provide assistance to the school administrative unit pursuant to section 4.02 A.1). of this rule.

A. The Commissioner shall annually review Maine Education Assessment results in reading, writing, and mathematics for each school in the state. The Commissioner shall establish thresholds for percentages of students in the lowest MEA performance category that shall result in further analysis of the unit’s performance.

B. If warranted based on this review, the Commissioner shall analyze the unit’s Comprehensive Education Plan developed in accordance with Me. Dept. of Ed. Reg. 125, student performance on the local assessment system adopted in accordance with section 4 of this rule. Subjects reviewed will include student performance on other indicators specified in the unit’s Comprehensive Education Plan, school approval requirements specified in Me. Dept. of Ed. Reg. 125, and the unit’s programs and services compared to those identified as Essential Programs and Services for students to meet the content standards of the system of Learning Results.

C. If warranted based on this analysis, the Commissioner will assign a team with expertise in the areas of need identified in the analysis of the unit to assist the unit in planning for improved student performance, for a period of not less than one year.

9.02 A school administrative unit that determines that it is unable to implement the system of Learning Results in the content areas of English Language Arts, Health and Physical Education, Mathematics, Science and Technology, and Social Studies within existing state and local resources by the deadlines specified in this Chapter and in law shall present its findings and supporting evidence to the Commissioner. The Commissioner shall review the findings and evidence and, if necessary, assist the unit in planning for implementation.

Section 10. WAIVERS

A school administrative unit may apply for a waiver from compliance with any provision of this rule.

10.01 Application for a waiver shall contain:

A. Documentation of actions taken to meet the requirements prior to applying for the waiver;

B. A description of the unforeseeable circumstances or undue hardships which led to the application;

C. A statement of financial hardship if applicable; and

D. The plan that the school administrative unit will implement to come into compliance with the regulations.

10.02 The Commissioner may grant the waiver in the following circumstances:

A. Based on components A., C., and D. of the application for a waiver the Commissioner will grant a one year waiver to 2007-2008 for section 7.02.A.2). in the content areas of Health and Physical Education, Science and Technology, Social Studies.

B. Upon finding that due to unforeseeable circumstances or undue hardship including financial hardship, the school administrative unit is unable to comply with this rule and that the compliance plan that the school administrative unit has submitted is reasonable; or

C. Upon finding that student performance in the unit exceeds expectations and that there is a Personal Learning Plan developed in accordance with subsection 3.04 (B) of this rule, for each student in the unit.

EFFECTIVE DATE, Chapter 127, “Instructional Requirements”:

Section 1, “Health, Safety and Physical Education Guidelines”:

March 15, 1974 (accepted for filing October 23, 1978 as 78-275)

Section 2, “Metric Instruction”:

September, 1977 (accepted for filing October 23, 1978 as 78-275)

Section 3, “Required Courses”:

June, 1976 (accepted for filing October 23, 1978 as 78-275)

Section 4, “Length of the School Day“:

June, 1975 (accepted for filing October 23, 1978 as 78-275)

Section 5, “Instructional Time”:

December, 1977 (accepted for filing October 23, 1978 as 78-275)

AMENDED:

March 19, 1980 – all sections with Section 6 added, “School Calendar,” filing 80-83

October 5, 1981 - Section 4, “Instructional Time: School Year and Instructional Days” (replaces Sections 4, 5 & 6)(EMERGENCY) – filing 81-218

October 13, 1981 - Section 1, “Required Course of Study for Public Schools,” filing 81-217

October 13, 1981 - Section 2, “Instructional Requirements for Nonpublic Schools,” filing 81-217

October 10, 1981 - Section 3, “Health, Safety and Physical Education Guidelines,” filing 81-217

March 4, 1983 – Sections 1, 2, 3 – filing 83-40

REPEALED AND REPLACED:

July 30, 1985 – as “Instructional Requirements and Graduation Standards,” filing 85-265

AMENDED:

June 25, 1986 – filing 86-224

July 1, 1989 – filing 89-121

February 11, 1991 - Sections 6, 11, 13 – filing 91-54

EFFECTIVE DATE (ELECTRONIC CONVERSION):

May 19, 1996

CORRECTIONS:

December 4, 1998 - corrected against historical paper files.

REPEALED AND REPLACED:

September 11, 2002 – as ”Instructional Program, Assessment and Diploma Requirements”, filing 2002-307, a major substantive chapter. Provisional adoption: March 15, 2002, filing LR-2002-17.

NON-SUBSTANTIVE CORRECTIONS:

October 29, 2002 - renumbering Section 7.02(C, D, E and F)

05-071 Chapter 127 page 25

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Chapter 128 Truants and Dropouts Guidelines

Code Me. R. 05-071 Ch. 128 Truants & Dropouts-Guidelines {#sec-05-071-ch.-128 omnilex-key=us-me-regs-official--dept-education-and-state-board-education--05-071 Ch. 128}

SUMMARY: These guidelines clarify the legislation dealing with the treatment of truants and dropouts and set forth the methods of reporting to the Department.

Section 1. Intent

Generally, the intent of L.D. 1851 is to require school officials to give increased attention to those pupils who are habitual truants and dropouts. Such attention will include record keeping relative to the actual numbers of pupils who are, by definition, habitual truants and dropouts; determining the reasons for each occurrence; providing appropriate alternative programs designed to promote these pupils' return to school; and providing appropriate alternative programs designed to prevent pupils from becoming habitual truants and dropouts.

Section 2. Recording Pupil Attendance

Although the recording of pupil attendance on a daily basis, as required by school approval standards, has been done in all schools, closer attention must now be given to pupil absence for each half-day session of a complete school day. Appropriate notations of absence must be made in the attendance register or other device which is used for recording daily attendance.

Section 3. Excusable Absences Defined

In the past, it has been the responsibility of local school boards and their school administrators to determine what action would constitute an excused absence and, in turn, what action would constitute an unexcused absence. This legislation now provides specific delineation of excusable absences; absences for reasons other than those specified would be considered unexcused. Excusable absences are defined as follows:

A. Personal illness;

B. Appointments with health professionals that cannot be made outside of the regular school day;

C. Observance of recognized religious holidays when the observance is required during a regular school day;

D. Emergency family situations; or

E. Planned absences for personal or educational purposes which have been approved.

Questions have been posed about excusable absences. This does give flexibility to local school officials to decide what is acceptable as a "planned absence for personal or educational purposes."

Section 4. Recording Unexcused Absences

It will be necessary to give attention to more specific documentation of pupils' unexcused absences. Pertinent items relative to this are as follows:

A. The record keeping process must begin immediately following the first unexcused absence.

B. The date of the unexcused absence is to be recorded,

C. Information is to be documented indicating what steps were taken to determine the reason(s) for the unexcused absence.

All public and private schools shall obtain and maintain this information on all truants whether they are educated at public or private expense.

Section 5. Documentation Relating to Habitual Truants

Once a child has become habitually truant as defined in 20 MRSA 9142, procedures adopted in 20 MRSA 911, sub-section 5, shall be adhered to. Attention-must be given to regulations concerning confidentiality.

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1 A truant is a child who has an unexcused absence of one-half day or more.

2 A child is determined to be an habitual truant if he is absent from school the equivalent of 10 full days or for one-half of a day on 7 consecutive school days within any 6-month period for other than an excusable absence as referred to in Section 911.

Section 6. Tuition Students

Local school administrative units are responsible for providing education for all children of compulsory school age who legally reside within the geographical area-of the units. If any child attends school outside the unit of legal residence and becomes truant in the receiving school, the superintendent or principal of the receiving school unit must notify the superintendent of the sending school unit and it becomes the responsibility of the sending unit to locate the truant child.

Once a child becomes an habitual truant, the principal of the public or private school of attendance shall forward to the superintendent of the sending unit all information relative to the unexcused absences of the habitual truant and which has been maintained on file. It then becomes the responsibility of the superintendent and school board to follow the procedures as outlined in the legislation.

Section 7. Eighty-five Percent (85%) Attendance and Subsidy

It will be necessary that accurate record keeping devices be developed to obtain the 85 percent attendance data that is required. The total number of actual pupil days between, and including, October I and April 1 of the school year must be determined. The attendance of each pupil must be accurately maintained on a daily basis and then this will be computed to determine whether or not each individual pupil has met the requirement. These figures must be maintained beginning October 24, 1977 (October 1 in subsequent years) and will serve as the basis for determining subsidy distribution for the 1979-80 school year. Data collection forms currently in use for determining subsidy distribution will be appropriately revised to allow reporting of enrollment figures which reflect the 85 percent requirement. Please note that students must maintain a minimum attendance of 85 percent, exclusive of sickness or other excused absence, between October 1 and April 1 inclusive to be counted for subsidy purposes.

Section 8. Recording Attendance for Students in Alternative Programs

Please note the provision for the counting of .1 of a pupil for enrollment in a semester course or its equivalent in alternative programs. It will be necessary that local record keeping procedures be designed to record the required information. Data collection forms currently in use by the Department will be revised to-minimize confusion in reporting such data. In order to facilitate this data collection process, it is requested that the attendance of students enrolled in alternative programs be maintained in a separate register. This will allow local school officials to distinguish these pupils from others not in alternative programs and make-easier the subsidy distribution on the basis of the .1 pupil provision.

Section 9. Authority to Excuse 14 Year Olds

A question was raised as to the exact meaning of the-word any in "the principal with the approval of the local school committee or board of directors is authorized to excuse any pupil who is 14 years of age or older from regular school programs for the purpose of participating in a suitable program of work, work study or training," which is found on page 3, sub-section 10 of 20 MRSA 911 of the legislation. Does this mean any pupil 14 years of age or older who is an habitual truant or dropout, or does it mean all pupils 14 years of age or older? An opinion from our Assistant Attorney General indicates that this applies to all pupils 14 years of age or older. It is pointed out that authorization to excuse pupils is given but there is no requirement that the pupil must be excused. The Department is of the opinion that this option should be used as a last resort.

Section 10. Register Entries for Unexcused Absences

Previously it has been pointed out that increased attention must be given to accurate record keeping by local school officials. One aspect of this procedure involves pupil attendance records which must be maintained in registers supplied to schools by this Department or on a comparable, locally designed record. If it is not already a common practice, excused and unexcused absences must be marked on the basis of each half-day the absence occurs. It is suggested that the following indicators be-used in order to easily identify the absence:

1 - excused

1 - unexcused (circle in red)

As an example, a pupil who had an excused absence in the AM and an unexcused absence in the PM, would be marked in a register as follows:

1

1

Section 11. Annual Report to Commissioner

L.D. 1851 requires superintendents to submit an annual report to the Commissioner prior to October 1 giving attention to the following:

A. The number of habitual truants during the previous school year.

B. A description of local efforts made on behalf of habitual truants.

C. The number and disposition of action taken against parents under sub-section 8 on page 3 of the legislation.

D. Other information the Commissioner may deem necessary. Because current data collection forms are not designed to collect this information, a new form has been developed.

Section 12. School Board Policies Required

You will note on the first page of Section 911, sub-section 5, the statement requiring local boards to promulgate rules and regulations and to file a copy of these with the Commissioner. Such rules and regulations will be included in school board policies on the subjects identified in the legislation. It is expected that many of the needed policies are already in existence, but it may be necessary to adopt additional policies. Once all appropriate local policies have been adopted, these would become the rules and regulations required. The set of policies must then be submitted to the Commissioner prior to October l, 1978. Any subsequent policy changes must be submitted upon adoption.

From a review of this legislation, it is apparent that policies are needed in the following areas:

A. Excused absences - Although excused absences are specifically identified In the legislation, policies are needed to provide guidance to local administrators.

B. Unexcused absences - All absences that are not included in #1 above are unexcused absences.

C. Information required to be maintained on truant pupils:

1. What to collect

2. How to maintain

3. Adherence to confidentiality

D. Procedures for referral of truancy matters from the principal to the superintendent.

E. Procedures for referral of truancy matters from the superintendent to the school board.

F. Procedures for notification of parents regarding hearing before the school board.

G. Procedures for waiving of compulsory attendance and for parent appeal if attendance is waived.

H. Procedures for bringing legal action against the parent under subsection 8 of 20 MRSA 911.

I. Procedures for pupil to obtain work permit.

J. Procedures for excusing 14 year-old pupil for "suitable program of work, work study or training" and procedures for involving pupil in-program selection.

It is possible that some policies addressing the preceding areas are already in effect through the Positive Action Committee Dropout Plan; You are, .therefore, reminded to coordinate the development of the rules and regulations required under this legislation with the local plan for dealing with dropouts which is required by statute (20 MRSA 931-933).

Section 13. Developing Alternative Programs

The legislation encourages school units to establish alternative programs for dropouts and chronic (habitual) truants. Although the word "encouraged" is used, the primary intent of the legislation is to provide school units with the authority to establish programs for the identified pupils.

When developing alternative programs, local school officials should give consideration to the following questions:

A. Do the programs provide for academic and non-academic pursuits in accordance with the needs of the individual student?

B. Do the programs include that which is necessary for meeting curriculum and graduation requirements provided by statute or local board policy?

C. Do the programs provide adequate instructional time equivalent to that required for regular school programs?

D. Are adequate instructional materials provided?

E. Can the programs be evaluated in terms of meeting stated objectives? Alternative programs may be developed and conducted under the direction of local school officials and may become operative within present school facilities during the regular school day. Likewise, alternative programs may be operated under the direction of local school officials outside the regular school facilities and school day. Regardless of which approach is followed, criteria should be developed to determine pupil eligibility for participation in these programs. A description of locally developed alternative programs is to be filed with this Department and the reporting process can be accomplished by using the data collection form.

It is possible that alternative programs may already exist or could be developed completely apart from local school jurisdiction. These programs could be operated by private individuals, groups, or agencies. If programs operated outside the school by private individuals, groups, or agencies seem appropriate in meeting the needs of the pupil, criteria for the programs should be developed by the local school officials and they should serve as a guide for the local approval of these programs. Such criteria should include the following:

1. The instruction is provided by qualified individuals. The qualifications might be evidenced by a valid teaching credential, a valid license (trade, etc.) in the area of content being presented, or expertise gained through long experience in the content of the specific program (adult education programs).

2. The quality of instruction is equivalent to that provided in the regular public school.

3. The facilities housing the program meet all fire safety, health, and sanitation standards.

4. The program is designed to provide adequate instructional time to meet its stated objectives.

5. There is provision for program evaluation. Any alternative programs developed under this legislation shall be submitted to the local school board for approval.

Section 14. Units Unable to Provide Alternative Programs

In the legislation, provision is made for schools unable to provide an alternative program for chronic (habitual) truants and dropouts. In this instance, schools may tuition pupils to neighboring administrative units or to private schools; it is necessary that policies and procedures be developed to accommodate this practice. All receiving schools must be approved by this office under the basic school approval program. Record keeping procedures should be locally developed for maintaining records of pupils enrolled in alternative programs on the basis of .1 pupil for each semester credit course or its equivalent leading toward a high school graduation. Such records will also be necessary for pupils tuitioned to neighboring units or private schools. Any pupil enrolled in an alternative program shall be counted on the rolls of the sending unit for subsidy purposes. No pupil shall be counted in the aggregate as more than 1.0.

Section 15. Graduation Requirements for Pupils Enrolled in Alternative Programs

Any pupil participating in an alternative program who expects to graduate from the local high school must meet statutory requirements and other local requirements necessary to receive a diploma. It is possible that a pupil could be enrolled in a type of alternative program outside the school which could result in the pupil being eligible for graduation provided that the program content meets statutory requirements and has been approved by the local school committee. Current policies of this Department which limit the number of credits obtainable outside of school to one-quarter of the total number of graduation credits do not apply to alternative programs approved under this legislation.

Section 16. Parental Approval of Alternative Programs

Regardless of what type of alternative program arrangement-is determined for each individual pupil, local school officials should prepare a form for parents to sign to approve the alternative arrangement. Parents should be included in the total process and should provide evidence to the school officials that they understand what has taken place.

Section 17. Reporting Pupils in Alternate Programs for Subsidy Purposes. (20 MRSA, Section 934)

Pupils enrolled in alternate programs as per 20 MRSA, Section 934 will be reported on a separate data collection form for subsidy purposes in June and in January. They should not be reported as regular resident pupils in the April 1st and October 1st enrollment count. It is suggested that attendance of pupils in alternate programs be recorded in a separate register or pupil accounting system. Subsidy calculations will be at the rate of .1 of a pupil per semester credit course or its equivalent.

History

• STATUTORY AUTHORITY: 20 MRSA § 911
• EFFECTIVE DATE: March 17, 1978
• RE-ADOPTED: March 19, 1980
• ACCEPTED FOR FILING: October 23, 1978
• EFFECTIVE DATE (ELECTRONIC CONVERSION): May 19, 1996
• EFFECTIVE DATE (ELECTRONIC CONVERSION): APAO WORD VERSION CONVERSION (IF NEEDED) AND ACCESSIBILITY CHECK: July 15, 2025

Chapter 131 The Maine Federal, State, and Local Accountability Standards (formerly "Rules for Learning Results")

Code Me. R. 05-071 Ch. 131 The Maine Federal, State, and Local Accountability Standards {#sec-05-071-ch.-131 omnilex-key=us-me-regs-official--dept-education-and-state-board-education--05-071 Ch. 131}

SUMMARY: This chapter outlines the Maine Federal, State, and Local Accountability Grade Level Expectations (GLE) pursuant to Title 20-A M.R.S.A §6202. The Maine Federal, State, and Local Accountability Grade Level Expectations define the State’s content Grade Level Expectations for federal accountability. These Grade Level Expectations are described for the content areas of Mathematics, Reading, and Science. Each of the content areas is organized in one or more strands. The strands represent the subtopics within each discipline and are defined by the grade level expectations. The coding represented at the end of each GLE and included in () corresponds to code for the New England Comprehensive Assessment Program (NECAP) grade level expectation. (The GLEs for Mathematics and Reading remain in effect through the 2011-12 school year. As of 2012-13, the College and Career Readiness Standards in Sections II-A and II-B of this document are in effect.)

ENGLISH LANGUAGE ARTS

CONTENT STANDARD AND PERFORMANCE INDICATORS

1. READING

1.1 WORD IDENTIFICATION SKILLS and STRATEGIES (R-1)

Grade 2

1.1.1:Students apply word identification and decoding strategies by …

( R–2–1)

1.1.1.1 Identifying regularly spelled multi-syllabic words, by using knowledge of sounds, syllable types, or word patterns (including most common spellings for consonants and vowels, e.g., knot, catch, float, fight; or common suffixes )

(R–2–1.1)

EXAMPLES: Students might be asked to match words to pictures or to match words to words with similar sounds (e.g. flower and shower)

EXAMPLES: (multi-syllabic words): happiness, shower, sunshine

Grade 3

1.1.2 Students apply word identification/ decoding strategies by …

(R–3–1)

1.1.2.1 Identifying multi-syllabic words, by using knowledge of sounds, syllable types, or word patterns (including prefixes, suffixes, or variant spellings for consonants or vowels, e.g., bought) (R–3–1.1)

EXAMPLES: Students might be asked to match words to words with similar sounds, such as which word rhymes with the word in the box or which word has the same vowel sound as the word in the box.

EXAMPLES (multi-syllabic words): pretending, discussion

1.2 VOCABULARY

1.2.1 VOCABULARY STRATEGIES (R-2)

Grade 2

1.2.1.1 Students identify the meaning of unfamiliar vocabulary by…

( R-2-2)

1.2.1.1.1 Using strategies to unlock meaning (e.g., knowledge of word structure, including common base words and suffixes, such as “thickest,” “hope-ful;” or context clues, including illustrations and diagrams; or prior knowledge) (R-2-2.1)

Grade 3

1.2.1.2 Students identify the meaning of unfamiliar vocabulary by…

(R-3-2)

1.2.1.2.1 Using strategies to unlock meaning (e.g., knowledge of word structure, including prefixes/suffixes and base words, such as “un-covered;” or context clues; or other resources, such as dictionaries, glossaries; or prior knowledge) (R-3-2.1)

Grade 4

1.2.1.3 Students identify the meaning of unfamiliar vocabulary by…

( R-4-2)

1.2.1.3.1 Using strategies to unlock meaning (e.g., knowledge of word structure, including prefixes/suffixes and base words; or context clues; or other resources, such as dictionaries, glossaries; or prior knowledge) (R-4—2.1)

Grade 5

1.2.1.4 Students identify the meaning of unfamiliar vocabulary by…

(R–5–2)

1.2.1.4.1 Using strategies to unlock meaning (e.g., knowledge of word structure, including prefixes/suffixes and base words; or context clues; or other resources, such as dictionaries, glossaries; or prior knowledge (R-5-2.1)

Grade 6

1.2.1.5 Students identify the meaning of unfamiliar vocabulary by…

(R-6-2)

1.2.1.5.1 Using strategies to unlock meaning (e.g., knowledge of word structure, including prefixes/suffixes and base words; or context clues; or other resources, such as dictionaries, glossaries, thesauruses; or prior knowledge) (R-6-2.1)

Grade 7

1.2.1.6 Students identify the meaning of unfamiliar vocabulary by…

(R-7-2)

1.2.1.6.1 Using strategies to unlock meaning (e.g., knowledge of word structure, including prefixes/suffixes, base words, common roots, or word origins; or context clues; or other resources, such as, dictionaries, glossaries, thesauruses; or prior knowledge) (R-7-2.1)

EXAMPLE (of common root ): inspection (inspection)

Grades 9-Diploma

1.2.1.7 Students identify the meaning of unfamiliar vocabulary by…

(R-10-2)

1.2.1.7.1 Using strategies to unlock meaning (e.g., knowledge of word structure) including prefixes/suffixes, common roots, or word origins; or context clues; or resources including dictionaries, glossaries, or thesauruses to determine definition, pronunciation, etymology, or usage of words; or prior knowledge)

(R-10-2.1)

(Assumes a variety of text and increasing text complexity across grade levels)

1.2.2 BREADTH OF VOCABULARY (R3)

Grade 2

1.2.2.1 Students show breadth of vocabulary knowledge, demonstrating understanding of word meanings or relationships by …

( R-2-3)

1.2.2.1.1 Identifying synonyms or antonyms; or categorizing words (R-2-3.1)

EXAMPLES (of categorizing): Given a T-chart with two “categories” of words listed (e.g., shapes and sizes), students would identify another word to add to the chart that describes shapes or sizes; or in a multiple choice item, select the best category title for the words listed

1.2.2.1.2 Selecting appropriate words to use in context, including words specific to the content of the text (R-2-3.2)

EXAMPLE: In a short passage about Native American homes, students might encounter the words longhouse and igloo, and then be asked to show that they know the difference between them.

Grade 3

1.2.2.2 Students show breadth of vocabulary knowledge, demonstrating understanding of word meanings or relationships by …

(R-3-3)

1.2.2.2.1 Identifying synonyms, antonyms, or homonyms/ homophones; or categorizing words (R-3-3.1)

1.2.2.2.2 Selecting appropriate words to use in context, including content specific vocabulary (e.g., predator/prey), or words with multiple meanings) (R–3–3.2)

EXAMPLE (multiple meanings): Students identify the intended meaning of words found in text – The word “fall” can mean a time of the year or losing your step. What words from the passage help you to know what “fall” means in this story?

EXAMPLE (multiple meanings): The word “fall” has many different meanings. Which sentence below uses the word “fall” to mean a time of the year? OR Which sentence below uses “fall” with the same meaning as it is used in the poem?

Grade 4

1.2.2.3 Students show breadth of vocabulary knowledge through demonstrating understanding of word meanings or relationships by …

(R-4-3)

1.2.2.3.1 Identifying synonyms, antonyms, homonyms/ homophones, or shades of meaning (R-4-3.1)

EXAMPLE (of shades of meaning): cold, freezing

1.2.2.3.2 Selecting appropriate words to use in context, including content specific vocabulary, words with multiple meanings, or precise vocabulary (R-4-3.2)

EXAMPLE (precise vocabulary): In this passage, the bear could best be described as acting: (A) excited (B) playful (C) harmful (D) curious

Grade 5

1.2.2.4 Students show breadth of vocabulary knowledge through demonstrating understanding of word meanings or relationships by …

(R-5-3)

1.2.2.4.1 Identifying synonyms, antonyms, homonyms/ homophones, or shades of meaning (R-5-3.1)

EXAMPLE (of shades of meaning): tired, exhausted

1.2.2.4.2 Selecting appropriate words or explaining the use of words in context, including, content specific vocabulary, words with multiple meanings, or precise vocabulary (R-5-3.2)

EXAMPLE (multiple meanings): Students explain the intended meanings of words found in text – Based on the way “spring” is used in this passage, would having a “spring” be necessary for survival? Explain how you know.

Grade 6

1.2.2.5 Students show breadth of vocabulary knowledge through demonstrating understanding of word meanings and relationships by…

(R-6-3)

1.2.2.5.1 Identifying synonyms, antonyms, homonyms/ homophones or shades of meaning, or simple analogies (R-6-3.1)

EXAMPLE (simple analogy): parent:child as cat:kitten

1.2.2.5.2 Selecting appropriate words or explaining the use of words in context, including content specific vocabulary, words with multiple meanings, or precise vocabulary (R-6-3.2)

Grade 7

1.2.2.6 Students show breadth of vocabulary knowledge through demonstrating understanding of word meanings and relationships by…

(R-7-3)

1.2.2.6.1 Identifying synonyms, antonyms, homonyms/ homophones or shades of meaning, or analogies (R–7–3.1)

EXAMPLE (analogy): map:locate as recipe:cook

1.2.2.6.2 Selecting appropriate words or explaining the use of words in context, including content specific vocabulary, words with multiple meanings, or precise vocabulary (R-7-3.2)

Grades 9-Diploma

1.2.2.7 Students show breadth of vocabulary knowledge through demonstrating understanding of word meanings and relationships by…

(R-10-3)

1.2.2.7.1 Identifying synonyms, antonyms, homonyms/ homophones, shades of meaning, idioms, or word origins, including words from dialects, or other languages that have been adopted into our language/standard English (R-10-3.1)

1.2.2.7.2 Selecting appropriate words or explaining the use of words in context, including connotation or denotation, shades of meanings of words/nuances, or idioms; or use of content-specific vocabulary, words with multiple meanings, precise language, or technical vocabulary (R-10-3.2)

EXAMPLE Students might be asked to explain the meaning of terminology appropriate to the content of the subject area as used in a text passage

(Assumes a variety of text and increasing text complexity across grade levels.)

1.3 LITERARY TEXTS

1.3.1 INITIAL UNDERSTANDING of LITERARY TEXTS (R-4)

Grade 2

1.3.1.1 Students demonstrate initial understanding of elements of literary texts by…

(R-2-4)

1.3.1.1.1 Identifying or describing character(s), setting, problem, solution, or major events as appropriate to text. (R-2-4.1)

Grade 3

1.3.1.2 Students demonstrate initial understanding of elements of literary texts by…

(R-3-4)

1.3.1.2.1 Identifying or describing character(s), setting, problem/solution, major events, or plot as appropriate to text. (R-3-4.1)

1.3.1.2.2 Paraphrasing or summarizing key ideas/plot with events sequenced as appropriate to text. (R-3-4.2)

Grade 4

1.3.1.3 Students demonstrate initial understanding of elements of literary texts by…

(R-4-4)

1.3.1.3.1 Identifying or describing character(s), setting, problem/solution, major events, or plot as appropriate to text or identifying any significant changes in character(s) over time. (R-4-4.1)

1.3.1.3.2 Paraphrasing or summarizing key ideas/plot with major events sequenced, as appropriate to text. (R-4-4.2)

Grade 5

1.3.1.4 Students demonstrate initial understanding of elements of literary texts by…

(R-5-4)

1.3.1.4.1 Identifying or describing character(s), setting, problem/ solution, major events, or plot, as appropriate to text; or identifying any significant changes in character(s) over time (R-5-4.1)

1.3.1.4.2 Paraphrasing or summarizing key ideas/plot, with major events sequenced, as appropriate to text (R-5-4.2)

Grade 6

1.3.1.5 Students demonstrate initial understanding of elements of literary texts by…

(R-6-4)

1.3.1.5.1 Identifying or describing character(s), setting, problem/ solution, or plot, as appropriate to text; or identifying any significant changes in character or setting over time (R-6-4.1)

EXAMPLE (of setting changing): In this poem, how does the farm’s appearance change over the years?

1.3.1.5.2 Paraphrasing or summarizing key ideas/plot, with major events sequenced, as appropriate to text (R-6-4.2)

Grade 7

1.3.1.6 Students demonstrate initial understanding of elements of literary texts by…

(R-7-4)

1.3.1.6.1 Identifying or describing character(s), setting, problem/ solution, or plot, as appropriate to text; or identifying any significant changes in character or setting over time; or identifying rising action, climax, or falling action (R-7-4.1)

1.3.1.6.2 Paraphrasing or summarizing key ideas/plot, with major events sequenced, as appropriate to text (R-7-4.2)

Grades 9-Diploma

1.3.1.7 Students demonstrate initial understanding of elements of literary texts by…

(R-10-4)

1.3.1.7.1 Identifying, describing, or making logical predictions about character (such as protagonist or antagonist), setting, problem/solution, or plots/subplots, as appropriate to text; or identifying any significant changes in character, relationships, or setting over time; or identifying rising action, climax, or falling action (R-10-4.1)

1.3.1.7.2 Paraphrasing or summarizing key ideas/plot, with major events sequenced, as appropriate to text (R-10-4.2)

(Assumes a variety of text and increasing text complexity across grade levels.)

1.3.2 ANALYSIS and INTERPRETATION OF LITERARY TEXTS, CITING EVIDENCE (R-5)

Grade 2

1.3.2.1 Students analyze and interpret elements of literary texts, citing evidence where appropriate by…

(R-2-5)

1.3.2.1.1 Making logical predictions (R-2-5.1)

EXAMPLE: What might happen next?

1.3.2.1.2 Identifying relevant physical characteristics or personality traits of main characters (R-2-5.2)

1.3.2.1.3 Making basic inferences about problem or solution (R-2-5.3)

EXAMPLES: What helped Luke to solve his problem in the story? What was Jane’s problem?

Grade 3

1.3.2.2. Students analyze and interpret elements of literary texts, citing evidence where appropriate by…

(R-3-5)

1.3.2.2.1 Making logical predictions (R-3-5.1)

1.3.2.2.2 Describing main characters’ physical characteristics or personality traits; or providing examples of thoughts, words or actions that reveal characters’ personality traits (R-3-5.2)

1.3.2.2.3 Making basic inferences about problem, conflict, or solution (e.g., cause-effect relationships) (R-3-5.3)

EXAMPLE: How might the story have been different if…?

1.3.2.2.4 Identifying the author’s basic message (R-3-5.5)

EXAMPLE: In this story, Jon learned an important lesson about what to do when lost in the woods. What lesson did Jon learn?

Grade 4

1.3.2.3 Students analyze and interpret elements of literary texts, citing evidence where appropriate by…

(R-4-5)

1.3.2.3.1 Making logical predictions (R-4-5.1)

1.3.2.3.2 Describing main characters’ physical characteristics or personality traits; or providing examples of thoughts, words, or actions that reveal characters’ personality traits (R-4-5.2)

1.3.2.3.3 Making inferences about problem, conflict, or solution (R-4-5.3)

EXAMPLE: What influenced the father’s decision to let his son try the climb?

1.3.2.3.4 Identifying who is telling the story (R-4-5.4)

1.3.2.3.5 Identifying author’s message or theme (R-4-5.5)

EXAMPLE: What was the author trying to say about friendship in this story? (e.g., friendship begins with accepting differences)

Grade 5

1.3.2.4 Students analyze and interpret elements of literary texts, citing evidence where appropriate by…

(R-5-5)

1.3.2.4.1 Making logical predictions (R-5-5.1)

EXAMPLE: Which event is most likely to happen next? (e.g., providing evidence from text to explain why something is likely to happen next)

1.3.2.4.2 Describing characters’ physical characteristics, personality traits, or interactions; or providing examples of thoughts, words, or actions that reveal characters’ personality traits or their changes over time (R-5-5.2)

1.3.2.4.3 Making inferences about problem, conflict, solution, or the relationship among elements (plot, character, setting) within text (e.g., how the setting affects a character or plot development) (R-5-5.3)

1.3.2.4.4 Identifying the narrator (R-5-5.4)

1.3.2.4.5 Identifying author’s message or theme (implied or stated, as in a fable) (R-5-5.5)

1.3.2.5 Students analyze and interpret author’s craft, citing evidence where appropriate by…

(R-5-6)

1.3.2.5.1 Demonstrating knowledge of use of literary elements and devices (i.e., imagery, exaggeration) to analyze literary works (R–5–6.1)

Grade 6

1.3.2.6 Students analyze and interpret elements of literary texts, citing evidence where appropriate by…

(R-6-5)

1.3.2.6.1 Explaining or supporting logical predictions (e.g., providing evidence from text to explain why something is likely to happen next (R-6-5.1)

1.3.2.6.2 Describing characters’ traits, motivation, or interactions, citing thoughts, words, or actions that reveal characters’ traits, motivations, or their changes over time (R-6-5.2)

1.3.2.6.3 Making inferences about cause/effect, external conflicts (e.g., person versus person, person versus nature/society/fate), or the relationship among elements within text (e.g., how the historical era influences the characters’ actions or thinking) (R-6-5.3)

1.3.2.6.4 Explaining how the narrator’s point of view affects the reader’s interpretation (R-6-5.4)

EXAMPLE: This story is told from Ted’s point of view. What do you know about how Ted feels because he tells the story?

1.3.2.6.5 Identifying author’s message or theme (R-6-5.5)

1.3.2.7 Students analyze and interpret author’s craft, citing evidence where appropriate by…

(R-6-6)

1.3.2.7.1 Demonstrating knowledge of use of literary elements and devices (i.e., imagery, exaggeration, simile, metaphor, foreshadowing, or suspense) to analyze literary works (R-6-6.1)

Grade 7

1.3.2.8 Students analyze and interpret elements of literary texts, citing evidence where appropriate by…

(R–7-5)

1.3.2.8.1 Explaining or supporting logical predictions (R-7-5.1)

1.3.2.8.2 Describing characters’ traits, motivation, or interactions, citing thoughts, words, or actions that reveal characters’ traits, motivations, or their changes over time (R-7-5.2)

1.3.2.8.3 Making inferences about cause/effect (e.g., explaining how an event gives rise to the next), internal or external conflicts (e.g., person versus self, person versus person, person versus nature/society/fate), or the relationship among elements within text (R-7-5.3)

1.3.2.8.4 Explaining how the narrator’s point of view affects the reader’s interpretation (R-7-5.4)

1.3.2.8.5 Explaining how the author’s message or theme is supported within the text (R-7-5.5)

1.3.2.9 Students analyze and interpret author’s craft, citing evidence where appropriate by…

(R-7-6)

1.3.2.9.1 Demonstrating knowledge of use of literary elements and devices (i.e., imagery, exaggeration, repetition, flashback, foreshadowing, personification) to analyze literary works (R-7-6.1)

EXAMPLE: Why did the author choose to use flashback in this story?

Grades 9-Diploma

1.3.2.10 Students analyze and interpret elements of literary texts, citing evidence where appropriate by…

(R-10-5)

1.3.2.10.1 Explaining and supporting logical predictions or logical outcomes (e.g., drawing conclusions based on interactions between characters or evolving plot) (R-10-5.1)

1.3.2.10.2 Examining characterization (e.g., stereotype, antagonist, protagonist), motivation, or interactions (including relationships), citing thoughts, words, or actions that reveal character traits, motivations, or changes over time (R-10-5.2)

1.3.2.10.3 Making inferences about cause/effect, internal or external conflicts (e.g., person versus self, person versus person, person versus nature/society/fate), or the relationship among elements within text (e.g., describing the interaction among plot/subplots) (R-10-5.3)

1.3.2.10.4 Explaining how the narrator’s point of view or author’s style is evident and affects the reader’s interpretation (R-10-5.4)

EXAMPLE: If this story were told from another character’s point of view, how would the reader’s interpretation be different?

1.3.2.10.5 Explaining how the author’s purpose (e.g., to entertain, inform or persuade) message or theme (which may include universal themes) is supported within the text (R-10-5.5)

1.3.2.11 Students analyze and interpret author’s craft, citing evidence where appropriate by…

(R-10-6)

1.3.2.11.1 Demonstrating knowledge of author’s style or use of literary elements and devices (i.e., imagery, repetition, flashback, foreshadowing, personification, hyperbole, symbolism, analogy, allusion, diction, syntax, or use of punctuation) to analyze literary works (R-10-6.1)

(Assumes a variety of text and increasing text complexity across grade levels)

1.4 INFORMATIONAL TEXTS

1.4.1 INITIAL UNDERSTANDING of INFORMATIONAL TEXT (Expository and Practical Text across Content Areas) (R-7)

Grade 2

1.4.1.1 Students demonstrate initial understanding of informational texts (expository and practical texts) by…

(R-2-7)

1.4.1.1.1 Obtaining information, from text features (e.g., simple table of contents, glossary, charts, graphs, diagrams, or illustrations) (R-2-7.1)

EXAMPLE: On what page would you find information about snakes?

1.4.1.1.2 Using explicitly stated information to answer questions (R-2-7.2)

EXAMPLE: According to this report, what do dolphins eat?

Grade 3

1.4.1.2 Students demonstrate initial understanding of informational texts (expository and practical texts) by…

(R-3-7)

1.4.1.2.1 Obtaining information, from text features (e.g., table of contents, glossary, basic transition words, bold or italicized text, headings, graphic organizers, charts, graphs, or illustrations) (R-3-7.1)

EXAMPLES: What words does the author want you to notice on this page? What is the last step of the directions?

1.4.1.2.2 Using information from the text to answer questions related to explicitly stated main/central ideas or details (R-3-7.2)

1.4.1.2.3 Organizing information to show understanding (e.g., representing main/central ideas or details within text through charting or mapping) (R-3-7.3)

EXAMPLE: Given a chart (with headings filled in), students are asked to provide examples from the text to show physical characteristics of two different places or things

Grade 4

1.4.1.3 Students demonstrate initial understanding of informational texts (expository and practical texts) by…

(R-4-7)

1.4.1.3.1 Obtaining information from text features (e.g., table of contents, glossary, index, transition words/phrases, bold or italicized text, headings, subheadings, graphic organizers, charts, graphs, or illustrations) (R-4-7.1)

1.4.1.3.2 Using information from the text to answer questions related to explicitly stated main/central ideas or key details (R-4-7.2)

1.4.1.3.3 Organizing information to show understanding (e.g., representing main/central ideas or details within text through charting, mapping, paraphrasing, or summarizing) (R-4-7.3)

Grade 5

1.4.1.4 Students demonstrate initial understanding of informational texts (expository and practical texts) by…

(R-5-7)

1.4.1.4.1 Obtaining information from text features (e.g., table of contents, glossary, index, transition words /phrases, bold or italicized text, headings, subheadings, graphic organizers, charts, graphs, or illustrations) (R-5-7.1)

1.4.1.4.2 Using information from the text to answer questions related to main/central ideas or key details (R-5-7.2)

1.4.1.4.3 Organizing information to show understanding (e.g., representing main/central ideas or details within text through charting, mapping, paraphrasing, summarizing, or comparing/contrasting)

(R-5-7.3)

Grade 6

1.4.1.5 Students demonstrate initial understanding of informational texts (expository and practical texts) by…

(R-6-7)

1.4.1.5.1 Obtaining information from text features (e.g., table of contents, glossary, index, transition words /phrases, bold or italicized text, headings, subheadings, graphic organizers, charts, graphs, or illustrations) (R-6-7.1)

1.4.1.5.2 Using information from the text to answer questions related to main/central ideas or key details (R-6-7.2)

1.4.1.5.3 Organizing information to show understanding (e.g., representing main/central ideas or details within text through charting, mapping, paraphrasing, summarizing, or comparing/contrasting) (R-6-7.3)

Grade 7

1.4.1.6 Students demonstrate initial understanding of informational texts (expository and practical texts) by…

(R-7-7)

1.4.1.6.1 Obtaining information from text features (e.g., table of contents, glossary, index, transition words /phrases, transitional devices, bold or italicized text, headings, subheadings, graphic organizers, charts, graphs, or illustrations) (R-7-7.1)

1.4.1.6.2 Using information from the text to answer questions, to state the main/central ideas, or to provide supporting details (R-7-7.2)

1.4.1.6.3 Organizing information to show understanding (e.g., representing main/central ideas or details within text through charting, mapping, paraphrasing, summarizing, or comparing/contrasting) (R-7-7.30

Grades 9-Diploma

1.4.1.7 Students demonstrate initial understanding of informational texts (expository and practical texts) by…

(R-10-7)

1.4.1.7.1 Obtaining information from text features [e.g., table of contents, glossary, index, transition words/phrases, transitional devices (including use of white space), bold or italicized text, headings, subheadings, graphic organizers, charts, graphs, or illustrations] (R-10-7.1)

1.4.1.7.2 Using information from the text to answer questions; to state the main/central ideas; to provide supporting details; to explain visual components supporting the text; or, to interpret maps, charts, timelines, tables, or diagrams (R-10-7.2)

1.4.1.7.3 Organizing information to show understanding or relationships among facts, ideas, and events (e.g., representing main/central ideas or details within text through charting, mapping, paraphrasing, summarizing, comparing/contrasting, outlining) (R-10-7.3)

(Assumes increasing text complexity across grade levels.)

1.4.2 ANALYSIS AND INTERPRETATION OF INFORMATIONAL TEXTS (EXPOSITORY AND PRACTICAL TEXT ACROSS CONTENT AREAS) CITING EVIDENCE (R-8)

Grade 2

1.4.2.1 Analyze and interpret informational text, citing evidence as appropriate by…

(R-2-8)

1.4.2.1.1 Connecting information within a text (R-2-8.1)

EXAMPLE: Combining or comparing facts and details presented - What food is eaten by both kinds of fish?

1.4.2.1.2 Recognizing generalizations about text (e.g., identifying appropriate titles or main/central ideas) (R-2-8.2)

1.4.2.1.3 Making basic inferences or drawing basic conclusions (R-2-8.3)

EXAMPLE: Based on this report, do turtles make good pets?

1.4.2.1.4 Making inferences about causes or effects, when signal words are present (R-2-8.5)

EXAMPLE: “The sun came out. Then the puddle dried up.” What made the puddle dry up?

Grade 3

1.4.2.2 Students analyze and interpret informational texts, citing evidence where appropriate by…

(R-3-8)

1.4.2.2.1 Connecting information within a text (R-3-8.1)

EXAMPLE: Combining, comparing, or using information found in both the written text and in a caption in a text

1.4.2.2.2 Recognizing generalizations about text (e.g., identifying appropriate titles, assertions, or controlling ideas) (R-3-8.2)

1.4.2.2.3 Making basic inferences, drawing basic conclusions, or forming judgments/opinions about central ideas that are relevant (R-3-8.3)

1.4.2.2.4 Distinguishing fact from opinion (R-3-8.4)

1.4.2.2.5 Making inferences about causes or effects (R-3-8.5)

EXAMPLE: What probably caused the fire to start in the garage?

Grade 4

1.4.2.3 Students analyze and interpret informational text, citing evidence as appropriate by…(R-4–8)

1.4.2.3.1 Connecting information within a text or across texts (R-4-8.1)

1.4.2.3.2 Synthesizing information within or across text(s) (e.g., constructing appropriate titles; or formulating assertions or controlling ideas) (R-4-8.2)

1.4.2.3.3 Drawing inferences about text, including author’s purpose (e.g., to inform, explain, entertain) or message; or drawing basic conclusions; or forming judgments/opinions about central ideas that are relevant (R-4-8.3)

1.4.2.3.4 Distinguishing fact from opinion (R-4-8.4)

1.4.2.3.5 Making inferences about causes or effects (R-4-8.5)

Grade 5

1.4.2.4 Students analyze and interpret informational text, citing evidence as appropriate by…

(R-5–8)

1.4.2.4.1 Connecting information within a text or across texts(R-5-8.1)

1.4.2.4.2 Synthesizing information within or across text(s) (e.g., constructing appropriate titles; or formulating assertions or controlling ideas) (R-5-8.2)

1.4.2.4.3 Drawing inferences about text, including author’s purpose (e.g., to inform, explain, entertain, persuade) or message; or forming and supporting opinions/judgments and assertions about central ideas that are relevant

(R-5–8.3)

1.4.2.4.4 Distinguishing fact from opinion (R-5-8.4)

1.4.2.4.5 Making inferences about causes or effects (R-5-8.5)

Grade 6

1.4.2.5 Students analyze and interpret informational text, citing evidence as appropriate by…

(R-6-8)

1.4.2.5.1 Connecting information within a text or across texts (R-6-8.1)

1.4.2.5.2 Synthesizing information within or across text(s) (e.g., constructing appropriate titles; or formulating assertions or controlling ideas (R-6-8.2)

1.4.2.5.3 Drawing inferences about text, including author’s purpose (e.g., to inform, explain, entertain, persuade) or message; or forming and supporting opinions/judgments and assertions about central ideas that are relevant (R-6-8.3)

1.4.2.5.4 Distinguishing fact from opinion, and identifying possible bias/propaganda (R-6-8.4)

1.4.2.5.5 Making inferences about causes or effects (R-6-8.5)

Grade 7

1.4.2.6 Students analyze and interpret informational text, citing evidence as appropriate by…

(R-7-8)

1.4.2.6.1 Explaining connections about information within a text, across texts, or to related ideas (R-7-8.1)

1.4.2.6.2 Synthesizing and evaluating information within or across text(s) (e.g., constructing appropriate titles; or formulating assertions or controlling ideas (R-7-8.2)

1.4.2.6.3 Drawing inferences about text, including author’s purpose (e.g., to inform, explain, entertain, persuade) or message; or using supporting evidence to form or evaluate opinions/judgments and assertions about the central ideas that are relevant (R-7-8.3)

EXAMPLE (of evaluating): Given a statement (opinion, judgment, or assertion), students provide evidence from the text that this statement does/does not support the author’s purpose in writing the piece.

1.4.2.6.4 Distinguishing fact from opinion, and identifying possible bias/propaganda or conflicting information within or across texts (R-7-8.4)

1.4.2.6.5 Making inferences about causes or effects (R-7-8.5)

Grades 9-Diploma

1.4.2.7 Students analyze and interpret informational text, citing evidence as appropriate by…

(R-10-8)

1.4.2.7.1 Explaining connections about information within a text, across texts, or to related ideas (R-10-8.1)

EXAMPLE: Students are asked to compare information presented in two textual excerpts.

1.4.2.7.2 Synthesizing and evaluating information within or across text(s) (e.g., constructing appropriate titles; or formulating assertions or controlling ideas)

(R-10-8.2)

EXAMPLE: How does the title of the article reflect the author’s perspective?

1.4.2.7.3 Drawing inferences about text, including author’s purpose (e.g., to inform, explain, entertain, persuade) or message; or explaining how purpose may affect the interpretation of the text; or using supporting evidence to form or evaluate opinions/judgments and assertions about central ideas that are relevant (R-10-8.3)

1.4.2.7.4 Distinguishing fact from opinion, and evaluating possible bias/propaganda or conflicting information within or across texts (R-10-8.4)

1.4.2.7.5 Making inferences about causes and/or effects (R-10-8.5)

1.4.2.7.6 Evaluating the clarity and accuracy of information (e.g. consistency, effectiveness of organizational pattern, or logic of arguments) R-10-8.6

(Assumes increasing text complexity across grade levels.)

2 MATHEMATICS

2.1 Number and Operations

Grade 2

2.1.1 Students demonstrate conceptual understanding of rational numbers with respect to: whole numbers from 0 to 199 using place value, by applying the concepts of equivalency in composing or decomposing numbers (e.g., 34 = 17 + 17; 34 = 29 + 5); and in expanded notation (e.g., 141 = 1 hundred + 4 tens + 1 one or 141 = 100 + 40 + 1) using models, explanations, or other representations; and positive fractional numbers (benchmark fractions: a/2, a/3, or a/4, where a is a whole number greater than 0 and less than or equal to the denominator) as a part to whole relationship in area and set models where the denominator is equal to the number of parts in the whole using models, explanations, or other representations. (M(N&O)-2-1)

2.1.2 Students demonstrate understanding of the relative magnitude of numbers from 0 to 199 by ordering whole numbers; by comparing whole numbers to each other or to benchmark whole numbers (10, 25, 50, 75, 100, 125, 150, or 175); by demonstrating an understanding of the relation of inequality when comparing whole numbers by using “1 more”, “1 less”, “10 more”, “10 less”, “100 more”, or “100 less”; or by connecting number words and numerals to the quantities they represent using models, number lines, or explanations. (M(N&O)-2-2)

2.1.3 Students demonstrate conceptual understanding of mathematical operations involving addition and subtraction of whole numbers by solving problems involving joining actions, separating actions, part-part whole relationships, and comparison situations; and addition of multiple one-digit whole numbers. (M(N&O)–2–3)

2.1.4 Students demonstrate understanding of monetary value by adding coins together to a value no greater than $1.99 and representing the result in dollar notation; making change from $1.00 or less, or recognizing equivalent coin representations of the same value (values up to $1.99). (M(N&O)–2–5))

Grade 3

2.1.5 Students demonstrate conceptual understanding of rational numbers with respect to: whole numbers from 0 to 999 through equivalency, composition, decomposition, or place value using models, explanations, or other representations; and positive fractional numbers (benchmark fractions: a/2, a/3, a/4, a/6, or a/8, where a is a whole number greater than 0 and less than or equal to the denominator) as a part to whole relationship in area and set models where the number of parts in the whole is equal to the denominator; and decimals (within a context of money) as a part of 100 using models, explanations, or other representations. (M(N&O)-3-1)

2.1.6 Students demonstrate understanding of the relative magnitude of numbers from 0 to 999 by ordering whole numbers; by comparing whole numbers to benchmark whole numbers (100, 250, 500, or 750); or by comparing whole numbers to each other; and comparing or identifying equivalent positive fractional numbers (a/2, a/3, a/4 where a is a whole number greater than 0 and less than or equal to the denominator) using models, number lines, or explanations. (M(N&O)-3-2)

2.1.7 Students demonstrate conceptual understanding of mathematical operations by describing or illustrating the inverse relationship between addition and subtraction of whole numbers; and the relationship between repeated addition and multiplication using models, number lines, or explanations. (M(N&O)-3-3)

2.1.8 Students accurately solve problems involving addition and subtraction with and without regrouping; the concept of multiplication; and addition or subtraction of decimals (in the context of money). (M(N&O)-3-4)

Grade 4

2.1.9 Students demonstrate conceptual understanding of rational numbers with respect to: whole numbers from 0 to 999,999 through equivalency, composition, decomposition, or place value using models, explanations, or other representations; and positive fractional numbers (benchmark fractions: a/2, a/3, a/4, a/5, a/6, a/8, or a/10, where a is a whole number greater than 0 and less than or equal to the denominator) as a part to whole relationship in area, set, or linear models where the number of parts in the whole are equal to, and a multiple or factor of the denominator; and decimals as hundredths within the context of money, or tenths within the context of metric measurements (e.g., 2.3 cm) using models, explanations, or other representations. (M(N&O)-4-1)

2.1.10 Students demonstrate understanding of the relative magnitude of numbers from 0 to 999,999 by ordering or comparing whole numbers; and ordering, comparing, or identifying equivalent proper positive fractional numbers; or decimals using models, number lines, or explanations.

(M(N&O)-4-2)

2.1.11 Students demonstrate conceptual understanding of mathematical operations by describing or illustrating the relationship between repeated subtraction and division (no remainders); the inverse relationship between multiplication and division of whole numbers; or the addition or subtraction of positive fractional numbers with like denominators using models, number lines, or explanations. (M(N&O)-4-3)

2.1.12 Students accurately solve problems involving multiple operations on whole numbers or the use of the properties of factors and multiples; and addition or subtraction of decimals and positive proper fractions with like denominators. (Multiplication limited to 2 digits by 2 digits, and division limited to 1 digit divisors.) (IMPORTANT: Applies the conventions of order of operations where the left to right computations are modified only by the use of parentheses.) (M(N&O)-4-4)

Grade 5

2.1.13 Students demonstrate conceptual understanding of rational numbers with respect to: whole numbers from 0 to 9,999,999 through equivalency, composition, decomposition, or place value using models, explanations, or other representations; and positive fractional numbers (proper, mixed number, and improper) (halves, fourths, eighths, thirds, sixths, twelfths, fifths, or powers of ten (10, 100, 1000)), decimals (to thousandths), or benchmark percents (10%, 25%, 50%, 75% or 100%) as a part to whole relationship in area, set, or linear models using models, explanations, or other representations*. (M(N&O)-5-1)

2.1.14 Students demonstrate understanding of the relative magnitude of numbers by ordering, comparing, or identifying equivalent positive fractional numbers, decimals, or benchmark percents within number formats (fractions to fractions, decimals to decimals, or percents to percents); or integers in context using models or number lines. M(N&O)-5-2

2.1.15 Students demonstrate conceptual understanding of mathematical operations by describing or illustrating the meaning of a remainder with respect to division of whole numbers using models, explanations, or solving problems. M(N&O)-5-3

2.1.16 Students accurately solve problems involving multiple operations on whole numbers or the use of the properties of factors, multiples, prime, or composite numbers; and addition or subtraction of fractions (proper) and decimals to the hundredths place. (Division of whole numbers by up to a two-digit divisor.) (IMPORTANT: Applies the conventions of order of operations with and without parentheses.) (M(N&O)-5-4)

Grade 6

2.1.17 Students demonstrate conceptual understanding of rational numbers with respect to ratios (comparison of two whole numbers by division a/b, a : b, and a ÷ b , where b ( 0); and rates (e.g., a out of b, 25%) using models, explanations, or other representations*. (M(N&O)-6-1)

2.1.18 Students demonstrate understanding of the relative magnitude of numbers by ordering or comparing numbers with whole number bases and whole number exponents (e.g.,33, 43), integers, or rational numbers within and across number formats (fractions, decimals, or whole number percents from 1- 100) using number lines or equality and inequality symbols.

(M(N&O)-6-2)

2.1.19 Students demonstrate conceptual understanding of mathematical operations by describing or illustrating the meaning of a power by representing the relationship between the base (whole number) and the exponent (whole number) (e.g.,33, 43); and the effect on the magnitude of a whole number when multiplying or dividing it by a whole number, decimal, or fraction. (M(N&O)-6-3)

2.1.20 Students accurately solve problems involving single or multiple operations on fractions (proper, improper, and mixed), or decimals; and addition or subtraction of integers; percent of a whole; or problems involving greatest common factor or least common multiple. (IMPORTANT: Applies the conventions of order of operations with and without parentheses.) (M(N&O)-6-4)

Grade 7

2.1.21 Students demonstrate conceptual understanding of rational numbers with respect to percents as a means of comparing the same or different parts of the whole when the wholes vary in magnitude (e.g., 8 girls in a classroom of 16 students compared to 8 girls in a classroom of 20 students, or 20% of 400 compared to 50% of 100); and percents as a way of expressing multiples of a number (e.g., 200% of 50) using models, explanations, or other representations*. (M(N&O)-7-1)

2.1.22 Students demonstrate understanding of the relative magnitude of numbers by ordering, comparing, or identifying equivalent rational numbers across number formats, numbers with whole number bases and whole number exponents (e.g., 33, 43), integers, absolute values, or numbers represented in scientific notation using number lines or equality and inequality symbols. (M(N&O)-7-2)

2.1.23 Students accurately solve problems involving proportional reasoning; percents involving discounts, tax, or tips; and rates. (IMPORTANT: Applies the conventions of order of operations including parentheses, brackets, or exponents.) (M(N&O)-7-4)

*Specifications for area, set, and linear models for grades 5 – 8: Fractions: The number of parts in the whole are equal to the denominator, a multiple of the denominator, or a factor of the denominator. Percents: The number of parts in the whole is equal to 100, a multiple of 100, or a factor of 100 (for grade 5); the number of parts in the whole is a multiple or a factor of the numeric value representing the whole (for grades 6-8). Decimals (including powers of ten): The number of parts in the whole is equal to the denominator of the fractional equivalent of the decimal, a multiple of the denominator of the fractional equivalent of the decimal, or a factor of the denominator of the fractional equivalent of the decimal.

Grades 9-Diploma

2.1.24 Students demonstrate understanding of the relative magnitude of real numbers by solving problems involving ordering or comparing rational numbers, common irrational numbers (e.g.,, ), rational bases with integer exponents, square roots, absolute values, integers, or numbers represented in scientific notation using number lines or equality and inequality symbols. (M(N&O)-10-2)

2.1.25 Students accurately solve problems involving rational numbers within mathematics, across content strands, disciplines or contexts (with emphasis on, but not limited to, proportions, percents, ratios, and rates). (M(N&O)–10–4)

2.2 Geometry and Measurement

Grade 2

2.2.1 Students use properties, attributes, composition, or decomposition to sort or classify polygons or objects by a combination of two or more non-measurable or measurable attributes. (M(G&M)-2-1)

2.2.2 Students demonstrate conceptual understanding of perimeter and area by using models or manipulatives to surround and cover polygons.

(M(G&M)–2–6)

2.2.3 Students measure and use units of measures appropriately and consistently, and make conversions within systems when solving problems across the content strands. (M(G&M)-2-7)

Grade 3

2.2.4 Students use properties or attributes of angles (number of angles) or sides (number of sides or length of sides) or composition or decomposition of shapes to identify, describe, or distinguish among triangles, squares, rectangles, rhombi, trapezoids, hexagons, or circles. (M(G&M)-3-1)

2.2.5 Students demonstrate conceptual understanding of perimeter of polygons, and the area of rectangles on grids using a variety of models or manipulatives. Express all measures using appropriate units. (M(G&M)-3-6)

2.2.6 Students measure and use units of measures appropriately and consistently, and make conversions within systems when solving problems across the content strands. (M(G&M)-3-7)

Grade 4

2.2.7 Students use properties or attributes of angles (number of angles) or sides (number of sides, length of sides, parallelism, or perpendicularity) to identify, describe, or distinguish among triangles, squares, rectangles, rhombi, trapezoids, hexagons, or octagons; or classify angles relative to 90o as more than, less than, or equal to. (M(G&M)-4-1)

2.2.8 Students use properties or attributes (shape of bases or number of lateral faces) to identify, compare, or describe three-dimensional shapes (rectangular prisms, triangular prisms, cylinders, or spheres). (M(G&M)-4-3)

2.2.9 Students demonstrate conceptual understanding of congruency by matching congruent figures using reflections, translations, or rotations (flips, slides, or turns), or as the result of composing or decomposing shapes using models or explanations. (M(G&M)-4-4)

2.2.10 Students demonstrate conceptual understanding of similarity by applying scales on maps, or applying characteristics of similar figures (same shape but not necessarily the same size) to identify similar figures, or to solve problems involving similar figures. Describe relationships using models orsc explanations. (M(G&M)-4-5)

2.2.11 Students demonstrate conceptual understanding of perimeter of polygons, and the area of rectangles, polygons or irregular shapes on grids using a variety of models, manipulatives, or formulas. Express all measures using appropriate units. (M(G&M)-4-6)

2.2.12 Students measure and use units of measures appropriately and consistently, and make conversions within systems when solving problems across the content strands. (M(G&M)-4-7)

Grade 5

2.2.13 Students use properties or attributes of angles (right, acute, or obtuse) or sides (number of congruent sides, parallelism, or perpendicularity) to identify, describe, classify, or distinguish among different types of triangles (right, acute, obtuse, equiangular, or equilateral) or quadrilaterals (rectangles, squares, rhombi, trapezoids, or parallelograms). (M(G&M)-5-1)

2.2.14 Students use properties or attributes (shape of bases, number of lateral faces, or number of bases) to identify, compare, or describe three-dimensional shapes (rectangular prisms, triangular prisms, cylinders, spheres, pyramids, or cones). (M(G&M)-5-3)

2.2.15 Students demonstrate conceptual understanding of perimeter of polygons, and the area of rectangles or right triangles through models, manipulatives, or formulas, the area of polygons or irregular figures on grids, and volume of rectangular prisms (cubes) using a variety of models, manipulatives, or formulas. Express all measures using appropriate units. (M(G&M)-5-6)

2.2.16 Students measure and use units of measures appropriately and consistently, and make conversions within systems when solving problems across the content strands. (M(G&M)-5-7)

Grade 6

2.2.17 Students use properties or attributes of angles (right, acute, or obtuse) or sides (number of congruent sides, parallelism, or perpendicularity) to identify, describe, classify, or distinguish among different types of triangles (right, acute, obtuse, equiangular, scalene, isosceles, or equilateral) or quadrilaterals (rectangles, squares, rhombi, trapezoids, or parallelograms). (M(G&M)-6-1)

2.2.18 Students use properties or attributes (shape of bases, number of lateral faces, number of bases, number of edges, or number of vertices) to identify, compare, or describe three-dimensional shapes (rectangular prisms, triangular prisms, cylinders, spheres, pyramids, or cones). (M(G&M)-6-3)

2.2.19 Students demonstrate conceptual understanding of similarity by describing the proportional effect on the linear dimensions of polygons or circles when scaling up or down while preserving the angles of polygons, or by solving related problems (including applying scales on maps). Describe effects using models or explanations. (M(G&M)-6-5)

2.2.20 Students demonstrate conceptual understanding of perimeter of polygons, the area of quadrilaterals or triangles, and the volume of rectangular prisms by using models, formulas, or by solving problems; and demonstrate understanding of the relationships of circle measures (radius to diameter and diameter to circumference) by solving related problems. Express all measures using appropriate units. (M(G&M)-6-6)

M( 2.2.21 Students measure and use units of measures appropriately and consistently, and make conversions within systems when solving

problems across the content strands. (M(G&M)-6-7)

Grade 7

2.2.22 Students use properties of angle relationships resulting from two or three intersecting lines (adjacent angles, vertical angles, straight angles, or angle relationships formed by two non-parallel lines cut by a transversal), or two parallel lines cut by a transversal to solve problems. (M(G&M)-7-1)

2.2.23 Students apply theorems or relationships (triangle inequality or sum of the measures of interior angles of regular polygons) to solve problems. (M(G&M)-7-2)

2.2.24 Students apply the concepts of congruency by solving problems on a coordinate plane involving reflections, translations, or rotations.

(M(G&M)-7-4)

2.2.25 Students apply concepts of similarity by solving problems involving scaling up or down and their impact on angle measures, linear dimensions and areas of polygons, and circles when the linear dimensions are multiplied by a constant factor. Describe effects using models or explanations. (M(G&M)-7-5)

2.2.26 Students demonstrate conceptual understanding of the area of circles or the area or perimeter of composite figures (quadrilaterals, triangles, or parts of circles), and the surface area of rectangular prisms, or volume of rectangular prisms, triangular prisms, or cylinders using models, formulas, or by solving related problems. Express all measures using appropriate units. (M(G&M)-7-6)

Grades 9-Diploma

2.2.27 Students make and defend conjectures, construct geometric arguments, use geometric properties, or use theorems to solve problems involving angles, lines, polygons, circles, or right triangle ratios (sine, cosine, tangent) within mathematics or across disciplines or contexts (e.g., Pythagorean Theorem, Triangle Inequality Theorem). (M(G&M)-10-2)

2.2.28 Students apply the concepts of congruency by solving problems on or off a coordinate plane involving reflections, translations, or rotations; or solve problems using congruency involving problems within mathematics or across disciplines or contexts. (M(G&M)-10-4)

2.2.29 Students apply concepts of similarity by solving problems within mathematics or across disciplines or contexts. (M(G&M)-10-5)

2.2.30 Students solve problems involving perimeter, circumference, or area of two-dimensional figures (including composite figures) or surface area or volume of three-dimensional figures (including composite figures) within mathematics or across disciplines or contexts. (M(G&M)-10-6 M)

2.2.31 Students use units of measure appropriately and consistently when solving problems across content strands; make conversions within or across systems and make decisions concerning an appropriate degree of accuracy in problem situations involving measurement in other GLEs. (M(G&M)-10-7)

2.2.32 Students solve problems on and off the coordinate plane involving distance, midpoint, perpendicular and parallel lines, or slope. (M(G&M)-10-9)

2.3 Functions and Algebra

Grade 2

2.3.1 Students identify and extend to specific cases a variety of patterns (linear and non-numeric) represented in models, tables, or sequences by extending the pattern to the next element, or finding a missing element (e.g., 2, 4, 6, ___, 10). (M(F&A)-2-1)

2.3.2 Students demonstrate conceptual understanding of equality by finding the value that will make an open sentence true (e.g., ). (limited to one operation and limited to use addition or subtraction) (M(F&A)-2-4)

Grade 3

2.3.3 Students identify and extend to specific cases a variety of patterns (linear and non-numeric) represented in models, tables, or sequences by extending the pattern to the next one, two, or three elements, or finding missing elements. (M(F&A)-3-1)

2.3.4 Students demonstrate conceptual understanding of equality by showing equivalence between two expressions using models or different representations of the expressions; or by finding the value that will make an open sentence true (e.g., ). (limited to one operation and limited to use addition, subtraction, or multiplication) (M(F&A)-3-4)

Grade 4

2.3.5 Students identify and extend to specific cases a variety of patterns (linear and nonlinear) represented in models, tables or sequences; and write a rule in words orsc symbols to find the next case. (M(F&A)-4-1)

2.3.6 Students demonstrate conceptual understanding of algebraic expressions by using letters or symbols to represent unknown quantities to write simple linear algebraic expressions involving any one of the four operations; or by evaluating simple linear algebraic expressions using whole numbers. (M(F&A)-4-3)

2.3.6 Students demonstrate conceptual understanding of equality by showing equivalence between two expressions using models or different representations of the expressions, by simplifying numerical expressions where left to right computations may be modified only by the use of parentheses [e.g., 14 – (2 × 5)] (expressions consistent with the parameters of M(F&A)–4–3), and by solving one-step linear equations of the form ax = c, x ± b = c, where a, b, and c are whole numbers with a ≠ 0. (M(F&A)-4-4)

Grade 5

2.3.7 Students identify and extend to specific cases a variety of patterns (linear and nonlinear) represented in models, tables, sequences, or in problem situations; and write a rule in words orsc symbols for finding specific cases of a linear relationship. (M(F&A)-5-1)

2.3.8 Students demonstrate conceptual understanding of algebraic expressions by using letters to represent unknown quantities to write linear algebraic expressions involving any two of the four operations; or by evaluating linear algebraic expressions using whole numbers. (M(F&A)-5-3)

2.3.9 Students demonstrate conceptual understanding of equality by showing equivalence between two expressions using models or different representations of the expressions (expressions consistent with the parameters of M(F&A)–5–3), by solving one-step linear equations of the form ax = c, x ± b = c, or x/a = c, where a, b, and c are whole numbers with a ≠ 0; or by determining which values of a replacement set make the equation (multi-step of the form ax ± b = c where a, b, and c are whole numbers with a ≠ 0) a true statement (e.g., 2x + 3 = 11, {x: x = 2, 3, 4, 5}). (M(F&A)-5-4)

Grade 6

2.3.10 Students identify and extend to specific cases a variety of patterns (linear and nonlinear) represented in models, tables, sequences, graphs, or in problem situations; or write a rule in words or symbols for finding specific cases of a linear relationship; or write a rule in words orsc symbols for finding specific cases of a nonlinear relationship; and write an expression orsc equation using words orsc symbols to express the generalization of a linear relationship (e.g., twice the term number plus 1 orsc 2n + 1). (M(F&A)-6-1)

2.3.11 Students demonstrate conceptual understanding of linear relationships (y = kx; y = mx + b) as a constant rate of change by constructing or interpreting graphs of real occurrences and describing the slope of linear relationships (faster, slower, greater, or smaller) in a variety of problem situations; and describe how change in the value of one variable relates to change in the value of a second variable in problem situations with constant rates of change. (M(F&A)-6-2)

2.3.12 Students demonstrate conceptual understanding of algebraic expressions by using letters to represent unknown quantities to write linear algebraic expressions involving two or more of the four operations; or by evaluating linear algebraic expressions (including those with more than one variable); or by evaluating an expression within an equation (e.g., determine the value of y when x = 4 given y = 3x – 2). (M(F&A)-6-3)

2.3.13 Students demonstrate conceptual understanding of equality by showing equivalence between two expressions using models or different representations of the expressions (expressions consistent with the parameters of M(F&A)-6–3), solving multi-step linear equations of the form ax ± b = c, where a, b, and c are whole numbers with a ≠ 0. (M(F&A)-6-4)

Grade 7

2.3.14 Students identify and extend to specific cases a variety of patterns (linear and nonlinear) represented in models, tables, sequences, graphs, or in problem situations; and generalize a linear relationship using words and symbols; generalizes a linear relationship to find a specific case; or write an expression orsc equation using words orsc symbols to express the generalization of a nonlinear relationship. (M(F&A)-7-1)

2.3.15 Students demonstrate conceptual understanding of linear relationships (y = kx; y = mx + b) as a constant rate of change by solving problems involving the relationship between slope and rate of change, by describing the meaning of slope in concrete situations, or informally determining the slope of a line from a table or graph; and distinguish between constant and varying rates of change in concrete situations represented in tables or graphs; or describe how change in the value of one variable relates to change in the value of a second variable in problem situations with constant rates of change. (M(F&A)-7-2)

2.3.16 Students demonstrate conceptual understanding of algebraic expressions by using letters to represent unknown quantities to write algebraic expressions (including those with whole number exponents or more than one variable); or by evaluating algebraic expressions (including those with whole number exponents or more than one variable); or by evaluating an expression within an equation (e.g., determine the value of y when x = 4 given y = 5x3 – 2). (M(F&A)-7-3)

2.3.17 Students demonstrate conceptual understanding of equality by showing equivalence between two expressions (expressions consistent with the parameters of the left- and right-hand sides of the equations being solved at this grade level) using models or different representations of the expressions, solving multi-step linear equations of the form ax ± b = c with a ≠ 0, ax ± b = cx ± d with a, c ≠ 0, and (x/a) ± b = c with a ≠ 0, where a, b, c and d are whole numbers; or by translating a problem-solving situation into an equation consistent with the parameters of the type of equations being solved for this grade level. (M(F&A)-7-4)

Grades 9-Diploma

2.3.18 Students identify, extend, and generalize a variety of patterns (linear and nonlinear) represented by models, tables, sequences, or graphs in problem solving situations. (M(F&A)-10-1)

2.3.19 Students demonstrate conceptual understanding of linear and nonlinear functions and relations (including characteristics of classes of functions) through an analysis of constant, variable, or average rates of change, intercepts, domain, range, maximum and minimum values, increasing and decreasing intervals and rates of change (e.g., the height is increasing at a decreasing rate); describe how change in the value of one variable relates to change in the value of a second variable; or works between and among different representations of functions and relations (e.g., graphs, tables, equations, function notation). (M(F&A)-10-2)

2.3.20 Students demonstrate conceptual understanding of algebraic expressions by solving problems involving algebraic expressions, by simplifying expressions (e.g., simplifying polynomial or rational expressions, or expressions involving integer exponents, square roots, or absolute values), by evaluating expressions, or by translating problem situations into algebraic expressions. (M(F&A)-10-3)

2.3.21 Students demonstrate conceptual understanding of equality by solving problems involving algebraic reasoning about equality; by translating problem situations into equations; by solving linear equations (symbolically and graphically) and expressing the solution set symbolically or graphically, or providing the meaning of the graphical interpretations of solution(s) in problem-solving situations; or by solving problems involving systems of linear equations in a context (using equations or graphs) or using models or representations. (M(F&A)-10-4)

2.4 Data, Statistics, and Probability

Grade 2

2.4.1 Students interpret a given representation (pictographs with one-to-one correspondence, line plots, tally charts, or tables) to answer questions related to the data, or to analyze the data to formulate conclusions. (IMPORTANT: Analyzes data consistent with concepts and skills in M(DSP)–2–2.) (M(DSP)-2-1)

2.4.2 Students analyze patterns, trends, or distributions in data in a variety of contexts by determining or using more, less, or equal. (M(DSP)-2-2)

2.4.3 Students use counting techniques to solve problems involving combinations using a variety of strategies (e.g., student diagrams, organized lists, tables, tree diagrams, orsc others); (e.g., How many ways can you make 50 cents using nickels, dimes, and quarters?) (M(DSP)-2-4)

Grade 3

2.4.4 Students interpret a given representation (line plots, tally charts, tables, or bar graphs) to answer questions related to the data, to analyze the data to formulate conclusions, or to make predictions. (IMPORTANT: Analyzes data consistent with concepts and skills in M(DSP)-3-2.) (M(DSP)-3-1)

2.4.5 Students analyze patterns, trends, or distributions in data in a variety of contexts by determining or using most frequent (mode), least frequent, largest, or smallest. (M(DSP)-3-2)

2.4.6 Students identify or describe representations or elements of representations that best display a given set of data or situation, consistent with the representations required in M(DSP)-3-1. (M(DSP)–3-3)

2.4.7 For a probability event in which the sample space may or may not contain equally likely outcomes, students determine the likelihood of the occurrence of an event (using “more likely”, “less likely”, or “equally likely”). (M(DSP)-3-5)

Grade 4

2.4.8 Students interpret a given representation (line plots, tables, bar graphs, pictographs, or circle graphs) to answer questions related to the data, to analyze the data to formulate or justify conclusions, to make predictions, or to solve problems. (IMPORTANT: Analyzes data consistent with concepts and skills in M(DSP)-4-2.) (M(DSP)-4-1)

2.4.9 Students analyze patterns, trends, or distributions in data in a variety of contexts by determining or using measures of central tendency (median or mode), or range. (M(DSP)-4-2)

2.4.10 Students use counting techniques to solve problems in context involving combinations or simple permutations (e.g., Given a map – Determine the number of paths from point A to point B.) using a variety of strategies (e.g., organized lists, tables, tree diagrams, or others).

(M(DSP)-4-4)

2.4.11 For a probability event in which the sample space may or may not contain equally likely outcomes, students determine the theoretical probability of an event and express the result as part to whole (e.g., two out of five). (M(DSP)-4-5)

Grade 5

2.4.12 Students interpret a given representation (tables, bar graphs, circle graphs, or line graphs) to answer questions related to the data, to analyze the data to formulate or justify conclusions, to make predictions, or to solve problems. (IMPORTANT: Analyzes data consistent with concepts and skills in M(DSP)-5-2.) (M(DSP)-5-1)

(

2.4.13 Students analyze patterns, trends, or distributions in data in a variety of contexts by determining or using measures of central tendency (mean, median, or mode) or range to analyze situations, or to solve problems. (M(DSP)-5-2)

2.4.14 Students identify or describe representations or elements of representations that best display a given set of data or situation, consistent with the representations required in M(DSP)-5-1. (M(DSP)-5-3)

2.4.15 For a probability event in which the sample space may or may not contain equally likely outcomes, students determine the experimental or theoretical probability of an event and express the result as a fraction. (M(DSP)-5-5)

Grade 6

2.4.15 Students interpret a given representation (circle graphs, line graphs, or stem-and-leaf plots) to answer questions related to the data, to analyze the data to formulate or justify conclusions, to make predictions, or to solve problems. (IMPORTANT: Analyzes data consistent with concepts and skills in M(DSP)-6-2.) (M(DSP)-6-1)

2.4.16 Students analyze patterns, trends or distributions in data in a variety of contexts by determining or using measures of central tendency (mean, median, or mode) or dispersion (range) to analyze situations, or to solve problems. (M(DSP)-6-2)

2.4.17 Students use counting techniques to solve problems in context involving combinations or simple permutations using a variety of strategies (e.g., organized lists, tables, tree diagrams, models, Fundamental Counting Principle, or others). (M(DSP)-6-4)

2.4.18 For a probability event in which the sample space may or may not contain equally likely outcomes, students determine the experimental or theoretical probability of an event in a problem-solving situation.

(M(DSP)-6-5)

Grade 7

2.4.19 Students interpret a given representation (circle graphs, scatter plots that represent discrete linear relationships, or histograms) to analyze the data to formulate or justify conclusions, to make predictions, or to solve problems. (IMPORTANT: Analyzes data consistent with concepts and skills in M(DSP)-7-2.)

(M(DSP)-7-1)

2.4.20 Students analyze patterns, trends, or distributions in data in a variety of contexts by solving problems using measures of central tendency (mean, median, or mode), dispersion (range or variation), or outliers to analyze situations to determine their effect on mean, median, or mode; and evaluate the sample from which the statistics were developed (bias). (M(DSP)-7-2)

2.4.21 Students interpret or describe representations or elements of representations that best display a given set of data or situation, consistent with the representations required in M(DSP)-7-1. (M(DSP)-7-3)

2.4.22 For a probability event in which the sample space may or may not contain equally likely outcomes, students determine the experimental or theoretical probability of an event in a problem-solving situation. (M(DSP)-7-5)

Grades 9-Diploma

2.4.23 Students Interpret a given representation(s) (e.g., box-and-whisker plots, scatter plots, bar graphs, line graphs, circle graphs, histograms, frequency charts) to make observations, to answer questions, to analyze the data to formulate or justify conclusions, critique conclusions, make predictions, or to solve problems within mathematics or across disciplines or contexts (e.g., media, workplace, social and environmental situations). (IMPORTANT: Analyzes data consistent with concepts and skills in M(DSP)-10-2.) (M(DSP)-10-1)

2.4.24 Students analyze patterns, trends, or distributions in data in a variety of contexts by determining, using, or analyzing measures of central tendency (mean, median, or mode), dispersion (range or variation), outliers, quartile values, estimated line of best fit, regression line, or correlation (strong positive, strong negative, or no correlation) to solve problems; and solve problems involving conceptual understanding of the sample from which the statistics were developed. (M(DSP)-10-2)

2.4.25 Students Identify or describe representations or elements of representations that best display a given set of data or situation, consistent with the representations required in (M(DSP)-10-3)

2.4.26 Students use counting techniques to solve problems in context involving combinations or permutations using a variety of strategies (e.g., organized lists, tables, tree diagrams, models, Fundamental Counting Principle, orsc others). (M(DSP)-10-4)

2.4.27 Students solve problems involving experimental or theoretical probability. (M(DSP)–10-5)

3. SCIENCE AND TECHNOLOGY

CONTENT STANDARDS AND PERFORMANCE INDICATORS

3.1 THE PHYSICAL SETTING: Students understand the universal nature of matter, energy, force, and motion and identify how these relationships are exhibited in Earth Systems, in the solar system, and throughout the universe.

Universe and Solar System

Grades 3-5

3.1.1 Students describe the positions and apparent motions of different objects in and beyond our solar system and how these objects can be viewed from Earth.

Grades 6-8

3.1.2 Students explain the movements, and describe the location, composition, and characteristics of our solar system and universe, including planets, the sun, and galaxies.

Grades 9-Diploma

3.1.3 Students explain the physical formation and changing nature of our universe and solar system, and how our past and present knowledge of the universe and solar system developed.

Earth

Grades 3-5

3.1.4 Students describe the properties of Earth’s surface materials, the processes that change them, and the cycles that affect the Earth.

Grades 6-8

3.1.5 Students describe the various cycles, physical and biological forces and processes, position in space, energy transformations, and human actions that affect the short-term and long-term changes to the Earth.

Grades 9-Diploma

3.1.6 Students describe and analyze the biological, physical, energy, and human influences that shape and alter Earth Systems.

Matter and Energy

Grades 3-5

3.1.6 Students describe properties of objects and materials before and after they undergo a change or interaction.

Grades 6-8

3.1.7 Students describe physical and chemical properties of matter, interactions and changes in matter, and transfer of energy through matter.

Grades 9-Diploma

3.1.8 Students describe the structure, behavior, and interactions of matter at the atomic level and the relationship between matter and energy.

Force and Motion

Grades 3-5

3.1.9 Students summarize how various forces affect the motion of objects.

Grades 6-8

3.1.10 Students describe the force of gravity, the motion of objects, the properties of waves, and the wavelike property of energy in light waves.

Grades 9-Diploma

3.1.11 Students understand that the laws of force and motion are the same across the universe.

3.2 THE LIVING ENVIRONMENT:

Students understand that cells are the basic unit of life, that all life as we know it has evolved through genetic transfer and natural selection to create a great diversity of organisms, and that these organisms create interdependent webs through which matter and energy flow. Students understand similarities and differences between humans and other organisms and the interconnections of these interdependent webs.

Biodiversity

Grades 3-5

3.2.1 Students compare living things based on their behaviors, external features, and environmental needs.

Grades 6-8

3.2.2 Students differentiate among organisms based on biological characteristics and identify patterns of similarity.

Grades 9-Diploma

3.2.3 Students describe and analyze the evidence for relatedness among and within diverse populations of organisms and the importance of biodiversity.

Ecosystems

Grades 3-5

3.2.4 Students describe ways organisms depend upon, interact within, and change the living and non-living environment as well as ways the environment affects organisms.

Grades 6-8

3.2.5 Students examine how the characteristics of the physical, non-living (abiotic) environment, the types and behaviors of living (biotic) organisms, and the flow of matter and energy affect organisms and the ecosystem of which they are part.

Grades 9-Diploma

3.2.6 Students describe and analyze the interactions, cycles, and factors that affect short-term and long-term ecosystem stability and change.

Cells

Grades 3-5

3.2.7 Students describe how living things are made up of one or more cells and the ways cells help organisms meet their basic needs.

Grades 6-8

3.2.8 Students describe the hierarchy of organization and function in organisms, and the similarities and differences in structure, function, and needs among and within organisms.

Grades 9-Diploma

3.2.9 Students describe structure and function of cells at the intracellular and molecular level including differentiation to form systems, interactions between cells and their environment, and the impact of cellular processes and changes on individuals.

Heredity and Reproduction

Grades 3-5

3.2.10 Students describe characteristics of organisms and the reasons why organisms differ from or are similar to their parents.

Grades 6-8

3.2.11 Students describe the general characteristics and mechanisms of reproduction and heredity in organisms, including humans, and ways in which organisms are affected by their genetic traits.

Grades 9-Diploma

3.2.12 Students examine the role of DNA in transferring traits from generation to generation, in differentiating cells, and in evolving new species.

Evolution

Grades 3-5

3.2.13 Students describe the fossil evidence and present explanations that help us understand why there are differences among and between present and past organisms.

Grades 6-8

3.2.14 Students describe the evidence that evolution occurs over many generations, allowing species to acquire many of their unique characteristics or adaptations.

Grades 9-Diploma

3.2.15 Students describe the interactions between and among species, populations, and environments that lead to natural selection and evolution.

Section II-A | College and Career Readiness Standards for English Language Arts – Effective 2010-2013

1. Standards for English Language Arts & Literacy in History/Social Studies, Science, and Technical Subjects K–5

1.1 College and Career Readiness Anchor Standards for Reading

The K–5 standards on the following pages define what students should understand and be able to do by the end of each grade. They correspond to the College and Career Readiness (CCR) anchor standards below by number. The CCR and grade-specific standards are necessary complements—the former providing broad standards, the latter providing additional specificity—that together define the skills and understandings that all students must demonstrate.

Key Ideas and Details

1. Read closely to determine what the text says explicitly and to make logical inferences from it; cite specific textual evidence when writing or speaking to support conclusions drawn from the text.

2. Determine central ideas or themes of a text and analyze their development; summarize the key supporting details and ideas.

3. Analyze how and why individuals, events, and ideas develop and interact over the course of a text.

Craft and Structure

4. Interpret words and phrases as they are used in a text, including determining technical, connotative, and figurative meanings, and analyze how specific word choices shape meaning or tone.

5. Analyze the structure of texts, including how specific sentences, paragraphs, and larger portions of the text (e.g., a section, chapter, scene, or stanza) relate to each other and the whole.

6. Assess how point of view or purpose shapes the content and style of a text.

Integration of Knowledge and Ideas

7. Integrate and evaluate content presented in diverse media and formats, including visually and quantitatively, as well as in words.

8. Delineate and evaluate the argument and specific claims in a text, including the validity of the reasoning as well as the relevance and sufficiency of the evidence.

9. Analyze how two or more texts address similar themes or topics in order to build knowledge or to compare the approaches the authors take.

Range of Reading and Level of Text Complexity

10. Read and comprehend complex literary and informational texts independently and proficiently.

1.1.1 Reading Standards for Literature K–5

The following standards offer a focus for instruction each year and help ensure that students gain adequate exposure to a range of texts and tasks. Rigor is also infused through the requirement that students read increasingly complex texts through the grades. Students advancing through the grades are expected to meet each year’s grade-specific standards and retain or further develop skills and understandings mastered in preceding grades.

A. Kindergartners:

B. Grade 1 students:

C. Grade 2 students:

Key Ideas and Details

With prompting and support, ask and answer questions about key details in a text.

Ask and answer questions about key details in a text.

Ask and answer such questions as who, what, where, when, why, and how to demonstrate understanding of key details in a text.

With prompting and support, retell familiar stories, including key details.

Retell stories, including key details, and demonstrate understanding of their central message or lesson.

Recount stories, including fables and folktales from diverse cultures, and determine their central message, lesson, or moral.

With prompting and support, identify characters, settings, and major events in a story.

3. Describe characters, settings, and major events in a story, using key details.

Describe how characters in a story respond to major events and challenges.

Craft and Structure

Ask and answer questions about unknown words in a text.

Identify words and phrases in stories or poems that suggest feelings or appeal to the senses.

Describe how words and phrases (e.g., regular beats, alliteration, rhymes, repeated lines) supply rhythm and meaning in a story, poem, or song.

Recognize common types of texts (e.g., storybooks, poems).

Explain major differences between books that tell stories and books that give information, drawing on a wide reading of a range of text types.

Describe the overall structure of a story, including describing how the beginning introduces the story and the ending concludes the action.

With prompting and support, name the author and illustrator of a story and define the role of each in telling the story.

Identify who is telling the story at various points in a text.

Acknowledge differences in the points of view of characters, including by speaking in a different voice for each character when reading dialogue aloud.

Integration of Knowledge and Ideas

With prompting and support, describe the relationship between illustrations and the story in which they appear (e.g., what moment in a story an illustration depicts).

Use illustrations and details in a story to describe its characters, setting, or events.

Use information gained from the illustrations and words in a print or digital text to demonstrate understanding of its characters, setting, or plot.

(Not applicable to literature)

(Not applicable to literature)

(Not applicable to literature)

With prompting and support, compare and contrast the adventures and experiences of characters in familiar stories.

Compare and contrast the adventures and experiences of characters in stories.

Compare and contrast two or more versions of the same story (e.g., Cinderella stories) by different authors or from different cultures.

Range of Reading and Level of Text Complexity

10. Actively engage in group reading activities with purpose and understanding.

11. With prompting and support, read prose and poetry of appropriate complexity for grade 1.

12. By the end of the year, read and comprehend literature, including stories and poetry, in the grades 2–3 text complexity band proficiently, with scaffolding as needed at the high end of the range.

D. Grade 3 students:

E. Grade 4 students:

F. Grade 5 students:

Key Ideas and Details

Ask and answer questions to demonstrate understanding of a text, referring explicitly to the text as the basis for the answers.

Refer to details and examples in a text when explaining what the text says explicitly and when drawing inferences from the text.

Quote accurately from a text when explaining what the text says explicitly and when drawing inferences from the text.

Recount stories, including fables, folktales, and myths from diverse cultures; determine the central message, lesson, or moral and explain how it is conveyed through key details in the text.

Determine a theme of a story, drama, or poem from details in the text; summarize the text.

Determine a theme of a story, drama, or poem from details in the text, including how characters in a story or drama respond to challenges or how the speaker in a poem reflects upon a topic; summarize the text.

Describe characters in a story (e.g., their traits, motivations, or feelings) and explain how their actions contribute to the sequence of events.

Describe in depth a character, setting, or event in a story or drama, drawing on specific details in the text (e.g., a character’s thoughts, words, or actions).

Compare and contrast two or more characters, settings, or events in a story or drama, drawing on specific details in the text (e.g., how characters interact).

Craft and Structure

Determine the meaning of words and phrases as they are used in a text, distinguishing literal from nonliteral language.

Determine the meaning of words and phrases as they are used in a text, including those that allude to significant characters found in mythology (e.g., Herculean).

Determine the meaning of words and phrases as they are used in a text, including figurative language such as metaphors and similes.

Refer to parts of stories, dramas, and poems when writing or speaking about a text, using terms such as chapter, scene, and stanza; describe how each successive part builds on earlier sections.

Explain major differences between poems, drama, and prose, and refer to the structural elements of poems (e.g., verse, rhythm, meter) and drama (e.g., casts of characters, settings, descriptions, dialogue, stage directions) when writing or speaking about a text.

Explain how a series of chapters, scenes, or stanzas fits together to provide the overall structure of a particular story, drama, or poem.

Distinguish their own point of view from that of the narrator or those of the characters.

Compare and contrast the point of view from which different stories are narrated, including the difference between first- and third-person narrations.

Describe how a narrator’s or speaker’s point of view influences how events are described.

Integration of Knowledge and Ideas

Explain how specific aspects of a text’s illustrations contribute to what is conveyed by the words in a story (e.g., create mood, emphasize aspects of a character or setting).

7. Make connections between the text of a story or drama and a visual or oral presentation of the text, identifying where each version reflects specific descriptions and directions in the text.

Analyze how visual and multimedia elements contribute to the meaning, tone, or beauty of a text (e.g., graphic novel, multimedia presentation of fiction, folktale, myth, poem).

(Not applicable to literature)

8. (Not applicable to literature)

(Not applicable to literature)

Compare and contrast the themes, settings, and plots of stories written by the same author about the same or similar characters (e.g., in books from a series).

9. Compare and contrast the treatment of similar themes and topics (e.g., opposition of good and evil) and patterns of events (e.g., the quest) in stories, myths, and traditional literature from different cultures.

Compare and contrast stories in the same genre (e.g., mysteries and adventure stories) on their approaches to similar themes and topics.

Range of Reading and Level of Text Complexity

By the end of the year, read and comprehend literature, including stories, dramas, and poetry, at the high end of the grades 2–3 text complexity band independently and proficiently.

10. By the end of the year, read and comprehend literature, including stories, dramas, and poetry, in the grades 4–5 text complexity band proficiently, with scaffolding as needed at the high end of the range.

11. By the end of the year, read and comprehend literature, including stories, dramas, and poetry, at the high end of the grades 4–5 text complexity band independently and proficiently.

1.1.2 Reading Standards for Informational Text K–5

A. Kindergartners:

B. Grade 1 students:

C. Grade 2 students:

Key Ideas and Details

With prompting and support, ask and answer questions about key details in a text.

Ask and answer questions about key details in a text.

Ask and answer such questions as who, what, where, when, why, and how to demonstrate understanding of key details in a text.

With prompting and support, identify the main topic and retell key details of a text.

Identify the main topic and retell key details of a text.

Identify the main topic of a multiparagraph text as well as the focus of specific paragraphs within the text.

With prompting and support, describe the connection between two individuals, events, ideas, or pieces of information in a text.

Describe the connection between two individuals, events, ideas, or pieces of information in a text.

Describe the connection between a series of historical events, scientific ideas or concepts, or steps in technical procedures in a text.

Craft and Structure

With prompting and support, ask and answer questions about unknown words in a text.

Ask and answer questions to help determine or clarify the meaning of words and phrases in a text.

Determine the meaning of words and phrases in a text relevant to a grade 2 topic or subject area.

Identify the front cover, back cover, and title page of a book.

Know and use various text features (e.g., headings, tables of contents, glossaries, electronic menus, icons) to locate key facts or information in a text.

Know and use various text features (e.g., captions, bold print, subheadings, glossaries, indexes, electronic menus, icons) to locate key facts or information in a text efficiently.

Name the author and illustrator of a text and define the role of each in presenting the ideas or information in a text.

Distinguish between information provided by pictures or other illustrations and information provided by the words in a text.

Identify the main purpose of a text, including what the author wants to answer, explain, or describe.

Integration of Knowledge and Ideas

With prompting and support, describe the relationship between illustrations and the text in which they appear (e.g., what person, place, thing, or idea in the text an illustration depicts).

Use the illustrations and details in a text to describe its key ideas.

Explain how specific images (e.g., a diagram showing how a machine works) contribute to and clarify a text.

With prompting and support, identify the reasons an author gives to support points in a text.

Identify the reasons an author gives to support points in a text.

Describe how reasons support specific points the author makes in a text.

With prompting and support, identify basic similarities in and differences between two texts on the same topic (e.g., in illustrations, descriptions, or procedures).

Identify basic similarities in and differences between two texts on the same topic (e.g., in illustrations, descriptions, or procedures).

Compare and contrast the most important points presented by two texts on the same topic.

Range of Reading and Level of Text Complexity

10. Actively engage in group reading activities with purpose and understanding.

11. With prompting and support, read informational texts appropriately complex for grade 1.

By the end of year, read and comprehend informational texts, including history/social studies, science, and technical texts, in the grades 2–3 text complexity band proficiently, with scaffolding as needed at the high end of the range.

D. Grade 3 students:

E. Grade 4 students:

F. Grade 5 students:

Key Ideas and Details

Ask and answer questions to demonstrate understanding of a text, referring explicitly to the text as the basis for the answers.

Refer to details and examples in a text when explaining what the text says explicitly and when drawing inferences from the text.

Quote accurately from a text when explaining what the text says explicitly and when drawing inferences from the text.

Determine the main idea of a text; recount the key details and explain how they support the main idea.

Determine the main idea of a text and explain how it is supported by key details; summarize the text.

Determine two or more main ideas of a text and explain how they are supported by key details; summarize the text.

Describe the relationship between a series of historical events, scientific ideas or concepts, or steps in technical procedures in a text, using language that pertains to time, sequence, and cause/effect.

Explain events, procedures, ideas, or concepts in a historical, scientific, or technical text, including what happened and why, based on specific information in the text.

Explain the relationships or interactions between two or more individuals, events, ideas, or concepts in a historical, scientific, or technical text based on specific information in the text.

Craft and Structure

Determine the meaning of general academic and domain-specific words and phrases in a text relevant to a grade 3 topic or subject area.

Determine the meaning of general academic and domain-specific words or phrases in a text relevant to a grade 4 topic or subject area.

Determine the meaning of general academic and domain-specific words and phrases in a text relevant to a grade 5 topic or subject area.

Use text features and search tools (e.g., key words, sidebars, hyperlinks) to locate information relevant to a given topic efficiently.

Describe the overall structure (e.g., chronology, comparison, cause/effect, problem/solution) of events, ideas, concepts, or information in a text or part of a text.

5. Compare and contrast the overall structure (e.g., chronology, comparison, cause/effect, problem/solution) of events, ideas, concepts, or information in two or more texts.

6. Distinguish their own point of view from that of the author of a text.

Compare and contrast a firsthand and secondhand account of the same event or topic; describe the differences in focus and the information provided.

Analyze multiple accounts of the same event or topic, noting important similarities and differences in the point of view they represent.

Integration of Knowledge and Ideas

Use information gained from illustrations (e.g., maps, photographs) and the words in a text to demonstrate understanding of the text (e.g., where, when, why, and how key events occur).

Interpret information presented visually, orally, or quantitatively (e.g., in charts, graphs, diagrams, time lines, animations, or interactive elements on Web pages) and explain how the information contributes to an understanding of the text in which it appears.

7. Draw on information from multiple print or digital sources, demonstrating the ability to locate an answer to a question quickly or to solve a problem efficiently.

Describe the logical connection between particular sentences and paragraphs in a text (e.g., comparison, cause/effect, first/second/third in a sequence).

Explain how an author uses reasons and evidence to support particular points in a text.

8. Explain how an author uses reasons and evidence to support particular points in a text, identifying which reasons and evidence support which point(s).

Compare and contrast the most important points and key details presented in two texts on the same topic.

Integrate information from two texts on the same topic in order to write or speak about the subject knowledgeably.

9. Integrate information from several texts on the same topic in order to write or speak about the subject knowledgeably.

Range of Reading and Level of Text Complexity

10. By the end of the year, read and comprehend informational texts, including history/social studies, science, and technical texts, at the high end of the grades 2–3 text complexity band independently and proficiently.

11. By the end of year, read and comprehend informational texts, including history/social studies, science, and technical texts, in the grades 4–5 text complexity band proficiently, with scaffolding as needed at the high end of the range.

12. By the end of the year, read and comprehend informational texts, including history/social studies, science, and technical texts, at the high end of the grades 4–5 text complexity band independently and proficiently.

1.1.3 Reading Standards: Foundational Skills (K–5)

These standards are directed toward fostering students’ understanding and working knowledge of concepts of print, the alphabetic principle, and other basic conventions of the English writing system. These foundational skills are not an end in and of themselves; rather, they are necessary and important components of an effective, comprehensive reading program designed to develop proficient readers with the capacity to comprehend texts across a range of types and disciplines. Instruction should be differentiated: good readers will need much less practice with these concepts than struggling readers will. The point is to teach students what they need to learn and not what they already know—to discern when particular children or activities warrant more or less attention.

Note: In kindergarten, children are expected to demonstrate increasing awareness and competence in the areas that follow.

A. Kindergartners:

B. Grade 1 students:

Print Concepts

1. Demonstrate understanding of the organization and basic features of print.

Follow words from left to right, top to bottom, and page by page.

Recognize that spoken words are represented in written language by specific sequences of letters.

Understand that words are separated by spaces in print.

Recognize and name all upper- and lowercase letters of the alphabet.

Demonstrate understanding of the organization and basic features of print.

Recognize the distinguishing features of a sentence (e.g., first word, capitalization, ending punctuation).

Phonological Awareness

2. Demonstrate understanding of spoken words, syllables, and sounds (phonemes).

Recognize and produce rhyming words.

Count, pronounce, blend, and segment syllables in spoken words.

Blend and segment onsets and rimes of single-syllable spoken words.

Isolate and pronounce the initial, medial vowel, and final sounds (phonemes) in three-phoneme (consonant-vowel-consonant, or CVC) words.* (This does not include CVCs ending with /l/, /r/, or /x/.)

Add or substitute individual sounds (phonemes) in simple, one-syllable words to make new words.

2. Demonstrate understanding of spoken words, syllables, and sounds (phonemes).

Distinguish long from short vowel sounds in spoken single-syllable words.

Orally produce single-syllable words by blending sounds (phonemes), including consonant blends.

Isolate and pronounce initial, medial vowel, and final sounds (phonemes) in spoken single-syllable words.

Segment spoken single-syllable words into their complete sequence of individual sounds (phonemes).

*Words, syllables, or phonemes written in /slashes/refer to their pronunciation or phonology. Thus, /CVC/ is a word with three phonemes regardless of the number of letters in the spelling of the word.

A, Kindergartners:

B. Grade 1 students:

C. Grade 2 students:

Phonics and Word Recognition

3. Know and apply grade-level phonics and word analysis skills in decoding words.

Demonstrate basic knowledge of one-to-one letter-sound correspondences by producing the primary sound or many of the most frequent sounds for each consonant.

Associate the long and short sounds with common spellings (graphemes) for the five major vowels.

Read common high-frequency words by sight (e.g., the, of, to, you, she, my, is, are, do, does).

Distinguish between similarly spelled words by identifying the sounds of the letters that differ.

3. Know and apply grade-level phonics and word analysis skills in decoding words.

Know the spelling-sound correspondences for common consonant digraphs.

Decode regularly spelled one-syllable words.

Know final -e and common vowel team conventions for representing long vowel sounds.

Use knowledge that every syllable must have a vowel sound to determine the number of syllables in a printed word.

Decode two-syllable words following basic patterns by breaking the words into syllables.

Read words with inflectional endings.

Recognize and read grade-appropriate irregularly spelled words.

3. Know and apply grade-level phonics and word analysis skills in decoding words.

Distinguish long and short vowels when reading regularly spelled one-syllable words.

Know spelling-sound correspondences for additional common vowel teams.

Decode regularly spelled two-syllable words with long vowels.

Decode words with common prefixes and suffixes.

Identify words with inconsistent but common spelling-sound correspondences.

Recognize and read grade-appropriate irregularly spelled words.

Fluency

4. Read emergent-reader texts with purpose and understanding.

5. Read with sufficient accuracy and fluency to support comprehension.

a. Read grade-level text with purpose and understanding.

b. Read grade-level text orally with accuracy, appropriate rate, and expression on successive readings.

c. Use context to confirm or self-correct word recognition and understanding, rereading as necessary.

4. Read with sufficient accuracy and fluency to support comprehension.

a. Read grade-level text with purpose and understanding.

b. Read grade-level text orally with accuracy, appropriate rate, and expression on successive readings.

c. Use context to confirm or self-correct word recognition and understanding, rereading as necessary.

D. Grade 3 students:

E. Grade 4 students:

F. Grade 5 students:

Phonics and Word Recognition

3. Know and apply grade-level phonics and word analysis skills in decoding words.

Identify and know the meaning of the most common prefixes and derivational suffixes.

Decode words with common Latin suffixes.

Decode multisyllable words.

Read grade-appropriate irregularly spelled words.

3. Know and apply grade-level phonics and word analysis skills in decoding words.

Use combined knowledge of all letter-sound correspondences, syllabication patterns, and morphology (e.g., roots and affixes) to read accurately unfamiliar multisyllabic words in context and out of context.

Know and apply grade-level phonics and word analysis skills in decoding words.

a. Use combined knowledge of all letter-sound correspondences, syllabication patterns, and morphology (e.g., roots and affixes) to read accurately unfamiliar multisyllabic words in context and out of context.

Fluency

4. Read with sufficient accuracy and fluency to support comprehension.

a. Read grade-level text with purpose and understanding.

b. Read grade-level prose and poetry orally with accuracy, appropriate rate, and expression on successive readings.

c. Use context to confirm or self-correct word recognition and understanding, rereading as necessary.

4. Read with sufficient accuracy and fluency to support comprehension.

a. Read grade-level text with purpose and understanding.

b. Read grade-level prose and poetry orally with accuracy, appropriate rate, and expression on successive readings.

c. Use context to confirm or self-correct word recognition and understanding, rereading as necessary.

4. Read with sufficient accuracy and fluency to support comprehension.

a. Read grade-level text with purpose and understanding.

b. Read grade-level prose and poetry orally with accuracy, appropriate rate, and expression on successive readings.

c. Use context to confirm or self-correct word recognition and understanding, rereading as necessary.

1.2 College and Career Readiness Anchor Standards for Writing

The K–5 standards on the following pages define what students should understand and be able to do by the end of each grade. They correspond to the College and Career Readiness (CCR) anchor standards below by number. The CCR and grade-specific standards are necessary complements—the former providing broad standards, the latter providing additional specificity—that together define the skills and understandings that all students must demonstrate.

Text Types and Purposes

1. Write arguments to support claims in an analysis of substantive topics or texts, using valid reasoning and relevant and sufficient evidence.

2. Write informative/explanatory texts to examine and convey complex ideas and information clearly and accurately through the effective selection, organization, and analysis of content.

3. Write narratives to develop real or imagined experiences or events using effective technique, well-chosen details, and well-structured event sequences.

Production and Distribution of Writing

4. Produce clear and coherent writing in which the development, organization, and style are appropriate to task, purpose, and audience.

5. Develop and strengthen writing as needed by planning, revising, editing, rewriting, or trying a new approach.

6. Use technology, including the Internet, to produce and publish writing and to interact and collaborate with others.

Research to Build and Present Knowledge

7. Conduct short as well as more sustained research projects based on focused questions, demonstrating understanding of the subject under investigation.

8. Gather relevant information from multiple print and digital sources, assess the credibility and accuracy of each source, and integrate the information while avoiding plagiarism.

9. Draw evidence from literary or informational texts to support analysis, reflection, and research.

Range of Writing

10. Write routinely over extended time frames (time for research, reflection, and revision) and shorter time frames (a single sitting or a day or two) for a range of tasks, purposes, and audiences.

1.2.1 Writing Standards K–5

The following standards for K–5 offer a focus for instruction each year to help ensure that students gain adequate mastery of a range of skills and applications. Each year in their writing, students should demonstrate increasing sophistication in all aspects of language use, from vocabulary and syntax to the development and organization of ideas, and they should address increasingly demanding content and sources. Students advancing through the grades are expected to meet each year’s grade-specific standards and retain or further develop skills and understandings mastered in preceding grades. The expected growth in student writing ability is reflected both in the standards themselves and in the collection of annotated student writing samples in Appendix C.

A. Kindergartners:

B. Grade 1 students:

C. Grade 2 students:

Text Types and Purposes

Use a combination of drawing, dictating, and writing to compose opinion pieces in which they tell a reader the topic or the name of the book they are writing about and state an opinion or preference about the topic or book (e.g., My favorite book is . . .).

Write opinion pieces in which they introduce the topic or name the book they are writing about, state an opinion, supply a reason for the opinion, and provide some sense of closure.

1. Write opinion pieces in which they introduce the topic or book they are writing about, state an opinion, supply reasons that support the opinion, use linking words (e.g., because, and, also) to connect opinion and reasons, and provide a concluding statement or section.

Use a combination of drawing, dictating, and writing to compose informative/explanatory texts in which they name what they are writing about and supply some information about the topic.

2. Write informative/explanatory texts in which they name a topic, supply some facts about the topic, and provide some sense of closure.

3. Write informative/explanatory texts in which they introduce a topic, use facts and definitions to develop points, and provide a concluding statement or section.

4. Use a combination of drawing, dictating, and writing to narrate a single event or several loosely linked events, tell about the events in the order in which they occurred, and provide a reaction to what happened.

Write narratives in which they recount two or more appropriately sequenced events, include some details regarding what happened, use temporal words to signal event order, and provide some sense of closure.

3. Write narratives in which they recount a well-elaborated event or short sequence of events, include details to describe actions, thoughts, and feelings, use temporal words to signal event order, and provide a sense of closure.

Production and Distribution of Writing

4. (Begins in grade 3)

5. (Begins in grade 3)

6. (Begins in grade 3)

7. With guidance and support from adults, respond to questions and suggestions from peers and add details to strengthen writing as needed.

8. With guidance and support from adults, focus on a topic, respond to questions and suggestions from peers, and add details to strengthen writing as needed.

9. With guidance and support from adults and peers, focus on a topic and strengthen writing as needed by revising and editing.

10. With guidance and support from adults, explore a variety of digital tools to produce and publish writing, including in collaboration with peers.

11. With guidance and support from adults, use a variety of digital tools to produce and publish writing, including in collaboration with peers.

12. With guidance and support from adults, use a variety of digital tools to produce and publish writing, including in collaboration with peers.

Research to Build and Present Knowledge

7. Participate in shared research and writing projects (e.g., explore a number of books by a favorite author and express opinions about them).

8. Participate in shared research and writing projects (e.g., explore a number of “how-to” books on a given topic and use them to write a sequence of instructions).

9. Participate in shared research and writing projects (e.g., read a number of books on a single topic to produce a report; record science observations).

10. With guidance and support from adults, recall information from experiences or gather information from provided sources to answer a question.

11. With guidance and support from adults, recall information from experiences or gather information from provided sources to answer a question.

12. Recall information from experiences or gather information from provided sources to answer a question.

13. (Begins in grade 4)

14. (Begins in grade 4)

15. (Begins in grade 4)

Range of Writing

10. (Begins in grade 3)

11. (Begins in grade 3)

12. (Begins in grade 3)

D. Grade 3 students:

E. Grade 4 students:

F. Grade 5 students:

Production and Distribution of Writing

With guidance and support from adults, produce writing in which the development and organization are appropriate to task and purpose. (Grade-specific expectations for writing types are defined in standards 1–3 above.)

Produce clear and coherent writing in which the development and organization are appropriate to task, purpose, and audience. (Grade-specific expectations for writing types are defined in standards 1–3 above.)

Produce clear and coherent writing in which the development and organization are appropriate to task, purpose, and audience. (Grade-specific expectations for writing types are defined in standards 1–3 above.)

With guidance and support from peers and adults, develop and strengthen writing as needed by planning, revising, and editing. (Editing for conventions should demonstrate command of Language standards 1–3 up to and including grade 3 on page 29.)

With guidance and support from peers and adults, develop and strengthen writing as needed by planning, revising, and editing. (Editing for conventions should demonstrate command of Language standards 1–3 up to and including grade 4 on page 29.)

With guidance and support from peers and adults, develop and strengthen writing as needed by planning, revising, editing, rewriting, or trying a new approach. (Editing for conventions should demonstrate command of Language standards 1–3 up to and including grade 5 on page 29.)

With guidance and support from adults, use technology to produce and publish writing (using keyboarding skills) as well as to interact and collaborate with others.

6. With some guidance and support from adults, use technology, including the Internet, to produce and publish writing as well as to interact and collaborate with others; demonstrate sufficient command of keyboarding skills to type a minimum of one page in a single sitting.

7. With some guidance and support from adults, use technology, including the Internet, to produce and publish writing as well as to interact and collaborate with others; demonstrate sufficient command of keyboarding skills to type a minimum of two pages in a single sitting.

Research to Build and Present Knowledge

7. Conduct short research projects that build knowledge about a topic.

8. Conduct short research projects that build knowledge through investigation of different aspects of a topic.

Conduct short research projects that use several sources to build knowledge through investigation of different aspects of a topic.

8. Recall information from experiences or gather information from print and digital sources; take brief notes on sources and sort evidence into provided categories.

9. Recall relevant information from experiences or gather relevant information from print and digital sources; take notes and categorize information, and provide a list of sources.

Recall relevant information from experiences or gather relevant information from print and digital sources; summarize or paraphrase information in notes and finished work, and provide a list of sources.

9. (Begins in grade 4)

Draw evidence from literary or informational texts to support analysis, reflection, and research.

a. Apply grade 4 Reading standards to literature (e.g., “Describe in depth a character, setting, or event in a story or drama, drawing on specific details in the text [e.g., a character’s thoughts, words, or actions].”).

b. Apply grade 4 Reading standards to informational texts (e.g., “Explain how an author uses reasons and evidence to support particular points in a text”).

9. Draw evidence from literary or informational texts to support analysis, reflection, and research.

a. Apply grade 5 Reading standards to literature (e.g., “Compare and contrast two or more characters, settings, or events in a story or a drama, drawing on specific details in the text [e.g., how characters interact]”).

b. Apply grade 5 Reading standards to informational texts (e.g., “Explain how an author uses reasons and evidence to support particular points in a text, identifying which reasons and evidence support which point[s]”).

Range of Writing

10. Write routinely over extended time frames (time for research, reflection, and revision) and shorter time frames (a single sitting or a day or two) for a range of discipline-specific tasks, purposes, and audiences.

11. Write routinely over extended time frames (time for research, reflection, and revision) and shorter time frames (a single sitting or a day or two) for a range of discipline-specific tasks, purposes, and audiences.

12. Write routinely over extended time frames (time for research, reflection, and revision) and shorter time frames (a single sitting or a day or two) for a range of discipline-specific tasks, purposes, and audiences.

1.3 College and Career Readiness Anchor Standards for Speaking and Listening

The K–5 standards on the following pages define what students should understand and be able to do by the end of each grade. They correspond to the College and Career Readiness (CCR) anchor standards below by number. The CCR and grade-specific standards are necessary complements—the former providing broad standards, the latter providing additional specificity—that together define the skills and understandings that all students must demonstrate.

Comprehension and Collaboration

1. Prepare for and participate effectively in a range of conversations and collaborations with diverse partners, building on others’ ideas and expressing their own clearly and persuasively.

2. Integrate and evaluate information presented in diverse media and formats, including visually, quantitatively, and orally.

3. Evaluate a speaker’s point of view, reasoning, and use of evidence and rhetoric.

Presentation of Knowledge and Ideas

4. Present information, findings, and supporting evidence such that listeners can follow the line of reasoning and the organization, development, and style are appropriate to task, purpose, and audience.

5. Make strategic use of digital media and visual displays of data to express information and enhance understanding of presentations.

6. Adapt speech to a variety of contexts and communicative tasks, demonstrating command of formal English when indicated or appropriate.

1.3.1 Speaking and Listening Standards K–5

The following standards for K–5 offer a focus for instruction each year to help ensure that students gain adequate mastery of a range of skills and applications. Students advancing through the grades are expected to meet each year’s grade-specific standards and retain or further develop skills and understandings mastered in preceding grades.

A. Kindergartners:

B. Grade 1 students:

C. Grade 2 students:

Comprehension and Collaboration

Participate in collaborative conversations with diverse partners about kindergarten topics and texts with peers and adults in small and larger groups.

Follow agreed-upon rules for discussions (e.g., listening to others and taking turns speaking about the topics and texts under discussion).

Continue a conversation through multiple exchanges.

Participate in collaborative conversations with diverse partners about grade 1 topics and texts with peers and adults in small and larger groups.

Follow agreed-upon rules for discussions (e.g., listening to others with care, speaking one at a time about the topics and texts under discussion).

Build on others’ talk in conversations by responding to the comments of others through multiple exchanges.

Ask questions to clear up any confusion about the topics and texts under discussion.

Participate in collaborative conversations with diverse partners about grade 2 topics and texts with peers and adults in small and larger groups.

Follow agreed-upon rules for discussions (e.g., gaining the floor in respectful ways, listening to others with care, speaking one at a time about the topics and texts under discussion).

Build on others’ talk in conversations by linking their comments to the remarks of others.

Ask for clarification and further explanation as needed about the topics and texts under discussion.

Confirm understanding of a text read aloud or information presented orally or through other media by asking and answering questions about key details and requesting clarification if something is not understood.

Ask and answer questions about key details in a text read aloud or information presented orally or through other media.

Recount or describe key ideas or details from a text read aloud or information presented orally or through other media.

Ask and answer questions in order to seek help, get information, or clarify something that is not understood.

Ask and answer questions about what a speaker says in order to gather additional information or clarify something that is not understood.

Ask and answer questions about what a speaker says in order to clarify comprehension, gather additional information, or deepen understanding of a topic or issue.

Presentation of Knowledge and Ideas

Describe familiar people, places, things, and events and, with prompting and support, provide additional detail.

Describe people, places, things, and events with relevant details, expressing ideas and feelings clearly.

Tell a story or recount an experience with appropriate facts and relevant, descriptive details, speaking audibly in coherent sentences.

Add drawings or other visual displays to descriptions as desired to provide additional detail.

Add drawings or other visual displays to descriptions when appropriate to clarify ideas, thoughts, and feelings.

Create audio recordings of stories or poems; add drawings or other visual displays to stories or recounts of experiences when appropriate to clarify ideas, thoughts, and feelings.

Speak audibly and express thoughts, feelings, and ideas clearly.

Produce complete sentences when appropriate to task and situation. (See grade 1 Language standards 1and 3 on page 26 for specific expectations.)

Produce complete sentences when appropriate to task and situation in order to provide requested detail or clarification. (See grade 2 Language standards 1and 3 on page 26 for specific expectations.)

D. Grade 3 students:

E. Grade 4 students:

F. Grade 5 students:

Comprehension and Collaboration

Engage effectively in a range of collaborative discussions (one-on-one, in groups, and teacher-led) with diverse partners on grade 3 topics and texts, building on others’ ideas and expressing their own clearly.

Come to discussions prepared, having read or studied required material; explicitly draw on that preparation and other information known about the topic to explore ideas under discussion.

Follow agreed-upon rules for discussions (e.g., gaining the floor in respectful ways, listening to others with care, speaking one at a time about the topics and texts under discussion).

Ask questions to check understanding of information presented, stay on topic, and link their comments to the remarks of others.

Explain their own ideas and understanding in light of the discussion.

Engage effectively in a range of collaborative discussions (one-on-one, in groups, and teacher-led) with diverse partners on grade 4 topics and texts, building on others’ ideas and expressing their own clearly.

a. Come to discussions prepared, having read or studied required material; explicitly draw on that preparation and other information known about the topic to explore ideas under discussion.

Follow agreed-upon rules for discussions and carry out assigned roles.

Pose and respond to specific questions to clarify or follow up on information, and make comments that contribute to the discussion and link to the remarks of others.

Review the key ideas expressed and explain their own ideas and understanding in light of the discussion.

Engage effectively in a range of collaborative discussions (one-on-one, in groups, and teacher-led) with diverse partners on grade 5 topics and texts, building on others’ ideas and expressing their own clearly.

Come to discussions prepared, having read or studied required material; explicitly draw on that preparation and other information known about the topic to explore ideas under discussion.

Follow agreed-upon rules for discussions and carry out assigned roles.

Pose and respond to specific questions by making comments that contribute to the discussion and elaborate on the remarks of others.

Review the key ideas expressed and draw conclusions in light of information and knowledge gained from the discussions.

Determine the main ideas and supporting details of a text read aloud or information presented in diverse media and formats, including visually, quantitatively, and orally.

Paraphrase portions of a text read aloud or information presented in diverse media and formats, including visually, quantitatively, and orally.

Summarize a written text read aloud or information presented in diverse media and formats, including visually, quantitatively, and orally.

Ask and answer questions about information from a speaker, offering appropriate elaboration and detail.

Identify the reasons and evidence a speaker provides to support particular points.

Summarize the points a speaker makes and explain how each claim is supported by reasons and evidence.

Presentation of Knowledge and Ideas

Report on a topic or text, tell a story, or recount an experience with appropriate facts and relevant, descriptive details, speaking clearly at an understandable pace.

Report on a topic or text, tell a story, or recount an experience in an organized manner, using appropriate facts and relevant, descriptive details to support main ideas or themes; speak clearly at an understandable pace.

Report on a topic or text or present an opinion, sequencing ideas logically and using appropriate facts and relevant, descriptive details to support main ideas or themes; speak clearly at an understandable pace.

Create engaging audio recordings of stories or poems that demonstrate fluid reading at an understandable pace; add visual displays when appropriate to emphasize or enhance certain facts or details.

Add audio recordings and visual displays to presentations when appropriate to enhance the development of main ideas or themes.

Include multimedia components (e.g., graphics, sound) and visual displays in presentations when appropriate to enhance the development of main ideas or themes.

Speak in complete sentences when appropriate to task and situation in order to provide requested detail or clarification. (See grade 3 Language standards 1 and 3 on page 26 for specific expectations.)

Differentiate between contexts that call for formal English (e.g., presenting ideas) and situations where informal discourse is appropriate (e.g., small-group discussion); use formal English when appropriate to task and situation. (See grade 4 Language standards 1 and 3 on page 28 for specific expectations.)

Adapt speech to a variety of contexts and tasks, using formal English when appropriate to task and situation. (See grade 5 Language standards 1 and 3 on page 28 for specific expectations.)

1.4 College and Career Readiness Anchor Standards for Language

The K–5 standards on the following pages define what students should understand and be able to do by the end of each grade. They correspond to the College and Career Readiness (CCR) anchor standards below by number. The CCR and grade-specific standards are necessary complements—the former providing broad standards, the latter providing additional specificity—that together define the skills and understandings that all students must demonstrate.

Conventions of Standard English

1. Demonstrate command of the conventions of standard English grammar and usage when writing or speaking.

2. Demonstrate command of the conventions of standard English capitalization, punctuation, and spelling when writing.

Knowledge of Language

3. Apply knowledge of language to understand how language functions in different contexts, to make effective choices for meaning or style, and to comprehend more fully when reading or listening.

Vocabulary Acquisition and Use

4. Determine or clarify the meaning of unknown and multiple-meaning words and phrases by using context clues, analyzing meaningful word parts, and consulting general and specialized reference materials, as appropriate.

5. Demonstrate understanding of figurative language, word relationships and nuances in word meanings.

6. Acquire and use accurately a range of general academic and domain-specific words and phrases sufficient for reading, writing, speaking, and listening at the college and career readiness level; demonstrate independence in gathering vocabulary knowledge when encountering an unknown term important to comprehension or expression.

1.4.1 Language Standards K–5

The following standards for grades K–5 offer a focus for instruction each year to help ensure that students gain adequate mastery of a range of skills and applications. Students advancing through the grades are expected to meet each year’s grade-specific standards and retain or further develop skills and understandings mastered in preceding grades. Beginning in grade 3, skills and understandings that are particularly likely to require continued attention in higher grades as they are applied to increasingly sophisticated writing and speaking are marked with an asterisk (*). See the table on page 31 for a complete list and Appendix A for an example of how these skills develop in sophistication.

A. Kindergartners:

B. Grade 1 students:

C. Grade 2 students:

Conventions of Standard English

Demonstrate command of the conventions of standard English grammar and usage when writing or speaking.

Print many upper- and lowercase letters.

Use frequently occurring nouns and verbs.

Form regular plural nouns orally by adding /s/ or /es/ (e.g., dog, dogs; wish, wishes).

Understand and use question words (interrogatives) (e.g., who, what, where, when, why, how).

Use the most frequently occurring prepositions (e.g., to, from, in, out, on, off, for, of, by, with).

Produce and expand complete sentences in shared language activities.

Demonstrate command of the conventions of standard English grammar and usage when writing or speaking.

a. Print all upper- and lowercase letters.

Use common, proper, and possessive nouns.

Use singular and plural nouns with matching verbs in basic sentences (e.g., He hops; We hop).

Use personal, possessive, and indefinite pronouns (e.g., I, me, my; they, them, their; anyone, everything).

Use verbs to convey a sense of past, present, and future (e.g., Yesterday I walked home; Today I walk home; Tomorrow I will walk home).

Use frequently occurring adjectives.

Use frequently occurring conjunctions (e.g., and, but, or, so, because).

Use determiners (e.g., articles, demonstratives).

Use frequently occurring prepositions (e.g., during, beyond, toward).

Produce and expand complete simple and compound declarative, interrogative, imperative, and exclamatory sentences in response to prompts.

Demonstrate command of the conventions of standard English grammar and usage when writing or speaking.

Use collective nouns (e.g., group).

Form and use frequently occurring irregular plural nouns (e.g., feet, children, teeth, mice, fish).

Use reflexive pronouns (e.g., myself, ourselves).

Form and use the past tense of frequently occurring irregular verbs (e.g., sat, hid, told).

Use adjectives and adverbs, and choose between them depending on what is to be modified.

Produce, expand, and rearrange complete simple and compound sentences (e.g., The boy watched the movie; The little boy watched the movie; The action movie was watched by the little boy).

2. Demonstrate command of the conventions of standard English capitalization, punctuation, and spelling when writing.

Capitalize the first word in a sentence and the pronoun I.

Recognize and name end punctuation.

Write a letter or letters for most consonant and short-vowel sounds (phonemes).

Spell simple words phonetically, drawing on knowledge of sound-letter relationships.

2. Demonstrate command of the conventions of standard English capitalization, punctuation, and spelling when writing.

Capitalize dates and names of people.

Use end punctuation for sentences.

Use commas in dates and to separate single words in a series.

Use conventional spelling for words with common spelling patterns and for frequently occurring irregular words.

Spell untaught words phonetically, drawing on phonemic awareness and spelling conventions.

Demonstrate command of the conventions of standard English capitalization, punctuation, and spelling when writing.

Capitalize holidays, product names, and geographic names.

Use commas in greetings and closings of letters.

Use an apostrophe to form contractions and frequently occurring possessives.

Generalize learned spelling patterns when writing words (e.g., cage → badge; boy → boil).

Consult reference materials, including beginning dictionaries, as needed to check and correct spellings.

Knowledge of Language

(Begins in grade 2)

(Begins in grade 2)

3. Use knowledge of language and its conventions when writing, speaking, reading, or listening.

Compare formal and informal uses of English.

A. Kindergartners:

B. Grade 1 students:

C. Grade 2 students:

Vocabulary Acquisition and Use

Determine or clarify the meaning of unknown and multiple-meaning words and phrases based on kindergarten reading and content.

Identify new meanings for familiar words and apply them accurately (e.g., knowing duck is a bird and learning the verb to duck).

Use the most frequently occurring inflections and affixes (e.g., -ed, -s, re-, un-, pre-, -ful, -less) as a clue to the meaning of an unknown word.

Determine or clarify the meaning of unknown and multiple-meaning words and phrases based on grade 1 reading and content, choosing flexibly from an array of strategies.

Use sentence-level context as a clue to the meaning of a word or phrase.

Use frequently occurring affixes as a clue to the meaning of a word.

Identify frequently occurring root words (e.g., look) and their inflectional forms (e.g., looks, looked, looking).

Determine or clarify the meaning of unknown and multiple-meaning words and phrases based on grade 2 reading and content, choosing flexibly from an array of strategies.

Use sentence-level context as a clue to the meaning of a word or phrase.

Determine the meaning of the new word formed when a known prefix is added to a known word (e.g., happy/unhappy, tell/retell).

Use a known root word as a clue to the meaning of an unknown word with the same root (e.g., addition, additional).

Use knowledge of the meaning of individual words to predict the meaning of compound words (e.g., birdhouse, lighthouse, housefly; bookshelf, notebook, bookmark).

Use glossaries and beginning dictionaries, both print and digital, to determine or clarify the meaning of words and phrases.

With guidance and support from adults, explore word relationships and nuances in word meanings.

Sort common objects into categories (e.g., shapes, foods) to gain a sense of the concepts the categories represent.

Demonstrate understanding of frequently occurring verbs and adjectives by relating them to their opposites (antonyms).

Identify real-life connections between words and their use (e.g., note places at school that are colorful).

Distinguish shades of meaning among verbs describing the same general action (e.g., walk, march, strut, prance) by acting out the meanings.

With guidance and support from adults, demonstrate understanding of word relationships and nuances in word meanings.

Sort words into categories (e.g., colors, clothing) to gain a sense of the concepts the categories represent.

Define words by category and by one or more key attributes (e.g., a duck is a bird that swims; a tiger is a large cat with stripes).

Identify real-life connections between words and their use (e.g., note places at home that are cozy).

Distinguish shades of meaning among verbs differing in manner (e.g., look, peek, glance, stare, glare, scowl) and adjectives differing in intensity (e.g., large, gigantic) by defining or choosing them or by acting out the meanings.

Demonstrate understanding of word relationships and nuances in word meanings.

Identify real-life connections between words and their use (e.g., describe foods that are spicy or juicy).

Distinguish shades of meaning among closely related verbs (e.g., toss, throw, hurl) and closely related adjectives (e.g., thin, slender, skinny, scrawny).

Use words and phrases acquired through conversations, reading and being read to, and responding to texts.

Use words and phrases acquired through conversations, reading and being read to, and responding to texts, including using frequently occurring conjunctions to signal simple relationships (e.g., because).

Use words and phrases acquired through conversations, reading and being read to, and responding to texts, including using adjectives and adverbs to describe (e.g., When other kids are happy that makes me happy).

D. Grade 3 students:

E. Grade 4 students:

F. Grade 5 students:

Conventions of Standard English

Demonstrate command of the conventions of standard English grammar and usage when writing or speaking.

Explain the function of nouns, pronouns, verbs, adjectives, and adverbs in general and their functions in particular sentences.

Form and use regular and irregular plural nouns.

Use abstract nouns (e.g., childhood).

Form and use regular and irregular verbs.

Form and use the simple (e.g., I walked; I walk; I will walk) verb tenses.

Ensure subject-verb and pronoun-antecedent agreement.*

Form and use comparative and superlative adjectives and adverbs, and choose between them depending on what is to be modified.

Use coordinating and subordinating conjunctions.

Produce simple, compound, and complex sentences.

Demonstrate command of the conventions of standard English grammar and usage when writing or speaking.

Use relative pronouns (who, whose, whom, which, that) and relative adverbs (where, when, why).

Form and use the progressive (e.g., I was walking; I am walking; I will be walking) verb tenses.

Use modal auxiliaries (e.g., can, may, must) to convey various conditions.

Order adjectives within sentences according to conventional patterns (e.g., a small red bag rather than a red small bag).

Form and use prepositional phrases.

Produce complete sentences, recognizing and correcting inappropriate fragments and run-ons.*

Correctly use frequently confused words (e.g., to, too, two; there, their).*

Demonstrate command of the conventions of standard English grammar and usage when writing or speaking.

Explain the function of conjunctions, prepositions, and interjections in general and their function in particular sentences.

Form and use the perfect (e.g., I had walked; I have walked; I will have walked) verb tenses.

Use verb tense to convey various times, sequences, states, and conditions.

Recognize and correct inappropriate shifts in verb tense.*

Use correlative conjunctions (e.g., either/or, neither/nor).

Demonstrate command of the conventions of standard English capitalization, punctuation, and spelling when writing.

Capitalize appropriate words in titles.

Use commas in addresses.

Use commas and quotation marks in dialogue.

Form and use possessives.

Use conventional spelling for high-frequency and other studied words and for adding suffixes to base words (e.g., sitting, smiled, cries, happiness).

Use spelling patterns and generalizations (e.g., word families, position-based spellings, syllable patterns, ending rules, meaningful word parts) in writing words.

Consult reference materials, including beginning dictionaries, as needed to check and correct spellings.

Demonstrate command of the conventions of standard English capitalization, punctuation, and spelling when writing.

Use correct capitalization.

Use commas and quotation marks to mark direct speech and quotations from a text.

Use a comma before a coordinating conjunction in a compound sentence.

Spell grade-appropriate words correctly, consulting references as needed.

Demonstrate command of the conventions of standard English capitalization, punctuation, and spelling when writing.

Use punctuation to separate items in a series.*

Use a comma to separate an introductory element from the rest of the sentence.

Use a comma to set off the words yes and no (e.g., Yes, thank you), to set off a tag question from the rest of the sentence (e.g., It’s true, isn’t it?), and to indicate direct address (e.g., Is that you, Steve?).

Use underlining, quotation marks, or italics to indicate titles of works.

Spell grade-appropriate words correctly, consulting references as needed.

Knowledge of Language

Use knowledge of language and its conventions when writing, speaking, reading, or listening.

Choose words and phrases for effect.*

Recognize and observe differences between the conventions of spoken and written standard English.

Use knowledge of language and its conventions when writing, speaking, reading, or listening.

Choose words and phrases to convey ideas precisely.*

Choose punctuation for effect.*

Differentiate between contexts that call for formal English (e.g., presenting ideas) and situations where informal discourse is appropriate (e.g., small-group discussion).

Use knowledge of language and its conventions when writing, speaking, reading, or listening.

Expand, combine, and reduce sentences for meaning, reader/listener interest, and style.

Compare and contrast the varieties of English (e.g., dialects, registers) used in stories, dramas, or poems.

D. Grade 3 students:

E. Grade 4 students:

F. Grade 5 students:

Vocabulary Acquisition and Use

Determine or clarify the meaning of unknown and multiple-meaning word and phrases based on grade 3 reading and content, choosing flexibly from a range of strategies.

Use sentence-level context as a clue to the meaning of a word or phrase.

Determine the meaning of the new word formed when a known affix is added to a known word (e.g., agreeable/disagreeable, comfortable/uncomfortable, care/careless, heat/preheat).

Use a known root word as a clue to the meaning of an unknown word with the same root (e.g., company, companion).

Use glossaries or beginning dictionaries, both print and digital, to determine or clarify the precise meaning of key words and phrases.

Determine or clarify the meaning of unknown and multiple-meaning words and phrases based on grade 4 reading and content, choosing flexibly from a range of strategies.

Use context (e.g., definitions, examples, or restatements in text) as a clue to the meaning of a word or phrase.

Use common, grade-appropriate Greek and Latin affixes and roots as clues to the meaning of a word (e.g., telegraph, photograph, autograph).

Consult reference materials (e.g., dictionaries, glossaries, thesauruses), both print and digital, to find the pronunciation and determine or clarify the precise meaning of key words and phrases.

Determine or clarify the meaning of unknown and multiple-meaning words and phrases based on grade 5 reading and content, choosing flexibly from a range of strategies.

Use context (e.g., cause/effect relationships and comparisons in text) as a clue to the meaning of a word or phrase.

Use common, grade-appropriate Greek and Latin affixes and roots as clues to the meaning of a word (e.g., photograph, photosynthesis).

Consult reference materials (e.g., dictionaries, glossaries, thesauruses), both print and digital, to find the pronunciation and determine or clarify the precise meaning of key words and phrases.

Demonstrate understanding of word relationships and nuances in word meanings.

Distinguish the literal and nonliteral meanings of words and phrases in context (e.g., take steps).

Identify real-life connections between words and their use (e.g., describe people who are friendly or helpful).

Distinguish shades of meaning among related words that describe states of mind or degrees of certainty (e.g., knew, believed, suspected, heard, wondered).

Demonstrate understanding of figurative language, word relationships, and nuances in word meanings.

Explain the meaning of simple similes and metaphors (e.g., as pretty as a picture) in context.

Recognize and explain the meaning of common idioms, adages, and proverbs.

Demonstrate understanding of words by relating them to their opposites (antonyms) and to words with similar but not identical meanings (synonyms).

Demonstrate understanding of figurative language, word relationships, and nuances in word meanings.

Interpret figurative language, including similes and metaphors, in context.

Recognize and explain the meaning of common idioms, adages, and proverbs.

Use the relationship between particular words (e.g., synonyms, antonyms, homographs) to better understand each of the words.

Acquire and use accurately grade-appropriate conversational, general academic, and domain-specific words and phrases, including those that signal spatial and temporal relationships (e.g., After dinner that night we went looking for them).

Acquire and use accurately grade-appropriate general academic and domain-specific words and phrases, including those that signal precise actions, emotions, or states of being (e.g., quizzed, whined, stammered) and that are basic to a particular topic (e.g., wildlife, conservation, and endangered when discussing animal preservation).

6. Acquire and use accurately grade-appropriate general academic and domain-specific words and phrases, including those that signal contrast, addition, and other logical relationships (e.g., however, although, nevertheless, similarly, moreover, in addition).

7. Standards for English Language Arts 6-12

2.1 College and Career Readiness Anchor Standards for Reading

The grades 6–12 standards on the following pages define what students should understand and be able to do by the end of each grade. They correspond to the College and Career Readiness (CCR) anchor standards below by number. The CCR and grade-specific standards are necessary complements—the former providing broad standards, the latter providing additional specificity—that together define the skills and understandings that all students must demonstrate.

Key Ideas and Details

1. Read closely to determine what the text says explicitly and to make logical inferences from it; cite specific textual evidence when writing or speaking to support conclusions drawn from the text.

2. Determine central ideas or themes of a text and analyze their development; summarize the key supporting details and ideas.

3. Analyze how and why individuals, events, and ideas develop and interact over the course of a text.

Craft and Structure

4. Interpret words and phrases as they are used in a text, including determining technical, connotative, and figurative meanings, and analyze how specific word choices shape meaning or tone.

5. Analyze the structure of texts, including how specific sentences, paragraphs, and larger portions of the text (e.g., a section, chapter, scene, or stanza) relate to each other and the whole.

6. Assess how point of view or purpose shapes the content and style of a text.

Integration of Knowledge and Ideas

7. Integrate and evaluate content presented in diverse formats and media, including visually and quantitatively, as well as in words.*

8. Delineate and evaluate the argument and specific claims in a text, including the validity of the reasoning as well as the relevance and sufficiency of the evidence.

9. Analyze how two or more texts address similar themes or topics in order to build knowledge or to compare the approaches the authors take.

Range of Reading and Level of Text Complexity

10. Read and comprehend complex literary and informational texts independently and proficiently.

2.1.1 Reading Standards for Literature 6–12

The following standards offer a focus for instruction each year and help ensure that students gain adequate exposure to a range of texts and tasks. Rigor is also infused through the requirement that students read increasingly complex texts through the grades. Students advancing through the grades are expected to meet each year’s grade-specific standards and retain or further develop skills and understandings mastered in preceding grades.

A. Grade 6 students:

B. Grade 7 students:

C. Grade 8 students:

Key Ideas and Details

Cite textual evidence to support analysis of what the text says explicitly as well as inferences drawn from the text.

Cite several pieces of textual evidence to support analysis of what the text says explicitly as well as inferences drawn from the text.

Cite the textual evidence that most strongly supports an analysis of what the text says explicitly as well as inferences drawn from the text.

Determine a theme or central idea of a text and how it is conveyed through particular details; provide a summary of the text distinct from personal opinions or judgments.

Determine a theme or central idea of a text and analyze its development over the course of the text; provide an objective summary of the text.

Determine a theme or central idea of a text and analyze its development over the course of the text, including its relationship to the characters, setting, and plot; provide an objective summary of the text.

Describe how a particular story’s or drama’s plot unfolds in a series of episodes as well as how the characters respond or change as the plot moves toward a resolution.

Analyze how particular elements of a story or drama interact (e.g., how setting shapes the characters or plot).

Analyze how particular lines of dialogue or incidents in a story or drama propel the action, reveal aspects of a character, or provoke a decision.

Craft and Structure

Determine the meaning of words and phrases as they are used in a text, including figurative and connotative meanings; analyze the impact of a specific word choice on meaning and tone.

Determine the meaning of words and phrases as they are used in a text, including figurative and connotative meanings; analyze the impact of rhymes and other repetitions of sounds (e.g., alliteration) on a specific verse or stanza of a poem or section of a story or drama.

Determine the meaning of words and phrases as they are used in a text, including figurative and connotative meanings; analyze the impact of specific word choices on meaning and tone, including analogies or allusions to other texts.

Analyze how a particular sentence, chapter, scene, or stanza fits into the overall structure of a text and contributes to the development of the theme, setting, or plot.

Analyze how a drama’s or poem’s form or structure (e.g., soliloquy, sonnet) contributes to its meaning.

Compare and contrast the structure of two or more texts and analyze how the differing structure of each text contributes to its meaning and style.

Explain how an author develops the point of view of the narrator or speaker in a text.

Analyze how an author develops and contrasts the points of view of different characters or narrators in a text.

Analyze how differences in the points of view of the characters and the audience or reader (e.g., created through the use of dramatic irony) create such effects as suspense or humor.

Integration of Knowledge and Ideas

Compare and contrast the experience of reading a story, drama, or poem to listening to or viewing an audio, video, or live version of the text, including contrasting what they “see” and “hear” when reading the text to what they perceive when they listen or watch.

Compare and contrast a written story, drama, or poem to its audio, filmed, staged, or multimedia version, analyzing the effects of techniques unique to each medium (e.g., lighting, sound, color, or camera focus and angles in a film).

Analyze the extent to which a filmed or live production of a story or drama stays faithful to or departs from the text or script, evaluating the choices made by the director or actors.

(Not applicable to literature)

(Not applicable to literature)

(Not applicable to literature)

A. Grade 6 students:

B. Grade 7 students:

C. Grade 8 students:

Integration of Knowledge and Ideas

Compare and contrast texts in different forms or genres (e.g., stories and poems; historical novels and fantasy stories) in terms of their approaches to similar themes and topics.

Compare and contrast a fictional portrayal of a time, place, or character and a historical account of the same period as a means of understanding how authors of fiction use or alter history.

Analyze how a modern work of fiction draws on themes, patterns of events, or character types from myths, traditional stories, or religious works such as the Bible, including describing how the material is rendered new.

Range of Reading and Level of Text Complexity

10. By the end of the year, read and comprehend literature, including stories, dramas, and poems, in the grades 6–8 text complexity band proficiently, with scaffolding as needed at the high end of the range.

11. By the end of the year, read and comprehend literature, including stories, dramas, and poems, in the grades 6–8 text complexity band proficiently, with scaffolding as needed at the high end of the range.

By the end of the year, read and comprehend literature, including stories, dramas, and poems, at the high end of grades 6–8 text complexity band independently and proficiently.

D. Grades 9–10 students:

E. Grades 11–12 students:

Key Ideas and Details

Cite strong and thorough textual evidence to support analysis of what the text says explicitly as well as inferences drawn from the text.

Cite strong and thorough textual evidence to support analysis of what the text says explicitly as well as inferences drawn from the text, including determining where the text leaves matters uncertain.

Determine a theme or central idea of a text and analyze in detail its development over the course of the text, including how it emerges and is shaped and refined by specific details; provide an objective summary of the text.

Determine two or more themes or central ideas of a text and analyze their development over the course of the text, including how they interact and build on one another to produce a complex account; provide an objective summary of the text.

Analyze how complex characters (e.g., those with multiple or conflicting motivations) develop over the course of a text, interact with other characters, and advance the plot or develop the theme.

Analyze the impact of the author’s choices regarding how to develop and relate elements of a story or drama (e.g., where a story is set, how the action is ordered, how the characters are introduced and developed).

Craft and Structure

Determine the meaning of words and phrases as they are used in the text, including figurative and connotative meanings; analyze the cumulative impact of specific word choices on meaning and tone (e.g., how the language evokes a sense of time and place; how it sets a formal or informal tone).

Determine the meaning of words and phrases as they are used in the text, including figurative and connotative meanings; analyze the impact of specific word choices on meaning and tone, including words with multiple meanings or language that is particularly fresh, engaging, or beautiful. (Include Shakespeare as well as other authors.)

Analyze how an author’s choices concerning how to structure a text, order events within it (e.g., parallel plots), and manipulate time (e.g., pacing, flashbacks) create such effects as mystery, tension, or surprise.

Analyze how an author’s choices concerning how to structure specific parts of a text (e.g., the choice of where to begin or end a story, the choice to provide a comedic or tragic resolution) contribute to its overall structure and meaning as well as its aesthetic impact.

Analyze a particular point of view or cultural experience reflected in a work of literature from outside the United States, drawing on a wide reading of world literature.

Analyze a case in which grasping point of view requires distinguishing what is directly stated in a text from what is really meant (e.g., satire, sarcasm, irony, or understatement).

Integration of Knowledge and Ideas

Analyze the representation of a subject or a key scene in two different artistic mediums, including what is emphasized or absent in each treatment (e.g., Auden’s “Musée des Beaux Arts” and Breughel’s Landscape with the Fall of Icarus).

Analyze multiple interpretations of a story, drama, or poem (e.g., recorded or live production of a play or recorded novel or poetry), evaluating how each version interprets the source text. (Include at least one play by Shakespeare and one play by an American dramatist.)

(Not applicable to literature)

(Not applicable to literature)

Analyze how an author draws on and transforms source material in a specific work (e.g., how Shakespeare treats a theme or topic from Ovid or the Bible or how a later author draws on a play by Shakespeare).

Demonstrate knowledge of eighteenth-, nineteenth- and early-twentieth-century foundational works of American literature, including how two or more texts from the same period treat similar themes or topics.

Range of Reading and Level of Text Complexity

By the end of grade 9, read and comprehend literature, including stories, dramas, and poems, in the grades 9–10 text complexity band proficiently, with scaffolding as needed at the high end of the range.

By the end of grade 10, read and comprehend literature, including stories, dramas, and poems, at the high end of the grades 9–10 text complexity band independently and proficiently.

By the end of grade 11, read and comprehend literature, including stories, dramas, and poems, in the grades 11–CCR text complexity band proficiently, with scaffolding as needed at the high end of the range.

By the end of grade 12, read and comprehend literature, including stories, dramas, and poems, at the high end of the grades 11–CCR text complexity band independently and proficiently.

2.1.2 Reading Standards for Informational Text 6–12

A. Grade 6 students:

B. Grade 7 students:

C. Grade 8 students:

Key Ideas and Details

Cite textual evidence to support analysis of what the text says explicitly as well as inferences drawn from the text.

Cite several pieces of textual evidence to support analysis of what the text says explicitly as well as inferences drawn from the text.

Cite the textual evidence that most strongly supports an analysis of what the text says explicitly as well as inferences drawn from the text.

Determine a central idea of a text and how it is conveyed through particular details; provide a summary of the text distinct from personal opinions or judgments.

Determine two or more central ideas in a text and analyze their development over the course of the text; provide an objective summary of the text.

Determine a central idea of a text and analyze its development over the course of the text, including its relationship to supporting ideas; provide an objective summary of the text.

Analyze in detail how a key individual, event, or idea is introduced, illustrated, and elaborated in a text (e.g., through examples or anecdotes).

Analyze the interactions between individuals, events, and ideas in a text (e.g., how ideas influence individuals or events, or how individuals influence ideas or events).

Analyze how a text makes connections among and distinctions between individuals, ideas, or events (e.g., through comparisons, analogies, or categories).

Craft and Structure

Determine the meaning of words and phrases as they are used in a text, including figurative, connotative, and technical meanings.

Determine the meaning of words and phrases as they are used in a text, including figurative, connotative, and technical meanings; analyze the impact of a specific word choice on meaning and tone.

Determine the meaning of words and phrases as they are used in a text, including figurative, connotative, and technical meanings; analyze the impact of specific word choices on meaning and tone, including analogies or allusions to other texts.

Analyze how a particular sentence, paragraph, chapter, or section fits into the overall structure of a text and contributes to the development of the ideas.

Analyze the structure an author uses to organize a text, including how the major sections contribute to the whole and to the development of the ideas.

5. Analyze in detail the structure of a specific paragraph in a text, including the role of particular sentences in developing and refining a key concept.

6. Determine an author’s point of view or purpose in a text and explain how it is conveyed in the text.

Determine an author’s point of view or purpose in a text and analyze how the author distinguishes his or her position from that of others.

6. Determine an author’s point of view or purpose in a text and analyze how the author acknowledges and responds to conflicting evidence or viewpoints.

Integration of Knowledge and Ideas

7. Integrate information presented in different media or formats (e.g., visually, quantitatively) as well as in words to develop a coherent understanding of a topic or issue.

8. Compare and contrast a text to an audio, video, or multimedia version of the text, analyzing each medium’s portrayal of the subject (e.g., how the delivery of a speech affects the impact of the words).

9. Evaluate the advantages and disadvantages of using different mediums (e.g., print or digital text, video, multimedia) to present a particular topic or idea.

10. Trace and evaluate the argument and specific claims in a text, distinguishing claims that are supported by reasons and evidence from claims that are not.

11. Trace and evaluate the argument and specific claims in a text, assessing whether the reasoning is sound and the evidence is relevant and sufficient to support the claims.

12. Delineate and evaluate the argument and specific claims in a text, assessing whether the reasoning is sound and the evidence is relevant and sufficient; recognize when irrelevant evidence is introduced.

13. Compare and contrast one author’s presentation of events with that of another (e.g., a memoir written by and a biography on the same person).

14. Analyze how two or more authors writing about the same topic shape their presentations of key information by emphasizing different evidence or advancing different interpretations of facts.

15. Analyze a case in which two or more texts provide conflicting information on the same topic and identify where the texts disagree on matters of fact or interpretation.

A. Grade 6 students:

B. Grade 7 students:

C. Grade 8 students:

10. By the end of the year, read and comprehend literary nonfiction in the grades 6–8 text complexity band proficiently, with scaffolding as needed at the high end of the range.

11. By the end of the year, read and comprehend literary nonfiction in the grades 6–8 text complexity band proficiently, with scaffolding as needed at the high end of the range.

12. By the end of the year, read and comprehend literary nonfiction at the high end of the grades 6–8 text complexity band independently and proficiently.

D. Grades 9–10 students:

E. Grades 11–12 students:

Key Ideas and Details

Cite strong and thorough textual evidence to support analysis of what the text says explicitly as well as inferences drawn from the text.

Cite strong and thorough textual evidence to support analysis of what the text says explicitly as well as inferences drawn from the text, including determining where the text leaves matters uncertain.

Determine a central idea of a text and analyze its development over the course of the text, including how it emerges and is shaped and refined by specific details; provide an objective summary of the text.

Determine two or more central ideas of a text and analyze their development over the course of the text, including how they interact and build on one another to provide a complex analysis; provide an objective summary of the text.

Analyze how the author unfolds an analysis or series of ideas or events, including the order in which the points are made, how they are introduced and developed, and the connections that are drawn between them.

Analyze a complex set of ideas or sequence of events and explain how specific individuals, ideas, or events interact and develop over the course of the text.

Craft and Structure

Determine the meaning of words and phrases as they are used in a text, including figurative, connotative, and technical meanings; analyze the cumulative impact of specific word choices on meaning and tone (e.g., how the language of a court opinion differs from that of a newspaper).

Determine the meaning of words and phrases as they are used in a text, including figurative, connotative, and technical meanings; analyze how an author uses and refines the meaning of a key term or terms over the course of a text (e.g., how Madison defines faction in Federalist No. 10).

Analyze in detail how an author’s ideas or claims are developed and refined by particular sentences, paragraphs, or larger portions of a text (e.g., a section or chapter).

Analyze and evaluate the effectiveness of the structure an author uses in his or her exposition or argument, including whether the structure makes points clear, convincing, and engaging.

Determine an author’s point of view or purpose in a text and analyze how an author uses rhetoric to advance that point of view or purpose.

Determine an author’s point of view or purpose in a text in which the rhetoric is particularly effective, analyzing how style and content contribute to the power, persuasiveness, or beauty of the text.

Integration of Knowledge and Ideas

Analyze various accounts of a subject told in different mediums (e.g., a person’s life story in both print and multimedia), determining which details are emphasized in each account.

Integrate and evaluate multiple sources of information presented in different media or formats (e.g., visually, quantitatively) as well as in words in order to address a question or solve a problem.

Delineate and evaluate the argument and specific claims in a text, assessing whether the reasoning is valid and the evidence is relevant and sufficient; identify false statements and fallacious reasoning.

Delineate and evaluate the reasoning in seminal U.S. texts, including the application of constitutional principles and use of legal reasoning (e.g., in U.S. Supreme Court majority opinions and dissents) and the premises, purposes, and arguments in works of public advocacy (e.g., The Federalist, presidential addresses).

Analyze seminal U.S. documents of historical and literary significance (e.g., Washington’s Farewell Address, the Gettysburg Address, Roosevelt’s Four Freedoms speech, King’s “Letter from Birmingham Jail”), including how they address related themes and concepts.

Analyze seventeenth-, eighteenth-, and nineteenth-century foundational U.S. documents of historical and literary significance (including The Declaration of Independence, the Preamble to the Constitution, the Bill of Rights, and Lincoln’s Second Inaugural Address) for their themes, purposes, and rhetorical features.

Range of Reading and Level of Text Complexity

By the end of grade 9, read and comprehend literary nonfiction in the grades 9–10 text complexity band proficiently, with scaffolding as needed at the high end of the range.

By the end of grade 10, read and comprehend literary nonfiction at the high end of the grades 9–10 text complexity band independently and proficiently.

10. By the end of grade 11, read and comprehend literary nonfiction in the grades 11–CCR text complexity band proficiently, with scaffolding as needed at the high end of the range.

By the end of grade 12, read and comprehend literary nonfiction at the high end of the grades 11–CCR text complexity band independently and proficiently.

2.2 College and Career Readiness Anchor Standards for Writing

The grades 6–12 standards on the following pages define what students should understand and be able to do by the end of each grade. They correspond to the College and Career Readiness (CCR) anchor standards below by number. The CCR and grade-specific standards are necessary complements—the former providing broad standards, the latter providing additional specificity—that together define the skills and understandings that all students must demonstrate.

Text Types and Purposes

1. Write arguments to support claims in an analysis of substantive topics or texts, using valid reasoning and relevant and sufficient evidence.

2. Write informative/explanatory texts to examine and convey complex ideas and information clearly and accurately through the effective selection, organization, and analysis of content.

3. Write narratives to develop real or imagined experiences or events using effective technique, well-chosen details, and well-structured event sequences.

Production and Distribution of Writing

4. Produce clear and coherent writing in which the development, organization, and style are appropriate to task, purpose, and audience.

5. Develop and strengthen writing as needed by planning, revising, editing, rewriting, or trying a new approach.

6. Use technology, including the Internet, to produce and publish writing and to interact and collaborate with others.

Research to Build and Present Knowledge

7. Conduct short as well as more sustained research projects based on focused questions, demonstrating understanding of the subject under investigation.

8. Gather relevant information from multiple print and digital sources, assess the credibility and accuracy of each source, and integrate the information while avoiding plagiarism.

9. Draw evidence from literary or informational texts to support analysis, reflection, and research.

Range of Writing

10. Write routinely over extended time frames (time for research, reflection, and revision) and shorter time frames (a single sitting or a day or two) for a range of tasks, purposes, and audiences.

2.2.1 Writing Standards 6–12

The following standards for grades 6–12 offer a focus for instruction each year to help ensure that students gain adequate mastery of a range of skills and applications. Each year in their writing, students should demonstrate increasing sophistication in all aspects of language use, from vocabulary and syntax to the development and organization of ideas, and they should address increasingly demanding content and sources. Students advancing through the grades are expected to meet each year’s grade-specific standards and retain or further develop skills and understandings mastered in preceding grades. The expected growth in student writing ability is reflected both in the standards themselves and in the collection of annotated student writing samples in Appendix C.

A. Grade 6 students:

B. Grade 7 students:

C. Grade 8 students:

Text Types and Purposes

Write arguments to support claims with clear reasons and relevant evidence.

Introduce claim(s) and organize the reasons and evidence clearly.

Support claim(s) with clear reasons and relevant evidence, using credible sources and demonstrating an understanding of the topic or text.

Use words, phrases, and clauses to clarify the relationships among claim(s) and reasons.

Establish and maintain a formal style.

Provide a concluding statement or section that follows from the argument presented.

Write arguments to support claims with clear reasons and relevant evidence.

Introduce claim(s), acknowledge alternate or opposing claims, and organize the reasons and evidence logically.

Support claim(s) with logical reasoning and relevant evidence, using accurate, credible sources and demonstrating an understanding of the topic or text.

Use words, phrases, and clauses to create cohesion and clarify the relationships among claim(s), reasons, and evidence.

Establish and maintain a formal style.

Provide a concluding statement or section that follows from and supports the argument presented.

Write arguments to support claims with clear reasons and relevant evidence.

Introduce claim(s), acknowledge and distinguish the claim(s) from alternate or opposing claims, and organize the reasons and evidence logically.

Support claim(s) with logical reasoning and relevant evidence, using accurate, credible sources and demonstrating an understanding of the topic or text.

Use words, phrases, and clauses to create cohesion and clarify the relationships among claim(s), counterclaims, reasons, and evidence.

Establish and maintain a formal style.

Provide a concluding statement or section that follows from and supports the argument presented.

Write informative/explanatory texts to examine a topic and convey ideas, concepts, and information through the selection, organization, and analysis of relevant content.

Introduce a topic; organize ideas, concepts, and information, using strategies such as definition, classification, comparison/contrast, and cause/effect; include formatting (e.g., headings), graphics (e.g., charts, tables), and multimedia when useful to aiding comprehension.

Develop the topic with relevant facts, definitions, concrete details, quotations, or other information and examples.

Use appropriate transitions to clarify the relationships among ideas and concepts.

Use precise language and domain-specific vocabulary to inform about or explain the topic.

Establish and maintain a formal style.

Provide a concluding statement or section that follows from the information or explanation presented.

Write informative/explanatory texts to examine a topic and convey ideas, concepts, and information through the selection, organization, and analysis of relevant content.

Introduce a topic clearly, previewing what is to follow; organize ideas, concepts, and information, using strategies such as definition, classification, comparison/contrast, and cause/effect; include formatting (e.g., headings), graphics (e.g., charts, tables), and multimedia when useful to aiding comprehension.

Develop the topic with relevant facts, definitions, concrete details, quotations, or other information and examples.

Use appropriate transitions to create cohesion and clarify the relationships among ideas and concepts.

Use precise language and domain-specific vocabulary to inform about or explain the topic.

Establish and maintain a formal style.

Provide a concluding statement or section that follows from and supports the information or explanation presented.

Write informative/explanatory texts to examine a topic and convey ideas, concepts, and information through the selection, organization, and analysis of relevant content.

Introduce a topic clearly, previewing what is to follow; organize ideas, concepts, and information into broader categories; include formatting (e.g., headings), graphics (e.g., charts, tables), and multimedia when useful to aiding comprehension.

Develop the topic with relevant, well-chosen facts, definitions, concrete details, quotations, or other information and examples.

Use appropriate and varied transitions to create cohesion and clarify the relationships among ideas and concepts.

Use precise language and domain-specific vocabulary to inform about or explain the topic.

Establish and maintain a formal style.

Provide a concluding statement or section that follows from and supports the information or explanation presented.

A. Grade 6 students:

B. Grade 7 students:

C. Grade 8 students:

Text Types and Purposes (continued)

Write narratives to develop real or imagined experiences or events using effective technique, relevant descriptive details, and well-structured event sequences.

Engage and orient the reader by establishing a context and introducing a narrator and/or characters; organize an event sequence that unfolds naturally and logically.

Use narrative techniques, such as dialogue, pacing, and description, to develop experiences, events, and/or characters.

Use a variety of transition words, phrases, and clauses to convey sequence and signal shifts from one time frame or setting to another.

Use precise words and phrases, relevant descriptive details, and sensory language to convey experiences and events.

Provide a conclusion that follows from the narrated experiences or events.

3. Write narratives to develop real or imagined experiences or events using effective technique, relevant descriptive details, and well-structured event sequences.

Engage and orient the reader by establishing a context and point of view and introducing a narrator and/or characters; organize an event sequence that unfolds naturally and logically.

Use narrative techniques, such as dialogue, pacing, and description, to develop experiences, events, and/or characters.

Use a variety of transition words, phrases, and clauses to convey sequence and signal shifts from one time frame or setting to another.

Use precise words and phrases, relevant descriptive details, and sensory language to capture the action and convey experiences and events.

Provide a conclusion that follows from and reflects on the narrated experiences or events.

3. Write narratives to develop real or imagined experiences or events using effective technique, relevant descriptive details, and well-structured event sequences.

Engage and orient the reader by establishing a context and point of view and introducing a narrator and/or characters; organize an event sequence that unfolds naturally and logically.

Use narrative techniques, such as dialogue, pacing, description, and reflection, to develop experiences, events, and/or characters.

Use a variety of transition words, phrases, and clauses to convey sequence, signal shifts from one time frame or setting to another, and show the relationships among experiences and events.

Use precise words and phrases, relevant descriptive details, and sensory language to capture the action and convey experiences and events.

Provide a conclusion that follows from and reflects on the narrated experiences or events.

Production and Distribution of Writing

Produce clear and coherent writing in which the development, organization, and style are appropriate to task, purpose, and audience. (Grade-specific expectations for writing types are defined in standards 1–3 above.)

Produce clear and coherent writing in which the development, organization, and style are appropriate to task, purpose, and audience. (Grade-specific expectations for writing types are defined in standards 1–3 above.)

Produce clear and coherent writing in which the development, organization, and style are appropriate to task, purpose, and audience. (Grade-specific expectations for writing types are defined in standards 1–3 above.)

With some guidance and support from peers and adults, develop and strengthen writing as needed by planning, revising, editing, rewriting, or trying a new approach. (Editing for conventions should demonstrate command of Language standards 1–3 up to and including grade 6 on page 53.)

With some guidance and support from peers and adults, develop and strengthen writing as needed by planning, revising, editing, rewriting, or trying a new approach, focusing on how well purpose and audience have been addressed. (Editing for conventions should demonstrate command of Language standards 1–3 up to and including grade 7 on page 53.)

With some guidance and support from peers and adults, develop and strengthen writing as needed by planning, revising, editing, rewriting, or trying a new approach, focusing on how well purpose and audience have been addressed. (Editing for conventions should demonstrate command of Language standards 1–3 up to and including grade 8 on page 53.)

6. Use technology, including the Internet, to produce and publish writing as well as to interact and collaborate with others; demonstrate sufficient command of keyboarding skills to type a minimum of three pages in a single sitting.

7. Use technology, including the Internet, to produce and publish writing and link to and cite sources as well as to interact and collaborate with others, including linking to and citing sources.

8. Use technology, including the Internet, to produce and publish writing and present the relationships between information and ideas efficiently as well as to interact and collaborate with others.

A. Grade 6 students:

B. Grade 7 students:

C. Grade 8 students:

Research to Build and Present Knowledge

7. Conduct short research projects to answer a question, drawing on several sources and refocusing the inquiry when appropriate.

8. Conduct short research projects to answer a question, drawing on several sources and generating additional related, focused questions for further research and investigation.

9. Conduct short research projects to answer a question (including a self-generated question), drawing on several sources and generating additional related, focused questions that allow for multiple avenues of exploration.

10. Gather relevant information from multiple print and digital sources; assess the credibility of each source; and quote or paraphrase the data and conclusions of others while avoiding plagiarism and providing basic bibliographic information for sources.

11. Gather relevant information from multiple print and digital sources, using search terms effectively; assess the credibility and accuracy of each source; and quote or paraphrase the data and conclusions of others while avoiding plagiarism and following a standard format for citation.

12. Gather relevant information from multiple print and digital sources, using search terms effectively; assess the credibility and accuracy of each source; and quote or paraphrase the data and conclusions of others while avoiding plagiarism and following a standard format for citation.

Draw evidence from literary or informational texts to support analysis, reflection, and research.

Apply grade 6 Reading standards to literature (e.g., “Compare and contrast texts in different forms or genres [e.g., stories and poems; historical novels and fantasy stories] in terms of their approaches to similar themes and topics”).

Apply grade 6 Reading standards to literary nonfiction (e.g., “Trace and evaluate the argument and specific claims in a text, distinguishing claims that are supported by reasons and evidence from claims that are not”).

Draw evidence from literary or informational texts to support analysis, reflection, and research.

Apply grade 7 Reading standards to literature (e.g., “Compare and contrast a fictional portrayal of a time, place, or character and a historical account of the same period as a means of understanding how authors of fiction use or alter history”).

Apply grade 7 Reading standards to literary nonfiction (e.g. “Trace and evaluate the argument and specific claims in a text, assessing whether the reasoning is sound and the evidence is relevant and sufficient to support the claims”).

Draw evidence from literary or informational texts to support analysis, reflection, and research.

Apply grade 8 Reading standards to literature (e.g., “Analyze how a modern work of fiction draws on themes, patterns of events, or character types from myths, traditional stories, or religious works such as the Bible, including describing how the material is rendered new”).

Apply grade 8 Reading standards to literary nonfiction (e.g., “Delineate and evaluate the argument and specific claims in a text, assessing whether the reasoning is sound and the evidence is relevant and sufficient; recognize when irrelevant evidence is introduced”).

Range of Writing

Write routinely over extended time frames (time for research, reflection, and revision) and shorter time frames (a single sitting or a day or two) for a range of discipline-specific tasks, purposes, and audiences.

Write routinely over extended time frames (time for research, reflection, and revision) and shorter time frames (a single sitting or a day or two) for a range of discipline-specific tasks, purposes, and audiences.

Write routinely over extended time frames (time for research, reflection, and revision) and shorter time frames (a single sitting or a day or two) for a range of discipline-specific tasks, purposes, and audiences.

D. Grades 9–10 students:

E. Grades 11–12 students:

Text Types and Purposes

1. Write arguments to support claims in an analysis of substantive topics or texts, using valid reasoning and relevant and sufficient evidence.

Introduce precise claim(s), distinguish the claim(s) from alternate or opposing claims, and create an organization that establishes clear relationships among claim(s), counterclaims, reasons, and evidence.

Develop claim(s) and counterclaims fairly, supplying evidence for each while pointing out the strengths and limitations of both in a manner that anticipates the audience’s knowledge level and concerns.

Use words, phrases, and clauses to link the major sections of the text, create cohesion, and clarify the relationships between claim(s) and reasons, between reasons and evidence, and between claim(s) and counterclaims.

Establish and maintain a formal style and objective tone while attending to the norms and conventions of the discipline in which they are writing.

Provide a concluding statement or section that follows from and supports the argument presented.

Write arguments to support claims in an analysis of substantive topics or texts, using valid reasoning and relevant and sufficient evidence.

Introduce precise, knowledgeable claim(s), establish the significance of the claim(s), distinguish the claim(s) from alternate or opposing claims, and create an organization that logically sequences claim(s), counterclaims, reasons, and evidence.

Develop claim(s) and counterclaims fairly and thoroughly, supplying the most relevant evidence for each while pointing out the strengths and limitations of both in a manner that anticipates the audience’s knowledge level, concerns, values, and possible biases.

Use words, phrases, and clauses as well as varied syntax to link the major sections of the text, create cohesion, and clarify the relationships between claim(s) and reasons, between reasons and evidence, and between claim(s) and counterclaims.

Establish and maintain a formal style and objective tone while attending to the norms and conventions of the discipline in which they are writing.

Provide a concluding statement or section that follows from and supports the argument presented.

Write informative/explanatory texts to examine and convey complex ideas, concepts, and information clearly and accurately through the effective selection, organization, and analysis of content.

Introduce a topic; organize complex ideas, concepts, and information to make important connections and distinctions; include formatting (e.g., headings), graphics (e.g., figures, tables), and multimedia when useful to aiding comprehension.

Develop the topic with well-chosen, relevant, and sufficient facts, extended definitions, concrete details, quotations, or other information and examples appropriate to the audience’s knowledge of the topic.

Use appropriate and varied transitions to link the major sections of the text, create cohesion, and clarify the relationships among complex ideas and concepts.

Use precise language and domain-specific vocabulary to manage the complexity of the topic.

Establish and maintain a formal style and objective tone while attending to the norms and conventions of the discipline in which they are writing.

Provide a concluding statement or section that follows from and supports the information or explanation presented (e.g., articulating implications or the significance of the topic).

Write informative/explanatory texts to examine and convey complex ideas, concepts, and information clearly and accurately through the effective selection, organization, and analysis of content.

Introduce a topic; organize complex ideas, concepts, and information so that each new element builds on that which precedes it to create a unified whole; include formatting (e.g., headings), graphics (e.g., figures, tables), and multimedia when useful to aiding comprehension.

Develop the topic thoroughly by selecting the most significant and relevant facts, extended definitions, concrete details, quotations, or other information and examples appropriate to the audience’s knowledge of the topic.

Use appropriate and varied transitions and syntax to link the major sections of the text, create cohesion, and clarify the relationships among complex ideas and concepts.

Use precise language, domain-specific vocabulary, and techniques such as metaphor, simile, and analogy to manage the complexity of the topic.

Establish and maintain a formal style and objective tone while attending to the norms and conventions of the discipline in which they are writing.

Provide a concluding statement or section that follows from and supports the information or explanation presented (e.g., articulating implications or the significance of the topic).

D. Grades 9–10 students:

E. Grades 11–12 students:

Text Types and Purposes (continued)

Write narratives to develop real or imagined experiences or events using effective technique, well-chosen details, and well-structured event sequences.

Engage and orient the reader by setting out a problem, situation, or observation, establishing one or multiple point(s) of view, and introducing a narrator and/or characters; create a smooth progression of experiences or events.

Use narrative techniques, such as dialogue, pacing, description, reflection, and multiple plot lines, to develop experiences, events, and/or characters.

Use a variety of techniques to sequence events so that they build on one another to create a coherent whole.

Use precise words and phrases, telling details, and sensory language to convey a vivid picture of the experiences, events, setting, and/or characters.

Provide a conclusion that follows from and reflects on what is experienced, observed, or resolved over the course of the narrative.

Write narratives to develop real or imagined experiences or events using effective technique, well-chosen details, and well-structured event sequences.

Engage and orient the reader by setting out a problem, situation, or observation and its significance, establishing one or multiple point(s) of view, and introducing a narrator and/or characters; create a smooth progression of experiences or events.

Use narrative techniques, such as dialogue, pacing, description, reflection, and multiple plot lines, to develop experiences, events, and/or characters.

Use a variety of techniques to sequence events so that they build on one another to create a coherent whole and build toward a particular tone and outcome (e.g., a sense of mystery, suspense, growth, or resolution).

Use precise words and phrases, telling details, and sensory language to convey a vivid picture of the experiences, events, setting, and/or characters.

Provide a conclusion that follows from and reflects on what is experienced, observed, or resolved over the course of the narrative.

Production and Distribution of Writing

Produce clear and coherent writing in which the development, organization, and style are appropriate to task, purpose, and audience. (Grade-specific expectations for writing types are defined in standards 1–3 above.)

Produce clear and coherent writing in which the development, organization, and style are appropriate to task, purpose, and audience. (Grade-specific expectations for writing types are defined in standards 1–3 above.)

Develop and strengthen writing as needed by planning, revising, editing, rewriting, or trying a new approach, focusing on addressing what is most significant for a specific purpose and audience. (Editing for conventions should demonstrate command of Language standards 1–3 up to and including grades 9–10 on page 55.)

Develop and strengthen writing as needed by planning, revising, editing, rewriting, or trying a new approach, focusing on addressing what is most significant for a specific purpose and audience. (Editing for conventions should demonstrate command of Language standards 1–3 up to and including grades 11–12 on page 55.)

6. Use technology, including the Internet, to produce, publish, and update individual or shared writing products, taking advantage of technology’s capacity to link to other information and to display information flexibly and dynamically.

7. Use technology, including the Internet, to produce, publish, and update individual or shared writing products in response to ongoing feedback, including new arguments or information.

Research to Build and Present Knowledge

7. Conduct short as well as more sustained research projects to answer a question (including a self-generated question) or solve a problem; narrow or broaden the inquiry when appropriate; synthesize multiple sources on the subject, demonstrating understanding of the subject under investigation.

8. Conduct short as well as more sustained research projects to answer a question (including a self-generated question) or solve a problem; narrow or broaden the inquiry when appropriate; synthesize multiple sources on the subject, demonstrating understanding of the subject under investigation.

9. Gather relevant information from multiple authoritative print and digital sources, using advanced searches effectively; assess the usefulness of each source in answering the research question; integrate information into the text selectively to maintain the flow of ideas, avoiding plagiarism and following a standard format for citation.

10. Gather relevant information from multiple authoritative print and digital sources, using advanced searches effectively; assess the strengths and limitations of each source in terms of the task, purpose, and audience; integrate information into the text selectively to maintain the flow of ideas, avoiding plagiarism and overreliance on any one source and following a standard format for citation.

D. Grades 9–10 students:

E. Grades 11–12 students:

Research to Build and Present Knowledge (continued)

Draw evidence from literary or informational texts to support analysis, reflection, and research.

Apply grades 9–10 Reading standards to literature (e.g., “Analyze how an author draws on and transforms source material in a specific work [e.g., how Shakespeare treats a theme or topic from Ovid or the Bible or how a later author draws on a play by Shakespeare]”).

Apply grades 9–10 Reading standards to literary nonfiction (e.g., “Delineate and evaluate the argument and specific claims in a text, assessing whether the reasoning is valid and the evidence is relevant and sufficient; identify false statements and fallacious reasoning”).

Draw evidence from literary or informational texts to support analysis, reflection, and research.

Apply grades 11–12 Reading standards to literature (e.g., “Demonstrate knowledge of eighteenth-, nineteenth- and early-twentieth-century foundational works of American literature, including how two or more texts from the same period treat similar themes or topics”).

Apply grades 11–12 Reading standards to literary nonfiction (e.g., “Delineate and evaluate the reasoning in seminal U.S. texts, including the application of constitutional principles and use of legal reasoning [e.g., in U.S. Supreme Court Case majority opinions and dissents] and the premises, purposes, and arguments in works of public advocacy [e.g., The Federalist, presidential addresses]”).

Range of Writing

Write routinely over extended time frames (time for research, reflection, and revision) and shorter time frames (a single sitting or a day or two) for a range of tasks, purposes, and audiences.

Write routinely over extended time frames (time for research, reflection, and revision) and shorter time frames (a single sitting or a day or two) for a range of tasks, purposes, and audiences.

2.3 College and Career Readiness Anchor Standards for Speaking and Listening

The grades 6–12 standards on the following pages define what students should understand and be able to do by the end of each grade. They correspond to the College and Career Readiness (CCR) anchor standards below by number. The CCR and grade-specific standards are necessary complements—the former providing broad standards, the latter providing additional specificity—that together define the skills and understandings that all students must demonstrate.

Comprehension and Collaboration

1. Prepare for and participate effectively in a range of conversations and collaborations with diverse partners, building on others’ ideas and expressing their own clearly and persuasively.

2. Integrate and evaluate information presented in diverse media and formats, including visually, quantitatively, and orally.

3. Evaluate a speaker’s point of view, reasoning, and use of evidence and rhetoric.

Presentation of Knowledge and Ideas

4. Present information, findings, and supporting evidence such that listeners can follow the line of reasoning and the organization, development, and style are appropriate to task, purpose, and audience.

5. Make strategic use of digital media and visual displays of data to express information and enhance understanding of presentations.

6. Adapt speech to a variety of contexts and communicative tasks, demonstrating command of formal English when indicated or appropriate.

2.3.1 Speaking and Listening Standards 6–12

The following standards for grades 6–12 offer a focus for instruction in each year to help ensure that students gain adequate mastery of a range of skills and applications. Students advancing through the grades are expected to meet each year’s grade-specific standards and retain or further develop skills and understandings mastered in preceding grades.

A. Grade 6 students:

B. Grade 7 students:

C. Grade 8 students:

Comprehension and Collaboration

Engage effectively in a range of collaborative discussions (one-on-one, in groups, and teacher-led) with diverse partners on grade 6 topics, texts, and issues, building on others’ ideas and expressing their own clearly.

Come to discussions prepared, having read or studied required material; explicitly draw on that preparation by referring to evidence on the topic, text, or issue to probe and reflect on ideas under discussion.

Follow rules for collegial discussions, set specific goals and deadlines, and define individual roles as needed.

Pose and respond to specific questions with elaboration and detail by making comments that contribute to the topic, text, or issue under discussion.

Review the key ideas expressed and demonstrate understanding of multiple perspectives through reflection and paraphrasing.

Engage effectively in a range of collaborative discussions (one-on-one, in groups, and teacher-led) with diverse partners on grade 7 topics, texts, and issues, building on others’ ideas and expressing their own clearly.

Come to discussions prepared, having read or researched material under study; explicitly draw on that preparation by referring to evidence on the topic, text, or issue to probe and reflect on ideas under discussion.

Follow rules for collegial discussions, track progress toward specific goals and deadlines, and define individual roles as needed.

Pose questions that elicit elaboration and respond to others’ questions and comments with relevant observations and ideas that bring the discussion back on topic as needed.

Acknowledge new information expressed by others and, when warranted, modify their own views.

Engage effectively in a range of collaborative discussions (one-on-one, in groups, and teacher-led) with diverse partners on grade 8 topics, texts, and issues, building on others’ ideas and expressing their own clearly.

Come to discussions prepared, having read or researched material under study; explicitly draw on that preparation by referring to evidence on the topic, text, or issue to probe and reflect on ideas under discussion.

Follow rules for collegial discussions and decision-making, track progress toward specific goals and deadlines, and define individual roles as needed.

Pose questions that connect the ideas of several speakers and respond to others’ questions and comments with relevant evidence, observations, and ideas.

Acknowledge new information expressed by others, and, when warranted, qualify or justify their own views in light of the evidence presented.

Interpret information presented in diverse media and formats (e.g., visually, quantitatively, orally) and explain how it contributes to a topic, text, or issue under study.

Analyze the main ideas and supporting details presented in diverse media and formats (e.g., visually, quantitatively, orally) and explain how the ideas clarify a topic, text, or issue under study.

Analyze the purpose of information presented in diverse media and formats (e.g., visually, quantitatively, orally) and evaluate the motives (e.g., social, commercial, political) behind its presentation.

Delineate a speaker’s argument and specific claims, distinguishing claims that are supported by reasons and evidence from claims that are not.

Delineate a speaker’s argument and specific claims, evaluating the soundness of the reasoning and the relevance and sufficiency of the evidence.

Delineate a speaker’s argument and specific claims, evaluating the soundness of the reasoning and relevance and sufficiency of the evidence and identifying when irrelevant evidence is introduced.

A. Grade 6 students:

B. Grade 7 students:

C. Grade 8 students:

Presentation of Knowledge and Ideas

Present claims and findings, sequencing ideas logically and using pertinent descriptions, facts, and details to accentuate main ideas or themes; use appropriate eye contact, adequate volume, and clear pronunciation.

Present claims and findings, emphasizing salient points in a focused, coherent manner with pertinent descriptions, facts, details, and examples; use appropriate eye contact, adequate volume, and clear pronunciation.

Present claims and findings, emphasizing salient points in a focused, coherent manner with relevant evidence, sound valid reasoning, and well-chosen details; use appropriate eye contact, adequate volume, and clear pronunciation.

Include multimedia components (e.g., graphics, images, music, sound) and visual displays in presentations to clarify information.

Include multimedia components and visual displays in presentations to clarify claims and findings and emphasize salient points.

Integrate multimedia and visual displays into presentations to clarify information, strengthen claims and evidence, and add interest.

Adapt speech to a variety of contexts and tasks, demonstrating command of formal English when indicated or appropriate. (See grade 6 Language standards 1 and 3 on page 53 for specific expectations.)

Adapt speech to a variety of contexts and tasks, demonstrating command of formal English when indicated or appropriate. (See grade 7 Language standards 1 and 3 on page 53 for specific expectations.)

Adapt speech to a variety of contexts and tasks, demonstrating command of formal English when indicated or appropriate. (See grade 8 Language standards 1 and 3 on page 53 for specific expectations.)

D. Grades 9–10 students:

E. Grades 11–12 students:

Comprehension and Collaboration

Initiate and participate effectively in a range of collaborative discussions (one-on-one, in groups, and teacher-led) with diverse partners on grades 9–10 topics, texts, and issues, building on others’ ideas and expressing their own clearly and persuasively.

a. Come to discussions prepared, having read and researched material under study; explicitly draw on that preparation by referring to evidence from texts and other research on the topic or issue to stimulate a thoughtful, well-reasoned exchange of ideas.

Work with peers to set rules for collegial discussions and decision-making (e.g., informal consensus, taking votes on key issues, presentation of alternate views), clear goals and deadlines, and individual roles as needed.

Propel conversations by posing and responding to questions that relate the current discussion to broader themes or larger ideas; actively incorporate others into the discussion; and clarify, verify, or challenge ideas and conclusions.

Respond thoughtfully to diverse perspectives, summarize points of agreement and disagreement, and, when warranted, qualify or justify their own views and understanding and make new connections in light of the evidence and reasoning presented.

Initiate and participate effectively in a range of collaborative discussions (one-on-one, in groups, and teacher-led) with diverse partners on grades 11–12 topics, texts, and issues, building on others’ ideas and expressing their own clearly and persuasively.

Come to discussions prepared, having read and researched material under study; explicitly draw on that preparation by referring to evidence from texts and other research on the topic or issue to stimulate a thoughtful, well-reasoned exchange of ideas.

Work with peers to promote civil, democratic discussions and decision-making, set clear goals and deadlines, and establish individual roles as needed.

Propel conversations by posing and responding to questions that probe reasoning and evidence; ensure a hearing for a full range of positions on a topic or issue; clarify, verify, or challenge ideas and conclusions; and promote divergent and creative perspectives.

Respond thoughtfully to diverse perspectives; synthesize comments, claims, and evidence made on all sides of an issue; resolve contradictions when possible; and determine what additional information or research is required to deepen the investigation or complete the task.

Integrate multiple sources of information presented in diverse media or formats (e.g., visually, quantitatively, orally) evaluating the credibility and accuracy of each source.

Integrate multiple sources of information presented in diverse formats and media (e.g., visually, quantitatively, orally) in order to make informed decisions and solve problems, evaluating the credibility and accuracy of each source and noting any discrepancies among the data.

Evaluate a speaker’s point of view, reasoning, and use of evidence and rhetoric, identifying any fallacious reasoning or exaggerated or distorted evidence.

Evaluate a speaker’s point of view, reasoning, and use of evidence and rhetoric, assessing the stance, premises, links among ideas, word choice, points of emphasis, and tone used.

Presentation of Knowledge and Ideas

Present information, findings, and supporting evidence clearly, concisely, and logically such that listeners can follow the line of reasoning and the organization, development, substance, and style are appropriate to purpose, audience, and task.

Present information, findings, and supporting evidence, conveying a clear and distinct perspective, such that listeners can follow the line of reasoning, alternative or opposing perspectives are addressed, and the organization, development, substance, and style are appropriate to purpose, audience, and a range of formal and informal tasks.

Make strategic use of digital media (e.g., textual, graphical, audio, visual, and interactive elements) in presentations to enhance understanding of findings, reasoning, and evidence and to add interest.

Make strategic use of digital media (e.g., textual, graphical, audio, visual, and interactive elements) in presentations to enhance understanding of findings, reasoning, and evidence and to add interest.

Adapt speech to a variety of contexts and tasks, demonstrating command of formal English when indicated or appropriate. (See grades 9–10 Language standards 1 and 3 on pages 54 for specific expectations.)

Adapt speech to a variety of contexts and tasks, demonstrating a command of formal English when indicated or appropriate. (See grades 11–12 Language standards 1 and 3 on page 54 for specific expectations.)

2.4 College and Career Readiness Anchor Standards for Language

The grades 6–12 standards on the following pages define what students should understand and be able to do by the end of each grade. They correspond to the College and Career Readiness (CCR) anchor standards below by number. The CCR and grade-specific standards are necessary complements—the former providing broad standards, the latter providing additional specificity—that together define the skills and understandings that all students must demonstrate.

Conventions of Standard English

1. Demonstrate command of the conventions of standard English grammar and usage when writing or speaking.

2. Demonstrate command of the conventions of standard English capitalization, punctuation, and spelling when writing.

Knowledge of Language

3. Apply knowledge of language to understand how language functions in different contexts, to make effective choices for meaning or style, and to comprehend more fully when reading or listening.

Vocabulary Acquisition and Use

4. Determine or clarify the meaning of unknown and multiple-meaning words and phrases by using context clues, analyzing meaningful word parts, and consulting general and specialized reference materials, as appropriate.

5. Demonstrate understanding of figurative language, word relationships, and nuances in word meanings.

6. Acquire and use accurately a range of general academic and domain-specific words and phrases sufficient for reading, writing, speaking, and listening at the college and career readiness level; demonstrate independence in gathering vocabulary knowledge when considering a word or phrase important to comprehension or expression.

2.4.1 Language Standards 6–12

The following standards for grades 6–12 offer a focus for instruction each year to help ensure that students gain adequate mastery of a range of skills and applications. Students advancing through the grades are expected to meet each year’s grade-specific standards and retain or further develop skills and understandings mastered in preceding grades. Beginning in grade 3, skills and understandings that are particularly likely to require continued attention in higher grades as they are applied to increasingly sophisticated writing and speaking are marked with an asterisk (*). See the table on page 57 for a complete listing and Appendix A for an example of how these skills develop in sophistication.

A. Grade 6 students:

B. Grade 7 students:

C. Grade 8 students:

Conventions of Standard English

Demonstrate command of the conventions of standard English grammar and usage when writing or speaking.

Ensure that pronouns are in the proper case (subjective, objective, possessive).

Use intensive pronouns (e.g., myself, ourselves).

Recognize and correct inappropriate shifts in pronoun number and person.*

Recognize and correct vague pronouns (i.e., ones with unclear or ambiguous antecedents).*

Recognize variations from standard English in their own and others' writing and speaking, and identify and use strategies to improve expression in conventional language.*

Demonstrate command of the conventions of standard English grammar and usage when writing or speaking.

Explain the function of phrases and clauses in general and their function in specific sentences.

Choose among simple, compound, complex, and compound-complex sentences to signal differing relationships among ideas.

Place phrases and clauses within a sentence, recognizing and correcting misplaced and dangling modifiers.*

Demonstrate command of the conventions of standard English grammar and usage when writing or speaking.

Explain the function of verbals (gerunds, participles, infinitives) in general and their function in particular sentences.

Form and use verbs in the active and passive voice.

Form and use verbs in the indicative, imperative, interrogative, conditional, and subjunctive mood.

Recognize and correct inappropriate shifts in verb voice and mood.*

Demonstrate command of the conventions of standard English capitalization, punctuation, and spelling when writing.

Use punctuation (commas, parentheses, dashes) to set off nonrestrictive/parenthetical elements.*

Spell correctly.

Demonstrate command of the conventions of standard English capitalization, punctuation, and spelling when writing.

Use a comma to separate coordinate adjectives (e.g., It was a fascinating, enjoyable movie but not He wore an old[,] green shirt).

Spell correctly.

Demonstrate command of the conventions of standard English capitalization, punctuation, and spelling when writing.

Use punctuation (comma, ellipsis, dash) to indicate a pause or break.

Use an ellipsis to indicate an omission.

Spell correctly.

Knowledge of Language

Use knowledge of language and its conventions when writing, speaking, reading, or listening.

Vary sentence patterns for meaning, reader/listener interest, and style.*

Maintain consistency in style and tone.*

Use knowledge of language and its conventions when writing, speaking, reading, or listening.

Choose language that expresses ideas precisely and concisely, recognizing and eliminating wordiness and redundancy.*

Use knowledge of language and its conventions when writing, speaking, reading, or listening.

Use verbs in the active and passive voice and in the conditional and subjunctive mood to achieve particular effects (e.g., emphasizing the actor or the action; expressing uncertainty or describing a state contrary to fact).

A. Grade 6 students:

B. Grade 7 students:

C. Grade 8 students:

Vocabulary Acquisition and Use

Determine or clarify the meaning of unknown and multiple-meaning words and phrases based on grade 6 reading and content, choosing flexibly from a range of strategies.

Use context (e.g., the overall meaning of a sentence or paragraph; a word’s position or function in a sentence) as a clue to the meaning of a word or phrase.

Use common, grade-appropriate Greek or Latin affixes and roots as clues to the meaning of a word (e.g., audience, auditory, audible).

Consult reference materials (e.g., dictionaries, glossaries, thesauruses), both print and digital, to find the pronunciation of a word or determine or clarify its precise meaning or its part of speech.

Verify the preliminary determination of the meaning of a word or phrase (e.g., by checking the inferred meaning in context or in a dictionary).

Determine or clarify the meaning of unknown and multiple-meaning words and phrases based on grade 7 reading and content, choosing flexibly from a range of strategies.

Use context (e.g., the overall meaning of a sentence or paragraph; a word’s position or function in a sentence) as a clue to the meaning of a word or phrase.

Use common, grade-appropriate Greek or Latin affixes and roots as clues to the meaning of a word (e.g., belligerent, bellicose, rebel).

Consult general and specialized reference materials (e.g., dictionaries, glossaries, thesauruses), both print and digital, to find the pronunciation of a word or determine or clarify its precise meaning or its part of speech.

Verify the preliminary determination of the meaning of a word or phrase (e.g., by checking the inferred meaning in context or in a dictionary).

Determine or clarify the meaning of unknown and multiple-meaning words or phrases based on grade 8 reading and content, choosing flexibly from a range of strategies.

Use context (e.g., the overall meaning of a sentence or paragraph; a word’s position or function in a sentence) as a clue to the meaning of a word or phrase.

Use common, grade-appropriate Greek or Latin affixes and roots as clues to the meaning of a word (e.g., precede, recede, secede).

Consult general and specialized reference materials (e.g., dictionaries, glossaries, thesauruses), both print and digital, to find the pronunciation of a word or determine or clarify its precise meaning or its part of speech.

Verify the preliminary determination of the meaning of a word or phrase (e.g., by checking the inferred meaning in context or in a dictionary).

Demonstrate understanding of figurative language, word relationships, and nuances in word meanings.

Interpret figures of speech (e.g., personification) in context.

Use the relationship between particular words (e.g., cause/effect, part/whole, item/category) to better understand each of the words.

c. Distinguish among the connotations (associations) of words with similar denotations (definitions) (e.g., stingy, scrimping, economical, unwasteful, thrifty).

Demonstrate understanding of figurative language, word relationships, and nuances in word meanings.

Interpret figures of speech (e.g., literary, biblical, and mythological allusions) in context.

Use the relationship between particular words (e.g., synonym/antonym, analogy) to better understand each of the words.

Distinguish among the connotations (associations) of words with similar denotations (definitions) (e.g., refined, respectful, polite, diplomatic, condescending).

Demonstrate understanding of figurative language, word relationships, and nuances in word meanings.

Interpret figures of speech (e.g. verbal irony, puns) in context.

Use the relationship between particular words to better understand each of the words.

Distinguish among the connotations (associations) of words with similar denotations (definitions) (e.g., bullheaded, willful, firm, persistent, resolute).

Acquire and use accurately grade-appropriate general academic and domain-specific words and phrases; gather vocabulary knowledge when considering a word or phrase important to comprehension or expression.

Acquire and use accurately grade-appropriate general academic and domain-specific words and phrases; gather vocabulary knowledge when considering a word or phrase important to comprehension or expression.

Acquire and use accurately grade-appropriate general academic and domain-specific words and phrases; gather vocabulary knowledge when considering a word or phrase important to comprehension or expression.

D. Grades 9–10 students:

E. Grades 11–12 students:

Conventions of Standard English

Demonstrate command of the conventions of standard English grammar and usage when writing or speaking.

Use parallel structure.*

Use various types of phrases (noun, verb, adjectival, adverbial, participial, prepositional, absolute) and clauses (independent, dependent; noun, relative, adverbial) to convey specific meanings and add variety and interest to writing or presentations.

Demonstrate command of the conventions of standard English grammar and usage when writing or speaking.

Apply the understanding that usage is a matter of convention, can change over time, and is sometimes contested.

Resolve issues of complex or contested usage, consulting references (e.g., Merriam-Webster’s Dictionary of English Usage, Garner’s Modern American Usage) as needed.

Demonstrate command of the conventions of standard English capitalization, punctuation, and spelling when writing.

Use a semicolon (and perhaps a conjunctive adverb) to link two or more closely related independent clauses.

Use a colon to introduce a list or quotation.

Spell correctly.

Demonstrate command of the conventions of standard English capitalization, punctuation, and spelling when writing.

Observe hyphenation conventions.

Spell correctly.

Knowledge of Language

Apply knowledge of language to understand how language functions in different contexts, to make effective choices for meaning or style, and to comprehend more fully when reading or listening.

Write and edit work so that it conforms to the guidelines in a style manual (e.g., MLA Handbook, Turabian’s Manual for Writers) appropriate for the discipline and writing type.

3. Apply knowledge of language to understand how language functions in different contexts, to make effective choices for meaning or style, and to comprehend more fully when reading or listening.

Vary syntax for effect, consulting references (e.g., Tufte’s Artful Sentences) for guidance as needed; apply an understanding of syntax to the study of complex texts when reading.

Vocabulary Acquisition and Use

Determine or clarify the meaning of unknown and multiple-meaning words and phrases based on grades 9–10 reading and content, choosing flexibly from a range of strategies.

Use context (e.g., the overall meaning of a sentence, paragraph, or text; a word’s position or function in a sentence) as a clue to the meaning of a word or phrase.

Identify and correctly use patterns of word changes that indicate different meanings or parts of speech (e.g., analyze, analysis, analytical; advocate, advocacy).

Consult general and specialized reference materials (e.g., dictionaries, glossaries, thesauruses), both print and digital, to find the pronunciation of a word or determine or clarify its precise meaning, its part of speech, or its etymology.

Verify the preliminary determination of the meaning of a word or phrase (e.g., by checking the inferred meaning in context or in a dictionary).

Determine or clarify the meaning of unknown and multiple-meaning words and phrases based on grades 11–12 reading and content, choosing flexibly from a range of strategies.

Use context (e.g., the overall meaning of a sentence, paragraph, or text; a word’s position or function in a sentence) as a clue to the meaning of a word or phrase.

Identify and correctly use patterns of word changes that indicate different meanings or parts of speech (e.g., conceive, conception, conceivable).

Consult general and specialized reference materials (e.g., dictionaries, glossaries, thesauruses), both print and digital, to find the pronunciation of a word or determine or clarify its precise meaning, its part of speech, its etymology, or its standard usage.

Verify the preliminary determination of the meaning of a word or phrase (e.g., by checking the inferred meaning in context or in a dictionary).

Demonstrate understanding of figurative language, word relationships, and nuances in word meanings.

a. Interpret figures of speech (e.g., euphemism, oxymoron) in context and analyze their role in the text.

Analyze nuances in the meaning of words with similar denotations.

Demonstrate understanding of figurative language, word relationships, and nuances in word meanings.

Interpret figures of speech (e.g., hyperbole, paradox) in context and analyze their role in the text.

Analyze nuances in the meaning of words with similar denotations.

Acquire and use accurately general academic and domain-specific words and phrases, sufficient for reading, writing, speaking, and listening at the college and career readiness level; demonstrate independence in gathering vocabulary knowledge when considering a word or phrase important to comprehension or expression.

6. Acquire and use accurately general academic and domain-specific words and phrases, sufficient for reading, writing, speaking, and listening at the college and career readiness level; demonstrate independence in gathering vocabulary knowledge when considering a word or phrase important to comprehension or expression.

7. Standards for Literacy in History/Social Studies, Science, and Technical Subjects: 6-12

3.1 College and Career Readiness Anchor Standards for Reading

The grades 6–12 standards on the following pages define what students should understand and be able to do by the end of each grade span. They correspond to the College and Career Readiness (CCR) anchor standards below by number. The CCR and grade-specific standards are necessary complements—the former providing broad standards, the latter providing additional specificity—that together define the skills and understandings that all students must demonstrate.

Key Ideas and Details

1. Read closely to determine what the text says explicitly and to make logical inferences from it; cite specific textual evidence when writing or speaking to support conclusions drawn from the text.

2. Determine central ideas or themes of a text and analyze their development; summarize the key supporting details and ideas.

3. Analyze how and why individuals, events, or ideas develop and interact over the course of a text.

Craft and Structure

4. Interpret words and phrases as they are used in a text, including determining technical, connotative, and figurative meanings, and analyze how specific word choices shape meaning or tone.

5. Analyze the structure of texts, including how specific sentences, paragraphs, and larger portions of the text (e.g., a section, chapter, scene, or stanza) relate to each other and the whole.

6. Assess how point of view or purpose shapes the content and style of a text.

Integration of Knowledge and Ideas

7. Integrate and evaluate content presented in diverse formats and media, including visually and quantitatively, as well as in words.

8. Delineate and evaluate the argument and specific claims in a text, including the validity of the reasoning as well as the relevance and sufficiency of the evidence.

9. Analyze how two or more texts address similar themes or topics in order to build knowledge or to compare the approaches the authors take.

Range of Reading and Level of Text Complexity

10. Read and comprehend complex literary and informational texts independently and proficiently.

3.1.1 Reading Standards for Literacy in History/Social Studies 6–12

The standards below begin at grade 6; standards for K–5 reading in history/social studies, science, and technical subjects are integrated into the K–5 Reading standards. The CCR anchor standards and high school standards in literacy work in tandem to define college and career readiness expectations—the former providing broad standards, the latter providing additional specificity.

A. Grades 6–8 students:

B. Grades 9–10 students:

C. Grades 11–12 students:

Key Ideas and Details

Cite specific textual evidence to support analysis of primary and secondary sources.

Cite specific textual evidence to support analysis of primary and secondary sources, attending to such features as the date and origin of the information.

Cite specific textual evidence to support analysis of primary and secondary sources, connecting insights gained from specific details to an understanding of the text as a whole.

Determine the central ideas or information of a primary or secondary source; provide an accurate summary of the source distinct from prior knowledge or opinions.

Determine the central ideas or information of a primary or secondary source; provide an accurate summary of how key events or ideas develop over the course of the text.

Determine the central ideas or information of a primary or secondary source; provide an accurate summary that makes clear the relationships among the key details and ideas.

Identify key steps in a text’s description of a process related to history/social studies (e.g., how a bill becomes law, how interest rates are raised or lowered).

Analyze in detail a series of events described in a text; determine whether earlier events caused later ones or simply preceded them.

Evaluate various explanations for actions or events and determine which explanation best accords with textual evidence, acknowledging where the text leaves matters uncertain.

Craft and Structure

Determine the meaning of words and phrases as they are used in a text, including vocabulary specific to domains related to history/social studies.

Determine the meaning of words and phrases as they are used in a text, including vocabulary describing political, social, or economic aspects of history/social studies.

Determine the meaning of words and phrases as they are used in a text, including analyzing how an author uses and refines the meaning of a key term over the course of a text (e.g., how Madison defines faction in Federalist No. 10).

Describe how a text presents information (e.g., sequentially, comparatively, causally).

Analyze how a text uses structure to emphasize key points or advance an explanation or analysis.

Analyze in detail how a complex primary source is structured, including how key sentences, paragraphs, and larger portions of the text contribute to the whole.

Identify aspects of a text that reveal an author’s point of view or purpose (e.g., loaded language, inclusion or avoidance of particular facts).

Compare the point of view of two or more authors for how they treat the same or similar topics, including which details they include and emphasize in their respective accounts.

Evaluate authors’ differing points of view on the same historical event or issue by assessing the authors’ claims, reasoning, and evidence.

Integration of Knowledge and Ideas

Integrate visual information (e.g., in charts, graphs, photographs, videos, or maps) with other information in print and digital texts.

Integrate quantitative or technical analysis (e.g., charts, research data) with qualitative analysis in print or digital text.

Integrate and evaluate multiple sources of information presented in diverse formats and media (e.g., visually, quantitatively, as well as in words) in order to address a question or solve a problem.

Distinguish among fact, opinion, and reasoned judgment in a text.

Assess the extent to which the reasoning and evidence in a text support the author’s claims.

Evaluate an author’s premises, claims, and evidence by corroborating or challenging them with other information.

Analyze the relationship between a primary and secondary source on the same topic.

Compare and contrast treatments of the same topic in several primary and secondary sources.

Integrate information from diverse sources, both primary and secondary, into a coherent understanding of an idea or event, noting discrepancies among sources.

A. Grades 6–8 students:

B. Grades 9–10 students:

C. Grades 11–12 students:

Range of Reading and Level of Text Complexity

By the end of grade 8, read and comprehend history/social studies texts in the grades 6–8 text complexity band independently and proficiently.

By the end of grade 10, read and comprehend history/social studies texts in the grades 9–10 text complexity band independently and proficiently.

By the end of grade 12, read and comprehend history/social studies texts in the grades 11-CCR text complexity band independently and proficiently.

3.1.2 Reading Standards for Literacy in Science and Technical Subjects 6–12

A. Grades 6–8 students:

B. Grades 9–10 students:

C. Grades 11–12 students:

Key Ideas and Details

Cite specific textual evidence to support analysis of science and technical texts.

Cite specific textual evidence to support analysis of science and technical texts, attending to the precise details of explanations or descriptions.

Cite specific textual evidence to support analysis of science and technical texts, attending to important distinctions the author makes and to any gaps or inconsistencies in the account.

Determine the central ideas or conclusions of a text; provide an accurate summary of the text distinct from prior knowledge or opinions.

Determine the central ideas or conclusions of a text; trace the text’s explanation or depiction of a complex process, phenomenon, or concept; provide an accurate summary of the text.

Determine the central ideas or conclusions of a text; summarize complex concepts, processes, or information presented in a text by paraphrasing them in simpler but still accurate terms.

Follow precisely a multistep procedure when carrying out experiments, taking measurements, or performing technical tasks.

Follow precisely a complex multistep procedure when carrying out experiments, taking measurements, or performing technical tasks, attending to special cases or exceptions defined in the text.

Follow precisely a complex multistep procedure when carrying out experiments, taking measurements, or performing technical tasks; analyze the specific results based on explanations in the text.

Craft and Structure

Determine the meaning of symbols, key terms, and other domain-specific words and phrases as they are used in a specific scientific or technical context relevant to grades 6–8 texts and topics.

Determine the meaning of symbols, key terms, and other domain-specific words and phrases as they are used in a specific scientific or technical context relevant to grades 9–10 texts and topics.

Determine the meaning of symbols, key terms, and other domain-specific words and phrases as they are used in a specific scientific or technical context relevant to grades 11–12 texts and topics.

Analyze the structure an author uses to organize a text, including how the major sections contribute to the whole and to an understanding of the topic.

Analyze the structure of the relationships among concepts in a text, including relationships among key terms (e.g., force, friction, reaction force, energy).

5. Analyze how the text structures information or ideas into categories or hierarchies, demonstrating understanding of the information or ideas.

Analyze the author’s purpose in providing an explanation, describing a procedure, or discussing an experiment in a text.

Analyze the author’s purpose in providing an explanation, describing a procedure, or discussing an experiment in a text, defining the question the author seeks to address.

6. Analyze the author’s purpose in providing an explanation, describing a procedure, or discussing an experiment in a text, identifying important issues that remain unresolved.

Integration of Knowledge and Ideas

Integrate quantitative or technical information expressed in words in a text with a version of that information expressed visually (e.g., in a flowchart, diagram, model, graph, or table).

Translate quantitative or technical information expressed in words in a text into visual form (e.g., a table or chart) and translate information expressed visually or mathematically (e.g., in an equation) into words.

Integrate and evaluate multiple sources of information presented in diverse formats and media (e.g., quantitative data, video, multimedia) in order to address a question or solve a problem.

Distinguish among facts, reasoned judgment based on research findings, and speculation in a text.

Assess the extent to which the reasoning and evidence in a text support the author’s claim or a recommendation for solving a scientific or technical problem.

Evaluate the hypotheses, data, analysis, and conclusions in a science or technical text, verifying the data when possible and corroborating or challenging conclusions with other sources of information.

Compare and contrast the information gained from experiments, simulations, video, or multimedia sources with that gained from reading a text on the same topic.

Compare and contrast findings presented in a text to those from other sources (including their own experiments), noting when the findings support or contradict previous explanations or accounts.

Synthesize information from a range of sources (e.g., texts, experiments, simulations) into a coherent understanding of a process, phenomenon, or concept, resolving conflicting information when possible.

A. Grades 6–8 students:

B. Grades 9–10 students:

C. Grades 11–12 students:

Range of Reading and Level of Text Complexity

10. By the end of grade 8, read and comprehend science/technical texts in the grades 6–8 text complexity band independently and proficiently.

11. By the end of grade 10, read and comprehend science/technical texts in the grades 9–10 text complexity band independently and proficiently.

12. By the end of grade 12, read and comprehend science/technical texts in the grades 11-CCR text complexity band independently and proficiently.

3.2 College and Career Readiness Anchor Standards for Writing

The grades 6–12 standards on the following pages define what students should understand and be able to do by the end of each grade span. They correspond to the College and Career Readiness (CCR) anchor standards below by number. The CCR and grade-specific standards are necessary complements—the former providing broad standards, the latter providing additional specificity—that together define the skills and understandings that all students must demonstrate.

Text Types and Purposes

1. Write arguments to support claims in an analysis of substantive topics or texts using valid reasoning and relevant and sufficient evidence.

2. Write informative/explanatory texts to examine and convey complex ideas and information clearly and accurately through the effective selection, organization, and analysis of content.

3. Write narratives to develop real or imagined experiences or events using effective technique, well-chosen details and well-structured event sequences.

Production and Distribution of Writing

4. Produce clear and coherent writing in which the development, organization, and style are appropriate to task, purpose, and audience.

5. Develop and strengthen writing as needed by planning, revising, editing, rewriting, or trying a new approach.

6. Use technology, including the Internet, to produce and publish writing and to interact and collaborate with others.

Research to Build and Present Knowledge

7. Conduct short as well as more sustained research projects based on focused questions, demonstrating understanding of the subject under investigation.

8. Gather relevant information from multiple print and digital sources, assess the credibility and accuracy of each source, and integrate the information while avoiding plagiarism.

9. Draw evidence from literary or informational texts to support analysis, reflection, and research.

Range of Writing

10. Write routinely over extended time frames (time for research, reflection, and revision) and shorter time frames (a single sitting or a day or two) for a range of tasks, purposes, and audiences.

3.2.1 Writing Standards for Literacy in History/Social Studies, Science, and Technical Subjects 6–12

The standards below begin at grade 6; standards for K–5 writing in history/social studies, science, and technical subjects are integrated into the K–5 Writing standards. The CCR anchor standards and high school standards in literacy work in tandem to define college and career readiness expectations—the former providing broad standards, the latter providing additional specificity.

A. Grades 6–8 students:

B. Grades 9–10 students:

C. Grades 11–12 students:

Text Types and Purposes

Write arguments focused on discipline-specific content.

Introduce claim(s) about a topic or issue, acknowledge and distinguish the claim(s) from alternate or opposing claims, and organize the reasons and evidence logically.

Support claim(s) with logical reasoning and relevant, accurate data and evidence that demonstrate an understanding of the topic or text, using credible sources.

Use words, phrases, and clauses to create cohesion and clarify the relationships among claim(s), counterclaims, reasons, and evidence.

Establish and maintain a formal style.

Provide a concluding statement or section that follows from and supports the argument presented.

1. Write arguments focused on discipline-specific content.

Introduce precise claim(s), distinguish the claim(s) from alternate or opposing claims, and create an organization that establishes clear relationships among the claim(s), counterclaims, reasons, and evidence.

Develop claim(s) and counterclaims fairly, supplying data and evidence for each while pointing out the strengths and limitations of both claim(s) and counterclaims in a discipline-appropriate form and in a manner that anticipates the audience’s knowledge level and concerns.

Use words, phrases, and clauses to link the major sections of the text, create cohesion, and clarify the relationships between claim(s) and reasons, between reasons and evidence, and between claim(s) and counterclaims.

Establish and maintain a formal style and objective tone while attending to the norms and conventions of the discipline in which they are writing.

Provide a concluding statement or section that follows from or supports the argument presented.

1. Write arguments focused on discipline-specific content.

Introduce precise, knowledgeable claim(s), establish the significance of the claim(s), distinguish the claim(s) from alternate or opposing claims, and create an organization that logically sequences the claim(s), counterclaims, reasons, and evidence.

Develop claim(s) and counterclaims fairly and thoroughly, supplying the most relevant data and evidence for each while pointing out the strengths and limitations of both claim(s) and counterclaims in a discipline-appropriate form that anticipates the audience’s knowledge level, concerns, values, and possible biases.

Use words, phrases, and clauses as well as varied syntax to link the major sections of the text, create cohesion, and clarify the relationships between claim(s) and reasons, between reasons and evidence, and between claim(s) and counterclaims.

Establish and maintain a formal style and objective tone while attending to the norms and conventions of the discipline in which they are writing.

Provide a concluding statement or section that follows from or supports the argument presented.

A. Grades 6–8 students:

B. Grades 9–10 students:

C. Grades 11–12 students:

Text Types and Purposes (continued)

2. Write informative/explanatory texts, including the narration of historical events, scientific procedures/ experiments, or technical processes.

Introduce a topic clearly, previewing what is to follow; organize ideas, concepts, and information into broader categories as appropriate to achieving purpose; include formatting (e.g., headings), graphics (e.g., charts, tables), and multimedia when useful to aiding comprehension.

Develop the topic with relevant, well-chosen facts, definitions, concrete details, quotations, or other information and examples.

Use appropriate and varied transitions to create cohesion and clarify the relationships among ideas and concepts.

Use precise language and domain-specific vocabulary to inform about or explain the topic.

Establish and maintain a formal style and objective tone.

Provide a concluding statement or section that follows from and supports the information or explanation presented.

Write informative/explanatory texts, including the narration of historical events, scientific procedures/ experiments, or technical processes.

Introduce a topic and organize ideas, concepts, and information to make important connections and distinctions; include formatting (e.g., headings), graphics (e.g., figures, tables), and multimedia when useful to aiding comprehension.

Develop the topic with well-chosen, relevant, and sufficient facts, extended definitions, concrete details, quotations, or other information and examples appropriate to the audience’s knowledge of the topic.

Use varied transitions and sentence structures to link the major sections of the text, create cohesion, and clarify the relationships among ideas and concepts.

Use precise language and domain-specific vocabulary to manage the complexity of the topic and convey a style appropriate to the discipline and context as well as to the expertise of likely readers.

Establish and maintain a formal style and objective tone while attending to the norms and conventions of the discipline in which they are writing.

Provide a concluding statement or section that follows from and supports the information or explanation presented (e.g., articulating implications or the significance of the topic).

Write informative/explanatory texts, including the narration of historical events, scientific procedures/ experiments, or technical processes.

Introduce a topic and organize complex ideas, concepts, and information so that each new element builds on that which precedes it to create a unified whole; include formatting (e.g., headings), graphics (e.g., figures, tables), and multimedia when useful to aiding comprehension.

Develop the topic thoroughly by selecting the most significant and relevant facts, extended definitions, concrete details, quotations, or other information and examples appropriate to the audience’s knowledge of the topic.

Use varied transitions and sentence structures to link the major sections of the text, create cohesion, and clarify the relationships among complex ideas and concepts.

Use precise language, domain-specific vocabulary and techniques such as metaphor, simile, and analogy to manage the complexity of the topic; convey a knowledgeable stance in a style that responds to the discipline and context as well as to the expertise of likely readers.

Provide a concluding statement or section that follows from and supports the information or explanation provided (e.g., articulating implications or the significance of the topic).

3. (See note; not applicable as a separate requirement)

(See note; not applicable as a separate requirement)

(See note; not applicable as a separate requirement)

Note: Students’ narrative skills continue to grow in these grades. The Standards require that students be able to incorporate narrative elements effectively into arguments and informative/explanatory texts. In history/social studies, students must be able to incorporate narrative accounts into their analyses of individuals or events of historical import. In science and technical subjects, students must be able to write precise enough descriptions of the step-by-step procedures they use in their investigations or technical work that others can replicate them and (possibly) reach the same results.

A. Grades 6–8 students:

B. Grades 9–10 students:

C. Grades 11–12 students:

Production and Distribution of Writing

4. Produce clear and coherent writing in which the development, organization, and style are appropriate to task, purpose, and audience.

5. Produce clear and coherent writing in which the development, organization, and style are appropriate to task, purpose, and audience.

6. Produce clear and coherent writing in which the development, organization, and style are appropriate to task, purpose, and audience.

7. With some guidance and support from peers and adults, develop and strengthen writing as needed by planning, revising, editing, rewriting, or trying a new approach, focusing on how well purpose and audience have been addressed.

8. Develop and strengthen writing as needed by planning, revising, editing, rewriting, or trying a new approach, focusing on addressing what is most significant for a specific purpose and audience.

9. Develop and strengthen writing as needed by planning, revising, editing, rewriting, or trying a new approach, focusing on addressing what is most significant for a specific purpose and audience.

10. Use technology, including the Internet, to produce and publish writing and present the relationships between information and ideas clearly and efficiently.

11. Use technology, including the Internet, to produce, publish, and update individual or shared writing products, taking advantage of technology’s capacity to link to other information and to display information flexibly and dynamically.

12. Use technology, including the Internet, to produce, publish, and update individual or shared writing products in response to ongoing feedback, including new arguments or information.

Research to Build and Present Knowledge

7. Conduct short research projects to answer a question (including a self-generated question), drawing on several sources and generating additional related, focused questions that allow for multiple avenues of exploration.

8. Conduct short as well as more sustained research projects to answer a question (including a self-generated question) or solve a problem; narrow or broaden the inquiry when appropriate; synthesize multiple sources on the subject, demonstrating understanding of the subject under investigation.

9. Conduct short as well as more sustained research projects to answer a question (including a self-generated question) or solve a problem; narrow or broaden the inquiry when appropriate; synthesize multiple sources on the subject, demonstrating understanding of the subject under investigation.

10. Gather relevant information from multiple print and digital sources, using search terms effectively; assess the credibility and accuracy of each source; and quote or paraphrase the data and conclusions of others while avoiding plagiarism and following a standard format for citation.

11. Gather relevant information from multiple authoritative print and digital sources, using advanced searches effectively; assess the usefulness of each source in answering the research question; integrate information into the text selectively to maintain the flow of ideas, avoiding plagiarism and following a standard format for citation.

12. Gather relevant information from multiple authoritative print and digital sources, using advanced searches effectively; assess the strengths and limitations of each source in terms of the specific task, purpose, and audience; integrate information into the text selectively to maintain the flow of ideas, avoiding plagiarism and overreliance on any one source and following a standard format for citation.

13. Draw evidence from informational texts to support analysis, reflection, and research.

14. Draw evidence from informational texts to support analysis, reflection, and research.

15. Draw evidence from informational texts to support analysis, reflection, and research.

Range of Writing

Write routinely over extended time frames (time for reflection and revision) and shorter time frames (a single sitting or a day or two) for a range of discipline-specific tasks, purposes, and audiences.

Write routinely over extended time frames (time for reflection and revision) and shorter time frames (a single sitting or a day or two) for a range of discipline-specific tasks, purposes, and audiences.

Write routinely over extended time frames (time for reflection and revision) and shorter time frames (a single sitting or a day or two) for a range of discipline-specific tasks, purposes, and audiences.

Section II-B | College and Career Readiness Standards for Mathematics – Effective 2012-2013

1. Mathematics | Kindergarten

In Kindergarten, instructional time should focus on two critical areas: (1) representing, relating, and operating on whole numbers, initially with sets of objects; (2) describing shapes and space. More learning time in Kindergarten should be devoted to number than to other topics.

(1) Students use numbers, including written numerals, to represent quantities and to solve quantitative problems, such as counting objects in a set; counting out a given number of objects; comparing sets or numerals; and modeling simple joining and separating situations with sets of objects, or eventually with equations such as 5 + 2 = 7 and 7 – 2 = 5. (Kindergarten students should see addition and subtraction equations, and student writing of equations in Kindergarten is encouraged, but it is not required.) Students choose, combine, and apply effective strategies for answering quantitative questions, including quickly recognizing the cardinalities of small sets of objects, counting and producing sets of given sizes, counting the number of objects in combined sets, or counting the number of objects that remain in a set after some are taken away.

(2) Students describe their physical world using geometric ideas (e.g., shape, orientation, spatial relations) and vocabulary. They identify, name, and describe basic two-dimensional shapes, such as squares, triangles, circles, rectangles, and hexagons, presented in a variety of ways (e.g., with different sizes and orientations), as well as three-dimensional shapes such as cubes, cones, cylinders, and spheres. They use basic shapes and spatial reasoning to model objects in their environment and to construct more complex shapes.

1a. Grade K Overview

Counting and Cardinality

Know number names and the count sequence.

Count to tell the number of objects.

Compare numbers.

Make sense of problems and persevere in solving them.

Reason abstractly and quantitatively.

Construct viable arguments and critique the reasoning of others.

Model with mathematics.

Use appropriate tools strategically.

Attend to precision.

Look for and make use of structure.

Look for and express regularity in repeated reasoning.

Mathematical Practices

Operations and Algebraic Thinking

Understand addition as putting together and adding to, and understand subtraction as taking apart and taking from.

Number and Operations in Base Ten

Work with numbers 11–19 to gain foundations for place value.

Measurement and Data

Describe and compare measurable attributes.

Classify objects and count the number of objects in categories.

Geometry

Identify and describe shapes.

Analyze, compare, create, and compose shapes.

1.1 Counting and Cardinality

1.1a Know number names and the count sequence.

Count to 100 by ones and by tens.

Count forward beginning from a given number within the known sequence (instead of having to begin at 1).

Write numbers from 0 to 20. Represent a number of objects with a written numeral 0–20 (with 0 representing a count of no objects).

1.1b Count to tell the number of objects.

Understand the relationship between numbers and quantities; connect counting to cardinality.

When counting objects, say the number names in the standard order, pairing each object with one and only one number name and each number name with one and only one object.

Understand that the last number name said tells the number of objects counted. The number of objects is the same regardless of their arrangement or the order in which they were counted.

Understand that each successive number name refers to a quantity that is one larger.

Count to answer “how many?” questions about as many as 20 things arranged in a line, a rectangular array, or a circle, or as many as 10 things in a scattered configuration; given a number from 1–20, count out that many objects.

1.1c Compare numbers.

Identify whether the number of objects in one group is greater than, less than, or equal to the number of objects in another group, e.g., by using matching and counting strategies.

Compare two numbers between 1 and 10 presented as written numerals.

1.2 Operations and Algebraic Thinking

1.2a Understand addition as putting together and adding to, and understand subtraction as taking apart and taking from.

Represent addition and subtraction with objects, fingers, mental images, drawings, sounds (e.g., claps), acting out situations, verbal explanations, expressions, or equations.

Solve addition and subtraction word problems, and add and subtract within 10, e.g., by using objects or drawings to represent the problem.

Decompose numbers less than or equal to 10 into pairs in more than one way, e.g., by using objects or drawings, and record each decomposition by a drawing or equation (e.g., 5 = 2 + 3 and 5 = 4 + 1).

For any number from 1 to 9, find the number that makes 10 when added to the given number, e.g., by using objects or drawings, and record the answer with a drawing or equation.

Fluently add and subtract within 5.

1.3 Number and Operations in Base Ten

1.3a Work with numbers 11–19 to gain foundations for place value.

Compose and decompose numbers from 11 to 19 into ten ones and some further ones, e.g., by using objects or drawings, and record each composition or decomposition by a drawing or equation (e.g., 18 = 10 + 8); understand that these numbers are composed of ten ones and one, two, three, four, five, six, seven, eight, or nine ones.

1.4 Measurement and Data

1.4a Describe and compare measurable attributes.

Describe measurable attributes of objects, such as length or weight. Describe several measurable attributes of a single object.

Directly compare two objects with a measurable attribute in common, to see which object has “more of”/“less of” the attribute, and describe the difference. For example, directly compare the heights of two children and describe one child as taller/shorter.

1.4b Classify objects and count the number of objects in each category.

Classify objects into given categories; count the numbers of objects in each category and sort the categories by count.

1.5 Geometry

1.5a Identify and describe shapes (squares, circles, triangles, rectangles, hexagons, cubes, cones, cylinders, and spheres).

Describe objects in the environment using names of shapes, and describe the relative positions of these objects using terms such as above, below, beside, in front of, behind, and next to.

Correctly name shapes regardless of their orientations or overall size.

Identify shapes as two-dimensional (lying in a plane, “flat”) or three-dimensional (“solid”).

1.5b Analyze, compare, create, and compose shapes.

Analyze and compare two- and three-dimensional shapes, in different sizes and orientations, using informal language to describe their similarities, differences, parts (e.g., number of sides and vertices/“corners”) and other attributes (e.g., having sides of equal length).

Model shapes in the world by building shapes from components (e.g., sticks and clay balls) and drawing shapes.

Compose simple shapes to form larger shapes. For example, "Can you join these two triangles with full sides touching to make a rectangle?”

2. Mathematics | Grade 1

In Grade 1, instructional time should focus on four critical areas: (1) developing understanding of addition, subtraction, and strategies for addition and subtraction within 20; (2) developing understanding of whole number relationships and place value, including grouping in tens and ones; (3) developing understanding of linear measurement and measuring lengths as iterating length units; and (4) reasoning about attributes of, and composing and decomposing geometric shapes.

(1) Students develop strategies for adding and subtracting whole numbers based on their prior work with small numbers. They use a variety of models, including discrete objects and length-based models (e.g., cubes connected to form lengths), to model add-to, take-from, put-together, take-apart, and compare situations to develop meaning for the operations of addition and subtraction, and to develop strategies to solve arithmetic problems with these operations. Students understand connections between counting and addition and subtraction (e.g., adding two is the same as counting on two). They use properties of addition to add whole numbers and to create and use increasingly sophisticated strategies based on these properties (e.g., “making tens”) to solve addition and subtraction problems within 20. By comparing a variety of solution strategies, children build their understanding of the relationship between addition and subtraction.

(2) Students develop, discuss, and use efficient, accurate, and generalizable methods to add within 100 and subtract multiples of 10. They compare whole numbers (at least to 100) to develop understanding of and solve problems involving their relative sizes. They think of whole numbers between 10 and 100 in terms of tens and ones (especially recognizing the numbers 11 to 19 as composed of a ten and some ones). Through activities that build number sense, they understand the order of the counting numbers and their relative magnitudes.

(3) Students develop an understanding of the meaning and processes of measurement, including underlying concepts such as iterating (the mental activity of building up the length of an object with equal-sized units) and the transitivity principle for indirect measurement.

(4) Students compose and decompose plane or solid figures (e.g., put two triangles together to make a quadrilateral) and build understanding of part-whole relationships as well as the properties of the original and composite shapes. As they combine shapes, they recognize them from different perspectives and orientations, describe their geometric attributes, and determine how they are alike and different, to develop the background for measurement and for initial understandings of properties such as congruence and symmetry.

2a. Grade 1 Overview

Operations and Algebraic Thinking

Represent and solve problems involving addition and subtraction.

Understand and apply properties of operations and the relationship between addition and subtraction.

Add and subtract within 20.

Work with addition and subtraction equations.

Make sense of problems and persevere in solving them.

Reason abstractly and quantitatively.

Construct viable arguments and critique the reasoning of others.

Model with mathematics.

Use appropriate tools strategically.

Attend to precision.

Look for and make use of structure.

Look for and express regularity in repeated reasoning.

Mathematical Practices

Number and Operations in Base Ten

Extend the counting sequence.

Understand place value.

Use place value understanding and properties of operations to add and subtract.

Measurement and Data

Measure lengths indirectly and by iterating length units.

Tell and write time.

Represent and interpret data.

Geometry

Reason with shapes and their attributes.

2.1 Operations and Algebraic Thinking

2.1a Represent and solve problems involving addition and subtraction.

Use addition and subtraction within 20 to solve word problems involving situations of adding to, taking from, putting together, taking apart, and comparing, with unknowns in all positions, e.g., by using objects, drawings, and equations with a symbol for the unknown number to represent the problem.

Solve word problems that call for addition of three whole numbers whose sum is less than or equal to 20, e.g., by using objects, drawings, and equations with a symbol for the unknown number to represent the problem.

2.1b Understand and apply properties of operations and the relationship between addition and subtraction.

Apply properties of operations as strategies to add and subtract. Examples: If 8 + 3 = 11 is known, then 3 + 8 = 11 is also known. (Commutative property of addition.) To add 2 + 6 + 4, the second two numbers can be added to make a ten, so 2 + 6 + 4 = 2 + 10 = 12. (Associative property of addition.)

Understand subtraction as an unknown-addend problem. For example, subtract 10 – 8 by finding the number that makes 10 when added to 8.

2.1c Add and subtract within 20.

Relate counting to addition and subtraction (e.g., by counting on 2 to add 2).

Add and subtract within 20, demonstrating fluency for addition and subtraction within 10. Use mental strategies such as counting on; making ten (e.g., 8 + 6 = 8 + 2 + 4 = 10 + 4 = 14); decomposing a number leading to a ten (e.g., 13 – 4 = 13 – 3 – 1 = 10 – 1 = 9); using the relationship between addition and subtraction (e.g., knowing that 8 + 4 = 12, one knows 12 – 8 = 4); and creating equivalent but easier or known sums (e.g., adding 6 + 7 by creating the known equivalent 6 + 6 + 1 = 12 + 1 = 13).

2.1d Work with addition and subtraction equations.

Understand the meaning of the equal sign, and determine if equations involving addition and subtraction are true or false. For example, which of the following equations are true and which are false? 6 = 6, 7 = 8 – 1, 5 + 2 = 2 + 5, 4 + 1 = 5 + 2.

Determine the unknown whole number in an addition or subtraction equation relating three whole numbers. For example, determine the unknown number that makes the equation true in each of the equations 8 + ? = 11, 5 = ( – 3, 6 + 6 = (.

2.2 Number and Operations in Base Ten

2.2a Extend the counting sequence.

Count to 120, starting at any number less than 120. In this range, read and write numerals and represent a number of objects with a written numeral.

2.2b Understand place value.

Understand that the two digits of a two-digit number represent amounts of tens and ones. Understand the following as special cases:

10 can be thought of as a bundle of ten ones—called a “ten.”

The numbers from 11 to 19 are composed of a ten and one, two, three, four, five, six, seven, eight, or nine ones.

The numbers 10, 20, 30, 40, 50, 60, 70, 80, 90 refer to one, two, three, four, five, six, seven, eight, or nine tens (and 0 ones).

Compare two two-digit numbers based on meanings of the tens and ones digits, recording the results of comparisons with the symbols >, =, and <.

2.2c Use place value understanding and properties of operations to add and subtract.

Add within 100, including adding a two-digit number and a one-digit number, and adding a two-digit number and a multiple of 10, using concrete models or drawings and strategies based on place value, properties of operations, and/or the relationship between addition and subtraction; relate the strategy to a written method and explain the reasoning used. Understand that in adding two-digit numbers, one adds tens and tens, ones and ones; and sometimes it is necessary to compose a ten.

Given a two-digit number, mentally find 10 more or 10 less than the number, without having to count; explain the reasoning used.

Subtract multiples of 10 in the range 10–90 from multiples of 10 in the range 10–90 (positive or zero differences), using concrete models or drawings and strategies based on place value, properties of operations, and/or the relationship between addition and subtraction; relate the strategy to a written method and explain the reasoning used.

2.3 Measurement and Data

2.3a Measure lengths indirectly and by iterating length units.

Order three objects by length; compare the lengths of two objects indirectly by using a third object.

Express the length of an object as a whole number of length units, by laying multiple copies of a shorter object (the length unit) end to end; understand that the length measurement of an object is the number of same-size length units that span it with no gaps or overlaps. Limit to contexts where the object being measured is spanned by a whole number of length units with no gaps or overlaps.

2.3b Tell and write time.

Tell and write time in hours and half-hours using analog and digital clocks.

2.3c Represent and interpret data.

Organize, represent, and interpret data with up to three categories; ask and answer questions about the total number of data points, how many in each category, and how many more or less are in one category than in another.

2.4 Geometry

2.4a Reason with shapes and their attributes.

Distinguish between defining attributes (e.g., triangles are closed and three-sided) versus non-defining attributes (e.g., color, orientation, overall size); build and draw shapes that possess defining attributes.

Compose two-dimensional shapes (rectangles, squares, trapezoids, triangles, half-circles, and quarter-circles) or three-dimensional shapes (cubes, right rectangular prisms, right circular cones, and right circular cylinders) to create a composite shape, and compose new shapes from the composite shape.

Partition circles and rectangles into two and four equal shares, describe the shares using the words halves, fourths, and quarters, and use the phrases half of, fourth of, and quarter of. Describe the whole as two of, or four of the shares. Understand for these examples that decomposing into more equal shares creates smaller shares.

3. Mathematics | Grade 2

In Grade 2, instructional time should focus on four critical areas: (1) extending understanding of base-ten notation; (2) building fluency with addition and subtraction; (3) using standard units of measure; and (4) describing and analyzing shapes.

(1) Students extend their understanding of the base-ten system. This includes ideas of counting in fives, tens, and multiples of hundreds, tens, and ones, as well as number relationships involving these units, including comparing. Students understand multi-digit numbers (up to 1000) written in base-ten notation, recognizing that the digits in each place represent amounts of thousands, hundreds, tens, or ones (e.g., 853 is 8 hundreds + 5 tens + 3 ones).

(2) Students use their understanding of addition to develop fluency with addition and subtraction within 100. They solve problems within 1000 by applying their understanding of models for addition and subtraction, and they develop, discuss, and use efficient, accurate, and generalizable methods to compute sums and differences of whole numbers in base-ten notation, using their understanding of place value and the properties of operations. They select and accurately apply methods that are appropriate for the context and the numbers involved to mentally calculate sums and differences for numbers with only tens or only hundreds.

(3) Students recognize the need for standard units of measure (centimeter and inch) and they use rulers and other measurement tools with the understanding that linear measure involves an iteration of units. They recognize that the smaller the unit, the more iterations they need to cover a given length.

(4) Students describe and analyze shapes by examining their sides and angles. Students investigate, describe, and reason about decomposing and combining shapes to make other shapes. Through building, drawing, and analyzing two- and three-dimensional shapes, students develop a foundation for understanding area, volume, congruence, similarity, and symmetry in later grades.

3a. Grade 2 Overview

Operations and Algebraic Thinking

Represent and solve problems involving addition and subtraction.

Add and subtract within 20.

Work with equal groups of objects to gain foundations for multiplication.

Make sense of problems and persevere in solving them.

Reason abstractly and quantitatively.

Construct viable arguments and critique the reasoning of others.

Model with mathematics.

Use appropriate tools strategically.

Attend to precision.

Look for and make use of structure.

Look for and express regularity in repeated reasoning.

Mathematical Practices

Number and Operations in Base Ten

Understand place value.

Use place value understanding and properties of operations to add and subtract.

Measurement and Data

Measure and estimate lengths in standard units.

Relate addition and subtraction to length.

Work with time and money.

Represent and interpret data.

Geometry

Reason with shapes and their attributes.

3.1 Operations and Algebraic Thinking

3.1a Represent and solve problems involving addition and subtraction.

Use addition and subtraction within 100 to solve one- and two-step word problems involving situations of adding to, taking from, putting together, taking apart, and comparing, with unknowns in all positions, e.g., by using drawings and equations with a symbol for the unknown number to represent the problem.

3.1b Add and subtract within 20.

Fluently add and subtract within 20 using mental strategies. By end of Grade 2, know from memory all sums of two one-digit numbers.

3.1c Work with equal groups of objects to gain foundations for multiplication.

Determine whether a group of objects (up to 20) has an odd or even number of members, e.g., by pairing objects or counting them by 2s; write an equation to express an even number as a sum of two equal addends.

Use addition to find the total number of objects arranged in rectangular arrays with up to 5 rows and up to 5 columns; write an equation to express the total as a sum of equal addends.

3.2 Number and Operations in Base Ten

3.2a Understand place value.

Understand that the three digits of a three-digit number represent amounts of hundreds, tens, and ones; e.g., 706 equals 7 hundreds, 0 tens, and 6 ones. Understand the following as special cases:

100 can be thought of as a bundle of ten tens—called a “hundred.”

The numbers 100, 200, 300, 400, 500, 600, 700, 800, 900 refer to one, two, three, four, five, six, seven, eight, or nine hundreds (and 0 tens and 0 ones).

Count within 1000; skip-count by 5s, 10s, and 100s.

Read and write numbers to 1000 using base-ten numerals, number names, and expanded form.

Compare two three-digit numbers based on meanings of the hundreds, tens, and ones digits, using >, =, and < symbols to record the results of comparisons.

3.2b Use place value understanding and properties of operations to add and subtract.

Fluently add and subtract within 100 using strategies based on place value, properties of operations, and/or the relationship between addition and subtraction.

Add up to four two-digit numbers using strategies based on place value and properties of operations.

Add and subtract within 1000, using concrete models or drawings and strategies based on place value, properties of operations, and/or the relationship between addition and subtraction; relate the strategy to a written method. Understand that in adding or subtracting three-digit numbers, one adds or subtracts hundreds and hundreds, tens and tens, ones and ones; and sometimes it is necessary to compose or decompose tens or hundreds.

Mentally add 10 or 100 to a given number 100–900, and mentally subtract 10 or 100 from a given number 100–900.

Explain why addition and subtraction strategies work, using place value and the properties of operations.

3.3 Measurement and Data

3.3a Measure and estimate lengths in standard units.

Measure the length of an object by selecting and using appropriate tools such as rulers, yardsticks, meter sticks, and measuring tapes.

Measure the length of an object twice, using length units of different lengths for the two measurements; describe how the two measurements relate to the size of the unit chosen.

Estimate lengths using units of inches, feet, centimeters, and meters.

Measure to determine how much longer one object is than another, expressing the length difference in terms of a standard length unit.

3.3b Relate addition and subtraction to length.

Use addition and subtraction within 100 to solve word problems involving lengths that are given in the same units, e.g., by using drawings (such as drawings of rulers) and equations with a symbol for the unknown number to represent the problem.

Represent whole numbers as lengths from 0 on a number line diagram with equally spaced points corresponding to the numbers 0, 1, 2, …, and represent whole-number sums and differences within 100 on a number line diagram.

3.3c Work with time and money.

Tell and write time from analog and digital clocks to the nearest five minutes, using a.m. and p.m.

Solve word problems involving dollar bills, quarters, dimes, nickels, and pennies, using $ and ¢ symbols appropriately. Example: If you have 2 dimes and 3 pennies, how many cents do you have?

3.3d Represent and interpret data.

Generate measurement data by measuring lengths of several objects to the nearest whole unit, or by making repeated measurements of the same object. Show the measurements by making a line plot, where the horizontal scale is marked off in whole-number units.

Draw a picture graph and a bar graph (with single-unit scale) to represent a data set with up to four categories. Solve simple put-together, take-apart, and compare problems using information presented in a bar graph.

3.4 Geometry

3.4a Reason with shapes and their attributes.

Recognize and draw shapes having specified attributes, such as a given number of angles or a given number of equal faces. Identify triangles, quadrilaterals, pentagons, hexagons, and cubes.

Partition a rectangle into rows and columns of same-size squares and count to find the total number of them.

Partition circles and rectangles into two, three, or four equal shares, describe the shares using the words halves, thirds, half of, a third of, etc., and describe the whole as two halves, three thirds, four fourths. Recognize that equal shares of identical wholes need not have the same shape.

4. Mathematics |Grade 3

In Grade 3, instructional time should focus on four critical areas: (1) developing understanding of multiplication and division and strategies for multiplication and division within 100; (2) developing understanding of fractions, especially unit fractions (fractions with numerator 1); (3) developing understanding of the structure of rectangular arrays and of area; and (4) describing and analyzing two-dimensional shapes.

(1) Students develop an understanding of the meanings of multiplication and division of whole numbers through activities and problems involving equal-sized groups, arrays, and area models; multiplication is finding an unknown product, and division is finding an unknown factor in these situations. For equal-sized group situations, division can require finding the unknown number of groups or the unknown group size. Students use properties of operations to calculate products of whole numbers, using increasingly sophisticated strategies based on these properties to solve multiplication and division problems involving single-digit factors. By comparing a variety of solution strategies, students learn the relationship between multiplication and division.

(2) Students develop an understanding of fractions, beginning with unit fractions. Students view fractions in general as being built out of unit fractions, and they use fractions along with visual fraction models to represent parts of a whole. Students understand that the size of a fractional part is relative to the size of the whole. For example, 1/2 of the paint in a small bucket could be less paint than 1/3 of the paint in a larger bucket, but 1/3 of a ribbon is longer than 1/5 of the same ribbon because when the ribbon is divided into 3 equal parts, the parts are longer than when the ribbon is divided into 5 equal parts. Students are able to use fractions to represent numbers equal to, less than, and greater than one. They solve problems that involve comparing fractions by using visual fraction models and strategies based on noticing equal numerators or denominators.

(3) Students recognize area as an attribute of two-dimensional regions. They measure the area of a shape by finding the total number of same-size units of area required to cover the shape without gaps or overlaps, a square with sides of unit length being the standard unit for measuring area. Students understand that rectangular arrays can be decomposed into identical rows or into identical columns. By decomposing rectangles into rectangular arrays of squares, students connect area to multiplication, and justify using multiplication to determine the area of a rectangle.

(4) Students describe, analyze, and compare properties of two-dimensional shapes. They compare and classify shapes by their sides and angles, and connect these with definitions of shapes. Students also relate their fraction work to geometry by expressing the area of part of a shape as a unit fraction of the whole.

4a. Grade 3 Overview

Operations and Algebraic Thinking

Represent and solve problems involving multiplication and division.

Understand properties of multiplication and the relationship between multiplication and division.

Multiply and divide within 100.

Solve problems involving the four operations, and identify and explain patterns in arithmetic.

Make sense of problems and persevere in solving them.

Reason abstractly and quantitatively.

Construct viable arguments and critique the reasoning of others.

Model with mathematics.

Use appropriate tools strategically.

Attend to precision.

Look for and make use of structure.

Look for and express regularity in repeated reasoning.

Mathematical Practices

Number and Operations in Base Ten

Use place value understanding and properties of operations to perform multi-digit arithmetic.

Numbers and Operations - Fractions

Develop understanding of fractions as numbers.

Measurement and Data

Solve problems involving measurement and estimation of intervals of time, liquid volumes, and masses of objects.

Represent and interpret data.

Geometric measurement: understand concepts of area and relate area to multiplication and to addition.

Geometric measurement: recognize perimeter as an attribute of plane figures and distinguish between linear and area measures.

Geometry

Reason with shapes and their attributes.

4.1 Operations and Algebraic Thinking

4.1a Represent and solve problems involving multiplication and division.

Interpret products of whole numbers, e.g., interpret 5 ( 7 as the total number of objects in 5 groups of 7 objects each. For example, describe a context in which a total number of objects can be expressed as 5 ( 7.

Interpret whole-number quotients of whole numbers, e.g., interpret 56 ( 8 as the number of objects in each share when 56 objects are partitioned equally into 8 shares, or as a number of shares when 56 objects are partitioned into equal shares of 8 objects each. For example, describe a context in which a number of shares or a number of groups can be expressed as 56 ( 8.

Use multiplication and division within 100 to solve word problems in situations involving equal groups, arrays, and measurement quantities, e.g., by using drawings and equations with a symbol for the unknown number to represent the problem.

Determine the unknown whole number in a multiplication or division equation relating three whole numbers. For example, determine the unknown number that makes the equation true in each of the equations 8 ( ? = 48, 5 = ( ( 3, 6 ( 6 = ?.

4.1b Understand properties of multiplication and the relationship between multiplication and division.

Apply properties of operations as strategies to multiply and divide. Examples: If 6 ( 4 = 24 is known, then 4 ( 6 = 24 is also known. (Commutative property of multiplication.) 3 ( 5 ( 2 can be found by 3 ( 5 = 15, then 15 ( 2 = 30, or by 5 ( 2 = 10, then 3 ( 10 = 30. (Associative property of multiplication.) Knowing that 8 ( 5 = 40 and 8 ( 2 = 16, one can find 8 ( 7 as 8 ( (5 + 2) = (8 ( 5) + (8 ( 2) = 40 + 16 = 56. (Distributive property.)

Understand division as an unknown-factor problem. For example, find 32 ( 8 by finding the number that makes 32 when multiplied by 8.

4.1c Multiply and divide within 100.

1. Fluently multiply and divide within 100, using strategies such as the relationship between multiplication and division (e.g., knowing that 8 ( 5 = 40,

one knows 40 ( 5 = 8) or properties of operations. By the end of Grade 3, know from memory all products of two one-digit numbers.

4.1d Solve problems involving the four operations, and identify and explain patterns in arithmetic.

Solve two-step word problems using the four operations. Represent these problems using equations with a letter standing for the unknown quantity. Assess the reasonableness of answers using mental computation and estimation strategies including rounding.

Identify arithmetic patterns (including patterns in the addition table or multiplication table), and explain them using properties of operations. For example, observe that 4 times a number is always even, and explain why 4 times a number can be decomposed into two equal addends.

4.2 Number and Operations in Base Ten

4.2a Use place value understanding and properties of operations to perform multi-digit arithmetic.

Use place value understanding to round whole numbers to the nearest 10 or 100.

Fluently add and subtract within 1000 using strategies and algorithms based on place value, properties of operations, and/or the relationship between addition and subtraction.

Multiply one-digit whole numbers by multiples of 10 in the range 10–90 (e.g., 9 ( 80, 5 ( 60) using strategies based on place value and properties of operations.

4.3 Number and Operations—Fractions

4.3a Develop understanding of fractions as numbers.

Understand a fraction 1/b as the quantity formed by 1 part when a whole is partitioned into b equal parts; understand a fraction a/b as the quantity formed by a parts of size 1/b.

Understand a fraction as a number on the number line; represent fractions on a number line diagram.

Represent a fraction 1/ b on a number line diagram by defining the interval from 0 to 1 as the whole and partitioning it into b equal parts. Recognize that each part has size 1/b and that the endpoint of the part based at 0 locates the number 1/b on the number line.

Represent a fraction a/b on a number line diagram by marking off a lengths 1/b from 0. Recognize that the resulting interval has size a/b and that its endpoint locates the number a/b on the number line.

3. Explain equivalence of fractions in special cases, and compare fractions by reasoning about their size.

Understand two fractions as equivalent (equal) if they are the same size, or the same point on a number line.

Recognize and generate simple equivalent fractions, e.g., 1/2 = 2/4, 4/6 = 2/3. Explain why the fractions are equivalent, e.g., by using a visual fraction model.

Express whole numbers as fractions, and recognize fractions that are equivalent to whole numbers. Examples: Express 3 in the form 3 = 3/1; recognize that 6/1 = 6; locate 4/4 and 1 at the same point of a number line diagram.

Compare two fractions with the same numerator or the same denominator by reasoning about their size. Recognize that comparisons are valid only when the two fractions refer to the same whole. Record the results of comparisons with the symbols >, =, or <, and justify the conclusions, e.g., by using a visual fraction model.

4.4 Measurement and Data

4.4a Solve problems involving measurement and estimation of intervals of time, liquid volumes, and masses of objects.

Tell and write time to the nearest minute and measure time intervals in minutes. Solve word problems involving addition and subtraction of time intervals in minutes, e.g., by representing the problem on a number line diagram.

Measure and estimate liquid volumes and masses of objects using standard units of grams (g), kilograms (kg), and liters (l). Add, subtract, multiply, or divide to solve one-step word problems involving masses or volumes that are given in the same units, e.g., by using drawings (such as a beaker with a measurement scale) to represent the problem.

4.4b Represent and interpret data.

Draw a scaled picture graph and a scaled bar graph to represent a data set with several categories. Solve one- and two-step “how many more” and “how many less” problems using information presented in scaled bar graphs. For example, draw a bar graph in which each square in the bar graph might represent 5 pets.

Generate measurement data by measuring lengths using rulers marked with halves and fourths of an inch. Show the data by making a line plot, where the horizontal scale is marked off in appropriate units—whole numbers, halves, or quarters.

4.4c Geometric measurement: understand concepts of area and relate area to multiplication and to addition.

1. Recognize area as an attribute of plane figures and understand concepts of area measurement.

A square with side length 1 unit, called “a unit square,” is said to have “one square unit” of area, and can be used to measure area.

A plane figure which can be covered without gaps or overlaps by n unit squares is said to have an area of n square units.

2. Measure areas by counting unit squares (square cm, square m, square in, square ft, and improvised units).

3. Relate area to the operations of multiplication and addition.

Find the area of a rectangle with whole-number side lengths by tiling it, and show that the area is the same as would be found by multiplying the side lengths.

Multiply side lengths to find areas of rectangles with whole-number side lengths in the context of solving real world and mathematical problems, and represent whole-number products as rectangular areas in mathematical reasoning.

Use tiling to show in a concrete case that the area of a rectangle with whole-number side lengths a and b + c is the sum of a ( b and a ( c. Use area models to represent the distributive property in mathematical reasoning.

Recognize area as additive. Find areas of rectilinear figures by decomposing them into non-overlapping rectangles and adding the areas of the non-overlapping parts, applying this technique to solve real world problems.

4.4d Geometric measurement: recognize perimeter as an attribute of plane figures and distinguish between linear and area measures.

Solve real world and mathematical problems involving perimeters of polygons, including finding the perimeter given the side lengths, finding an unknown side length, and exhibiting rectangles with the same perimeter and different areas or with the same area and different perimeters.

4.5 Geometry

4.5a Reason with shapes and their attributes.

Understand that shapes in different categories (e.g., rhombuses, rectangles, and others) may share attributes (e.g., having four sides), and that the shared attributes can define a larger category (e.g., quadrilaterals). Recognize rhombuses, rectangles, and squares as examples of quadrilaterals, and draw examples of quadrilaterals that do not belong to any of these subcategories.

Partition shapes into parts with equal areas. Express the area of each part as a unit fraction of the whole. For example, partition a shape into 4 parts with equal area, and describe the area of each part as 1/4 of the area of the shape.

5. Mathematics | Grade 4

In Grade 4, instructional time should focus on three critical areas: (1) developing understanding and fluency with multi-digit multiplication, and developing understanding of dividing to find quotients involving multi-digit dividends; (2) developing an understanding of fraction equivalence, addition and subtraction of fractions with like denominators, and multiplication of fractions by whole numbers; (3) understanding that geometric figures can be analyzed and classified based on their properties, such as having parallel sides, perpendicular sides, particular angle measures, and symmetry.

(1) Students generalize their understanding of place value to 1,000,000, understanding the relative sizes of numbers in each place. They apply their understanding of models for multiplication (equal-sized groups, arrays, area models), place value, and properties of operations, in particular the distributive property, as they develop, discuss, and use efficient, accurate, and generalizable methods to compute products of multi-digit whole numbers. Depending on the numbers and the context, they select and accurately apply appropriate methods to estimate or mentally calculate products. They develop fluency with efficient procedures for multiplying whole numbers; understand and explain why the procedures work based on place value and properties of operations; and use them to solve problems. Students apply their understanding of models for division, place value, properties of operations, and the relationship of division to multiplication as they develop, discuss, and use efficient, accurate, and generalizable procedures to find quotients involving multi-digit dividends. They select and accurately apply appropriate methods to estimate and mentally calculate quotients, and interpret remainders based upon the context.

(2) Students develop understanding of fraction equivalence and operations with fractions. They recognize that two different fractions can be equal (e.g., 15/9 = 5/3), and they develop methods for generating and recognizing equivalent fractions. Students extend previous understandings about how fractions are built from unit fractions, composing fractions from unit fractions, decomposing fractions into unit fractions, and using the meaning of fractions and the meaning of multiplication to multiply a fraction by a whole number.

(3) Students describe, analyze, compare, and classify two-dimensional shapes. Through building, drawing, and analyzing two-dimensional shapes, students deepen their understanding of properties of two-dimensional objects and the use of them to solve problems involving symmetry.

5a. Grade 4 Overview

Operations and Algebraic Thinking

Use the four operations with whole numbers to solve problems.

Gain familiarity with factors and multiples.

Generate and analyze patterns.

Make sense of problems and persevere in solving them.

Reason abstractly and quantitatively.

Construct viable arguments and critique the reasoning of others.

Model with mathematics.

Use appropriate tools strategically.

Attend to precision.

Look for and make use of structure.

Look for and express regularity in repeated reasoning.

Mathematical Practices

Number and Operations in Base Ten

Generalize place value understanding for multi-digit whole numbers.

Use place value understanding and properties of operations to perform multi-digit arithmetic.

Numbers and Operations - Fractions

Extend understanding of fraction equivalence and ordering.

Build fractions from unit fractions by applying and extending previous understandings of operations on whole numbers.

Understand decimal notation for fractions, and compare decimal fractions.

Measurement and Data

Solve problems involving measurement and conversion of measurements from a larger unit to a smaller unit.

Represent and interpret data.

Geometric measurement: Understand concepts of angle and measure angles.

Geometry

Draw and identify lines and angles, and classify shapes by properties of their lines and angles.

5.1 Operations and Algebraic Thinking

5.1a Use the four operations with whole numbers to solve problems.

Interpret a multiplication equation as a comparison, e.g., interpret 35 = 5 ( 7 as a statement that 35 is 5 times as many as 7 and 7 times as many as 5. Represent verbal statements of multiplicative comparisons as multiplication equations.

Multiply or divide to solve word problems involving multiplicative comparison, e.g., by using drawings and equations with a symbol for the unknown number to represent the problem, distinguishing multiplicative comparison from additive comparison.

Solve multistep word problems posed with whole numbers and having whole-number answers using the four operations, including problems in which remainders must be interpreted. Represent these problems using equations with a letter standing for the unknown quantity. Assess the reasonableness of answers using mental computation and estimation strategies including rounding.

5.1b Gain familiarity with factors and multiples.

Find all factor pairs for a whole number in the range 1–100. Recognize that a whole number is a multiple of each of its factors. Determine whether a given whole number in the range 1–100 is a multiple of a given one-digit number. Determine whether a given whole number in the range 1–100 is prime or composite.

5.1c Generate and analyze patterns.

Generate a number or shape pattern that follows a given rule. Identify apparent features of the pattern that were not explicit in the rule itself. For example, given the rule “Add 3” and the starting number 1, generate terms in the resulting sequence and observe that the terms appear to alternate between odd and even numbers. Explain informally why the numbers will continue to alternate in this way.

5.2 Number and Operations in Base Ten

5.2a Generalize place value understanding for multi-digit whole numbers.

Recognize that in a multi-digit whole number, a digit in one place represents ten times what it represents in the place to its right. For example, recognize that 700 ( 70 = 10 by applying concepts of place value and division.

Read and write multi-digit whole numbers using base-ten numerals, number names, and expanded form. Compare two multi-digit numbers based on meanings of the digits in each place, using >, =, and < symbols to record the results of comparisons.

Use place value understanding to round multi-digit whole numbers to any place.

5.2b Use place value understanding and properties of operations to perform multi-digit arithmetic.

Fluently add and subtract multi-digit whole numbers using the standard algorithm.

Multiply a whole number of up to four digits by a one-digit whole number, and multiply two two-digit numbers, using strategies based on place value and the properties of operations. Illustrate and explain the calculation by using equations, rectangular arrays, and/or area models.

Find whole-number quotients and remainders with up to four-digit dividends and one-digit divisors, using strategies based on place value, the properties of operations, and/or the relationship between multiplication and division. Illustrate and explain the calculation by using equations, rectangular arrays, and/or area models.

5.3 Number and Operations—Fractions

5.3a Extend understanding of fraction equivalence and ordering.

Explain why a fraction a/b is equivalent to a fraction (n ( a)/(n ( b) by using visual fraction models, with attention to how the number and size of the parts differ even though the two fractions themselves are the same size. Use this principle to recognize and generate equivalent fractions.

Compare two fractions with different numerators and different denominators, e.g., by creating common denominators or numerators, or by comparing to a benchmark fraction such as 1/2. Recognize that comparisons are valid only when the two fractions refer to the same whole. Record the results of comparisons with symbols >, =, or <, and justify the conclusions, e.g., by using a visual fraction model.

5.3b Build fractions from unit fractions by applying and extending previous understandings of operations on whole numbers.

1. Understand a fraction a/b with a > 1 as a sum of fractions 1/b.

Understand addition and subtraction of fractions as joining and separating parts referring to the same whole.

Decompose a fraction into a sum of fractions with the same denominator in more than one way, recording each decomposition by an equation. Justify decompositions, e.g., by using a visual fraction model. Examples: 3/8 = 1/8 + 1/8 + 1/8 ; 3/8 = 1/8 + 2/8 ; 2 1/8 = 1 + 1 + 1/8 = 8/8 + 8/8 + 1/8.

Add and subtract mixed numbers with like denominators, e.g., by replacing each mixed number with an equivalent fraction, and/or by using properties of operations and the relationship between addition and subtraction.

Solve word problems involving addition and subtraction of fractions referring to the same whole and having like denominators, e.g., by using visual fraction models and equations to represent the problem.

2. Apply and extend previous understandings of multiplication to multiply a fraction by a whole number.

Understand a fraction a/b as a multiple of 1/b. For example, use a visual fraction model to represent 5/4 as the product 5 ( (1/4), recording the conclusion by the equation 5/4 = 5 ( (1/4).

Understand a multiple of a/b as a multiple of 1/b, and use this understanding to multiply a fraction by a whole number. For example, use a visual fraction model to express 3 ( (2/5) as 6 ( (1/5), recognizing this product as 6/5. (In general, n ( (a/b) = (n ( a)/b.).

Solve word problems involving multiplication of a fraction by a whole number, e.g., by using visual fraction models and equations to represent the problem. For example, if each person at a party will eat 3/8 of a pound of roast beef, and there will be 5 people at the party, how many pounds of roast beef will be needed? Between what two whole numbers does your answer lie?

5.3c Understand decimal notation for fractions, and compare decimal fractions.

Express a fraction with denominator 10 as an equivalent fraction with denominator 100, and use this technique to add two fractions with respective denominators 10 and 100. For example, express 3/10 as 30/100, and add 3/10 + 4/100 = 34/100.

Use decimal notation for fractions with denominators 10 or 100. For example, rewrite 0.62 as 62/100; describe a length as 0.62 meters; locate 0.62 on a number line diagram.

Compare two decimals to hundredths by reasoning about their size. Recognize that comparisons are valid only when the two decimals refer to the same whole. Record the results of comparisons with the symbols >, =, or <, and justify the conclusions, e.g., by using a visual model.

5.4 Measurement and Data

5.4a Solve problems involving measurement and conversion of measurements from a larger unit to a smaller unit.

Know relative sizes of measurement units within one system of units including km, m, cm; kg, g; lb, oz.; l, ml; hr, min, sec. Within a single system of measurement, express measurements in a larger unit in terms of a smaller unit. Record measurement equivalents in a two-column table. For example, know that 1 ft is 12 times as long as 1 in. Express the length of a 4 ft snake as 48 in. Generate a conversion table for feet and inches listing the number pairs (1, 12), (2, 24), (3, 36), …

Use the four operations to solve word problems involving distances, intervals of time, liquid volumes, masses of objects, and money, including problems involving simple fractions or decimals, and problems that require expressing measurements given in a larger unit in terms of a smaller unit. Represent measurement quantities using diagrams such as number line diagrams that feature a measurement scale.

Apply the area and perimeter formulas for rectangles in real world and mathematical problems. For example, find the width of a rectangular room given the area of the flooring and the length, by viewing the area formula as a multiplication equation with an unknown factor.

5.4b Represent and interpret data.

Make a line plot to display a data set of measurements in fractions of a unit (1/2, 1/4, 1/8). Solve problems involving addition and subtraction of fractions by using information presented in line plots. For example, from a line plot find and interpret the difference in length between the longest and shortest specimens in an insect collection.

5.4c Geometric measurement: understand concepts of angle and measure angles.

Recognize angles as geometric shapes that are formed wherever two rays share a common endpoint, and understand concepts of angle measurement:

An angle is measured with reference to a circle with its center at the common endpoint of the rays, by considering the fraction of the circular arc between the points where the two rays intersect the circle. An angle that turns through 1/360 of a circle is called a “one-degree angle,” and can be used to measure angles.

An angle that turns through n one-degree angles is said to have an angle measure of n degrees.

Measure angles in whole-number degrees using a protractor. Sketch angles of specified measure.

Recognize angle measure as additive. When an angle is decomposed into non-overlapping parts, the angle measure of the whole is the sum of the angle measures of the parts. Solve addition and subtraction problems to find unknown angles on a diagram in real world and mathematical problems, e.g., by using an equation with a symbol for the unknown angle measure.

5.5 Geometry

5.5a Draw and identify lines and angles, and classify shapes by properties of their lines and angles.

Draw points, lines, line segments, rays, angles (right, acute, obtuse), and perpendicular and parallel lines. Identify these in two-dimensional figures.

Classify two-dimensional figures based on the presence or absence of parallel or perpendicular lines, or the presence or absence of angles of a specified size. Recognize right triangles as a category, and identify right triangles.

Recognize a line of symmetry for a two-dimensional figure as a line across the figure such that the figure can be folded along the line into matching parts. Identify line-symmetric figures and draw lines of symmetry.

6. Mathematics | Grade 5

In Grade 5, instructional time should focus on three critical areas: (1) developing fluency with addition and subtraction of fractions, and developing understanding of the multiplication of fractions and of division of fractions in limited cases (unit fractions divided by whole numbers and whole numbers divided by unit fractions); (2) extending division to 2-digit divisors, integrating decimal fractions into the place value system and developing understanding of operations with decimals to hundredths, and developing fluency with whole number and decimal operations; and (3) developing understanding of volume.

(1) Students apply their understanding of fractions and fraction models to represent the addition and subtraction of fractions with unlike denominators as equivalent calculations with like denominators. They develop fluency in calculating sums and differences of fractions, and make reasonable estimates of them. Students also use the meaning of fractions, of multiplication and division, and the relationship between multiplication and division to understand and explain why the procedures for multiplying and dividing fractions make sense. (Note: this is limited to the case of dividing unit fractions by whole numbers and whole numbers by unit fractions.)

(2) Students develop understanding of why division procedures work based on the meaning of base-ten numerals and properties of operations. They finalize fluency with multi-digit addition, subtraction, multiplication, and division. They apply their understandings of models for decimals, decimal notation, and properties of operations to add and subtract decimals to hundredths. They develop fluency in these computations, and make reasonable estimates of their results. Students use the relationship between decimals and fractions, as well as the relationship between finite decimals and whole numbers (i.e., a finite decimal multiplied by an appropriate power of 10 is a whole number), to understand and explain why the procedures for multiplying and dividing finite decimals make sense. They compute products and quotients of decimals to hundredths efficiently and accurately.

(3) Students recognize volume as an attribute of three-dimensional space. They understand that volume can be measured by finding the total number of same-size units of volume required to fill the space without gaps or overlaps. They understand that a 1-unit by 1-unit by 1-unit cube is the standard unit for measuring volume. They select appropriate units, strategies, and tools for solving problems that involve estimating and measuring volume. They decompose three-dimensional shapes and find volumes of right rectangular prisms by viewing them as decomposed into layers of arrays of cubes. They measure necessary attributes of shapes in order to determine volumes to solve real world and mathematical problems.

6a. Grade 5 Overview

Operations and Algebraic Thinking

Write and interpret numerical expressions.

Analyze patterns and relationships.

Make sense of problems and persevere in solving them.

Reason abstractly and quantitatively.

Construct viable arguments and critique the reasoning of others.

Model with mathematics.

Use appropriate tools strategically.

Attend to precision.

Look for and make use of structure.

Look for and express regularity in repeated reasoning.

Mathematical Practices

Number and Operations in Base Ten

Understand the place value system.

Perform operations with multi-digit whole numbers and with decimals to hundredths.

Numbers and Operations - Fractions

Use equivalent fractions as a strategy to add and subtract fractions.

Apply and extend previous understandings of multiplication and division to multiply and divide fractions.

Measurement and Data

Convert like measurement units within a given measurement system.

Represent and interpret data.

Geometric measurement: Understand concepts of volume and relate volume to multiplication and to addition.

Geometry

Graph points on the coordinate plane to solve real world and mathematical problems.

Classify two-dimensional figures into categories based on their properties.

6.1 Operations and Algebraic Thinking

6.1a Write and interpret numerical expressions.

Use parentheses, brackets, or braces in numerical expressions, and evaluate expressions with these symbols.

Write simple expressions that record calculations with numbers, and interpret numerical expressions without evaluating them. For example, express the calculation “add 8 and 7, then multiply by 2” as 2 ( (8 + 7). Recognize that 3 ( (18932 + 921) is three times as large as 18932 + 921, without having to calculate the indicated sum or product.

6.1b Analyze patterns and relationships.

Generate two numerical patterns using two given rules. Identify apparent relationships between corresponding terms. Form ordered pairs consisting of corresponding terms from the two patterns, and graph the ordered pairs on a coordinate plane. For example, given the rule “Add 3” and the starting number 0, and given the rule “Add 6” and the starting number 0, generate terms in the resulting sequences, and observe that the terms in one sequence are twice the corresponding terms in the other sequence. Explain informally why this is so.

6.2 Number and Operations in Base Ten

6.2a Understand the place value system.

Recognize that in a multi-digit number, a digit in one place represents 10 times as much as it represents in the place to its right and 1/10 of what it represents in the place to its left.

Explain patterns in the number of zeros of the product when multiplying a number by powers of 10, and explain patterns in the placement of the decimal point when a decimal is multiplied or divided by a power of 10. Use whole-number exponents to denote powers of 10.

Read, write, and compare decimals to thousandths.

Read and write decimals to thousandths using base-ten numerals, number names, and expanded form, e.g., 347.392 = 3 ( 100 + 4 ( 10 + 7 ( 1 + 3 ( (1/10) + 9 ( (1/100) + 2 ( (1/1000).

Compare two decimals to thousandths based on meanings of the digits in each place, using >, =, and < symbols to record the results of comparisons.

4. Use place value understanding to round decimals to any place.

6.2b Perform operations with multi-digit whole numbers and with decimals to hundredths.

Fluently multiply multi-digit whole numbers using the standard algorithm.

Find whole-number quotients of whole numbers with up to four-digit dividends and two-digit divisors, using strategies based on place value, the properties of operations, and/or the relationship between multiplication and division. Illustrate and explain the calculation by using equations, rectangular arrays, and/or area models.

Add, subtract, multiply, and divide decimals to hundredths, using concrete models or drawings and strategies based on place value, properties of operations, and/or the relationship between addition and subtraction; relate the strategy to a written method and explain the reasoning used.

6.3 Number and Operations—Fractions

6.3a Use equivalent fractions as a strategy to add and subtract fractions.

Add and subtract fractions with unlike denominators (including mixed numbers) by replacing given fractions with equivalent fractions in such a way as to produce an equivalent sum or difference of fractions with like denominators. For example, 2/3 + 5/4 = 8/12 + 15/12 = 23/12. (In general, a/b + c/d = (ad + bc)/bd.)

Solve word problems involving addition and subtraction of fractions referring to the same whole, including cases of unlike denominators, e.g., by using visual fraction models or equations to represent the problem. Use benchmark fractions and number sense of fractions to estimate mentally and assess the reasonableness of answers. For example, recognize an incorrect result 2/5 + 1/2 = 3/7, by observing that 3/7 < 1/2.

6.3b Apply and extend previous understandings of multiplication and division to multiply and divide fractions.

Interpret a fraction as division of the numerator by the denominator (a/b = a ( b). Solve word problems involving division of whole numbers leading to answers in the form of fractions or mixed numbers, e.g., by using visual fraction models or equations to represent the problem. For example, interpret 3/4 as the result of dividing 3 by 4, noting that 3/4 multiplied by 4 equals 3, and that when 3 wholes are shared equally among 4 people each person has a share of size 3/4. If 9 people want to share a 50-pound sack of rice equally by weight, how many pounds of rice should each person get? Between what two whole numbers does your answer lie?

Apply and extend previous understandings of multiplication to multiply a fraction or whole number by a fraction.

Interpret the product (a/b) ( q as a parts of a partition of q into b equal parts; equivalently, as the result of a sequence of operations a ( q ÷ b. For example, use a visual fraction model to show (2/3) ( 4 = 8/3, and create a story context for this equation. Do the same with (2/3) ( (4/5) = 8/15. (In general, (a/b) ( (c/d) = ac/bd.).

Find the area of a rectangle with fractional side lengths by tiling it with unit squares of the appropriate unit fraction side lengths, and show that the area is the same as would be found by multiplying the side lengths. Multiply fractional side lengths to find areas of rectangles, and represent fraction products as rectangular areas.

3. Interpret multiplication as scaling (resizing), by:

Comparing the size of a product to the size of one factor on the basis of the size of the other factor, without performing the indicated multiplication.

Explaining why multiplying a given number by a fraction greater than 1 results in a product greater than the given number (recognizing multiplication by whole numbers greater than 1 as a familiar case); explaining why multiplying a given number by a fraction less than 1 results in a product smaller than the given number; and relating the principle of fraction equivalence a/b = (n(a)/(n(b) to the effect of multiplying a/b by 1.

Solve real world problems involving multiplication of fractions and mixed numbers, e.g., by using visual fraction models or equations to represent the

problem.

5. Apply and extend previous understandings of division to divide unit fractions by whole numbers and whole numbers by unit fractions.

Interpret division of a unit fraction by a non-zero whole number, and compute such quotients. For example, create a story context for (1/3) ÷ 4, and use a visual fraction model to show the quotient. Use the relationship between multiplication and division to explain that (1/3) ÷ 4 = 1/12 because (1/12) ( 4 = 1/3.

Interpret division of a whole number by a unit fraction, and compute such quotients. For example, create a story context for 4 ÷ (1/5), and use a visual fraction model to show the quotient. Use the relationship between multiplication and division to explain that 4 ÷ (1/5) = 20 because 20 ( (1/5) = 4.

Solve real world problems involving division of unit fractions by non-zero whole numbers and division of whole numbers by unit fractions, e.g., by using visual fraction models and equations to represent the problem. For example, how much chocolate will each person get if 3 people share 1/2 lb of chocolate equally? How many 1/3-cup servings are in 2 cups of raisins?

6.4 Measurement and Data

6.4a Convert like measurement units within a given measurement system.

Convert among different-sized standard measurement units within a given measurement system (e.g., convert 5 cm to 0.05 m), and use these conversions in solving multi-step, real world problems.

6.4b Represent and interpret data.

Make a line plot to display a data set of measurements in fractions of a unit (1/2, 1/4, 1/8). Use operations on fractions for this grade to solve problems involving information presented in line plots. For example, given different measurements of liquid in identical beakers, find the amount of liquid each beaker would contain if the total amount in all the beakers were redistributed equally.

6.4c Geometric measurement: understand concepts of volume and relate volume to multiplication and to addition.

1. Recognize volume as an attribute of solid figures and understand concepts of volume measurement.

A cube with side length 1 unit, called a “unit cube,” is said to have “one cubic unit” of volume, and can be used to measure volume.

A solid figure which can be packed without gaps or overlaps using n unit cubes is said to have a volume of n cubic units.

2. Measure volumes by counting unit cubes, using cubic cm, cubic in, cubic ft, and improvised units.

Relate volume to the operations of multiplication and addition and solve real world and mathematical problems involving volume.

Find the volume of a right rectangular prism with whole-number side lengths by packing it with unit cubes, and show that the volume is the same as would be found by multiplying the edge lengths, equivalently by multiplying the height by the area of the base. Represent threefold whole-number products as volumes, e.g., to represent the associative property of multiplication.

Apply the formulas V = l ( w ( h and V = b ( h for rectangular prisms to find volumes of right rectangular prisms with whole-number edge lengths in the context of solving real world and mathematical problems.

Recognize volume as additive. Find volumes of solid figures composed of two non-overlapping right rectangular prisms by adding the volumes of the non-overlapping parts, applying this technique to solve real world problems.

6.5 Geometry

6.5a Graph points on the coordinate plane to solve real-world and mathematical problems.

Use a pair of perpendicular number lines, called axes, to define a coordinate system, with the intersection of the lines (the origin) arranged to coincide with the 0 on each line and a given point in the plane located by using an ordered pair of numbers, called its coordinates. Understand that the first number indicates how far to travel from the origin in the direction of one axis, and the second number indicates how far to travel in the direction of the second axis, with the convention that the names of the two axes and the coordinates correspond (e.g., x-axis and x-coordinate, y-axis and y-coordinate).

Represent real world and mathematical problems by graphing points in the first quadrant of the coordinate plane, and interpret coordinate values of points in the context of the situation.

6.5b Classify two-dimensional figures into categories based on their properties.

Understand that attributes belonging to a category of two-dimensional figures also belong to all subcategories of that category. For example, all rectangles have four right angles and squares are rectangles, so all squares have four right angles.

Classify two-dimensional figures in a hierarchy based on properties.

7. Mathematics | Grade 6

In Grade 6, instructional time should focus on four critical areas: (1) connecting ratio and rate to whole number multiplication and division and using concepts of ratio and rate to solve problems; (2) completing understanding of division of fractions and extending the notion of number to the system of rational numbers, which includes negative numbers; (3) writing, interpreting, and using expressions and equations; and (4) developing understanding of statistical thinking.

(1) Students use reasoning about multiplication and division to solve ratio and rate problems about quantities. By viewing equivalent ratios and rates as deriving from, and extending, pairs of rows (or columns) in the multiplication table, and by analyzing simple drawings that indicate the relative size of quantities, students connect their understanding of multiplication and division with ratios and rates. Thus students expand the scope of problems for which they can use multiplication and division to solve problems, and they connect ratios and fractions. Students solve a wide variety of problems involving ratios and rates.

(2) Students use the meaning of fractions, the meanings of multiplication and division, and the relationship between multiplication and division to understand and explain why the procedures for dividing fractions make sense. Students use these operations to solve problems. Students extend their previous understandings of number and the ordering of numbers to the full system of rational numbers, which includes negative rational numbers, and in particular negative integers. They reason about the order and absolute value of rational numbers and about the location of points in all four quadrants of the coordinate plane.

(3) Students understand the use of variables in mathematical expressions. They write expressions and equations that correspond to given situations, evaluate expressions, and use expressions and formulas to solve problems. Students understand that expressions in different forms can be equivalent, and they use the properties of operations to rewrite expressions in equivalent forms. Students know that the solutions of an equation are the values of the variables that make the equation true. Students use properties of operations and the idea of maintaining the equality of both sides of an equation to solve simple one-step equations. Students construct and analyze tables, such as tables of quantities that are in equivalent ratios, and they use equations (such as 3x = y) to describe relationships between quantities.

(4) Building on and reinforcing their understanding of number, students begin to develop their ability to think statistically. Students recognize that a data distribution may not have a definite center and that different ways to measure center yield different values. The median measures center in the sense that it is roughly the middle value. The mean measures center in the sense that it is the value that each data point would take on if the total of the data values were redistributed equally, and also in the sense that it is a balance point. Students recognize that a measure of variability (interquartile range or mean absolute deviation) can also be useful for summarizing data because two very different sets of data can have the same mean and median yet be distinguished by their variability. Students learn to describe and summarize numerical data sets, identifying clusters, peaks, gaps, and symmetry, considering the context in which the data were collected.

Students in Grade 6 also build on their work with area in elementary school by reasoning about relationships among shapes to determine area, surface area, and volume. They find areas of right triangles, other triangles, and special quadrilaterals by decomposing these shapes, rearranging or removing pieces, and relating the shapes to rectangles. Using these methods, students discuss, develop, and justify formulas for areas of triangles and parallelograms. Students find areas of polygons and surface areas of prisms and pyramids by decomposing them into pieces whose area they can determine. They reason about right rectangular prisms with fractional side lengths to extend formulas for the volume of a right rectangular prism to fractional side lengths. They prepare for work on scale drawings and constructions in Grade 7 by drawing polygons in the coordinate plane.

7a. Grade 6 Overview

Ratios and Proportional Relationships

Understand ratio concepts and use ratio reasoning to solve problems.

Make sense of problems and persevere in solving them.

Reason abstractly and quantitatively.

Construct viable arguments and critique the reasoning of others.

Model with mathematics.

Use appropriate tools strategically.

Attend to precision.

Look for and make use of structure.

Look for and express regularity in repeated reasoning.

Mathematical Practices

The Number System

Apply and extend previous understandings of multiplication and division to divide fractions by fractions.

Compute fluently with multi-digit numbers and find common factors and multiples.

Apply and extend previous understandings of numbers to the system of rational numbers.

Expressions and Equations

Apply and extend previous understandings of arithmetic to algebraic expressions.

Reason about and solve one-variable equations and inequalities.

Represent and analyze quantitative relationships between dependent and independent variables.

Geometry

Solve real-world and mathematical problems involving area, surface area, and volume.

Statistics and Probability

Develop understanding of statistical variability.

Summarize and describe distributions.

7.1 Ratios and Proportional Relationships

7.1a Understand ratio concepts and use ratio reasoning to solve problems.

Understand the concept of a ratio and use ratio language to describe a ratio relationship between two quantities. For example, “The ratio of wings to beaks in the bird house at the zoo was 2:1, because for every 2 wings there was 1 beak.” “For every vote candidate A received, candidate C received nearly three votes.”

Understand the concept of a unit rate a/b associated with a ratio a:b with b ( 0, and use rate language in the context of a ratio relationship. For example, “This recipe has a ratio of 3 cups of flour to 4 cups of sugar, so there is 3/4 cup of flour for each cup of sugar.” “We paid $75 for 15 hamburgers, which is a rate of $5 per hamburger.”

Use ratio and rate reasoning to solve real-world and mathematical problems, e.g., by reasoning about tables of equivalent ratios, tape diagrams,

double number line diagrams, or equations.

Make tables of equivalent ratios relating quantities with whole-number measurements, find missing values in the tables, and plot the pairs of values on the coordinate plane. Use tables to compare ratios.

Solve unit rate problems including those involving unit pricing and constant speed. For example, if it took 7 hours to mow 4 lawns, then at that rate, how many lawns could be mowed in 35 hours? At what rate were lawns being mowed?

Find a percent of a quantity as a rate per 100 (e.g., 30% of a quantity means 30/100 times the quantity); solve problems involving finding the whole, given a part and the percent.

Use ratio reasoning to convert measurement units; manipulate and transform units appropriately when multiplying or dividing quantities.

7.2 The Number System

7.2a Apply and extend previous understandings of multiplication and division to divide fractions by fractions.

Interpret and compute quotients of fractions, and solve word problems involving division of fractions by fractions, e.g., by using visual fraction models and equations to represent the problem. For example, create a story context for (2/3) ÷ (3/4) and use a visual fraction model to show the quotient; use the relationship between multiplication and division to explain that (2/3) ÷ (3/4) = 8/9 because 3/4 of 8/9 is 2/3. (In general, (a/b) ÷ (c/d) = ad/bc.) How much chocolate will each person get if 3 people share 1/2 lb of chocolate equally? How many 3/4-cup servings are in 2/3 of a cup of yogurt? How wide is a rectangular strip of land with length 3/4 mi and area 1/2 square mi?

7.2b Compute fluently with multi-digit numbers and find common factors and multiples.

Fluently divide multi-digit numbers using the standard algorithm.

Fluently add, subtract, multiply, and divide multi-digit decimals using the standard algorithm for each operation.

Find the greatest common factor of two whole numbers less than or equal to 100 and the least common multiple of two whole numbers less than or equal to 12. Use the distributive property to express a sum of two whole numbers 1–100 with a common factor as a multiple of a sum of two whole numbers with no common factor. For example, express 36 + 8 as 4 (9 + 2).

7.2c Apply and extend previous understandings of numbers to the system of rational numbers.

Understand that positive and negative numbers are used together to describe quantities having opposite directions or values (e.g., temperature above/below zero, elevation above/below sea level, credits/debits, positive/negative electric charge); use positive and negative numbers to represent quantities in real-world contexts, explaining the meaning of 0 in each situation.

Understand a rational number as a point on the number line. Extend number line diagrams and coordinate axes familiar from previous grades to

represent points on the line and in the plane with negative number coordinates.

Recognize opposite signs of numbers as indicating locations on opposite sides of 0 on the number line; recognize that the opposite of the opposite of a number is the number itself, e.g., –(–3) = 3, and that 0 is its own opposite.

Understand signs of numbers in ordered pairs as indicating locations in quadrants of the coordinate plane; recognize that when two ordered pairs differ only by signs, the locations of the points are related by reflections across one or both axes.

Find and position integers and other rational numbers on a horizontal or vertical number line diagram; find and position pairs of integers and other rational numbers on a coordinate plane.

3. Understand ordering and absolute value of rational numbers.

Interpret statements of inequality as statements about the relative position of two numbers on a number line diagram. For example, interpret –3 > –7 as a statement that –3 is located to the right of –7 on a number line oriented from left to right.

Write, interpret, and explain statements of order for rational numbers in real-world contexts. For example, write –3 oC > –7 oC to express the fact that –3 oC is warmer than –7 oC.

Understand the absolute value of a rational number as its distance from 0 on the number line; interpret absolute value as magnitude for a positive or negative quantity in a real-world situation. For example, for an account balance of –30 dollars, write |–30| = 30 to describe the size of the debt in dollars.

Distinguish comparisons of absolute value from statements about order. For example, recognize that an account balance less than –30 dollars represents a debt greater than 30 dollars.

4. Solve real-world and mathematical problems by graphing points in all four quadrants of the coordinate plane. Include use of coordinates and absolute

value to find distances between points with the same first coordinate or the same second coordinate.

7.3 Expressions and Equations

7.3a Apply and extend previous understandings of arithmetic to algebraic expressions.

1. Write and evaluate numerical expressions involving whole-number exponents.

2. Write, read, and evaluate expressions in which letters stand for numbers.

Write expressions that record operations with numbers and with letters standing for numbers. For example, express the calculation “Subtract y from 5” as 5 – y.

Identify parts of an expression using mathematical terms (sum, term, product, factor, quotient, coefficient); view one or more parts of an expression as a single entity. For example, describe the expression 2 (8 + 7) as a product of two factors; view (8 + 7) as both a single entity and a sum of two terms.

Evaluate expressions at specific values of their variables. Include expressions that arise from formulas used in real-world problems. Perform arithmetic operations, including those involving whole-number exponents, in the conventional order when there are no parentheses to specify a particular order (Order of Operations). For example, use the formulas V = s3 and A = 6 s2 to find the volume and surface area of a cube with sides of length s = 1/2.

3. Apply the properties of operations to generate equivalent expressions. For example, apply the distributive property to the expression 3 (2 + x) to produce the equivalent expression 6 + 3x; apply the distributive property to the expression 24x + 18y to produce the equivalent expression 6 (4x + 3y); apply properties of operations to y + y + y to produce the equivalent expression 3y.

4. Identify when two expressions are equivalent (i.e., when the two expressions name the same number regardless of which value is substituted into them). For example, the expressions y + y + y and 3y are equivalent because they name the same number regardless of which number y stands for.

7.3b Reason about and solve one-variable equations and inequalities.

Understand solving an equation or inequality as a process of answering a question: which values from a specified set, if any, make the equation or inequality true? Use substitution to determine whether a given number in a specified set makes an equation or inequality true.

Use variables to represent numbers and write expressions when solving a real-world or mathematical problem; understand that a variable can represent an unknown number, or, depending on the purpose at hand, any number in a specified set.

Solve real-world and mathematical problems by writing and solving equations of the form x + p = q and px = q for cases in which p, q and x are all nonnegative rational numbers.

Write an inequality of the form x > c or x < c to represent a constraint or condition in a real-world or mathematical problem. Recognize that inequalities of the form x > c or x < c have infinitely many solutions; represent solutions of such inequalities on number line diagrams.

7.3c Represent and analyze quantitative relationships between dependent and independent variables.

Use variables to represent two quantities in a real-world problem that change in relationship to one another; write an equation to express one quantity, thought of as the dependent variable, in terms of the other quantity, thought of as the independent variable. Analyze the relationship between the dependent and independent variables using graphs and tables, and relate these to the equation. For example, in a problem involving motion at constant speed, list and graph ordered pairs of distances and times, and write the equation d = 65t to represent the relationship between distance and time.

7.4 Geometry

7.4a Solve real-world and mathematical problems involving area, surface area, and volume.

Find the area of right triangles, other triangles, special quadrilaterals, and polygons by composing into rectangles or decomposing into triangles and other shapes; apply these techniques in the context of solving real-world and mathematical problems.

Find the volume of a right rectangular prism with fractional edge lengths by packing it with unit cubes of the appropriate unit fraction edge lengths, and show that the volume is the same as would be found by multiplying the edge lengths of the prism. Apply the formulas V = l w h and V = b h to find volumes of right rectangular prisms with fractional edge lengths in the context of solving real-world and mathematical problems.

Draw polygons in the coordinate plane given coordinates for the vertices; use coordinates to find the length of a side joining points with the same first coordinate or the same second coordinate. Apply these techniques in the context of solving real-world and mathematical problems.

Represent three-dimensional figures using nets made up of rectangles and triangles, and use the nets to find the surface area of these figures. Apply these techniques in the context of solving real-world and mathematical problems.

7.5 Statistics and Probability

7.5a Develop understanding of statistical variability.

Recognize a statistical question as one that anticipates variability in the data related to the question and accounts for it in the answers. For example, “How old am I?” is not a statistical question, but “How old are the students in my school?” is a statistical question because one anticipates variability in students’ ages.

Understand that a set of data collected to answer a statistical question has a distribution which can be described by its center, spread, and overall shape.

Recognize that a measure of center for a numerical data set summarizes all of its values with a single number, while a measure of variation describes how its values vary with a single number.

7.5b Summarize and describe distributions.

1. Display numerical data in plots on a number line, including dot plots, histograms, and box plots.

2. Summarize numerical data sets in relation to their context, such as by:

Reporting the number of observations.

Describing the nature of the attribute under investigation, including how it was measured and its units of measurement.

Giving quantitative measures of center (median and/or mean) and variability (interquartile range and/or mean absolute deviation), as well as describing any overall pattern and any striking deviations from the overall pattern with reference to the context in which the data were gathered.

Relating the choice of measures of center and variability to the shape of the data distribution and the context in which the data were gathered.

8. Mathematics | Grade 7

In Grade 7, instructional time should focus on four critical areas: (1) developing understanding of and applying proportional relationships; (2) developing understanding of operations with rational numbers and working with expressions and linear equations; (3) solving problems involving scale drawings and informal geometric constructions, and working with two- and three-dimensional shapes to solve problems involving area, surface area, and volume; and (4) drawing inferences about populations based on samples.

(1) Students extend their understanding of ratios and develop understanding of proportionality to solve single- and multi-step problems. Students use their understanding of ratios and proportionality to solve a wide variety of percent problems, including those involving discounts, interest, taxes, tips, and percent increase or decrease. Students solve problems about scale drawings by relating corresponding lengths between the objects or by using the fact that relationships of lengths within an object are preserved in similar objects. Students graph proportional relationships and understand the unit rate informally as a measure of the steepness of the related line, called the slope. They distinguish proportional relationships from other relationships.

(2) Students develop a unified understanding of number, recognizing fractions, decimals (that have a finite or a repeating decimal representation), and percents as different representations of rational numbers. Students extend addition, subtraction, multiplication, and division to all rational numbers, maintaining the properties of operations and the relationships between addition and subtraction, and multiplication and division. By applying these properties, and by viewing negative numbers in terms of everyday contexts (e.g., amounts owed or temperatures below zero), students explain and interpret the rules for adding, subtracting, multiplying, and dividing with negative numbers. They use the arithmetic of rational numbers as they formulate expressions and equations in one variable and use these equations to solve problems.

(3) Students continue their work with area from Grade 6, solving problems involving the area and circumference of a circle and surface area of three-dimensional objects. In preparation for work on congruence and similarity in Grade 8 they reason about relationships among two-dimensional figures using scale drawings and informal geometric constructions, and they gain familiarity with the relationships between angles formed by intersecting lines. Students work with three-dimensional figures, relating them to two-dimensional figures by examining cross-sections. They solve real-world and mathematical problems involving area, surface area, and volume of two- and three-dimensional objects composed of triangles, quadrilaterals, polygons, cubes and right prisms.

(4) Students build on their previous work with single data distributions to compare two data distributions and address questions about differences between populations. They begin informal work with random sampling to generate data sets and learn about the importance of representative samples for drawing inferences.

8a. Grade 7 Overview

Ratios and Proportional Relationships

Analyze proportional relationships and use them to solve real-world and mathematical problems.

Make sense of problems and persevere in solving them.

Reason abstractly and quantitatively.

Construct viable arguments and critique the reasoning of others.

Model with mathematics.

Use appropriate tools strategically.

Attend to precision.

Look for and make use of structure.

Look for and express regularity in repeated reasoning.

Mathematical Practices

The Number System

Apply and extend previous understandings of operations with fractions to add, subtract, multiply, and divide rational numbers.

Expressions and Equations

Use properties of operations to generate equivalent expressions.

Solve real-life and mathematical problems using numerical and algebraic expressions and equations.

Geometry

Draw, construct and describe geometrical figures and describe the relationships between them.

Solve real-life and mathematical problems involving angle measure, area, surface area, and volume.

Statistics and Probability

Use random sampling to draw inferences about a population.

Draw informal comparative inferences about two populations.

Investigate chance processes and develop, use, and evaluate probability models.

8.1 Ratios and Proportional Relationships

8.1a Analyze proportional relationships and use them to solve real-world and mathematical problems.

1. Compute unit rates associated with ratios of fractions, including ratios of lengths, areas and other quantities measured in like or different units. For example, if a person walks ½ mile in each ¼ hour, compute the unit rate as the complex fraction ½/¼ miles per hour, equivalently 2 miles per hour.

2. Recognize and represent proportional relationships between quantities.

Decide whether two quantities are in a proportional relationship, e.g., by testing for equivalent ratios in a table or graphing on a coordinate plane and observing whether the graph is a straight line through the origin.

Identify the constant of proportionality (unit rate) in tables, graphs, equations, diagrams, and verbal descriptions of proportional relationships.

Represent proportional relationships by equations. For example, if total cost t is proportional to the number n of items purchased at a constant price p, the relationship between the total cost and the number of items can be expressed as t = pn.

Explain what a point (x, y) on the graph of a proportional relationship means in terms of the situation, with special attention to the points (0, 0) and (1, r) where r is the unit rate.

3. Use proportional relationships to solve multistep ratio and percent problems. Examples: simple interest, tax, markups and markdowns, gratuities and commissions, fees, percent increase and decrease, percent error.

8.2 The Number System

8.2a Apply and extend previous understandings of operations with fractions to add, subtract, multiply, and divide rational numbers.

1. Apply and extend previous understandings of addition and subtraction to add and subtract rational numbers; represent addition and subtraction on a horizontal or vertical number line diagram.

Describe situations in which opposite quantities combine to make 0. For example, a hydrogen atom has 0 charge because its two constituents are oppositely charged.

Understand p + q as the number located a distance |q| from p, in the positive or negative direction depending on whether q is positive or negative. Show that a number and its opposite have a sum of 0 (are additive inverses). Interpret sums of rational numbers by describing real-world contexts.

Understand subtraction of rational numbers as adding the additive inverse, p – q = p + (–q). Show that the distance between two rational numbers on the number line is the absolute value of their difference, and apply this principle in real-world contexts.

Apply properties of operations as strategies to add and subtract rational numbers.

2. Apply and extend previous understandings of multiplication and division and of fractions to multiply and divide rational numbers.

Understand that multiplication is extended from fractions to rational numbers by requiring that operations continue to satisfy the properties of operations, particularly the distributive property, leading to products such as (–1)(–1) = 1 and the rules for multiplying signed numbers. Interpret products of rational numbers by describing real-world contexts.

Understand that integers can be divided, provided that the divisor is not zero, and every quotient of integers (with non-zero divisor) is a rational number. If p and q are integers, then –(p/q) = (–p)/q = p/(–q). Interpret quotients of rational numbers by describing real-world contexts.

Apply properties of operations as strategies to multiply and divide rational numbers.

Convert a rational number to a decimal using long division; know that the decimal form of a rational number terminates in 0s or eventually repeats.

3. Solve real-world and mathematical problems involving the four operations with rational numbers.

8.3 Expressions and Equations

8.3a Use properties of operations to generate equivalent expressions.

1. Apply properties of operations as strategies to add, subtract, factor, and expand linear expressions with rational coefficients.

2. Understand that rewriting an expression in different forms in a problem context can shed light on the problem and how the quantities in it are related. For example, a + 0.05a = 1.05a means that “increase by 5%” is the same as “multiply by 1.05.”

8.3b Solve real-life and mathematical problems using numerical and algebraic expressions and equations.

1. Solve multi-step real-life and mathematical problems posed with positive and negative rational numbers in any form (whole numbers, fractions, and decimals), using tools strategically. Apply properties of operations to calculate with numbers in any form; convert between forms as appropriate; and assess the reasonableness of answers using mental computation and estimation strategies. For example: If a woman making $25 an hour gets a 10% raise, she will make an additional 1/10 of her salary an hour, or $2.50, for a new salary of $27.50. If you want to place a towel bar 9 3/4 inches long in the center of a door that is 27 1/2 inches wide, you will need to place the bar about 9 inches from each edge; this estimate can be used as a check on the exact computation.

2. Use variables to represent quantities in a real-world or mathematical problem, and construct simple equations and inequalities to solve problems by reasoning about the quantities.

Solve word problems leading to equations of the form px + q = r and p(x + q) = r, where p, q, and r are specific rational numbers. Solve equations of these forms fluently. Compare an algebraic solution to an arithmetic solution, identifying the sequence of the operations used in each approach. For example, the perimeter of a rectangle is 54 cm. Its length is 6 cm. What is its width?

Solve word problems leading to inequalities of the form px + q > r or px + q < r, where p, q, and r are specific rational numbers. Graph the solution set of the inequality and interpret it in the context of the problem. For example: As a salesperson, you are paid $50 per week plus $3 per sale. This week you want your pay to be at least $100. Write an inequality for the number of sales you need to make, and describe the solutions.

8.4 Geometry

8.4a Draw, construct, and describe geometrical figures and describe the relationships between them.

Solve problems involving scale drawings of geometric figures, such as computing actual lengths and areas from a scale drawing and reproducing a scale drawing at a different scale.

Draw (freehand, with ruler and protractor, and with technology) geometric shapes with given conditions. Focus on constructing triangles from three measures of angles or sides, noticing when the conditions determine a unique triangle, more than one triangle, or no triangle.

Describe the two-dimensional figures that result from slicing three-dimensional figures, as in plane sections of right rectangular prisms and right rectangular pyramids.

8.4b Solve real-life and mathematical problems involving angle measure, area, surface area, and volume.

Know the formulas for the area and circumference of a circle and solve problems; give an informal derivation of the relationship between the circumference and area of a circle.

Use facts about supplementary, complementary, vertical, and adjacent angles in a multi-step problem to write and use them to solve simple equations for an unknown angle in a figure.

Solve real-world and mathematical problems involving area, volume and surface area of two- and three-dimensional objects composed of triangles, quadrilaterals, polygons, cubes, and right prisms.

8.5 Statistics and Probability

8.5a Use random sampling to draw inferences about a population.

Understand that statistics can be used to gain information about a population by examining a sample of the population; generalizations about a population from a sample are valid only if the sample is representative of that population. Understand that random sampling tends to produce representative samples and support valid inferences.

Use data from a random sample to draw inferences about a population with an unknown characteristic of interest. Generate multiple samples (or simulated samples) of the same size to gauge the variation in estimates or predictions. For example, estimate the mean word length in a book by randomly sampling words from the book; predict the winner of a school election based on randomly sampled survey data. Gauge how far off the estimate or prediction might be.

8.5b Draw informal comparative inferences about two populations.

Informally assess the degree of visual overlap of two numerical data distributions with similar variabilities, measuring the difference between the centers by expressing it as a multiple of a measure of variability. For example, the mean height of players on the basketball team is 10 cm greater than the mean height of players on the soccer team, about twice the variability (mean absolute deviation) on either team; on a dot plot, the separation between the two distributions of heights is noticeable.

Use measures of center and measures of variability for numerical data from random samples to draw informal comparative inferences about two populations. For example, decide whether the words in a chapter of a seventh-grade science book are generally longer than the words in a chapter of a fourth-grade science book.

8.5c Investigate chance processes and develop, use, and evaluate probability models.

1. Understand that the probability of a chance event is a number between 0 and 1 that expresses the likelihood of the event occurring. Larger numbers indicate greater likelihood. A probability near 0 indicates an unlikely event, a probability around ½ indicates an event that is neither unlikely nor likely, and a probability near 1 indicates a likely event.

2. Approximate the probability of a chance event by collecting data on the chance process that produces it and observing its long-run relative frequency, and predict the approximate relative frequency given the probability. For example, when rolling a number cube 600 times, predict that a 3 or 6 would be rolled roughly 200 times, but probably not exactly 200 times.

3. Develop a probability model and use it to find probabilities of events. Compare probabilities from a model to observed frequencies; if the agreement is not good, explain possible sources of the discrepancy.

Develop a uniform probability model by assigning equal probability to all outcomes, and use the model to determine probabilities of events. For example, if a student is selected at random from a class, find the probability that Jane will be selected and the probability that a girl will be selected.

Develop a probability model (which may not be uniform) by observing frequencies in data generated from a chance process. For example, find the approximate probability that a spinning penny will land heads up or that a tossed paper cup will land open-end down. Do the outcomes for the spinning penny appear to be equally likely based on the observed frequencies?

4. Find probabilities of compound events using organized lists, tables, tree diagrams, and simulation.

Understand that, just as with simple events, the probability of a compound event is the fraction of outcomes in the sample space for which the compound event occurs.

Represent sample spaces for compound events using methods such as organized lists, tables and tree diagrams. For an event described in everyday language (e.g., “rolling double sixes”), identify the outcomes in the sample space which compose the event.

Design and use a simulation to generate frequencies for compound events. For example, use random digits as a simulation tool to approximate the answer to the question: If 40% of donors have type A blood, what is the probability that it will take at least 4 donors to find one with type A blood?

9. Mathematics | Grade 8

In Grade 8, instructional time should focus on three critical areas: (1) formulating and reasoning about expressions and equations, including modeling an association in bivariate data with a linear equation, and solving linear equations and systems of linear equations; (2) grasping the concept of a function and using functions to describe quantitative relationships; (3) analyzing two- and three-dimensional space and figures using distance, angle, similarity, and congruence, and understanding and applying the Pythagorean Theorem.

(1) Students use linear equations and systems of linear equations to represent, analyze, and solve a variety of problems. Students recognize equations for proportions (y/x = m or y = mx) as special linear equations (y = mx + b), understanding that the constant of proportionality (m) is the slope, and the graphs are lines through the origin. They understand that the slope (m) of a line is a constant rate of change, so that if the input or x-coordinate changes by an amount A, the output or y-coordinate changes by the amount m(A. Students also use a linear equation to describe the association between two quantities in bivariate data (such as arm span vs. height for students in a classroom). At this grade, fitting the model, and assessing its fit to the data are done informally. Interpreting the model in the context of the data requires students to express a relationship between the two quantities in question and to interpret components of the relationship (such as slope and y-intercept) in terms of the situation.

Students strategically choose and efficiently implement procedures to solve linear equations in one variable, understanding that when they use the properties of equality and the concept of logical equivalence, they maintain the solutions of the original equation. Students solve systems of two linear equations in two variables and relate the systems to pairs of lines in the plane; these intersect, are parallel, or are the same line. Students use linear equations, systems of linear equations, linear functions, and their understanding of slope of a line to analyze situations and solve problems.

(2) Students grasp the concept of a function as a rule that assigns to each input exactly one output. They understand that functions describe situations where one quantity determines another. They can translate among representations and partial representations of functions (noting that tabular and graphical representations may be partial representations), and they describe how aspects of the function are reflected in the different representations.

(3) Students use ideas about distance and angles, how they behave under translations, rotations, reflections, and dilations, and ideas about congruence and similarity to describe and analyze two-dimensional figures and to solve problems. Students show that the sum of the angles in a triangle is the angle formed by a straight line, and that various configurations of lines give rise to similar triangles because of the angles created when a transversal cuts parallel lines. Students understand the statement of the Pythagorean Theorem and its converse, and can explain why the Pythagorean Theorem holds, for example, by decomposing a square in two different ways. They apply the Pythagorean Theorem to find distances between points on the coordinate plane, to find lengths, and to analyze polygons. Students complete their work on volume by solving problems involving cones, cylinders, and spheres.

9a. Grade 8 Overview

The Number System

Know that there are numbers that are not rational, and approximate them by rational numbers.

Make sense of problems and persevere in solving them.

Reason abstractly and quantitatively.

Construct viable arguments and critique the reasoning of others.

Model with mathematics.

Use appropriate tools strategically.

Attend to precision.

Look for and make use of structure.

Look for and express regularity in repeated reasoning.

Mathematical Practices

Expressions and Equations

Work with radicals and integer exponents.

Understand the connections between proportional relationships, lines, and linear equations.

Analyze and solve linear equations and pairs of simultaneous linear equations.

Functions

Define, evaluate, and compare functions.

Use functions to model relationships between quantities.

Geometry

Understand congruence and similarity using physical models, transparencies, or geometry software.

Understand and apply the Pythagorean Theorem.

Solve real-world and mathematical problems involving volume of cylinders, cones and spheres.

Statistics and Probability

Investigate patterns of association in bivariate data.

9.1 The Number System

9.1a Know that there are numbers that are not rational, and approximate them by rational numbers.

Know that numbers that are not rational are called irrational. Understand informally that every number has a decimal expansion; for rational numbers show that the decimal expansion repeats eventually, and convert a decimal expansion which repeats eventually into a rational number.

Use rational approximations of irrational numbers to compare the size of irrational numbers, locate them approximately on a number line diagram, and estimate the value of expressions (e.g., (2). For example, by truncating the decimal expansion of √2, show that √2 is between 1and 2, then between 1.4 and 1.5, and explain how to continue on to get better approximations.

9.2 Expressions and Equations

9.2a Work with radicals and integer exponents.

Know and apply the properties of integer exponents to generate equivalent numerical expressions. For example, 32 ( 3–5 = 3–3 = 1/33 = 1/27.

Use square root and cube root symbols to represent solutions to equations of the form x2 = p and x3 = p, where p is a positive rational number. Evaluate square roots of small perfect squares and cube roots of small perfect cubes. Know that √2 is irrational.

Use numbers expressed in the form of a single digit times an integer power of 10 to estimate very large or very small quantities, and to express how many times as much one is than the other. For example, estimate the population of the United States as 3 ( 108 and the population of the world as 7 ( 109, and determine that the world population is more than 20 times larger.

Perform operations with numbers expressed in scientific notation, including problems where both decimal and scientific notation are used. Use scientific notation and choose units of appropriate size for measurements of very large or very small quantities (e.g., use millimeters per year for seafloor spreading). Interpret scientific notation that has been generated by technology.

9.2b Understand the connections between proportional relationships, lines, and linear equations.

Graph proportional relationships, interpreting the unit rate as the slope of the graph. Compare two different proportional relationships represented in different ways. For example, compare a distance-time graph to a distance-time equation to determine which of two moving objects has greater speed.

Use similar triangles to explain why the slope m is the same between any two distinct points on a non-vertical line in the coordinate plane; derive the equation y = mx for a line through the origin and the equation y = mx + b for a line intercepting the vertical axis at b.

9.2c Analyze and solve linear equations and pairs of simultaneous linear equations.

1. Solve linear equations in one variable.

Give examples of linear equations in one variable with one solution, infinitely many solutions, or no solutions. Show which of these possibilities is the case by successively transforming the given equation into simpler forms, until an equivalent equation of the form x = a, a = a, or a = b results (where a and b are different numbers).

Solve linear equations with rational number coefficients, including equations whose solutions require expanding expressions using the distributive property and collecting like terms.

2. Analyze and solve pairs of simultaneous linear equations.

Understand that solutions to a system of two linear equations in two variables correspond to points of intersection of their graphs, because points of intersection satisfy both equations simultaneously.

Solve systems of two linear equations in two variables algebraically, and estimate solutions by graphing the equations. Solve simple cases by inspection. For example, 3x + 2y = 5 and 3x + 2y = 6 have no solution because 3x + 2y cannot simultaneously be 5 and 6.

Solve real-world and mathematical problems leading to two linear equations in two variables. For example, given coordinates for two pairs of points, determine whether the line through the first pair of points intersects the line through the second pair.

9.3 Functions

9.3a Define, evaluate, and compare functions.

Understand that a function is a rule that assigns to each input exactly one output. The graph of a function is the set of ordered pairs consisting of an input and the corresponding output.

Compare properties of two functions each represented in a different way (algebraically, graphically, numerically in tables, or by verbal descriptions). For example, given a linear function represented by a table of values and a linear function represented by an algebraic expression, determine which function has the greater rate of change.

Interpret the equation y = mx + b as defining a linear function, whose graph is a straight line; give examples of functions that are not linear. For example, the function A = s2 giving the area of a square as a function of its side length is not linear because its graph contains the points (1,1), (2,4) and (3,9), which are not on a straight line.

9.3b Use functions to model relationships between quantities.

Construct a function to model a linear relationship between two quantities. Determine the rate of change and initial value of the function from a description of a relationship or from two (x, y) values, including reading these from a table or from a graph. Interpret the rate of change and initial value of a linear function in terms of the situation it models, and in terms of its graph or a table of values.

Describe qualitatively the functional relationship between two quantities by analyzing a graph (e.g., where the function is increasing or decreasing, linear or nonlinear). Sketch a graph that exhibits the qualitative features of a function that has been described verbally.

9.4 Geometry

9.4a Understand congruence and similarity using physical models, transparencies, or geometry software.

1. Verify experimentally the properties of rotations, reflections, and translations:

Lines are taken to lines, and line segments to line segments of the same length.

Angles are taken to angles of the same measure.

Parallel lines are taken to parallel lines.

2. Understand that a two-dimensional figure is congruent to another if the second can be obtained from the first by a sequence of rotations, reflections, and translations; given two congruent figures, describe a sequence that exhibits the congruence between them.

3. Describe the effect of dilations, translations, rotations, and reflections on two-dimensional figures using coordinates.

4. Understand that a two-dimensional figure is similar to another if the second can be obtained from the first by a sequence of rotations, reflections, translations, and dilations; given two similar two-dimensional figures, describe a sequence that exhibits the similarity between them.

5. Use informal arguments to establish facts about the angle sum and exterior angle of triangles, about the angles created when parallel lines are cut by a transversal, and the angle-angle criterion for similarity of triangles. For example, arrange three copies of the same triangle so that the sum of the three angles appears to form a line, and give an argument in terms of transversals why this is so.

9.4b Understand and apply the Pythagorean Theorem.

Explain a proof of the Pythagorean Theorem and its converse.

Apply the Pythagorean Theorem to determine unknown side lengths in right triangles in real-world and mathematical problems in two and three dimensions.

Apply the Pythagorean Theorem to find the distance between two points in a coordinate system.

9.4c Solve real-world and mathematical problems involving volume of cylinders, cones, and spheres.

1. Know the formulas for the volumes of cones, cylinders, and spheres and use them to solve real-world and mathematical problems.

9.5 Statistics and Probability

9.5a Investigate patterns of association in bivariate data.

Construct and interpret scatter plots for bivariate measurement data to investigate patterns of association between two quantities. Describe patterns such as clustering, outliers, positive or negative association, linear association, and nonlinear association.

Know that straight lines are widely used to model relationships between two quantitative variables. For scatter plots that suggest a linear association, informally fit a straight line, and informally assess the model fit by judging the closeness of the data points to the line.

Use the equation of a linear model to solve problems in the context of bivariate measurement data, interpreting the slope and intercept. For example, in a linear model for a biology experiment, interpret a slope of 1.5 cm/hr as meaning that an additional hour of sunlight each day is associated with an additional 1.5 cm in mature plant height.

Understand that patterns of association can also be seen in bivariate categorical data by displaying frequencies and relative frequencies in a two-way table. Construct and interpret a two-way table summarizing data on two categorical variables collected from the same subjects. Use relative frequencies calculated for rows or columns to describe possible association between the two variables. For example, collect data from students in your class on whether or not they have a curfew on school nights and whether or not they have assigned chores at home. Is there evidence that those who have a curfew also tend to have chores?

Mathematics Standards for High School - Introduction

The high school standards specify the mathematics that all students should study in order to be college and career ready. Additional mathematics that students should learn in order to take advanced courses such as calculus, advanced statistics, or discrete mathematics is indicated by (+), as in this example:

(+) Represent complex numbers on the complex plane in rectangular and polar form (including real and imaginary numbers).

All standards without a (+) symbol should be in the common mathematics curriculum for all college and career ready students. Standards with a (+) symbol may also appear in courses intended for all students.

The high school standards are listed in conceptual categories:

Number and Quantity

Algebra

Functions

Modeling

Geometry

Statistics and Probability.

Conceptual categories portray a coherent view of high school mathematics; a student’s work with functions, for example, crosses a number of traditional course boundaries, potentially up through and including calculus.

Modeling is best interpreted not as a collection of isolated topics but in relation to other standards. Making mathematical models is a Standard for Mathematical Practice, and specific modeling standards appear throughout the high school standards indicated by a star symbol (★). The star symbol sometimes appears on the heading for a group of standards; in that case, it should be understood to apply to all standards in that group.

10. Mathematics | High School—Number and Quantity

Numbers and Number Systems. During the years from kindergarten to eighth grade, students must repeatedly extend their conception of number. At first, “number” means “counting number”: 1, 2, 3…. Soon after that, 0 is used to represent “none” and the whole numbers are formed by the counting numbers together with zero. The next extension is fractions. At first, fractions are barely numbers and tied strongly to pictorial representations. Yet by the time students understand division of fractions, they have a strong concept of fractions as numbers and have connected them, via their decimal representations, with the base-ten system used to represent the whole numbers. During middle school, fractions are augmented by negative fractions to form the rational numbers. In Grade 8, students extend this system once more, augmenting the rational numbers with the irrational numbers to form the real numbers. In high school, students will be exposed to yet another extension of number, when the real numbers are augmented by the imaginary numbers to form the complex numbers.

With each extension of number, the meanings of addition, subtraction, multiplication, and division are extended. In each new number system—integers, rational numbers, real numbers, and complex numbers—the four operations stay the same in two important ways: They have the commutative, associative, and distributive properties and their new meanings are consistent with their previous meanings.

Extending the properties of whole-number exponents leads to new and productive notation. For example, properties of whole-number exponents suggest that (51/3)3 should be 5(1/3)·3 = 51 = 5 and that 51/3 should be the cube root of 5.

Calculators, spreadsheets, and computer algebra systems can provide ways for students to become better acquainted with these new number systems and their notation. They can be used to generate data for numerical experiments, to help understand the workings of matrix, vector, and complex number algebra, and to experiment with non-integer exponents.

Quantities. In real world problems, the answers are usually not numbers but quantities: numbers with units, which involves measurement. In their work in measurement up through Grade 8, students primarily measure commonly used attributes such as length, area, and volume. In high school, students encounter a wider variety of units in modeling, e.g., acceleration, currency conversions, derived quantities such as person-hours and heating degree days, social science rates such as per-capita income, and rates in everyday life such as points scored per game or batting averages. They also encounter novel situations in which they themselves must conceive the attributes of interest. For example, to find a good measure of overall highway safety, they might propose measures such as fatalities per year, fatalities per year per driver, or fatalities per vehicle-mile traveled. Such a conceptual process is sometimes called quantification. Quantification is important for science, as when surface area suddenly “stands out” as an important variable in evaporation. Quantification is also important for companies, which must conceptualize relevant attributes and create or choose suitable measures for them.

10a High School Number and Quantity Overview

The Real Number System

Extend the properties of exponents to rational exponents.

Use properties of rational and irrational numbers.

Make sense of problems and persevere in solving them.

Reason abstractly and quantitatively.

Construct viable arguments and critique the reasoning of others.

Model with mathematics.

Use appropriate tools strategically.

Attend to precision.

Look for and make use of structure.

Look for and express regularity in repeated reasoning.

Mathematical Practices

Quantities

Reason quantitatively and use units to solve problems.

The Complex Number System

Perform arithmetic operations with complex numbers.

Represent complex numbers and their operations on the complex plane.

Use complex numbers in polynomial identities and equations.

Vector and Matrix Quantities

Represent and model with vector quantities.

Perform operations on vectors.

Perform operations on matrices and use matrices in applications.

10.1 The Real Number System

10.1a Extend the properties of exponents to rational exponents.

Explain how the definition of the meaning of rational exponents follows from extending the properties of integer exponents to those values, allowing for a notation for radicals in terms of rational exponents. For example, we define 51/3 to be the cube root of 5 because we want (51/3)3 = 5(1/3)3 to hold, so (51/3)3 must equal 5.

Rewrite expressions involving radicals and rational exponents using the properties of exponents.

10.1b Use properties of rational and irrational numbers.

1. Explain why the sum or product of two rational numbers are rational; that the sum of a rational number and an irrational number is irrational; and that the product of a nonzero rational number and an irrational number is irrational.

10.2 Quantities★

10.2a Reason quantitatively and use units to solve problems.

Use units as a way to understand problems and to guide the solution of multi-step problems; choose and interpret units consistently in formulas; choose and interpret the scale and the origin in graphs and data displays.

Define appropriate quantities for the purpose of descriptive modeling.

Choose a level of accuracy appropriate to limitations on measurement when reporting quantities.

10.3 The Complex Number System

10.3a Perform arithmetic operations with complex numbers.

Know there is a complex number i such that i2 = −1, and every complex number has the form a + bi with a and b real.

Use the relation i2 = –1 and the commutative, associative, and distributive properties to add, subtract, and multiply complex numbers.

(+) Find the conjugate of a complex number; use conjugates to find moduli and quotients of complex numbers.

10.3b Represent complex numbers and their operations on the complex plane.

(+) Represent complex numbers on the complex plane in rectangular and polar form (including real and imaginary numbers), and explain why the rectangular and polar forms of a given complex number represent the same number.

(+) Represent addition, subtraction, multiplication, and conjugation of complex numbers geometrically on the complex plane; use properties of this representation for computation. For example, (-1 + √3 i)3 = 8 because (-1 + √3 i) has modulus 2 and argument 120°.

(+) Calculate the distance between numbers in the complex plane as the modulus of the difference, and the midpoint of a segment as the average of the numbers at its endpoints.

10.3c Use complex numbers in polynomial identities and equations.

Solve quadratic equations with real coefficients that have complex solutions.

(+) Extend polynomial identities to the complex numbers. For example, rewrite x2 + 4 as (x + 2i)(x – 2i).

(+) Know the Fundamental Theorem of Algebra; show that it is true for quadratic polynomials.

10.4 Vector and Matrix Quantities

10.4a Represent and model with vector quantities.

(+) Recognize vector quantities as having both magnitude and direction. Represent vector quantities by directed line segments, and use appropriate symbols for vectors and their magnitudes (e.g., v, |v|, ||v||, v).

(+) Find the components of a vector by subtracting the coordinates of an initial point from the coordinates of a terminal point.

(+) Solve problems involving velocity and other quantities that can be represented by vectors.

10.4b Perform operations on vectors.

1. (+) Add and subtract vectors.

Add vectors end-to-end, component-wise, and by the parallelogram rule. Understand that the magnitude of a sum of two vectors is typically not the sum of the magnitudes.

Given two vectors in magnitude and direction form, determine the magnitude and direction of their sum.

Understand vector subtraction v – w as v + (–w), where –w is the additive inverse of w, with the same magnitude as w and pointing in the opposite direction. Represent vector subtraction graphically by connecting the tips in the appropriate order, and perform vector subtraction component-wise.

2. (+) Multiply a vector by a scalar.

Represent scalar multiplication graphically by scaling vectors and possibly reversing their direction; perform scalar multiplication component-wise, e.g., as c(vx, vy) = (cvx, cvy).

Compute the magnitude of a scalar multiple cv using ||cv|| = |c|v. Compute the direction of cv knowing that when |c|v ≠ 0, the direction of cv is either along v (for c > 0) or against v (for c < 0).

10.4c Perform operations on matrices and use matrices in applications.

(+) Use matrices to represent and manipulate data, e.g., to represent payoffs or incidence relationships in a network.

(+) Multiply matrices by scalars to produce new matrices, e.g., as when all of the payoffs in a game are doubled.

(+) Add, subtract, and multiply matrices of appropriate dimensions.

(+) Understand that, unlike multiplication of numbers, matrix multiplication for square matrices is not a commutative operation, but still satisfies the associative and distributive properties.

(+) Understand that the zero and identity matrices play a role in matrix addition and multiplication similar to the role of 0 and 1 in the real numbers. The determinant of a square matrix is nonzero if and only if the matrix has a multiplicative inverse.

(+) Multiply a vector (regarded as a matrix with one column) by a matrix of suitable dimensions to produce another vector. Work with matrices as transformations of vectors.

(+) Work with 2 ( 2 matrices as transformations of the plane, and interpret the absolute value of the determinant in terms of area.

11. Mathematics | High School—Algebra

Expressions. An expression is a record of a computation with numbers, symbols that represent numbers, arithmetic operations, exponentiation, and, at more advanced levels, the operation of evaluating a function. Conventions about the use of parentheses and the order of operations assure that each expression is unambiguous. Creating an expression that describes a computation involving a general quantity requires the ability to express the computation in general terms, abstracting from specific instances.

Reading an expression with comprehension involves analysis of its underlying structure. This may suggest a different but equivalent way of writing the expression that exhibits some different aspect of its meaning. For example, p + 0.05p can be interpreted as the addition of a 5% tax to a price p. Rewriting p + 0.05p as 1.05p shows that adding a tax is the same as multiplying the price by a constant factor.

Algebraic manipulations are governed by the properties of operations and exponents, and the conventions of algebraic notation. At times, an expression is the result of applying operations to simpler expressions. For example, p + 0.05p is the sum of the simpler expressions p and 0.05p. Viewing an expression as the result of operation on simpler expressions can sometimes clarify its underlying structure.

A spreadsheet or a computer algebra system (CAS) can be used to experiment with algebraic expressions, perform complicated algebraic manipulations, and understand how algebraic manipulations behave.

Equations and inequalities. An equation is a statement of equality between two expressions, often viewed as a question asking for which values of the variables the expressions on either side are in fact equal. These values are the solutions to the equation. An identity, in contrast, is true for all values of the variables; identities are often developed by rewriting an expression in an equivalent form.

The solutions of an equation in one variable form a set of numbers; the solutions of an equation in two variables form a set of ordered pairs of numbers, which can be plotted in the coordinate plane. Two or more equations and/or inequalities form a system. A solution for such a system must satisfy every equation and inequality in the system.

An equation can often be solved by successively deducing from it one or more simpler equations. For example, one can add the same constant to both sides without changing the solutions, but squaring both sides might lead to extraneous solutions. Strategic competence in solving includes looking ahead for productive manipulations and anticipating the nature and number of solutions.

Some equations have no solutions in a given number system, but have a solution in a larger system. For example, the solution of x + 1 = 0 is an integer, not a whole number; the solution of 2x + 1 = 0 is a rational number, not an integer; the solutions of x2 – 2 = 0 are real numbers, not rational numbers; and the solutions of x2 + 2 = 0 are complex numbers, not real numbers.

The same solution techniques used to solve equations can be used to rearrange formulas. For example, the formula for the area of a trapezoid, A = ((b1+b2)/2)h, can be solved for h using the same deductive process.

Inequalities can be solved by reasoning about the properties of inequality. Many, but not all, of the properties of equality continue to hold for inequalities and can be useful in solving them.

Connections to Functions and Modeling. Expressions can define functions, and equivalent expressions define the same function. Asking when two functions have the same value for the same input leads to an equation; graphing the two functions allows for finding approximate solutions of the equation. Converting a verbal description to an equation, inequality, or system of these is an essential skill in modeling.

11a. Algebra Overview

Seeing Structure in Expressions

Interpret the structure of expressions.

Write expressions in equivalent forms to solve problems.

Make sense of problems and persevere in solving them.

Reason abstractly and quantitatively.

Construct viable arguments and critique the reasoning of others.

Model with mathematics.

Use appropriate tools strategically.

Attend to precision.

Look for and make use of structure.

Look for and express regularity in repeated reasoning.

Mathematical Practices

Arithmetic with Polynomials and Rational Expressions

Perform arithmetic operations on polynomials.

Understand the relationship between zeros and factors of polynomials.

Use polynomial identities to solve problems.

Rewrite rational expressions.

Creating Equations

Create equations that describe numbers or relationships.

Reasoning with Equations and Inequalities

Understand solving equations as a process of reasoning and explain the reasoning.

Solve equations and inequalities in one variable.

Solve systems of equations.

Represent and solve equations and inequalities graphically.

11.1 Seeing Structure in Expressions

11.1a Interpret the structure of expressions.

1. Interpret expressions that represent a quantity in terms of its context.★

Interpret parts of an expression, such as terms, factors, and coefficients.

Interpret complicated expressions by viewing one or more of their parts as a single entity. For example, interpret P(1+r)n as the product of P and a factor not depending on P.

2. Use the structure of an expression to identify ways to rewrite it. For example, see x4 – y4 as (x2)2 – (y2)2, thus recognizing it as a difference of squares that can be factored as (x2 – y2)(x2 + y2).

11.1b Write expressions in equivalent forms to solve problems.

1. Choose and produce an equivalent form of an expression to reveal and explain properties of the quantity represented by the expression.★

Factor a quadratic expression to reveal the zeros of the function it defines.

Complete the square in a quadratic expression to reveal the maximum or minimum value of the function it defines.

Use the properties of exponents to transform expressions for exponential functions. For example the expression 1.15t can be rewritten as (1.151/12)12t ≈ 1.01212t to reveal the approximate equivalent monthly interest rate if the annual rate is 15%.

2. Derive the formula for the sum of a finite geometric series (when the common ratio is not 1), and use the formula to solve problems. For example, calculate mortgage payments.★

11.2 Arithmetic with Polynomials and Rational Expressions

11.2a Perform arithmetic operations on polynomials.

1. Understand that polynomials form a system analogous to the integers, namely, they are closed under the operations of addition, subtraction, and multiplication; add, subtract, and multiply polynomials.

11.2b Understand the relationship between zeros and factors of polynomials.

Know and apply the Remainder Theorem: For a polynomial p(x) and a number a, the remainder on division by x – a is p(a), so p(a) = 0 if and only if (x – a) is a factor of p(x).

Identify zeros of polynomials when suitable factorizations are available, and use the zeros to construct a rough graph of the function defined by the polynomial.

11.2c Use polynomial identities to solve problems.

Prove polynomial identities and use them to describe numerical relationships. For example, the polynomial identity (x2 + y2)2 = (x2 – y2)2 + (2xy)2 can be used to generate Pythagorean triples.

(+) Know and apply the Binomial Theorem for the expansion of (x + y)n in powers of x and y for a positive integer n, where x and y are any numbers, with coefficients determined for example by Pascal’s Triangle.

11.2d Rewrite rational expressions.

Rewrite simple rational expressions in different forms; write a(x)/b(x) in the form q(x) + r(x)/b(x), where a(x), b(x), q(x), and r(x) are polynomials with the degree of r(x) less than the degree of b(x), using inspection, long division, or, for the more complicated examples, a computer algebra system.

(+) Understand that rational expressions form a system analogous to the rational numbers, closed under addition, subtraction, multiplication, and division by a nonzero rational expression; add, subtract, multiply, and divide rational expressions.

11.3 Creating Equations★

11.3a Create equations that describe numbers or relationships.

Create equations and inequalities in one variable and use them to solve problems. Include equations arising from linear and quadratic functions, and simple rational and exponential functions.

Create equations in two or more variables to represent relationships between quantities; graph equations on coordinate axes with labels and scales.

Represent constraints by equations or inequalities, and by systems of equations and/or inequalities, and interpret solutions as viable or non-viable options in a modeling context. For example, represent inequalities describing nutritional and cost constraints on combinations of different foods.

Rearrange formulas to highlight a quantity of interest, using the same reasoning as in solving equations. For example, rearrange Ohm’s law V = IR to highlight resistance R.

11.4 Reasoning with Equations and Inequalities

11.4a Understand solving equations as a process of reasoning and explain the reasoning.

Explain each step in solving a simple equation as following from the equality of numbers asserted at the previous step, starting from the assumption that the original equation has a solution. Construct a viable argument to justify a solution method.

Solve simple rational and radical equations in one variable, and give examples showing how extraneous solutions may arise.

11.4b Solve equations and inequalities in one variable.

1. Solve linear equations and inequalities in one variable, including equations with coefficients represented by letters.

2. Solve quadratic equations in one variable.

Use the method of completing the square to transform any quadratic equation in x into an equation of the form (x – p)2 = q that has the same solutions. Derive the quadratic formula from this form.

Solve quadratic equations by inspection (e.g., for x2 = 49), taking square roots, completing the square, the quadratic formula and factoring, as appropriate to the initial form of the equation. Recognize when the quadratic formula gives complex solutions and write them as a ± bi for real numbers a and b.

11.4c Solve systems of equations.

Prove that, given a system of two equations in two variables, replacing one equation by the sum of that equation and a multiple of the other produces a system with the same solutions.

Solve systems of linear equations exactly and approximately (e.g., with graphs), focusing on pairs of linear equations in two variables.

Solve a simple system consisting of a linear equation and a quadratic equation in two variables algebraically and graphically. For example, find the points of intersection between the line y = –3x and the circle x2 + y2 = 3.

(+) Represent a system of linear equations as a single matrix equation in a vector variable.

(+) Find the inverse of a matrix if it exists and use it to solve systems of linear equations (using technology for matrices of dimension 3 ( 3 or greater).

11.4d Represent and solve equations and inequalities graphically.

Understand that the graph of an equation in two variables is the set of all its solutions plotted in the coordinate plane, often forming a curve (which could be a line).

Explain why the x-coordinates of the points where the graphs of the equations y = f(x) and y = g(x) intersect are the solutions of the equation f(x) = g(x); find the solutions approximately, e.g., using technology to graph the functions, make tables of values, or find successive approximations. Include cases where f(x) and/or g(x) are linear, polynomial, rational, absolute value, exponential, and logarithmic functions.★

Graph the solutions to a linear inequality in two variables as a half-plane (excluding the boundary in the case of a strict inequality), and graph the solution set to a system of linear inequalities in two variables as the intersection of the corresponding half-planes.

12. Mathematics | High School—Functions

Functions describe situations where one quantity determines another. For example, the return on $10,000 invested at an annualized percentage rate of 4.25% is a function of the length of time the money is invested. Because we continually make theories about dependencies between quantities in nature and society, functions are important tools in the construction of mathematical models.

In school mathematics, functions usually have numerical inputs and outputs and are often defined by an algebraic expression. For example, the time in hours it takes for a car to drive 100 miles is a function of the car’s speed in miles per hour, v; the rule T(v) = 100/v expresses this relationship algebraically and defines a function whose name is T.

The set of inputs to a function is called its domain. We often infer the domain to be all inputs for which the expression defining a function has a value, or for which the function makes sense in a given context.

A function can be described in various ways, such as by a graph (e.g., the trace of a seismograph); by a verbal rule, as in, “I’ll give you a state, you give me the capital city;” by an algebraic expression like f(x) = a + bx; or by a recursive rule. The graph of a function is often a useful way of visualizing the relationship of the function models, and manipulating a mathematical expression for a function can throw light on the function’s properties.

Functions presented as expressions can model many important phenomena. Two important families of functions characterized by laws of growth are linear functions, which grow at a constant rate, and exponential functions, which grow at a constant percent rate. Linear functions with a constant term of zero describe proportional relationships.

A graphing utility or a computer algebra system can be used to experiment with properties of these functions and their graphs and to build computational models of functions, including recursively defined functions.

Connections to Expressions, Equations, Modeling, and Coordinates.

Determining an output value for a particular input involves evaluating an expression; finding inputs that yield a given output involves solving an equation. Questions about when two functions have the same value for the same input lead to equations, whose solutions can be visualized from the intersection of their graphs. Because functions describe relationships between quantities, they are frequently used in modeling. Sometimes functions are defined by a recursive process, which can be displayed effectively using a spreadsheet or other technology.

12a. Functions Overview

Interpreting Functions

Understand the concept of a function and use function notation.

Interpret functions that arise in applications in terms of the context.

Analyze functions using different representations.

Make sense of problems and persevere in solving them.

Reason abstractly and quantitatively.

Construct viable arguments and critique the reasoning of others.

Model with mathematics.

Use appropriate tools strategically.

Attend to precision.

Look for and make use of structure.

Look for and express regularity in repeated reasoning.

Mathematical Practices

Building Functions

Build a function that models a relationship between two quantities.

Build new functions from existing functions.

Linear, Quadratic, and Exponential Models

Construct and compare linear, quadratic, and exponential models and solve problems.

Interpret expressions for functions in terms of the situation they model.

Trigonometric Functions

Extend the domain of trigonometric functions using the unit circle.

Model periodic phenomena with trigonometric functions.

Prove and apply trigonometric identities.

12.1 Interpreting Functions

12.1a Understand the concept of a function and use function notation.

Understand that a function from one set (called the domain) to another set (called the range) assigns to each element of the domain exactly one element of the range. If f is a function and x is an element of its domain, then f(x) denotes the output of f corresponding to the input x. The graph of f is the graph of the equation y = f(x).

Use function notation, evaluate functions for inputs in their domains, and interpret statements that use function notation in terms of a context.

Recognize that sequences are functions, sometimes defined recursively, whose domain is a subset of the integers. For example, the Fibonacci sequence is defined recursively by f(0) = f(1) = 1, f(n+1) = f(n) + f(n-1) for n ≥ 1.

12.1b Interpret functions that arise in applications in terms of the context.

For a function that models a relationship between two quantities, interpret key features of graphs and tables in terms of the quantities, and sketch graphs showing key features given a verbal description of the relationship. Key features include: intercepts; intervals where the function is increasing, decreasing, positive, or negative; relative maximums and minimums; symmetries; end behavior; and periodicity.★

Relate the domain of a function to its graph and, where applicable, to the quantitative relationship it describes. For example, if the function h(n) gives the number of person-hours it takes to assemble n engines in a factory, then the positive integers would be an appropriate domain for the function.★

Calculate and interpret the average rate of change of a function (presented symbolically or as a table) over a specified interval. Estimate the rate of change from a graph.★

12.1c Analyze functions using different representations.

1. Graph functions expressed symbolically and show key features of the graph, by hand in simple cases and using technology for more complicated cases.★

Graph linear and quadratic functions and show intercepts, maxima, and minima.

Graph square root, cube root, and piecewise-defined functions, including step functions and absolute value functions.

Graph polynomial functions, identifying zeros when suitable factorizations are available, and showing end behavior.

(+) Graph rational functions, identifying zeros and asymptotes when suitable factorizations are available, and showing end behavior.

Graph exponential and logarithmic functions, showing intercepts and end behavior, and trigonometric functions, showing period, midline, and amplitude.

2. Write a function defined by an expression in different but equivalent forms to reveal and explain different properties of the function.

Use the process of factoring and completing the square in a quadratic function to show zeros, extreme values, and symmetry of the graph, and interpret these in terms of a context.

Use the properties of exponents to interpret expressions for exponential functions. For example, identify percent rate of change in functions such as y = (1.02)t, y = (0.97)t, y = (1.01)12t, y = (1.2)t/10, and classify them as representing exponential growth or decay.

3. Compare properties of two functions each represented in a different way (algebraically, graphically, numerically in tables, or by verbal descriptions). For example, given a graph of one quadratic function and an algebraic expression for another, say which has the larger maximum.

12.2 Building Functions

12.2a Build a function that models a relationship between two quantities.

1. Write a function that describes a relationship between two quantities.★

Determine an explicit expression, a recursive process, or steps for calculation from a context.

Combine standard function types using arithmetic operations. For example, build a function that models the temperature of a cooling body by adding a constant function to a decaying exponential, and relate these functions to the model.

(+) Compose functions. For example, if T(y) is the temperature in the atmosphere as a function of height, and h(t) is the height of a weather balloon as a function of time, then T(h(t)) is the temperature at the location of the weather balloon as a function of time.

2. Write arithmetic and geometric sequences both recursively and with an explicit formula, use them to model situations, and translate between the two forms.★

12.2b Build new functions from existing functions.

1. Identify the effect on the graph of replacing f(x) by f(x) + k, k f(x), f(kx), and f(x + k) for specific values of k (both positive and negative); find the value of k given the graphs. Experiment with cases and illustrate an explanation of the effects on the graph using technology. Include recognizing even and odd functions from their graphs and algebraic expressions for them.

2. Find inverse functions.

Solve an equation of the form f(x) = c for a simple function f that has an inverse and write an expression for the inverse. For example, f(x) =2 x3 or f(x) = (x+1)/(x-1) for x ≠ 1.

(+) Verify by composition that one function is the inverse of another.

(+) Read values of an inverse function from a graph or a table, given that the function has an inverse.

(+) Produce an invertible function from a non-invertible function by restricting the domain.

3. (+) Understand the inverse relationship between exponents and logarithms and use this relationship to solve problems involving logarithms and exponents.

12.3 Linear, Quadratic, and Exponential Models★

12.3a Construct and compare linear, quadratic, and exponential models and solve problems.

1. Distinguish between situations that can be modeled with linear functions and with exponential functions.

Prove that linear functions grow by equal differences over equal intervals, and that exponential functions grow by equal factors over equal intervals.

Recognize situations in which one quantity changes at a constant rate per unit interval relative to another.

Recognize situations in which a quantity grows or decays by a constant percent rate per unit interval relative to another.

2. Construct linear and exponential functions, including arithmetic and geometric sequences, given a graph, a description of a relationship, or two input-output pairs (include reading these from a table).

3. Observe using graphs and tables that a quantity increasing exponentially eventually exceeds a quantity increasing linearly, quadratically, or (more generally) as a polynomial function.

4. For exponential models, express as a logarithm the solution to a bct = d where a, c, and d are numbers and the base b is 2, 10, or e; evaluate the logarithm using technology.

12.3b Interpret expressions for functions in terms of the situation they model.

1. Interpret the parameters in a linear, quadratic, or exponential function in terms of a context.

12.4 Trigonometric Functions

12.4a Extend the domain of trigonometric functions using the unit circle.

1. Understand radian measure of an angle as the length of the arc on the unit circle subtended by the angle.

2. Explain how the unit circle in the coordinate plane enables the extension of trigonometric functions to all real numbers, interpreted as radian measures of angles traversed counterclockwise around the unit circle.

3. (+) Use special triangles to determine geometrically the values of sine, cosine, tangent for π /3, π/4 and π/6, and use the unit circle to express the values of sine, cosine, and tangent for π-x, π+x, and 2π-x in terms of their values for x, where x is any real number.

4. (+) Use the unit circle to explain symmetry (odd and even) and periodicity of trigonometric functions.

12.4b Model periodic phenomena with trigonometric functions.

Choose trigonometric functions to model periodic phenomena with specified amplitude, frequency, and midline.★

(+) Understand that restricting a trigonometric function to a domain on which it is always increasing or always decreasing allows its inverse to be constructed.

(+) Use inverse functions to solve trigonometric equations that arise in modeling contexts; evaluate the solutions using technology, and interpret them in terms of the context.★

12.4c Prove and apply trigonometric identities.

Prove the Pythagorean identity sin2(θ) + cos2(θ) = 1 and use it find sin(θ), cos(θ), or tan(θ) given sin(θ), cos(θ), or tan(θ) and the quadrant.

(+) Prove the addition and subtraction formulas for sine, cosine, and tangent and use them to solve problems.

13. Mathematics | High School—Modeling

Modeling links classroom mathematics and statistics to everyday life, work, and decision-making. Modeling is the process of choosing and using appropriate mathematics and statistics to analyze empirical situations, to understand them better, and to improve decisions. Quantities and their relationships in physical, economic, public policy, social, and everyday situations can be modeled using mathematical and statistical methods. When making mathematical models, technology is valuable for varying assumptions, exploring consequences, and comparing predictions with data.

A model can be very simple, such as writing total cost as a product of unit price and number bought, or using a geometric shape to describe a physical object like a coin. Even such simple models involve making choices. It is up to us whether to model a coin as a three-dimensional cylinder, or whether a two-dimensional disk works well enough for our purposes. Other situations—modeling a delivery route, a production schedule, or a comparison of loan amortizations—need more elaborate models that use other tools from the mathematical sciences. Real-world situations are not organized and labeled for analysis; formulating tractable models, representing such models, and analyzing them is appropriately a creative process. Like every such process, this depends on acquired expertise as well as creativity.

Some examples of such situations might include:

Estimating how much water and food is needed for emergency relief in a devastated city of 3 million people, and how it might be distributed.

Planning a table tennis tournament for 7 players at a club with 4 tables, where each player plays against each other player.

Designing the layout of the stalls in a school fair so as to raise as much money as possible.

Analyzing stopping distance for a car.

Modeling savings account balance, bacterial colony growth, or investment growth.

Engaging in critical path analysis, e.g., applied to turnaround of an aircraft at an airport.

Analyzing risk in situations such as extreme sports, pandemics, and terrorism.

Relating population statistics to individual predictions.

In situations like these, the models devised depend on a number of factors: How precise an answer do we want or need? What aspects of the situation do we most need to understand, control, or optimize? What resources of time and tools do we have? The range of models that we can create and analyze is also constrained by the limitations of our mathematical, statistical, and technical skills, and our ability to recognize significant variables and relationships among them. Diagrams of various kinds, spreadsheets and other technology, and algebra are powerful tools for understanding and solving problems drawn from different types of real-world situations.

One of the insights provided by mathematical modeling is that essentially the same mathematical or statistical structure can sometimes model seemingly different situations. Models can also shed light on the mathematical structures themselves, for example, as when a model of bacterial growth makes more vivid the explosive growth of the exponential function.

The basic modeling cycle is summarized in the diagram. It involves (1) identifying variables in the situation and selecting those that represent essential features, (2) formulating a model by creating and selecting geometric, graphical, tabular, algebraic, or statistical representations that describe relationships between the variables, (3) analyzing and performing operations on these relationships to draw conclusions, (4) interpreting the results of the mathematics in terms of the original situation, (5) validating the conclusions by comparing them with the situation, and then either improving the model or, if it is acceptable, (6) reporting on the conclusions and the reasoning behind them. Choices, assumptions, and approximations are present throughout this cycle.

In descriptive modeling, a model simply describes the phenomena or summarizes them in a compact form. Graphs of observations are a familiar descriptive model—for example, graphs of global temperature and atmospheric CO2 over time.

Analytic modeling seeks to explain data on the basis of deeper theoretical ideas, albeit with parameters that are empirically based; for example, exponential growth of bacterial colonies (until cut-off mechanisms such as pollution or starvation intervene) follows from a constant reproduction rate. Functions are an important tool for analyzing such problems.

Graphing utilities, spreadsheets, computer algebra systems, and dynamic geometry software are powerful tools that can be used to model purely mathematical phenomena (e.g., the behavior of polynomials) as well as physical phenomena.

Modeling Standards. Modeling is best interpreted not as a collection of isolated topics but rather in relation to other standards. Making mathematical models is a Standard for Mathematical Practice, and specific modeling standards appear throughout the high school standards indicated by a star symbol (★).

14. Mathematics | High School—Geometry

An understanding of the attributes and relationships of geometric objects can be applied in diverse contexts—interpreting a schematic drawing, estimating the amount of wood needed to frame a sloping roof, rendering computer graphics, or designing a sewing pattern for the most efficient use of material.

Although there are many types of geometry, school mathematics is devoted primarily to plane Euclidean geometry, studied both synthetically (without coordinates) and analytically (with coordinates). Euclidean geometry is characterized most importantly by the Parallel Postulate, that through a point not on a given line there is exactly one parallel line. (Spherical geometry, in contrast, has no parallel lines.)

During high school, students begin to formalize their geometry experiences from elementary and middle school, using more precise definitions and developing careful proofs. Later in college some students develop Euclidean and other geometries carefully from a small set of axioms.

The concepts of congruence, similarity, and symmetry can be understood from the perspective of geometric transformation. Fundamental are the rigid motions: translations, rotations, reflections, and combinations of these, all of which are here assumed to preserve distance and angles (and therefore shapes generally). Reflections and rotations each explain a particular type of symmetry, and the symmetries of an object offer insight into its attributes—as when the reflective symmetry of an isosceles triangle assures that its base angles are congruent.

In the approach taken here, two geometric figures are defined to be congruent if there is a sequence of rigid motions that carries one onto the other. This is the principle of superposition. For triangles, congruence means the equality of all corresponding pairs of sides and all corresponding pairs of angles. During the middle grades, through experiences drawing triangles from given conditions, students notice ways to specify enough measures in a triangle to ensure that all triangles drawn with those measures are congruent. Once these triangle congruence criteria (ASA, SAS, and SSS) are established using rigid motions, they can be used to prove theorems about triangles, quadrilaterals, and other geometric figures.

Similarity transformations (rigid motions followed by dilations) define similarity in the same way that rigid motions define congruence, thereby formalizing the similarity ideas of “same shape” and “scale factor” developed in the middle grades. These transformations lead to the criterion for triangle similarity that two pairs of corresponding angles are congruent.

The definitions of sine, cosine, and tangent for acute angles are founded on right triangles and similarity, and, with the Pythagorean Theorem, are fundamental in many real-world and theoretical situations. The Pythagorean Theorem is generalized to non-right triangles by the Law of Cosines. Together, the Laws of Sines and Cosines embody the triangle congruence criteria for the cases where three pieces of information suffice to completely solve a triangle. Furthermore, these laws yield two possible solutions in the ambiguous case, illustrating that Side-Side-Angle is not a congruence criterion.

Analytic geometry connects algebra and geometry, resulting in powerful methods of analysis and problem solving. Just as the number line associates numbers with locations in one dimension, a pair of perpendicular axes associates pairs of numbers with locations in two dimensions. This correspondence between numerical coordinates and geometric points allows methods from algebra to be applied to geometry and vice versa. The solution set of an equation becomes a geometric curve, making visualization a tool for doing and understanding algebra. Geometric shapes can be described by equations, making algebraic manipulation into a tool for geometric understanding, modeling, and proof. Geometric transformations of the graphs of equations correspond to algebraic changes in their equations.

Dynamic geometry environments provide students with experimental and modeling tools that allow them to investigate geometric phenomena in much the same way as computer algebra systems allow them to experiment with algebraic phenomena.

Connections to Equations. The correspondence between numerical coordinates and geometric points allows methods from algebra to be applied to geometry and vice versa. The solution set of an equation becomes a geometric curve, making visualization a tool for doing and understanding algebra. Geometric shapes can be described by equations, making algebraic manipulation into a tool for geometric understanding, modeling, and proof.

14a. Geometry Overview

Congruence

Experiment with transformations in the plane.

Understand congruence in terms of rigid motions.

Prove geometric theorems.

Make geometric constructions.

Make sense of problems and persevere in solving them.

Reason abstractly and quantitatively.

Construct viable arguments and critique the reasoning of others.

Model with mathematics.

Use appropriate tools strategically.

Attend to precision.

Look for and make use of structure.

Look for and express regularity in repeated reasoning.

Mathematical Practices

Similarity, Right Triangles, and Trigonometry

Understand similarity in terms of similarity transformations.

Prove theorems involving similarity.

Define trigonometric ratios and solve problems involving right triangles.

Apply trigonometry to general triangles.

Circles

Understand and apply theorems about circles.

Find arc lengths and areas of sectors of circles.

Expressing Geometric Properties with Equations

Translate between the geometric description and the equation for a conic section.

Use coordinates to prove simple geometric theorems algebraically.

Geometric Measurement and Dimension

Explain volume formulas and use them to solve problems.

Visualize relationships between two-dimensional and three-dimensional objects.

Modeling with Geometry

Apply geometric concepts in modeling situations.

14.1 Congruence

14.1a Experiment with transformations in the plane.

Know precise definitions of angle, circle, perpendicular line, parallel line, and line segment, based on the undefined notions of point, line, distance along a line, and distance around a circular arc.

Represent transformations in the plane using, e.g., transparencies and geometry software; describe transformations as functions that take points in the plane as inputs and give other points as outputs. Compare transformations that preserve distance and angle to those that do not (e.g., translation versus horizontal stretch).

Given a rectangle, parallelogram, trapezoid, or regular polygon, describe the rotations and reflections that carry it onto itself.

Develop definitions of rotations, reflections, and translations in terms of angles, circles, perpendicular lines, parallel lines, and line segments.

Given a geometric figure and a rotation, reflection, or translation, draw the transformed figure using, e.g., graph paper, tracing paper, or geometry software. Specify a sequence of transformations that will carry a given figure onto another.

14.1b Understand congruence in terms of rigid motions.

Use geometric descriptions of rigid motions to transform figures and to predict the effect of a given rigid motion on a given figure; given two figures, use the definition of congruence in terms of rigid motions to decide if they are congruent.

Use the definition of congruence in terms of rigid motions to show that two triangles are congruent if and only if corresponding pairs of sides and corresponding pairs of angles are congruent.

Explain how the criteria for triangle congruence (ASA, SAS, and SSS) follow from the definition of congruence in terms of rigid motions.

14.1c Prove geometric theorems.

Prove theorems about lines and angles. Theorems include: vertical angles are congruent; when a transversal crosses parallel lines, alternate interior angles are congruent and corresponding angles are congruent; points on a perpendicular bisector of a line segment are exactly those equidistant from the segment’s endpoints.

Prove theorems about triangles. Theorems include: measures of interior angles of a triangle sum to 180°; base angles of isosceles triangles are congruent; the segment joining midpoints of two sides of a triangle is parallel to the third side and half the length; the medians of a triangle meet at a point.

Prove theorems about parallelograms. Theorems include: opposite sides are congruent, opposite angles are congruent, the diagonals of a parallelogram bisect each other, and conversely, rectangles are parallelograms with congruent diagonals.

14.1d Make geometric constructions.

Make formal geometric constructions with a variety of tools and methods (compass and straightedge, string, reflective devices, paper folding, dynamic geometric software, etc.). Copying a segment; copying an angle; bisecting a segment; bisecting an angle; constructing perpendicular lines, including the perpendicular bisector of a line segment; and constructing a line parallel to a given line through a point not on the line.

Construct an equilateral triangle, a square, and a regular hexagon inscribed in a circle.

14.2 Similarity, Right Triangles, and Trigonometry

14.2a Understand similarity in terms of similarity transformations.

1. Verify experimentally the properties of dilations given by a center and a scale factor:

A dilation takes a line not passing through the center of the dilation to a parallel line, and leaves a line passing through the center unchanged.

The dilation of a line segment is longer or shorter in the ratio given by the scale factor.

2. Given two figures, use the definition of similarity in terms of similarity transformations to decide if they are similar; explain using similarity transformations the meaning of similarity for triangles as the equality of all corresponding pairs of angles and the proportionality of all corresponding pairs of sides.

3. Use the properties of similarity transformations to establish the AA criterion for two triangles to be similar.

14.2b Prove theorems involving similarity.

Prove theorems about triangles. Theorems include: a line parallel to one side of a triangle divides the other two proportionally, and conversely; the Pythagorean Theorem proved using triangle similarity.

Use congruence and similarity criteria for triangles to solve problems and to prove relationships in geometric figures.

14.2c Define trigonometric ratios and solve problems involving right triangles.

Understand that by similarity, side ratios in right triangles are properties of the angles in the triangle, leading to definitions of trigonometric ratios for acute angles.

Explain and use the relationship between the sine and cosine of complementary angles.

Use trigonometric ratios and the Pythagorean Theorem to solve right triangles in applied problems. ★

14.2d Apply trigonometry to general triangles.

(+) Derive the formula A = ½ ab sin(C) for the area of a triangle by drawing an auxiliary line from a vertex perpendicular to the opposite side.

(+) Prove the Laws of Sines and Cosines and use them to solve problems.

(+) Understand and apply the Law of Sines and the Law of Cosines to find unknown measurements in right and non-right triangles (e.g., surveying problems, resultant forces).

14.3 Circles

14.3a Understand and apply theorems about circles.

Prove that all circles are similar.

Identify and describe relationships among inscribed angles, radii, and chords. Include the relationship between central, inscribed, and circumscribed angles; inscribed angles on a diameter are right angles; the radius of a circle is perpendicular to the tangent where the radius intersects the circle.

Construct the inscribed and circumscribed circles of a triangle, and prove properties of angles for a quadrilateral inscribed in a circle.

(+) Construct a tangent line from a point outside a given circle to the circle.

14.3b Find arc lengths and areas of sectors of circles.

1. Derive using similarity the fact that the length of the arc intercepted by an angle is proportional to the radius, and define the radian measure of the angle as the constant of proportionality; derive the formula for the area of a sector.

14.4 Expressing Geometric Properties with Equations

14.4a Translate between the geometric description and the equation for a conic section.

Derive the equation of a circle of given center and radius using the Pythagorean Theorem; complete the square to find the center and radius of a circle given by an equation.

Derive the equation of a parabola given a focus and directrix.

(+) Derive the equations of ellipses and hyperbolas given the foci, using the fact that the sum or difference of distances from the foci is constant.

14.4b Use coordinates to prove simple geometric theorems algebraically.

Use coordinates to prove simple geometric theorems algebraically. For example, prove or disprove that a figure defined by four given points in the coordinate plane is a rectangle; prove or disprove that the point (1, √3) lies on the circle centered at the origin and containing the point (0, 2).

Prove the slope criteria for parallel and perpendicular lines and use them to solve geometric problems (e.g., find the equation of a line parallel or perpendicular to a given line that passes through a given point).

Find the point on a directed line segment between two given points that partitions the segment in a given ratio.

Use coordinates to compute perimeters of polygons and areas of triangles and rectangles, e.g., using the distance formula. ★

14.5 Geometric Measurement and Dimension

14.5a Explain volume formulas and use them to solve problems.

Give an informal argument for the formulas for the circumference of a circle, area of a circle, volume of a cylinder, pyramid, and cone. Use dissection arguments, Cavalieri’s principle, and informal limit arguments.

(+) Give an informal argument using Cavalieri’s principle for the formulas for the volume of a sphere and other solid figures.

Use volume formulas for cylinders, pyramids, cones, and spheres to solve problems. ★

14.5b Visualize relationships between two-dimensional and three-dimensional objects.

Identify the shapes of two-dimensional cross-sections of three-dimensional objects, and identify three-dimensional objects generated by rotations of two-dimensional objects.

14.6 Modeling with Geometry

14.6a Apply geometric concepts in modeling situations.

Use geometric shapes, their measures, and their properties to describe objects (e.g., modeling a tree trunk or a human torso as a cylinder). ★

Apply concepts of density based on area and volume in modeling situations (e.g., persons per square mile, BTUs per cubic foot). ★

Apply geometric methods to solve design problems (e.g., designing an object or structure to satisfy physical constraints or minimize cost; working with typographic grid systems based on ratios). ★

15. Mathematics | High School—Statistics and Probability★

Decisions or predictions are often based on data—numbers in context. These decisions or predictions would be easy if the data always sent a clear message, but the message is often obscured by variability. Statistics provides tools for describing variability in data and for making informed decisions that take it into account.

Data are gathered, displayed, summarized, examined, and interpreted to discover patterns and deviations from patterns. Quantitative data can be described in terms of key characteristics: measures of shape, center, and spread. The shape of a data distribution might be described as symmetric, skewed, flat, or bell shaped, and it might be summarized by a statistic measuring center (such as mean or median) and a statistic measuring spread (such as standard deviation or interquartile range). Different distributions can be compared numerically using these statistics or compared visually using plots. Knowledge of center and spread are not enough to describe a distribution. Which statistics to compare, which plots to use, and what the results of a comparison might mean, depend on the question to be investigated and the real-life actions to be taken.

Randomization has two important uses in drawing statistical conclusions. First, collecting data from a random sample of a population makes it possible to draw valid conclusions about the whole population, taking variability into account. Second, randomly assigning individuals to different treatments allows a fair comparison of the effectiveness of those treatments. A statistically significant outcome is one that is unlikely to be due to chance alone, and this can be evaluated only under the condition of randomness. The conditions under which data are collected are important in drawing conclusions from the data; in critically reviewing uses of statistics in public media and other reports, it is important to consider the study design, how the data were gathered, and the analyses employed as well as the data summaries and the conclusions drawn.

Random processes can be described mathematically by using a probability model: a list or description of the possible outcomes (the sample space), each of which is assigned a probability. In situations such as flipping a coin, rolling a number cube, or drawing a card, it might be reasonable to assume various outcomes are equally likely. In a probability model, sample points represent outcomes and combine to make up events; probabilities of events can be computed by applying the Addition and Multiplication Rules. Interpreting these probabilities relies on an understanding of independence and conditional probability, which can be approached through the analysis of two-way tables.

Technology plays an important role in statistics and probability by making it possible to generate plots, regression functions, and correlation coefficients, and to simulate many possible outcomes in a short amount of time.

Connections to Functions and Modeling. Functions may be used to describe data; if the data suggest a linear relationship, the relationship can be modeled with a regression line, and its strength and direction can be expressed through a correlation coefficient.

15a. Statistics and Probability Overview

Interpreting Categorical and Quantitative Data

Summarize, represent, and interpret data on a single count or measurement variable.

Summarize, represent, and interpret data on two categorical and quantitative variables.

Interpret linear models.

Make sense of problems and persevere in solving them.

Reason abstractly and quantitatively.

Construct viable arguments and critique the reasoning of others.

Model with mathematics.

Use appropriate tools strategically.

Attend to precision.

Look for and make use of structure.

Look for and express regularity in repeated reasoning.

Mathematical Practices

Making Inferences and Justifying Conclusions

Understand and evaluate random processes underlying statistical experiments.

Make inferences and justify conclusions from sample surveys, experiments and observational studies.

Conditional Probability and the Rules of Probability

Understand independence and conditional probability and use them to interpret data.

Use the rules of probability to compute probabilities of compound events in a uniform probability model.

Using Probability to Make Decisions

Calculate expected values and use them to solve problems.

Use probability to evaluate outcomes of decisions.

15.1 Interpreting Categorical and Quantitative Data

15.1a Summarize, represent, and interpret data on a single count or measurement variable.

Represent data with plots on the real number line (dot plots, histograms, and box plots).

Use statistics appropriate to the shape of the data distribution to compare center (median, mean) and spread (interquartile range, standard deviation) of two or more different data sets.

Interpret differences in shape, center, and spread in the context of the data sets, accounting for possible effects of extreme data points (outliers).

Use the mean and standard deviation of a data set to fit it to a normal distribution and to estimate population percentages. Recognize that there are data sets for which such a procedure is not appropriate. Use calculators, spreadsheets, and tables to estimate areas under the normal curve.

15.1b Summarize, represent, and interpret data on two categorical and quantitative variables.

1. Summarize categorical data for two categories in two-way frequency tables. Interpret relative frequencies in the context of the data (including joint, marginal, and conditional relative frequencies). Recognize possible associations and trends in the data.

2. Represent data on two quantitative variables on a scatter plot, and describe how the variables are related.

Fit a function to the data; use functions fitted to data to solve problems in the context of the data. Use given functions or choose a function suggested by the context. Emphasize linear, quadratic, and exponential models.

Informally assess the fit of a function by plotting and analyzing residuals.

Fit a linear function for a scatter plot that suggests a linear association.

15.1c Interpret linear models.

Interpret the slope (rate of change) and the intercept (constant term) of a linear model in the context of the data.

Compute (using technology) and interpret the correlation coefficient of a linear fit.

Distinguish between correlation and causation.

15.2 Making Inferences and Justifying Conclusions

15.2a Understand and evaluate random processes underlying statistical experiments.

Understand statistics as a process for making inferences to be made about population parameters based on a random sample from that population.

Decide if a specified model is consistent with results from a given data-generating process, e.g., using simulation. For example, a model says a spinning coin falls heads up with probability 0.5. Would a result of 5 tails in a row cause you to question the model?

15.2b Make inferences and justify conclusions from sample surveys, experiments, and observational studies.

Recognize the purposes of and differences among sample surveys, experiments, and observational studies; explain how randomization relates to each.

Use data from a sample survey to estimate a population mean or proportion; develop a margin of error through the use of simulation models for random sampling.

Use data from a randomized experiment to compare two treatments; use simulations to decide if differences between parameters are significant.

Evaluate reports based on data.

15.3 Conditional Probability and the Rules of Probability

15.3a Understand independence and conditional probability and use them to interpret data.

Describe events as subsets of a sample space (the set of outcomes) using characteristics (or categories) of the outcomes, or as unions, intersections, or complements of other events (“or,” “and,” “not”).

Understand that two events A and B are independent if the probability of A and B occurring together is the product of their probabilities, and use this characterization to determine if they are independent.

Understand the conditional probability of A given B as P(A and B)/P(B), and interpret independence of A and B as saying that the conditional probability of A given B is the same as the probability of A, and the conditional probability of B given A is the same as the probability of B.

Construct and interpret two-way frequency tables of data when two categories are associated with each object being classified. Use the two-way table as a sample space to decide if events are independent and to approximate conditional probabilities. For example, collect data from a random sample of students in your school on their favorite subject among math, science, and English. Estimate the probability that a randomly selected student from your school will favor science given that the student is in tenth grade. Do the same for other subjects and compare the results.

Recognize and explain the concepts of conditional probability and independence in everyday language and everyday situations. For example, compare the chance of having lung cancer if you are a smoker with the chance of being a smoker if you have lung cancer.

15.3b Use the rules of probability to compute probabilities of compound events in a uniform probability model.

Find the conditional probability of A given B as the fraction of B’s outcomes that also belong to A, and interpret the answer in terms of the model.

Apply the Addition Rule, P(A or B) = P(A) + P(B) – P(A and B), and interpret the answer in terms of the model.

(+) Apply the general Multiplication Rule in a uniform probability model, P(A and B) = P(A)P(B|A) = P(B)P(A|B), and interpret the answer in terms of the model.

(+) Use permutations and combinations to compute probabilities of compound events and solve problems.

15.4 Using Probability to Make Decisions

15.4a Calculate expected values and use them to solve problems.

(+) Define a random variable for a quantity of interest by assigning a numerical value to each event in a sample space; graph the corresponding probability distribution using the same graphical displays as for data distributions.

(+) Calculate the expected value of a random variable; interpret it as the mean of the probability distribution.

(+) Develop a probability distribution for a random variable defined for a sample space in which theoretical probabilities can be calculated; find the expected value. For example, find the theoretical probability distribution for the number of correct answers obtained by guessing on all five questions of a multiple-choice test where each question has four choices, and find the expected grade under various grading schemes.

(+) Develop a probability distribution for a random variable defined for a sample space in which probabilities are assigned empirically; find the expected value. For example, find a current data distribution on the number of TV sets per household in the United States, and calculate the expected number of sets per household. How many TV sets would you expect to find in 100 randomly selected households?

15.4b Use probability to evaluate outcomes of decisions.

1. (+) Weigh the possible outcomes of a decision by assigning probabilities to payoff values and finding expected values.

Find the expected payoff for a game of chance. For example, find the expected winnings from a state lottery ticket or a game at a fast-food restaurant.

Evaluate and compare strategies on the basis of expected values. For example, compare a high-deductible versus a low-deductible automobile insurance policy using various, but reasonable, chances of having a minor or a major accident.

2. (+) Use probabilities to make fair decisions (e.g., drawing by lots, using a random number generator).

3. (+) Analyze decisions and strategies using probability concepts (e.g., product testing, medical testing, pulling a hockey goalie at the end of a game).

EFFECTIVE DATE:

August 31, 1997 – filing 97-260, major substantive: “Rules for Learning Results”

REPEALED AND REPLACED:

August 5, 2007 – filing 2007-282, major substantive: “The Maine Federal, State, and Local Accountability Standards”

AMENDED:

July 26, 2009 - filing 2009-287, major substantive

June 15, 2011 – filing 2011-156, major substantive

118

05-071 Chapter 131

05-071 Chapter 131

Chapter 132 Learning Results: Parameters for Essential Instruction

Code Me. R. 05-071 Ch. 132 – Learning Results: Parameters for Essential Instruction {#sec-05-071-ch.-132 omnilex-key=us-me-regs-official--dept-education-and-state-board-education--05-071 Ch. 132}

SUMMARY: The Maine Department of Education Regulation 132 - The Maine Learning Results: Parameters for Essential Instruction establishes parameters for essential teaching and learning in grades Pre-Kindergarten through Diploma across eight content areas and supports the goals outlined in the Guiding Principles. The Maine Learning Results: Parameters for Essential Instruction will inform the blueprint for item development of the large-scale State assessments aligned to the federal accountability standards found in Maine Department of Education Regulation 131 – The Federal, State, and Local Accountability Standards. High school, middle school, and elementary school programming in Maine’s publicly supported schools must be aligned to the knowledge and skills described in the Maine Learning Results: Parameters for Essential Instruction .

The Maine Department of Education Regulation 132 - The Maine Learning Results: Parameters for Essential Instruction augments and expands upon the content standards for federal accountability (Maine Department of Education Regulation 131: The Maine Federal, State, and Local Accountability Standards) by describing details for essential teaching and learning for eight content areas. These learning goals identify the knowledge and skills required for college, career and citizenship in the 21^st century.

THE GUIDING PRINCIPLES – The knowledge and skills described in the Maine Department of Education Regulation 132 support Maine students in achieving the goals established in Maine’s Guiding Principles.The Guiding Principles state that each Maine student must leave school as:

A clear and effective communicator who:

1. Demonstrates organized and purposeful communication in English and at least one other language;
2. Uses evidence and logic appropriately in communication
3. Adjusts communication based on the audience; and
4. Uses a variety of modes of expression (spoken, written, and visual and performing including the use of technology to create and share the expressions);

A self-directed and lifelong learner who:

1. Recognizes the need for information and locates and evaluates resources;
2. Applies knowledge to set goals and make informed decisions;
3. Applies knowledge in new contexts;
4. Demonstrates initiative and independence;
5. Demonstrates flexibility including the ability to learn, unlearn, and relearn;
6. Demonstrates reliability and concern for quality; and
7. Uses interpersonal skills to learn and work with individuals from diverse backgrounds;

A creative and practical problem solver who: [1995, c. 649, §1 (new).]

1. Observes and evaluates situations to define problems;
2. Frames questions, makes predictions, and designs data/information collection and analysis strategies;
3. Identifies patterns, trends, and relationships that apply to solutions;
4. Generates a variety of solutions, builds a case for a best response and critically evaluates the effectiveness of the response;
5. Sees opportunities, finds resources, and seeks results;
6. Uses information and technology to solve problems; and
7. Perseveres in challenging situations;

A responsible and involved citizen who:

1. Participates positively in the community and designs creative solutions to meet human needs and wants;
2. Accepts responsibility for personal decisions and actions;
3. Demonstrates ethical behavior and the moral courage to sustain it;
4. Understands and respects diversity;
5. Displays global awareness and economic and civic literacy; and
6. Demonstrates awareness of personal and community health and wellness;

An integrative and informed thinker who:

1. Gains and applies knowledge across disciplines and learning contexts and to real life situations with and without technology;
2. Evaluates and synthesizes information from multiple sources;
3. Applies ideas across disciplines; and
4. Applies systems thinking to understand the interaction and influence of related parts on each other and on outcomes.

CAREER AND LIFE READY STANDARDS INTRODUCTION

Life and Career Ready standards in Maine include an emphasis on multiple pathways toward meaningful careers and focus on life skills and experiences that will allow students to pivot as economic needs change and personal interests evolve. They have been crafted to allow flexibility and variation in focus and implementation, while ensuring all students exhibit key skills required to successfully navigate the changing career landscape.

Maine’s economic future depends on a well-prepared, resilient, adaptable and skilled workforce. To achieve this, schools must creatively offer relevant opportunities that include interactive experiences and allow for direct exposure between students and a variety of career options. Schools must partner with local communities to bridge the gap between traditional K-12 education and ongoing career development. Networking with local community partners can provide opportunities which may include internships/pre-apprenticeships, job shadows, work-based learning options, early college courses, service learning, volunteering, guest speakers, field trips, and first-time work experiences.

These standards are a dynamic approach that frame multiple pathways for our students as they progress through grades K-12 and begin their post high school journey. To meet the needs of all youth, institutions need to examine educational practices and strategies, understanding the need to prepare students to experience and explore a variety of roles within their communities and recognizing students will choose to enter the workforce in different ways.

Outline of Life and Career Ready Standards

Strand A: Self-Knowledge and Life Skills

Standard A.1 Self-Knowledge

Standard A. 2 Life Skills

Standard A. 3 Problem Solving

Strand B: Aspirations

Standard B.1 Exploring Opportunities

Strand C: Building Pathways for the Future

Standard C.1 Planning

Standard C.2 Career Awareness and Adaptability

How to Represent the Life and Career Ready Standards and Performance Expectations

Grade or Grade Span 9-Diploma A.1 Standard and Performance Expectation

Strand

A. Self-Knowledge and Life Skills

Standard

A.1 Self-Knowledge

Students demonstrate an understanding of their own capabilities, characteristics, attitudes and how these attributes impact their future choices, including local, state, national, and global opportunities.

Childhood

Performance Expectations

Kindergarten

Grade 1

Grade 2

Students demonstrate and reflect on likes and dislikes.

Students demonstrate and reflect on likes and dislikes that impact future choices.

Students demonstrate and reflect on personal characteristics and attitudes that impact future choices.

Performance Expectations

Grade 3

Grade 4

Grade 5

Students demonstrate and reflect on personal characteristics, attitudes, and interests that develop life skills and lead to career readiness.

Students demonstrate and reflect on personal characteristics, attitudes, and interests that develop life skills and lead to career readiness with a local community focus.

Students demonstrate and reflect on personal characteristics, attitudes, and interests that develop life skills and lead to career readiness with a state of Maine focus.

Early Adolescence

Performance Expectation

Grades 6-8

Students demonstrate and reflect on personal characteristics, attitudes, and interests that develop life skills and lead to career readiness, emphasizing national and global awareness.

Adolescence

Performance Expectation

Grades 9-Diploma

Students demonstrate and reflect on personal characteristics, attitudes, and interests that develop life skills and assist in making post high school career and life decisions.

Strand

A. Self-Knowledge and Life Skills

Standard

A.2 Life Skills

Students demonstrate positive interpersonal and life skills and understand how they are important to success in relationships, school, work, and community.

Childhood

Performance Expectations

Kindergarten

Grade 1

Grade 2

Students demonstrate and reflect on social skills that influence interpersonal relationships in positive ways in the classroom.

1. Get along with others
2. Follow established expectations for observing and listening.

Students demonstrate and reflect on social skills that influence interpersonal relationships in positive ways in the classroom.

1. Accept and give constructive feedback.

Students demonstrate and reflect on social skills that influence interpersonal relationships in positive ways in the classroom.

1. Use effective communication to manage conflict.

Performance Expectations

Grade 3

Grade 4

Grade 5

Students demonstrate and reflect on social skills that influence interpersonal relationships in positive ways in school.

1. Be a responsible member or leader of a team.

Students demonstrate and reflect on social skills that influence interpersonal relationships in positive ways in school and the local community.

1. Exhibit ethical behavior.

Students demonstrate and reflect on skills that influence interpersonal relationships in positive ways in school and the Maine community.

1. Use strategies to cope with interpersonal issues.
2. Use organizational skills and time management strategies.

Strand

A. Self-Knowledge and Life Skills

Standard

A.2 Life Skills

Students demonstrate positive interpersonal and life skills and understand how they are important to success in relationships, school, work, and community.

Early Adolescence

Performance Expectation

Grades 6-8

Students demonstrate and reflect on skills that influence interpersonal relationships in positive ways in school, work, and the regional and national community.

1. Work independently to solve problems.
2. Work as a productive member or leader of a team.
3. Demonstrate the ability to resolve conflicts and to negotiate acceptable solutions.

Adolescence

Performance Expectation

Grades 9-Diploma

Students demonstrate and reflect on skills that influence interpersonal relationships in positive ways in school, work, and the global community.

1. Use a variety of communication skills in a responsible manner.
2. Exhibit ethical behavior, including responsibility for self and others.
3. Understand and exhibit professionalism in changing situations and environments.

Strand

A. Self-Knowledge and Life Skills

Standard

A.3 Problem Solving

Students are engaged community members who identify problems and apply skills to resolve problems within local and global communities

Childhood

Performance Expectations

Kindergarten

Grade 1

Grade 2

Students use and analyze communication skills in their classroom.

Students use and analyze problem-solving skills in their classroom.

Students use and analyze communication and problem-solving skills in their school.

Performance Expectations

Grade 3

Grade 4

Grade 5

Students integrate and analyze communication, collaboration, and problem-solving skills in their school.

Students integrate and analyze communication, collaboration, and problem-solving skills in their local community.

Students apply skills to analyze and creatively solve problems that impact their schools and local communities.

Early Adolescence

Performance Expectation

Grades 6-8

Students evaluate and develop problem-solving skills and resolve problems within the community.

1. Evaluate skills and understand gaps in skill sets.
2. Develop creative solutions to meet local and global needs.

Adolescence

Performance Expectation

Grades 9-Diploma

Students evaluate and implement strategies to manage multiple roles and responsibilities as involved members of their local and global communities.

1. Evaluate responsibilities and potential impact as students, community members and employees.
2. Engage in issues impacting local and global communities.

Strand

B. Aspirations

Standard

B.1 Exploring Opportunities

Students understand their options and can navigate choices and experiences concerning interests and future opportunities.

Childhood

Performance Expectations

Kindergarten

Grade 1

Grade 2

Students engage in new experiences and ask questions to promote creativity and curiosity about their interests.

Students use resources, seeking help proactively and asking questions when needed, to promote creativity and curiosity about their interests.

Students recognize and analyze available resources, using strategies described by others to promote creativity and curiosity about their interests.

Performance Expectations

Grade 3

Grade 4

Grade 5

Students integrate communication, collaboration, and problem-solving skills to identify and reflect on interests.

Students analyze and apply learning strategies to discover emerging questions and pursue new interests.

Students use learning strategies and available resources to explore future opportunities.

Early Adolescence

Performance Expectation

Grades 6-8

Students use and analyze resources to purposely and creatively explore a variety of post high school options.

Adolescence

Grades 9-Diploma

Performance Expectation

Students articulate a variety of post high school options based on individualized, in-depth exploration.

Strand

C. Building Pathways for the Future

Standard

C.1 Planning

Students develop goals and implement career and life plans.

Childhood

Performance Expectations

Kindergarten

Grade 1

Grade 2

Students participate in the development of classroom guidelines.

Students reflect upon and adjust classroom guidelines with guidance.

Students develop an awareness of goals and goal-setting practices.

Performance Expectations

Grade 3

Grade 4

Grade 5

Students engage in the goal-setting process.

Students reflect upon and adjust individual academic goals.

Students use feedback and experiences to develop, implement, and adjust goals.

1. Demonstrate ability to learn from mistakes.

Early Adolescence

Performance Expectation

Grades 6-8

Students develop, implement, and adjust goals as they relate to potential future paths.

1. Demonstrate awareness of available academic opportunities, course levels, alternate options, and timelines.
2. Draw on curiosity to seek out meaningful career exploration opportunities in interactive settings.

Adolescence

Performance Expectation

Grades – 9-Diploma

Students develop, take steps to implement, and reflect on individualized, post high school plans.

1. Analyze educational achievement and performance strategies as it relates to future choices, adapting plans as needed.
2. Seek out meaningful career exploration opportunities, both individually and in small-group interactive settings.
3. Understand the financial impact of post high school credentialing programs, using that awareness to inform plans.

Strand

C. Building Pathways for the Future

Standard

C.2 Career Awareness and Adaptability

Students integrate personal aptitudes and interests, changing employment trends, community and societal needs, and current economic conditions into ongoing career plans, adapting as necessary.

Childhood

Performance Expectations

Kindergarten

Grade 1

Grade 2

Students explore jobs/careers and how these roles contribute to the community.

Students explore jobs/careers of individual interest and how these roles contribute to the community.

Students connect classroom learning with workplace skills and roles in the community.

Performance Expectations

Grade 3

Grade 4

Grade 5

Students explore the concept of career clusters.

Students identify and reflect on skills and education related to various career clusters.

Students identify and reflect on skills and education requirements of occupations within and across career clusters of interest to them.

Early Adolescence

Performance Expectation

Grades 6-8

Students consider personal aptitudes, evolving personal interests and current employment trends, locally and globally, as they develop future plans.

1. Identify horizontal and vertical opportunities (within career cluster hierarchies) related to personal aptitudes and interests and the skills needed for potential career options.
2. Recognize that career planning to attain career goals is a lifelong process.
3. Use knowledge of career clusters to develop and adapt career plans.

Adolescence

Performance Expectation

Grades 9-Diploma

Students are aware of changing career and economic trends and can adapt their personal plan to meet situational needs, personal aptitudes and interests.

1. Reflect on personal growth and alternative perspectives.
2. Analyze and adjust approach, timeline, and plan as needed.
3. Explore credentialing requirements.
4. Plan strategically (informed by changing career and economic trends) and choose learning experiences/courses/classes that strengthen knowledge and skills needed for individual next steps after high school.

ENGLISH LANGUAGE ARTS STANDARDS INTRODUCTION

Literacy is a basic human right, achievable by all students. Today’s learners need to know how to read, write, speak, and communicate effectively in order to survive in an ever-changing and challenging global society. English Language Arts/Literacy is the foundation for learning in all of the content areas. The literacy continuum develops across an individual’s lifetime, but literacy does not reside solely in the individual person; it requires and creates relationships with others through communication and interaction. Literacy is a developmental process that empowers students to become lifelong, effective learners and communicators.

The Maine Learning Results English Language Arts/Language standards are organized into four strands: Language, Speaking and Listening, Reading, and Writing. Each strand represents a body of knowledge and skills that students need to become lifelong learners. These strands are further broken down into standards that identify enduring understandings and skills that transfer across contexts, content areas, and grade levels. As students progress through the curriculum, the standards are broken down into Performance Expectations that are grouped by grade level through grade 5 and then are banded 6-8 and 9-Diploma. The Performance Expectations define skills and establish measurable articulations of what the student understands and can do.

The standards reference “Various Text Types” rather than emphasizing any one particular genre. Teachers are encouraged to use a variety of text types, including literature and informational texts in multiple formats. The skills outlined by the standards are designed so that students can receive literacy instruction with each text they encounter across all disciplines.

Guiding Principles

The Guiding Principles steer education in Maine and are reflected and embedded throughout the English Language Arts/Literacy standards. Examples of how students can show evidence of those guiding principles in English Language Arts/Literacy may include (but are not limited to) the following suggestions:

Clear and effective communicator: Students participate in a range of evidence-based discussions and generate detailed writing that are both used to communicate ideas clearly with others.

A self-directed and lifelong learner: Studentsapply knowledge in new contexts and demonstrate flexibility including the ability to learn, unlearn and relearn.

A creative and practical problem solver: Students use inquiry and writing processes that require adaptation to feedback through the use of reflection, sometimes persevering through multiple attempts.

A responsible and involved citizen: Studentsdemonstrate ethical behavior, particularly during the discussion of ideas, maintaining awareness of, and respect for, multiple and diverse perspectives.

An integrative and informed thinker: Students frequently read, evaluate, and synthesize information and ideas from multiple sources, incorporating it into both oral and written communication.

LANGUAGE

Throughout the developmental continuum in English Language Arts/Literacy and across all content areas, language is the core of understanding and comprehension. Context is key. Human understanding is founded in communication and language, and organic experiences are the most effective means of learning language skills. While the language standards are presented separately from reading, writing, speaking, and listening, they are best utilized and presented as embedded skills within the other strands. A balance must be found between direct instruction of standards, like vocabulary acquisition and spelling, and integrated instruction of standards, like vocabulary use and nuance.

These standards are not a checklist, but key components of reading, writing, speaking, and listening instruction, and they should be treated as such. Frequent, intentional reference to and instruction in these skills is essential to teaching students to be clear communicators in every medium and field.

Each language standard may contain multiple concepts, at different levels of complexity. In early adolescence and adolescence grade spans, these are best taught in order as listed, even across grade levels, to provide students with the foundational knowledge required for success as they progress, not just through school, but through life. Developing facility with the language standards is key to building comprehension and fluency with increasingly complex texts and communications.

Strand

LANGUAGE: CONVENTIONS OF STANDARD ENGLISH

Standard 1

Demonstrate command of the conventions of Standard English grammar and usage when writing or speaking.

Grade

Childhood

Kindergarten

Grade 1

Grade 2

Performance

Expectations

1. Use frequently occurring nouns and verbs.

2. Form regular plural nouns orally by adding /s/ or /es/ (e.g., dog, dogs; wish, wishes ).

3. Understand and use question words (interrogatives) (e.g., who, what, where, when, why, how ).

4. Use the most frequently occurring prepositions (e.g., to, from, in, out, on, off, for, of, by, with ).

5. Produce and expand complete sentences in shared language activities.

6. Use common, proper, and possessive nouns.

7. Use singular and plural nouns with matching verbs in basic sentences (e.g., He hops; We hop ).

8. Use personal, possessive, and indefinite pronouns (e.g., I, me, my; they, them, their; anyone, everything ).

9. Use verbs to convey a sense of past, present, and future (e.g., Yesterday I walked home; Today I walk home; Tomorrow I will walk home ).

10. Use frequently occurring adjectives.

11. Use frequently occurring conjunctions (e.g., and, but, or, so, because ).

12. Use determiners (e.g., articles, demonstratives ).

13. Use frequently occurring prepositions (e.g., during, beyond, toward ).

14. Produce and expand complete simple and compound declarative, interrogative, imperative, and exclamatory sentences in response to prompts.

15. Use collective nouns (e.g., group ).

16. Form and use frequently occurring irregular plural nouns (e.g., feet, children, teeth, mice, fish ).

17. Use reflexive pronouns (e.g., myself, ourselves ).

18. Form and use the past tense of frequently occurring irregular verbs (e.g., sat, hid, told ).

19. Use adjectives and adverbs; choose between them depending on what is to be modified.

20. Produce, expand, and rearrange complete simple and compound sentences (e.g., The boy watched the movie; The little boy watched the movie; The action movie was watched by the little boy ).

Grade

Childhood

Grade 3

Grade 4

Grade 5

Performance Expectations

1. Explain the function of nouns, pronouns, verbs, adjectives, and adverbs in general and their functions in particular sentences.

2. Form and use regular and irregular plural nouns.

3. Use abstract nouns (e.g., childhood ).

4. Form and use regular and irregular verbs.

5. Form and use the simple (e.g., I walked; I walk; I will walk ) verb tenses.

6. Ensure subject-verb and pronoun-antecedent agreement.

7. Form and use comparative and superlative adjectives and adverbs, and choose

8. between them depending on what is to be modified.

9. Standards for Language 3

10. Use coordinating and subordinating conjunctions.

11. Produce simple, compound, and complex sentences.

12. Use relative pronouns ( who, whose, whom, which, that ) and relative adverbs ( where, when, why ).

13. Form and use the progressive (e.g., I was walking; I am walking; I will be walking ) verb tenses.

14. Use modal auxiliaries (e.g., can, may, must ) to convey various conditions.

15. Order adjectives within sentences according to conventional patterns (e.g., a small red bag rather than a red small bag ).

16. Form and use prepositional phrases.

17. Produce complete sentences, recognizing and correcting inappropriate fragments and run-ons. *

18. Correctly use frequently confused words (e.g., to, too, two; there, their ).

19. Explain the function of conjunctions, prepositions, and interjections in general and their function in particular sentences.

20. Form and use the perfect (e.g., I had walked; I have walked; I will have walked ) verb tenses.

21. Use verb tense to convey various times, sequences, states, and conditions.

22. Recognize and correct inappropriate shifts in verb tense.

23. Use correlative conjunctions (e.g., either/or, neither/nor ).

Grade Span

Early Adolescence

Grades 6-8

Performance Expectations

1. Ensure that pronouns are in the proper case (subjective, objective, possessive).
2. Use intensive pronouns (e.g., myself, ourselves ).
3. Recognize and correct inappropriate shifts in pronoun number and person.
4. Recognize and correct vague pronouns (i.e., ones with unclear or ambiguous antecedents).
5. Recognize variations from standard English in their own and others' writing and speaking and identify and use strategies to improve expression in conventional language.
6. Explain the function of phrases and clauses in general and their function in specific sentences.
7. Choose among simple, compound, complex, and compound-complex sentences to signal differing relationships among ideas.
8. Place phrases and clauses within a sentence, recognizing and correcting misplaced and dangling modifiers
9. Explain the function of verbals (gerunds, participles, infinitives) in general and their function in particular sentences.
10. Form and use verbs in the active and passive voice.
11. Form and use verbs in the indicative, imperative, interrogative, conditional, and subjunctive mood.
12. Recognize and correct inappropriate shifts in verb voice and mood.

Grade Span

Adolescence

Grades 9-Diploma

1. Use parallel structure.
2. Use various types of phrases (noun, verb, adjectival, adverbial, participial, prepositional, absolute) and clauses (independent, dependent; noun, relative, adverbial) to convey specific meanings and add variety and interest to writing or presentations.
3. Apply the understanding that usage is a matter of convention, can change over time, and is sometimes contestable.
4. Resolve issues of complex or contested usage, consulting references as needed.

Strand

LANGUAGE: CONVENTIONS OF STANDARD ENGLISH

Standard 2

Demonstrate command of the conventions of Standard English capitalization, punctuation, and spelling when writing.

Grade

Childhood

Kindergarten

Grade 1

Grade 2

Performance Expectations

1. Capitalize the first word in a sentence and the pronoun I .

2. Recognize and name end punctuation.

3. Write a letter or letters for most consonant and short-vowel sounds (phonemes).

4. Spell simple words phonetically, drawing on knowledge of sound-letter relationships.

5. Capitalize dates and names of people.

6. Use end punctuation for sentences.

7. Use commas in dates and to separate single words in a series.

8. Use conventional spelling for words with common spelling patterns and for frequently occurring irregular words.

9. Spell untaught words phonetically, drawing on phonemic awareness and spelling conventions.

10. Capitalize holidays, product names, and geographic names.

11. Use commas in greetings and closings of letters.

12. Use an apostrophe to form contractions and frequently occurring possessives.

13. Generalize learned spelling patterns when writing words (e.g., cage→ badge; boy→ boil).

14. Consult reference materials, including beginning dictionaries, as needed to check and correct spellings.

Grade

Childhood

Grade 3

Grade 4

Grade 5

Performance Expectations

1. Capitalize appropriate words in titles.
2. Use commas in addresses.
3. Use commas and quotation marks in dialogue.
4. Form and use possessives.
5. Use conventional spelling for high-frequency and other studied words and for adding suffixes to base words (e.g., sitting, smiled, cries, happiness ).
6. Use spelling patterns and generalizations (e.g., word families, position-based

spellings, syllable patterns, ending rules, meaningful word parts) in writing words.

1. Consult reference materials, including beginning dictionaries, as needed to check and correct spellings.

2. Use correct capitalization.

3. Use commas and quotation marks to mark direct speech and quotations from a text.

4. Use a comma before a coordinating conjunction in a compound sentence.

5. Spell grade-appropriate words correctly, consulting references as needed.

6. Use punctuation to separate items in a series.

7. Use a comma to separate an introductory element from the rest of the sentence.

8. Use a comma to set off the words yes and no (e.g., Yes, thank you ), to set off a tag question from the rest of the sentence (e.g., It's true, isn't it? ), and to indicate direct address (e.g., Is that you, Steve ?).

9. Use underlining, quotation marks, or italics to indicate titles of works.

10. Spell grade-appropriate words correctly, consulting references as needed.

Grade Span

Early Adolescence

Grades 6-8

Performance Expectations

1. Spell correctly.
2. Use punctuation (commas, parentheses, dashes) to set off nonrestrictive/parenthetical elements.
3. Use a comma to separate coordinate adjectives (e.g., It was a fascinating, enjoyable movie but not He wore an old[,] green shirt) .
4. Use punctuation (comma, ellipsis, dash) to indicate a pause or break.
5. Use an ellipsis to indicate an omission.

Grade Span

Adolescence

Grades 9-Diploma

Performance Expectations

1. Use a semicolon (and perhaps a conjunctive adverb) to link two or more closely related independent clauses.
2. Use a colon to introduce a list or quotation.
3. Observe hyphenation conventions.
4. Spell correctly.

Strand

LANGUAGE: KNOWLEDGE OF LANGUAGE

Standard 3

Apply knowledge of language to understand how language functions in different contexts, to make effective choices for meaning or style in writing and speaking, and to comprehend more fully when reading or listening.

Grade

Childhood

Kindergarten

Grade 1

Grade 2

Performance

Expectations

Use knowledge of language and its conventions when speaking or listening.

Use knowledge of language and its conventions when writing, speaking, reading, or listening.

Use knowledge of language and its conventions when writing, speaking, reading, or listening.

1. Compare formal and informal uses of English.

Childhood

Grade 3

Grade 4

Grade 5

Performance

Expectations

Use knowledge of language and its conventions when writing, speaking, reading, or listening.

1. Choose words and phrases for effect.
2. Recognize and observe differences between the conventions of spoken and written standard English.

Use knowledge of language and its conventions when writing, speaking, reading, or listening.

1. Choose words and phrases to convey ideas precisely.
2. Choose punctuation for effect.
3. Differentiate between contexts that call for formal English (e.g., presenting ideas) and situations where informal discourse is appropriate (e.g., small-group discussion).

Use knowledge of language and its conventions when writing, speaking, reading, or listening.

1. Expand, combine, and reduce sentences for meaning, reader/listener interest, and style.
2. Compare and contrast the varieties of English (e.g., dialects, registers) used in stories, dramas, or poems.

Grade Span

Early Adolescence

Grades 6-8

Performance Expectations

1. Vary sentence patterns for meaning, reader/listener interest, and style.
2. Maintain consistency in style and tone.
3. Choose language that expresses ideas precisely and concisely, recognizing and eliminating wordiness and redundancy.
4. Use verbs in the active and passive voice and in the conditional and subjunctive mood to achieve particular effects (e.g., emphasizing the actor or the action; expressing uncertainty or describing a state contrary to fact).

Grade Span

Adolescence

Grades 9-Diploma

Performance Expectations

1. Write and edit work so that it conforms to the guidelines in a style manual appropriate for the discipline and writing task.
2. Vary syntax for effect, consulting references for guidance as needed; apply an understanding of syntax to the study of complex texts when reading.

Strand

LANGUAGE: VOCABULARY ACQUISITION AND USE

Standard 4

Use context clues, analyze meaningful word parts, and consult general and specialized reference materials as appropriate to determine or clarify the meaning of unknown and multiple-meaning words and phrases from grade level content.

Grade

Childhood

Kindergarten

Grade 1

Grade 2

Performance

Expectations

Determine or clarify the meaning of unknown and multiple-meaning words and phrases based on kindergarten reading and content.

1. Identify new meanings for familiar words and apply them accurately (e.g., knowing duck is a bird and learning the verb to duck ).
2. Use the most frequently occurring inflections and affixes (e.g., -ed, -s, re-, un-, pre-, -ful, -less ) as a clue to the meaning of an unknown word.

Determine or clarify the meaning of unknown and multiple-meaning words and phrases based on grade 1 reading and content , choosing flexibly from an array of strategies.

1. Use sentence-level context as a clue to the meaning of a word or phrase.
2. Use frequently occurring affixes as a clue to the meaning of a word.
3. Identify frequently occurring root words (e.g., look) and their inflectional forms (e.g., looks, looked, looking ).

Determine or clarify the meaning of unknown and multiple-meaning words and phrases based on grade 2 reading and content , choosing flexibly from an array of strategies.

1. Use sentence-level context as a clue to the meaning of a word or phrase.
2. Determine the meaning of the new word formed when a known prefix is added to a known word (e.g., happy/unhappy, tell/retell ).
3. Use a known root word as a clue to the meaning of an unknown word with the same root (e.g., addition, additional ). d. Use knowledge of the meaning of individual words to predict the meaning of compound words (e.g., birdhouse, lighthouse, housefly; bookshelf, notebook, bookmark ).
4. Use glossaries and beginning dictionaries, both print and digital, to determine or clarify the meaning of words and phrases.

Grade

Childhood

Grade 3

Grade 4

Grade 5

Performance Expectations

Determine or clarify the meaning of unknown and multiple-meaning words and phrases based on g rade 3 reading and content , choosing flexibly from a range of strategies.

1. Use sentence-level context as a clue to the meaning of a word or phrase.
2. Determine the meaning of the new word formed when a known affix is added to a known word (e.g., agreeable/disagreeable, comfortable/uncomfortable, care/careless, heat/preheat ).
3. Use a known root word as a clue to the meaning of an unknown word with the same root (e.g., company, companion ).
4. Use glossaries or beginning dictionaries, both print and digital, to determine or clarify the precise meaning of key words and phrases.

Determine or clarify the meaning of unknown and multiple-meaning words and phrases based on grade 4 reading and content , choosing flexibly from a range of strategies.

1. Use context (e.g., definitions, examples, or restatements in text) as a clue to the meaning of a word or phrase.
2. Use common, grade-appropriate Greek and Latin affixes and roots as clues to the meaning of a word (e.g., telegraph, photograph, autograph ).
3. Consult reference materials (e.g., dictionaries, glossaries, thesauruses), both print and digital, to find the pronunciation and determine or clarify the precise meaning of key words and phrases.

Determine or clarify the meaning of unknown and multiple-meaning words and phrases based on grade 5 reading and content , choosing flexibly from a range of strategies.

1. Use context (e.g., cause/effect relationships and comparisons in text) as a clue to the meaning of a word or phrase.
2. Use common, grade-appropriate Greek and Latin affixes and roots as clues to the meaning of a word (e.g., photograph, photosynthesis ).
3. Consult reference materials (e.g., dictionaries, glossaries, thesauruses), both print and digital, to find the pronunciation and determine or clarify the precise meaning of key words and phrases.

Grade Span

Early Adolescence

Grades 6-8

Performance Expectations

1. Use context (e.g., the overall meaning of a sentence or paragraph; a word's position or function in a sentence) as a clue to the meaning of a word or phrase.
2. Use common, grade-appropriate Greek or Latin affixes and roots as clues to the meaning of a word (e.g., audience, auditory, audible in 6th grade; belligerent, bellicose, rebel in 7th grade; precede, recede, secede in 8th grade ).
3. Consult general and specialized reference materials (e.g., dictionaries, glossaries, thesauruses) to find the pronunciation of a word or determine or clarify its precise meaning or its part of speech.
4. Verify the preliminary determination of the meaning of a word or phrase (e.g., by checking the inferred meaning in context or in a dictionary).

Grade Span

Adolescence

Grades 9-Diploma

Performance Expectations

1. Use context (e.g., the overall meaning of a sentence, paragraph, or text; a word's position or function in a sentence) as a clue to the meaning of a word or phrase.
2. Identify and correctly use patterns of word changes that indicate different meanings or parts of speech (e.g., conceive, conception, conceivable ).
3. Consult general and specialized reference materials (e.g., dictionaries, glossaries, thesauruses) to find the pronunciation of a word or determine or clarify its precise meaning, its part of speech, its etymology, or its usage.
4. Verify the preliminary determination of the meaning of a word or phrase (e.g., by checking the inferred meaning in context or in a dictionary).

Strand

LANGUAGE: VOCABULARY ACQUISITION AND USE

Standard 5

Demonstrate understanding of figurative language, word relationships, and nuances in word meanings sufficient for reading, writing, speaking, and listening.

Grade

Childhood

Kindergarten

Grade 1

Grade 2

Performance

Expectations

With guidance and support from adults, explore word relationships and nuances in word meanings.

1. Sort common objects into categories (e.g., shapes, foods) to gain a sense of the concepts the categories represent.
2. Demonstrate understanding of frequently occurring verbs and adjectives by relating them to their opposites (antonyms).
3. Identify real-life connections between words and their use (e.g., note places at school that are colorful ).
4. Distinguish shades of meaning among verbs differing in manner (e.g., look, peek, glance, stare, glare, scowl ) and adjectives differing in intensity (e.g., large, gigantic ) by defining or choosing them or by acting out the meanings.

With guidance and support from adults, demonstrate an understanding of word relationships and nuances in word meanings.

1. Sort words into categories (e.g., colors, clothing) to gain a sense of the concepts the categories represent.
2. Define words by category and by one or more key attributes (e.g., a duck is a bird that swims; a tiger is a large cat with stripes).
3. Identify real-life connections between words and their use (e.g., note places at home that are cozy ).
4. Distinguish shades of meaning among verbs differing in manner (e.g., look, peek, glance, stare, glare, scowl ) and adjectives differing in intensity (e.g., large, gigantic ) by defining or choosing them or by acting out the meanings.

Demonstrate understanding of word relationships and nuances in word meanings.

1. Identify real-life connections between words and their use (e.g., describe foods that are spicy or juicy ).
2. Distinguish shades of meaning among closely related verbs (e.g., toss, throw, hurl ) and closely related adjectives (e.g., thin, slender, skinny, scrawny ).

Grade

Childhood

Grade 3

Grade 4

Grade 5

Performance Expectations

Demonstrate understanding of word relationships and nuances in word meanings.

1. Distinguish the literal and nonliteral meanings of words and phrases in context (e.g., t ake steps ).

2. Identify real-life connections between words and their use (e.g., describe people who are friendly or helpful ).

3. Distinguish shades of meaning among related words that describe states of mind or degrees of certainty (e.g., knew, believed, suspected, heard, wondered ).

4. Demonstrate understanding of figurative language, word relationships, and nuances in word meanings.

5. Explain the meaning of simple similes and metaphors (e.g., as pretty as a picture ) in context.

6. Recognize and explain the meaning of common idioms, adages, and proverbs.

7. Demonstrate understanding of words by relating them to their opposites (antonyms) and to words with similar but not identical meanings (synonyms).

Demonstrate understanding of figurative language, word relationships, and nuances in word meanings.

1. Interpret figurative language, including similes and metaphors, in context.
2. Recognize and explain the meaning of common idioms, adages, and proverbs.
3. Use the relationship between particular words (e.g., synonyms, antonyms, homographs) to better understand each of the words.

Grade Span

Early Adolescence

Grades 6-8

Performance Expectations

1. Interpret figures of speech (e.g. personification in 6th grade; allusions in 7th grade; verbal irony, puns in 8th grade) in context.
2. Use the relationship between particular words (e.g., cause/effect, part/whole, item/category in 6th grade; synonym/antonym, analogy in 7th grade) to better understand each of the words.
3. Distinguish among the connotations of words with similar denotations (e.g., stingy, scrimping, economical, unwasteful, thrifty in 6th grade; refined, respectful, polite, diplomatic, condescending in 7th grade; bullheaded, willful, firm, persistent, resolute in 8th grade ).

Grade Span

Adolescence

Grades 9-Diploma

Performance Expectations

a. Interpret figures of speech (e.g., euphemism, oxymoron, hyperbole, paradox) in context and analyze their role in the text.

b. Analyze nuances in the meaning of words with similar denotations.

Strand

LANGUAGE: VOCABULARY ACQUISITION AND USE

Standard 6

Acquire and use accurately a range of general academic and domain-specific words and phrases sufficient for reading, writing, speaking, and listening; demonstrate independence in gathering vocabulary knowledge when encountering an unknown term important to comprehension or expression.

Grade

Childhood

Kindergarten

Grade 1

Grade 2

Performance Expectations

Use words and phrases acquired through conversations, reading and being read to, and responding to texts.

Use words and phrases acquired through conversations, reading and being read to, and responding to texts, including using frequently occurring conjunctions to signal simple relationships (e.g., because ).

Use words and phrases acquired through conversations, reading and being read to, and responding to texts, including using adjectives and adverbs to describe (e.g., When other kids are happy that makes me happy ).

Grade

Childhood

Grade 3

Grade 4

Grade 5

Performance Expectations

Acquire and use accurately grade-appropriate conversational, general academic, and domain-specific words and phrases, including those that signal spatial and temporal relationships (e.g., After dinner that night we went looking for them ).

Acquire and use accurately grade-appropriate general academic and domain-specific words and phrases, including those that signal precise actions, emotions, or states of being (e.g., quizzed, whined, stammered ) and that are basic to a particular topic (e.g., wildlife, conservation, and endangered when discussing animal preservation).

Acquire and use accurately grade-appropriate general academic and domain-specific words and phrases, including those that signal contrast, addition, and other logical relationships (e.g., however, although, nevertheless, similarly, moreover, in addition ).

Grade Span

Early Adolescence

Grades 6-8

Performance

Expectations

Acquire and use accurately grade-appropriate general academic and domain-specific words and phrases; gather vocabulary knowledge when considering a word or phrase important to comprehension or expression.

Grade Span

Adolescence

Grades 9-Diploma

Performance Expectations

Acquire and use accurately general academic and domain-specific words and phrases, sufficient for reading, writing, speaking, and listening at the college and career readiness level; demonstrate independence in gathering vocabulary knowledge when considering a word or phrase important to comprehension or expression.

SPEAKING AND LISTENING

Speaking and listening are essential components in our schools, our homes, our communities, and our places of work. Direct, interpersonal communication is the cornerstone of human relationships, and nowhere is this more clearly articulated than in dialogue, discussion, presentation, and debate. Successful students must be able to communicate in multiple mediums, through conversations, interviews, digital presentations, and countless day-to-day interactions that build understanding of their world and the perspectives of their peers. Key to success in our modern world is interaction with diverse others and ever-changing groups, and creating and following community guidelines and rules, which is critical practice for civic responsibility later in life.

Speaking and listening standards do not stand alone; like all Language Arts skills, they are interconnected. Early speaking and listening skills in primary grades are foundational to close reading skills in later grades, and throughout school and life the ability to understand, analyze, and evaluate others’ words helps everyone develop a richer and deeper awareness of human motivation and purpose.

Strand

SPEAKING AND LISTENING: COMPREHENSION AND COLLABORATION

Standard 1

Prepare for and participate in conversations across a range of topics, types, and forums, building on others’ ideas and expressing their own.

Grade

Childhood

Kindergarten

Grade 1

Grade 2

Performance Expectations

1. Participate in collaborative conversations about kindergarten topics and texts with peers and adults in small and larger groups.

2. Follow agreed-upon rules for discussions (e.g., listening to others and taking turns speaking about the topics and texts under discussion).

3. Continue a conversation through multiple exchanges.

4. Participate in collaborative conversations about grade 1 topics and texts with peers and adults in small and larger groups.

5. Follow agreed-upon rules for discussions (e.g., listening to others with care, speaking one at a time about the topics and texts under discussion).

6. Build on others' talk in conversations by responding to the comments of others through multiple exchanges.

7. Ask questions to clear up any confusion about the topics and texts under discussion.

8. Participate in collaborative conversations about grade 2 topics and texts with peers and adults in small and larger groups.

9. Follow agreed-upon rules for discussions (e.g., gaining the floor in respectful ways, listening to others with care, speaking one at a time about the topics and texts under discussion).

10. Build on others' talk in conversations by linking their comments to the remarks of others.

11. Ask for clarification and further explanation as needed about the topics and texts under discussion.

Grade

Childhood

Grade 3

Grade 4

Grade 5

Performance Expectations

1. Engage effectively in a range of collaborative discussions (one-on-one, in groups, student-led and teacher-led) on grade 3 topics and texts, building on others' ideas and expressing their own clearly.

2. Come to discussions prepared, having read or studied required material; explicitly draw on that preparation and other information known about the topic to explore ideas under discussion.

3. Follow agreed-upon rules for discussions (e.g., gaining the floor in respectful ways, listening to others with care, speaking one at a time about the topics and texts under discussion).

4. Ask questions to check understanding of information presented, stay on topic, and link their comments to the remarks of others.

5. Explain their own ideas and understanding in light of the discussion.

6. Engage effectively in a range of collaborative discussions (one-on-one, in groups, student-led, and teacher-led) on grade 4 topics and texts, building on others' ideas and expressing their own clearly.

7. Come to discussions prepared, having read or studied required material; explicitly draw on that preparation and other information known about the topic to explore ideas under discussion.

8. Follow agreed-upon rules for discussions and carry out assigned roles.

9. Pose and respond to specific questions to clarify or follow up on information and make comments that contribute to the discussion and link to the remarks of others.

10. Review the key ideas expressed and explain their own ideas and understanding in light of the discussion.

11. Engage effectively in a range of collaborative discussions (one-on-one, in groups, student-led, and teacher-led) on grade 5 topics and texts, building on others' ideas and expressing their own clearly.

12. Come to discussions prepared, having read or studied required material; explicitly draw on that preparation and other information known about the topic to explore ideas under discussion.

13. Follow agreed-upon rules for discussions and carry out assigned roles.

14. Pose and respond to specific questions by making comments that contribute to the discussion and elaborate on the remarks of others.

15. Review the key ideas expressed and draw conclusions in light of information and knowledge gained from the discussions.

Grade Span

Early Adolescence

Grades 6-8

Performance Expectations

1. Engage effectively in a range of collaborative discussions (one-on-one, in groups, student-led, and teacher-led) on grade 6-8 topics, texts, and issues, building on others' ideas and expressing their own clearly.
2. Come to discussions prepared, having read or researched material under study; explicitly draw on that preparation by referring to evidence on the topic, text, or issue to probe and reflect on ideas under discussion.
3. Follow rules for collegial discussions and decision-making, set and track progress toward specific goals and deadlines, and define individual roles as needed.
4. Pose questions that elicit elaboration, connect the ideas of several speakers, and respond to others' questions and comments with relevant evidence, observations, and ideas.
5. Review the key ideas expressed and demonstrate understanding of multiple perspectives through paraphrasing and reflection. Acknowledge new information expressed by others, and, when warranted, modify, qualify, or justify their own views in light of the evidence presented.

Grade Span

Adolescence

Grades 9-Diploma

Performance Expectations

1. Participate effectively in a range of collaborative discussions (one-on-one, in groups, student-led, and teacher-led) on grades 9-Diploma topics, texts, and issues, building on others' ideas and expressing their own clearly and persuasively.
2. Come to discussions prepared, having read and researched material under study; explicitly draw on that preparation by referring to evidence from texts and other research on the topic or issue to stimulate a thoughtful, well-reasoned exchange of ideas.
3. Work with peers to promote civil, democratic discussions and decision-making, set clear goals and deadlines, and establish individual roles as needed.
4. Propel conversations by posing and responding to questions that probe reasoning and evidence.
5. Respond thoughtfully to diverse perspectives; synthesize comments, claims, and evidence made on all sides of an issue; resolve contradictions when possible; and determine what additional information or research is required to deepen the investigation or complete the task.

Strand

SPEAKING AND LISTENING: COMPREHENSION AND COLLABORATION

Standard 2

Integrate and evaluate information presented in diverse media and formats, including point of view, reasoning, and use of evidence and rhetoric.

Grade

Childhood

Kindergarten

Grade 1

Grade 2

Performance Expectations

1. Confirm understanding of a text read aloud or information presented orally or through other media by asking and answering questions about key details to seek help if something is not understood.

2. Ask and answer questions in order to seek help, gather information, or clarify something that is not understood.

3. Ask and answer questions about key details in a text read aloud or information presented orally or through other media.

4. Ask and answer questions about what a speaker says in order to gather additional information or clarify something that is not understood.

5. Recount or describe key ideas or details from a text read aloud or information presented orally or through other media.

6. Ask and answer questions about what a speaker says in order to clarify comprehension, gather additional information, or deepen understanding of a topic or issue.

Grade

Childhood

Grade 3

Grade 4

Grade 5

Performance Expectations

1. Determine the main ideas and supporting details of a text read aloud or information presented in diverse media and formats.

2. Ask and answer questions about information from a speaker, offering appropriate elaboration and detail.

3. Paraphrase portions of a text read aloud or information presented in diverse media and formats.

4. Identify the reasons and evidence a speaker provides to support particular points.

5. Summarize a written text read aloud or information presented in diverse media and formats.

6. Summarize the points a speaker makes and explain how each claim is supported by reasons and evidence.

Grade Span

Early Adolescence

Grades 6-8

Performance Expectations

1. Interpret information, analyze the main ideas and supporting details, and analyze the purpose of information presented in diverse formats.
2. Explain how the presentation contributes to or clarifies a topic under study, and evaluate the motives (e.g., social, commercial, political) behind its presentation.
3. Delineate a speaker’s argument and specific claims, evaluate the soundness of the reasoning and sufficiency of the evidence, and identify when irrelevant evidence is introduced.

Grade Span

Adolescence

Grades 9-Diploma

Performance Expectations

1. Integrate multiple sources of information presented in diverse formats and media in order to make informed decisions and solve problems, evaluating the credibility and accuracy of each source and noting any discrepancies among the data.
2. Evaluate the speaker’s technique, including use of evidence, reasoning, stylistic and rhetorical elements, or other features appropriate to the task.

Strand

SPEAKING AND LISTENING: PRESENTATION OF KNOWLEDGE AND IDEAS

Standard 3

Present information and supporting evidence appropriate to task, purpose, and audience so listeners can follow the line of reasoning and incorporate multimedia when appropriate.

Grade

Childhood

Kindergarten

Grade 1

Grade 2

Performance Expectations

1. Describe familiar people, places, things, and events and, with prompting and support, provide additional detail.

2. Add drawings or other visual displays to descriptions as desired to provide additional detail.

3. Describe people, places, things, and events with relevant details, expressing ideas and feelings clearly.

4. Add drawings or other visual displays to descriptions when appropriate to clarify ideas, thoughts, and feelings.

5. Describe people, places, things, tell a story, or recount an experience with appropriate facts and relevant, descriptive details, speaking audibly in coherent sentences.

6. Create audio/video recordings of stories or poems; add drawings or other visual displays to stories or recounts of experiences when appropriate to clarify ideas, thoughts, and feelings.

Grade

Childhood

Grade 3

Grade 4

Grade 5

Performance Expectations

1. Report on a topic or text, tell a story, or recount an experience with appropriate facts and relevant, descriptive details, speak clearly at an understandable pace.

2. Create audio/video recordings of stories or poems that demonstrate fluid reading at an understandable pace; add visual displays when appropriate to emphasize or enhance certain facts or details.

3. Report on a topic or text, tell a story, or recount an experience in an organized manner, using appropriate facts and relevant, descriptive details to support main ideas or themes; speak clearly at an understandable pace.

4. Add audio/video recordings and visual displays to presentations when appropriate to enhance the development of main ideas or themes.

5. Report on a topic or text or present an opinion, sequencing ideas logically and using appropriate facts and relevant, descriptive details to support main ideas or themes; speak clearly at an understandable pace.

6. Include multimedia components (e.g., graphics, sound) and visual displays in presentations when appropriate to enhance the development of main ideas or themes.

Grade Span

Early Adolescence

Grades 6-8

Performance Expectations

1. Present claims and findings, emphasizing salient points in a sequenced, focused, coherent manner with relevant evidence, sound and valid reasoning, and well-chosen details.
2. Use appropriate eye contact, adequate volume, and clear pronunciation.
3. When appropriate, integrate multimedia and visual displays into presentations to clarify information, strengthen claims and evidence, and add interest.

Grade Span

Adolescence

Grades 9-Diploma

Performance Expectations

1. Present information, findings, and supporting evidence, conveying a clear and distinct perspective so that listeners can follow the line of reasoning.
2. Address alternative or opposing perspectives; the organization development, substance, and style are appropriate to purpose, audience, and a range of formal and informal tasks.
3. Use appropriate eye contact, adequate volume, and clear pronunciation.
4. Make strategic use of multimedia (e.g., textual, graphical, audio, visual, and interactive elements) in presentations to enhance understanding of findings, reasoning, and evidence.

Strand

SPEAKING AND LISTENING: PRESENTATION OF KNOWLEDGE AND IDEAS

Standard 4

Adapt speech to a variety of contexts, audiences, and communicative tasks.

Grade

Childhood

Kindergarten

Grade 1

Grade 2

Performance Expectations

Speak audibly and express thoughts, feelings, and ideas clearly.

Produce complete sentences when appropriate to task and situation. (See grade 1 Language standards 1 and 3 for specific expectations.)

Produce complete sentences when appropriate to task and situation in order to provide requested detail or clarification. (See grade 2 Language standards 1 and 3 for specific expectations.)

Grade

Childhood

Grade 3

Grade 4

Grade 5

Performance Expectations

Speak in complete sentences when appropriate to task and situation in order to provide requested detail or clarification. (See grade 3 Language standards 1 and 3 for specific expectations.)

Differentiate between contexts that call for different registers (e.g. formal English for presenting ideas and informal discourse for small-group discussion). (See grade 4 Language standards 1 and 3 for specific expectations.)

Adapt speech to a variety of contexts and tasks, demonstrating command of language in the appropriate register. (See grade 5 Language standards 1 and 3 for specific expectations.)

Grade Span

Early Adolescence

Grades 6-8

Performance Expectations

Adapt speech to a variety of contexts, demonstrating command of language in the appropriate register (See grades 6-8 Language standards 1 and 3 for specific expectations.)

Grade Span

Adolescence

Grades 9-Diploma

Performance Expectations

Adapt speech to a variety of contexts, demonstrating a command of language in the appropriate register.

(See grades 9-Diploma Language standards 1 and 3 for specific expectations.)

READING

The goal of all reading instruction is to help students become competent consumers of a wide variety of texts in diverse forms so that they can achieve independence, find meaning, and use literacy for lifelong learning, empowerment, and enjoyment.

A text is anything that can be read, heard or viewed. Texts may include words, images, objects, sounds, and symbols that convey messages from developers to consumers. They broadly encompass multiple purposes, audience appeal, and a wide variety of human experiences that create meaning for the reader. A student’s experience with texts may range from cursive, print and digital fonts. When choosing texts, teachers must consider the qualities of complexity and the diversity of texts each student should experience.

The reading standards are designed progressively, using specificity and scaffolding to engage all readers in pursuing skills and experiences that contribute to personal, communal, and global needs and interests. This design promotes essential reading skills, allowing students to understand and enjoy a wide range of texts from a variety of perspectives. Teachers must employ a balance of research-based instructional approaches and strategies designed to provide multiple opportunities for transfer of learning.

Strand

READING: FOUNDATIONAL SKILLS/ PRINT CONCEPTS

Standard 1

Demonstrate understanding of the organization and basic features of print.

Grade

Childhood

Kindergarten

Grade 1

Grade 2

Performance Expectations

a. Follow words from left to right, top to bottom, and page by page.

b. Recognize that spoken words are represented in written language by

specific sequences of letters.

c. Understand that words are separated by spaces in print.

d. Recognize and name all upper- and lowercase letters of the alphabet.

Recognize the distinguishing features of a sentence (e.g., first word, capitalization, ending punctuation).

Recognize the distinguishing features of a paragraph (e.g. indent).

Grade

Childhood

Grade 3

Grade 4

Grade 5

Performance Expectations

Some learners may enter your classroom without having mastered the skills identified in previous grade levels or grade spans. In cases when this occurs, teachers should

• assess where students are,
• determine what they need to learn to master the skills appropriate to their grade level or grade span, and
• access district resources to help students move toward proficiency.

Some learners may enter your classroom without having mastered the skills identified in previous grade levels or grade spans. In cases when this occurs, teachers should

• assess where students are,
• determine what they need to learn to master the skills appropriate to their grade level or grade span, and
• access district resources to help students move toward proficiency.

Some learners may enter your classroom without having mastered the skills identified in previous grade levels or grade spans. In cases when this occurs, teachers should

• assess where students are,
• determine what they need to learn to master the skills appropriate to their grade level or grade span, and
• access district resources to help students move toward proficiency.

Grade Span

Early Adolescence

Grades 6-8

Performance Expectations

Some learners may enter your classroom without having mastered the skills identified in previous grade levels or grade spans. In cases when this occurs, teachers should

• assess where students are,
• determine what they need to learn to master the skills appropriate to their grade level or grade span, and
• access district resources to move students toward proficiency.

Grade Span

Adolescence

Grades 9-Diploma

Performance Expectations

Some learners may enter your classroom without having mastered the skills identified in previous grade levels or grade spans. In cases when this occurs, teachers should

• assess where students are,
• determine what they need to learn to master the skills appropriate to their grade level or grade span, and
• access district resources to move students toward proficiency.

Strand

READING: FOUNDATIONAL SKILLS/ PHONOLOGICAL AWARENESS

Standard 2

Demonstrate understanding of words, syllables, and sounds (phonemes).

Grade

Childhood

Kindergarten

Grade 1

Grade 2

Performance Expectations

a. Recognize and produce rhyming words.

b. Count, pronounce, blend, and segment syllables in spoken words.

c. Blend and segment onsets and rimes of single-syllable spoken words.

d. Isolate and pronounce the initial, medial vowel, and final sounds (phonemes) in three-phoneme (consonant-vowel-consonant, or CVC) words. (This does not include CVCs ending with /l/, /r/, or /x/.)

e. Add or substitute individual sounds (phonemes) in simple, one-syllable words to make new words.

a. Distinguish long from short vowel sounds in spoken single-syllable words.

b. Produce single-syllable words by blending sounds (phonemes), including consonant blends.

c. Isolate and pronounce initial, medial vowel, and final sounds (phonemes) in spoken single- syllable words.

d. Segment spoken single-syllable words into their complete sequence of individual sounds (phonemes).

Some learners may enter your classroom without having mastered the skills identified in previous grade levels or grade spans. In cases when this occurs, teachers should

• assess where students are,
• determine what they need to learn to master the skills appropriate to their grade level or grade span, and
• access district resources to move students toward proficiency.

Grade

Childhood

Grade 3

Grade 4

Grade 5

Performance Expectations

Some learners may enter your classroom without having mastered the skills identified in previous grade levels or grade spans. In cases when this occurs, teachers should

• assess where students are,
• determine what they need to learn to master the skills appropriate to their grade level or grade span, and access district resources to help students move toward proficiency.

Some learners may enter your classroom without having mastered the skills identified in previous grade levels or grade spans. In cases when this occurs, teachers should

• assess where students are,
• determine what they need to learn to master the skills appropriate to their grade level or grade span, and access district resources to help students move toward proficiency.

Some learners may enter your classroom without having mastered the skills identified in previous grade levels or grade spans. In cases when this occurs, teachers should

• assess where students are,
• determine what they need to learn to master the skills appropriate to their grade level or grade span, and access district resources to help students move toward proficiency.

Grade Span

Early Adolescence

Grades 6-8

Performance Expectations

Some learners may enter your classroom without having mastered the skills identified in previous grade levels or grade spans. In cases when this occurs, teachers should

• assess where students are,
• determine what they need to learn to master the skills appropriate to their grade level or grade span, and
• access district resources to move students toward proficiency.

Grade Span

Adolescence

Grades 9-Diploma

Performance Expectations

Some learners may enter your classroom without having mastered the skills identified in previous grade levels or grade spans. In cases when this occurs, teachers should

• assess where students are,
• determine what they need to learn to master the skills appropriate to their grade level or grade span, and
• access district resources to move students toward proficiency.

Strand

READING: FOUNDATIONAL SKILLS/ PHONICS AND WORD RECOGNITION

Standard 3

Know and apply grade-level phonics and word analysis skills in decoding words.

Grade

Childhood

Kindergarten

Grade 1

Grade 2

Performance Expectations

a. Demonstrate basic knowledge of one-to-one letter-sound correspondences by producing the primary or many of the most frequent sound for each consonant.

b. Associate the long and short sounds with common spellings (graphemes) for the five major vowels.

c. Read common high-frequency words by sight (e.g., the, of, to, you, she, my, is, are, do, does).

d. Distinguish between similarly spelled words by identifying the sounds of the letters that differ

a. Know the spelling-sound correspondences for common consonant digraphs.

b. Decode regularly spelled one- syllable words.

c. Know final -e and common vowel team conventions for representing long vowel sounds.

d. Use knowledge that every syllable must have a vowel sound to determine the number of syllables in a printed word.

e. Decode two-syllable words following basic patterns by breaking the words into syllables.

f. Read words with inflectional endings.

g. Recognize and read grade- appropriate irregularly spelled words.

a. Distinguish long and short vowels when reading regularly spelled one-syllable words.

b. Know spelling-sound correspondences for additional common vowel teams.

c. Decode regularly spelled two-syllable words with long vowels.

d. Decode words with common prefixes and suffixes.

e. Identify words with inconsistent but common spelling-sound correspondences.

f. Recognize and read grade-appropriate irregularly spelled words.

Grade

Childhood

Grade 3

Grade 4

Grade 5

a. Identify and know the meaning of the most common prefixes and derivational suffixes.

b. Decode words with common Latin suffixes.

c. Decode multisyllabic words.

d. Read grade-appropriate irregularly spelled words.

Use combined knowledge of all letter-sound correspondences, syllabication patterns, and

morphology (e.g., roots and affixes) to read accurately unfamiliar multisyllabic words in context and out of context.

Use combined knowledge of all letter-sound correspondences, syllabication patterns, and morphology (e.g., roots and affixes) to read accurately unfamiliar multisyllabic words in context and out of context.

Grade Span

Early Adolescence

Grades 6-8

Performance Expectations

Some learners may enter your classroom without having mastered the skills identified in previous grade levels or grade spans. In cases when this occurs, teachers should

• assess where students are,
• determine what they need to learn to master the skills appropriate to their grade level or grade span, and
• access district resources to help students move toward proficiency.

Grade Span

Adolescence

Grades 9-Diploma

Performance Expectations

Some learners may enter your classroom without having mastered the skills identified in previous grade levels or grade spans. In cases when this occurs, teachers should

• assess where students are,
• determine what they need to learn to master the skills appropriate to their grade level or grade span, and
• access district resources to help students move toward proficiency.

Strand

READING/KEY IDEAS AND DETAILS

Standard 4

Read various texts closely to determine what each text explicitly says and to make logical inferences; cite specific textual evidence to support conclusions drawn from the texts.

Grade

Childhood

Kindergarten

Grade 1

Grade 2

Performance Expectations

Ask and answer questions with prompting and support about who, what, when, where, and how.

Ask and answer questions about who, what, when, where, and how.

Ask and answer questions about who, what, when, where, how and why.

Grade

Childhood

Grade 3

Grade 4

Grade 5

Performance Expectations

Ask and answer questions to demonstrate understanding of a text, referring explicitly to the text as the basis for the answers.

Refer to details and examples in a text when explaining what the text says explicitly and when making inferences.

Accurately quote details and examples from the text when explaining what the text says explicitly and when making inferences.

Grade Span

Early Adolescence

Grades 6-8

Performance Expectations

Cite several pieces of textual evidence that most strongly support an analysis of what the text says explicitly as well as inferences drawn from the text.

Grade Span

Adolescence

Grades 9-Diploma

Performance Expectations

Cite strong and thorough textual evidence to support analysis of various texts in ways that demonstrate what the text(s) says explicitly and implicitly, including attending to moments of textual inconsistency or ambiguity.

Strand

READING/KEY IDEAS AND DETAILS

Standard 5

Provide an accurate summary of various texts; determine the central idea(s) or theme(s) and analyze its development throughout each text.

Grade

Childhood

Kindergarten

Grade 1

Grade 2

Performance Expectations

1. Retell familiar texts with prompting and support, including details about who, what, when, where, and how.

2. Retell key details of texts with prompting and support, including the main topic.

3. Retell texts, including details about who, what, when, where, and how; demonstrate an understanding of the theme.

4. Retell key details of texts, including the main topic.

5. Retell texts, including details about who, what, when, where, how, and why; demonstrate understanding of the theme.

6. Identify the main topic of a multi-paragraph text and the central ideas of specific paragraphs.

Grade

Childhood

Grade 3

Grade 4

Grade 5

Performance Expectations

1. Retell texts, including details about who, what, when, where, why and how; explain how the theme is supported.

2. Explain how the key details support the central idea of a text.

3. Summarize texts, including details about who, what, when, where, how and why; explain how the theme is supported.

4. Summarize texts, including how the key details support the central idea.

5. Summarize texts, including theme and character development.

6. Summarize texts, including how the key details support two or more central ideas.

Grade Span

Early Adolescence

Grades 6-8

Performance Expectations

1. Provide an accurate summary of various texts;
2. Determine theme(s) or central idea(s) and analyze how its development is conveyed over the course of the texts, including its relationship to specific supporting details.

Grade Span

Adolescence

Grades 9-Diploma

Performance Expectations

1. Provide accurate summaries of various texts that make clear the relationships among the key details and ideas.
2. Determine the theme(s) or central idea(s) of various texts and analyze the development of the theme(s) or central idea(s) over the course of the texts, including how elements interact and build on one another, to provide a complex account or analysis.

Strand

READING: KEY IDEAS AND DETAILS

Standard 6

Analyze how and why individuals, events, and ideas develop and interact over the course of a text.

Grade

Childhood

Kindergarten

Grade 1

Grade 2

Performance Expectations

1. With prompting and support, identify characters, settings, and major events in a story.

2. With prompting and support, describe the connection between two individuals, events, ideas, or pieces of information in a text.

3. Describe characters, settings, and major events in a story, including details about who, what, when, where, and how.

4. Describe the connection between two individuals, events, ideas, or pieces of information in a text.

5. Describe how characters in a story respond to major events and challenges.

6. Describe the relationship between a series of events, ideas or concepts, using language that pertains to time, sequence, and cause/effect.

Grade

Childhood

Grade 3

Grade 4

Grade 5

Performance Expectations

1. Describe in depth a character, setting, or event in a story, drawing on specific details in the text (e.g., a character’s thoughts, words, or actions).

2. Explain the relationship between events, ideas or concepts, using language that pertains to time, sequence, and cause/effect, based on information from the text.

3. Describe characters in a story (e.g., their traits, motivations, or feelings) and explain how their actions contribute to the sequence of events, drawing on specific details in the text.

4. Explain the relationships or interactions between two or more individuals, events, ideas, or concepts, explicitly referring to specific information from the text.

5. Analyze how two or more characters, settings, or events in a story are related, drawing on specific details in the text (e.g., how characters interact).

6. Analyze relationships or interactions between individuals, events, ideas, or concepts throughout the text.

Grade Span

Early Adolescence

Grades 6-8

Performance Expectations

Analyze in detail how an author develops individuals/characters, events, ideas, elements and/or techniques to create interactions over the course of a text (or a series of texts).

Grade Span

Adolescence

Grades 9-Diploma

Performance Expectations

Analyze the impact of an author’s choices and determine how specific individuals/characters, elements and/or techniques, events, or ideas interact and develop over the course of the text (or a series of texts).

Strand

READING: CRAFT AND STRUCTURE

Standard 7

Interpret words and phrases as they are used in various texts, including determining technical, connotative, and figurative meanings, and analyze how specific word choices shape meaning or tone.

Grade

Childhood

Kindergarten

Grade 1

Grade 2

Performance Expectations

With prompting and support, ask and answer questions about unknown words in a text.

1. Identify words and phrases in a text that suggest feelings or appeal to the senses.

2. Ask and answer questions to help determine or clarify the meaning of words and phrases in a text.

3. Describe how words and phrases supply rhythm and meaning in a text.

4. Use provided resources to determine meaning of words and phrases in a text.

Grade

Childhood

Grade 3

Grade 4

Grade 5

Performance Expectations

1. Determine the meaning of words and phrases as they are used in a text, distinguishing literal from figurative language.

2. Use provided resources to determine meaning of domain-specific words and phrases.

3. Determine the meaning of words and phrases including figurative language as they are used in a text.

4. Draw on a variety of strategies to determine meaning of domain-specific words and phrases.

5. Determine the meanings of words and phrases including figurative language and connotations as they are used in a text.

6. Initiate strategies to determine meaning of domain-specific words and phrases.

Grade Span

Early Adolescence

Grades 6-8

Performance Expectations

Determine the meaning of figurative, connotative, and technical word meanings and phrases as they are used in various texts; analyze the impact of specific word choices and techniques on meaning and tone.

Grade Span

Adolescence

Grades 9-Diploma

Performance Expectations

Determine the meaning of figurative, connotative, and technical word meanings and phrases as they are used in various contexts and texts; analyze the impact of specific word choices on meaning and tone, including words with multiple meanings and/or language that is particularly evocative.

Strand

READING: CRAFT AND STRUCTURE

Standard 8

Analyze the structure of various texts, including how the features and components relate to each other and the whole.

Grade

Childhood

Kindergarten

Grade 1

Grade 2

Performance Expectations

1. Identify texts that tell stories.

2. Identify texts that provide information.

3. Explain major differences between texts that tell stories and texts that give information, drawing on various text types.

4. Determine and use text features (e.g., headings, bold print, indexes, graphics, tables of contents, glossaries, links, icons) that help locate key facts or information in a text.

5. Describe the overall structure of a text, including describing how the beginning introduces the story and the ending concludes the action.

6. Explain how various text features (e.g., headings, bold print, indexes, graphics, tables of contents, glossaries, links, icons) are used to locate key facts or information in a text efficiently.

Grade

Childhood

Grade 3

Grade 4

Grade 5

Performance Expectations

1. Refer to parts of a text (e.g. chapters, scenes, or stanzas) and explain how each successive part builds on earlier sections.

2. Use various text features (e.g., headings, bold print, indexes, graphics, tables of contents, glossaries, links, icons) to locate key facts or information in a text efficiently.

3. Explain how individual parts of a text (e.g., chapters, scenes, or stanzas) work together to provide meaning to the text as a whole.

4. Identify the overall structure (e.g., chronology, comparison, cause/effect, problem/solution) of a text and explain how the text features help support the overall structure.

5. Explain how the text’s structure supports its meaning and the author’s purpose of the text as a whole.

6. Compare and contrast the overall structure (e.g., chronology, comparison, cause/effect, problem/solution) of events, ideas, concepts, or information in two or more texts on the same topic.

Grade Span

Early Adolescence

Grades 6-8

Performance Expectations

Analyze how the organization and structure of specific features and components in various texts develop ideas and/or meaning, contributing to the author’s purpose for the text as a whole.

Grade Span

Adolescence

Grades 9-Diploma

Performance Expectations

1. Analyze the organization and structure of specific features and components in various texts
2. Evaluate the effectiveness of text structures in conveying the overall meaning and/or purpose of the text as a whole.

Strand

READING: CRAFT AND STRUCTURE

Standard 9

Assess how perspective or purpose shapes the content and style of various texts.

Grade

Childhood

Kindergarten

Grade 1

Grade 2

Performance Expectations

1. With prompting and support, name the author and illustrator of a story and define the role of each in telling the texts.

2. With prompting and support, name the author and illustrator of a text and define the role of each in presenting the ideas or information in a text.

3. Identify who is telling the story at various points in a text.

4. Distinguish between information provided by pictures or other illustrations and information provided by the words in a text.

5. Acknowledge differences in the points of view of characters

6. Identify the main purpose of a text, including what the author wants to answer, explain, or describe.

Grade

Childhood

Grade 3

Grade 4

Grade 5

Performance Expectations

1. Distinguish the reader’s personal point of view from that of the narrator or those of the characters.

2. Distinguish the reader’s personal point of view from that of the author of a text.

3. Compare and contrast the point of view from which different texts are narrated, including the difference between first- and third-person narrations.

4. Compare and contrast primary and secondary sources of the same event or topic; describe the differences in perspective based on information in the texts.

5. Describe how a narrator’s or speaker’s point of view influences how events are described in various contexts.

6. Analyze multiple accounts and/or contexts of the same event or topic, noting important similarities and differences in the perspectives they represent based on information in the texts.

Grade Span

Early Adolescence

Grades 6-8

Analyze how and why authors from various contexts (e.g. diverse, intersectional, multicultural, religious) use perspective for intended purposes and/or audiences.

Grade Span

Adolescence

Grades 9-Diploma

Analyze and evaluate how authors from various contexts (e.g. diverse, intersectional, multicultural, religious) use perspective and purpose to shape the intended content, style, and effect of various texts.

Strand

READING: INTEGRATION OF KNOWLEDGE AND IDEAS

Standard 10

Evaluate the argument and specific claims in various texts.

Grade

Childhood

Kindergarten

Grade 1

Grade 2

Performance Expectations

With prompting and support, identify the reasons an author or character gives to support points in a text.

Identify the reasons an author or character gives to support points in a text.

Describe how reasons support specific points an author or character makes in a text.

Grade

Childhood

Grade 3

Grade 4

Grade 5

Performance Expectations

Explain how an author or character uses reasons and evidence to support a claim in a text.

Explain how an author or character uses reasons and evidence to support a claim in a text, identifying which reasons and evidence support the claim(s).

1. Trace the organization and development of a claim in a text.
2. Determine the effectiveness of an author’s or character’s claim.

Grade Span

Early Adolescence

Grades 6-8

Performance Expectations

1. Distinguish among fact, opinion, evidence, reasoning, and qualifying statements in a text.
2. Evaluate the effectiveness of how an author or character develops the argument.
3. Assess the validity and reasoning of the argument, considering if the argument is relevant and sufficient.

Grade Span

Adolescence

Grades 9-Diploma

Performance Expectations

1. Evaluate the effectiveness of how authors use literary and/or rhetorical strategies to develop arguments in various texts.
2. Evaluate the premises, claims, and/or conclusions in various texts, verifying the information when possible and corroborating or challenging conclusions with other sources of information.

Strand

READING: INTEGRATION OF KNOWLEDGE AND IDEAS

Standard 11

Analyze and evaluate content presented in various texts (e.g. literary, historical, visual, artistic, quantitative, and technological).

Grade

Childhood

Kindergarten

Grade 1

Grade 2

Performance Expectations

1. With prompting and support, describe the relationship between illustrations and the text.

2. With prompting and support, compare and contrast the experiences of characters in two or more familiar texts.

3. With prompting and support, describe the relationship between the text and what person, place, thing, or idea the illustration depicts.

4. With prompting and support, compare and contrast two texts on the same topic.

5. Use illustrations and words in a text to describe its characters, setting, or events.

6. Compare and contrast the experiences of characters in various texts.

7. Use the illustrations and details in a text to describe its central idea.

8. Compare and contrast two texts on the same topic.

9. Use illustrations and words in a print or digital text to demonstrate understanding of its characters, setting, or plot.

10. Compare and contrast two or more versions of the same story presented in diverse forms

11. Explain how specific visuals contribute to and clarify the meaning of a text.

12. Compare and contrast the information presented by two texts on the same topic.

Grade

Childhood

Grade 3

Grade 4

Grade 5

Performance Expectations

1. Explain how specific aspects of a text’s illustrations contribute to the meaning of a text (e.g., create mood, emphasize aspects of a character or setting).

2. Compare and contrast themes, settings, characters, and plots of stories.

3. Use information gained from the text features and the words within to demonstrate an understanding of the whole text.

4. Compare and contrast the key details presented in two texts on the same topic

5. Compare and contrast between texts and other multimedia versions and how it influences the meaning and author’s intent.

6. Compare and contrast similar themes, topics, and patterns of events in texts.

7. Interpret information presented in diverse forms and explain how the information contributes to an understanding of an idea or topic.

8. Analyze how diverse forms and their features contribute to the meaning, tone, and author’s intent of a text.

9. Compare and contrast how two or more authors of the same text type interpret similar themes and topics.

10. Draw on information presented in various texts in order to answer a question or to solve a problem.

Grade Span

Early Adolescence

Grades 6-8

Performance Expectations

1. Analyze how two or more authors of various texts present information by emphasizing different interpretations of a theme and/or topic.
2. Evaluate the advantages and disadvantages of an author’s choice for using a specific form and/or text type.

Grade Span

Adolescence

Grades 9-Diploma

Performance Expectations

1. Evaluate and synthesize multiple sources of information and various texts (e.g., literary, visual, artistic, and quantitative) in order to achieve a specific purpose or to answer a question.
2. Analyze how various authors or texts address similar themes or topics in order to build knowledge or to compare the approaches the authors take.
3. Synthesize information from a range of sources (e.g., texts, experiments, simulations) into a coherent understanding of an idea or event, noting discrepancies among perspectives.

Strand

READING: FLUENCY

Standard 12

Read with sufficient accuracy and fluency to support comprehension

Grade

Childhood

Kindergarten

Grade 1

Grade 2

Performance Expectations

Read emergent-reader texts with purpose and understanding.

1. Read various on-level text with purpose and understanding.

2. Read various on-level text with accuracy, appropriate rate, and expression on successive readings.

3. Use context to confirm or self-correct word recognition and understanding, rereading as necessary.

4. Read various on-level text with purpose and understanding.

5. Read various on-level text orally with accuracy, appropriate rate, and expression on successive readings.

6. Use context to confirm or self-correct word recognition and understanding, rereading as necessary.

Grade

Childhood

Grade 3

Grade 4

Grade 5

Performance Expectations

1. Read various on-level text with purpose and understanding.

2. Read various on-level text with accuracy, appropriate rate, and expression on successive readings

3. Use context to confirm or self-correct word recognition and understanding, rereading as necessary.

4. Read with sufficient accuracy and fluency to support comprehension.

5. Read various on-level text with purpose and understanding.

6. Read various on-level text with accuracy, appropriate rate, and expression on successive readings.

7. Use context to confirm or self-correct word recognition and understanding, rereading as necessary.

8. Read with sufficient accuracy and fluency to support comprehension.

9. Read various on-level text with purpose and understanding.

10. Use context to confirm or self-correct word recognition.

Grade Span

Early Adolescence

Grades 6-8

Performance Expectations

1. Read with sufficient accuracy and fluency to support comprehension.
2. Read various on-level texts with purpose and understanding.
3. Use context to confirm or self-correct word recognition.

Grade Span

Adolescence

Grades 9-Diploma

Performance Expectations

1. Read with sufficient accuracy and fluency to support comprehension.
2. Read various on-level texts with purpose and understanding.
3. Use context to confirm or self-correct word recognition.

WRITING

Writing is a lifelong, essential tool for communication. In order to prepare students for varied and evolving writing tasks, students should write routinely, in both long and short time frames, as a means of building writing stamina. Moreover, students should write in a breadth of modes and forms across all disciplines. This includes the foundational instruction of legible handwriting forms and skills such as printing, cursive, typing, as well as the use of technology to compose, where the use of formatting supports the task, audience, and purpose.

In order to manage the increasing complexity of what students read and write, educators provide guidance and support when developmentally appropriate, with the understanding that students need to develop autonomy and independence over time, particularly at the upper grade levels. To that end, the standards include a developmentally appropriate progression of performance expectations that includes all grade levels. The K-5 performance expectations reflect a foundational level of skill acquisition, while the 6-8 and 9-Diploma grade bands expect that writing grows in sophistication and complexity.

The strand of writing includes three standards, which have been arranged to reflect a traditional learning progression in the classroom, incorporating the use of technology when authentic to the task. Students begin with an exploration of a variety of texts/ideas, then use a process to refine, plan, and craft the communication of ideas, and finally compose with a style that reflects awareness of task, audience, and purpose. The standard and performance expectations for composing are consistent regardless of mode; therefore, the performance expectations for common modes (argument/opinion, informational/expository, and narrative) have been outlined in supporting documents.

Strand

WRITING: Inquiry to Build and Present Knowledge

Standard 1

Use an inquiry process to gather relevant, credible information/evidence from a variety of sources (e.g., print, digital, discussions, etc.) that build understanding of and lead to conclusions about a subject under investigation while avoiding plagiarism.

Grade

Childhood

Kindergarten

Grade 1

Grade 2

Performance Expectations

1. Investigate questions by participating in shared research and writing projects.

2. Gather information from provided sources and/or recall information from experiences in order to answer questions with guidance and support from adults.

3. Investigate questions by participating in shared research and writing projects.

4. Gather information from provided sources and/or recall information from experiences in order to answer questions with guidance and support from adults.

5. Investigate questions by participating in shared research and writing projects.

6. Gather information from provided sources and/or recall information from experiences in order to answer questions.

Grade

Childhood

Grade 3

Grade 4

Grade 5

Performance Expectations

1. Investigate questions by participating in research that builds knowledge about a topic.

2. Gather information from a variety of sources and/or recall information from experiences in order to answer questions.

3. Take brief notes on sources and sort information into provided categories.

4. Investigate questions by participating in research that builds varied knowledge about a topic.

5. Gather relevant information from a variety of sources and/or recall information from experiences in order to answer questions.

6. Take notes on sources and sort information into provided categories.

7. Provide a list of sources.

8. Investigate and generate questions by participating in research that builds varied knowledge about a topic.

9. Gather relevant information from a variety of sources and/or recall information from experiences in order to answer questions.

10. Summarize or paraphrase notes on sources and sort information into provided categories.

11. Provide a list of sources.

Grade Span

Early Adolescence

Grade 6-8

Performance Expectations

1. Investigate self-generated questions by participating in inquiry that builds increasingly complex knowledge, refocusing inquiry as needed.
2. Assess the credibility and accuracy of a variety of sources in order to gather relevant information that leads to conclusions.
3. Take organized notes that purposefully quote, summarize, and/or paraphrase a variety of sources while avoiding plagiarism.
4. Follow a standard format for citation (in-text and a list of sources) that applies to task, audience, and purpose.

Grade Span

Adolescence

Grades 9-Diploma

Performance Expectations

1. Investigate self-generated questions by participating in sustained inquiry that builds increasingly complex knowledge or that solves a problem, refocusing inquiry and/or incorporating effective advanced searches as needed.
2. Assess the credibility, accuracy, and usefulness of a variety of authoritative sources in order to synthesize relevant information that leads to logical, increasingly complex conclusions.
3. Take organized notes that purposefully quote, summarize, and/or paraphrase a variety of sources while avoiding plagiarism and overreliance on any one source.
4. Follow a standard format for citation (in-text and a list of sources) that applies to task, audience, and purpose.

Strand

WRITING: Process and Production

Standard 2

Develop, strengthen, and produce polished writing by using a collaborative process that includes the age-appropriate use of technology.

Grade

Childhood

Kindergarten

Grade 1

Grade 2

Performance Expectations

1. With guidance and support from adults, respond to questions and suggestions from peers and add details to strengthen writing as needed.

2. With guidance and support from adults, explore a variety of digital tools to produce and publish writing, including peer collaboration.

3. With guidance and support from adults, focus on a topic, respond to questions and suggestions from peers, and add details to strengthen writing as needed.

4. With guidance and support from adults, use a variety of digital tools to produce and publish writing, including peer collaboration.

5. With guidance and support from adults and peers, focus on a topic and strengthen writing as needed by revising and editing.

6. With guidance and support from adults, use a variety of digital tools to produce and publish writing, including peer collaboration.

Grade

Childhood

Grade 3

Grade 4

Grade 5

Performance Expectations

1. With guidance and support from peers and adults, develop and strengthen writing as needed by planning, revising, and editing.

2. With guidance and support from adults, use technology to produce writing, as well as to interact and collaborate with others.

3. Develop keyboarding skills.

4. With guidance and support from peers and adults, develop and strengthen writing as needed by planning, revising, and editing.

5. With some guidance and support from adults, use technology to produce writing, as well as to interact and collaborate with others.

6. Demonstrate sufficient command of keyboarding skills to produce sustained writing of increasing length.

7. With guidance and support from peers and adults, develop and strengthen writing as needed by planning, composing, revising, editing, rewriting, reflecting, and/or trying a new approach.

8. With some guidance and support from adults, use technology to produce writing, as well as to interact and collaborate with others.

9. Demonstrate sufficient command of keyboarding skills to produce sustained writing of increasing length.

Grade Span

Early Adolescence

Grade 6-8

Performance Expectations

1. With some guidance and support from peers and adults, develop and strengthen writing as needed by planning, composing, revising, editing, rewriting, reflecting, and/or trying a new approach, focusing on how well purpose and audience have been addressed.
2. Use technology to produce writing, as well as to interact and collaborate with others.
3. Demonstrate and maintain command of keyboarding skills to produce sustained writing of increasing length.

Grade Span

Adolescence

Grades 9-Diploma

Performance Expectations

1. Develop and strengthen writing as needed by planning, composing, revising, editing, rewriting, reflecting, and/or trying a new approach, focusing on addressing what is most significant for a specific purpose and audience.
2. Use technology and ongoing feedback, including new arguments and information, to produce increasingly dynamic writing products.
3. Demonstrate and maintain command of keyboarding skills to produce sustained writing of increasing length.

Strand

WRITING: Composing for Audience and Purpose

Standard 3

Routinely produce a variety of clear and coherent writing in which the development, organization, and style are appropriate to task, audience, and purpose.

Grade

Childhood

Kindergarten

Grade 1

Grade 2

Performance Expectations

1. Print many upper- and lowercase letters.

2. Use a combination of drawing and writing to communicate a topic.

3. Print all upper- and lowercase letters.

4. Use a combination of drawing and writing to communicate a topic with details.

Use a combination of drawing, and writing to communicate a topic with a beginning, middle (including details), and an end.

Grade

Childhood

Grade 3

Grade 4

Grade 5

Performance Expectations

1. Use a combination of illustrations and writing to produce pieces with introductions and bodies including details and conclusions.

2. Develop the topic with relevant supporting details.

3. Use developmentally appropriate linking words and phrases.

4. Use precise vocabulary/word choice.

5. Provide a sense of closure that is related to the ideas presented.

6. Produce writing to communicate clearly and to organize increasingly complex pieces with introductions and bodies including details and conclusions.

7. Develop the topic with relevant supporting details.

8. Use developmentally appropriate linking words and phrases with increasing complexity.

9. Use precise vocabulary/word choice.

10. Provide a sense of closure that is related to the ideas presented.

11. Produce writing to communicate clearly and organize increasingly complex pieces with introductions and bodies including details and conclusions.

12. Develop the topic with relevant, logically ordered supporting details.

13. Use developmentally appropriate linking words and phrases with increasing complexity.

14. Use precise vocabulary/word choice.

15. Provide a sense of closure that is related to the ideas presented.

Grade Span

Early Adolescence

Grade 6-8

Performance Expectations

1. Compose clear and increasingly complex pieces with sections that are organized according to task, audience, and purpose.
2. Develop and support the topic with relevant techniques and logically ordered details.
3. Use appropriate and varied transitions to create cohesion and clarify the relationships among ideas.
4. Effectively use increasingly complex and precise language to establish an appropriate voice and tone.
5. Provide a sense of closure that follows from, supports, and reflects the purpose of the piece.

Grade Span

Adolescence

Grades 9-Diploma

Performance Expectations

1. Compose clear and increasingly varied and complex pieces with purposefully designed sections that are organized to fully explore the depth and significance of ideas that are appropriate to task, audience, and purpose.
2. Develop and support the topic with a variety of relevant techniques and by purposefully embedding the most significant details.
3. Use appropriate and varied transitions, along with purposeful syntax, to create cohesion that clarifies relationships among increasingly complex ideas.
4. Effectively use increasingly sophisticated, precise language to establish a highly developed voice and tone.
5. Provide closure that enhances, supports, and reflects the purpose of the piece.

HEALTH EDUCATION AND PHYSICAL EDUCATION

The Health Education and Physical Education Standards and performance expectations represent the essential knowledge and skills students need to be healthy individuals and lifelong learners. Being a lifelong learner involves the awareness and understanding of health and physical literacy. “Personal health literacy is the degree to which individuals have the ability to find, understand, and use information and services to inform health related decisions and actions for themselves and others.” (US CDC). “Physical literacy is the ability to move with competence and confidence in a wide variety of physical activities in multiple environments that benefit the healthy development of the whole person” (SHAPE America). Social and emotional learning is naturally embedded in both health education and physical education. Students participate in an inclusive learning environment that values the interests of all Maine children through opportunities to learn and practice social and emotional skills and behaviors. Through achievement of the Health Education and Physical Education Standards, students will practice an active and balanced approach to life, take responsibility for their own wellness and contribute to the health and well-being of their own community.

Highly effective health education programsprovide students with knowledge and the skills to thrive physically, mentally, emotionally, and socially across their lifetime. Health education can assist students to be better consumers of information, manage the complex world around them and be more inclusive of others. Through an effective skills-based health education curriculum, students will practice skills that protect, promote and enhance lifelong health.

Highly effective physical education programsprovide students with a variety of skills and knowledge that foster the confidence to be active for a lifetime. A physically literate individual is prepared with a foundation of knowledge and skill development, along with the tools to analyze their personal fitness. Students who participate in quality physical education on a regular basis understand the benefits of physical activity and how it contributes to a lifetime commitment to an active lifestyle.

Statutes

§4711. Elementary Course of Study, Mental Health and Reducing Stigma

§4712. Junior High or Middle School Course of Study, Mental Health and Reducing Stigma

§4723. Health and Physical Education including Affirmative Consent

§4502. School Approval Requirements 5-b. Suicide Awareness Education And Training

§4502. School Approval Requirements - Child Sexual Abuse Prevention Education and Response

§6304. Automated external defibrillators and cardiopulmonary resuscitation

§6671. Youth Mental Health First Aid Training

§1902. Definitions, 1-A Maine Comprehensive Family Life Education

§272. Tobacco Prevention and Control Program

Guiding Principles

The Guiding Principles guide education in Maine and should be reflected throughout the Health Education curriculum. Examples of how students can show evidence of those guiding principles in Health Education may include:

Clear and Effective Communicator

Health Education students identify and demonstrate effective communication skills within healthy relationships.

Physical Education students use appropriate communication skills and strategies when working with others in a variety of physical activity settings.

Self-Directed and Lifelong Learner

Health Education students practice and apply goal setting skills as they relate to enhancing health.

Physical Education students practice and apply goal setting skills as they relate to enhancing physical activity and fitness.

Creative and Practical Problem Solver

Health Education students utilize decision making strategies and reflect on the outcomes of their choices in relation to health behaviors.

Physical Education students practice and apply critical thinking skills to skill improvement and game strategies.

Respectful and Involved Citizen

Health Education students examine and evaluate community health issues, the influences and using advocacy skills for healthy changes.

Physical Education students cooperate and collaborate with others during physical education classes through active, safe and respectful communication and participation.

Integrative and Informed Thinker

Health Education students apply and analyze the influences of peers, family and the media on personal health.

Physical Education students use information from a variety of sources to modify and improve skills and movement/game strategies.

Strand Health Education

Standard HE.1 - Health Concepts

Standard HE.2 - Health Information, Products, and Services

Standard HE.3 - Health Promotion and Risk Reduction

Standard HE.4 - Influences on Health

Standard HE.5 - Communication and Advocacy Skills

Standard HE.6 - Decision-Making and Goal-Setting Skills

Standard 1

Health Concepts: Health literate students comprehend concepts related to health promotion and disease prevention to enhance health.

Childhood

Performance Expectations

Kindergarten

Grade 1

Grade 2

1.1 Health Concepts, Behaviors and Personal Health

Students name basic healthy behaviors, including nutrition; personal health; and safety and injury prevention.

Students name basic health terms and behaviors, including healthy relationships; nutrition; personal health; and safety and injury prevention.

Students recognize healthy behaviors Including healthy relationships; nutrition; personal health; and safety and injury prevention.

1.2 Dimensions of Health

Students name the dimensions of health including physical and social health.

Students identify dimensions of health including physical, mental, social, emotional and health.

Students recognize the multiple dimensions of health including physical, mental, social and emotional..

1.3 Health Conditions

Students list prevention strategies for common childhood communicable diseases.

Students identify the transmission and prevention of common childhood communicable diseases.

Students describe the transmission and prevention of common childhood communicable diseases.

1.4 Environment and Personal Health

Students list qualities of a safe and healthy school environment.

Students identify ways a safe and healthy school environment can promote personal health.

Students describe ways a safe and healthy school environment can promote personal health.

1.5 Growth and Development

Students name personal and public body parts.

Students label personal and public body parts.

Students recognize that the body changes throughout the lifespan.

Performance Expectations

Grade 3

Grade 4

Grade 5

1.1 Health Concepts, Behaviors and Personal Health

Students describe how healthy behaviors impact personal health, including healthy relationships; nutrition; safety and injury prevention; and substance use prevention.

Students describe how healthy and unhealthy behaviors impact personal health, including healthy relationships; nutrition; safety and injury prevention; and substance use prevention.

Students predict how healthy and unhealthy behaviors affect personal health, including healthy relationships; nutrition; safety and injury prevention; and substance use prevention.

1.2 Dimensions of Health

Students recall the dimensions of health including physical, mental, social and emotional.

Students define the dimensions of health including physical, mental, social and emotional.

Students explain the dimensions of health including physical, mental, social and emotional.

1.3 Health Conditions

Students identify ways to prevent and detect common childhood health conditions.

Students identify ways to prevent, detect, treat, and/or manage common childhood health conditions.

Students describe ways to prevent, detect, treat, and/or manage common childhood health conditions.

1.4 Environment and Personal Health

Students explain ways a safe and healthy environment can promote personal health.

Students explain ways a safe and healthy environment can positively and negatively impact personal health.

Students identify current health issues that relate to one’s environment and the impact on personal health.

1.5 Growth and Development

Students recognize that bodies change at different rates.

Students explore ways their bodies

grow, change, and develop through adolescence.

Students describe how their bodies

grow, change, and develop physically, mentally, socially, and emotionally through adolescence.

Early Adolescence

Performance Expectation

Grades 6 - 8

1.1 Health Concepts, Behaviors and Personal Health

Students explain the importance of assuming responsibility for behaviors and the impact it has on personal health related to healthy sexuality; nutrition; safety and injury prevention; and substance abuse prevention.

1.2 Dimensions of Health

Students explain the interrelationship of the dimensions of health including physical, mental, social and emotional.

1.3 Health Conditions

Students investigate causes of health conditions and ways to reduce, prevent, treat, and/or manage them.

1.4 Environment and Personal Health

Students determine how the environment and other factors impact personal health.

Adolescence

Performance Expectation

Grades 9 - Diploma

1.1 Health Concepts, Behaviors and Personal Health

Students analyze the impact of complex health issues on personal health related to healthy sexuality; nutrition; safety and injury prevention; and substance abuse prevention.

1.2 Dimensions of Health

Students analyze the impact of current health issues on the dimensions of health including physical, mental, social and emotional.

1.3 Health Conditions

Students analyze causes of health conditions and ways to reduce, prevent, treat, and/or manage them.

1.4 Environment and Personal Health

Students analyze how one’s environment and other factors impact personal health.

Standard 2

Health Information, Products, and Services: Health literate students can demonstrate the ability to access valid health information, services, and products to enhance health.

Childhood

2.1 Reliability of Resources

Students label trusted adults and professionals who can help promote health.

Students identify trusted adults and professionals who can help promote health.

Students describe the characteristics of trusted adults and professionals who can help promote health.

2.2 Locating Health Resources

Students identify school and community health helpers.

Students identify the locations of school and community health helpers.

Students describe ways to locate school and community health helpers.

Performance Expectations

Grade 3

Grade 4

Grade 5

2.1 Reliability of Resources

Students identify characteristics of reliable health information, products, and trusted adults.

Students describe characteristics of reliable health information, products, and trusted adults.

Students compare and contrast characteristics of reliable health information, products, and trusted adults.

2.2 Locating Health Resources

Students identify resources from home, school, and the community that provide reliable health information.

Students explore resources from home, school, and the community that provide reliable health information.

Students locate resources from home, school, and the community that provide reliable health information.

Early Adolescence

Performance Expectation

2.1 Reliability of Resources

Students analyze the reliability of health information, products, and services.

2.2 Accessing Health Resources

Students locate reliable health information, products, and services.

Adolescence

Performance Expectation

2.1 Reliability of Resources

Students evaluate the reliability and accessibility of health information, products, and services.

2.2 Accessing Health Resources

Students access reliable health information, products, and services.

2.1 Reliability of Resources

Students label trusted adults and professionals who can help promote health.

Standard 3

Health Promotion and Risk Reduction: Health literate students demonstrate the ability to practice health-enhancing behaviors and avoid or reduce health risks for self and others.

Childhood

Performance Expectations

Kindergarten

Grade 1

Grade 2

3.1 Health-Enhancing Behaviors and Self-Management

Students name health-enhancing behaviors to improve personal health including self-management skills.

Students describe health-enhancing behaviors to improve personal health including self-management skills.

Students apply health-enhancing behaviors to improve personal health including self-management skills.

3.2 Avoiding/Reducing Health Risks

Students name behaviors to help avoid or reduce personal health risks.

Students recognize behaviors to help avoid or reduce personal health risks.

Students explain behaviors to help avoid or reduce personal health risks.

Performance Expectations

Grade 3

Grade 4

Grade 5

3.1 Health-Enhancing Behaviors and Self-Management

Students examine health-enhancing behaviors to improve or maintain personal health including self-management skills.

Students explain health-enhancing behaviors to improve or maintain personal health including self-management skills.

Students demonstrate health-enhancing behaviors to improve or maintain personal health including self-management skills.

3.2 Avoiding/Reducing Health Risks

Students examine a variety of behaviors to help avoid or reduce personal health risks to self and others.

Students explain a variety of behaviors to help avoid or reduce personal health risks to self and others.

Students demonstrate a variety of behaviors to help avoid or reduce health risks to self and others.

Early Adolescence

Performance Expectation

Grades 6 - 8

3.1 Health-Enhancing Behaviors and Self-Management

3.1.6-8a - Students explain the importance of assuming responsibility for personal health behaviors.

3.1.6-8b - Students apply health-enhancing behaviors to improve or maintain the health of self and others, including self-management skills.

3.2 Avoiding/Reducing Health Risks

Students demonstrate health-enhancing behaviors to avoid or reduce health risks to self and others.

Adolescence

Performance Expectation

Grades 9 - Diploma

3.1 Health-Enhancing Behaviors and Self-Management

3.1.9-Da - Students analyze the role of individual responsibility for enhancing health.

3.1.9-Db - Students evaluate health-enhancing behaviors to improve or maintain the health of self and others, including self-management skills.

3.2 Avoiding/Reducing Health Risks

Students assess health-enhancing behaviors to avoid or reduce health risks to self and others.

Standard 4

Influences on Health: Health literate students analyze the influences of family, peers, culture, media, technology and other factors on health practices and behaviors.

Childhood

Performance Expectations

Kindergarten

Grade 1

Grade 2

4.1 Influences on Health Behaviors

Students recognize people who influence their health behaviors.

Students name people who influence their health behaviors.

Students identify multiple influences on personal health behaviors including peers, family, and media.

4.2 Effects of Health Behaviors

Students recognize factors that influence health behaviors.

Students identify factors that influence health behaviors.

Students describe factors that influence health behaviors.

Performance Expectations

Grade 3

Grade 4

Grade 5

4.1 Influences on Health Behaviors

Students identify how a variety of factors influence personal health behaviors including peers, family, school, community, media, and technology.

Students explore how a variety of factors influence personal health behaviors including peers, family, community, culture, media, technology, and social platforms.

Students describe how a variety of factors influence personal health behaviors including peers, family, community, culture, media, technology, and social platforms.

4.2 Effects of Health Behaviors

Students list health behaviors that could influence future behaviors.

Students identify how health behaviors could influence future behaviors.

Students describe how health behaviors could influence future behaviors.

Early Adolescence

Performance Expectation

Grades 6 - 8

4.1 Influences on Health Behaviors

Students analyze positive and negative influences on adolescent health practices and behaviors including peers, family, media, culture, community, technology, and social platforms.

4.2 Compound Effects of Health Behaviors

Students examine how health-enhancing and risky behaviors can influence the likelihood of engaging in more of the same behaviors.

Adolescence

Performance Expectation

Grades 9 - Diploma

4.1 Influences on Health Behaviors

Students evaluate positive and negative influences on health practices and behaviors including peers, family, media, culture, community, perception of norms, government, technology, and social platforms.

4.2 Compound Effects of Health Behaviors

Students analyze how health-enhancing and risky behaviors can influence the likelihood of engaging in more of the same behaviors.

Standard 5

Communication and Advocacy Skills: Health literate students demonstrate the ability to use interpersonal communication and advocacy skills to enhance personal, family, and community health.

Childhood

Performance Expectations

Kindergarten

Grade 1

Grade 2

5.1 Interpersonal Communication Skills

Students name healthy and unhealthy ways to communicate.

Students demonstrate healthy ways to communicate.

Students describe verbal and non-verbal ways to communicate.

5.2 Advocacy Skills

Students name healthy ways to express their needs, wants, and feelings.

Students recognize ways to ask for help to promote health for self and others.

Students demonstrate ways to promote health for self and/or others.

Performance Expectations

Grade 3

Grade 4

Grade 5

5.1 Interpersonal Communication Skills

Students demonstrate effective communication skills to enhance personal health including written, face-to-face and safe use of technology.

Students demonstrate effective communication skills to enhance personal and family health including written, face-to-face, and safe use of technology.

Students demonstrate effective communication skills to enhance personal, family, and community health including written, face-to-face, and safe use of technology.

5.2 Advocacy Skills

Students explore ways to promote health for self, others, and school.

Students demonstrate ways to promote health for self, others, and school.

Students demonstrate ways to share informed opinions to promote health for self and others.

Early Adolescence

Performance Expectation

Grades 6 - 8

5.1 Interpersonal Communication Skills

Students apply effective interpersonal communication skills including affirmative consent, refusal and negotiation skills to enhance health and build relationships including written, face-to-face, and safe use of technology.

5.2 Advocacy Skills

Students utilize advocacy skills for self and others to make positive health choices.

Adolescence

Performance Expectation

Grades 9 - Diploma

5.1 Interpersonal Communication Skills

Students analyze effective communication skills for self and others to enhance health and build relationships including affirmative consent, refusal and negotiation skills.

5.2 Advocacy Skills

Students analyze advocacy skills for self and others to make positive health choices.

Standard 6

Decision-Making and Goal-Setting Skills: Health literate students demonstrate the ability to make decisions and set goals to enhance health.

Childhood

Performance Expectations

Kindergarten

Grade 1

Grade 2

6. 1 Decision-Making Skills

Students name health situations where a decision is needed.

Students identify health situations where a decision is needed.

Students identify health situations where decisions can appropriately be made by the individual and when assistance is needed.

6.2 Goal-Setting Skills

Students identify what health goals are.

Students explore when health goals are useful.

Students identify resources to help achieve a personal health goal.

Performance Expectations

Grade 3

Grade 4

Grade 5

6.1 Decision-Making Skills

Students identify a decision-making process to enhance health.

Students describe when to use a decision-making process to enhance health.

Students apply a decision making process to enhance health.

6.2 Goal-Setting Skills

Students identify the goal-setting process to enhance health.

Students describe when to use a goal-setting process to enhance health.

Students practice the goal-setting process to achieve a personal health goal.

Early Adolescence

Performance Expectation

Grades 6 - 8

6.1 Decision-Making Skills

Students apply decision-making skills to enhance health as an individual and through collaboration.

6.2 Goal-Setting Skills

Students apply goal-setting skills to achieve a personal short-term health goal.

Adolescence

Performance Expectation

Grades 9 - Diploma

6.1 Decision-Making Skills

Students analyze decision making skills to enhance health outcomes.

6.2 Goal-Setting Skills

Students analyze goal-setting skills to achieve short and/or long-term personal health goals.

Strand Physical Education

Standard PE. 1 - Motor Skills and Movement Patterns

Standard PE. 2 - Concepts and Strategies

Standard PE. 3 – Fitness Education

Standard PE. 4 - Responsible Personal and Social Behavior

Standard PE. 5 - Recognition of the Value of Physical Activity

Standard 1

Motor Skills and Movement Patterns: Physically literate students demonstrate competency in a variety of motor skills and movement patterns.

Childhood

Performance Expectations

Kindergarten

Grade 1

Grade 2

1.1 Locomotor Skills

Practices critical elements of locomotor skills.

Uses recognizable forms of basic locomotor skills in different pathways, levels or directions.

Executes a combination of locomotor skills in different pathways, levels or directions.

1.2 Non-locomotor Skills

Practices critical elements of non-locomotor skills.

Uses recognizable forms of non-locomotor skills to move and control the body.

Executes more complex non-locomotor skills to move and control the body.

1.3 Locomotor and Non-locomotor Combination Skills

Replicates locomotor skills in response to teacher led creative movement sequence.

Combines locomotor and non-locomotor skills in a teacher designed movement sequence.

Performs a rhythmic activity with correct response to simple rhythms.

1.4 Manipulative Skills

Practices critical elements of basic manipulative skills.

Uses critical elements of basic manipulative skills.

Executes a variety of manipulative skills while maintaining control of body and objects/ equipment.

Performance Expectations

Grade 3

Grade 4

Grade 5

1.1 Locomotor Skills

Demonstrates mature patterns of locomotor skills

Demonstrates combinations of complex locomotor skills in various physical activity settings.

Applies combinations of complex locomotor skills specific to individual, dual, and team activities.

1.2 Non-locomotor Skills:

Demonstrates mature use of non-locomotor skills.

Demonstrates complex non-locomotor skills in various activities.

Applies combinations of complex non-locomotor skills specific to individual, dual and team activities.

1.3 Locomotor Non-locomotor Combination Skills

Performs teacher-selected and developmentally appropriate dance steps and /or movement patterns.

Combines locomotor movement patterns and dance steps to create and perform an original movement sequence.

Combines locomotor skills and movement concepts with rhythm and patterns.

1.4 Manipulative Skills

Demonstrates critical elements of basic manipulative skills.

Demonstrates maturing manipulative skills in a non-dynamic environment.

Applies maturing manipulative skills in individual, dual, and team activities.

Early Adolescence

Grades 6 - 8

Performance Expectation

Emerging

Maturing

Applying

1.1 Movement and Rhythm

Demonstrates rhythmic movement and patterns with emphasis in keeping the beat.

Demonstrates rhythmic movement and patterns for different dances and activities.

Exhibits command of rhythm and timing by creating a movement sequence as an individual or in a group.

1.2 Game and Sport Skills

Uses specialized skills that are refined and appropriate for modified game play.

Demonstrates complex combinations of movements specific to at least two game, sport, or physical activities.

Executes complex combinations of movements specific to at least two game, sport, or physical activities.

1.3 Offensive and Defensive Skills

Demonstrates basic offensive and defensive movement skills for games, sports or physical activities.

Performs basic offensive and defensive movement skills for games, sports or physical activities.

Applies offensive and defensive movement skills for at least two games, sports or physical activities that contribute to successful participation.

1.4. Lifetime Activities

Demonstrates basic skills in individual performance or outdoor lifetime activities.

Performs basic skills in individual performance or outdoor lifetime activities.

Applies skills in at least two individual performance or outdoor lifetime activities that contribute to successful participation.

Adolescence

Grades 9-Diploma

Performance Expectations

Level 1

Level 2

1.1 Movement and Rhythm

Creates movement combinations in rhythmic activities with an emphasis on keeping to the beat.

Performs movement combinations in rhythmic activities with an emphasis on keeping to the beat.

1.2 Game and Sport Skills

Applies basic and/or advanced skills to participate proficiently in at least three individual, dual, or team games, sports or physical activities.

Refines basic and/or advanced skills to participate proficiently in at least three individual, dual, or team games, sports or physical activities.

1.3 Lifetime Activities

Demonstrates competency and/or refines activity-specific movement skills in a variety of lifetime activities.

Refines activity-specific movement skills in a variety of lifetime activities.

Standard 2

Concepts and Strategies: Physically literate students apply knowledge of concepts, principles, strategies and tactics related to movement and performance.

Childhood

Performance Expectations

Kindergarten

Grade 1

Grade 2

2.1 Movement Concepts

Demonstrates a variety of movements associated with basic motor performance.

Utilizes basic motor movements in activity and game play.

Demonstrates basic motor performance in conjunction with manipulative skills.

2.2 Strategies and Tactics

Uses teacher feedback to improve basic form and function.

Uses teacher feedback to improve basic motor performance in conjunction with manipulative skills.

Understands/explains the importance of feedback as it relates to improved motor performance.

Performance Expectations

Grade 3

Grade 4

Grade 5

2.1 Movement Concepts

Utilizes basic motor movements and manipulative skills during activity and games.

Applies basic concepts of movement to improve individual (personal) performance.

Assesses movement and game skills to provide feedback for improvement.

2.2 Strategies and Tactics

Demonstrates basic strategies and tactics for modified activities and games.

Utilizes basic strategies and tactics for a variety of activities and games.

Demonstrates basic offense and defense strategies in modified games and activities.

Early Adolescence

Grades 6 - 8

Performance Expectations

Emerging

Maturing

Applying

2.1 Movement Concepts

Applies advanced movement concepts to enhance game play/activities.

Applies concepts from other content areas (i.e. physics, geometry) to movement skills.

Utilizes complex movement principles to evaluate and improve performance.

2.2 Strategies and Tactics

Explains when and why strategies and tactics are utilized in game play and activities.

Demonstrates game strategies and tactics at appropriate times and using appropriate methods.

Applies appropriate game strategies and tactics during game play and activities.

Adolescence

Grades 9- Diploma

Performance Expectations

Level 1

Level 2

2.1 Movement Concepts

Applies complex movement concepts to refine learned skills and acquire new, advanced skills

Integrates increasing complex, content-specific knowledge (biomechanics) with movement skills.

2.2 Strategies and Tactics

Applies/integrates appropriate game strategies and tactics during game play and activities.

Creates and applies multiple offensive and defensive strategies for game play and activity.

Standard 3

Fitness Education: Physically literate students demonstrate the knowledge and skills to plan, execute, self-monitor, achieve, and maintain a health-enhancing level of physical activity and/or fitness.

Childhood

Performance Expectations

Kindergarten

Grade 1

Grade 2

3.1 Health-Related Fitness and Exercise.

Identifies the physiological signs of moderate to vigorous physical activity,

Identifies the physiological responses of moderate to vigorous physical activity.

Identifies the physiological signs of moderate to vigorous physical activity and uses teachers’ suggestions to modify intensity of the activity when needed.

3.2 Skill-Related Fitness and Training

Demonstrates control of body and space when performing skill-related fitness components.

Demonstrates control of body, movement, and space when performing skill-related fitness components.

Demonstrates control of body in space when performing skill-related fitness components during game play and challenge activities.

3.3 Training Principles for Fitness and Sport

Participates in a teacher-directed workout that includes moderate to vigorous physical activities.

Demonstrates proper technique when using one’s own body as resistance.

Classifies activities as light, medium, and/or difficult based on the response of the physiological responses of the body.

3.4 Health-related and/or sport training and/or fitness plan

Participates in a teacher-directed workout that includes moderate to vigorous physical activities.

Participates in a teacher-directed workout that includes moderate to vigorous physical activities.

Creates a simple workout plan using motor skill, movement concepts, health-related and/or skill-related fitness components.

3.5 Fitness, Sport, and Technology

Participates in a teacher-directed skill-related fitness, and/or dance/movement video resource at school.

Participates in a teacher-directed skill-related fitness, and/or dance/movement video resource at school.

Participates in a teacher-directed skill-related fitness, and/or dance/movement video resource at school and/or at home.

3.6 Physical Activity, Community,

Participates with family in activities that are enjoyable, challenging, fun and/or that allow for self-expression.

Participates with family or friends in activities that are enjoyable, challenging, fun and/or that allow for self-expression.

Identifies ways to be responsible for one’s own fitness by choosing to be active at home or at school.

Performance Expectations

Grade 3

Grade 4

Grade 5

3.1 Health-Related Fitness and Exercise.

Participates in exercises and/or activities and identifies muscle groups or body systems targeted.

Participates in targeted activities to improve specific health-related fitness components demonstrating appropriate form, technique, and principles of exercise.

Demonstrates appropriate form, technique, and principles and adjusts intensity to sustain activity

3.2 Skill-Related Fitness and Training

Participates in exercises and/or activities and identifies the skill-related fitness component(s) targeted.

Participates in exercises, movement patterns, and/or sport skill activities and identifies the skill-related component(s) targeted.

Uses one or more skill-related fitness components used during exercise, movement patterns, or sport skill activities and identifies the skill-related component targeted.

3.3 Training Principles for Fitness and Sport

Participates in workouts and identifies exercise and/or activities in each part of the workout.

Participates in workouts and describes and/or explains body responses to physical activities

Participates in workouts and describes and/or explains, measures and/or records body responses to physical activities.

3.4 Health-related and/or sport training and/or fitness plan

Uses movement or sport skills to create a simple workout that includes a warm-up, workout, and cool-down.

Creates and implements a workout plan using exercises and/or activities in one or more health-related components.

Creates and implements a workout plan using exercises and/or activities utilizing skill-related and/or health-related fitness components

3.5 Fitness, Sport, and Technology

Uses teacher-directed video-resources or apps to engage in fitness activities and/or skill-practice.

Uses teacher-directed technology tools to engage in fitness or skill-practice activities at home or at school.

Uses teacher-directed technology tools to measure or practice targeted lesson objectives.

3.6 Physical Activity, Community,

Participates actively in physical activities at recess.

Participates in activities at school and/or outside of school,

Identifies opportunities and participates in activities at school, outside of school, and in the community with family and friends.

Early Adolescence

Grades 6 - 8

Performance Expectations

Emerging

Maturing

Applying

3.1 Health-Related Fitness and Exercise.

Demonstrates body positioning and/or technique when performing muscle strength, muscle endurance, and flexibility exercises.

Identifies and/or classifies exercises and physical activities for each health-related fitness components

Demonstrates proper body positioning and/or technique when executing muscle strength, muscle endurance, and flexibility exercises while engaged in health-related fitness activities (ex. Tabata, exercise circuit, etc.).

Maintains a pace while walking, jogging, or running.

Creates simple exercise routines and records workout data in a simple log.

3.2 Skill-Related Fitness and Training

Lists, defines, and explains skill-related fitness components and uses components in exercises and/or games.

Demonstrates improvements in skill-related fitness exercises

Creates a skill-related fitness exercise circuit and records data in a personal log

3.3 Training Principles for Fitness and Sport

Uses training principles to improve fitness or sport performance.

Uses measurement tools to identify intensity of exercise or activity

Examines fitness data to improve fitness or sport performance

3.4 Health-related and/or sport training and/or fitness plan

Engages/follows a teacher created exercise plan demonstrating proper posture and technique when performing exercises.

Designs and implements a personal fitness plan based on fitness or sport goals for physical education.

Designs and implements a personal fitness plan for home based on fitness or sport goals.

3.5 Fitness, Sport, and Technology

Uses teacher-directed technology tools to engage in health-related fitness activities for skill practice or for enjoyment.

Uses teacher-directed fitness-related technology tools to measure physical activity and/or practice lesson objectives.

Selects and uses technology tools to monitor exercise programs or uses video resources to gain ideas to create a new exercise plan.

3.6 Physical Activity, Community,

Identifies and/or participates in physical activities at school, home, and/or in the community

Participates in physical activities at school, home, and/or in the community

Creates a plan to be active at home or in community activities.

Adolescence

Grades 9- Diploma

Performance Expectations

Level 1

Level 2

3.1 Health-Related Fitness and Exercise.

Executes with proper form and technique a wide variety of exercises in each of the health-related fitness components addressing all major muscle groups.

Engages in cardiorespiratory activities.

Analyzes one’s personal preferences and/or choices of exercise and exercise tools for the benefits, risk, safety, accessibility, adherence, and enjoyment.

Develops and maintains a fitness portfolio that includes. assessments, goals, activities, and a tracking system for personal improvement.

3.2 Skill-Related Fitness and Training

Participates and examines exercise programs that train each of the skill-related fitness components.

Designs or implements a training plan that incorporates one or more training principles.

3.3 Training Principles for Fitness and Sport

Applies training principles to health-related fitness exercise plans or a sport skill or sport fitness improvement plan.

Evaluates performance data and applies training principles to revise health-related fitness or sport skill/fitness plan to improve performance.

3.4 Health-related and/or sport fitness or training plan

Creates, implements, monitors (log), reassess, and revises a personal health-related and/or sport fitness plan for home, community, and school.

Creates, monitors (log), and revises one or more personal health-related and/or sport fitness plans implemented by one or more peers.

3.5 Fitness, Sport, and Technology

Investigates and uses available technology tools, applications, and connections on social media as tools for supporting a healthy, active lifestyle and/or to self-monitor exercise and/or physical activity.

Investigates and uses available technology tools, applications, and connections on social media as tools for supporting a healthy, active lifestyle and/or to self-monitor exercise and/or physical activity.

3.6 Physical Activity, Community

Evaluates one or more recreation or sport activities that can be pursued in the local community and evaluates the activity and/or activities based on benefits, social support networks, and participation requirements.

Evaluates one or more recreation or sport activities that can be pursued in the local community and evaluates the activity and/or activities based on benefits, social support networks, and participation requirements

Standard 4

Responsible Personal and Social Behavior: Physically literate students exhibit responsible personal and social behavior that respects self and others.

Childhood

Performance Expectation

Kindergarten

Grade 1

Grade 2

4.1 Personal Responsibility

Uses basic strategies, concepts, and communication skills for working cooperatively in group settings.

Acknowledges responsibility for behavior when prompted.

Uses basic strategies, concepts, and communication skills for working cooperatively in group settings.

Accepts personal responsibility for behavior.

Explains the value of working cooperatively in group settings.

Accepts personal responsibility for behavior.

4.2 Working with Others

Demonstrates cooperative skills.

Understands how social interaction can make activities more enjoyable.

Demonstrates cooperative skills.

Understands how social interaction can make activities more enjoyable.

Demonstrates cooperative skills.

Summarizes the benefits of positive social interaction to make activities more enjoyable.

4.3 Rules, Etiquette, and Safety

Uses safe practices when engaging in physical education activities.

Uses safe practices when engaging in physical education activities.

Uses safe practices when engaging in physical education activities with little or no prompting.

Childhood

Performance Expectation

Grade 3

Grade 4

Grade 5

4.1 Personal Responsibility

Uses self-control to demonstrate personal responsibility and respect for self and others.

Uses self-control through structure, expectations, and engagement to demonstrate personal responsibility and respect for self and others.

Uses self-control to work independently in developing responsibility and respect for self and others.

4.2 Working with others

Demonstrates cooperation and communication skills to achieve common goals.

Explains the importance of working productively with others.

Demonstrates cooperation and communication skills to achieve common goals.

Understands the importance of culture and ethnicity in developing self-awareness and working productively with others.

Demonstrates cooperation and communication skills to achieve common goals.

Understands the importance of culture and ethnicity in developing self-awareness and working productively with others.

4.3 Rules, Etiquette, and Safety

Uses safe practices when engaging in physical education activities with little or no prompting.

Uses safe practices when engaging in physical education activities without prompting.

Uses safe practices when engaging in physical education activities without prompting.

Early Adolescence

Grades 6 - 8

Performance Expectation

Emerging

Maturing

Applying

4.1 Personal Responsibility

Exhibits personal responsibility by using appropriate strategies to seek greater independence from adults, and reinforce positive behaviors, when completing assigned tasks.

Demonstrates personal responsibility by using a variety of appropriate strategies to seek greater independence from adults, and reinforce positive behaviors, when completing assigned tasks.

Demonstrates personal responsibility by working independently from adults.

Consistently applies strategies to reinforce positive behaviors when completing assigned tasks.

4.2 Cooperative Skills

Uses well-developed cooperation skills to accomplish group goals in both cooperative and competitive situations.

Analyzes conflicts that arise in competitive activities to determine the most appropriate ways of resolving the conflicts.

Contrasts between appropriate and inappropriate strategies for communicating ideas and feelings.

Understands the role of diversity in physical activity, respecting limitations and strengths of members of a variety of groups.

Exemplifies well-developed cooperation skills to accomplish group goals in both cooperative and competitive situations.

Compares factors in different cultures and/or social settings that influence the choice of physical activity.

4.3 Rules, Etiquette, and Safety

Uses safe practices when engaging in physical education activities without prompting.

Uses safe practices when engaging in physical education activities without prompting.

Uses safe practices when engaging in physical education activities without prompting.

Adolescence

Grades 9 - Diploma

Performance Expectations

Level 1

Level 2

4.1 Personal Responsibility

Demonstrates personal responsibility in all physical education activities.

Implements leadership skills to promote responsibility in self and others.

4.2 Cooperative Skills

Apply appropriate communication and cooperative skills including problem solving and resolving conflict in a variety of physical activities and team or group situations.

Compares factors in different cultures and/or social settings that influence the choice of physical activity.

Selects the most appropriate ways of responding and mediation to settle conflicts.

Explains the influence of physical activity on cultural competence and the development of self-awareness

4.3 Rules, Etiquette, and Safety

Uses safe practices when engaging in physical education activities.

Uses safe practices when engaging in physical education activities.

Standard 5

Recognition of the Value of Physical Activity: Physically literate students recognize the value of physical activity for health, enjoyment, challenge, self-expression, and /or social interaction.

Childhood

Performance Expectations

Kindergarten

Grade 1

Grade 2

5.1 Health

Recognizes that physical activity is important to good health.

Identifies that physical activity is a component of good health.

Recognizes the value of physical activity for good health.

5.2 Challenge

Understands that some physical activities are challenging.

Recognizes challenges when learning a new physical activity.

Recognizes that perseverance in physical activities can lead to improvement

5.3 Self-expression and Enjoyment

Identifies positive feelings that result from participating in physical activity.

Describes physical activities that are enjoyable.

Describes reasons for enjoying physical activity.

5.4 Social Interaction

Recognizes that physical activity can help develop friendships.

Identifies that physical activity promotes opportunity for social interaction

Understands that physical activities can foster cooperation

Childhood

Performance Expectations

Grade 3

Grade 4

Grade 5

5.1 Health

Discusses the relationship between physical activity and health.

Examines the health benefits of participating in physical activity.

Compares the health benefits of participating in selected physical activities.

5.2 Challenge

Describes how practice develops confidence in challenging physical activities

Understands that improving performance in challenging physical activities requires consistent practice

Explains how to overcome challenges essential for improvement

5.3 Self-expression and Enjoyment

Identifies physical activities that provide opportunities for self-expression.

Identifies physical activities for the purpose of self-expression and enjoyment.

Analyzes how various physical activities promote self-expression and enjoyment.

5.4 Social Interaction

Describes how physical activities can promote positive social interactions

Describes social benefits gained from participating in physical activity.

Describe physical activities that promote camaraderie.

Describes social benefits of engaging in partner, small group, and large group physical activities.

Early Adolescence

Grades 6 - 8

Performance Expectations

Emerging

Maturing

Applying

5.1 Health

Identifies and compare health benefits and physical activities

Describes how different types of physical activity exert a positive impact on health and improve the quality of life.

Explains the connections between health-related fitness and overall physical and mental health, and the positive impacts on the quality of life.

5.2 Challenge

Applies strategies for overcoming individual challenges in a physical activity setting.

Uses positive strategies when faced with a group challenge.

Applies strategies to overcome challenges in a physical activity.

5.3 Self-expression and Enjoyment

Describes how moving competently in a physical activity setting creates enjoyment.

Identify how self-expression and physical activity are related.

Identifies why self-selected physical activities create enjoyment

Explain the relationship between self-expression and lifelong enjoyment through physical activity.

Discusses how enjoyment can be increased in self-selected physical activities.

Identify and participate in an enjoyable activity that prompts individual self-expressions.

5.4 Social Interaction

Demonstrates the importance of social interaction by following rules and encouraging others in various physical activities and games.

Demonstrates the importance of social interaction by avoiding trash talk and playing in the spirit of activities and games.

Demonstrates importance of social interaction by asking for help and helping others in various physical activities and games

Adolescence

Grade 9 - Diploma

Performance Expectations

Level 1

Level 2

5.1 Health

Analyzes the health benefits of physical activity.

Analyzes the health benefits of a self-selected physical activity.

5.2 Challenge

Chooses an appropriate level of challenge to experience success in a physical activity

Chooses an appropriate level of challenge to experience success in a self-selected physical activity

5.3 Self-expression and Enjoyment

Participates in a self-selected physical activity for self-expression and enjoyment

Participates in a self-selected physical activity for self-expression and enjoyment

5.4 Social Interaction

Identifies opportunities for social interaction in a self-selected physical activity

Evaluates opportunities for social interaction and social support in a self-selected physical activity.

Mathematics

A strong mathematics education depends upon a clear understanding of its interrelated concepts, skills and practices to ensure students are on the pathway to success in their academic careers. The knowledge and skills students need to be prepared for mathematics in college, career, and life are woven throughout the K-12 mathematics performance expectations.

Outline of Mathematics Strands and Standards

These mathematical performance expectations are building blocks to standards. The standards are grouped into four strands:

Quantitative Reasoning (Blue) : Counting and Cardinality, Number and Operations in Base Ten, Number and Operations Fractions, Ratio and Proportional Relations, The Number System, and Number and Quantity.

Algebraic Reasoning (Green) : Operations and Algebraic Thinking, Expressions and Equations, Functions, and Algebra

Geometric Reasoning (Red) : Geometry

Statistical Reasoning (Purple) : Measurement and Data, Statistics and Probability

These mathematical performance expectations are broken into three grade spans: C hildhood (K-5), E arly A dolescence (6-8), and A dolescence (9-Diploma). The strands are color-coded, as indicated above, for continuity throughout the grade spans. Standards do not work in isolation, they are connected through and across strands.

How to Read the Standards

Strand Grade Span Standard Number

QR.EA.3

Within the high school performance expectations, modeling is woven throughout the four strands and is denoted with a star (★). The high school standards also contain some performance expectations which are denoted by a plus ( + ). These performance expectations are intended to be extensions of learning. All students should be given opportunities to explore this content, but mastery is not expected.

The Guiding Principles & Standards for Mathematical Practice

The Guiding Principles influence education in Maine and should be reflected throughout Mathematics curriculum. The Standards for Mathematical Practice describe varieties of expertise that mathematics educators at all levels should seek to develop in their students. Full descriptions of the Guiding Principles and Standards for Mathematical Practice can be found in the Supplemental Material. Examples of how students can show evidence of those Guiding Principles and Standards for Mathematical Practice may include:

Guiding Principles

A. A clear and effective communicator: Students will use written, oral, symbolic, and visual forms of expression to communicate mathematically.

B. A self-directed and lifelong learner: Students generate and persevere in solving questions while demonstrating a growth mindset.

C. A creative and practical problem solver: Students will pose and solve mathematical problems by using a variety of strategies that connect to real-world examples.

D. A responsible and involved citizen: Students make sense of the world around them through mathematics including economic literacy.

E. An integrative and informed thinker: Students connect mathematics to other learning by understanding the interrelationships of mathematical ideas and the role math plays in other disciplines and life.

Standards for Mathematical Practice

1. Make sense of problems and persevere in solving them: Students will plan strategies to use and persevere in solving math problems.

2. Reason abstractly and quantitatively: Students will think about numbers in many ways and make sense of numerical relationships as they solve problems.

3. Construct viable arguments and critique the reasoning of others: Students will explain their thinking and make sense of the thinking of others.

4. Model with mathematics: Students will use representations to show their thinking in a variety of ways.

5. Use appropriate tools strategically: Students will use math tools such as tables, diagrams, and technology to explore and deepen their understanding of concepts.

6. Attend to precision: Students will use precise mathematical language and check their work for accuracy.

7. Look for and make use of structure: Students will use their current mathematical understandings to identify patterns and structure to make sense of new learning.

8. Look for and express regularity in repeated reasoning: Students will look for patterns and rules to help create general methods and shortcuts that can be applied to similar mathematical problems.

Quantitative Reasoning

Quantitative reasoning is the application of basic mathematics skills to analyze and process real-world information. In the K-5 grades, students use numbers, including written numerals, to represent quantities and to solve quantitative problems. Students will work on counting and cardinality, number and operations in Base Ten and fractions. Students will develop strategies to extend their understanding of the base ten system and apply those strategies to solve real-world problems using all four operations. Students progress from working with whole numbers to fractions and decimals.

In grades 6-8 students use reasoning about multiplication and division to solve ratio and rate problems about quantities. They develop an understanding of proportionality to solve problems and graph relationships. Overall, students extend and develop their understanding of rational numbers and can compute in all operations. Students use these operations to solve real-world problems. Students use this understanding of rational numbers as they formulate expressions and equations in one variable and use these equations to solve problems. They reason about the order and absolute value of rational numbers and about the location of points in all four quadrants of the coordinate plane.

In the high school grades, the foundational concepts of operations with rational numbers and numerical properties built in the K-5 and 6-8 grade spans are applied to irrational numbers. Using a wider variety of units in modeling, (e.g. acceleration, currency conversions, and derived quantities such as person-hours and heating degree days), as well as the properties of rational and irrational numbers students are guided to the solution(s) to multi-step problems. Extending the properties of integer exponents to rational exponents deepens student understanding of how various but equivalent notations can facilitate their algebraic reasoning and problem-solving processes. Students are encouraged to expand these operations and properties into complex numbers, vectors, and matrices to further deepen their understanding of quantitative reasoning.

Strand

Quantitative Reasoning- Counting and Cardinality

Standard

QR.C.1 Know the number names and the count sequence.

Childhood

Kindergarten

Grade 1

Grade 2

Performance Expectations

K.CC.A.1: Count to 100 by ones and by tens

K.CC.A.2: Count forward beginning from a given number within the known sequence (instead of having to begin at 1)

K.CC.A.3: Write numbers from 0 to 20. Represent a number of objects with a written numeral 0-20 (with 0 representing a count of no objects)

Strand

Quantitative Reasoning- Counting and Cardinality

Standard

QR.C.2 Count to tell the number of objects.

Childhood

Kindergarten

Grade 1

Grade 2

Performance Expectations

K.CC.B.4: Understand the relationship between numbers and quantities; connect counting to cardinality.

K.CC.B.4a: When counting objects, say the number names in the standard order, pairing each object with one and only one number name and each number name with one and only one object.

K.CC.B.4b: Understand that the last number name said tells the number of objects counted. The number of objects is the same regardless of their arrangement or the order in which they were counted.

K.CC.B.4c: Understand that each successive number name refers to a quantity that is one larger. Recognize the one more pattern of counting using objects.

K.CC.B.5: Count to answer “how many?” questions about as many as 20 things arranged in a line, a rectangular array, or a circle, or as many as 10 things in a scattered configuration; given a number from 1-20, count out that many objects.

Strand

Quantitative Reasoning- Counting and Cardinality

Standard

QR.C.3 Compare numbers.

Childhood

Kindergarten

Grade 1

Grade 2

Performance Expectations

K.CC.C.6: Identify whether the number of objects in one group is greater than, less than, or equal to the number of objects in another group, e.g., by using matching and counting strategies. Include groups with up to ten objects.

K.CC.C.7: Compare two numbers between 1 and 10 presented as written numerals.

Strand

Quantitative Reasoning - Numbers and Operations in Base Ten

Standard

QR.C.4 Extend the counting sequence.

Childhood

Kindergarten

Grade 1

Grade 2

Performance Expectations

1.NBT.A.1: Count to 120, starting at any number less than 120. In this range, read and write numerals and represent a number of objects with a written numeral.

Strand

Quantitative Reasoning - Numbers and Operations in Base Ten

Standard

QR.C.5 Understand place value.

Childhood

Kindergarten

Grade 1

Grade 2

Performance Expectations

K.NBT.A.1: Compose and decompose numbers from 11 to 19 into ten ones and some further ones, e.g., by using objects or drawings, and record each composition or decomposition by a drawing or equation (e.g., 18 = 10 + 8 and 10+8=18); understand that these numbers are composed of ten ones and one, two, three, four, five, six, seven, eight, or nine ones.

1.NBT.B.2: Understand that the two digits of a two-digit number represent amounts of tens and ones. Understand the following as special cases:

1.NBT.B.2a: 10 can be thought of as a bundle of ten ones - called a “ten.”

1.NBT.B.2b: The numbers from 11 to 19 are composed of a ten and one, two, three, four, five, six, seven, eight, or nine ones.

1.NBT.B.2c: The numbers 10, 20, 30, 40, 50, 60, 70, 80, 90 refer to one, two, three, four, five, six, seven, eight, or nine tens (and 0 ones).

1.NBT.B.3: Compare two two-digit numbers based on meanings of the tens and ones digits, recording the results of comparisons with the symbols >, =, and <.

2.NBT.A.1: Understand that the three digits of a three-digit number represent amounts of hundreds, tens, and ones; e.g., 706 equals 7 hundreds, 0 tens, and 6 ones. Understand the following as special cases:

2.NBT.A.1a: 100 can be thought of as a bundle of ten tens - called a “hundred.”

2.NBT.A.1b: The numbers 100, 200, 300, 400, 500, 600, 700, 800, 900 refer to one, two, three, four, five, six, seven, eight, or nine hundreds (and 0 tens and 0 ones).

2.NBT.A.2: Count within 1000; skip-count by 5s, 10s, and 100s. Identify patterns in skip counting at any number. (For example, 37, 47, 57 or 328, 428, 528, etc.)

2.NBT.A.3: Read and write numbers to 1000 using base-ten numerals, number names, and expanded form.

2.NBT.A.4: Compare two three-digit numbers based on meanings of the hundreds, tens, and ones digits, using >, =, and < symbols to record the results of comparisons.

Strand

Quantitative Reasoning - Numbers and Operations in Base Ten

Standard

QR.C.6 Use place value understanding and properties of operations to add and subtract.

Childhood

Kindergarten

Grade 1

Grade 2

Performance Expectations

1.NBT.C.4: Add within 100, including adding a two-digit number and a one-digit number, and adding a two-digit number and a multiple of 10, using concrete models or drawings and strategies based on place value, properties of operations, and/or the relationship between addition and subtraction; relate the strategy to a written method and explain the reasoning used. Understand that in adding two-digit numbers, one adds tens and tens, ones and ones; and sometimes it is necessary to compose a ten.

1.NBT.C.5: Given a two-digit number, mentally find 10 more or 10 less than the number, without having to count; explain the reasoning used.

1.NBT.C.6: Subtract multiples of 10 in the range 10-90 from multiples of 10 in the range 10-90 (positive or zero differences), using concrete models or drawings and strategies based on place value, properties of operations, and/or the relationship between addition and subtraction; relate the strategy to a written method and explain the reasoning used.

2.NBT.B.5: Fluently add and subtract within 100 using strategies based on place value, properties of operations, and/or the relationship between addition and subtraction.

2.NBT.B.7: Add and subtract within 1000, using concrete models or drawings and strategies based on place value, properties of operations, and/or the relationship between addition and subtraction; relate the strategy to a written method. Understand that in adding or subtracting three-digit numbers, one adds or subtracts hundreds and hundreds, tens and tens, ones and ones; and sometimes it is necessary to compose or decompose tens or hundreds.

2.NBT.B.8: Mentally add 10 or 100 to a given number 100–900, and mentally subtract 10 or 100 from a given number 100–900.

2.NBT.B.6: Add up to four two-digit numbers using strategies based on place value and properties of operations.

2.NBT.B.9: Explain why addition and subtraction strategies work, using place value and the properties of operations. Explanations may be supported by drawings or objects.

Strand

Quantitative Reasoning - Numbers and Operations in Base Ten

Standard

QR.C.7 Use place value understanding and properties of operations to perform multi-digit arithmetic with whole numbers and decimals to hundredths.

Childhood

Grade 3

A range of algorithms may be used.

Grade 4

Grade 4 expectations in this strand are limited to whole numbers less than or equal to 1,000,000

Grade 5

Performance Expectations

3.NBT.A.2: Fluently add and subtract within 1000 using strategies and algorithms based on place value, properties of operations, and/or the relationship between addition and subtraction.

3.NBT.A.3: Multiply one-digit whole numbers by multiples of 10 in the range 10-90 (e.g., 9 × 80, 5 × 60) using strategies based on place value and properties of operations.

4.NBT.B.4: Fluently add and subtract multi-digit whole numbers using the standard algorithm.

4.NBT.B.5: Multiply a whole number of up to four digits by a one-digit whole number, and multiply two two-digit numbers, using strategies based on place value and the properties of operations. Illustrate and explain the calculation by using equations, rectangular arrays, and/or area models.

4.NBT.B.6: Find whole-number quotients and remainders with up to four-digit dividends and one-digit divisors, using strategies based on place value, properties of operations, and/or the relationship between multiplication and division. Illustrate and explain the calculation by using equations, rectangular arrays, and/or area models.

5.NBT.B.5: Fluently multiply multi-digit whole numbers using the standard algorithm.

5.NBT.B.6: Find whole-number quotients of whole numbers with up to four-digit dividends and two-digit divisors, using strategies based on place value, properties of operations, and/or the relationship between multiplication and division. Illustrate and explain the calculation by using equations, rectangular arrays, and/or area models.

5.NBT.B.7: Add, subtract, multiply, and divide decimals to hundredths, using concrete models or drawings and strategies based on place value, properties of operations, money and/or the relationship between addition and subtraction; relate the strategy to a written method and explain the reasoning used.

Strand

Quantitative Reasoning - Numbers and Operations in Base Ten

Standard

QR.C.8 Understand the place value system.

Childhood

Grade 3

A range of algorithms may be used.

Grade 4

Grade 4 expectations in this strand are limited to whole numbers less than or equal to 1,000,000

Grade 5

Performance Expectations

3.NBT.A.1: Use place value understanding to round whole numbers to the nearest 10 or 100.

4.NBT.A.3: Use place value understanding to round multi-digit whole numbers to any place.

4.NBT.A.2: Read and write multi-digit whole numbers using base-ten numerals, number names, and expanded form. Compare two multi-digit numbers based on meanings of the digits in each place, using >, =, and < symbols to record the results of comparisons.

4.NBT.A.1: Recognize that in a multi-digit whole number, a digit in any place represents ten times what it represents in the place to its right. For example, recognize that 700 ÷ 70 = 10 by applying concepts of place value and division .

5.NBT.A.4: Use place value understanding to round decimals to any place.

5.NBT.A.3: Read, write, and compare decimals to thousandths.

5.NBT.A.3a: Read and write decimals to thousandths using base-ten numerals, number names, and expanded form, e.g., 347.392 = 3 × 100 + 4 × 10 + 7 × 1 + 3 × (1/10) + 9 × (1/100) + 2 × (1/1000).

5.NBT.A.3b: Compare two decimals to thousandths based on meanings of the digits in each place, using >, =, and < symbols to record the results of comparisons.

5.NBT.A.1: Recognize that in a multi-digit number, a digit in one place represents 10 times as much as it represents in the place to its right and 1/10 of what it represents in the place to its left.

5.NBT.A.2: Explain patterns in the number of zeros of the product when multiplying a number by powers of 10, and explain patterns in the placement of the decimal point when a decimal is multiplied or divided by a power of 10. Use whole-number exponents to denote powers of 10.

Strand

Quantitative Reasoning - Numbers and Operations: Fractions

Standard

QR.C.9 Develop and extend the understanding of fractions as numbers, including equivalence and ordering.

Childhood

Grade 3

Grade 3 expectations in this strand are limited to fractions with denominators 2, 3, 4, 6, and 8.

Grade 4

Grade 4 expectations in this strand are limited to fractions with denominators 2, 3, 4, 5, 6, 8, 10, 12, and 100.

Grade 5

Performance Expectations

3.NF.A.1: Understand a unit fraction 1/ b as the quantity formed by 1 part when a whole is partitioned into b equal parts; understand a fraction a / b as the quantity formed by a parts of size 1/ b .

3.NF.A.2: Understand a fraction as a number on the number line; represent fractions on a number line diagram.

3.NF.A.2a: Represent a fraction 1/ b on a number line diagram by defining the interval from 0 to 1 as the whole and partitioning it into b equal parts. Recognize that each part has size 1/ b and that the endpoint of the part based at 0 locates the number 1/ b on the number line.

3.NF.A.2b: Represent a fraction a / b on a number line diagram by marking off a lengths 1/ b from 0. Recognize that the resulting interval has size a / b and that its endpoint locates the number a / b on the number line.

3.NF.A.3: Explain equivalence of fractions in special cases, and compare fractions by reasoning about their size.

3.NF.A.3a: Understand two fractions as equivalent (equal) if they are the same size, or the same point on a number line.

3.NF.A.3b: Recognize and generate simple equivalent fractions, e.g., 1/2 = 2/4, 4/6 = 2/3. Explain why the fractions are equivalent, e.g., by using a visual fraction model.

3.NF.A.3c: Express whole numbers as fractions and recognize fractions that are equivalent to whole numbers. Examples: Express 3 in the form 3 = 3/1; recognize that 6/1 = 6; locate 4/4 and 1 at the same point of a number line diagram .

3.NF.A.3d: Compare two fractions with the same numerator or the same denominator by reasoning about their size. Recognize that comparisons are valid only when the two fractions refer to the same whole. Record the results of comparisons with the symbols >, =, or <, and justify the conclusions, e.g., by using a visual fraction model.

4.NF.A.1: Explain why a fraction a / b is equivalent to a fraction ( n × a )/( n × b ) by using visual fraction models, with attention to how the number and size of the parts differ even though the two fractions themselves are the same size. Use this principle to recognize and generate equivalent fractions, including fractions greater than 1.

4.NF.A.2: Compare two fractions with different numerators and different denominators, e.g., by creating common denominators or numerators, or by comparing to a benchmark fraction such as 1/2. Recognize that comparisons are valid only when the two fractions refer to the same whole. Record the results of comparisons with symbols >, =, or <, and justify the conclusions, e.g., by using a visual fraction model.

Strand

Quantitative Reasoning - Numbers and Operations: Fractions

Standard

QR.C.10 Understand decimal notation for fractions, and compare decimal fractions.

Childhood

Grade 3

Grade 4

Grade 4 expectations in this strand are limited to fractions with denominators 2, 3, 4, 5, 6, 8, 10, 12, and 100.

Students who can generate equivalent fractions can develop strategies for adding fractions with unlike denominators in general. But addition and subtraction with unlike denominators in general is not a requirement at this grade.

Grade 5

Performance Expectations

4.NF.C.5: Express a fraction with denominator 10 as an equivalent fraction with denominator 100 and use this technique to add two fractions with respective denominators 10 and 100.² For example, express 3/10 as 30/100, and add 3/10 + 4/100 = 34/100 .

4.NF.C.6: Use decimal notation for fractions with denominators 10 or 100. For example, rewrite 0.62 as 62/100; describe a length as 0.62 meters; locate 0.62 on a number line diagram .

4.NF.C.7: Compare two decimals to hundredths by reasoning about their size. Recognize that comparisons are valid only when the two decimals refer to the same whole. Record the results of comparisons with the symbols >, =, or <, and justify the conclusions, e.g., by using a visual model.

Strand

Quantitative Reasoning - Numbers and Operations: Fractions

Standard

QR.C.11 Use equivalent fractions as a strategy to add and subtract fractions.

Childhood

Grade 3

Grade 4

Grade 4 expectations in this strand are limited to fractions with denominators 2, 3, 4, 5, 6, 8, 10, 12, and 100.

Students who can generate equivalent fractions can develop strategies for adding fractions with unlike denominators in general. But addition and subtraction with unlike denominators in general is not a requirement at this grade.

Grade 5

Performance Expectations

4.NF.B.3: Understand a fraction a / b with a > 1 as a sum of fractions 1/ b .

4.NF.B.3a: Understand addition and subtraction of fractions as joining and separating parts referring to the same whole.

4.NF.B.3b: Decompose a fraction into a sum of fractions with the same denominator in more than one way, recording each decomposition by an equation. Justify decompositions, e.g., by using a visual fraction model to build fractions from unit fractions. Examples: 3/8 = 1/8 + 1/8 + 1/8; 3/8 = 1/8 + 2/8; 2 1/8 = 1 + 1 + 1/8 = 8/8 + 8/8 + 1/8 .

4.NF.B.3c: Add and subtract mixed numbers with like denominators, e.g., by replacing each mixed number with an equivalent fraction, and/or by using properties of operations and the relationship between addition and subtraction.

4.NF.B.3d: Solve word problems involving addition and subtraction of fractions referring to the same whole and having like denominators, e.g., by using visual fraction models and equations to represent the problem.

5.NF.A.1: Add and subtract fractions with unlike denominators (including mixed numbers) by replacing given fractions with equivalent fractions in such a way as to produce an equivalent sum or difference of fractions with like denominators. For example, 2/3 + 5/4 = 8/12 + 15/12 = 23/12. (In general, a/b + c/d = (ad + bc)/bd.)

5.NF.A.2: Solve word problems involving addition and subtraction of fractions referring to the same whole, including cases of unlike denominators, e.g., by using visual fraction models or equations to represent the problem. Use benchmark fractions and number sense of fractions to estimate mentally and assess the reasonableness of answers. For example, recognize an incorrect result 2/5 + 1/2 = 3/7, by observing that 3/7 < 1/2 .

Strand

Quantitative Reasoning - Numbers and Operations: Fractions

Standard

QR.C.12 Apply and extend previous understandings of multiplication and division to multiply and divide fractions.

Childhood

Grade 3

Grade 4

Grade 5

Students able to multiply fractions in general can develop strategies to divide fractions in general, by reasoning about the relationship between multiplication and division. But division of a fraction by a fraction is not a requirement at this grade.

Performance Expectations

4.NF.B.4: Apply and extend previous understandings of multiplication to multiply a fraction by a whole number.

4.NF.B.4a: Understand a fraction a / b as a multiple of 1/ b . For example, use a visual fraction model to represent 5/4 as the product 5 × (1/4), recording the conclusion by the equation 5/4 = 5 × (1/4) .

4.NF.B.4b: Understand a multiple of a/b as a multiple of 1/b and use this understanding to multiply a fraction by a whole number. For example, use a visual fraction model to express 3 × (2/5) as 6 × (1/5), recognizing this product as 6/5. (In general, n × (a/b) = (n × a)/b.)

4.NF.B.4c: Solve word problems involving multiplication of a fraction by a whole number, e.g., by using visual fraction models and equations to represent the problem. For example, if each person at a party will eat 3/8 of a pound of roast beef, and there will be 5 people at the party, how many pounds of roast beef will be needed? Between what two whole numbers does your answer lie?

5.NF.B.4: Apply and extend previous understandings of multiplication to multiply a fraction or whole number by a fraction.

5.NF.B.4a: Interpret the product ( a / b ) × q as a parts of a partition of q into b equal parts; equivalently, as the result of a sequence of operations a × q ÷ b . For example, use a visual fraction model to show (2/3) × 4 = 8/3, and create a story context for this equation. Do the same with (2/3) × (4/5) = 8/15. (In general, (a/b) × (c/d) = (ac)/(bd).

5.NF.B.4b: Find the area of a rectangle with fractional side lengths by tiling it with unit squares of the appropriate unit fraction side lengths and show that the area is the same as would be found by multiplying the side lengths. Multiply fractional side lengths to find areas of rectangles and represent fraction products as rectangular areas.

5.NF.B.3: Interpret a fraction as division of the numerator by the denominator ( a / b = a ÷ b ). Solve word problems involving division of whole numbers leading to answers in the form of fractions or mixed numbers, e.g., by using visual fraction models or equations to represent the problem. For example, interpret 3/4 as the result of dividing 3 by 4, noting that 3/4 multiplied by 4 equals 3, and that when 3 wholes are shared equally among 4 people each person has a share of size 3/4. If 9 people want to share a 50-pound sack of rice equally by weight, how many pounds of rice should each person get? Between what two whole numbers does your answer lie?

5.NF.B.5: Interpret multiplication scaling (resizing), by:

5.NF.B.5a: Comparing the size of a product to the size of one factor on the basis of the size of the other factor, without performing the indicated multiplication.

5.NF.B.5b: Explaining why multiplying a given number by a fraction greater than 1 results in a product greater than the given number (recognizing multiplication by whole numbers greater than 1 as a familiar case); explaining why multiplying a given number by a fraction less than 1 results in a product smaller than the given number; and relating the principle of fraction equivalence a / b = ( n × a )/( n × b ) to the effect of multiplying a / b by 1.

5.NF.B.6: Solve real world problems involving multiplication of fractions and mixed numbers, e.g., by using visual fraction models or equations to represent the problem.

5.NF.B.7: Apply and extend previous understandings of division to divide unit fractions by whole numbers and whole numbers by unit fractions.¹

5.NF.B.7a: Interpret division of a unit fraction by a non-zero whole number and compute such quotients. For example, create a story context for (1/3) ÷ 4, and use a visual fraction model to show the quotient. Use the relationship between multiplication and division to explain that (1/3) ÷ 4 = 1/12 because (1/12) × 4 = 1/3 .

5.NF.B.7b: Interpret division of a whole number by a unit fraction and compute such quotients. For example, create a story context for 4 ÷ (1/5), and use a visual fraction model to show the quotient. Use the relationship between multiplication and division to explain that 4 ÷ (1/5) = 20 because 20 × (1/5) = 4 .

5.NF.B.7c: Solve real world problems involving division of unit fractions by non-zero whole numbers and division of whole numbers by unit fractions, e.g., by using visual fraction models and equations to represent the problem. For example, how much chocolate will each person get if 3 people share 1/2 lb of chocolate equally? How many 1/3-cup servings are in 2 cups of raisins?

Strand

Quantitative Reasoning- Ratio and Proportional Relationships

Standard

QR.EA.1 Understand ratio and rate concepts and use ratio and rate reasoning to solve problems.

Early Adolescence

Grades 6-8

Performance Expectations

6.RP.A.1: Understand the concept of a ratio and use ratio language to describe a ratio relationship between two quantities. For example, "The ratio of wings to beaks of the chickadees in the pine tree was 2:1, because for every 2 wings there was 1 beak." "For every vote candidate A received, candidate C received nearly three votes."

6.RP.A.2: Understand the concept of a unit rate a/b associated with a ratio a:b with b ≠ 0 and use rate language in the context of a ratio relationship. For example, "This recipe has a ratio of 3 cups of flour to 4 cups of sugar, so there is 3/4 cup of flour for each cup of sugar." "We paid $75 for 5 lobsters, which is a rate of $15 per lobster." Expectations for unit rates in this grade are limited to non-complex fractions.

6.RP.A.3: Use ratio and rate reasoning to solve real-world and mathematical problems, e.g., by reasoning about tables of equivalent ratios, tape diagrams, double number line diagrams, or equations.

6.RP.A.3a: Make tables of equivalent ratios relating quantities with whole-number measurements, find missing values in the tables, and plot the pairs of values on the coordinate plane. Use tables to compare ratios.

6.RP.A.3b: Solve unit rate problems including those involving unit pricing and constant speed. For example, if it took 7 hours to mow 4 lawns, then at that rate, how many lawns could be mowed in 35 hours? At what rate were lawns being mowed?

6.RP.A.3c: Find a percent of a quantity as a rate per 100 (e.g., 30% of a quantity means 30/100 times the quantity); solve problems involving finding the whole, given a part and the percent.

6.RP.A.3d: Use ratio reasoning to convert measurement units; manipulate and transform units appropriately when multiplying or dividing quantities.

Strand

Quantitative Reasoning- Ratio and Proportional Relationships

Standard

QR.EA.2 Analyze proportional relationships and use them to solve real-world and mathematical problems.

Early Adolescence

Grades 6-8

Performance Expectations

7.RP.A.1: Compute unit rates associated with ratios of fractions, including ratios of lengths, areas and other quantities measured in like or different units. For example, if a person walks 1/2 mile in each 1/4 hour, compute the unit rate as the complex fraction miles per hour, equivalently 2 miles per hour .

7.RP.A.2: Recognize and represent proportional relationships between quantities.

7.RP.A.2a: Decide whether two quantities are in a proportional relationship, e.g., by testing for equivalent ratios in a table or graphing on a coordinate plane and observing whether the graph is a straight line through the origin.

7.RP.A.2b: Identify the constant of proportionality (unit rate) in tables, graphs, equations, diagrams, and verbal descriptions of proportional relationships.

7.RP.A.2c: Represent proportional relationships by equations. For example, if the total cost t is proportional to the number n of items purchased at a constant price p, the relationship between the total cost and the number of items can be expressed as t = pn .

7.RP.A.2d: Explain what a point ( x , y ) on the graph of a proportional relationship means in terms of the situation, with special attention to the points (0, 0) and (1, r ) where r is the unit rate.

7.RP.A.3: Use proportional relationships to solve multistep ratio, rate, and percent problems. Examples: simple interest, tax, markups and markdowns, gratuities and commissions, fees, percent increase and decrease, percent error.

Strand

Quantitative Reasoning- The Number System

Standard

QR.EA.3 Apply and extend previous understandings of operations with whole numbers to rational numbers.

Early Adolescence

Grades 6-8

Performance Expectations

6.NS.A.1: Interpret and compute quotients of fractions, and solve word problems involving division of fractions by fractions, e.g., by using visual fraction models and/or equations to represent the problem. For example, create a story context for (2/3) ÷ (3/4) and use a visual fraction model to show the quotient; use the relationship between multiplication and division to explain that (2/3) ÷ (3/4) = 8/9 because 3/4 of 8/9 is 2/3. (In general, (a/b) ÷ (c/d) = ad/bc.)

6.NS.B.3: Fluently add, subtract, multiply, and divide multi-digit decimals using the standard algorithm for each operation.

7.NS.A.1: Apply and extend previous understandings of addition and subtraction to add and subtract rational numbers; represent addition and subtraction on a horizontal or vertical number line diagram.

7.NS.A.1a: Describe situations in which opposite quantities combine to make 0. For example, a hydrogen atom has a zero charge because its two constituents are oppositely charged.

7.NS.A.1b: Understand p + q as the number located a distance | q | from p , in the positive or negative direction depending on whether q is positive or negative. Show that a number and its opposite have a sum of 0 (are additive inverses). Interpret sums of rational numbers by describing real-world contexts.

7.NS.A.1c: Understand subtraction of rational numbers as adding the additive inverse, p - q = p + (- q ). Show that the distance between two rational numbers on the number line is the absolute value of their difference and apply this principle in real-world contexts.

7.NS.A.1d: Apply properties of operations as strategies to add and subtract rational numbers.

7.NS.A.2: Apply and extend previous understandings of multiplication and division and of fractions to multiply and divide rational numbers.

7.NS.A.2a: Understand that multiplication is extended from fractions to rational numbers by requiring that operations continue to satisfy the properties of operations, particularly the distributive property, leading to products such as (-1)(-1) = 1 and the rules for multiplying signed numbers. Interpret products of rational numbers by describing real-world contexts.

7.NS.A.2b: Understand that integers can be divided, provided that the divisor is not zero, and every quotient of integers (with non-zero divisor) is a rational number. If p and q are integers, then -( p / q ) = (- p )/ q = p /(- q ). Interpret quotients of rational numbers by describing real-world contexts.

7.NS.A.2c: Apply properties of operations as strategies to multiply and divide rational numbers.

7.NS.A.2d: Convert a rational number to a decimal using long division; know that the decimal form of a rational number terminates in 0s or eventually repeats.

7.NS.A.3: Solve real-world and mathematical problems involving the four operations with rational numbers. Computations with rational numbers extend the rules for manipulating fractions to complex fractions.

Strand

Quantitative Reasoning- The Number System

Standard

QR.EA.4 Compute fluently with multi-digit whole numbers and find common factors and multiples.

Early Adolescence

Grades 6-8

Performance Expectations

6.NS.B.2: Fluently divide multi-digit numbers using the standard algorithm.

6.NS.B.4: Find the greatest common factor of two whole numbers less than or equal to 100 and the least common multiple of two whole numbers less than or equal to 12. ( For example: Use prime factorization to find the greatest common factor) ;Use the distributive property to express a sum of two whole numbers 1-100 with a common factor as a multiple of a sum of two relatively prime numbers. For example, express 36 + 8 as 4 (9 + 2).

Strand

Quantitative Reasoning - The Number System

Standard

QR.EA.5 Apply and extend previous understandings of numbers to the system of rational numbers.

Early Adolescence

Grades 6-8

Performance Expectations

6.NS.C.5: Understand that positive and negative numbers are used together to describe quantities having opposite directions or values (e.g., temperature above/below zero, elevation above/below sea level, credits/debits, positive/negative electric charge); use positive and negative rational numbers to represent quantities in real-world contexts, explaining the meaning of 0 in each situation.

6.NS.C.6: Understand a rational number as a point on the number line. Extend number line diagrams and coordinate axes familiar from previous grades to represent points on the line and in the plane with negative number coordinates.

6.NS.C.6a: Recognize opposite signs of numbers as indicating locations on opposite sides of 0 on the number line; recognize that the opposite of the opposite of a number is the number itself, e.g., -(-3) = 3, and that 0 is its own opposite.

6.NS.C.6b: Understand signs of numbers in ordered pairs as indicating locations in quadrants of the coordinate plane; recognize that when two ordered pairs differ only by signs, the locations of the points are related by reflections across one or both axes.

6.NS.C.6c: Find and position integers and other rational numbers on a horizontal or vertical number line diagram; find and position pairs of integers and other rational numbers on a coordinate plane.

6.NS.C.7: Understand ordering and absolute value of rational numbers.

6.NS.C.7a: Interpret statements of inequality as statements about the relative position of two numbers on a number line diagram. For example, interpret -3 > -7 as a statement that -3 is located to the right of -7 on a number line oriented from left to right .

6.NS.C.7b: Write, interpret, and explain statements of order for rational numbers in real-world contexts. For example, write -3° C > -7° C to express the fact that -3° C is warmer than -7° C .

6.NS.C.7c: Understand the absolute value of a rational number as its distance from 0 on the number line; interpret absolute value as magnitude for a positive or negative quantity in a real-world situation. For example, for an account balance of -30 dollars, write |-30| = 30 to describe the size of the debt in dollars .

6.NS.C.7d: Distinguish comparisons of absolute value from statements about order. For example, recognize that an account balance less than -30 dollars represents a debt greater than 30 dollars .

6.NS.C.8: Solve real-world and mathematical problems by graphing points in all four quadrants of the coordinate plane. Include use of coordinates and absolute value to find distances between points with the same first coordinate or the same second coordinate.

Strand

Quantitative Reasoning- The Number System

Standard

QR.EA.6 Know that there are numbers that are not rational, and approximate them by rational numbers.

Early Adolescence

Grades 6-8

Performance Expectations

8.NS.A.1: Know that numbers that are not rational are called irrational. Understand informally that every number has a decimal expansion; for rational numbers show that the decimal expansions terminate in 0s or eventually repeats and convert a decimal expansion into a rational number.

8.NS.A.2: Use rational approximations of irrational numbers to compare the size of irrational numbers, locate them approximately on a number line diagram, and estimate the value of expressions (e.g., π²). For example, by truncating the decimal expansion of √2, show that √2 is between 1 and 2, then between 1.4 and 1.5, and explain how to continue on to get better approximations .

Strand

Quantitative Reasoning - Number and Quantity: The Real Number System

Standard

QR.A.1 Extend the properties of exponents to rational exponents.

Adolescence

Grades 9-Diploma

Performance Expectations

HSN.RN.A.1: Explain how the definition of the meaning of rational exponents follows from extending the properties of integer exponents to those values, allowing for a notation for radicals in terms of rational exponents. For example, we define 5^1/3 to be the cube root of 5 because we want (5^1/3)³ = 5^(1/3)3 to hold, so (5^1/3)³ must equal 5 .

HSN.RN.A.2: Rewrite expressions involving radicals and rational exponents using the properties of exponents.

Strand

Quantitative Reasoning- Number and Quantity: The Real Number System

Standard

QR.A.2 Use properties of rational and irrational numbers.

Adolescence

Grades 9-Diploma

Performance Expectations

HSN.RN.B.3: Explain when and why the sum or product of two rational and/or irrational numbers is rational or irrational.

Strand

Quantitative Reasoning - Number and Quantity: Quantities

Modeling Standards: Modeling is best interpreted not as a collection of isolated topics but rather in relation to other standards. Making mathematical models is a Standard for Mathematical Practice, and specific modeling standards appears throughout the high school standards indicated by a star symbol ( ★ ).

Standard

QR.A.3 Reason quantitatively and use units to solve problems. ★

Adolescence

Grades 9-Diploma

Performance Expectations

HSN.Q.A.1: Use units as a way to understand problems and to guide the solution of multi-step problems; choose and interpret units consistently in formulas; choose and interpret the scale and the origin in graphs and data displays. Example: Marlena made a scale drawing of the sand volleyball court at her summer camp. The drawing of the volleyball court is 6 cm long by 3 cm wide. The actual volleyball court is 18 meters long. What scale did Marlena use for the drawing? ★

HSN.Q.A.2: Define appropriate quantities for the purpose of descriptive modeling. Example: If a town in Aroostook county with a population of 1254 people is projected to double in size every 105 years, what will the population be 315 years from now? ★

HSN.Q.A.3: Choose a level of accuracy appropriate to limitations on measurement when reporting quantities. Example: The label on a ½ - liter bottle of flavored water bottled in Maine indicates that one serving of 8 ounce contains 60 calories. The label also says that the full bottle contains 130 calories. Is this the actual amount or the estimated amount of calories in this bottle? How would you explain any discrepancy? ★

Strand

Quantitative Reasoning - Number and Quantity: Complex Number System

The high school standards also contain some performance expectations which are denoted by a plus (+). These performance expectations are intended to be extensions of learning. All students should be given opportunities to explore this content, but mastery is not expected.

Standard

QR.A.4 (+) Perform arithmetic operations with complex numbers.

Adolescence

Grades 9-Diploma

Performance Expectations

(+) HSN.CN.A.1: Know there is a complex number i (which is a non-real number) such that i² = -1, and every complex number has the form a + bi with a and b real.

(+) HSN.CN.A.2: Use the relation i² = -1 and the commutative, associative, and distributive properties to add, subtract, and multiply complex numbers.

(+) HSN.CN.A.3: Find the conjugate of a complex number; use conjugates to find moduli and quotients of complex numbers.

Strand

Quantitative Reasoning - Number and Quantity: Complex Number System

The high school standards also contain some performance expectations which are denoted by a plus (+). These performance expectations are intended to be extensions of learning. All students should be given opportunities to explore this content, but mastery is not expected.

Standard

QR.A.5 (+) Represent complex numbers and their operations on the complex plane.

Adolescence

Grades 9-Diploma

Performance Expectations

(+) HSN.CN.B.4: Represent complex numbers on the complex plane in rectangular and polar form (including real and imaginary numbers), and explain why the rectangular and polar forms of a given complex number represent the same number.

(+) HSN.CN.B.5: Represent addition, subtraction, multiplication, and conjugation of complex numbers geometrically on the complex plane; use properties of this representation for computation. For example, (-1 + √3 i)³ = 8 because (-1 + √3 i) has modulus 2 and argument 120°.

(+) HSN.CN.B.6: Calculate the distance between numbers in the complex plane as the modulus of the difference, and the midpoint of a segment as the average of the numbers at its endpoints.

Strand

Quantitative Reasoning - Number and Quantity: Complex Number System

The high school standards also contain some performance expectations which are denoted by a plus (+). These performance expectations are intended to be extensions of learning. All students should be given opportunities to explore this content, but mastery is not expected.

Standard

QR.A.6 (+) Use complex numbers in polynomial identities and equations.

Adolescence

Grades 9-Diploma

Performance Expectations

(+) HSN.CN.C.7: Solve quadratic equations with real coefficients that have complex solutions.

(+) HSN.CN.C.8: Extend polynomial identities to the complex numbers. For example, rewrite x² + 4 as (x + 2i)(x - 2i) .

(+) HSN.CN.C.9: Know the Fundamental Theorem of Algebra; show that it is true for quadratic polynomials.

Strand

Quantitative Reasoning - Number and Quantity: Vector and Matrix Quantities

The high school standards also contain some performance expectations which are denoted by a plus (+). These performance expectations are intended to be extensions of learning. All students should be given opportunities to explore this content, but mastery is not expected.

Standard

QR.A.7 (+) Represent and model with vector quantities.

Adolescence

Grades 9-Diploma

Performance Expectations

(+) HSN.VM.A.1: Recognize vector quantities as having both magnitude and direction. Represent vector quantities by directed line segments and use appropriate symbols for vectors and their magnitudes (e.g., v , | v |, || v ||, v ).

(+) HSN.VM.A.2: Find the components of a vector by subtracting the coordinates of an initial point from the coordinates of a terminal point.

(+) HSN.VM.A.3: Solve problems involving velocity and other quantities that can be represented by vectors.

Strand

Quantitative Reasoning - Number and Quantity: Vector and Matrix Quantities

The high school standards also contain some performance expectations which are denoted by a plus (+). These performance expectations are intended to be extensions of learning. All students should be given opportunities to explore this content, but mastery is not expected.

Standard

QR.A.8 (+) Perform operations on vectors.

Adolescence

Grades 9-Diploma

Performance Expectations

(+) HSN.VM.B.4: Add and subtract vectors.

(+) HSN.VM.B4a: Add vectors end-to-end, component-wise, and by the parallelogram rule. Understand that the magnitude of a sum of two vectors is typically not the sum of the magnitudes.

(+) HSN.VM.B4b: Given two vectors in magnitude and direction form, determine the magnitude and direction of their sum.

(+) HSN.VM.B4c: Understand vector subtraction v - w as v + (- w ), where - w is the additive inverse of w , with the same magnitude as w and pointing in the opposite direction. Represent vector subtraction graphically by connecting the tips in the appropriate order, and perform vector subtraction component-wise.

(+) HSN.VM.B.5: Multiply a vector by a scalar.

(+) HSN.VM.B5a: Represent scalar multiplication graphically by scaling vectors and possibly reversing their direction; perform scalar multiplication component-wise, e.g., as c ( v_x , v_y ) = ( cv_x , cv_y ).

(+) HSN.VM.B5b: Compute the magnitude of a scalar multiple c v using || c v || = | c | v. Compute the direction of c v knowing that when | c | v ≠ 0, the direction of c v is either along v (for c > 0) or against v (for c < 0).

Strand

Quantitative Reasoning - Number and Quantity: Vector and Matrix Quantities

The high school standards also contain some performance expectations which are denoted by a plus (+). These performance expectations are intended to be extensions of learning. All students should be given opportunities to explore this content, but mastery is not expected.

Standard

QR.A.9 (+) Perform operations on matrices and use matrices in applications.

Adolescence

Grades 9-Diploma

Performance Expectations

(+) HSN.VM.C.6: Use matrices to represent and manipulate data, e.g., to represent payoffs or incidence relationships in a network.

(+) HSN.VM.C.7: Multiply matrices by scalars to produce new matrices, e.g., as when all of the payoffs in a game are doubled.

(+) HSN.VM.C.8: Add, subtract, and multiply matrices of appropriate dimensions.

(+) HSN.VM.C.9: Understand that, unlike multiplication of numbers, matrix multiplication for square matrices is not a commutative operation, but still satisfies the associative and distributive properties.

(+) HSN.VM.C.10: Understand that the zero and identity matrices play a role in matrix addition and multiplication similar to the role of 0 and 1 in the real numbers. The determinant of a square matrix is nonzero if and only if the matrix has a multiplicative inverse.

(+) HSN.VM.C.11: Multiply a vector (regarded as a matrix with one column) by a matrix of suitable dimensions to produce another vector. Work with matrices as transformations of vectors.

(+) HSN.VM.C12: Work with 2 × 2 matrices as a transformations of the plane, and interpret the absolute value of the determinant in terms of area.

Algebraic Reasoning

Algebraic thinking is about generalizing arithmetic operations and determining unknown quantities by recognizing and analyzing patterns along with developing generalizations about these patterns. In this K-5 strand, students explore, analyze, represent, and generalize mathematical ideas and relationships. Students will develop an understanding of the fundamental properties of number and operations, understand the use of the equal sign to represent equivalence, and use quantitative reasoning to understand mathematical relationships.

Students in grades 6-8 progress in their understanding of variables in mathematical expressions and equations. They understand that expressions in different forms can be equivalent, use the properties of operations to rewrite expressions in equivalent forms, and describe relationships between quantities. Students begin to analyze and solve real-world and mathematical problems using equations and inequalities. They construct and interpret tables and graphs. Understanding builds from writing and solving simple equations to solving proportional situations. These skills lead to exploring slope and y-intercept and relationships between variables, and eventually include multiple equations to solve systems of linear equations. Students grow to understand that the concept of a function is a rule that assigns one output to each input, and they learn to translate among different representations of functions.

In grades 9-12, students will continue to develop their understanding of expressions, equations, functions and function notation. They will interpret the structure of algebraic expressions and be able to write expressions in equivalent forms to reveal information and to solve problems. Students will perform arithmetic operations on polynomials and rewrite rational functions. An understanding of the relationship between zeros and factors of polynomials will transition into using polynomial identities to solve problems. Students will create equations that describe relationships and solve equations as a process of reasoning (with appropriate justification). They will represent and solve equations, inequalities, and systems of equations using a variety of mathematically sound techniques.

Students will interpret functions that arise in applications in terms of context and analyze functions using different representations. They will build functions that model relationships between two quantities, and build new functions from existing functions through transformations, combinations, compositions, and examining the inverse. Students will construct and compare linear, quadratic, and exponential models and use those models to solve problems. They will interpret expressions for functions in terms of the situation they model. Students will be encouraged to extend their understanding of algebra and functions and apply similar processes of reasoning to polynomial, logarithmic and trigonometric functions and their graphs.

Strand

Algebraic Reasoning - Operations and Algebraic Thinking

Standard

AR.C.1 Understand addition as putting together and adding to, and understand subtraction as taking apart and taking from.

Childhood

Kindergarten

(Drawings need not show detail but should show the mathematics in the problem. This applies wherever drawings are mentioned in the Standards.)

Grade 1

Grade 2

Performance Expectations

K.OA.A.1: Represent addition and subtraction with objects, fingers, mental images, drawings sounds (e.g., claps), acting out situations, verbal explanations, expressions, or equations.

K.OA.A.2: Solve addition and subtraction word problems, and add and subtract within 10, (e.g., by using objects or drawings to represent the problem).

K.OA.A.3: Decompose numbers less than or equal to 10 into pairs in more than one way, e.g., by using objects or drawings, and record each decomposition by a drawing or equation (e.g., 5 = 2 + 3 and 5 = 4 + 1).

K.OA.A.4: For any number from 1 to 9, find the number that makes 10 when added to the given number, e.g., by using objects or drawings, and record the answer with a drawing or equation.

K.OA.A.5: Fluently add and subtract within 5 including zero.

1.OA.A.1: Use addition and subtraction within 20 to solve word problems involving situations of adding to, taking from, putting together, taking apart, and comparing, with unknowns in all positions, (e.g., by using objects, drawings, and equations with a symbol for the unknown number to represent the problem.

1.OA.A.2: Solve word problems that call for addition of three whole numbers whose sum is less than or equal to 20, (e.g., by using objects, drawings, and equations with a symbol for the unknown number to represent the problem.)

2.OA.A.1: Use addition and subtraction within 100 to solve one- and two-step word problems involving situations of adding to, taking from, putting together, taking apart, and comparing, with unknowns in all positions, e.g., by using drawings and equations with a symbol for the unknown number to represent the problem.

Strand

Algebraic Reasoning - Operations and Algebraic Thinking

Standard

AR.C.2 Understand and apply properties of operation and the relationship between addition and subtraction within 20.

Childhood

Kindergarten

Grade 1

Students need not use formal terms for these properties.

Grade 2

Performance Expectations

1.OA.B.3: Apply properties of operations as strategies to add. Examples: If 8 + 3 = 11 is known, then 3 + 8 = 11 is also known. (Commutative property of addition.) To add 2 + 6 + 4, the second two numbers can be added to make a ten, so 2 + 6 + 4 = 2 + 10 = 12. (Associative property of addition.) a + 0 = a (Additive identity property of 0)

1.OA.B.4: Understand subtraction as an unknown-addend problem. For example, subtract 10 - 8 by finding the number that makes 10 when added to 8.

1.OA.C.5: Relate counting to addition and subtraction (e.g., by counting on 2 to add 2).

1.OA.C.6: Add and subtract within 20, demonstrating fluency for addition and subtraction within 10. Use strategies such as counting on; making ten (e.g., 8 + 6 = 8 + 2 + 4 = 10 + 4 = 14); decomposing a number leading to a ten (e.g., 13 - 4 = 13 - 3 - 1 = 10 - 1 = 9); using the relationship between addition and subtraction (e.g., knowing that 8 + 4 = 12, one knows 12 - 8 = 4); and creating equivalent but easier or known sums (e.g., adding 6 + 7 by creating the known equivalent 6 + 6 + 1 = 12 + 1 = 13).

1.OA.D.7: Understand the meaning of the equal sign and determine if equations involving addition and subtraction are true or false. For example, which of the following equations are true and which are false? 6 = 6, 7 = 8 - 1, 5 + 2 = 2 + 5, 4 + 1 = 5 + 2.

1.OA.D.8: Determine the unknown whole number in an addition or subtraction equation relating three whole numbers. For example, determine the unknown number that makes the equation true in each of the equations 8 + ? = 11, 5 = _ - 3, 6 + 6 = _ .

2.OA.B.2: Fluently add and subtract within 20 using mental strategies. By end of Grade 2, know from memory all sums of two one-digit numbers.

Strand

Algebraic Reasoning - Operations and Algebraic Thinking

Standard

AR.C.3 Work with equal groups of objects to gain foundations for multiplication.

Childhood

Kindergarten

Grade 1

Grade 2

Performance Expectations

2.OA.C.3: Determine whether a group of objects (up to 20) has an odd or even number of members, e.g., by pairing objects or counting them by 2s; write an equation to express an even number as a sum of two equal addends.

2.OA.C.4: Use addition to find the total number of objects arranged in rectangular arrays with up to 5 rows and up to 5 columns; write an equation to express the total as a sum of equal addends.

Strand

Algebraic Reasoning - Operations and Algebraic Thinking

Standard

AR.C.4 Understand properties of multiplication and the relationship between multiplication and division to represent and solve problems within 100.

Childhood

Grade 3

Students need not use formal terms for these properties.

Grade 4

Grade 5

Performance Expectations

3.OA.A.1: Interpret products of whole numbers, e.g., interpret 5 × 7 as the total number of objects in 5 groups of 7 objects each. For example, describe a context in which a total number of objects can be expressed as 5 ×7 .

3.OA.A.2: Interpret whole-number quotients of whole numbers, e.g., interpret 56 ÷ 8 as the number of objects in each share when 56 objects are partitioned equally into 8 shares, or as a number of shares when 56 objects are partitioned into equal shares of 8 objects each. For example, describe a context in which a number of shares or a number of groups can be expressed as 56 ÷ 8 .

3.OA.A.3: Use multiplication and division within 100 to solve word problems in situations involving equal groups, arrays, and measurement quantities, e.g., by using drawings and equations with a symbol for the unknown number to represent the problem.

3.OA.A.4: Determine the unknown whole number in a multiplication or division equation relating three whole numbers. For example, determine the unknown number that makes the equation true in each of the equations 8 × ? = 48, 5 = _ ÷ 3, 6 × 6 = ?

3.OA.B.5: Apply properties of operations as strategies to multiply. Examples: If 6 × 4 = 24 is known, then 4 × 6 = 24 is also known. (Commutative property of multiplication.) 3 × 5 × 2 can be found by 3 × 5 = 15, then 15 × 2 = 30, or by 5 × 2 = 10, then 3 × 10 = 30. (Associative property of multiplication.) Knowing that 8 × 5 = 40 and 8 × 2 = 16, one can find 8 × 7 as 8 × (5 + 2) = (8 × 5) + (8 × 2) = 40 + 16 = 56. (Distributive property.)

3.OA.B.6: Understand division as an unknown-factor problem. For example, find 32 ÷ 8 by finding the number that makes 32 when multiplied by 8 .

3.OA.C.7: Fluently multiply and divide within 100, using strategies such as the relationship between multiplication and division (e.g., knowing that 8 × 5 = 40, one knows 40 ÷ 5 = 8) or properties of operations. By the end of Grade 3, know from memory all products of two one-digit numbers.

Strand

Algebraic Reasoning - Operations and Algebraic Thinking

Standard

AR.C.5 Solve problems involving the four operations.

Childhood

Grade 3

This standard is limited to problems posed with whole numbers and having whole-number answers; students should know how to perform operations in conventional order when there are no parentheses to specify a particular order (Order of Operations).

Grade 4

Grade 5

Performance Expectations

3.OA.D.8: Solve two-step word problems using the four operations. Represent these problems using equations with a letter standing for the unknown quantity. Assess the reasonableness of answers using mental computation and estimation strategies including rounding.

4.OA.A.1: Interpret a multiplication equation as a comparison, e.g., interpret 35 = 5 × 7 as a statement that 35 is 5 times as many as 7 and 7 times as many as 5. Represent verbal statements of multiplicative comparisons as multiplication equations.

4.OA.A.2: Multiply or divide to solve word problems involving multiplicative comparison, e.g., by using drawings and equations with a symbol for the unknown number to represent the problem, distinguishing multiplicative comparison from additive comparison.

4.OA.A.3: Solve multistep word problems posed with whole numbers and having whole-number answers using the four operations, including problems in which remainders must be interpreted. Represent these problems using equations with a letter standing for the unknown quantity. Assess the reasonableness of answers using mental computation and estimation strategies including rounding.

Strand

Algebraic Reasoning - Operations and Algebraic Thinking

Standard

AR.C.6 Gain familiarity with factors and multiples.

Childhood

Grade 3

Grade 4

Grade 5

Performance Expectations

4.OA.B.4: Find all factor pairs for a whole number in the range 1-100. Recognize that a whole number is a multiple of each of its factors. Determine whether a given whole number in the range 1-100 is a multiple of a given one-digit number. Determine whether a given whole number in the range 1-100 is prime or composite.

Strand

Algebraic Reasoning - Operations and Algebraic Thinking

Standard

AR.C.7 Write and interpret numerical expressions.

Childhood

Grade 3

Grade 4

Grade 5

Performance Expectations

5.OA.A.1: Use parentheses, brackets, or braces in numerical expressions, and evaluate expressions with these symbols.

5.OA.A.2: Write simple expressions that record calculations with numbers and interpret numerical expressions without evaluating them. For example, express the calculation “add 8 and 7, then multiply by 2” as 2 x (8 + 7). Recognize that 3 x (18932 + 921) is three times as large as 18932 + 921, without having to calculate the indicated sum or product.

Strand

Algebraic Reasoning - Operations and Algebraic Thinking

Standard

AR.C.8 Identify, explain, generate and analyze patterns.

Childhood

Grade 3

Grade 4

Grade 5

Performance Expectations

3.OA.D.9: Identify arithmetic patterns (including patterns in the addition table or multiplication table) and explain them using properties of operations. For example, observe that 4 times a number is always even, and explain why 4 times a number can be decomposed into two equal addends .

4.OA.C.5: Generate a number or shape pattern that follows a given rule. Identify apparent features of the pattern that were not explicit in the rule itself. For example, given the rule "Add 3" and the starting number 1, generate terms in the resulting sequence and observe that the terms appear to alternate between odd and even numbers. Explain informally why the numbers will continue to alternate in this way .

5.OA.B.3: Generate two numerical patterns using two given rules. Identify apparent relationships between corresponding terms. Form ordered pairs consisting of corresponding terms from the two patterns and graph the ordered pairs on a coordinate plane. For example, given the rule "Add 3" and the starting number 0, and given the rule "Add 6" and the starting number 0, generate terms in the resulting sequences, and observe that the terms in one sequence are twice the corresponding terms in the other sequence. Explain informally why this is so .

Strand

Algebraic Reasoning - Expressions and Equations

Standard

AR.EA.1 Apply and extend previous understandings of arithmetic to algebraic expressions.

Early Adolescence

Grades 6-8

Performance Expectations

6.EE.A.1: Write and evaluate numerical expressions involving whole-number exponents.

6.EE.A.2: Write, read, and evaluate expressions in which letters represent numbers.

6.EE.A.2a: Write expressions that record operations with numbers and with letters representing numbers. For example, express the calculation "Subtract y from 5" as 5 - y .

6.EE.A.2b: Identify parts of an expression using mathematical terms (including but not limited to: sum, term, product, factor, quotient, coefficient, variable, constant); view one or more parts of an expression as a single entity. For example, describe the expression 2 (x + 7) as a product of two factors; view (x + 7) as both a single entity and a sum of two terms .

6.EE.A.2c: Evaluate expressions at specific values of their variables. Include expressions that arise from formulas used in real-world problems. Perform arithmetic operations, including those involving whole-number exponents, using the order of operations. For example, use the formulas V = s³ and A = 6 s² to find the volume and surface area of a cube with sides of length s = 1/2 .

6.EE.A.3: Apply the properties of operations to generate equivalent expressions. For example, apply the distributive property to the expression 3 (2 + x) to produce the equivalent expression 6 + 3x; apply the distributive property to factor the expression 24x + 18y to produce the equivalent expression 6 (4x + 3y); apply properties of operations to y + y + y to produce the equivalent expression 3y .

6.EE.A.4: Identify when two expressions are equivalent (i.e., when the two expressions name the same number regardless of which value is substituted into them). For example, the expressions y + y + y and 3y are equivalent because they name the same number regardless of which number y stands for.

Strand

Algebraic Reasoning - Expressions and Equations

Standard

AR.EA.2 Reason about and solve one-variable equations and inequalities.

Early Adolescence

Grades 6-8

Performance Expectations

6.EE.B.5: Understand solving an equation or inequality as a process of answering a question: which values from a specified set, if any, make the equation or inequality true? Use substitution to determine whether a given number in a specified set makes an equation or inequality true.

6.EE.B.6: Use variables to represent numbers and write expressions when solving a real-world or mathematical problem; understand that a variable can represent an unknown number, or, depending on the purpose at hand, any number in a specified set.

6.EE.B.7: Solve real-world and mathematical problems by writing and solving equations of the form x + p = q and px = q for cases in which p , q and x are all nonnegative rational numbers. For example, Sal is paid $0.50 per pound of blueberries that she rakes. If she rakes x pounds, and earns $17.25, write and solve an equation that determines how many pounds she raked.

6.EE.B.8: Write an inequality of the form x > c or x < c to represent a constraint or condition in a real-world or mathematical problem. Recognize that inequalities of the form x > c or x < c have infinitely many solutions; represent solutions of such inequalities on number line diagrams.

Strand

Algebraic Reasoning - Expressions and Equations

Standard

AR.EA.3 Represent and analyze quantitative relationships between dependent and independent variables.

Early Adolescence

Grades 6-8

Performance Expectations

6.EE.C.9: Use variables to represent two quantities in a real-world problem that change in relationship to one another; write an equation to express one quantity, thought of as the dependent variable, in terms of the other quantity, thought of as the independent variable. Analyze the relationship between the dependent and independent variables using graphs and tables and relate these to the equation. For example, in a problem involving motion at constant speed, list and graph ordered pairs of distances and times, and write the equation d = 65t to represent the relationship between distance and time.

Strand

Algebraic Reasoning - Expressions and Equations

Standard

AR.EA.4 Use properties of operations to generate equivalent expressions.

Early Adolescence

Grades 6-8

Performance Expectations

7.EE.A.1: Apply properties of operations to add, subtract, factor, and expand linear expressions with rational coefficients. For example, 4x + 2 = 2(2x+1) and -3(x-5/3) = -3x +5

7.EE.A.2: Understand that rewriting an expression in different forms in a problem context can shed light on the problem and how the quantities in it are related. For example, A shirt is on sale for 20% off the regular price, p. The discount can be expressed as 0.2p. The new price for the shirt can be expressed as p – 0.2p or 0.8p.

Strand

Algebraic Reasoning - Expressions and Equations

Standard

AR.EA.5 Solve real-life and mathematical problems using numerical and algebraic expressions and equations.

Early Adolescence

Grades 6-8

Performance Expectations

7.EE.B.3: Solve multi-step real-life and mathematical problems posed with positive and negative rational numbers in any form (whole numbers, fractions, and decimals), using tools strategically. Apply properties of operations to calculate with numbers in any form; convert between forms as appropriate; and assess the reasonableness of answers using mental computation and estimation strategies. For example: If a woman making $25 an hour gets a 10% raise, she will make an additional 1/10 of her salary an hour, or $2.50, for a new salary of $27.50. If you want to place a towel bar 9 3/4 inches long in the center of a door that is 27 1/2 inches wide, you will need to place the bar about 9 inches from each edge; this estimate can be used as a check on the exact computation .

7.EE.B.4: Use variables to represent quantities in a real-world or mathematical problem and construct simple equations and inequalities to solve problems by reasoning about the quantities.

7.EE.B.4a: Solve word problems leading to equations of the form px + q = r and p ( x + q ) = r , where p , q , and r are specific rational numbers. Solve equations of these forms fluently. Compare an algebraic solution to an arithmetic solution, identifying the sequence of the operations used in each approach. For example, the perimeter of a rectangle is 54 cm. Its length is 6 cm. What is its width?

7.EE.B.4b: Solve word problems leading to inequalities of the form px + q > r or px + q < r , where p , q , and r are specific rational numbers. Graph the solution set of the inequality and interpret it in the context of the problem. For example: As a salesperson, you are paid $50 per week plus $3 per sale. This week you want your pay to be at least $100. Write an inequality for the number of sales you need to make and describe the solutions .

Strand

Algebraic Reasoning - Expressions and Equations

Standard

AR.EA.6 Work with radicals and integer exponents.

Early Adolescence

Grades 6-8

Performance Expectations

8.EE.A.1: Know and apply the properties of integer exponents to generate equivalent numerical expressions. For example, 3² × 3^-5 = 3^-3 = (1/3)³ = 1/27.

8.EE.A.2: Use square root and cube root symbols to represent solutions to equations of the form x² = p and x³ = p, where p is a positive rational number. Evaluate square roots of small perfect squares and cube roots of small perfect cubes. Know that √2 is irrational.

8.EE.A.3: Use numbers expressed in the form of a single digit times an integer power of 10 to estimate very large or very small quantities, and to express how many times as much one is than the other. For example, estimate the population of the United States as 3 times 10⁸ and the population of the world as 7 times 10⁹, and determine that the world population is more than 20 times larger .

8.EE.A.4: Perform operations with numbers expressed in scientific notation, including problems where both decimal and scientific notation are used. Use scientific notation and choose units of appropriate size for measurements of very large or very small quantities (e.g., use millimeters per year for seafloor spreading). Interpret scientific notation that has been generated by technology.

Strand

Algebraic Reasoning - Expressions and Equations

Standard

AR.EA.7 Understand the connections between proportional relationships, lines, and linear equations.

Early Adolescence

Grades 6-8

Performance Expectations

8.EE.B.5: Graph proportional relationships, interpreting the unit rate as the slope of the graph. Compare two different proportional relationships represented in different ways. For example, compare a distance-time graph to a distance-time equation to determine which of two moving objects has greater speed.

8.EE.B.6: Use similar triangles to explain why the slope m is the same between any two distinct points on a non-vertical line in the coordinate plane; derive the equation y = mx for a line through the origin and the equation y = mx + b for a line intercepting the vertical axis at b . For example, given the line y = 0.5x + 3 explain why the similar triangles have the same slope.

Strand

Algebraic Reasoning - Expressions and Equations

Standard

AR.EA.8 Analyze and solve linear equations and pairs of simultaneous linear equations.

Early Adolescence

Grades 6-8

Performance Expectations

8.EE.C.7: Solve linear equations in one variable.

8.EE.C.7a: Give examples of linear equations in one variable with one solution, infinitely many solutions, or no solutions. Show which of these possibilities is the case by successively transforming the given equation into simpler forms, until an equivalent equation of the form x = a , a = a , or a = b results (where a and b are different numbers).

8.EE.C.7b: Solve linear equations with rational number coefficients, including equations whose solutions require expanding expressions using the distributive property and collecting like terms.

8.EE.C.8: Analyze and solve pairs of simultaneous linear equations.

8.EE.C.8a: Understand that solutions to a system of two linear equations in two variables correspond to points of intersection of their graphs, because points of intersection satisfy both equations simultaneously.

8.EE.C.8b: Solve systems of two linear equations in two variables algebraically (i.e. by substitution or elimination) and estimate solutions by graphing the equations. Solve simple cases by inspection. For example, 3x + 2y = 5 and 3x + 2y = 6 have no solution because 3x + 2y cannot simultaneously be 5 and 6 .

8.EE.C.8c: Solve real-world and mathematical problems leading to two linear equations in two variables. For example, given coordinates for two pairs of points, determine whether the line through the first pair of points intersects the line through the second pair .

Strand

Algebraic Reasoning - Functions

Standard

AR.EA.9 Define, evaluate, and compare functions in order to model relationships between quantities.

Early Adolescence

Grades 6-8

Function notation is not required for Grade 8.

Performance Expectations

8.F.A.1: Understand that a function is a rule that assigns to each input exactly one output. The graph of a function is the set of ordered pairs consisting of an input and the corresponding output.

8.F.A.2: Compare properties of two functions each represented in a different way (algebraically, graphically, numerically in tables, or by verbal descriptions). For example, given a linear function represented by a table of values and a linear function represented by an algebraic expression, determine which function has the greater rate of change .

8.F.A.3: Interpret the equation y = mx + b as defining a linear function, whose graph is a straight line; give examples of functions that are not linear. For example, the function A = s² giving the area of a square as a function of its side length is not linear because its graph contains the points (1,1), (2,4) and (3,9), which are not on a straight line .

8.F.B.4: Construct a function to model a linear relationship between two quantities. Determine the rate of change and initial value of the function from a description of a relationship or from two ( x, y ) values, including reading these from a table or from a graph. Interpret the rate of change and initial value of a linear function in terms of the situation it models, and in terms of its graph or a table of values.

8.F.B.5: Describe qualitatively the functional relationship between two quantities by analyzing a graph (e.g., where the function is increasing or decreasing, linear or nonlinear). Sketch a graph that exhibits the qualitative features of a function that has been described verbally.

Strand

Algebraic Reasoning - Algebra: Seeing Structure in Expressions

Modeling Standards: Modeling is best interpreted not as a collection of isolated topics but rather in relation to other standards. Making mathematical models is a Standard for Mathematical Practice, and specific modeling standards appears throughout the high school standards indicated by a star symbol ( ★ ).

Standard

AR.A.1 Interpret the structure of expressions.

Adolescence

Grades 9-Diploma

Performance Expectations

HSA.SSE.A.1: Interpret expressions that represent a quantity in terms of its context. ★

SSE.A.1a: Interpret parts of an expression, such as terms, factors, and coefficients. ★

SSE.A.1b: Interpret multi-part expressions by viewing one or more of their parts

as a single entity. For example, view P(1+r)ⁿ as the product of P and a factor not

depending on P and interpret the parts. ★

HSA.SSE.A.2: Use the structure of an expression to identify ways to rewrite it. For example, see x⁴ - y⁴ as (x²)² - (y²)², allowing for it to be recognized as a difference of squares that can be factored as (x² - y²)(x² + y²) .

Strand

Algebraic Reasoning - Algebra: Seeing Structure in Expressions

Modeling Standards: Modeling is best interpreted not as a collection of isolated topics but rather in relation to other standards. Making mathematical models is a Standard for Mathematical Practice, and specific modeling standards appears throughout the high school standards indicated by a star symbol ( ★ ).

Standard

AR.A.2 Write expressions in equivalent forms to reveal information and to solve problems. ★

Adolescence

Grades 9-Diploma

Performance Expectations

HSA.SSE.B.3: Choose and produce an equivalent form of an expression to reveal and explain properties of the quantity represented by the expression. ★

HSA.SSE.B.3a: Rewrite a quadratic expression (such as by factoring) to reveal the zeros of the function it defines. ★

HSA.SSE.B.3b: Rewrite a quadratic expression (such as by completing the square) to reveal the maximum or minimum value of the function it defines. ★

HSA.SSE.B.3c: Use the properties of exponents to transform expressions for exponential functions. For example, the expression 1.15^t can be rewritten as (1.15^1/12)^12t≈ 1.012^12t to reveal the approximate equivalent monthly interest rate if the annual rate is 15% . ★

HSA.SSE.B.4: Derive the formula for the sum of a finite geometric series (when the common ratio is not 1), and use the formula to solve problems. For example, Watermilfoil in one Maine lake triples in the number of plants each week during the summer when boat propellers are not cleared when exiting the lake. If the lake has 20 plants at the beginning of the season, how many plants will exist at the end of the 12-week summer season? What is the general formula for Watermilfoil growth for this lake? ★

Strand

Algebraic Reasoning - Algebra: Arithmetic with Polynomials & Rational Expressions

Standard

AR.A.3 Perform arithmetic operations on polynomials.

Adolescence

Grades 9-Diploma

Performance Expectations

HSA.APR.A.1: Understand that polynomials form a system analogous to the integers, namely, they are closed under certain operations.

HSA.APR.A.1a: Perform operations on polynomial expressions (addition, subtraction, multiplication, and division), and compare the system of polynomials to the system of integers.

HSA.APR.A.1b: Factor and/or expand polynomial expressions, identify and combine like terms, and apply the Distributive Property.

Strand

Algebraic Reasoning - Algebra: Arithmetic with Polynomials & Rational Expressions

The high school standards also contain some performance expectations which are denoted by a plus (+). These performance expectations are intended to be extensions of learning. All students should be given opportunities to explore this content, but mastery is not expected.

Standard

AR.A.4 Understand the relationship between zeros and factors of polynomials.

Adolescence

Grades 9-Diploma

Performance Expectations

HSA.APR.B.2: Know and apply the Remainder Theorem: For a polynomial p ( x ) and a number a , the remainder on division by x - a is p ( a ), so p ( a ) = 0 if and only if ( x - a ) is a factor of p ( x ). For example, consider the polynomial function P(x) = x⁴ – 2x³ + ax² + 8x + 12, where a is an unknown real number. If (x-3) is a factor of this polynomial, what is the value of a ?

(+) HSA.APR.B.3: Identify zeros of polynomials of degree three or higher when suitable factorizations (in factored form or easily factorable) are available, and use the zeros to construct a rough graph of the function defined by the polynomial.

Strand

Algebraic Reasoning - Algebra: Arithmetic with Polynomials & Rational Expressions

The high school standards also contain some performance expectations which are denoted by a plus (+). These performance expectations are intended to be extensions of learning. All students should be given opportunities to explore this content, but mastery is not expected.

Standard

AR.A.5 (+) Use polynomial identities to solve problems.

Adolescence

Grades 9-Diploma

Performance Expectations

(+) HSA.APR.C.4: Prove polynomial identities and use them to describe numerical relationships. For example, the polynomial identity (x² + y²)² = (x² – y²)² + (2xy)² can be used to generate Pythagorean triples.

(+) HSA.APR.C.5: Know and apply the Binomial Theorem for the expansion of ( x + y ) ⁿ in powers of x and y for a positive integer n , where x and y are any numbers, with coefficients determined for example by Pascal's Triangle. The Binomial Theorem can be proved by mathematical induction or by a combinatorial argument.

Strand

Algebraic Reasoning - Algebra: Arithmetic with Polynomials & Rational Expressions

The high school standards also contain some performance expectations which are denoted by a plus (+). These performance expectations are intended to be extensions of learning. All students should be given opportunities to explore this content, but mastery is not expected.

Standard

AR.A.6 Rewrite rational expressions.

Adolescence

Grades 9-Diploma

Performance Expectations

HSA.APR.D.6: Rewrite simple rational expressions in different forms; write a ( x )/ b ( x ) in the form q ( x ) + r ( x )/ b ( x ), where a ( x ), b ( x ), q ( x ), and r ( x ) are polynomials with the degree of r ( x ) less than the degree of b ( x ), using inspection, long division, or, for the more complicated examples, a computer algebra system.

(+) HSA.APR.D.7: Understand that rational expressions form a system analogous to the rational numbers, closed under addition, subtraction, multiplication, and division by a nonzero rational expression; add, subtract, multiply, and divide rational expressions.

Strand

Algebraic Reasoning -Algebra: Creating Equations and/or Inequalities

Modeling Standards: Modeling is best interpreted not as a collection of isolated topics but rather in relation to other standards. Making mathematical models is a Standard for Mathematical Practice, and specific modeling standards appears throughout the high school standards indicated by a star symbol ( ★ ).

Standard

AR.A.7 Create equations and/or inequalities that describe numbers or relationships. ★

Adolescence

Grades 9-Diploma

Performance Expectations

HSA.CED.A.1: Create equations and inequalities in one variable and use them to solve problems. Include equations arising from linear and quadratic functions, and simple rational and exponential functions . ★

HSA.CED.A.2: Create equations in two or more variables to represent relationships between quantities; graph equations on coordinate axes with labels and scales. ★

HSA.CED.A.3: Represent constraints by equations or inequalities, and by systems of equations and/or inequalities, and interpret solutions as viable or nonviable options in a modeling context. For example, represent inequalities describing nutritional and cost constraints on combinations of different foods such as lobsters, blueberries, and potatoes. ★

HSA.CED.A.4: Rearrange formulas to highlight a quantity of interest, using the same reasoning as in solving equations. For example, rearrange Ohm's law V = IR to highlight resistance R . ★

Strand

Algebraic Reasoning - Algebra: Reasoning with Equations & Inequalities

Standard

AR.A.8 Understand solving equations as a process of reasoning and explain the reasoning.

Adolescence

Grades 9-Diploma

Performance Expectations

HSA.REI.A.1: Explain each step in solving a simple equation as following from the equality of numbers asserted at the previous step, starting from the assumption that the original equation has a solution. Construct a viable argument to justify or refute a solution method.

HSA.REI.A.2: Solve simple rational and radical equations in one variable, and give examples showing how extraneous solutions may arise.

Strand

Algebraic Reasoning - Algebra: Reasoning with Equations & Inequalities

The high school standards also contain some performance expectations which are denoted by a plus (+). These performance expectations are intended to be extensions of learning. All students should be given opportunities to explore this content, but mastery is not expected.

Standard

AR.A.9 Solve equations and inequalities in one variable.

Adolescence

Grades 9-Diploma

Performance Expectations

HSA.REI.B.3: Solve linear equations and inequalities in one variable, including equations with coefficients represented by letters.

HSA.REI.B.4: Solve quadratic equations in one variable.

HSA.REI.B.4a: Use the method of completing the square to transform any quadratic equation in x into an equation of the form ( x - p )² = q that has the same solutions. Derive the quadratic formula from this form.

HSA.REI.B.4b: i) Solve quadratic equations by inspection (e.g., for x ² = 49), taking square roots, completing the square, the quadratic formula and factoring, as appropriate to the initial form of the equation.

(+) HSA.REI.B.4b: ii) Recognize when the quadratic formula gives complex solutions and write them as a ± bi for real numbers a and b .

Strand

Algebraic Reasoning - Algebra: Reasoning with Equations & Inequalities

The high school standards also contain some performance expectations which are denoted by a plus (+). These performance expectations are intended to be extensions of learning. All students should be given opportunities to explore this content, but mastery is not expected.

Standard

AR.A.10 Solve systems of equations.

Adolescence

Grades 9-Diploma

Performance Expectations

HSA.REI.C.5: Prove that, given a system of two equations in two variables, replacing one equation by the sum of that equation and a multiple of the other produces a system with the same solutions.

HSA.REI.C.6: Solve systems of linear equations exactly and approximately (e.g., with graphs), focusing on pairs of linear equations in two variables.

HSA.REI.C.7: Solve a simple system consisting of a linear equation and a quadratic equation in two variables algebraically and graphically. For example, find the point(s) of intersection between the line y = -3x and the circle x² + y² = 3.

(+) HSA.REI.C.8: Represent a system of linear equations as a single matrix equation in a vector variable.

(+) HSA.REI.C.9: Find the inverse of a matrix if it exists and use it to solve systems of linear equations (using technology for matrices of dimension 3 × 3 or greater).

Strand

Algebraic Reasoning - Algebra: Reasoning with Equations & Inequalities

Modeling Standards: Modeling is best interpreted not as a collection of isolated topics but rather in relation to other standards. Making mathematical models is a Standard for Mathematical Practice, and specific modeling standards appears throughout the high school standards indicated by a star symbol ( ★ ).

Standard

AR.A.11 Represent and solve equations and inequalities graphically.

Adolescence

Grades 9-Diploma

Performance Expectations

HSA.REI.D.10: Understand that the graph of an equation in two variables is the set of all its solutions plotted in the coordinate plane, often forming a curve (which could be a line). Show that any point on the graph of an equation in two variables is a solution to the equation.

HSA.REI.D.11: Explain why the x -coordinates of the points where the graphs of the equations y = f ( x ) and y = g ( x ) intersect are the solutions of the equation f ( x ) = g ( x ); find the solutions approximately, e.g., using technology to graph the functions, make tables of values, or find successive approximations. Include cases where f ( x ) and/or g ( x ) are linear, polynomial, rational, absolute value, exponential, and logarithmic functions. ★

HSA.REI.D.12: Graph the solutions of a linear inequality in two variables as a half-plane (excluding the boundary in the case of a strict inequality), and graph the solution set of a system of linear inequalities in two variables as the intersection of the corresponding half-planes.

Strand

Algebraic Reasoning - Functions: Interpreting Functions

Standard

AR.A.12 Understand the concept of a function and use function notation.

Adolescence

Grades 9-Diploma

Performance Expectations

HSF.IF.A.1: Understand that a function from one set (called the domain) to another set (called the range) assigns to each element of the domain exactly one element of the range. If f is a function and x is an element of its domain, then f ( x ) denotes the output of f corresponding to the input x . The graph of f is the graph of the equation y = f ( x ).

HSF.IF.A.2: Use function notation, evaluate functions for inputs in their domains, and interpret statements that use function notation in terms of a context.

HSF.IF.A.3: Recognize that sequences are functions, sometimes defined recursively, whose domain is a subset of the integers. For example, the Fibonacci sequence is defined recursively by f(0) = f(1) = 1, f(n+1) = f(n) + f(n-1) for n ≥ 1 .

Strand

Algebraic Reasoning - Functions: Interpreting Functions

Modeling Standards: Modeling is best interpreted not as a collection of isolated topics but rather in relation to other standards. Making mathematical models is a Standard for Mathematical Practice, and specific modeling standards appears throughout the high school standards indicated by a star symbol ( ★ ).

Standard

AR.A.13 Interpret functions that arise in applications in terms of the context. ★

Adolescence

Grades 9-Diploma

Performance Expectations

HSF.IF.B.4: For a function that models a relationship between two quantities, interpret key features of graphs and tables in terms of the quantities, and sketch graphs showing key features given a verbal description of the relationship. Key features may include: intercepts; intervals where the function is increasing, decreasing, positive, or negative; relative and absolute maximums and minimums; symmetries; end behavior; and periodicity . ★

HSF.IF.B.5: Relate the domain of a function to its graph and, where applicable, to the quantitative relationship it describes. For example, if the function h(n) gives the number of person-hours it takes to assemble n engines in a factory, then the positive integers would be an appropriate domain for the function. ★

HSF.IF.B.6: Calculate and interpret the average rate of change of a function (presented symbolically or as a table) over a specified interval. Estimate the rate of change from a graph. ★

Strand

Algebraic Reasoning - Functions: Interpreting Functions

Modeling Standards: Modeling is best interpreted not as a collection of isolated topics but rather in relation to other standards. Making mathematical models is a Standard for Mathematical Practice, and specific modeling standards appears throughout the high school standards indicated by a star symbol ( ★ ).

The high school standards also contain some performance expectations which are denoted by a plus (+). These performance expectations are intended to be extensions of learning. All students should be given opportunities to explore this content, but mastery is not expected.

Standard

AR.A.14 Analyze functions using different representations.

Adolescence

Grades 9-Diploma

Performance Expectations

HSF.IF.C.7: Graph functions expressed symbolically and as well as show and describe key features of the graph, by hand in simple cases and using technology for more complicated cases. ★

HSF.IF.C.7a: Graph linear and quadratic functions and show intercepts, maxima, and minima.

HSF.IF.C.7b: i) Graph square root and piecewise-defined functions, (including step functions and absolute value functions), as well as show and describe key features of the graph.

(+) HSF.IF.C.7b: ii) Graph cube root functions, as well as show and describe key features of the graph.

(+) HSF.IF.C.7c: Graph polynomial functions of degree three or higher, identifying zeros when suitable factorizations (in factored form or easily factorable) are available, and showing end behavior.

(+) HSF.IF.C.7d: Graph rational functions, identifying zeros and asymptotes when suitable factorizations are available, and showing end behavior.

HSF.IF.C.7e: i) Graph exponential functions, showing intercepts and end behavior, and

(+) HSF.IF.C.7e: ii) Graph logarithmic functions, showing intercepts and end behavior and trigonometric functions, showing period, midline, and amplitude.

HSF.IF.C.8: Write a function defined by an expression in different but equivalent forms to reveal and explain different properties of the function.

HSF.IF.C.8a: Use the process of factoring and completing the square in a quadratic function to show zeros, maximum and minimum values, and symmetry of the graph, and interpret these in terms of a context.

HSF.IF.C.8b: Use the properties of exponents to interpret expressions for exponential functions. For example, apply the properties to financial situations such as identifying appreciation and depreciation rate for the value of a house or car sometime after its initial purchase: V_n = P(1 + r)ⁿ.

HSF.IF.C.9: Compare properties of two functions each represented in a different way (algebraically, graphically, numerically in tables, or by verbal descriptions). For example, given a graph of one quadratic function and an algebraic expression for another, say which has the larger maximum .

Strand

Algebraic Reasoning - Functions: Building Functions

Modeling Standards: Modeling is best interpreted not as a collection of isolated topics but rather in relation to other standards. Making mathematical models is a Standard for Mathematical Practice, and specific modeling standards appears throughout the high school standards indicated by a star symbol ( ★ ).

The high school standards also contain some performance expectations which are denoted by a plus (+). These performance expectations are intended to be extensions of learning. All students should be given opportunities to explore this content, but mastery is not expected.

Standard

AR.A.15 Build a function that models a relationship between two quantities. ★

Adolescence

Grades 9-Diploma

Performance Expectations

HSF.BF.A.1: Write a function that describes a relationship between two quantities. ★

HSF.BF.A.1a: Determine an explicit expression, a recursive process, or steps for calculation from a context.

HSF.BF.A.1b: Combine standard function types using arithmetic operations. For example, build a function that models the temperature of a cooling body by adding a constant function to a decaying exponential, and relate these functions to the model .

(+) HSF.BF.A.1c: Compose functions. For example, if T(y) is the temperature in the atmosphere as a function of height, and h(t) is the height of a weather balloon as a function of time, then T(h(t)) is the temperature at the location of the weather balloon as a function of time .

HSF.BF.A.2: Write arithmetic and geometric sequences both recursively and with an explicit formula, use them to model situations, and translate between the two forms. ★

Strand

Algebraic Reasoning - Functions: Building Functions

The high school standards also contain some performance expectations which are denoted by a plus (+). These performance expectations are intended to be extensions of learning. All students should be given opportunities to explore this content, but mastery is not expected.

Standard

AR.A.16 Build new functions from existing functions.

Adolescence

Grades 9-Diploma

Performance Expectations

HSF.BF.B.3: Identify the effect on the graph of replacing f ( x ) by f ( x ) + k , k f ( x ), f ( kx ), and f ( x + k ) for specific values of k (both positive and negative); find the value of k given the graphs. Experiment with cases and illustrate an explanation of the effects on the graph using technology. Include recognizing even and odd functions from their graphs and algebraic expressions for them. Okay as written.

HSF.BF.B.4: Find inverse functions.

HSF.BF.B.4a: Solve an equation of the form f(x) = c (where c represents the output value of the function) for a simple function f that has an inverse and write an expression for the inverse. For example, if f(x) =2 x³, then solving f(x) = c leads to x = (c/2)^1/3, which is the general formula for finding an input from a specific output, c, for this function.

(+) HSF.BF.B.4b: Verify by composition that one function is the inverse of another.

(+) HSF.BF.B.4c: Read values of an inverse function from a graph or a table, given that the function has an inverse.

(+) HSF.BF.B.4d: Produce an invertible function from a non-invertible function by restricting the domain.

(+) HSF.BF.B.5: Understand the inverse relationship between exponents and logarithms and use this relationship to solve problems involving logarithms and exponents.

Strand

Algebraic Reasoning - Functions: Linear, Quadratic, & Exponential Models

Modeling Standards: Modeling is best interpreted not as a collection of isolated topics but rather in relation to other standards. Making mathematical models is a Standard for Mathematical Practice, and specific modeling standards appears throughout the high school standards indicated by a star symbol ( ★ ).

The high school standards also contain some performance expectations which are denoted by a plus (+). These performance expectations are intended to be extensions of learning. All students should be given opportunities to explore this content, but mastery is not expected.

Standard

AR.A.17 Construct and compare linear, quadratic, and exponential models and solve problems. ★

Adolescence

Grades 9-Diploma

Performance Expectations

HSF.LE.A.1: Distinguish between situations that can be modeled with linear functions and with exponential functions. ★

HSF.LE.A.1a: Prove that linear functions grow by equal differences over equal intervals, and that exponential functions grow by equal factors over equal intervals.

HSF.LE.A.1b: Recognize situations in which one quantity changes at a constant rate per unit interval relative to another.

HSF.LE.A.1c: Recognize situations in which a quantity grows or decays by a constant percent rate per unit interval relative to another.

HSF.LE.A.2: Construct linear and exponential functions, including arithmetic and geometric sequences, given a graph, a description of a relationship, or two input-output pairs (include reading these from a table). ★

HSF.LE.A.3: Observe using graphs and tables that a quantity increasing exponentially eventually exceeds a quantity increasing linearly, quadratically, or (more generally) as a polynomial function. ★

(+) HSF.LE.A.4: For exponential models, express as a logarithm the solution to ab^ct = d where a , c , and d are numbers and the base b is 2, 10, or e ; evaluate the logarithm using technology. ★

Strand

Algebraic Reasoning - Functions: Linear, Quadratic, & Exponential Models

Modeling Standards: Modeling is best interpreted not as a collection of isolated topics but rather in relation to other standards. Making mathematical models is a Standard for Mathematical Practice, and specific modeling standards appears throughout the high school standards indicated by a star symbol ( ★ ).

Standard

AR.A.18 Interpret expressions for function in terms of the situation they model. ★

Adolescence

Grades 9-Diploma

Performance Expectations

HSF.LE.B.5: Interpret the parameters in a linear or exponential function in terms of a context. ★

Strand

Algebraic Reasoning - Functions: Trigonometric Functions

The high school standards also contain some performance expectations which are denoted by a plus (+). These performance expectations are intended to be extensions of learning. All students should be given opportunities to explore this content, but mastery is not expected.

Standard

AR.A.19 Extend the domain of trigonometric functions using the unit circle.

Adolescence

Grades 9-Diploma

Performance Expectations

HSF.TF.A.1: Understand radian measure of an angle as the length of the arc on the unit circle subtended by the angle.

HSF.TF.A.2: Explain how the unit circle in the coordinate plane enables the extension of trigonometric functions to all real numbers, interpreted as radian measures of angles traversed counterclockwise around the unit circle.

(+) HSF.TF.A.3: Use special triangles to determine geometrically the values of sine, cosine, tangent for π/3, π/4 and π/6, and use the unit circle to express the values of sine, cosine, and tangent for x , π + x , and 2π - x in terms of their values for x , where x is any real number.

(+) HSF.TF.A.4: Use the unit circle to explain symmetry (odd and even) and periodicity of trigonometric functions.

Strand

Algebraic Reasoning - Functions: Trigonometric Functions

Modeling Standards: Modeling is best interpreted not as a collection of isolated topics but rather in relation to other standards. Making mathematical models is a Standard for Mathematical Practice, and specific modeling standards appears throughout the high school standards indicated by a star symbol ( ★ ).

The high school standards also contain some performance expectations which are denoted by a plus (+). These performance expectations are intended to be extensions of learning. All students should be given opportunities to explore this content, but mastery is not expected.

Standard

AR.A.20 (+) Model periodic phenomena with trigonometric functions.

Adolescence

Grades 9-Diploma

Performance Expectations

(+) HSF.TF.B.5: Choose trigonometric functions to model periodic phenomena with specified amplitude, frequency, and midline. ★

(+) HSF.TF.B.6: Understand that restricting a trigonometric function to a domain on which it is always increasing or always decreasing allows its inverse to be constructed.

(+) HSF.TF.B.7: Use inverse functions to solve trigonometric equations that arise in modeling contexts; evaluate the solutions using technology, and interpret them in terms of the context. ★

Strand

Algebraic Reasoning - Functions: Trigonometric Functions

The high school standards also contain some performance expectations which are denoted by a plus (+). These performance expectations are intended to be extensions of learning. All students should be given opportunities to explore this content, but mastery is not expected.

Standard

AR.A.21 (+) Prove and apply trigonometric identities.

Adolescence

Grades 9-Diploma

Performance Expectations

(+) HSF.TF.C.8: Prove the Pythagorean identity sin²(θ) + cos²(θ) = 1 and use it to find sin(θ), cos(θ), or tan(θ) given sin(θ), cos(θ), or tan(θ) and the quadrant of the angle.

(+) HSF.TF.C.9: Prove the addition and subtraction formulas for sine, cosine, and tangent and use them to solve problems.

Geometric Reasoning

Geometric reasoning is the use of critical thinking, logical argument and spatial reasoning to solve problems and find new relationships. Students must first have a critical understanding of any underlying assumptions and relationships. This allows them to develop coherent knowledge and apply their reasoning skills. In this K-5 strand, students will develop an understanding of the attributes of two- and three-dimensional shapes and apply this knowledge to real-world problems. Students will also be introduced to the coordinate system.

Students in grades 6-8 work with two- and three-dimensional objects to reason about relationships among shapes. They learn to calculate area, surface area, volume, and circumference using multiple methods including decomposing shapes so that they can develop, justify, and use formulas including the Pythagorean Theorem and its converse. They use scale drawings and informal constructions to gain familiarity with the relationships between angles formed by intersecting lines and transformations.

During high school, students begin to formalize their geometry experiences from elementary and middle school, using more complex definitions and reasoning of proofs. Students make geometric constructions using a variety of technological tools and connect these explorations to reasoning and proofs. Attributes of parallel lines intersected by a transversal are further developed and extended into properties of triangles, quadrilaterals, and regular polygons as well as circles using informal and formal reasoning. Fundamental to the concepts of congruence, similarity, and symmetry are transformations which can preserve distance and angles.

The definitions of sine, cosine, and tangent for acute angles are founded on right triangles and similarity. The Pythagorean Theorem along with these ratios are fundamental in many real-world and theoretical situations. Correspondence between numerical coordinates and geometric points allows methods from algebra to be applied to geometry and vice versa. Concepts of two- and three-dimensional shapes are explored using algebraic formulas and modeling. Students are encouraged to extend their geometric reasoning through the exploration of trigonometric identities and properties of conic sections.

Strand

Geometric Reasoning - Geometry

Standard

GR.C.1 Identify, describe, analyze, compare, create, and compose shapes based on their attributes.

Childhood

Kindergarten

Grade 1

Students should apply the principle of transitivity of measurement to make indirect comparisons, but they need not use this technical term.

Grade 2

Sizes are compared directly or visually, not compared by measuring.

Performance Expectations

K.G.A.1: Describe objects in the environment using names of shapes and describe the relative positions of these objects using terms such as above , below , beside, in front of , behind , and next to .

K.G.A.2: Correctly name shapes regardless of their orientations or overall size.

K.G.A.3: Identify shapes as two-dimensional (lying in a plane, "flat") or three-dimensional ("solid").

K.G.B.4: Analyze and compare two- and three-dimensional shapes, in different sizes and orientations, using informal language to describe their similarities, differences, parts (e.g., number of sides and vertices/"corners") and other attributes (e.g., having sides of equal length).

K.G.B.5: Model shapes in the world by building shapes from components (e.g., sticks and clay balls) and drawing shapes.

K.G.B.6: Compose simple shapes to form larger shapes. For example, "Can you join these two triangles with full sides touching to make a rectangle ?"

1.G.A.1: Distinguish between defining attributes (e.g., triangles are closed and three-sided) versus non-defining attributes (e.g., color, orientation, overall size); build and draw shapes to possess defining attributes.

1.G.A.2: Compose two-dimensional shapes (rectangles, squares, trapezoids, triangles, half-circles, and quarter-circles) or three-dimensional shapes (cubes, right rectangular prisms, right circular cones, and right circular cylinders) to create a composite shape, and compose new shapes from the composite shape.

1.G.A.3: Partition circles and rectangles into two and four equal shares, describe the shares using the words halves , fourths , and quarters , and use the phrases half of , fourth of , and quarter of . Describe the whole as two of, or four of the shares. Understand for these examples that decomposing into more equal shares creates smaller shares.

2.G.A.1: Recognize and draw shapes having specified attributes, such as a given number of angles or a given number of equal faces. Identify triangles, quadrilaterals (including squares, rectangles, rhombuses, and trapezoids) pentagons, hexagons, and cubes. Sizes are compared directly or visually, not compared by measuring.

2.G.A.2: Partition a rectangle into rows and columns of same-size squares and count to find the total number of them.

2.G.A.3: Partition circles and rectangles into two, three, or four equal shares, describe the shares using the words halves, thirds, half of, a third of, etc., and describe the whole as two halves, three thirds, four fourths. Recognize that equal shares of identical wholes need not have the same shape.

Strand

Geometric Reasoning - Geometry

Standard

GR.C.2 Analyze, compare, create, and compose shapes based on their attributes.

Childhood

Grade 3

Grade 4

Grade 5

Performance Expectations

3.G.A.1: Understand that shapes in different categories (e.g., rhombuses, rectangles, and others) may share attributes (e.g., having four sides), and that the shared attributes can define a larger category (e.g., quadrilaterals). Recognize rhombuses, rectangles, and squares as examples of quadrilaterals, and draw examples of quadrilaterals that do not belong to any of these subcategories.

3.G.A.2: Partition shapes into parts with equal areas. Express the area of each part as a unit fraction of the whole. For example, partition a shape into 4 parts with equal area, and describe the area of each part as 1/4 of the area of the shape .

5.G.B.3: Understand that attributes belonging to a category of two-dimensional figures also belong to all subcategories of that category. For example, all rectangles have four right angles and squares are rectangles, so all squares have four right angles.

5.G.B.4: Classify two-dimensional figures in a hierarchy based on properties. (e.g., all rectangles are parallelograms, because they are all quadrilaterals with two pairs of opposite sides parallel.)

Strand

Geometric Reasoning - Geometry

Standard

GR.C.3 Draw and identify lines and angles and classify shapes by properties of their lines and angles.

Childhood

Grade 3

Grade 4

Grade 5

Performance Expectations

4.G.A.1: Draw points, lines, line segments, rays, angles (right, acute, obtuse), and perpendicular and parallel lines. Identify these in two-dimensional figures.

4.G.A.2: Classify two-dimensional figures based on the presence or absence of parallel or perpendicular lines, or the presence or absence of angles of a specified size. Recognize right triangles as a category and identify right triangles.

4.G.A.3: Recognize a line of symmetry for a two-dimensional figure as a line across the figure such that the figure can be folded along the line into matching parts. Identify line-symmetric figures and draw lines of symmetry.

Strand

Geometric Reasoning - Geometry

Standard

GR.C.4 Graph points on the coordinate plane to solve real-world and mathematical problems.

Childhood

Grade 3

Grade 4

Grade 5

Performance Expectations

5.G.A.1: Use a pair of perpendicular number lines, called axes, to define a coordinate system, with the intersection of the lines (the origin) arranged to coincide with the 0 on each line and a given point in the plane located by using an ordered pair of numbers, called its coordinates. Understand that the first number indicates how far to travel from the origin in the direction of one axis, and the second number indicates how far to travel in the direction of the second axis, with the convention that the names of the two axes and the coordinates correspond (e.g., x -axis and x -coordinate, y -axis and y -coordinate).

5.G.A.2: Represent real world and mathematical problems by graphing points in the first quadrant of the coordinate plane and interpret coordinate values of points in the context of the situation.

Strand

Geometric Reasoning - Geometry

Standard

GR.EA.1 Solve real-world and mathematical problems involving angle measure, area, surface area, and volume.

Early Adolescence

Grades 6-8

Performance Expectations

6.G.A.1: Find the area of right triangles, other triangles, special quadrilaterals, and polygons by composing into rectangles or decomposing into triangles and other shapes; apply these techniques in the context of solving real-world and mathematical problems.

6.G.A.2: Find the volume of a right rectangular prism with fractional edge lengths by packing it with unit cubes of the appropriate unit fraction edge lengths and show that the volume is the same as would be found by multiplying the edge lengths of the prism. Apply the formulas V = l w h and V = B h (where B stands for the area of the base) to find volumes of right rectangular prisms with fractional edge lengths in the context of solving real-world and mathematical problems.

6.G.A.3: Draw polygons in the coordinate plane given coordinates for the vertices; use coordinates to find the length of a side joining points with the same first coordinate or the same second coordinate. Apply these techniques in the context of solving real-world and mathematical problems.

6.G.A.4: Represent three-dimensional figures using nets made up of rectangles and triangles and use the nets to find the surface area of these figures. Apply these techniques in the context of solving real-world and mathematical problems.

7.G.B.4: Know that a circle is a two-dimensional shape created by connecting all the points equidistant from a fixed point called the center of the circle. Understand and describe the relationships among the radius, diameter, circumference and area of a circle. Know the formulas for the area and circumference of a circle and use them to solve problems; give an informal derivation of the relationship between the circumference and area of a circle.

7.G.B.5: Use facts about supplementary, complementary, vertical, and adjacent angles in a multi-step problem to write and solve simple equations for an unknown angle in a figure.

7.G.B.6: Solve real-world and mathematical problems involving area, volume and surface area of two- and/or three-dimensional objects composed of triangles, quadrilaterals, polygons, cubes, and right prisms.

8.G.C.9: Know the formulas for the volumes of cones, cylinders, and spheres and use them to solve real-world and mathematical problems.

Strand

Geometric Reasoning - Geometry

Standard

GR.EA.2 Draw, construct, and describe geometrical figures and describe the relationships between them.

Early Adolescence

Grades 6-8

Performance Expectations

7.G.A.1: Solve problems involving scale drawings of geometric figures, including computing actual lengths and areas from a scale drawing and reproducing a scale drawing at a different scale.

7.G.A.2: Draw (freehand, with ruler and protractor, and with technology) two-dimensional geometric shapes with given conditions. Focus on constructing triangles from three measures of angles or sides, noticing when the conditions determine a unique triangle, more than one triangle, or no triangle.

7.G.A.3: Describe the shape of the cross-section two-dimensional face of the figures that results from slicing three-dimensional figures, as in plane sections of right rectangular prisms and right rectangular pyramids.

Strand

Geometric Reasoning - Geometry

Standard

GR.EA.3 Understand congruence and similarity using physical models, transparencies, or geometry software,

Early Adolescence

Grades 6-8

Performance Expectations

8.G.A.1: Verify experimentally the properties of rotations, reflections, and translations:

8.G.A.1a: Lines are taken to lines, and line segments to line segments of the same length.

8.G.A.1b: Angles are taken to angles of the same measure.

8.G.A.1c: Parallel lines are taken to parallel lines.

8.G.A.2: Understand that a two-dimensional figure is congruent to another if the second can be obtained from the first by a sequence of rotations, reflections, and translations; given two congruent figures, describe a sequence that exhibits the congruence between them.

8.G.A.3: Describe the effect of dilations, translations, rotations, and reflections on two-dimensional figures using coordinates.

8.G.A.4: Understand that a two-dimensional figure is similar to another if the second can be obtained from the first by a sequence of rotations, reflections, translations, and dilations; given two similar two-dimensional figures, describe a sequence that exhibits the similarity between them.

8.G.A.5: Use informal arguments to establish facts about the angle sum and exterior angle of triangles, about the angles created when parallel lines are cut by a transversal, and the angle-angle criterion for similarity of triangles. For example, arrange three copies of the same triangle so that the sum of the three angles appears to form a line, and give an argument in terms of transversals why this is so .

Strand

Geometric Reasoning - Geometry

Standard

GR.EA.4 Understand and apply the Pythagorean Theorem.

Early Adolescence

Grades 6-8

Performance Expectations

8.G.B.6: Explain a proof of the Pythagorean Theorem and its converse using pictures, diagrams, narratives or models.

8.G.B.7: Apply the Pythagorean Theorem to determine unknown side lengths in right triangles in real-world and mathematical problems in two and three dimensions.

8.G.B.8: Apply the Pythagorean Theorem to find the distance between two points in a coordinate system.

Strand

Geometric Reasoning - Geometry: Congruence

Standard

GR.A.1 Experiment with transformations in the plane.

Adolescence

Grades 9-Diploma

Performance Expectations

HSG.CO.A.1: Know precise definitions of angle, circle, perpendicular line, parallel line, and line segment, based on the undefined notions of point, line, distance along a line, and distance around a circular arc.

HSG.CO.A.2: Represent transformations in the plane using, e.g., transparencies and/or geometry software; describe transformations as functions that take points in the plane as inputs and give other points as outputs. Compare transformations that preserve distance and angle to those that do not (e.g., translation versus horizontal stretch).

HSG.CO.A.3: Given a rectangle, parallelogram, trapezoid, or regular polygon, describe the rotations and reflections that carry it onto itself.

HSG.CO.A.4: Develop definitions of rotations, reflections, and translations in terms of angles, circles, perpendicular lines, parallel lines, and line segments.

HSG.CO.A.5: Given a geometric figure and a rotation, reflection, or translation, draw the transformed figure using, e.g., graph paper, tracing paper, or geometry software. Specify a sequence of transformations that will carry a given figure onto another.

Strand

Geometric Reasoning - Geometry: Congruence

Standard

GR.A.2 Understand congruence in terms of rigid motions.

Adolescence

Grades 9-Diploma

Performance Expectations

HSG.CO.B.6: Use geometric descriptions of rigid motions to transform figures and to predict the effect of a given rigid motion on a given figure; given two figures, use the definition of congruence in terms of rigid motions to decide if they are congruent.

HSG.CO.B.7: Use the definition of congruence in terms of rigid motions to show that two triangles are congruent if and only if corresponding pairs of sides and corresponding pairs of angles are congruent.

HSG.CO.B.8: Explain how the criteria for triangle congruence (ASA, SAS, and SSS) follow from the definition of congruence in terms of rigid motions.

Strand

Geometric Reasoning - Geometry: Congruence

Standard

GR.A.3 Prove geometric theorems and when appropriate, the converse of theorems.

Adolescence

Grades 9-Diploma

Performance Expectations

HSG.CO.C.9: Prove theorems about lines and angles. Theorems include: vertical angles are congruent; when a transversal crosses parallel lines, alternate interior angles are congruent and corresponding angles are congruent, and conversely prove lines are parallel; points on a perpendicular bisector of a line segment are exactly those equidistant from the segment's endpoints .

HSG.CO.C.10: Prove theorems about triangles. Theorems include: measures of interior angles of a triangle sum to 180°; base angles of isosceles triangles are congruent, and conversely prove a triangle is isosceles; the segment joining midpoints of two sides of a triangle is parallel to the third side and half the length; the medians of a triangle meet at a point .

HSG.CO.C.11: Prove theorems about parallelograms. Theorems include: opposite sides are congruent, opposite angles are congruent, the diagonals of a parallelogram bisect each other, and conversely, rectangles are parallelograms with congruent diagonals .

Strand

Geometric Reasoning - Geometry: Congruence

Standard

GR.A.4 Make geometric constructions.

Adolescence

Grades 9-Diploma

Performance Expectations

HSG.CO.D.12: Make formal geometric constructions with a variety of tools and methods (compass and straightedge, string, reflective devices, paper folding, dynamic geometric software, etc.). Copying a segment; copying an angle; bisecting a segment; bisecting an angle; constructing perpendicular lines, including the perpendicular bisector of a line segment; and constructing a line parallel to a given line through a point not on the line .

HSG.CO.D.13: Construct an equilateral triangle, a square, and a regular hexagon inscribed in a circle.

Strand

Geometric Reasoning - Geometry: Similarity, Right Triangles, & Trigonometry

Standard

GR.A.5 Understand similarity in terms of similarity transformations.

Adolescence

Grades 9-Diploma

Performance Expectations

HSG.SRT.A.1: Verify experimentally the properties of dilations given by a center and a scale factor:

HSG.SRT.A.1a: A dilation takes a line not passing through the center of the dilation to a parallel line, and leaves a line passing through the center unchanged.

HSG.SRT.A.1b: The dilation of a line segment is longer or shorter in the ratio given by the scale factor.

HSG.SRT.A.2: Given two figures, use the definition of similarity in terms of similarity transformations to decide if they are similar; explain using similarity transformations the meaning of similarity for triangles as the equality of all corresponding pairs of angles and the proportionality of all corresponding pairs of sides.

HSG.SRT.A.3: Use the properties of similarity transformations to establish the AA criterion for two triangles to be similar.

Strand

Geometric Reasoning - Geometry: Similarity, Right Triangles, & Trigonometry

Standard

GR.A.6 Prove theorems involving similarity using a variety of ways of writing proofs, showing validity of underlying reasoning.

Adolescence

Grades 9-Diploma

Performance Expectations

HSG.SRT.B.4: Prove theorems about triangles. Theorems include: a line parallel to one side of a triangle divides the other two proportionally, and conversely; the Pythagorean Theorem proved using triangle similarity.

HSG.SRT.B.5: Use congruence and similarity criteria for triangles to solve problems and to prove relationships in geometric figures.

Strand

Geometric Reasoning - Geometry: Similarity, Right Triangles, & Trigonometry

Modeling Standards: Modeling is best interpreted not as a collection of isolated topics but rather in relation to other standards. Making mathematical models is a Standard for Mathematical Practice, and specific modeling standards appears throughout the high school standards indicated by a star symbol ( ★ ).

Standard

GR.A.7 Define trigonometric ratios and solve problems involving right triangles.

Adolescence

Grades 9-Diploma

Performance Expectations

HSG.SRT.C.6: Understand that by similarity, side ratios in right triangles are properties of the angles in the triangle, leading to definitions of trigonometric ratios for acute angles.

HSG.SRT.C.7: Explain and use the relationship between the sine and cosine of complementary angles.

HSG.SRT.C.8: Use trigonometric ratios and the Pythagorean Theorem to solve right triangles in applied problems. For example, find the current height of the tallest pine tree in Maine using the angle of elevation and the distance from the tree. ★

Strand

Geometric Reasoning - Geometry: Similarity, Right Triangles, & Trigonometry

The high school standards also contain some performance expectations which are denoted by a plus (+). These performance expectations are intended to be extensions of learning. All students should be given opportunities to explore this content, but mastery is not expected.

Standard

GR.A.8 (+) Apply trigonometry to general triangles.

Adolescence

Grades 9-Diploma

Performance Expectations

(+) HSG.SRT.D.9: Derive the formula A = 1/2 ab sin(C) for the area of a triangle by drawing an auxiliary line from a vertex perpendicular to the opposite side.

(+) HSG.SRT.D.10: Prove the Laws of Sines and Cosines and use them to solve problems.

(+) HSG.SRT.D.11: Understand and apply the Law of Sines and the Law of Cosines to find unknown measurements in right and non-right triangles (e.g., surveying problems, resultant forces).

Strand

Geometric Reasoning - Geometry: Circle

The high school standards also contain some performance expectations which are denoted by a plus (+). These performance expectations are intended to be extensions of learning. All students should be given opportunities to explore this content, but mastery is not expected.

Standard

GR.A.9 Understand and apply theorems about circles.

Adolescence

Grades 9-Diploma

Performance Expectations

HSG.C.A.1: Prove that all circles are similar.

HSG.C.A.2: Identify and describe relationships among inscribed angles, radii, and chords. Include the relationship between central, inscribed, and circumscribed angles; inscribed angles on a diameter are right angles; the radius of a circle is perpendicular to the tangent where the radius intersects the circle.

HSG.C.A.3: Construct the inscribed and circumscribed circles of a triangle and prove properties of angles for a quadrilateral inscribed in a circle.

(+) HSG.C.A.4: Construct a tangent line from a point outside a given circle to the circle.

Strand

Geometric Reasoning - Geometry: Circle

Standard

GR.A.10 Find arc lengths and areas of sectors of circles.

Adolescence

Grades 9-Diploma

Performance Expectations

HSG.C.B.5: Derive using similarity the fact that the length of the arc intercepted by an angle is proportional to the radius and define the radian measure of the angle as the constant of proportionality; derive the formula for the area of a sector.

Strand

Geometric Reasoning - Geometry: Expressing Geometric Properties with Equations

The high school standards also contain some performance expectations which are denoted by a plus (+). These performance expectations are intended to be extensions of learning. All students should be given opportunities to explore this content, but mastery is not expected.

Standard

GR.A.11 Translate between the geometric description and the equation for a conic section.

Adolescence

Grades 9-Diploma

Performance Expectations

HSG.GPE.A.1: Derive the equation of a circle of given center and radius using the Pythagorean Theorem; complete the square to find the center and radius of a circle given by an equation.

HSG.GPE.A.2: Derive the equation of a parabola given a focus and directrix.

(+) HSG.GPE.A.3: Derive the equations of ellipses and hyperbolas given the foci and directrix, using the fact that the sum or difference of distances from the foci is constant.

Strand

Geometric Reasoning - Geometry: Expressing Geometric Properties with Equations

Modeling Standards: Modeling is best interpreted not as a collection of isolated topics but rather in relation to other standards. Making mathematical models is a Standard for Mathematical Practice, and specific modeling standards appears throughout the high school standards indicated by a star symbol ( ★ ).

Standard

GR.A.12 Use coordinates to prove simple geometric theorems algebraically.

Adolescence

Grades 9-Diploma

Performance Expectations

HSG.GPE.B.4: Use coordinates to prove simple geometric theorems algebraically including the distance formula and its relationship to the Pythagorean Theorem. For example, prove or disprove that a figure defined by four given points in the coordinate plane is a rectangle; prove or disprove that the point (1, √3) lies on the circle centered at the origin and containing the point (0, 2).

HSG.GPE.B.5: Prove the slope criteria for parallel and perpendicular lines and use them to solve geometric problems (e.g., find the equation of a line parallel or perpendicular to a given line that passes through a given point).

HSG.GPE.B.6: Find the point on a directed line segment between two given points that partitions the segment in a given ratio.

HSG.GPE.B.7: Use coordinates to compute perimeters of polygons and areas of triangles and rectangles, e.g., using the distance formula. ★

Strand

Geometric Reasoning - Geometry: Geometric Measurements & Dimension

Modeling Standards: Modeling is best interpreted not as a collection of isolated topics but rather in relation to other standards. Making mathematical models is a Standard for Mathematical Practice, and specific modeling standards appears throughout the high school standards indicated by a star symbol ( ★ ).

The high school standards also contain some performance expectations which are denoted by a plus (+). These performance expectations are intended to be extensions of learning. All students should be given opportunities to explore this content, but mastery is not expected.

Standard

GR.A.13 Explain volume formulas and use them to solve problems.

Adolescence

Grades 9-Diploma

Performance Expectations

HSG.GMD.A.1: Give an informal argument for the formulas for the circumference of a circle, area of a circle, volume of a cylinder, pyramid, and cone. Use dissection arguments, Cavalieri's principle, and/or informal limit arguments .

(+) HSG.GMD.A.2: Give an informal argument using Cavalieri's principle for the formulas for the volume of a sphere and other solid figures.

HSG.GMD.A.3: Use volume formulas for cylinders, pyramids, cones, and spheres to solve problems. ★

Strand

Geometric Reasoning - Geometry: Geometric Measurements & Dimension

Standard

GR.A.14 Visualize relationships between two-dimensional and three-dimensional objects.

Adolescence

Grades 9-Diploma

Performance Expectations

HSG.GMD.B.4: Identify the shapes of two-dimensional cross-sections of three-dimensional objects, and identify three-dimensional objects generated by rotations of two-dimensional objects.

Strand

Geometric Reasoning - Geometry: Modeling with Geometry

Modeling Standards: Modeling is best interpreted not as a collection of isolated topics but rather in relation to other standards. Making mathematical models is a Standard for Mathematical Practice, and specific modeling standards appears throughout the high school standards indicated by a star symbol ( ★ ).

Standard

GR.A.15 Apply geometric concepts in modeling situations. ★

Adolescence

Grades 9-Diploma

Performance Expectations

HSG.MG.A.1: Use geometric shapes, their measures, and their properties to describe objects (e.g., modeling a tree trunk or a human torso as a cylinder). ★

HSG.MG.A.2: Apply concepts of density based on area and volume in modeling situations (e.g., persons per square mile, BTUs per cubic foot). ★

HSG.MG.A.3: Apply geometric methods to solve design problems (e.g., designing an object or structure to satisfy physical constraints or minimize cost; working with typographic grid systems based on ratios). ★

Statistical Reasoning

Statistical reasoning is the way people analyze data and make sense of information. It involves generalizations that connect one concept to another. In this K-5 strand, students will develop strategies to represent and interpret data, describe and compare measurable attributes, and understand concepts of measurement including perimeter, area, volume, time, and money.

Students in grades 6-8 continue to develop their ability to think statistically. Measures of central tendency (mean, median, and mode) as well as measures of variability (range, interquartile range, mean absolute deviation) are used to describe data. Previous work with single data distributions is expanded to compare two data distributions and address questions about differences between populations. Informal work with random sampling and learning about the importance of representative samples for drawing inferences is introduced. Students then expand their statistical understanding to include connections involving modeling with linear equations, as well as non-linear expressions. Looking for patterns in a bivariate data system is emphasized.

In grades 9-12 students extend their statistical understanding of univariate and bi-variate data in a real-world context. This understanding is used to make decisions or predictions based on the data. Since data can be variable, statistics provide the tools for taking this variability into account. Data can be categorical or quantitative in nature. Appropriate methods for collecting, displaying, summarizing, and analyzing data are learned and employed. Algebraic and geometric reasoning are utilized to create linear regression models in order to interpret the relationship between two quantitative variables when appropriate.

The conditions under which data are collected and the use of randomization in the design of a study are necessary for drawing valid conclusions about the population under study. Since random processes can be described mathematically by using a probability model, the role of probability in making predictions or in making decisions becomes evident. Technology makes it possible to generate plots, find regression functions, compute correlation coefficients, and run simulations to better understand data. Statistical reasoning is a deeply rich and complex process which is essential to comprehend in order to stay informed in civic matters and personal decision-making.

Strand

Statistical Reasoning - Measurement & Data

Standard

SR.C.1 Describe and compare measurable attributes.

Childhood

Kindergarten

Grade 1

Grade 2

Performance Expectations

K.MD.A.1: Describe measurable attributes of objects, such as length or weight. Describe several measurable attributes of a single object.

K.MD.A.2: Directly compare two objects with a measurable attribute in common, to see which object has "more of"/"less of" the attribute and describe the difference. For example, directly compare the heights of two children and describe one child as taller/shorter .

K.MD.B.3: Classify objects into given categories; count the numbers of objects in each category and sort the categories by count. (Limit category counts to be less than or equal to 10.)

1.MD.A.1: Order three objects by length; compare the lengths of two objects indirectly by using a third object.

1.MD.A.2: Express the length of an object as a whole number of length units, by laying multiple copies of a shorter object (the length unit) end to end; understand that the length measurement of an object is the number of same-size length units that span it with no gaps or overlaps. Limit to contexts where the object being measured is spanned by a whole number of length units with no gaps or overlaps .

2.MD.A.4: Measure to determine how much longer one object is than another, expressing the length difference in terms of a standard length unit.

2.MD.A.1: Measure the length of an object by selecting and using appropriate tools such as rulers, yardsticks, meter sticks, and measuring tapes.

2.MD.A.2: Measure the length of an object twice, using length units of different lengths for the two measurements; describe how the two measurements relate to the size of the unit chosen.

2.MD.A.3: Estimate lengths using units of inches, feet, centimeters, and meters.

Strand

Statistical Reasoning - Measurement & Data

Standard

SR.C.2 Represent and interpret data.

Childhood

Kindergarten

Grade 1

Grade 2

Performance Expectations

1.MD.C.4: Organize, represent, and interpret data with up to three categories; ask and answer questions about the total number of data points, how many in each category, and how many more or less are in one category than in another.

2.MD.D.9: Generate measurement data by measuring lengths of several objects to the nearest whole unit, or by making repeated measurements of the same object. Organize and record data on a line plot, where the horizontal scale is marked off in whole-number units.

2.MD.D.10: Draw a picture graph and a bar graph (with single-unit scale) to represent a data set with up to four categories. Solve simple put-together, take-apart, and compare problems using information presented in a bar graph.

Strand

Statistical Reasoning - Measurement & Data

Standard

SR.C.3 Relate addition and subtraction to length.

Childhood

Kindergarten

Grade 1

Grade 2

Performance Expectations

2.MD.B.5: Use addition and subtraction within 100 to solve word problems involving lengths that are given in the same units, e.g., by using drawings (such as drawings of rulers) and equations with a symbol for the unknown number to represent the problem.

2.MD.B.6: Represent whole numbers as lengths from 0 on a number line diagram with equally spaced points corresponding to the numbers 0, 1, 2, ..., and represent whole-number sums and differences within 100 on a number line diagram.

Strand

Statistical Reasoning - Measurement & Data

Standard

SR.C.4 Work with time and money.

Childhood

Kindergarten

Grade 1

Grade 2

Performance Expectations

1.MD.B.3: Tell and write time in hours and half-hours using analog and digital clocks.

1.MD.D.5: Identify the coins and each corresponding value. (e.g. penny, nickel, dime, and quarter)

2.MD.C.7: Tell and write time from analog and digital clocks to the nearest five minutes, using a.m. and p.m.

2.MD.C.8: Solve word problems involving dollar bills, quarters, dimes, nickels, and pennies, using $ and ¢ symbols appropriately. Example: If you have 2 dimes and 3 pennies, how many cents do you have?

Strand

Statistical Reasoning - Measurement & Data

Standard

SR.C.5 Solve problems involving measurement, conversion of measurement and estimation of intervals of time, liquid volumes, and masses of objects.

Childhood

Grade 3

Excludes compound units such as cm³ and finding the geometric volume of a container

Excludes multiplicative comparison problems (problems involving notions of “times as much”)

Grade 4

Grade 5

Performance Expectations

3.MD.A.1: Tell and write time to the nearest minute and measure time intervals in minutes using analog and digital clocks. Solve word problems involving addition and subtraction of time intervals in minutes, e.g., by representing the problem on a number line diagram.

3.MD.A.2: Measure and estimate liquid volumes and masses of objects using standard metric units of grams (g), kilograms (kg), and liters (l). Add, subtract, multiply, or divide to solve one-step word problems involving masses or volumes that are given in the same metric units, e.g., by using drawings (such as a beaker with a measurement scale) to represent the problem.

4.MD.A.1: Know relative sizes of measurement units within one system of units including km, m, cm; kg, g; lb, oz.; l, ml; hr, min, sec. Within a single system of measurement, express measurements in a larger unit in terms of a smaller unit. Record measurement equivalents in a two-column table. For example, know that 1 ft is 12 times as long as 1 in. Express the length of a 4 ft snake as 48 in. Generate a conversion table for feet and inches listing the number pairs (1, 12), (2, 24), (3, 36), …

4.MD.A.2: Use the four operations to solve word problems involving distances, intervals of time, liquid volumes, masses of objects, and money, including problems involving simple fractions or decimals, and problems that require expressing measurements given in a larger unit in terms of a smaller unit. Represent measurement quantities using diagrams such as number line diagrams that feature a measurement scale.

5.MD.A.1: Convert among different-sized standard measurement units within a given measurement system (e.g., convert 5 cm to 0.05 m), and use these conversions in solving multi-step, real world problems.

Strand

Statistical Reasoning - Measurement & Data

Standard

SR.C.6 Represent and interpret data.

Childhood

Grade 3

Grade 4

Grade 5

Performance Expectations

3.MD.B.3: Draw a scaled picture graph and a scaled bar graph to represent a data set with several categories. Solve one- and two-step "how many more" and "how many less" problems using information presented in scaled bar graphs. For example, draw a bar graph in which each square in the bar graph might represent 5 pets .

3.MD.B.4: Generate measurement data by measuring lengths of objects using rulers marked with halves and fourths of an inch. Record and show the data by making a line plot, where the horizontal scale is marked off in appropriate units— whole numbers, halves, or fourths.

4.MD.B.4: Make a line plot to display a data set of measurements in fractions of a unit (1/2, 1/4, 1/8). Solve problems involving addition and subtraction of fractions by using information presented in line plots. For example, from a line plot find and interpret the difference in length between the longest and shortest specimens in an insect collection .

5.MD.B.2: Make a line plot to display a data set of measurements in fractions of a unit (1/2, 1/4, 1/8). Use operations on fractions for this grade to solve problems involving information presented in line plots. For example, given different measurements of liquid in identical beakers, find the amount of liquid each beaker would contain if the total amount in all the beakers were redistributed equally .

Strand

Statistical Reasoning - Measurement & Data

Standard

SR.C.7 Understand concepts of Geometric measurement: involving perimeter, area, and volume.

Childhood

Grade 3

Grade 4

Grade 5

Performance Expectations

3.MD.C.5: Recognize area as an attribute of plane figures and understand concepts of area measurement.

3.MD.C.5a: A square with side length 1 unit, called "a unit square," is said to have "one square unit" of area, and can be used to measure area.

3.MD.C.5b: A plane figure which can be covered without gaps or overlaps by n unit squares is said to have an area of n square units.

3.MD.C.6: Measure areas by counting unit squares (square cm, square m, square in, square ft, and non- standard units

3.MD.C.7: Relate area to the operations of multiplication and addition.

3.MD.C.7a: Find the area of a rectangle with whole-number side lengths by tiling it and show that the area is the same as would be found by multiplying the side lengths.

3.MD.C.7b: Multiply side lengths to find areas of rectangles with whole-number side lengths in the context of solving real world and mathematical problems and represent whole-number products as rectangular areas in mathematical reasoning.

3.MD.C.7c: Use tiling to show in a concrete case that the area of a rectangle with whole-number side lengths a and b + c is the sum of a × b and a × c . Use area models to represent the distributive property in mathematical reasoning.

3.MD.C.7d: Recognize area as additive. Find areas of rectilinear figures by decomposing them into non-overlapping rectangles and adding the areas of the non-overlapping parts, applying this technique to solve real world problems.

3.MD.D.8: Solve real world and mathematical problems involving perimeters of polygons, including finding the perimeter given the side lengths, finding an unknown side length, and exhibiting rectangles with the same perimeter and different areas or with the same area and different perimeters.

4.MD.A.3: Apply the area and perimeter formulas for rectangles in real world and mathematical problems. For example, find the width of a rectangular room given the area of the flooring and the length, by viewing the area formula as a multiplication equation with an unknown factor .

5.MD.C.3: Recognize volume as an attribute of solid figures and understand concepts of volume measurement.

5.MD.C.3a: A cube with side length 1 unit, called a "unit cube," is said to have "one cubic unit" of volume, and can be used to measure volume.

5.MD.C.3b: A solid figure which can be packed without gaps or overlaps using n unit cubes is said to have a volume of n cubic units.

5.MD.C.4: Measure volumes by counting unit cubes, using cubic cm, cubic in, cubic ft, and non-standard units.

5.MD.C.5: Relate volume to the operations of multiplication and addition and solve real world and mathematical problems involving volume. When finding volumes of objects answers will be in cubic units.

5.MD.C.5a: Find the volume of a right rectangular prism with whole-number edge lengths by packing it with unit cubes and show that the volume is the same as would be found by multiplying the edge lengths, equivalently by multiplying the height by the area of the base. Represent threefold whole-number products as volumes, e.g., to represent the associative property of multiplication.

5.MD.C.5b: Apply the formulas V = l × w × h and V = B × h (where B stands for the area of the base) for rectangular prisms to find volumes of right rectangular prisms with whole-number edge lengths in the context of solving real world and mathematical problems.

5.MD.C.5c: Recognize volume as additive. Find volumes of solid figures composed of two non-overlapping right rectangular prisms by adding the volumes of the non-overlapping parts, applying this technique to solve real world problems.

Strand

Statistical Reasoning - Measurement & Data

Standard

SR.C.8 Geometric measurement: understand concept of angle and measure angles.

Childhood

Grade 3

Grade 4

Grade 5

Performance Expectations

4.MD.C.5: Recognize angles as geometric shapes that are formed wherever two rays share a common endpoint, and understand concepts of angle measurement:

4.Md.C.5a: An angle is measured with reference to a circle with its center at the common endpoint of the rays, by considering the fraction of the circular arc between the points where the two rays intersect the circle. An angle that turns through 1/360 of a circle is called a "one-degree angle," and can be used to measure angles.

4.MD.C.5b: An angle that turns through n one-degree angles is said to have an angle measure of n degrees.

4.MD.C.6: Measure angles in whole-number degrees using a protractor. Sketch angles of specified measure.

4.MD.C.7: Recognize angle measure as additive. When an angle is decomposed into non-overlapping parts, the angle measure of the whole is the sum of the angle measures of the parts. Solve addition and subtraction problems to find unknown angles on a diagram in real world and mathematical problems, e.g., by using an equation with a symbol for the unknown angle measure.

Strand

Statistical Reasoning - Statistics & Probability

Standard

SR.EA.1 Summarize distribution using measures of center, variability, and graphical displays.

Early Adolescence

Grades 6-8

Performance Expectations

6.SP.A.1: Recognize a statistical question as one that anticipates variability in the data related to the question and accounts for it in the answers. For example, "How old am I?" is not a statistical question, but "How old are the students in my school?" is a statistical question because one anticipates variability in students' ages .

6.SP.A.2: Understand that a set of data collected to answer a statistical question has a distribution which can be described by its center (mean, median and/or mode), spread (range and/or interquartile range), and overall shape.

6.SP.A.3: Recognize that a measure of center for a numerical data set summarizes all of its values with a single number, while a measure of variation describes how its values vary with a single number.

6.SP.B.4: Display numerical data in plots on a number line, including dot plots, histograms, and box plots.

6.SP.B.5: Summarize numerical data sets in relation to their context, such as by:

6.SP.B.5a: Reporting the number of observations.

6.SP.B.5b: Describing the nature of the attribute under investigation, including how it was measured and its units of measurement.

6.SP.B.5c: Calculating quantitative measures of center (median and/or mean) and variability (range and/or interquartile range and/or mean absolute deviation), as well as describing any overall pattern and any striking deviations from the overall pattern with reference to the context in which the data were gathered.

6.SP.B.5d: Relating the choice of measures of center and variability to the shape of the data distribution and the context in which the data were gathered.

Strand

Statistical Reasoning - Statistics & Probability

Standard

SR.EA.2 Use random sampling, visual representations, and measures of center and variability to draw inferences about one or more populations.

Early Adolescence

Grades 6-8

Performance Expectations

7.SP.A.1: Understand that statistics can be used to gain information about a population by examining a sample of the population; generalizations about a population from a sample are valid only if the sample is representative of that population. Understand that random sampling tends to produce representative samples and support valid inferences.

7.SP.A.2: Use data from a random sample to draw inferences about a population with an unknown characteristic of interest. Generate multiple samples (or simulated samples) of the same size to gauge the variation in estimates or predictions. For example, estimate the mean length of a largemouth bass in a lake by randomly sampling largemouth bass from the lake; predict the winner of a school election based on randomly sampled survey data. Gauge how far off the estimate or prediction might be .

7.SP.B.3: Informally assess the degree of visual overlap of two numerical data distributions with similar variabilities, measuring the difference between the centers by expressing it as a multiple of a measure of variability. For example, the mean height of players on the basketball team is 10 cm greater than the mean height of players on the soccer team and both distributions have similar variability (mean absolute deviation) of about 5 cm. The difference between the mean heights of the two teams (10 cm) is about twice the variability (5 cm mean absolute deviation) on either team; on a dot plot, the separation between the two distributions of heights is noticeable .

7.SP.B.4: Use measures of center and measures of variability for numerical data from random samples to draw informal comparative inferences about two populations. For example, decide whether the words in a chapter of a seventh-grade science book are generally longer than the words in a chapter of a fourth-grade science book .

Strand

Statistical Reasoning - Statistics & Probability

Standard

SR.EA.3 Investigate chance processes and develop, use, and evaluate probability models.

Early Adolescence

Grades 6-8

Performance Expectations

7.SP.C.5: Understand that the probability of a chance event is a number between 0 and 1 that expresses the likelihood of the event occurring. Larger numbers indicate greater likelihood. A probability near 0 indicates an unlikely event, a probability around 1/2 indicates an event that is neither unlikely nor likely, and a probability near 1 indicates a likely event.

7.SP.C.6: Approximate the probability of a chance event by collecting data on the chance process that produces it and observing its long-run relative frequency, and predict the approximate relative frequency given the probability. For example, when rolling a number cube 600 times, predict that a 3 or 6 would be rolled roughly 200 times, but probably not exactly 200 times .

7.SP.C.7: Develop a probability model and use it to find probabilities of events. Compare probabilities from a model to observed frequencies; if the agreement is not good, explain possible sources of the discrepancy.

7.SP.C.7a: Develop a uniform probability model by assigning equal probability to all outcomes and use the model to determine probabilities of events. For example, if a student is selected at random from a class, find the probability that Jane will be selected and the probability that a girl will be selected .

7.SP.C.7b: Develop a probability model (which may not be uniform) by observing frequencies in data generated from a chance process. For example, find the approximate probability that a spinning penny will land heads up or that a tossed paper cup will land open-end down. Do the outcomes for the spinning penny appear to be equally likely based on the observed frequencies?

7.SP.C.8: Find probabilities of compound events using organized lists, tables, tree diagrams, and simulation.

7.SP.C.8a: Understand that, just as with simple events, the probability of a compound event is the fraction of outcomes in the sample space for which the compound event occurs.

7.SP.C.8b: Represent sample spaces for compound events using methods such as organized lists, tables and tree diagrams. For an event described in everyday language (e.g., "rolling double sixes"), identify the outcomes in the sample space which compose the event.

7.SP.C.8c: Design and use a simulation to generate frequencies for compound events. For example, use random digits as a simulation tool to approximate the answer to the question: If 40% of donors have type A blood, what is the probability that it will take at least 4 donors to find one with type A blood?

Strand

Statistical Reasoning - Statistics & Probability

Standard

SR.EA.4 Investigate patterns of association in bivariate data.

Early Adolescence

Grades 6-8

Performance Expectations

8.SP.A.1: Construct and interpret scatter plots for bivariate measurement data to investigate patterns of association between two quantities. Describe patterns such as clustering, outliers, positive or negative association, linear association, and nonlinear association.

8.SP.A.2: Know that straight lines are widely used to model relationships between two quantitative variables. For scatter plots that suggest a linear association, informally fit a straight line, and informally assess the model fit by judging the closeness of the data points to the line.

8.SP.A.3: Use the equation of a linear model to solve problems in the context of bivariate measurement data, interpreting the slope and intercept. For example, in a linear model for a biology experiment, interpret a slope of 1.5 cm/hr as meaning that an additional hour of sunlight each day is associated with an additional 1.5 cm in mature plant height .

8.SP.A.4: Understand that patterns of association can also be seen in bivariate categorical data by displaying frequencies and relative frequencies in a two-way table. Construct and interpret a two-way table summarizing data on two categorical variables collected from the same subjects. Use relative frequencies calculated for rows or columns to describe possible association between the two variables. For example, collect data from students in your class on whether or not they have a curfew on school nights and whether or not they have assigned chores at home. Is there evidence that those who have a curfew also tend to have chores?

Strand

Statistical Reasoning - Statistics & Probability: Interpreting Categorical & Quantitative Data

Modeling Standards: Modeling is best interpreted not as a collection of isolated topics but rather in relation to other standards. Making mathematical models is a Standard for Mathematical Practice, and specific modeling standards appears throughout the high school standards indicated by a star symbol ( ★ ).

Standard

SR.A.1 Summarize, represent, and interpret data on a single count or measurement variable. ★

Adolescence

Grades 9-Diploma

Performance Expectations

HHS.ID.A.1: Represent data with plots on the real number line (dot plots, histograms, and box plots). ★

HSS.ID.A.2: Use statistics appropriate to the shape of the data distribution to compare center (median, mean) and spread (interquartile range, standard deviation) of two or more different data sets. ★

HSS.ID.A.3: Interpret differences in shape, center, and spread in the context of the data sets, accounting for possible effects of extreme data points (outliers). ★

HSS.ID.A.4: Use the mean and standard deviation of a data set to fit it to a normal distribution and to estimate population percentages. Recognize that there are data sets for which such a procedure is not appropriate. Use calculators, spreadsheets, and tables to estimate areas under the normal curve. ★

Strand

Statistical Reasoning - Statistics & Probability: Interpreting Categorical & Quantitative Data

Modeling Standards: Modeling is best interpreted not as a collection of isolated topics but rather in relation to other standards. Making mathematical models is a Standard for Mathematical Practice, and specific modeling standards appears throughout the high school standards indicated by a star symbol ( ★ ).

Standard

SR.A.2 Summarize, represent, and interpret data on two categorical variables and two quantitative variables. ★

Adolescence

Grades 9-Diploma

Performance Expectations

HSS.ID.B.5: Summarize categorical data for two categories in two-way frequency tables. Interpret relative frequencies in the context of the data (including joint, marginal, and conditional relative frequencies). Recognize possible associations and trends in the data. ★

HSS.ID.B.6: Represent data on two quantitative variables on a scatter plot, and describe how the variables are related. ★

HSS.ID.B.6a: Fit a function to the data; use functions fitted to data to solve problems in the context of the data. Use given functions or choose a function suggested by the context. Emphasize linear, quadratic, and exponential models. ★

HSS.ID.B.6b: Informally assess the fit of a function by plotting and analyzing residuals. ★

HSS.ID.B.6c: Fit a linear function for a scatter plot that suggests a linear association. ★

Strand

Statistical Reasoning - Statistics & Probability: Interpreting Categorical & Quantitative Data

Modeling Standards: Modeling is best interpreted not as a collection of isolated topics but rather in relation to other standards. Making mathematical models is a Standard for Mathematical Practice, and specific modeling standards appears throughout the high school standards indicated by a star symbol ( ★ ).

Standard

SR.A.3 Interpret linear models. ★

Adolescence

Grades 9-Diploma

Performance Expectations

HSS.ID.C.7: Interpret the slope (rate of change) and the intercept (constant term) of a linear model in the context of the data. ★

HSS.ID.C.8: Compute (using technology) and interpret the correlation coefficient of a linear fit. ★

HSS.ID.C.9: Distinguish between correlation and causation. ★

Strand

Statistical Reasoning - Statistics & Probability: Making Inferences & Justifying Conclusions

Modeling Standards: Modeling is best interpreted not as a collection of isolated topics but rather in relation to other standards. Making mathematical models is a Standard for Mathematical Practice, and specific modeling standards appears throughout the high school standards indicated by a star symbol ( ★ ).

Standard

SR.A.4 Understand and evaluate random processes underlying statistical experiments. ★

Adolescence

Grades 9-Diploma

Performance Expectations

HSS.IC.A.1: Understand statistics as a process for making inferences about population parameters based on a random sample from that population. ★

HSS.IC.A.2: Decide if a specified model is consistent with results from a given data-generating process, e.g., using simulation. For example, a model says a spinning coin falls heads up with probability 0.5. Would a result of 5 tails in a row cause you to question the model ? ★

Strand

Statistical Reasoning - Statistics & Probability: Making Inferences & Justifying Conclusions

Modeling Standards: Modeling is best interpreted not as a collection of isolated topics but rather in relation to other standards. Making mathematical models is a Standard for Mathematical Practice, and specific modeling standards appears throughout the high school standards indicated by a star symbol ( ★ ).

Standard

SR.A.5 Make inferences and justify conclusions from sample surveys, experiments, and observational studies. ★

Adolescence

Grades 9-Diploma

Performance Expectations

HSS.IC.B.3: Recognize the purposes of and differences among sample surveys, experiments, and observational studies; explain how randomization relates to each. ★

HSS.IC.B.4: Use data from a sample survey to estimate a population mean or proportion; develop a margin of error through the use of simulation models for random sampling. ★

HSS.IC.B.5: Use data from a randomized experiment to compare two treatments; use simulations to decide if differences between parameters are significant. ★

HSS.IC.B.6: Evaluate reports based on data. For example, use an article in the local news and interpret the validity of the information presented. Consider animal wildlife reports, medical studies, and/or manufacturer claims. ★

Strand

Statistical Reasoning - Statistics & Probability: Conditional Probability & the Rules of Probability

Modeling Standards: Modeling is best interpreted not as a collection of isolated topics but rather in relation to other standards. Making mathematical models is a Standard for Mathematical Practice, and specific modeling standards appears throughout the high school standards indicated by a star symbol ( ★ ).

Standard

SR.A.6 Understand independence and conditional probability and use them to interpret data. ★

Adolescence

Grades 9-Diploma

Performance Expectations

HSS.CP.A.1: Describe events as subsets of a sample space (the set of outcomes) using characteristics (or categories) of the outcomes, or as unions, intersections, or complements of other events ("or," "and," "not"). ★

HSS.CP.A.2: Understand that two events A and B are independent if the probability of A and B occurring together is the product of their probabilities, and use this characterization to determine if they are independent. ★

HSS.CP.A.3: Understand the conditional probability of A given B as P ( A and B )/ P ( B ), and interpret independence of A and B as saying that the conditional probability of A given B is the same as the probability of A , and the conditional probability of B given A is the same as the probability of B . ★

HSS.CP.A.4: Construct and interpret two-way frequency tables of data when two categories are associated with each object being classified. Use the two-way table as a sample space to decide if events are independent and to approximate conditional probabilities. For example, collect data from a random sample of students in your school on their favorite subject among math, science, and English. Estimate the probability that a randomly selected student from your school will favor science given that the student is in tenth grade. Do the same for other subjects and compare the results. ★

HSS.CP.A.5: Recognize and explain the concepts of conditional probability and independence in everyday language and everyday situations. For example, compare the chance of having lung cancer if you are a smoker with the chance of being a smoker if you have lung cancer. ★

Strand

Statistical Reasoning - Statistics & Probability: Conditional Probability & the Rules of Probability

Modeling Standards: Modeling is best interpreted not as a collection of isolated topics but rather in relation to other standards. Making mathematical models is a Standard for Mathematical Practice, and specific modeling standards appears throughout the high school standards indicated by a star symbol ( ★ ).

The high school standards also contain some performance expectations which are denoted by a plus (+). These performance expectations are intended to be extensions of learning. All students should be given opportunities to explore this content, but mastery is not expected.

Standard

SR.A.7 Use the rules of probability to compute probabilities of compound events in a uniform probability model. ★

Adolescence

Grades 9-Diploma

Performance Expectations

HSS.CP.B.6: Find the conditional probability of A given B as the fraction of B 's outcomes that also belong to A , and interpret the answer in terms of the model. ★

HSS.CP.B.7: Apply the Addition Rule, P(A or B) = P(A) + P(B) - P(A and B), and interpret the answer in terms of the model. ★

(+) HSS.CP.B.8: Apply the general Multiplication Rule in a uniform probability model, P(A and B) = P(A)P(B|A) = P(B)P(A|B), and interpret the answer in terms of the model. ★

(+) HSS.CP.B.9: Use permutations and combinations to compute probabilities of compound events and solve problems. ★

Strand

Statistical Reasoning - Statistics & Probability: Using Probability to Make Decisions

Modeling Standards: Modeling is best interpreted not as a collection of isolated topics but rather in relation to other standards. Making mathematical models is a Standard for Mathematical Practice, and specific modeling standards appears throughout the high school standards indicated by a star symbol ( ★ ).

The high school standards also contain some performance expectations which are denoted by a plus (+). These performance expectations are intended to be extensions of learning. All students should be given opportunities to explore this content, but mastery is not expected.

Standard

SR.A.8 (+) Calculate expected values and use them to solve problems. ★

Adolescence

Grades 9-Diploma

Performance Expectations

(+) HSS.MD.A.1: Define a random variable for a quantity of interest by assigning a numerical value to each event in a sample space; graph the corresponding probability distribution using the same graphical displays as for data distributions. ★

(+) HSS.MD.A.2: Calculate the expected value of a random variable; interpret it as the mean of the probability distribution. ★

(+) HSS.MD.A.3: Develop a probability distribution for a random variable defined for a sample space in which theoretical probabilities can be calculated; find the expected value. For example, find the theoretical probability distribution for the number of correct answers obtained by guessing on all five questions of a multiple-choice test where each question has four choices, and find the expected grade under various grading schemes. ★

(+) HSS.MD.A.4: Develop a probability distribution for a random variable defined for a sample space in which probabilities are assigned empirically; find the expected value. For example, find a current data distribution on the number of TV sets per household in the United States, and calculate the expected number of sets per household. How many TV sets would you expect to find in 100 randomly selected households? ★

Strand

Statistical Reasoning - Statistics & Probability: Using Probability to Make Decisions

Modeling Standards: Modeling is best interpreted not as a collection of isolated topics but rather in relation to other standards. Making mathematical models is a Standard for Mathematical Practice, and specific modeling standards appears throughout the high school standards indicated by a star symbol ( ★ ).

The high school standards also contain some performance expectations which are denoted by a plus (+). These performance expectations are intended to be extensions of learning. All students should be given opportunities to explore this content, but mastery is not expected.

Standard

SR.A.9 (+) Use probability to evaluate outcomes of decisions. ★

Adolescence

Grades 9-Diploma

Performance Expectations

(+) HSS.MD.B.5: Weigh the possible outcomes of a decision by assigning probabilities to payoff values and finding expected values. ★

(+) HSS.MD.B.5a: Find the expected payoff for a game of chance. For example, find the expected winnings from a state lottery ticket or a game at a fast-food restaurant. ★

(+) HSS.MD.B.5b: Evaluate and compare strategies on the basis of expected values. For example, compare a high-deductible versus a low-deductible automobile insurance policy using various, but reasonable, chances of having a minor or a major accident. ★

(+) HSS.MD.B.6: Use probabilities to make fair decisions (e.g., drawing by lots, using a random number generator). ★

(+) HSS.MD.B.7: Analyze decisions and strategies using probability concepts (e.g., product testing, medical testing, pulling a hockey goalie at the end of a game and replacing the goalie with an extra skater). ★

Definitions:

Strand: A body of knowledge in a content area identified by a simple title.

Standard: Enduring understandings and skills that students can apply and transfer to contexts that are new to the student.

Performance Expectation: Building blocks to the standard and measurable articulations of what the student understands and can do.

Science, Technology, and Engineering Standards

Science and engineering provide people with knowledge and tools to understand and address many of the challenges of a rapidly changing world, thus enabling them to be creative and practical problem solvers (Maine Guiding Principle C). Science is a way of knowing about the world that enables people to both engage in the construction of new knowledge and to use information to achieve desired ends (NIH). Engineering enables people to systematically solve problems using scientific knowledge, to design and test solutions and evaluate them using agreed-upon and measurable criteria.

Science and Engineering Literacy

In the last few decades, much has been written about the critical role of science literacy in an equitable and just society. For example, the Board on Science Education within the National Academies of Science argue that

“Science literacy is desirable not only for individuals, but also for the health and well-being of communities and society. More than just basic knowledge of science facts, contemporary definitions of science literacy have expanded to include understandings of scientific processes and practices, familiarity with how science and scientists work, a capacity to weigh and evaluate the products of science, and an ability to engage in civic decisions about the value of science.”

Here we recognize that, in addition to understanding and evaluating science knowledge and critiquing the development of that knowledge, learners must also develop literacy related to science and engineering practices and design. In other words, they should know about and be able to critique the processes by which engineers develop and test products in response to consumer, industrial, and/or civic needs. The Maine Science and Engineering Standards provide a framework for supporting K-12 students’ development as self-directed lifelong learners (Maine Guiding Principle B) who are able to apply knowledge from the domains of science and engineering to set goals and make decisions.

Understanding Controversy in Science

Individuals have ready access to abundant information in our modern global society. Consequently, they will encounter myriad arguments related to various scientific topics. Moreover, arguments will change over time, as new evidence becomes available and as people draw on scientific evidence to formulate arguments in shifting social contexts. It is therefore imperative that individuals understand that controversy within the scientific community is normal and has been historically productive. “True scientific controversy involves competing scientific ideas that are evaluated according to the standards of science — i.e., fitting the evidence, generating accurate expectations, offering satisfying explanations, inspiring research, etc...few theories fit our observations of the world perfectly. There is usually some anomalous observation that doesn't seem to fit with our current understanding. Scientists assume that by working at such anomalies, they'll either disentangle them to see how they fit with the current theory or contribute to a new theory” ("Even Theories Change." Understanding Science. University of California Museum of Paleontology. 23 July 2018 http://www.understandingscience.org/article/alvarez_01). One well documented example of productive controversy is the development of modern theories that explain and predict phenomena in the physical world. Newton originally posited a theory of mechanics that adequately explained phenomena as varied as projectile motion and planetary orbit. Centuries later, Einstein developed the theory of special relativity to account for additional phenomena related to electricity and magnetism. The need to account for and predict the effects of gravity spurred scientists to offer the theory of general relativity. Thus, “theory change is a community process of feedback, experiment, observation, and communication. It usually involves interpreting existing data in new ways and incorporating those views with new results” ("Even Theories Change." Understanding Science. University of California Museum of Paleontology. 23 July 2018 http://www.understandingscience.org/article/alvarez_01).

Becoming Critical and Engaged Consumers of Science and Engineering

As learners encounter diverse perspectives related to scientific issues, it is crucial that they become integrative and informed thinkers (Maine Guiding Principle E) able to discern reliable and valid information. Such information is generated through accepted scientific and engineering practices (e.g., analyzing and interpreting data, engaging in argument from evidence, etc.). Armed with knowledge and these skills, learners will be able to function as responsible and involved citizens (Maine Guiding Principle D) who utilize clear and effective communication strategies (Maine Guiding Principle A) to participate productively in decision making that impacts the broader community.

References:

National Research Council. 2012. A Framework for K-12 Science Education: Practices, Crosscutting Concepts, and Core Ideas . Washington, DC: The National Academies Press.

From NAEP (https://nces.ed.gov/nationsreportcard/tel/)

NGSS Lead States. (2013). Next Generation Science Standards : For states, by states. Washington, DC: The National Academies Press.

https://www.ncbi.nlm.nih.gov/books/NBK396081/

Committee on Science Literacy and Public Perception of Science; Board on Science Education; Division of Behavioral and Social Sciences and Education; National Academies of Sciences, Engineering, and Medicine; Snow CE, Dibner KA, editors.

Washington (DC): National Academies Press (US); 2016 Oct 14.

OUTLINE OF SCIENCE, TECHNOLOGY AND ENGINEERING STRANDS AND STANDARDS

Physical Sciences

PS1 Matter and Its Interactions

PS2 Motion and Stability: Forces and Interactions

PS3 Energy

PS4 Waves and Their Applications in Technologies

Life Sciences

LS1 From Molecules to Organisms: Structures and Processes

LS2 Ecosystems: Interactions, Energy, and Dynamics

LS3 Heredity: Inheritance and Variation of Traits

LS4 Biological Evolution: Unity and Diversity

Earth and Space Sciences

ESS1 Earth’s Place in the Universe

ESS2 Earth’s Systems

ESS3 Earth and Human Activity

Engineering, Technology, and Applications of Science

ETS1 Engineering Design

HOW TO READ THE STANDARDS COLOR SCHEME

Strand Science & Engineering Practices (blue)

Grade Level Standard Disciplinary Core Ideas (orange)

Performance Expectation Crosscutting Concepts (green)

2- LS 3-1

Strand

Physical Science (PS)

Standard

PS1: Matter and Its Interactions

Childhood

Kindergarten

Grade 1

Grade 2

Performance Expectations

2-PS1-1 Plan and conduct an investigation to describe and classify different kinds of materials by their observable properties.

Further explanation: Observations could include color, texture, hardness, and flexibility. Patterns could include the similar properties that different materials share.

Planning and Carrying out Investigations, Structure and Properties of Matter, Patterns

2-PS1-2 Analyze data obtained from testing different materials to determine which materials have the properties that are best suited for an intended purpose.

Further explanation: Examples of properties could include strength, flexibility, hardness, texture, and absorbency. Potential Maine connections include snow tires vs. regular tires and mittens made of varying materials (e.g. wool, cotton, Gortex, etc.)

Analyzing and Interpreting Data, Structure and Properties of Matter, Cause and Effect

2-PS1-3 Make observations to construct an evidence-based account of how an object made of a small set of pieces can be disassembled and made into a new object.

Further explanation: Examples of pieces could include blocks, building bricks, or other assorted small objects.

Constructing Explanations and Designing Solutions, Structure and Properties of Matter, Energy and Matter

2-PS1-4 Construct an argument with evidence that some changes caused by heating or cooling can be reversed and some cannot.

Further explanation: Examples of reversible changes could include materials such as water and butter at different temperatures. Potential Maine examples include snow and ice having reversible properties (e.g. water freezes and thaws which allows for ice fishing and skating in colder months). Examples of irreversible changes could include cooking an egg, freezing a plant leaf, heating paper and burning wood in a campfire or woodstove.

Engaging in Argument from Evidence, Chemical Reactions, Cause and Effect

Strand

Physical Science (PS)

Standard

PS1: Matter and Its Interactions

Childhood

Grade 3

Grade 4

Grade 5

Performance Expectations

5-PS1-1 Develop a model to describe that matter is made of particles too small to be seen.

Further Explanation: Examples of evidence could include adding air to expand a basketball, compressing air in a syringe, dissolving sugar in water, and evaporating salt water. Investigate the science behind creating Maine maple sugar.

Developing and Using Models, Structure and Properties of Matter, Scale, Proportion, and Quantity

5-PS1-2 Measure and graph quantities to provide evidence that regardless of the type of change that occurs when heating, cooling, or mixing substances, the total weight of matter is conserved.

Further Explanation: Examples of reactions or changes could include phase changes, dissolving, and mixing that form new substances. Investigate the conservation of mass when making fake snow and how the crystals form.

Using Mathematics and Computational Thinking, Structure and Properties of Matter, Chemical Reactions, Cause and Effect

5-PS1-3 Make observations and measurements to identify materials based on their properties.

Further Explanation: Examples of materials to be identified could include baking soda and other powders, metals, minerals, and liquids. Examples of properties could include color, hardness, reflectivity, electrical conductivity, thermal conductivity, response to magnetic forces, and solubility; density is not intended as an identifiable property. Possibly examine Maine minerals.

Planning and Carrying out Investigations, Structure and Properties of Matter, Scale, Proportion and Quantity

5-PS1-4 Conduct an investigation to determine whether the mixing of two or more substances results in new substances.

Planning and Carrying out Investigations, Chemical Reactions, Cause and Effect

Strand

Physical Science (PS)

Standard

PS1: Matter and Its Interactions

Early Adolescence

Grades 6-8

Performance Expectations

MS-PS1-1 Develop models to describe the atomic composition of simple molecules and extended structures.

Further explanation: Emphasis is on developing models of molecules that vary in complexity. Examples of simple molecules could include ammonia and methanol. Examples of extended structures could include sodium chloride or diamonds. Examples of molecular-level models could include drawings, three-dimensional ball and stick structures, or computer representations showing different molecules with different types of atoms.

Developing and using models; Obtaining, evaluating, and communicating information; structure and properties of matter; scale, proportion, and quantity

MS-PS1-2 Analyze and interpret data on the properties of substances before and after the substances interact to determine if a chemical reaction has occurred.

Further explanation: Examples of reactions could include burning sugar or steel wool, fat reacting with sodium hydroxide, and mixing zinc with hydrogen chloride. Examine electrical conductivity differences between fresh water and sea water.

Obtaining, evaluating, and communicating information; Analyzing and interpreting data; structure and properties of matter; chemical reactions; patterns

MS-PS1-3 Gather and make sense of information to describe that synthetic materials come from natural resources and impact society.

Further explanation: Emphasis is on natural resources that undergo a chemical process to form synthetic material. Examples of new materials could include new medicines, foods, and alternative fuels (alternative plastics derived from potatoes and jet fuel made from trees). Other possible areas of study might include plastics from organics, advanced composites and wood products under development at UMO.

Obtaining, evaluating, and communicating information; chemical reactions; structure and properties of matter; structure and function

MS-PS1-4 Develop a model that predicts and describes changes in particle motion, temperature, and state of a pure substance when thermal energy is added or removed.

Further explanation: Emphasis is on qualitative molecular-level models of solids, liquids, and gases to show that adding or removing thermal energy increases or decreases kinetic energy of the particles until a change of state occurs. Examples of models could include drawings and diagrams. Examples of particles could include molecules or inert atoms. Examples of pure substances could include water, carbon dioxide, and helium.

Developing and using models; structure and properties of matter; definitions of energy; cause and effect

MS-PS1-5 Develop and use a model to describe how the total number of atoms does not change in a chemical reaction and thus mass is conserved.

Further explanation: Emphasis is on the law of conservation of matter and on physical models or drawings, including digital forms that represent atoms.

Developing and using models; chemical reactions; energy and matter

MS-PS1-6 Undertake a design project to construct, test, and modify a device that either releases or absorbs thermal energy by chemical processes.

Further explanation: Emphasis is on design, controlling the transfer of energy to the environment, and modification of a device using factors such as type and concentration of a substance. Examples of designs could involve chemical reactions such as dissolving ammonium chloride or calcium chloride for road treatments in Maine winters.

Constructing explanations and designing solutions; chemical reactions; developing possible solutions; optimizing the design solution; structure and function

Strand

Physical Science (PS)

Standard

PS1: Matter and Its Interactions

Adolescence

Grades 9-Diploma

Performance Expectations

HS-PS1-1 Use the periodic table as a model to predict the relative properties of elements based on the patterns of electrons in the outermost energy level of atoms.

Further explanation: Examples of properties that could be predicted from patterns could include reactivity of metals, types of bonds formed, numbers of bonds formed, and reactions with oxygen. Examples include the properties and bonding of water and the rusting of metals as found in guardrails, ship parts, etc. Consider the metal compounds found in fireworks.

Developing and Using Models, structure and properties of matter, types of interactions, patterns

HS-PS1-2 Construct and revise an explanation for the outcome of a simple chemical reaction based on the outermost electron states of atoms, trends in the periodic table, and knowledge of the patterns of chemical properties.

Further explanation: Examples of chemical reactions could include the reaction of sodium and chlorine, carbon and oxygen, or carbon and hydrogen. Examples could include ocean salt formation, combustion (as found in the burning of fuels in Maine homes, cars and the trucking industry) or the detection of carbon monoxide in a home (complete vs incomplete combustion).

Constructing Explanations and Designing Solutions, structure and properties of matter, chemical reaction, patterns

HS-PS1-3 Plan and conduct an investigation to gather evidence to compare the structure of substances at the bulk scale to infer the strength of electrical forces between particles.

Further explanation: Emphasis is on understanding the strengths of forces between particles, not on naming specific intermolecular forces (such as dipole-dipole). Examples of particles could include ions, atoms, molecules, and networked materials (such as graphite). Examples of bulk properties of substances could include the melting point and boiling point, vapor pressure, and surface tension. Examples could consider why we salt roads in the winter, differences in melting points of water vs saltwater, the production of maple syrup or the strength of Maine minerals.

Planning and Carrying out Investigations, structure and properties of matter, types of interactions, patterns

HS-PS1-4 Develop a model to illustrate that the release or absorption of energy from a chemical reaction system depends on the changes in total bond energy.

Further explanation: Emphasis is on the idea that a chemical reaction is a system that affects the energy change. Examples of models could include molecular-level drawings and diagrams of reactions, graphs showing the relative energies of reactants and products, and representations showing energy is conserved.

Developing and Using Models, structure and properties of matter, Energy and Matter

HS-PS1-5 Apply scientific principles and evidence to provide an explanation about the effects of changing the temperature or concentration of the reacting particles on the rate at which a reaction occurs.

Further explanation: Emphasis is on student reasoning that focuses on the number and energy of collisions between molecules. Examples could include the varied rates of oxidation of metals in winter vs in summer or the rate of dissolution of calcium shells in the ocean due to an increase in carbon dioxide an increase in temperature from climate change.

Constructing Explanations and Designing Solutions, Chemical Reactions, patterns

HS-PS1-6 Refine the design of a chemical system by specifying a change in conditions that would produce increased amounts of products at equilibrium.

Further explanation: Emphasis is on the application of Le Chatelier’s Principle and on refining designs of chemical reaction systems, including descriptions of the connection between changes made at the macroscopic level and what happens at the molecular level. Examples of designs could include different ways to increase product formation including adding reactants or removing products. Other examples to consider include the Kraft paper making process, soap making or rock candy formation.

Constructing Explanations and Designing Solutions, structure and properties of matter, Chemical Reactions, Types of Interactions, Optimizing Design Solution patterns, cause and effect, scale, proportion, and quantity

HS-PS1-7 Use mathematical representations to support the claim that atoms, and therefore mass, are conserved during a chemical reaction.

Further explanation: Emphasis is on using mathematical ideas to communicate the proportional relationships between masses of atoms in the reactants and the products, and the translation of these relationships to the macroscopic scale using the mole as the conversion from the atomic to the macroscopic scale. Emphasis is on assessing students’ use of mathematical thinking and not on memorization and rote application of problem-solving techniques. Examples could include the proportion of ingredients combined in baked goods or the combustion of fuels.

Using Mathematics and Computational Thinking, Chemical Reactions, Energy and Matter

HS-PS1-8 Develop models to illustrate the changes in the composition of the nucleus of the atom and the energy released during the processes of fission, fusion, and radioactive decay.

Further explanation: Emphasis is on simple qualitative models, such as pictures or diagrams and on the scale of energy released in nuclear processes relative to other kinds of transformations. Examples could include radon gas in basements, thorium in white gas mantles or, historically, Wiscasset’s Maine Yankee nuclear power plant and Fukushima in Japan.

Developing and engineering practices, Nuclear Processes, patterns, cause and effect, scale, proportion, and quantity

Strand

Physical Science (PS)

Standard

PS2: Motion and Stability: Forces and Interactions

Childhood

Kindergarten

Grade 1

Grade 2

Performance Expectations

K-PS2-1 Plan and conduct an investigation to compare the effects of different strengths or different directions of pushes and pulls on the motion of an object.

Further explanation: Examples of pushes or pulls could include a string attached to an object being pulled, a person pushing an object, a person stopping a rolling ball, and two objects colliding and pushing on each other.

Planning and Carrying out Investigations, Forces and Motion, Types of Interactions, Relationship between Energy and Forces, Cause and Effect

K-PS2-2 Analyze data to determine if a design solution works as intended to change the speed or direction of an object with a push or a pull.

Further explanation: Examples of problems requiring a solution could include having a marble or other object move a certain distance, follow a particular path, and knock down other objects. Examples of solutions could include tools such as a ramp to increase the speed of the object and a structure that would cause an object such as a marble or ball to turn.

Analyzing and Interpreting Data, Forces and Motion, Defining Engineering Problems, Cause and Effect

Strand

Physical Science (PS)

Standard

PS2: Motion and Stability: Forces and Interactions

Childhood

Grade 3

Grade 4

Grade 5

Performance Expectations

3-PS2-1 Plan and conduct an investigation to provide evidence of the effects of balanced and unbalanced forces on the motion of an object.

Further Explanation: Examples could include an unbalanced force on one side of a ball can make it start moving and balanced forces pushing on a box from both sides will not produce any motion at all. Other examples can be found in a variety of Maine sports from ice skating, curling, skiing to sledding.

Planning and Carrying Out Investigations, Forces and Motion, Types of Interactions, Cause and Effect

3-PS2-2 Make observations and/or measurements of an object’s motion to provide evidence that a pattern can be used to predict future motion.

Further Explanation: Examples of motion with a predictable pattern could include a child swinging in a swing, a ball rolling back and forth in a bowl, and two children on a see-saw. Other examples include dropping down in a skate park, snowboarding pipes and telemark skiing (slowing down, turns, etc.).

Planning and Carrying out Investigations, Forces and Motion, Patterns

3-PS2-3 Ask questions to determine cause and effect relationships of electrical or magnetic interactions between two objects not in contact with each other.

Further Explanation: Examples of an electric force could include the force on hair from an electrically charged balloon and the electrical forces between a charged rod and pieces of paper; examples of a magnetic force could include the force between two permanent magnets, the force between an electromagnet and steel paperclips, and the force exerted by one magnet versus the force exerted by two magnets. Examples of cause and effect relationships could include how the distance between objects affects strength of the force and how the orientation of magnets affects the direction of the magnetic force.

Asking Questions and Defining Problems, Types of Interactions, Cause and Effect

3-PS2-4 Define a simple design problem that can be solved by applying scientific ideas about magnets.

Further Explanation: Examples of problems could include constructing a latch to keep a door shut and creating a device to keep two moving objects from touching each other. Other examples include a magnetic latch for a container or device (Apple and magnetic plug for charger).

Asking Questions and Defining Problems, Types of Interactions

5-PS2-1 Support an argument that the gravitational force exerted by Earth on objects is directed down.

Further Explanation: “Down” is a local description of the direction that points toward the center of the spherical Earth.

Engaging in Argument from Evidence, Types of Interactions, Cause and Effect

Strand

Physical Science (PS)

Standard

PS2: Motion and Stability: Forces and Interactions

Early Adolescence

Grades 6-8

Performance Expectations

MS-PS2-1 Apply Newton’s Third Law to design a solution to a problem involving the motion of two colliding objects.

Further explanation: Examples of practical problems could include the impact of collisions between two cars, between a car and stationary objects, and between a meteor and a space vehicle.

Constructing explanations and designing solutions; forces and motion; system and system models;

MS-PS2-2 Plan an investigation to provide evidence that the change in an object’s motion depends on the sum of the forces on the object and the mass of the object.

Further explanation: Emphasis is on balanced (Newton’s First Law) and unbalanced forces in a system, qualitative comparisons of forces, mass and changes in motion (Newton’s Second Law), frame of reference, and specification of units.

Plan and carry out investigations; forces and motion; stability and change;

MS-PS2-3 Ask questions about data to determine the factors that affect the strength of electrical and magnetic forces.

Further explanation: Examples of devices that use electrical and magnetic forces could include electromagnets, electric motors, or generators. Examples of data could include the effect of the number of turns of wire on the strength of an electromagnet, or the effect of increasing the number or strength of magnets on the speed of an electric motor. Possible explorations include the effects of living near high tension power lines, the similarities found in hydroelectric generators and wind turbines or the growing electric car market in Maine.

Asking questions and defining problems; types of interactions; cause and effect;

MS-PS2-4 Construct and present arguments using evidence to support the claim that gravitational interactions are attractive and depend on the masses of interacting objects.

Further explanation: Examples of evidence for arguments could include data generated from simulations or digital tools and charts displaying mass, strength of interaction, distance from the Sun, and orbital periods of objects within the solar system. Examples include the gravitational effects of the moon on Maine tides.

Engaging in argument from evidence; types of interactions; system and system models;

MS-PS2-5 Conduct an investigation and evaluate the experimental design to provide evidence that fields exist between objects exerting forces on each other even though the objects are not in contact.

Further explanation: Examples of this phenomenon could include the interactions of magnets, electrically-charged strips of tape, electrically-charged pith balls, and maglev trains. Examples of investigations could include first-hand experiences or simulations.

Plan and carry out investigations; types of interactions; cause and effect;

Strand

Physical Science (PS)

Standard

PS2: Motion and Stability: Forces and Interactions

Adolescence

Grades 9-Diploma

Performance Expectations

HS-PS2-1 Analyze data to support the claim that Newton’s second law of motion describes the mathematical relationship among the net force on a macroscopic object, its mass, and its acceleration.

Further explanation: Examples of data could include tables or graphs of position or velocity as a function of time for objects subject to a net unbalanced force, such as a falling object, an object rolling down a ramp, or moving object being pulled by a constant force. Examples could include the acceleration of a snowmobile in different gears (same mass with different forces creating different accelerations) or the comparison of gas mileage between a truck vs a truck hauling a boat (same acceleration with different masses).

Analyzing and Interpreting Data, Types of Interactions, Forces and Motion, Cause and Effect

HS-PS2-2 Use mathematical representations to support the claim that the total momentum of a system of objects is conserved when there is no net force on the system.

Further explanation: Emphasis is on the quantitative conservation of momentum in interactions and the qualitative meaning of this principle. Examples could include jumping off a boat or canoe and the total momenta of all the various pieces exploding from fireworks.

Using Mathematics and Computational Thinking, Forces and Motion, Systems and System Models

HS-PS2-3 Apply scientific and engineering ideas to design, evaluate, and refine a device that minimizes the force on a macroscopic object during a collision.

Further explanation: Examples of evaluation and refinement could include determining the success of a device at protecting an object from damage and modifying the design to improve it. Examples of a device could include a football helmet or a parachute. Examples could also include the barriers on the sides of NASCAR tracks, truck safety hills on the sides of highways, bike helmets or car bumpers.

Constructing Explanations and Designing Solutions, structure and properties of matter, Forces and Motion, Defining and Delimiting Engineering Problems, Optimizing the Design Solution, types of interactions, Cause and Effects

HS-PS2-4 Use mathematical representations of Newton’s Law of Gravitation and Coulomb’s Law to describe and predict the gravitational and electrostatic forces between objects.

Further explanation: Emphasis is on both quantitative and conceptual descriptions of gravitational and electrical fields.

Using Mathematics and Computational Thinking, Types of Interactions, Patterns

HS-PS2-5 Plan and conduct an investigation to provide evidence that an electric current can produce a magnetic field and that a changing magnetic field can produce an electric current.

Further explanation: Examples could include wind turbines or generators along with any DC motorized toy.

Planning and Carrying out an Investigation, Types of Interactions, Definitions of Energy, Cause and Effect

HS-PS2-6 Communicate scientific and technical information about why the molecular-level structure is important in the functioning of designed materials.

Further explanation: Emphasis is on the attractive and repulsive forces that determine the functioning of the material. Examples could include why electrically conductive materials are often made of metal, flexible but durable materials are made up of long chained molecules, and pharmaceuticals are designed to interact with specific receptors. Examples could also include composite material substitutes for wood and the structure of solar cells along with how they work.

Obtaining, Evaluating, and Communicating Information, Structure and Property of Matter, Types of Interactions, Structure and Function

Strand

Physical Science (PS)

Standard

PS3: Energy

Childhood

Kindergarten

Grade 1

Grade 2

Performance Expectations

K-PS3-1 Make observations to determine the effect of sunlight on Earth’s surface.

Further explanation: Examples of Earth’s surface could include sand, soil, rocks, and water. Potential Maine connections could also include beach sand in the sun vs. beach sand in the shade.

Planning and Carrying out Investigations, Conservation of Energy and Energy Transfer, Cause and Effect

K-PS3-2 Use tools and materials to design and build a structure that will reduce the warming effect of sunlight on an area.

Further explanation: Examples of structures could include umbrellas, canopies, and tents that minimize the warming effect of the sun.

Constructing Explanations and Designing Solutions, Conservation of Energy and Energy Transfer, Cause and Effect

Strand

Physical Science (PS)

Standard

PS3: Energy

Childhood

Grade 3

Grade 4

Grade 5

Performance Expectations

4-PS3-1 Use evidence to construct an explanation relating the speed of an object to the energy of that object.

Further Explanation: Examples include coasting on a bike down a hill or how bumping into someone or something when walking or running changes speed. Other examples include dropping into a skateboard bowl or off of a ramp.

Constructing Explanations and Designing Solutions, Definitions of Energy, Cause and Effect

4-PS3-2 Make observations to provide evidence that energy can be transferred from place to place by sound, light, heat, and electric currents.

Planning and Carrying out Investigations, Definitions of Energy, Conservation of Energy and Energy Transfer, Cause and Effect

4-PS3-3 Ask questions and predict outcomes about the changes in energy that occur when objects collide.

Further Explanation: Emphasis is on the changes in the energy due to the changes in speed, not on the forces, as objects interact. These changes can be observed in playing pool or marbles.

Asking Questions and Defining Problems, Definitions of Energy, Conservation of Energy and Energy Transfer, Relationship between Energy and Forces, Cause and Effect

4-PS3-4 Apply scientific ideas to design, test, and refine a device that converts energy from one form to another.

Further Explanation: Examples of devices could include electric circuits that convert electrical energy into motion energy of a vehicle, light, or sound and a passive solar heater that converts light into heat. Such devices can be used to make s’mores or to turn on a small light when camping in the Maine woods. Examples of constraints could include the materials, cost, or time to design the device.

Constructing Explanations and Designing Solutions, Natural Hazards, Conservation of Energy and Energy Transfer, Energy in Chemical Processes, Defining Engineering Problems, Cause and Effect

5-PS3-1 Use models to describe that energy in animals’ food (used for body repair, growth, and motion, and to maintain body warmth) was once energy from the sun.

Further Explanation: Examples of models could include diagrams, and flow charts.

Developing and Using Models, Energy in Chemical Processes and Everyday Life, Organization for Matter and Energy Flow in Organisms, Energy and Matter

Strand

Physical Science (PS)

Standard

PS3: Energy

Early Adolescence

Grades 6-8

Performance Expectations

MS-PS3-1 Construct and interpret graphical displays of data to describe the relationships of kinetic energy to the mass of an object and to the speed of an object.

Further explanation: Emphasis is on descriptive relationships between kinetic energy and mass separately from kinetic energy and speed. Examples could include riding a bicycle at different speeds, rolling different sizes of rocks downhill, and getting hit by a whiffle ball versus a tennis ball. Consider different sized skiers or different vehicles from pulp trucks to personal cars.

Analyzing and interpreting data; definitions of energy; scale, proportion, and quantity

MS-PS3-2 Develop a model to describe that when the arrangement of objects interacting at a distance changes, different amounts of potential energy are stored in the system.

Further explanation: Emphasis is on relative amounts of potential energy, not on calculations of potential energy. Examples of objects within systems interacting at varying distances could include the Earth and either a roller coaster cart at varying positions on a hill or objects at varying heights on shelves, changing the direction/orientation of a magnet, and a balloon with static electrical charge being brought closer to a classmate’s hair. Examples of models could include representations, diagrams, pictures, and written descriptions of systems.

Developing and using models; definitions of energy; relationship between energy and forces; system and system models

MS-PS3-3 Apply scientific principles to design, construct, and test a device that either minimizes or maximizes thermal energy transfer.

Further explanation: Examples of devices could include an insulated box, a solar cooker, and a Styrofoam cup. Possible explorations could include insulating outerwear and clothing for winter sports or emergency shelters designed for Maine winters.

Constructing explanations and designing solutions; definitions of energy; conservation of energy and energy transfer; defining and delimiting an engineering problem; developing possible solutions; energy and matter

MS-PS3-4 Plan an investigation to determine the relationships among the energy transferred, the type of matter, the mass, and the change in the average kinetic energy of the particles as measured by the temperature of the sample.

Further explanation: Examples of experiments could include comparing final water temperatures after different masses of ice melted in the same volume of water with the same initial temperature, the temperature change of samples of different materials with the same mass as they cool or heat in the environment, or the same material with different masses when a specific amount of energy is added.

Planning and carrying out investigations, Definitions of energy; conservation of energy and energy transfer; scale, proportion, and quantity

MS-PS3-5 Construct, use, and present arguments to support the claim that when the kinetic energy of an object changes, energy is transferred to or from the object.

Further explanation: Examples of empirical evidence used in arguments could include an inventory or other representation of the energy before and after the transfer in the form of temperature changes or motion of an object.

Engaging in argument from evidence; conservation of energy and energy transfer; energy and matter

Strand

Physical Science (PS)

Standard

PS3: Energy

Adolescence

Grades 9-Diploma

Performance Expectations

HS-PS3-1 Create a computational model to calculate the change in the energy of one component in a system when the change in energy of the other component(s) and energy flows in and out of the system are known.

Further explanation: Emphasis is on explaining the meaning of mathematical expressions used in the model. Examples could include wind turbines, hydroelectric or tidal power. Further examples could be found in FunTown USA roller coasters or any sport (e.g. why a hockey puck changes motion, a baseball being hit, etc.).

Using Mathematics and Computational Thinking, Definitions of Energy, Conservation of Energy and Energy Transfer, Systems and System Models

HS-PS3-2 Develop and use models to illustrate that energy at the macroscopic scale can be accounted for as a combination of energy associated with the motions of particles (objects) and energy associated with the relative position of particles (objects).

Further explanation: Examples of phenomena at the macroscopic scale could include the conversion of kinetic energy to thermal energy, the energy stored due to position of an object above the earth, and the energy stored between two electrically-charged plates. Examples of models could include diagrams, drawings, descriptions, and computer simulations.

Developing and Using Models, Definitions of Energy, Energy and Matter

HS-PS3-3 Design, build, and refine a device that works within given constraints to convert one form of energy into another form of energy.

Further explanation: Emphasis is on both qualitative and quantitative evaluations of devices. Examples of devices could include Rube Goldberg devices, wind turbines, solar cells, solar ovens, and generators. Examples of constraints could include use of renewable energy forms and efficiency. Consider the Wind Blade Challenge or use of a solar oven when camping.

Constructing Explanations and Designing Solutions, Definitions of Energy, Defining and Delimiting Engineering Problems, Energy and Matter

HS-PS3-4 Plan and conduct an investigation to provide evidence that the transfer of thermal energy when two components of different temperature are combined within a closed system results in a more uniform energy distribution among the components in the system (second law of thermodynamics).

Further explanation: Emphasis is on analyzing data from student investigations and using mathematical thinking to describe the energy changes both quantitatively and conceptually. Examples of investigations could include mixing liquids at different initial temperatures or adding objects at different temperatures to water. Other examples can be found in heat pumps for radiant heat systems, insulation (to prevent heat transfer) or the use of hot rocks to warm a tent when camping.

Planning and Carrying out an Investigation, Conservation of Energy and Energy Transfer, Energy in Chemical Processes, Systems and System Models

HS-PS3-5 Develop and use a model of two objects interacting through electrical or magnetic fields to illustrate the forces between objects and the changes in energy of the objects due to the interaction.

Further explanation: Examples of models could include drawings, diagrams, and texts, such as drawings of what happens when two charges of opposite polarity are near each other.

Developing and Using Models, Relationship between Energy and Forces, Cause and Effect

Strand

Physical Science (PS)

Standard

PS4: Waves and Their Applications in Technologies for Information Transfer

Childhood

Kindergarten

Grade 1

Grade 2

Performance Expectations

1-PS4-1 Plan and conduct investigations to provide evidence that vibrating materials can make sound and that sound can make materials vibrate.

Further explanation: Examples of vibrating materials that make sound could include tuning forks and plucking a stretched string. Examples of how sound can make matter vibrate could include holding a piece of paper near a speaker making sound and holding an object near a vibrating tuning fork.

Planning and Carrying Out Investigations, Wave Properties, Cause and Effect

1-PS4-2 Make observations to construct an evidence-based account that objects can be seen only when illuminated.

Further explanation: Examples of observations could include those made in a completely dark room, a pinhole box, and a video of a cave explorer (in Acadia National Park) with a flashlight. Illumination could be from an external light source or by an object giving off its own light.

Constructing Explanations and Designing Solutions, Electromagnetic Radiation, Cause and Effect

1-PS4-3 Plan and conduct an investigation to determine the effect of placing objects made with different materials in the path of a beam of light.

Further explanation: Examples of materials could include those that are transparent (such as clear plastic), translucent (such as wax paper), opaque (such as cardboard), and reflective (such as a mirror).

Planning and Carrying out Investigations, Electromagnetic Radiation, Cause and Effect

1-PS4-4 Use tools and materials to design and build a device that uses light or sound to solve the problem of communicating over a distance.

Further explanation: Examples of devices could include a light source to send signals, paper cup and string “telephones,” and a pattern of drum beats.

Constructing Explanations and Designing Solutions, Information Technologies and Instrumentation

Strand

Physical Science (PS)

Standard

PS4: Waves and Their Applications in Technologies for Information Transfer

Childhood

Grade 3

Grade 4

Grade 5

Performance Expectations

4-PS4-1 Develop a model of waves to describe patterns in terms of amplitude and wavelength and that waves can cause objects to move.

Further Explanation: Examples of models could include diagrams, analogies, and physical models using wire to illustrate wavelength and amplitude of waves. Use an oscilloscope app to illustrate the patterns in an animal call or musical instrument and engineer a pattern to mimic the call.

Developing and Using Models, Wave Properties, Patterns

4-PS4-2 Develop a model to describe that light reflecting from objects and entering the eye allows objects to be seen.

Further Explanation: Examples of Maine animal eyes at night such as coyotes, deer and foxes reflecting light from their retinas.

Developing and Using Models, Electromagnetic Radiation, Patterns

4-PS4-3 Generate and compare multiple solutions that use patterns to transfer information.

Further Explanation: Examples of solutions could include drums sending coded information through sound waves, using a grid of 1’s and 0’s representing black and white to send information about a picture, and using Morse code to send text or introduce basic computer code.

Constructing Explanations and Designing Solutions, Information Technologies and Instrumentation, Optimizing the Design Solution, Patterns

Strand

Physical Science (PS)

Standard

PS4: Waves and Their Applications in Technologies for Information Transfer

Early Adolescence

Grades 6-8

Performance Expectations

MS-PS4-1 Use mathematical representations to describe a simple model for waves that includes how the amplitude of a wave is related to the energy in a wave.

Further explanation: Emphasis is on describing waves with both qualitative and quantitative thinking. Possibilities for exploration might include coastal wave erosion, effects of the wind turbines/farms on the air flow patterns and harmonics.

Using mathematics and computational thinking; Obtaining, evaluating, and communicating information; wave properties; patterns

MS-PS4-2 Develop and use a model to describe that waves are reflected, absorbed, or transmitted through various materials.

Further explanation: Emphasis is on both light and mechanical waves. Examples of models could include drawings, simulations, and written descriptions. Possibilities for explorations might include Maine’s geographic location for utilizing solar power, power generation from ocean waves, possibility for extended farming seasons with artificial lighting.

Developing and using models; wave properties; electromagnetic radiation; structure and function

MS-PS4-3 Integrate qualitative scientific and technical information to support the claim that digitized signals are a more reliable way to encode and transmit information than analog signals.

Further explanation: Emphasis is on a basic understanding that waves can be used for communication purposes. Examples could include using fiber optic cable to transmit light pulses, radio wave pulses in Wi-Fi devices, and conversion of stored binary patterns to make sound or text on a computer screen.

Obtaining, evaluating, and communicating information; information technologies and instrumentation; structure and function

Strand

Physical Science (PS)

Standard

PS4: Waves and Their Applications in Technologies for Information Transfer

Adolescence

Grades 9-Diploma

Performance Expectations

HS-PS4-1 Use mathematical representations to support a claim regarding relationships among the frequency, wavelength, and speed of waves traveling in various media.

Further explanation: Examples of data could include electromagnetic radiation traveling in a vacuum and glass, sound waves traveling through air and water, and seismic waves traveling through the Earth. Examples include rainbows and how to aim when spearfishing.

Using Mathematics and Computational Thinking, Wave Properties, Cause and Effect

HS-PS4-2 Evaluate questions about the advantages of using a digital transmission and storage of information.

Further explanation: Examples of advantages could include that digital information is stable because it can be stored reliably in computer memory, transferred easily, and copied and shared rapidly. Disadvantages could include issues of easy deletion, security, and theft.

Asking Questions and Defining Problems, Wave Properties, Stability and Change

HS-PS4-3 Evaluate the claims, evidence, and reasoning behind the idea that electromagnetic radiation can be described either by a wave model or a particle model, and that for some situations one model is more useful than the other.

Further explanation: Emphasis is on how the experimental evidence supports the claim and how a theory is generally modified in light of new evidence. Examples of a phenomenon could include resonance, interference, diffraction, and photoelectric effect.

Engaging in Argument from Evidence, Wave Properties, Systems and System Models

HS-PS4-4 Evaluate the validity and reliability of claims in published materials of the effects that different frequencies of electromagnetic radiation have when absorbed by matter.

Further explanation: Emphasis is on the idea that photons associated with different frequencies of light have different energies, and the damage to living tissue from electromagnetic radiation depends on the energy of the radiation. Examples of published materials could include trade books, magazines, web resources, videos, and other passages that may reflect bias. Arguments around evidence could be made for dangers of cell phone usage or living near high voltage power lines.

Obtaining, Evaluating, and Communicating Information, Electromagnetic Radiation, Cause and Effect

HS-PS4-5 Communicate technical information about how some technological devices use the principles of wave behavior and wave interactions with matter to transmit and capture information and energy.

Further explanation: Examples could include solar cells capturing light and converting it to electricity; medical imaging; and communications technology.

Obtaining, Evaluating, and Communicating Information, Wave Properties, Electromagnetic Radiation, Information Technologies and Instrumentation, Cause and Effect

Strand

Life Sciences (LS)

Standard

LS1: From Molecules to Organisms: Structures and Processes

Childhood

Kindergarten

Grade 1

Grade 2

Performance Expectations

K-LS1-1 Use observations to describe patterns of what plants and animals (including humans) need to survive.

Further explanation: Examples of patterns could include that animals need to take in food but plants do not, the different kinds of food needed by different types of animals, the requirement of plants to have light, and that all living things need water. Examples could include the pattern a bear makes when preparing to hibernate for winter, the seasonal patterns of trees losing and/or keeping their leaves.

Analyzing and Interpreting Data, Organization for Matter and Energy Flow in Organisms, Patterns

1-LS1-1 Use materials to design a solution to a human problem by mimicking how plants and/or animals use their external parts to help them survive, grow, and meet their needs.

Further explanation: Examples of human problems that can be solved by mimicking plant or animal solutions could include designing clothing or equipment to protect bicyclists by mimicking turtle shells, acorn shells, and animal scales; stabilizing structures by mimicking animal tails and roots on plants; keeping out intruders by mimicking thorns on branches and animal quills; waterproofing boots, jackets, gloves thereby mimicking animal feathers and, detecting intruders by mimicking eyes and ears.

Constructing Explanations and Designing Solutions, Structure and Function, Information Processing, Structure and Function

1-LS1-2 Read texts and use media to determine patterns in behavior of parents and offspring that help offspring survive.

Further explanation: Examples of patterns of behaviors could include the signals that offspring make (such as crying, cheeping, and other vocalizations) and the responses of the parents (such as feeding, comforting, and protecting the offspring). Potential Maine connections include Maine animal sounds to signal their offspring (e.g. loons, moose, deer, coyotes, etc.) and how animals, especially birds, bring back food for their young.

Obtaining, Evaluating, and Communicating Information, Growth and Development of Organisms, Patterns

Strand

Life Sciences (LS)

Standard

LS1: From Molecules to Organisms: Structures and Processes

Childhood

Grade 3

Grade 4

Grade 5

Performance Expectations

3-LS1-1 Develop models to describe that organisms have unique and diverse life cycles but all have in common birth, growth, reproduction, and death.

Further Explanation: Changes organisms go through during their life form a pattern. Potential Maine connections include frogs in vernal pools, Atlantic salmon life cycle and gestation vs. metamorphosis.

Developing and Using Models, Growth and Development of Organisms, Patterns

4-LS1-1 Construct an argument that plants and animals have internal and external structures that function to support survival, growth, behavior, and reproduction.

Further Explanation: Examples of structures could include thorns, stems, roots, colored petals, heart, stomach, lung, brain, and skin found in Maine plants and animals.

Engaging in Argument from Evidence, Structure and Function, Systems and System Models

4-LS1-2 Use a model to describe that animals receive different types of information through their senses, process the information in their brain, and respond to the information in different ways.

Further Explanation: Emphasis is on systems of information transfer.

Engaging in Argument from Evidence, Information Processing, Systems and System Models

5-LS1-1 Support an argument that plants get the materials they need for growth chiefly from air and water.

Further Explanation: Emphasis is on the idea that plant matter comes mostly from air and water, not from the soil. Investigate Maine plants.

Engaging in Argument from Evidence, Organization for Matter and Energy Flow in Organisms, Energy and Matter

Strand

Life Sciences (LS)

Standard

LS1: From Molecules to Organisms: Structures and Processes

Early Adolescence

Grades 6-8

Performance Expectations

MS-LS1-1 Conduct an investigation to provide evidence that living things are made of cells; either one cell or many different numbers and types of cells.

Further explanation: Emphasis is on developing evidence that living things are made of cells, distinguishing between living and non-living things, and understanding that living things may be made of one cell or many and varied cells.

Planning and carrying out investigations; structure and function; scale, proportion, and quantity

MS-LS1-2 Develop and use a model to describe the function of a cell as a whole and ways the parts of cells contribute to the function.

Further explanation: Emphasis is on the cell functioning as a whole system and the primary role of identified parts of the cell, specifically the nucleus, chloroplasts, mitochondria, cell membrane, and cell wall.

Developing and using models; structure and function; structure and function

MS-LS1-3 Use argument supported by evidence for how the body is a system of interacting sub-systems composed of groups of cells.

Further explanation: Emphasis is on conceptual understanding that cells form tissues and tissues form organs specialized for particular body functions. Examples could include the interaction of sub-systems within a system and the normal functioning of those systems.

Engaging in argument from evidence; structure and function; system and system models

MS-LS1-4 Use argument based on empirical evidence and scientific reasoning to support an explanation for how characteristic animal behaviors and specialized plant structures affect the probability of successful reproduction of animals and plants, respectively.

Further explanation: Examples of behaviors that affect the probability of animal reproduction could include nest building to protect young from cold, herding of animals to protect young from predators, and vocalization of animals and colorful plumage to attract mates for breeding. Examples of animal behaviors that affect the probability of plant reproduction could include transferring pollen or seeds and creating conditions for seed germination and growth. Examples of plant structures could include bright flowers attracting butterflies that transfer pollen, flower nectar and odors that attract insects that transfer pollen, and hard shells on nuts that squirrels bury. Potential Maine connections could include herding of white-tail deer and caribou, vocalizations of moose and cardinals, and keystone species such as those on the coast (e.g. harbor seals and sea stars).

MS-LS1-5 Construct a scientific explanation based on evidence for how environmental and genetic factors influence the growth of organisms.

Further explanation: Examples of local environmental conditions could include availability of food, light, space, and water. Examples of genetic factors could include large breed cattle and species of grass affecting the growth of organisms. Examples of evidence could include drought decreasing plant growth, fertilizer increasing plant growth, different varieties of plant seeds growing at different rates in different conditions, and fish growing larger in large ponds than in small ponds. Examples could include winter and cold temperatures, hibernation (e.g. black bear), and the migration of hummingbirds and Canada geese.

Constructing explanations and designing solutions; growth and development of organisms; cause and effect

MS-LS1-6 Construct a scientific explanation based on evidence for the role of photosynthesis in the cycling of matter and flow of energy into and out of organisms.

Further explanation: Emphasis is on tracing movement of matter and flow of energy.

Constructing explanations and designing solutions; organization for matter and energy flow in organisms; energy in chemical processes and everyday life; energy and matter

MS-LS1-7 Develop a model to describe how food is rearranged through chemical reactions forming new molecules that support growth and/or release energy as this matter moves through an organism.

Further explanation: Emphasis is on describing that molecules are broken apart and put back together and that in this process energy is released.

Developing and using models; organization for matter and energy flow in organisms; energy in chemical processes and everyday life; energy and matter

MS-LS1-8 Gather and synthesize information that sensory receptors respond to stimuli by sending messages to the brain for immediate behavior or storage as memories.

Obtaining, evaluating, and communicating information; information processing; cause and effect

Strand

Life Sciences (LS)

Standard

LS1: From Molecules to Organisms: Structures and Processes

Adolescence

Grades 9-Diploma

Performance Expectations

HS-LS1-1 Construct an explanation based on evidence for how the structure of DNA determines the structure of proteins which carry out the essential functions of life through systems of specialized cells.

Further explanation: Emphasis is on protein synthesis from DNA to codon to amino acid sequence.

Constructing Explanations and Designing Solutions, Structure and Function, Structure and Function

HS-LS1-2 Develop and use a model to illustrate the hierarchical organization of interacting systems that provide specific functions within multicellular organisms.

Further explanation: Emphasis is on functions at the organism system level such as nutrient uptake, water delivery, and organism movement in response to neural stimuli. An example of an interacting system could be an artery depending on the proper function of elastic tissue and smooth muscle to regulate and deliver the proper amount of blood within the circulatory system. Another example could be the water and nutrient intake in soft shell clams.

Developing and Using Models, Structure and Function, Systems and System Models

HS-LS1-3 Plan and conduct an investigation to provide evidence that feedback mechanisms maintain homeostasis.

Further explanation: Examples of investigations could include heart rate response to exercise, stomate response to moisture and temperature, and root development in response to water levels. Another example is commonly observed in the daphnia heart rate response to changes in temperature, caffeine, alcohol, or nicotine.

Planning and Carrying out Investigations, Structure and Function, Stability and Change

HS-LS1-4 Use a model to illustrate the role of cellular division (mitosis) and differentiation in producing and maintaining complex organisms.

Developing and Using Models, Growth and Development of Organisms, Systems and System Models

HS-LS1-5 Use a model to illustrate how photosynthesis transforms light energy into stored chemical energy.

Further explanation: Emphasis is on illustrating inputs and outputs of matter and the transfer and transformation of energy in photosynthesis by plants and other photosynthesizing organisms. Examples of models could include diagrams, chemical equations, and conceptual models. Models may focus on Maine based economy of photosynthetic organisms such as seaweeds, potatoes and pine trees.

Developing and Using Models, Organization for Matter and Energy flow in Organisms, Energy and Matter

HS-LS1-6 Construct and revise an explanation based on evidence for how carbon, hydrogen, and oxygen from sugar molecules may combine with other elements to form amino acids and/or other large carbon-based molecules.

Further explanation: Emphasis is on using evidence from models and simulations to support explanations.

Constructing Explanations and Designing Solutions, Organization for Matter and energy Flow in Organisms, Energy and Matter

HS-LS1-7 Use a model to illustrate that cellular respiration is a chemical process whereby the bonds of food molecules and oxygen molecules are broken and the bonds in new compounds are formed, resulting in a net transfer of energy.

Further explanation: Emphasis is on the conceptual understanding of the inputs and outputs of the process of cellular respiration. An example could be a moose eating a lily pad, the lily pad producing energy for the moose and the breathing of oxygen by the moose to enable the process of cellular respiration.

Developing and Using Models, Organization for Matter and Energy Flow in Organisms, Energy and Matter

Strand

Life Sciences (LS)

Standard

LS2: Ecosystems: Interactions, Energy, and Dynamics

Childhood

Kindergarten

Grade 1

Grade 2

Performance Expectations

2-LS2-1 Plan and conduct an investigation to determine if plants need sunlight and water to grow.

Planning and Carrying out Investigations, Interdependent Relationships in Ecosystems, Cause and Effect

2-LS2-2 Develop a simple model that mimics the function of an animal in dispersing seeds or pollinating plants.

Further explanation: Examples of animals or insects that pollinate plants or disperse seeds could include bees, hummingbirds or bats. An example of a model could be using Velcro to show how seeds of burdocks are spread.

Developing and Using Models, Interdependent Relationships in Ecosystems, Developing Possible Solutions, Structure and Function

Strand

Life Sciences (LS)

Standard

LS2: Ecosystems: Interactions, Energy, and Dynamics

Childhood

Grade 3

Grade 4

Grade 5

Performance Expectations

3-LS2-1 Construct an argument that some animals form groups that help members survive.

Further explanation: Maine animals that form groups such as coyotes, deer herds, turkeys, bees, moose, salmon and alewives migration.

Engaging in Argument from Evidence, Social Interactions and Group Behaviors, Cause and Effect

5-LS2-1 Develop a model to describe the movement of matter among plants, animals, decomposers, and the environment.

Further Explanation: Emphasis is on the idea that matter that is not food (air, water, decomposed materials in soil) is changed by plants into matter that is food. Examples of systems could include organisms, ecosystems, and the Earth. Utilize Maine or Atlantic plants and animals to develop a model of a food chain or web.

Developing and Using Models, Interdependent Relationships in Ecosystems, Cycles of Matter and Energy Transfer, Systems and System Models

Strand

Life Sciences (LS)

Standard

LS2: Ecosystems: Interactions, Energy, and Dynamics

Early Adolescence

Grades 6-8

Performance Expectations

MS-LS2-1 Analyze and interpret data to provide evidence for the effects of resource availability on organisms and populations of organisms in an ecosystem.

Further explanation: Emphasis is on cause and effect relationships between resources and the growth of individual organisms and the numbers of organisms in ecosystems during periods of abundant and scarce resources.

Analyzing and interpreting data; interdependent relationships in ecosystems; cause and effect

MS-LS2-2 Construct an explanation that predicts patterns of interactions among organisms across multiple ecosystems.

Further explanation: Emphasis is on predicting consistent patterns of interactions in different ecosystems in terms of the relationships among and between organisms and abiotic components of ecosystems. Examples of types of interactions could include competitive, predatory, and mutually beneficial. Potential Maine connections include predation: coyotes and house cats with smaller prey or white tail deer and wolves; mutualism in the union of algae and fungus to form lichen; parasitism in deer ticks on dogs; and commensalism when barnacles attach to minke whales or a grey squirrel makes a nest in a red oak tree.

Constructing explanations and designing solutions; interdependent relationships in ecosystems; patterns

MS-LS2-3 Develop a model to describe the cycling of matter and flow of energy among living and nonliving parts of an ecosystem.

Further explanation: Emphasis is on describing the conservation of matter and flow of energy into and out of various ecosystems and on defining the boundaries of the system. Explore the reason behind burning blueberry fields biennially and the cycling of matter.

Developing and using models; cycle of matter and energy transfer in ecosystems; energy and matter

MS-LS2-4 Construct an argument supported by empirical evidence that changes to physical or biological components of an ecosystem affect populations.

Further explanation: Emphasis is on recognizing patterns in data and making warranted inferences about changes in populations and on evaluating empirical evidence supporting arguments about changes to ecosystems. Examples include the introduction of invasive species like the green crab or knotweed and their impact on native species. Explore the impacts of farming, urban sprawl and pollution.

Engaging in argument from evidence; ecosystem dynamics, functioning, and resilience; stability and change

MS-LS2-5 Evaluate competing design solutions for maintaining biodiversity and ecosystem services.

Further explanation: Examples of ecosystem services could include water purification, nutrient recycling, and prevention of soil erosion. Examples of design solution constraints could include scientific, economic, and social considerations. Consider the balance of conservation with the logging of forests or with the lobster and blueberry industries.

Engaging in argument from evidence; ecosystem dynamics, functioning, and resilience; biodiversity and humans; developing possible solutions; stability and change

Strand

Life Sciences (LS)

Standard

LS2: Ecosystems: Interactions, Energy, and Dynamics

Adolescence

Grades 9-Diploma

Performance Expectations

HS-LS2-1 Use mathematical and/or computational representations to support explanations of factors that affect carrying capacity of ecosystems at different scales.

Further Explanation: Emphasis is on quantitative analysis and comparison of the relationships among interdependent factors including boundaries, resources, climate, and competition. Examples of mathematical comparisons could include graphs, charts, histograms, and population changes gathered from simulations or historical data sets. Examples could include a look at historical data of the population of a species that has moved north into Maine, such as opossum, and how it has changed as the climate in Maine has changed. Observe data of the populations of harbor seals and the effect that a hunting ban has had on their population and the resulting increase in the number of large predatory sharks in the Gulf of Maine.

Using Mathematics and Computational Thinking, Interdependent Relationships in Ecosystems, Scale, Proportion, and Quantity

HS-LS2-2 Use mathematical representations to support and revise explanations based on evidence about factors affecting biodiversity and populations in ecosystems of different scales.

Further explanation: Examples of mathematical representations include finding the average, determining trends, and using graphical comparisons of multiple sets of data. Examples could include a graphical analysis of historical data on the population of trout and/or landlocked salmon before and after the introduction of bass into Moosehead Lake. Or data on a variety of populations (biodiversity) affected by dredging for sea scallops.

Using Mathematics and Computational Thinking, Interdependent Relationships in Ecosystems, Scale, Proportion, and Quantity

HS-LS2-3 Construct and revise an explanation based on evidence for the cycling of matter and flow of energy in aerobic and anaerobic conditions.

Further explanation: Emphasis is on conceptual understanding of the role of aerobic and anaerobic respiration in different environments. An example could include a classroom lab activity around a Winogradsky Column with groups changing a variable such as temperature or light. Additional examples could look at the fermentation processes when blue-green algae is grown in aerobic and anaerobic environments.

Constructing Explanations and Designing Solutions, Cycles of Matter and Energy Transfer in Ecosystems, Energy and Matter

HS-LS2-4 Use mathematical representations to support claims for the cycling of matter and flow of energy among organisms in an ecosystem.

Further Explanation: Emphasis is on using a mathematical model of stored energy in biomass to describe the transfer of energy from one trophic level to another and that matter and energy are conserved as matter cycles and energy flows through ecosystems. Emphasis is on atoms and molecules such as carbon, oxygen, hydrogen and nitrogen being conserved as they move through an ecosystem. An example could include an illustration of a food pyramid students may find in Maine (e.g. seaweed 🡪 snail 🡪 fish 🡪 shark, or grass 🡪 insects 🡪 turkeys 🡪 foxes).

Using Mathematics and Computational Thinking, Cycles of Matter and Energy Transfer in Ecosystems, Energy and Matter

HS-LS2-5 Develop a model to illustrate the role of photosynthesis and cellular respiration in the cycling of carbon among the biosphere, atmosphere, hydrosphere, and geosphere.

Further explanation: Examples of models could include simulations and mathematical models. Models may include multi-media illustration of the carbon cycle to include a Maine ecosystem they are familiar with such as pond, seaside, farm, forest, etc.

Developing and Using Models, Cycles of Matter and Energy Transfer, Energy in Chemical Processes, Systems and System Models

HS-LS2-6 Evaluate the claims, evidence, and reasoning that the complex interactions in ecosystems maintain relatively consistent numbers and types of organisms in stable conditions, but changing conditions may result in a new ecosystem.

Further explanation: Examples of changes in ecosystem conditions could include modest biological or physical changes, such as moderate hunting or a seasonal flood; and extreme changes, such as volcanic eruption or sea level rise. Examples could include how the number of moose hunting licenses impacts other populations or how fishing limits or shortened seasons decreases the catch of many fish species and the effects on ground fish or smaller fish.

Engaging in Argument from Evidence, Ecosystem Dynamics, Functioning, and Resilience, Stability and Change

HS-LS2-7 Design, evaluate, and refine a solution for reducing the impacts of human activities on the environment and biodiversity.

Further explanation: Examples of human activities can include urbanization, building dams, and dissemination of invasive species. Potential Maine connections include the effects of: salting the roads in winter, introducing green crabs into coastal waters, introducing invasive species into Maine lakes, or examining historical data on water pollution in the Androscoggin during the height of mill activity, closing of mills and legislation on water quality.

Constructing Explanations and Designing Solutions, Ecosystem Dynamics, Functioning, and Resilience, Biodiversity and Humans, Developing Possible Solutions, Stability and Change

HS-LS2-8 Evaluate the evidence for the role of group behavior on individual and species’ chances to survive and reproduce.

Further explanation: Emphasis is on: (1) distinguishing between group and individual behavior, (2) identifying evidence supporting the outcomes of group behavior, and (3) developing logical and reasonable arguments based on evidence. Examples of group behaviors could include flocking, schooling, herding, and cooperative behaviors such as hunting, migrating, and swarming. Examples could include turkeys flocking to evade hunters or Canada geese migrating to and through Maine for breeding purposes.

Engaging in Argument from Evidence, Social Interactions and Group Behavior, Cause and Effect

Strand

Life Sciences (LS)

Standard

LS3 Heredity: Inheritance and Variation of Traits

Childhood

Kindergarten

Grade 1

Grade 2

Performance Expectations

1-LS3-1 Make observations to construct an evidence-based account that young plants and animals are like, but not exactly like, their parents.

Further explanation: Examples of patterns could include features that plants or animals share. Examples of observations could include that leaves from the same kind of plant are the same shape but can differ in size and that a particular breed of dog looks like its parents but is not exactly the same.

Constructing Explanations and Designing Solutions, Inheritance of Traits, Variation of Traits, Patterns

Strand

Life Sciences (LS)

Standard

LS3 Heredity: Inheritance and Variation of Traits

Childhood

Grade 3

Grade 4

Grade 5

Performance Expectations

3-LS3-1 Analyze and interpret data to provide evidence that plants and animals have traits inherited from parents and that variation of these traits exists in a group of similar organisms.

Further Explanation: Patterns are the similarities and differences in traits shared between offspring and their parents, or among siblings. Emphasis is on organisms other than humans, such as lupins, apples or garden plants.

Analyzing and Interpreting Data, Inheritance of Traits, Variation of Traits, Patterns

3-LS3-2 Use evidence to support the explanation that traits can be influenced by the environment.

Further Explanation: Examples of the environment affecting a trait could include normally tall plants grown with insufficient water are stunted; and, a pet dog that is given too much food and little exercise may become overweight. In addition, hydrangea grown under higher acidic conditions will cause the petals to turn blue.

Constructing Explanations an Designing Solutions, Inheritance of Traits, Variation of Traits, Cause and Effect

Strand

Life Sciences (LS)

Standard

LS3 Heredity: Inheritance and Variation of Traits

Early Adolescence

Grades 6-8

Performance Expectations

MS-LS3-1 Develop and use a model to describe why structural changes to genes (mutations) located on chromosomes may affect proteins and may result in harmful, beneficial, or neutral effects to the structure and function of an organism.

Further explanation: Emphasis is on conceptual understanding that changes in genetic material may result in making different proteins.

Developing and using models; inheritance of traits; variation of traits; structure and function

MS-LS3-2 Develop and use a model to describe why asexual reproduction results in offspring with identical genetic information and sexual reproduction results in offspring with genetic variation.

Further explanation: Emphasis is on using models such as Punnett squares, diagrams, and simulations to describe the cause and effect relationship of gene transmission from parent(s) to offspring and the resulting genetic variation. Connections can be made to Maine agricultural crops, i.e. strawberries, blueberries, and potatoes.

Developing and using models; growth and development of organisms; inheritance of traits; variation of traits; cause and effect

Strand

Life Sciences (LS)

Standard

LS3 Heredity: Inheritance and Variation of Traits

Adolescence

Grades 9-Diploma

Performance Expectations

HS-LS3-1 Ask questions to clarify relationships about the role of DNA and chromosomes in coding the instructions for characteristic traits passed from parents to offspring

Further explanation: Emphasis is on the asking of clarifying questions about the general principles of genetics. An example is how cystic fibrosis (one of the most common autosomal recessive inherited diseases in Maine) is passed from parents to child.

Asking Questions and Defining Problems, Structure and Function, Inheritance of Traits, Cause and Effect

HS-LS3-2 Make and defend a claim based on evidence that inheritable genetic variations may result from: (1) new genetic combinations through meiosis, (2) viable errors occurring during replication, and/or (3) mutations caused by environmental factors.

Further explanation: Emphasis is on using data to support arguments for the way variation occurs. Provide data on specific mutations caused by environmental factors.

Engaging in Argument from Evidence, Variation of Traits, Cause and Effect

HS-LS3-3 Apply concepts of statistics and probability to explain the variation and distribution of expressed traits in a population.

Further explanation: Emphasis is on the use of mathematics to describe the probability of traits as it relates to genetic and environmental factors in the expression of traits. An example would be the population of red fox in Maine and the incidences of the red allele vs. the sable allele.

Analyzing and Interpreting Data, Variation of Traits, Scale, Proportion, and Quantity

Strand

Life Sciences (LS)

Standard

LS4 Biological Evolution: Unity and Diversity

Childhood

Kindergarten

Grade 1

Grade 2

Performance Expectations

2-LS4-1 Make observations of plants and animals to compare the diversity of life in different habitats.

Further Explanation: Emphasis is on the diversity of living things in each of a variety of different habitats. Potential Maine connections include Maine habitats (e.g. ocean, lake/pond, mountains, forests, cities, etc.)

Planning and Carrying out Investigations, Biodiversity in Humans

Strand

Life Sciences (LS)

Standard

LS4 Biological Evolution: Unity and Diversity

Childhood

Grade 3

Grade 4

Grade 5

Performance Expectations

3-LS4-1 Analyze and interpret data from fossils to provide evidence of the organisms and environments in which they lived long ago.

Further Explanation: Examples of data could include type, size, and distributions of fossil organisms. Examples of fossils and environments could include marine fossils found on dry land, tropical plant fossils found in Arctic areas, and fossils of extinct organisms.

Analyzing and Interpreting Data, Evidence of Common Ancestry and Diversity, Scale, Proportion, and Quantity

3-LS4-2 Use evidence to construct an explanation for how the variations in characteristics among individuals of the same species may provide advantages in surviving, finding mates, and reproducing.

Further Explanation: Examples of cause and effect relationships could be plants that have larger thorns than other plants may be less likely to be eaten by predators and animals that have better camouflage coloration than other animals may be more likely to survive and therefore more likely to leave offspring such as yellow spotted salamanders and newts.

Constructing Explanations an Designing Solutions, Natural Selection, Cause and Effect

3-LS4-3 Construct an argument with evidence that in a particular habitat some organisms can survive well, some survive less well, and some cannot survive at all.

Further Explanation: Examples of evidence could include needs and characteristics of the organisms (such as loons) and habitats involved. The organisms and their habitats make up a system in which the parts depend on each other. Potential Maine connections include the introduction of Pike and Bass into areas that are non-native to the species and their impact on native trout and other native species.

Engaging in Argument from Evidence, Inheritance of Traits, Variation of Traits, Scale, Proportion, and Quantity, Cause and Effect

3-LS4-4 Make a claim about the merit of a solution to a problem caused when the environment changes and the types of plants and animals that live there may change.

Further Explanation: Examples of environmental changes could include changes in land characteristics, water distribution, temperature, food, and other organisms. Lobster migrate as a result of water temperature, Cod follow prey fish (Mackerel), Atlantic Salmon start life in streams and migrate to saltwater.

Engaging in Argument from Evidence, Biodiversity and Humans, Ecosystem Dynamics, Functioning, and Resilience, Systems and System Models

Strand

Life Sciences (LS)

Standard

LS4 Biological Evolution: Unity and Diversity

Early Adolescence

Grades 6-8

Performance Expectations

MS-LS4-1 Analyze and interpret data for patterns in the fossil record that document the existence, diversity, extinction, and change of life forms throughout the history of life on Earth under the assumption that natural laws operate today as in the past.

Further explanation: Emphasis is on finding patterns of changes in the level of complexity of anatomical structures in organisms and the chronological order of fossil appearance in rock layers.

Analyzing and interpreting data; evidence of common ancestry and diversity; patterns

MS-LS4-2 Apply scientific ideas to construct an explanation for the anatomical similarities and differences among modern organisms and between modern and fossil organisms to infer evolutionary relationships.

Further explanation: Emphasis is on explanations of the evolutionary relationships among organisms in terms of similarities or differences of the gross appearance of anatomical structures.

Constructing explanations and designing solutions; evidence of common ancestry and diversity; patterns

MS-LS4-3 Analyze displays of pictorial data to compare patterns of similarities in the embryological development across multiple species to identify relationships not evident in the fully formed anatomy.

Further explanation: Emphasis is on inferring general patterns of relatedness among embryos of different organisms by comparing the macroscopic appearance of diagrams or pictures.

Analyzing and interpreting data; evidence of common ancestry and diversity; patterns

MS-LS4-4 Construct an explanation based on evidence that describes how genetic variations of traits in a population increase some individuals’ probability of surviving and reproducing in a specific environment.

Further explanation: Emphasis is on using simple probability statements and proportional reasoning to construct explanations.

Constructing explanations and designing solutions; natural selection; cause and effect

MS-LS4-5 Gather and synthesize information about the technologies that have changed the way humans influence the inheritance of desired traits in organisms.

Further explanation: Emphasis is on synthesizing information from reliable sources about the influence of humans on genetic outcomes in artificial selection (such as genetic modification, animal husbandry, and gene therapy) and on the impacts these technologies have on society as well as the technologies leading to these scientific discoveries.

Obtaining, evaluating, and communicating information; natural selection; cause and effect

MS-LS4-6 Use mathematical representations to support explanations of how natural selection may lead to increases and decreases of specific traits in populations over time.

Further explanation: Emphasis is on using mathematical models, probability statements, and proportional reasoning to support explanations of trends in changes to populations over time.

Using mathematics and computational thinking; adaptation; cause and effect

Strand

Life Sciences (LS)

Standard

LS4 Biological Evolution: Unity and Diversity

Adolescence

Grades 9-Diploma

Performance Expectations

HS-LS4-1 Communicate scientific information that common ancestry and biological evolution are supported by multiple lines of empirical evidence.

Further explanation: Emphasis is on a conceptual understanding of the role each line of evidence has relating to common ancestry and biological evolution. Examples of evidence could include similarities in DNA sequences, anatomical structures, and order of appearance of structures in embryological development.

Obtaining, Evaluating, and Communicating Information, Evidence of Common Ancestry and Diversity, Patterns

HS-LS4-2 Construct an explanation based on evidence that the process of evolution primarily results from four factors: (1) the potential for a species to increase in number, (2) the heritable genetic variation of individuals in a species due to mutation and sexual reproduction, (3) competition for limited resources, and (4) the proliferation of those organisms that are better able to survive and reproduce in the environment.

Further explanation: Emphasis is on using evidence to explain the influence each of the four factors has on number of organisms, behaviors, morphology, or physiology in terms of ability to compete for limited resources and subsequent survival of individuals and adaptation of species. Examples of evidence could include mathematical models such as simple distribution graphs and proportional reasoning.

Constructing Explanations and Designing Solutions, Adaptation, Cause and Effect

HS-LS4-3 Apply concepts of statistics and probability to support explanations that organisms with an advantageous heritable trait tend to increase in proportion to organisms lacking this trait.

Further explanation: Emphasis is on analyzing shifts in numerical distribution of traits and using these shifts as evidence to support explanations. Observe historical data for the distribution of humpback whales in the Gulf of Maine looking specifically at skin pigmentation.

Analyzing and Interpreting Data, Natural Selection, Adaptation, Patterns

HS-LS4-4 Construct an explanation based on evidence for how natural selection leads to adaptation of populations.

Further explanation: Emphasis is on using data to provide evidence for how specific biotic and abiotic differences in ecosystems (such as ranges of seasonal temperature, long-term climate change, acidity, light, geographic barriers, or evolution of other organisms) contribute to a change in gene frequency over time, leading to adaptation of populations.

Constructing Explanations and Designing Solutions, Adaptation, Cause and Effect

HS-LS4-5 Evaluate the evidence supporting claims that changes in environmental conditions may result in: (1) increases in the number of individuals of some species, (2) the emergence of new species over time, and (3) the extinction of other species.

Further explanation: Emphasis is on determining cause and effect relationships for how changes to the environment such as deforestation, fishing, application of fertilizers, drought, flood, and the rate of change of the environment affect distribution or disappearance of traits in species.

Engaging in Argument from Evidence, Adaptation, Cause and Effect

HS-LS4-6 Create or revise a simulation to test a solution to mitigate adverse impacts of human activity on biodiversity.

Further explanation: Emphasis is on designing solutions for a proposed problem related to threatened or endangered species, or to genetic variation of organisms for multiple species.

Using Mathematics and Computational Thinking, Biodiversity and Humans, Developing Possible Solutions, Cause and Effect

Strand

Earth and Space Sciences (ESS)

Standard

ESS1 Earth’s Place in the Universe

Childhood

Kindergarten

Grade 1

Grade 2

Performance Expectations

1-ESS1-1 Use observations of the sun, moon, and stars to describe patterns that can be predicted.

Further explanation: Examples of patterns could include that the sun and moon appear to rise in one part of the sky, move across the sky, and set and that stars other than our sun are visible at night but not during the day.

Analyzing and Interpreting Data, The Universe and Its Stars, Patterns

1-ESS1-2 Make observations at different times of the year to relate the amount of daylight to the time of year.

Further explanation: Emphasis is on relative comparisons of the amount of daylight in the winter or summer to the amount in the spring or fall.

Planning and Carrying out Investigations, Earth and the Solar System, Patterns

2-ESS1-1 Use information from several sources to provide evidence that Earth events can occur quickly or slowly.

Further Explanation: Examples of events and timescales could include volcanic explosions and earthquakes, which happen quickly, and erosion of rocks, which occurs slowly. Examples of Maine phenomena (e.g. flash floods, erosion and tides).

Constructing Explanations and Designing Solutions, The History of Planet Earth, Stability and Change

Strand

Earth and Space Sciences (ESS)

Standard

ESS1 Earth’s Place in the Universe

Childhood

Grade 3

Grade 4

Grade 5

Performance Expectations

4-ESS1-1 Identify evidence from patterns in rock formations and fossils in rock layers to support an explanation for changes in a landscape over time.

Further Explanation: Examples of evidence from patterns could include rock layers with marine shell fossils above rock layers with plant fossils and no shells, indicating a change from land to water over time and a canyon with different rock layers in the walls and a river in the bottom, indicating that over time a river cut through the rock.

Constructing Explanations and Designing Solutions, The History of Planet Earth, Patterns

5-ESS1-1 Support an argument that differences in the apparent brightness of the sun compared to other stars is due to their relative distances from Earth.

Engaging in Argument from Evidence, The Universe and its Stars, Scale Proportion and Quantity

5-ESS1-2 Represent data in graphical displays to reveal patterns of daily changes in length and direction of shadows, day and night, and the seasonal appearance of some stars in the night sky.

Further Explanation: Examples of patterns could include the position and motion of Earth with respect to the sun and selected stars that are visible only in particular months.

Analyzing and Interpreting Data, Earth and the Solar System, Patterns

Strand

Earth and Space Sciences (ESS)

Standard

ESS1 Earth’s Place in the Universe

Early Adolescence

Grades 6-8

Performance Expectations

MS-ESS1-1 Develop and use a model of the Earth-sun-moon system to describe the cyclic patterns of lunar phases, eclipses of the sun and moon, and seasons.

Further explanation: Examples of models can be physical, graphical, or conceptual. Examples could incorporate latitude and season connections, why Lubec is the first town in the continental U.S. to see the sunrise, and tides (king, neap, spring).

Developing and using models; the universe and its stars; earth and the solar system; patterns

MS-ESS1-2 Develop and use a model to describe the role of gravity in the motions within galaxies and the solar system.

Further explanation: Emphasis for the model is on gravity as the force that holds together the solar system and Milky Way galaxy and controls orbital motions within them. Examples of models can be physical (such as the analogy of distance along a football field or computer visualizations of elliptical orbits) or conceptual (such as mathematical proportions relative to the size of familiar objects such as students’ school or state).

Developing and using models; the universe and its stars; earth and the solar system; systems and system models

MS-ESS1-3 Analyze and interpret data to determine scale properties of objects in the solar system.

Further explanation: Emphasis is on the analysis of data from Earth-based instruments, space-based telescopes, and spacecraft to determine similarities and differences among solar system objects. Examples of scale properties include the sizes of an object’s layers (such as crust and atmosphere), surface features (such as volcanoes), and orbital radius. Examples of data include statistical information, drawings and photographs, and models.

Analyzing and interpreting data; earth and the solar system; scale, proportion, and quantity

MS-ESS1-4 Construct a scientific explanation based on evidence from rock strata for how the geologic time scale is used to organize Earth’s 4.6-billion-year-old history.

Further explanation: Emphasis is on how analysis of rock formations and the fossils they contain are used to establish relative ages of major events in Earth’s history. Examples of Earth’s major events could range from being very recent (such as the last Ice Age or the earliest fossils of homo sapiens) to very old (such as the formation of Earth or the earliest evidence of life). Examples can include the formation of mountain chains and ocean basins, the evolution or extinction of particular living organisms, or significant volcanic eruptions.

Constructing explanations and designing solutions; the history of planet earth; scale, proportion, and quantity

Strand

Earth and Space Sciences (ESS)

Standard

ESS1 Earth’s Place in the Universe

Adolescence

Grades 9-Diploma

Performance Expectations

HS-ESS1-1 Develop a model based on evidence to illustrate the life span of the sun and the role of nuclear fusion in the sun’s core to release energy that eventually reaches Earth in the form of radiation.

Further explanation: Emphasis is on the energy transfer mechanisms that allow energy from nuclear fusion in the sun’s core to reach Earth. Examples of evidence for the model include observations of the masses and lifetimes of other stars, as well as the ways that the sun’s radiation varies due to sudden solar flares (“space weather”), the 11- year sunspot cycle, and non-cyclic variations over centuries.

Developing and Using Models, The Universe and its Stars, Energy in Chemical Processes and Everyday Life, Scale, Proportion and Quantity

HS-ESS1-2 Construct an explanation of the Big Bang theory based on astronomical evidence of light spectra, motion of distant galaxies, and composition of matter in the universe.

Further explanation: Emphasis is on the astronomical evidence of the red shift of light from galaxies as an indication that the universe is currently expanding, the cosmic microwave background as the remnant radiation from the Big Bang, and the observed composition of ordinary matter of the universe, primarily found in stars and interstellar gases (from the spectra of electromagnetic radiation from stars), which matches that predicted by the Big Bang theory (3/4 hydrogen and 1/4 helium).

Constructing Explanations and Designing Solutions, The Universe and its Stars, Electromagnetic Radiation, Energy and Matter

HS-ESS1-3 Communicate scientific ideas about the way stars, over their life cycle, produce elements.

Further explanation: Emphasis is on the way nucleosynthesis, and therefore the different elements created, varies as a function of the mass of a star and the stage of its lifetime.

Obtaining, Evaluating, and Communicating Information, The Universe and its Stars, Energy and Matter

HS-ESS1-4 Use mathematical or computational representations to predict the motion of orbiting objects in the solar system.

Further explanation: Emphasis is on Newtonian gravitational laws governing orbital motions, which apply to human-made satellites as well as planets and moons.

Using Mathematical and Computational Thinking, Earth and the Solar System, Scale, Proportion, and Quantity

HS-ESS1-5 Evaluate evidence of the past and current movements of continental and oceanic crust and the theory of plate tectonics to explain the ages of crustal rocks.

Further explanation: Emphasis is on the ability of plate tectonics to explain the ages of crustal rocks. Examples include evidence of the ages oceanic crust increasing with distance from mid-ocean ridges (a result of plate spreading) and the ages of North American continental crust increasing with distance away from a central ancient core (a result of past plate interactions). Examples could also be found from looking at differences between coastal Maine and interior Maine rock types and their ages as evidence to explain the formation of land structures and plate boundaries that cause them.

Engaging in Argument from Evidence, The History of Planet Earth, Plate Tectonics and Large-Scale System Interactions, Nuclear Processes, Patterns

HS-ESS1-6 Apply scientific reasoning and evidence from ancient Earth materials, meteorites, and other planetary surfaces to construct an account of Earth’s formation and early history.

Further explanation: Emphasis is on using available evidence within the solar system to reconstruct the early history of Earth, which formed along with the rest of the solar system 4.6 billion years ago. Examples of evidence include the absolute ages of ancient materials (obtained by radiometric dating of meteorites, moon rocks, and Earth’s oldest minerals), the sizes and compositions of solar system objects, and the impact cratering record of planetary surfaces.

Constructing Explanations and Designing Solutions, The History of Planet Earth, Stability and Change

Strand

Earth and Space Sciences (ESS)

Standard

ESS2 Earth’s Systems

Childhood

Kindergarten

Grade 1

Grade 2

Performance Expectations

K-ESS2-1 Use and share observations of local weather conditions to describe patterns over time.

Further explanation: Examples of qualitative observations could include descriptions of the weather (such as sunny, cloudy, rainy, and warm); examples of quantitative observations could include graphing the number of sunny, windy, and rainy or snowy days in a month. Examples of patterns could include that it is usually cooler in the morning than in the afternoon and the number of sunny days versus cloudy days in different months.

Analyzing and Interpreting Data, Weather and Climate, Patterns

K-ESS2-2 Construct an argument supported by evidence for how plants and animals (including humans) can change the environment to meet their needs.

Further explanation: Examples of plants and animals changing their environment could include a squirrel digging in the ground to hide its food and tree roots can break concrete. Examples could include ways that humans change their environment to meet their needs (cutting down trees to provide heat, farming to provide food, and the process of snow removal, e.g. sanding/salting the roads, snowplowing, etc.).

Engaging in Argument from Evidence, Biogeology, Human Impacts on Earth Systems, Systems and System Models

2-ESS2-1 Compare multiple solutions designed to slow or prevent wind or water from changing the shape of the land.

Further Explanation: Examples of solutions could include different designs of dikes and windbreaks to hold back wind and water and different designs for using shrubs, grass, and trees to hold back land.

Constructing Explanations and Designing Solutions, Earth Materials and Systems, Optimizing the Design Solution, Stability and Change

2-ESS2-2 Develop a model to represent the shapes and kinds of land and bodies of water in an area.

Developing and Using Models, Plate Tectonics and the Large-Scale System Interactions, Patterns

2-ESS2-3 Obtain information to identify where water is found on Earth and that it can be solid or liquid.

Obtaining, Evaluating, and Communicating Information, The Roles of Water in Earth’s Surface Processes, Patterns

Strand

Earth and Space Sciences (ESS)

Standard

ESS2 Earth’s Systems

Childhood

Grade 3

Grade 4

Grade 5

Performance Expectations

3-ESS2-1 Represent data in tables and graphical displays to describe typical weather conditions expected during a particular season.

Further Explanation: Examples of data could include average temperature, precipitation, and wind direction

Analyzing and Interpreting Data, Weather and Climate, Patterns

3-ESS2-2 Obtain and combine information to describe climates in different regions of the world.

Obtaining, Evaluating, and Communicating Information, Weather and Climate, Patterns

4-ESS2-1 Make observations and/or measurements to provide evidence of the effects of weathering or the rate of erosion by water, ice, wind, or vegetation.

Further Explanation: Examples of variables to test could include angle of slope in the downhill movement of water, amount of vegetation, speed of wind, relative rate of deposition, cycles of freezing and thawing of water, cycles of heating and cooling, and volume of water flow. Maine pot holes and frost heaves are evidence of the effects of weathering and explain why roads in Maine are repaved more frequently than roads in Florida.

Planning and Carrying out Investigations, Earth Materials and Systems, Biogeology, Cause and Effect

4-ESS2-2 Analyze and interpret data from maps to describe patterns of Earth’s features.

Further Explanation: Maps can include topographic maps of Earth’s land and ocean floor, as well as maps of the locations of mountains, continental boundaries, volcanoes, and earthquakes. Investigate the formation of the Appalachian Mountains and compare them to the formation of the Rocky or Cascade Mountain Ranges.

Analyzing and Interpreting Data, Plate Tectonics and Large-Scale System Interactions, Patterns

5-ESS2-1 Develop a model using an example to describe ways the geosphere, biosphere, hydrosphere, and/or atmosphere interact.

Further Explanation: Examples could include the influence of the ocean on ecosystems, landform shape, and climate; the influence of the atmosphere on landforms and ecosystems through weather and climate; and the influence of mountain ranges on winds and clouds in the atmosphere. The geosphere, hydrosphere, atmosphere, and biosphere are each a system.

Developing and Using Models, Earth’s Materials and Systems, Systems and System Models

5-ESS2-2 Describe and graph the amounts and percentages of water and fresh water in various reservoirs to provide evidence about the distribution of water on Earth.

Using Mathematics and Computational Thinking, The Roles of Water in Earth’s Surface Processes, Scale, Proportion, and Quantity

Strand

Earth and Space Sciences (ESS)

Standard

ESS2 Earth’s Systems

Early Adolescence

Grades 6-8

Performance Expectations

MS-ESS2-1 Develop a model to describe the cycling of Earth’s materials and the flow of energy that drives this process

Further explanation: Emphasis is on the processes of melting, crystallization, weathering, deformation, and sedimentation, which act together to form minerals and rocks through the cycling of Earth’s materials. Potential Maine connections include Deer Isle granite, Rockland limestone, Maine tourmaline, Acadia National Park pink granite, along with Maine mining history at Bald Mountain or Katahdin Iron Works.

Developing and using models, earth’s materials and systems, stability and change

MS-ESS2-2 Construct an explanation based on evidence for how geoscience processes have changed Earth’s surface at varying time and spatial scales.

Further explanation: Emphasis is on how processes change Earth’s surface at time and spatial scales that can be large (such as slow plate motions or the uplift of large mountain ranges) or small (such as rapid landslides or microscopic geochemical reactions), and how many geoscience processes (such as earthquakes, volcanoes, and meteor impacts) usually behave gradually but are punctuated by catastrophic events. Examples of geoscience processes include surface weathering and deposition by the movements of water, ice, and wind. Emphasis is on geoscience processes that shape local geographic features, where appropriate. Potential Maine connections include the Desert of Maine, glacial erratics, alluvial fans, Appalachian Trail and Baxter State Park, and the fjord on Mount Desert Island.

Constructing explanations and designing solutions, earth’s materials and systems, the roles of water in earth’s surface processes, scale proportion and quantity

MS-ESS2-3 Analyze and interpret data on the distribution of fossils and rocks, continental shapes, and seafloor structures to provide evidence of the past plate motions.

Further explanation: Examples of data include similarities of rock and fossil types on different continents, the shapes of the continents (including continental shelves), and the locations of ocean structures (such as ridges, fracture zones, and trenches). Potential Maine connections can be found in the Gulf of Maine, Georges Bank and the inner continental shelf.

Analyzing and interpreting data, the history of planet earth, plate tectonics and large-scale system interactions, patterns

MS-ESS2-4 Develop a model to describe the cycling of water through Earth’s systems driven by energy from the sun and the force of gravity.

Further explanation: Emphasis is on the ways in which water changes its state as it moves through the multiple pathways of the hydrologic cycle. Examples of models can be conceptual or physical.

Developing and using models, the roles of water in earth’s surface processes, energy and matter

MS-ESS2-5 Collect data to provide evidence for how the motions and complex interactions of air masses result in changes in weather conditions.

Further explanation: Emphasis is on how air masses flow from regions of high pressure to low pressure, causing weather (defined by temperature, pressure, humidity, precipitation, and wind) at a fixed location to change over time and how sudden changes in weather can result when different air masses collide. Emphasis is on how weather can be predicted within probabilistic ranges. Examples of data can be provided to students (such as weather maps, diagrams, and visualizations) or obtained through laboratory experiments (such as with condensation). Potential Maine connections include “Bombogenesis” snow storms, coastal fog, Nor’easters, sea smoke and valley fog.

Planning and carrying out investigations, the roles of water in earth’s surface processes, weather and climate, cause and effect

MS-ESS2-6 Develop and use a model to describe how unequal heating and rotation of the Earth cause patterns of atmospheric and oceanic circulation that determine regional climates.

Further explanation: Emphasis is on how patterns vary by latitude, altitude, and geographic land distribution. Emphasis of atmospheric circulation is on the sunlight-driven latitudinal banding, the Coriolis effect, and resulting prevailing winds; emphasis of ocean circulation is on the transfer of heat by the global ocean convection cycle, which is constrained by the Coriolis effect and the outlines of continents. Examples of models can be diagrams, maps and globes, or digital representations.

Developing and using models, the roles of water in earth’s surface processes, weather and climate, systems and system models

Strand

Earth and Space Sciences (ESS)

Standard

ESS2 Earth’s Systems

Adolescence

Grades 9-Diploma

Performance Expectations

HS-ESS2-1 Develop a model to illustrate how Earth’s internal and surface processes operate at different spatial and temporal scales to form continental and ocean-floor features.

Further explanation: Emphasis is on how the appearance of land features (such as mountains, valleys, and plateaus) and sea floor features (such as trenches, ridges, and seamounts) are a result of both constructive forces (such as volcanism, tectonic uplift, and orogeny) and destructive mechanisms (such as weathering, mass wasting, and coastal erosion). An example could be to utilize Maine Geologic maps, including tectonic maps, as data to create a model to illustrate how Maine’s land features or oceanic features were formed. Consider looking to Maine’s glacial history, features formed and materials deposited by glaciers.

Developing and Using Models, Plate Tectonics and Large-Scale System Interactions, Earth Materials and Systems, Stability and Change

HS-ESS2-2 Analyze geoscience data to make the claim that one change to Earth’s surface can create feedbacks that cause changes to other Earth systems.

Further explanation: Examples should include climate feedbacks, such as how an increase in greenhouse gases causes a rise in global temperatures that melts glacial ice, which reduces the amount of sunlight reflected from Earth’s surface, increasing surface temperatures and further reducing the amount of ice. Examples could also be taken from other system interactions, such as how the loss of ground vegetation causes an increase in water runoff and soil erosion; how dammed rivers increase groundwater recharge, decrease sediment transport, and increase coastal erosion; and how the loss of wetlands causes a decrease in local humidity that further reduces the wetlands’ extent. An example could consider timber harvesting practices related to erosion and water runoff issues, river damming, or coastal erosion of Maine’s beaches and dunes.

Analyzing and Interpreting Data, Earth Materials and Systems, Stability and Change

HS-ESS2-3 Develop a model based on evidence of Earth’s interior to describe the cycling of matter by thermal convection.

Further explanation: Emphasis is on both a one-dimensional model of Earth, with radial layers determined by density, and a three-dimensional model, which is controlled by mantle convection and the resulting plate tectonics. Examples of evidence include maps of Earth’s three-dimensional structure obtained from seismic waves, records of the rate of change of Earth’s magnetic field (as constraints on convection in the outer core), and identification of the composition of Earth’s layers from high-pressure laboratory experiments.

Developing and Using Models, Earth Materials and Systems, Plate Tectonics and Large-Scale System Interactions, Wave Properties, Energy and Matter

HS-ESS2-4 Use a model to describe how variations in the flow of energy into and out of Earth’s systems result in changes in climate.

Further explanation: Examples of the causes of climate change differ by timescale, over 1-10 years; large volcanic eruptions, ocean circulation; 10s to 100s of years: changes in human activity, ocean circulation, solar output; 10s a-100s of thousands of years: changes to Earth’s orbit and the orientation of its axis; and 10s-100s of millions of years: long-term changes in atmospheric composition. Consider the climatic impacts of the Gulf stream and the Labrador currents on the Gulf of Maine, e.g. water temperature changes and fishing industry disruptions.

Developing and Using Models, Earth and the Solar System, Earth Materials and Systems, Weather and Climate, Scale, Proportion, and Quantity

HS-ESS2-5 Plan and conduct an investigation of the properties of water and its effects on Earth materials and surface processes.

Further explanation: Emphasis is on mechanical and chemical investigations with water and a variety of solid materials to provide evidence for the connections between the hydrologic cycle and system interactions commonly known as the rock cycle. Examples of mechanical investigations include stream transportation and deposition using a stream table, erosion using variations in soil moisture content, and frost wedging by the expansion of water as it freezes. Examples of chemical investigations include chemical weathering and recrystallization (by testing the solubility of different materials) or melt generation (by examining how water lowers the melting temperature of most solids). Draw connections to Maine phenomena such as ice jams, frost heaves and potholes.

Planning and Carrying Out Investigations, The Role of Water in Earth’s Surface Processes, Structure and Function

HS-ESS2-6 Develop a quantitative model to describe the cycling of carbon among the hydrosphere, atmosphere, geosphere, and biosphere.

Further explanation: Emphasis is on modeling biogeochemical cycles that include the cycling of carbon through the ocean, atmosphere, soil, and biosphere (including humans), providing the foundation for living organisms.

Developing and Using Models, Weather and Climate, Energy and Matter

HS-ESS2-7 Construct an argument based on evidence about the simultaneous coevolution of Earth’s systems and life on Earth.

Further explanation: Emphasis is on the dynamic causes, effects, and feedbacks between the biosphere and Earth’s other systems, whereby geoscience factors control the evolution of life, which in turn continuously alters Earth’s surface. Examples include how photosynthetic life altered the atmosphere through the production of oxygen, which in turn increased weathering rates and allowed for the evolution of animal life; how microbial life on land increased the formation of soil, which in turn allowed for the evolution of land plants; and how the evolution of corals created reefs that altered patterns of erosion and deposition along coastlines and provided habitats for the evolution of new life forms.

Engaging in Argument from Evidence, Weather and Climate, Biogeology, Stability and Change

Strand

Earth and Space Sciences (ESS)

Standard

ESS3 Earth and Human Activity

Childhood

Kindergarten

Grade 1

Grade 2

Performance Expectations

K-ESS3-1 Use a model to represent the relationship between the needs of different plants or animals (including humans) and the places they live.

Further explanation: Examples of relationships could include that deer eat buds and leaves and therefore usually live in forested areas and that grasses need sunlight so they often grow in meadows. Plants, animals, and their surroundings make up a system. Examples could include coastal tidepools, humans in Maine live in insulated buildings for protection during cold months, or uninsulated structures during warm months (e.g. camping in a tent). Examples of animals that migrate include monarch butterflies, ducks, Canada geese, etc.

Developing and Using Models, Natural Resources, Systems and System Models

K-ESS3-2 Ask questions to obtain information about the purpose of weather forecasting to prepare for, and respond to, severe weather.

Further explanation: Emphasis is on local forms of severe weather. Examples could include local forms of severe weather (flooding, ice, blizzards, heat, etc.) and checking the weather forecast to determine proper clothing to wear.

Asking Questions and Defining Problems, Obtaining, Evaluating, and Communicating Information, Natural Hazards, Defining and Delimiting an Engineering Problem, Cause and Effect

K-ESS3-3 Communicate solutions that will reduce the impact of humans on the land, water, air, and/or other living things in the local environment.

Further explanation: Examples of human impact on land could include cutting trees to produce paper and using resources to produce bottles. Examples of solutions could include reusing paper and recycling cans and bottles. Examples could also include what we can do to clean public areas (e.g. beaches, parks, lakes, trails, etc.).

Obtaining, Evaluating, and Communicating Information, Developing Possible Solutions, Human Impacts on Earth Systems, Cause and Effect

Strand

Earth and Space Sciences (ESS)

Standard

ESS3 Earth and Human Activity

Childhood

Grade 3

Grade 4

Grade 5

Performance Expectations

3-ESS3-1 Make a claim about the merit of a design solution that reduces the impacts of a weather-related hazard.

Further Explanation: Examples of design solutions to weather-related hazards could include barriers to prevent flooding, wind resistant roofs, and lightning rods. Potential Maine connections include the construction of seawalls in southern Maine to prevent damage to homes from strong ocean storms.

Engaging in Argument from Evidence, Natural Hazards, Cause and Effect

4-ESS3-1 Obtain and combine information to describe that energy and fuels are derived from natural resources and their uses affect the environment.

Further Explanation: Examples of renewable energy resources could include wind energy, water behind dams, and sunlight; nonrenewable energy resources are fossil fuels and fissile materials. Examples of environmental effects could include loss of habitat due to dams, loss of habitat due to surface mining, and air pollution from burning of fossil fuels. Investigate the pros and cons of heating homes with wood, fossil fuels, and solar energy. Investigate what a wind or solar farm is and why they are controversial in Maine.

Obtaining, Evaluating, and Communicating Information, Natural Resources, Cause and Effect

4-ESS3-2 Generate and compare multiple solutions to reduce the impacts of natural Earth processes on humans.

Further Explanation: Examples of solutions could include designing an earthquake resistant building and improving monitoring of volcanic activity. Design a microburst resistant building or design a telephone/electric pole that could sustain less damage in an ice storm.

Constructing Explanations and Designing Solutions, Natural Hazards, Designing Solutions to Engineering Problems, Cause and Effect

5-ESS3-1 Obtain and combine information about ways individual communities use science ideas to protect the Earth’s resources and environment.

Obtaining, Evaluating and Communicating Information, Human Impacts on Earth systems, Systems and System Models

Strand

Earth and Space Sciences (ESS)

Standard

ESS3 Earth and Human Activity

Early Adolescence

Grades 6-8

Performance Expectations

MS-ESS3-1 Construct a scientific explanation based on evidence for how the uneven distributions of Earth’s mineral, energy, and groundwater resources are the result of past and current geoscience processes.

Further explanation: Emphasis is on how these resources are limited and typically non-renewable and on how their distributions are significantly changing as a result of removal by humans. Examples of uneven distributions of resources as a result of past processes include but are not limited to petroleum (locations of the burial of organic marine sediments and subsequent geologic traps), metal ores (locations of past volcanic and hydrothermal activity associated with subduction zones), and soil (locations of active weathering and/or deposition of rock).

Constructing explanations and designing solutions, natural resources, cause and effect

MS-ESS3-2 Analyze and interpret data on natural hazards to forecast future catastrophic events and inform the development of technologies to mitigate their effects.

Further explanation: Emphasis is on how some natural hazards, such as volcanic eruptions, and severe weather, are preceded by phenomena that allow for reliable predictions, but others, such as earthquakes, occur suddenly and with no notice and thus are not yet predictable. Examples of natural hazards can be taken from interior processes (such as earthquakes and volcanic eruptions), surface processes (such as mass wasting and tsunamis), or severe weather events (such as hurricanes, tornadoes, and floods). Examples of data can include the locations, magnitudes, and frequencies of the natural hazards. Examples of technologies can be global (such as satellite systems to monitor hurricanes or forest fires) or local (such as building basements in tornado-prone regions or reservoirs to mitigate droughts).

Analyzing and interpreting data, natural hazards, patterns

MS-ESS3-3 Apply scientific principles to design a method for monitoring and minimizing a human impact on the environment.

Further explanation: Examples of the design process include examining human environmental impacts, assessing the kinds of solutions that are feasible, and designing and evaluating solutions that could reduce that impact. Examples of human impacts can include water usage (such as the withdrawal of water from streams and aquifers or the construction of dams and levees), land usage (such as urban development, agriculture, or the removal of wetlands), and pollution (such as of the air, water, or land).

Constructing explanations and designing solutions, human impacts on earth systems, cause and effect

MS-ESS3-4 Construct an argument supported by evidence for how increases in human population and per-capita consumption of natural resources impact Earth’s systems.

Further explanation: Examples of evidence include grade-appropriate databases on human populations and the rates of consumption of food and natural resources (such as freshwater, mineral, and energy). Examples of impacts can include changes to the appearance, composition, and structure of Earth’s systems as well as the rates at which they change. The consequences of increases in human populations and consumption of natural resources are described by science, but science does not make the decisions for the actions society takes.

Engaging in argument from evidence, human impacts on earth systems, cause and effect

MS-ESS3-5 Ask questions to clarify evidence of the factors that have caused the rise in global temperatures over the past century.

Further explanation: Examples of factors include human activities (such as fossil fuel combustion, cement production, and agricultural activity) and natural processes (such as changes in incoming solar radiation or volcanic activity). Examples of evidence can include tables, graphs, and maps of global and regional temperatures, atmospheric levels of gases such as carbon dioxide and methane, and the rates of human activities. Emphasis is on the major role that human activities play in causing the rise in global temperatures.

Asking questions and defining problems, global climate change, stability and change

Strand

Earth and Space Sciences (ESS)

Standard

ESS3 Earth and Human Activity

Adolescence

Grades 9-Diploma

Performance Expectations

HS-ESS3-1 Construct an explanation based on evidence for how the availability of natural resources, occurrence of natural hazards, and changes in climate have influenced human activity.

Further explanation: Examples of key natural resources include access to fresh water (such as rivers, lakes, and groundwater), regions of fertile soils such as river deltas, and high concentrations of minerals and fossil fuels. Examples of natural hazards can be from interior processes (such as volcanic eruptions and earthquakes), surface processes (such as tsunamis, mass wasting and soil erosion), and severe weather (such as hurricanes, floods, and droughts). Examples of the results of changes in climate that can affect populations or drive mass migrations include changes to sea level, regional patterns of temperature and precipitation, and the types of crops and livestock that can be raised. Other examples include the impacts of climate change on Maine’s ski industry, fishing industry, maple sugar industry and on sea levels or droughts.

Constructing Explanations and Designing Solutions, Natural Resources, Natural Hazards, Cause and Effect

HS-ESS3-2 Evaluate competing design solutions for developing, managing, and utilizing energy and mineral resources based on cost-benefit ratios.

Further explanation: Emphasis is on the conservation, recycling, and reuse of resources (such as minerals and metals) where possible, and on minimizing impacts where it is not. Examples include developing best practices for agricultural soil use (for farming, timber industry, blueberry and potato crops), mining (for coal, tar sands, and oil shales), and pumping (for petroleum and natural gas). Science knowledge indicates what can happen in natural systems—not what should happen.

Engaging in Argument from Evidence, Natural Resources, Developing Possible Solutions

HS-ESS3-3 Create a computational simulation to illustrate the relationships among management of natural resources, the sustainability of human populations, and biodiversity.

Further explanation: Examples of factors that affect the management of natural resources include costs of resource extraction and waste management, per-capita consumption, and the development of new technologies. Examples of factors that affect human sustainability include agricultural efficiency, levels of conservation, and urban planning. Consider the effects of urban sprawl and the loss of farmland.

Using Mathematics and Computational Thinking, Human Impacts on Earth Systems, Stability and Change

HS-ESS3-4 Evaluate or refine a technological solution that reduces impacts of human activities on natural systems.

Further explanation: Examples of data on the impacts of human activities could include the quantities and types of pollutants released, changes to biomass and species diversity, or areal changes in land surface use (such as for urban development, agriculture and livestock, or surface mining). Examples for limiting future impacts could range from local efforts (such as reducing, reusing, and recycling resources) to large-scale geoengineering design solutions (such as altering global temperatures by making large changes to the atmosphere or ocean). Other examples include the use of propane-powered buses in Acadia (evaluate pros and cons).

Constructing Explanations and Designing Solutions, Developing Possible Solutions, Stability and Change

HS-ESS3-5 Analyze geoscience data and the results from global climate models to make an evidence-based forecast of the current rate of global or regional climate change and associated future impacts to Earth’s systems.

Further explanation: Examples of evidence, for both data and climate model outputs, are for climate changes (such as precipitation and temperature) and their associated impacts (such as on sea level, glacial ice volumes, or atmosphere and ocean composition).

Analyzing and Interpreting Data, Global Climate Change, Stability and Change

HS-ESS3-6 Use a computational representation to illustrate the relationships among Earth systems and how those relationships are being modified due to human activity.

Further explanation: Examples of Earth systems to be considered are the hydrosphere, atmosphere, cryosphere, geosphere, and/or biosphere. An example of the far-reaching impacts from a human activity is how an increase in atmospheric carbon dioxide results in an increase in photosynthetic biomass on land and an increase in ocean acidification, with resulting impacts on sea organism health and marine populations. Use and interpret graphs and data of carbon dioxide levels in the Gulf of Maine for oysters and sea scallops. Consider the impacts of ocean acidification on shellfish.

Using Mathematics and Computational Thinking, Weather and Climate, Global Climate Change, Systems and System Models

Strand

Engineering, Technology, and Applications of Science (ETS)

Standard

ETS1 Engineering Design

Childhood

Kindergarten

Grade 1

Grade 2

Performance Expectations

K-2-ETS1-1 Ask questions, make observations, and gather information about a situation people want to change to define a simple problem that can be solved through the development of a new or improved object or tool.

Asking Questions and Defining Problems, Defining and Delimiting Engineering Problems

K-2-ETS1-2 Develop a simple sketch, drawing, or physical model to illustrate how the shape of an object helps it function as needed to solve a given problem.

Developing and Using Models, Developing Possible Solutions, Structure and Function

K-2-ETS1-3 Analyze data from tests of two objects designed to solve the same problem to compare the strengths and weaknesses of how each performs.

Analyzing and Interpreting Data, Optimizing the Design Solution

Strand

Engineering, Technology, and Applications of Science (ETS)

Standard

ETS1 Engineering Design

Childhood

Grade 3

Grade 4

Grade 5

Performance Expectations

3-5-ETS1-1 Define a simple design problem reflecting a need or a want that includes specified criteria for success and constraints on materials, time, or cost.

Asking Questions and Defining Problems, Defining and Delimiting Engineering Problems, Influence of Engineering, Technology, and Science on Society and the Natural World

3-5-ETS1-2 Generate and compare multiple possible solutions to a problem based on how well each is likely to meet the criteria and constraints of the problem.

Constructing Explanations and Designing Solutions, Developing Possible Solutions, Influence of Engineering, Technology, and Science on Society and the Natural World

3-5-ETS1-3 Plan and carry out fair tests in which variables are controlled and failure points are considered to identify aspects of a model or prototype that can be improved.

Planning and Carrying out Explanations, Developing Possible Solutions, Optimizing the Design Solution

Strand

Engineering, Technology, and Applications of Science (ETS)

Standard

ETS1 Engineering Design

Early Adolescence

Grades 6-8

Performance Expectations

MS-ETS1-1 Define the criteria and constraints of a design problem with sufficient precision to ensure a successful solution, taking into account relevant scientific principles and potential impacts on people and the natural environment that may limit possible solutions.

Further explanation: To solve a problem it needs to have clearly defined set goals and limits. The more limitations applied to a problem, the more elegant and successful the solution is likely to be. Limitations would take into account potential impacts on the environment, social/cultural norms, and allowable interactions. The application of science principles is to be used as a tool to verify solutions. Examples could include hydroelectric dams as a viable, cost effective and ecologically friendly way to generate electrical power. However, the dam holds fish populations from traveling freely through the environment. There is a need to provide a safe way for aquatic life to pass by the hydroelectric turbine in a way that does not impact the electrical generation, the original water flow of the river dammed, is cost effective to existing dam models, and has no negative impact on human populations.

Asking questions and defining problems, defining and delimiting engineering problems, influence of science, engineering, and technology on society and the natural world

MS-ETS1-2 Evaluate competing design solutions using a systematic process to determine how well they meet the criteria and constraints of the problem.

Further explanation: When designing a solution to a problem, there need to be many possible solutions explored, tested, verified, and compared, and the use of some tool to determine the validity of competing designs in meeting the design criteria. These tools would be used to make testing data understandable, comparable, and accessible.

Engaging in argument from evidence, developing possible solutions

MS-ETS1-3 Analyze data from tests to determine similarities and differences among several design solutions to identify the best characteristics of each that can be combined into a new solution to better meet the criteria for success.

Further explanation: Testing and data is used to evaluate the solutions or part of the solutions that best solve the given problem. The data needs to be assessed and then used to modify, combine, and deny solutions and then retested to arrive at the best possible solution within the constraints of the problem. Examples could include tables, graphs, matrices, check lists, spreadsheets, public polls, Venn diagrams, mathematical models, etc.

Analyzing and interpreting data, developing possible solutions, optimizing design solution

MS-ETS1-4 Develop a model to generate data for iterative testing and modification of a proposed object, tool, or process such that an optimal design can be achieved.

Further explanation: Developing the proper test to verify which solutions meet and which excel when applied against the constraints. That test is then applied to a prototype or model to allow faults to be identified and then corrected, frequently the combination of two or more solutions can produce a better solution and then retest it to see if it is the best solution. Examples could include materials science testing (shear strength, compression testing, tension testing, etc.), weather testing (temperature, rain, snow, wind, sun exposure), wind tunnel, failure or destructive testing, mathematical models, etc.

Developing and using models, developing possible solutions, optimizing design solution

Strand

Engineering, Technology, and Applications of Science (ETS)

Standard

ETS1 Engineering Design

Adolescence

Grades 9-Diploma

Performance Expectations

HS-ETS1-1 Analyze a major global challenge to specify qualitative and quantitative criteria and constraints for solutions that account for societal needs and wants.

Further explanation: Examples of challenges include local and global climate change issues, biodiversity loss or United Nations sustainable development goals.

Asking Questions and Defining Problems, Defining and Delimiting Engineering Problems

HS-ETS1-2 Design a solution to a complex real-world problem by breaking it down into smaller, more manageable problems that can be solved through engineering.

Further explanation: Examples could include transportation issues, dams, green energy and wind power in Maine.

Constructing Explanations and Designing Solutions, Optimizing the Design Solution

HS-ETS1-3 Evaluate a solution to a complex real-world problem based on prioritized criteria and trade-offs that account for a range of constraints, including cost, safety, reliability, and aesthetics, as well as possible social, cultural, and environmental impacts.

Further explanation: Examples could include lobstering and exports of lobster, dry wells and water conservation in Maine, or saltwater intrusion in coastal Maine wells.

Constructing Explanations and Designing Solutions, Developing Possible Solutions

HS-ETS1-4 Use a computer simulation to model the impact of proposed solutions to a complex real-world problem with numerous criteria and constraints on interactions within and between systems relevant to the problem.

Using Mathematics and Computational Thinking, Developing Possible Solutions, Systems and System Models

SOCIAL STUDIES

Introduction

The great architects of American public education, such as Thomas Jefferson, Horace Mann, and John Dewey, believed that every student must be well versed in our nation's history, the principles and practices which support and sustain citizenship, and the institutions that define our government. Understandings of commerce and geography were critical to their thinking as well. In essence, Jefferson, Mann, and Dewey viewed the study of social studies as critical to the mission of public schools. According to the National Council for the Social Studies: advocates of citizenship education cross the political spectrum, but they are bound by a common belief that our democratic republic will not sustain unless students are aware of their changing cultural and physical environments; know the past; read, write, and think deeply; and act in ways that promote the common good . (C3 Framework for Social Studies, 2013).

A strong Social Studies education depends upon a clear understanding of its interrelated disciplines and inclusion of Maine’s Guiding Principles. Without knowledge of the geography and economics of earlier times, history offers only lists of people, events, and dates. Without knowledge of history, the institutions of American government and the dynamics of today's global economy are difficult to understand. Although social studies curricula vary in their breadth and depth, the Social Studies Standards reflect a focus on government, history, geography, personal finance and economics as the pillars of the content, with other disciplines within the social sciences deemed important, but not essential.

Guiding Principles

The Guiding Principles guide education in Maine and should be reflected throughout Social Studies curriculum. Examples of how students can show evidence of those guiding principles in Social Studies may include:

Clear and Effective Communicator: Students research and use background knowledge to give audiovisual presentations about current and historical issues.

Self-Directed and Lifelong Learner: Students generate questions and explore primary and secondary sources to answer those questions while demonstrating a growth mindset.

Creative and Practical Problem Solver: Students draw conclusions about current and historical problems using valid research and critical thinking.

Responsible and Involved Citizen: Students practice and apply the duties of citizenship through the exercise of constitutional rights.

Integrative and Informed Thinker: Students compare and contrast to analyze point of view and differentiate between reliable and unreliable primary and secondary sources.

Performance Expectations that include the application of the Guiding Principles through Social Studies knowledge and skills are denoted in the standards with an asterisk (*).

Skills in Social Studies:

The application of skills in Social Studies is crucial to any curriculum. Best practices in Social Studies reflect curriculum, instruction, and assessment that give students opportunities to demonstrate research and develop positions on current Social Studies issues. Students will be asked to identify key words and concepts related to research questions and locate and access information by using text features. Additionally, students will demonstrate facility with note-taking, organizing information, and creating bibliographies. Students will distinguish between primary and secondary sources as well as evaluate and verify the credibility of the information found in print and non-print sources. Equally important is that students use additional sources to resolve contradictory information.

Key Ideas in the Social Studies Standards:

Growth mindset - Our mindset includes beliefs about our abilities and qualities that include intelligence, creativity or musicality. Having a growth mindset means that students know that their abilities and strengths can change or develop, and that those changes are within their control.

Understand - The word “understand” appears in performance expectations throughout the Social Studies Standards. It refers to a variety of different levels of thinking and was used intentionally to serve as an umbrella term for the cognitive demand that is described by the descriptors beneath the performance expectations. Look to the grade level expectation for grades K-5 or to the grade span expectations in spans 6-8 and 9-12 (Foundational or Developmental as noted by “F” or “D”) to define the level of cognitive demand for student performance.

Various -The Social Studies Standards refer to “various" peoples, nations, regions of the world, historical eras, and enduring themes. School administrative units should develop a local curriculum that assists students in gaining a coherent, broad perspective on a variety of peoples, nations, regions, historical eras, and enduring themes.

Major Enduring Themes - The term “major enduring themes” is used in several places in the Social Studies Standards. This term refers to general topics or issues that have been relevant over a long period of time. Using a consistent set of themes can serve as a framework within which other concepts, topics, and facts can be organized. It can also help students make connections between events within and across historical eras, and use history to help make informed decisions. The Civics and Government, Personal Finance and Economics, Geography, and History Standards all include performance expectations that address individual, cultural, international, and global connections. It will be up to the School Administrative Units to determine whether they use these performance expectations as an opportunity to integrate across the disciplines of the social studies or address them separately. The “enduring themes,” some of which overlap, include:

Freedom and Justice

Conflict and Compromise

Technology and Innovation

Unity and Diversity

Continuity and Change Over Time

Supply and Demand

Eras – School Administrative Units (SAU) should develop a coherent curriculum that provides students with a balanced exposure to the major eras of United States and World History. The term “various eras” in this document refers to those eras that are selected by an SAU to build a cohesive, balanced understanding. The “eras,” some of which overlap, include:

Eras in United States History*

Eras in World History*

1. Beginnings to 1607: Migration, contact, and exchange between Native Americans, Africans, and Europeans.

2. 1607 to 1754: Conflict and competition -- Europeans and Native Americans; emergence of distinctive Colonial and Native societies.

3. 1754 to 1800: Social, political, and economic tensions -- Revolution and the Early National Period.

4. 1800 to 1848: Defining and extending democratic ideals during rapid economic, territorial, and demographic changes.

5. 1844 to 1877: Regional tensions and civil war.

6. 1865 to 1898: Move from agricultural to industrialized society.

7. 1890 to 1945: Domestic and global challenges; debate over Government’s role and the role of the US in the world.

8. 1945 to 1980: Challenges with prosperity, living up to ideals, and unfamiliar international responsibilities.

9. 1980 to present: Cultural debates, adaptation to economic globalization and revolutionary changes in science and technology.

• All eras are circa.

1. Beginnings to 600 BCE: Technological and environmental transformations.

2. 600 BCE to 600 CE: Organization and reorganization of human societies.

3. 600 to 1450: Regional and interregional interactions.

4. 1450 to 1750: Political, social, economic and global interactions led to revolutions.

5. 1750 to 1900: Industrialization and global integration.

6. 1900 to present: Accelerating global change and realignments.

Spiraling K-12 - A course of study in which students will see the same topics throughout their school career, with each encounter increasing in complexity and reinforcing previous learning. The Social Studies Standards and performance expectations have been created in order to reflect a progression of increasing complexity from K-5 and between the 6-8, and 9-diploma grade spans.

Maine Statutes Related to Social Studies

Title 20-A: Education §4722. High school diploma standards.

1. Minimum instructional requirements. A comprehensive program of instruction must include a minimum 4-year program that meets the curriculum requirements established by this chapter and any other instructional requirements established by the commissioner and the school board. [2009, c. 313, §15 (AMD).]

2. Required subjects. Courses in the following subjects shall be provided in separate or integrated study programs to all students and required for a high school diploma: …. Social studies and history, including American history, government, civics and personal finance--2 years; [2013, c. 244, §1 (AMD).]

Title 20-A MRSA §4706, as amended by PL 1991, c. 655, §4, is further amended to read:

§4706. Instruction in American history, Maine studies and Maine Native American history.

The following subjects are required: …. Maine Studies… American History… Maine Native American history (including Maine tribal governments, Maine Native American culture, Maine Native American territories, and Maine Native American economic systems). Maine Native American history and culture must be taught in all elementary and secondary schools, both public and private.

Maine Native Americans - The phrase “Maine Native Americans” refers to the four Maine Native American tribes – the Penobscot, the Passamaquoddy, the Micmac, and the Maliseet.

Strand

Civics & Government

Standard

Students draw on concepts from civics and government to understand political systems, power, authority, governance, civic ideals and practices, and the role of citizens in the community, Maine, the United States, and the world.

Childhood

Kindergarten

Grade 1

Grade 2

Performance Expectations

Civics & Government 1: Students understand key ideas and processes that characterize democratic government in the community and the United States by identifying community workers and volunteers and the roles they play in promoting the common good.

Civics & Government 2: Students understand key ideas and processes that characterize democratic government in the community and the United States by recognizing symbols, monuments, celebrations, and leaders of local government.

Civics & Government 3: Students understand the concepts of rights, duties, responsibilities, and participation by explaining the purpose of school/classroom rules and local laws encountered in daily experiences to promote the common good and the peaceful resolution of conflict.

Civics & Government 4: Students understand the concepts of rights, duties, responsibilities, and participation by describing classroom rights, duties, and responsibilities including how students participate in some classroom decisions and are obliged to follow classroom rules.

Civics & Government 5: Students understand civic aspects of classroom traditions and decisions by identifying and comparing diverse interests and opinions related to classroom traditions and decisions.

Civics & Government 1: Students understand key ideas and processes that characterize democratic government in the community and the United States by recognizing symbols, monuments, celebrations, and leaders of State government.

Civics & Government 2: Students understand the concepts of rights, duties, responsibilities, and participation by explaining the purpose of school/classroom rules and state laws encountered in daily experiences to promote the common good and the peaceful resolution of conflict.

Civics & Government 3: Students understand Maine Native Americans by explaining their traditions and customs.

Civics & Government 1: Students understand key ideas and processes that characterize democratic government in the community and the United States by describing and providing examples of democratic ideals

Civics & Government 2: Students understand key ideas and processes that characterize democratic government in the community and the United States by recognizing symbols, monuments, celebrations, and leaders of national government.

Civics & Government 3: Students understand the concepts of rights, duties, responsibilities, and participation by explaining the purpose of school/classroom rules and national laws encountered in daily experiences to promote the common good and the peaceful resolution of conflict through selecting, planning, and participating in a civic action or service-learning project based on a classroom or school asset or need, and describing the project’s potential civic contribution. *

Civics & Government 4: Students understand the traditions of Maine Native Americans and various cultures by comparing national traditions and customs.

Strand

Civics & Government

Standard

Students draw on concepts from civics and government to understand political systems, power, authority, governance, civic ideals and practices, and the role of citizens in the community, Maine, the United States, and the world.

Childhood

Grade 3

Grade 4

Grade 5

Performance Expectations

Civics & Government 1: Students understand the basic ideals, purposes, principles, structures, and processes of democratic government in Maine and the United States by explaining that the study of government includes how governments are organized and how citizens participate.

Civics & Government 2: Students understand the basic ideals, purposes, principles, structures, and processes of democratic government in Maine and the United States by explaining how leaders are elected and how laws are made and implemented.

Civics & Government 3: Students understand the basic rights, duties, responsibilities, and roles of citizens in a democratic republic by identifying the rights, duties, and responsibilities of citizens within the class, school, or community.

Civics & Government 4: Students understand the basic rights, duties, responsibilities, and roles of citizens in a democratic republic by providing examples of how people influence government and work for the common good including voting and writing to legislators.

Civics & Government 5: Students understand civic aspects of unity and diversity in the daily life of various cultures in Maine and the United States by identifying examples of unity (sameness) and diversity (variety).

Civics & Government 6: Students understand civic aspects of unity and diversity in the daily life of Maine Native Americans and other various cultures in Maine by describing civic beliefs and activities in the daily life of diverse cultures of Maine.

Civics & Government 1: Students understand the basic ideals, purposes, principles, structures, and processes of democratic government in Maine and the United States by explaining and providing examples of democratic ideals and constitutional principles to include the rule of law, legitimate power, and common good.

Civics & Government 2: Students understand the basic ideals, purposes, principles, structures, and processes of democratic government in Maine by explaining and giving examples of governmental structures including the legislative, executive, and judicial branches and the local and State levels of government.

Civics & Government 3: Students understand the basic ideals, purposes, principles, structures, and processes of democratic government in Maine by explaining that the structures and processes of government are described in documents, including the Constitution of Maine.

Civics & Government 4: Students understand the basic rights, duties, responsibilities, and roles of citizens in a democratic republic by providing examples of how people influence government and work for the common good, including selecting, planning, and participating in a civic action or service-learning project based on a classroom, school, or local community asset or need, and describe evidence of the project’s effectiveness and civic contribution. *

Civics & Government 5: Students understand civic aspects of unity and diversity in the daily life of various cultures in Maine and the United States, by identifying examples of unity and diversity in the United States that relate to how laws protect individuals or groups to support the common good.

Civics & Government 6: Students understand civic aspects of unity and diversity in the daily life of various cultures in the United States by describing civic beliefs and activities in the daily life of diverse cultures.

Civics & Government 1: Students understand the basic ideals, purposes, principles, structures, and processes of democratic government in Maine and the United States by explaining that the structures and processes of government are described in documents, including the Constitution of the United States.

Civics & Government 2: Students understand the basic ideals, purposes, principles, structures, and processes of democratic government in Maine and the United States by explaining and giving examples of governmental structures including the legislative, executive, and judicial branches at national levels of government.

Civics & Government 3: Students understand the basic rights, duties, responsibilities, and roles of citizens in a democratic republic by identifying and describing the United States Constitution and Bill of Rights as documents that establish government and protect the rights of the individual United States citizen.

Civics & Government 4: Students understand the basic rights, duties, responsibilities, and roles of citizens in a democratic republic by providing examples of how people influence government and work for the common good, including engaging in civil disobedience.

Civics & Government 5: Students understand civic aspects of unity and diversity in the daily life of various cultures in the world, by identifying examples of unity and diversity in the United States that relate to how laws protect individuals or groups to support the common good.

Civics & Government 6: Students understand civic aspects of unity and diversity in the daily life of various cultures of the world by describing civic beliefs and activities in the daily life of diverse cultures.

Strand

Civics & Government

Standard

Students draw on concepts from civics and government to understand political systems, power, authority, governance, civic ideals and practices, and the role of citizens in the community, Maine, the United States, and the world.

Early Adolescence

Grades 6-8

Performance Expectations

Civics & Government 1: Students understand the basic ideals, purposes, principles, structures, and processes of constitutional government in Maine and the United States as well as examples of other forms of government in the world by:

(F1) Explaining that the study of government includes the structures and functions of government and the political and civic activity of citizens.

(F2) Describing the structures and processes of United States government and government of the State of Maine and how these are framed by the United States Constitution, the Maine Constitution, and other primary sources.

(F3) Explaining the concepts of federalism and checks and balances and the role these concepts play in the governments of the United States and Maine as framed by the United States Constitution, the Maine Constitution and other primary sources.

(D1) Comparing the structures and processes of United States government with examples of other forms of government.

(D2) Comparing how laws are made in Maine and at the federal level in the United States.

(D3) Analyze examples of democratic ideals and constitutional principles that include the rule of law, legitimate power, and common good.

Civics & Government 2: Students understand constitutional and legal rights, civic duties and responsibilities , and roles of citizens in a constitutional democracy by:

(F1) Explaining the constitutional and legal status of "citizen" and provide examples of rights, duties, and responsibilities of citizens.

(F2) Describing how the powers of government are limited to protect individual rights and minority rights as described in the United States Constitution and the Bill of Rights.

(D1) Analyzing examples of the protection of rights in court cases or from current events.

(D2) Analyzing how people influence government and work for the common good including voting, writing to legislators, performing community service, and engaging in civil disobedience through selecting, planning, and implementing a civic action or service-learning project based on a school, community, or state asset or need, and analyze the project’s effectiveness and civic contribution. *

Civics & Government 3: Students understand political and civic aspects of cultural diversity by:

(F1) Explaining basic civic aspects of historical and/or current issues that involve unity and diversity in Maine, the United States, and other nations.

(F2) Describing the political structures and civic responsibilities of the diverse historic and current cultures of Maine, including Maine Native Americans.

(D1) Explaining constitutional and political aspects of historical and/or current issues that involve unity and diversity in Maine, the United States, and other nations.

(D2) Describing the political structures and civic responsibilities of the diverse historic and current cultures of the United States and the world.

Strand

Civics & Government

Standard

Students draw on concepts from civics and government to understand political systems, power, authority, governance, civic ideals and practices, and the role of citizens in the community, Maine, the United States, and the world.

Adolescence

Grades 9-Diploma

Performance Expectations

Civics & Government 1: Students understand the ideals, purposes, principles, structures, and processes of constitutional government in the United States and in the American political system, as well as examples of other forms of government and political systems in the world by:

(F1) Explaining that the study of government includes the structures , functions, institutions, and forms of government.

(F2) Explaining how and why democratic institutions and interpretations of democratic ideals and constitutional principles change over time.

(F3) Describing the purpose, structures, and processes of the American political system .

(D1) Evaluating and comparing the relationship of citizens with government in the United States and other regions of the world.

(D2) Evaluating current issues by applying democratic ideals and constitutional principles of government in the United States, including checks and balances, federalism, and consent of the governed as put forth in founding documents .

(D3) Comparing the American political system with examples of political systems from other parts of the world.

Civics & Government 2: Students understand the constitutional and legal rights , the civic duties and responsibilities, and roles of citizens in a constitutional democracy and the role of citizens living under other forms of government in the world by:

(F1) Explaining the relationship between constitutional and legal rights , and civic duties and responsibilities in a constitutional democracy.

(F2) Evaluating the relationship between the government and the individual as evident in the United States Constitution, the Bill of Rights, and landmark court cases.

(F3) Evaluating how people influence government and work for the common good, including voting, writing to legislators, performing community service, and engaging in civil disobedience.

(D1) Comparing the rights, duties, and responsibilities of United States citizens with those of citizens from other nations.

(D2) Analyzing the constitutional principles and the roles of the citizen and the government in major laws or cases.

Civics & Government 3: Students understand political and civic aspects of cultural diversity by:

(F1) Explaining basic civic aspects of historical and/or current issues that involve unity and diversity in Maine, the United States, and other nations.

(F2) Describing the political structures and civic responsibilities of the diverse historic and current cultures of Maine, including Maine Native Americans.

(D1) Analyzing constitutional and political aspects of historical and/or current issues that involve unity and diversity in Maine, the United States, and other nations through selecting, planning, and implementing a civic action or service-learning project based on a community, school, state, national, or international asset or need, and evaluate the project’s effectiveness and civic contribution. *

(D2) Analyzing the political structures, political power, and political perspectives of the diverse historic and current cultures of the United States and the world.

Strand

Personal Finance & Economics

Standard

Students draw from concepts and processes in personal finance to understand issues of money management, saving, investing, credit, and debt; students draw from concepts and processes in economics to understand issues of production, distribution, consumption in the community, Maine, the United States, and the world.

Childhood

Kindergarten

Grade 1

Grade 2

Performance Expectations

Personal Finance: Students understand the nature of personal finance as well as key foundational ideas by describing how money has value and can be traded for goods and services.

Economics: Students understand the nature of economics as well as key foundational ideas by describing how people make choices to meet their needs and wants.

Global Connections: Students understand the influence of economics on individuals and groups in the United States and the World, including Maine Native Americans, by identifying how individuals, families, and communities are part of an economy.

Personal Finance: Students understand the nature of personal finance as well as key foundational ideas by describing how spending, saving, and sharing are ways to use money.

Economics: Students understand the nature of economics as well as key foundational ideas by explaining and making decisions about how to use scarce resources to meet their needs and wants. *

Global Connections: Students understand the influence of economics on individuals and groups in the United States and the World, including Maine Native Americans by identifying how individuals, families, and communities are influenced by economic factors.

Personal Finance: Students understand the nature of personal finance as well as key foundational ideas by describing how planning for the future is important to managing money.

Economics: Students understand the nature of economics as well as key foundational ideas by explaining how people make choices about how to use scarce resources and make individual and collaborative plans to meet their own needs and wants. *

Global Connections: Students understand the influence of economics on individuals and groups in the United States and the World, including Maine Native Americans by describing the work and contributions of various groups to the economics of the local community in the past and present.

Strand

Personal Finance & Economics

Standard

Students draw from concepts and processes in personal finance to understand issues of money management, saving, investing, credit, and debt; students draw from concepts and processes in economics to understand issues of production, distribution, consumption in the community, Maine, the United States, and the world.

Childhood

Grade 3

Grade 4

Grade 5

Performance Expectations

Personal Finance: Students understand the nature of personal finance as well as key foundational ideas by describing situations in which personal choices are related to the use of money.

Economics: Students understand economics and the basis of the economies of the community, Maine, the United States, and various regions of the world by explaining how scarcity leads to choices about what goods and services are produced and for whom they are produced.

Global Connections: Students understand economic aspects of unity and diversity in the community, Maine, and regions of the United States and the world, including Maine Native American communities by describing economic similarities and differences within the community, Maine, and the United States.

Personal Finance: Students understand the principles and process of personal finance by describing situations in which financial institutions can be used to manage money.

Economics: Students understand economics and the basis of the economies of the community, Maine, the United States, and various regions of the world by explaining how scarcity leads to choices about how goods and services are consumed and distributed, and by making a real or simulated decision related to scarcity. *

Global Connections: Students understand economic aspects of unity and diversity in the community, Maine, and regions of the United States and the world, including Maine Native American communities by identifying economic processes, economic institutions, and economic influences related to Maine Native Americans and various cultures in the United States and the world.

Personal Finance: Students understand the principles and process of personal finance by describing situations in which choices are related to the use of financial resources and financial institutions.

Economics: Students understand the basis of the economies of the community, Maine, the United States, and various regions of the world by examining different ways producers of goods and services help satisfy the wants and needs of consumers in a market economy by using entrepreneurship, natural, human and capital resources, as well as collaborating to make a decision. *

Global Connections: Students understand economic aspects of unity and diversity in the community, Maine, and regions of the United States and the world, including Maine Native American communities, by explaining economic processes, economic institutions, and economic influences related to Maine Native Americans and various cultures in the United States and the world.

Strand

Personal Finance & Economics

Standard

Students draw from concepts and processes in personal finance to understand issues of money management, saving, investing, credit, and debt; students draw from concepts and processes in economics to understand issues of production, distribution, consumption in the community, Maine, the United States, and the world.

Early Adolescence

Grades 6-8

Performance Expectations

Personal Finance: Students understand the principles and processes of personal finance by:

(F1) Explaining how scarcity influences choices and relates to the market economy.

(F2) Identifying factors that contribute to spending and savings decisions.

(D1) Using a process for making spending and savings decisions based on work, wages, income, expenses, and budgets as they relate to the study of individual financial choices. *

Economics: Students understand the principles and processes of personal economics, the influence of economics on personal life and business, and the economic systems of Maine, the United States, and various regions of the world by:

(F1) Describing the functions of financial institutions.

(F2) Describing the function and process of taxation.

(D1) Explaining how scarcity requires choices and relates to the market economy, entrepreneurship, supply and demand.

Global Connections: Students understand economic aspects of unity and diversity in Maine, the United States, and various world cultures, including Maine Native Americans, by:

(F1) Researching the pros and cons of economic processes, economic institutions, and economic influences of diverse cultures, including Maine Native Americans, various historical and recent immigrant groups in the United States, and various cultures in the world to propose a solution to an economic problem. *

(D1) Describing factors in economic development, and how states, regions, and nations have worked together to promote economic unity and interdependence.

Strand

Personal Finance & Economics

Standard

Students draw from concepts and processes in personal finance to understand issues of money management, saving, investing, credit, and debt; students draw from concepts and processes in economics to understand issues of production, distribution, consumption in the community, Maine, the United States, and the world.

Adolescence

Grades 9-Diploma

Performance Expectations

Personal Finance: Students understand the principles and process of personal finance by:

(F1) Explaining how personal finance involves the use of economics as the basis for saving, investing and managing money.

(F2) Identifying factors that impact consumer credit.

(D1) Evaluating ways credit can be used.

(D2) Evaluating different strategies for money and risk management.

Economics: Students understand the principles and processes of personal economics, the role of markets, the economic system of the United States, other economic systems in the world, and how economics serves to inform decisions in the present and future by:

(F1) Analyzing the role of financial institutions, the financial markets, and government including fiscal, monetary, and trade policies.

(F2) Identifying and explaining various economic indicators and how they represent and influence economic activity.

(D1) Analyzing economic activities and policies in relationship to freedom, efficiency, equity, security, growth, and sustainability.

(D2) Explaining and applying the concepts of specialization, economic interdependence, and comparative advantage.

(D3) Proposing a solution to a problem using the theory of supply and demand. *

Global Connections: Students understand economic aspects of unity and diversity in Maine, the United States, and the world, including Maine Native American communities, by:

(F1) Comparing a variety of economic systems and strategies of economic development.

(F1) Analyzing how resource distribution effects wealth, poverty, and other economic factors.

(D2) Analyzing multiple views on how resource distribution has affected wealth, poverty, and other economics factors and present an argument as to the role of regional, international, and global organizations that are engaged in economic development. *

Strand

Geography

Standard

Students draw on concepts and processes from geography to understand issues involving people, places, and environments in the community, Maine, the United States, and the world.

Childhood

Kindergarten

Grade 1

Grade 2

Performance Expectations

Geography 1: Students understand the nature and basic ideas of geography byidentifying questions about their world and explaining that geography is the study of the Earth’s surface and peoples. *

Geography 2:Students understand the influence of geography on individuals and their immediate surroundings by identifying the impacts of geographic features on individuals and families.

Geography 1: Students understand the nature and basic ideas of geography by gathering information about their immediate neighborhood and community, including maps, photographs, charts and graphs, and then create visual representations of their findings. *

Geography 2: Students understand the influence of geography on communities by identifying the impacts of geographic features on communities.

Geography 1: Students understand the nature and basic ideas of geography by using basic maps and globes to identify local and distant places and locations , directions (including N, S, E, and W), and basic physical, environmental, and cultural features.

Geography 2: Students understand the influence of geography on individuals and groups in Maine, including Maine Native Americans, the United States and the worldby identifying the impacts of geographic features on individuals and groups in those communities.

Strand

Geography

Standard

Students draw on concepts and processes from geography to understand issues involving people, places, and environments in the community, Maine, the United States, and the world.

Childhood

Grade 3

Grade 4

Grade 5

Performance Expectations

Geography 1: Students understand the geography of the community, Maine, the United States, and various regions of the world by explaining that geography includes the study of Earth’s physical features including climate and the distribution of plant, animal, and human life.

Geography 2: Students understand geographic aspects of unity and diversity in the community and in Maine, including Maine Native American communities by collecting, evaluating, and organizing information about the impacts of geographic features on the daily life of various cultures, including Maine Native Americans and other cultures and communities. *

Geography 1: Students understand the geography of the community, Maine, the United States, and various regions of the world by communicating their findings by creating visual representations of the world, showing a basic understanding of the geographic grid , including the equator and prime meridian. *

Geography 2: Students understand geographic aspects of unity and diversity in various regions of the United States and the world by describing impacts of geographic features on the daily life of various cultures in the United States and the world.

Geography 1: Students understand the geography of the community, Maine, the United States, and various regions of the world by identifying the Earth’s major geographic features such as continents, oceans, major mountains, and rivers using a variety of geographic tools including digital mapping tools; and by explaining examples of changes in the Earth’s physical features and their impact on communities and regions.

Geography 2: Students understand geographic aspects of unity and diversity in the community, Maine, and regions of the United States and the world, including Maine Native American communities, by identifying examples through inquiry of how geographic features unify communities and regions as well as support diversity using print and non-print sources. *

Strand

Geography

Standard

Students draw on concepts and processes from geography to understand issues involving people, places, and environments in the community, Maine, the United States, and the world.

Early Adolescence

Grades 6-8

Performance Expectations

Geography 1: Students understand the geography of the community, Maine, the United States, and various regions of the world and the geographic influences on life in the past, present, and future by :

(F1) Using the geographic grid and a variety of types of maps, including digital sources, to locate and access relevant geographic information that reflects multiple perspectives. *

(F2) Identifying the major regions of the Earth and their major physical features and political boundaries using a variety of geographic tools including digital tools and resources. *

(F3) Evaluating a geographic issue of physical, environmental, or cultural importance. *

(D1) Identifying consequences of geographic influences through inquiry and formulating predictions.

(D2) Describing the impact of change on the physical and cultural environment.

Geography 2: Students understand geographic aspects of unity and diversity in Maine, the United States, and various world cultures, including Maine Native Americans by :

(F1) Explaining how geographic features have impacted unity and diversity in Maine, the United States, and other nations. *

(D1) Summarizing and interpreting the relationship between geographic features and cultures of Maine Native Americans, and historical and recent immigrant groups in Maine, United States, and the world. *

Strand

Geography

Standard

Students draw on concepts and processes from geography to understand issues involving people, places, and environments in the community, Maine, the United States, and the world.

Adolescence

Grades 9-Diploma

Performance Expectations

Geography 1: Students understand the geography of the United States and various regions of the world and the effect of geographic influences on decisions about the present and future by:

(F1)Analyzing local, national, and global geographic data on physical, environmental, and cultural processes that shape and change places and regions. *

(F2) Evaluating and developing a well-supported position about the impact of change on the physical and cultural environment. *

(D1) Proposing a solution to a geographic issue that reflects physical, environmental, and cultural features at local, state, national, and global levels. *

(D2) Using inquiry to predict and evaluate consequences of geographic influences.

(D3) Describing the major regions of the Earth and their major physical, environmental, and cultural features using a variety of geographic tools including digital tools and resources. *

Geography 2: Students understand geographic aspects of unity and diversity in Maine, the United States, and the world, including Maine Native American communities by:

(F1) Analyzing geographic features that have impacted unity and diversity in the United States and other nations. *

(D1) Summarizing and interpreting the relationship between geographic features and cultures of Maine Native Americans, and historical and recent immigrant groups in Maine, United States, and the world. *

Strand

History

Standard

Students draw on concepts and processes using primary and secondary sources from history to develop historical perspective and understand issues of continuity and change in the community, Maine, the United States, and the world.

Childhood

Kindergarten

Grade 1

Grade 2

Performance Expectations

History 1: Students understand the nature of history by describing history as stories of the past and identifying questions related to social studies. *

History 2: Students understand the nature of history as well as the key foundation of ideas by applying terms such as “before” and “after” in sequencing events.

History 3: Students understand historical aspects of the uniqueness and commonality of individuals and groups, including Maine Native Americans, by explaining how individuals and families share both common and unique aspects of culture, values, and beliefs through stories, traditions, religion, celebrations, or the arts.

History 1: Students understand the nature of history as well as the key foundation of ideas by identifying past, present, and future in stories, pictures, poems, songs, and video.

History 2: Students understand historical aspects of the uniqueness and commonality of individuals and groups, including Maine Native Americans by explaining how individuals and families share both common and unique aspects of culture, values, and beliefs through stories, traditions, religion, celebrations, or the arts. Students organize findings at a developmentally appropriate manner and share gathered information using oral and visual examples *

History 3: Students understand historical aspects of the uniqueness and commonality of individuals and groups, including Maine Native Americans, by describing traditions of Maine Native Americans and various historical and recent immigrant groups and traditions common to all.

History 1: Students understand the nature of history as well as the key foundation of ideas by following an established procedure to locate sources appropriate to reading level* and identifying a few key figures and events from personal history and the history of the community, the state, and the United States, especially those associated with historically-based traditions.

History 2: Students understand the nature of history as well as the key foundation of ideas by creating a brief historical account about family, the local community, or the nation by locating and collecting information from sources including maps, charts, graphs, artifacts, photographs*, or stories of the past.

History 3: Students understand historical aspects of the uniqueness and commonality of individuals and groups, including Maine Native Americans, by describing traditions of Maine Native Americans and various historical and recent immigrant groups and traditions common to all.

Strand

History

Standard

Students draw on concepts and processes using primary and secondary sources from history to develop historical perspective and understand issues of continuity and change in the community, Maine, the United States, and the world.

Childhood

Grade 3

Grade 4

Grade 5

Performance Expectations

History 1: Students understand various major eras in the history of the community, Maine, and the United States by explaining that history includes the study of past human experience based on available evidence from a variety of primary and secondary sources. *

Students make real or simulated decisions related to the local community or civic organizations by applying appropriate and relevant social studies knowledge and skills, including research skills, and other relevant information. *

History 2: Students understand historical aspects of unity and diversity in the community, the state, Maine Native American communities, and the United States by identifying research questions, seeking multiple perspectives from varied sources *, and describing examples in the history of the United States of diverse and shared values and traditions.

History 1: Students understand various major eras in the history of the community, Maine, and the United States by identifying major historical eras, major enduring themes, turning points, events, consequences, persons, and timeframes, in the history of the community, the state, and the United States.

Students make real or simulated decisions related to the state of Maine or civic organizations by applying appropriate and relevant social studies knowledge and skills, including research skills, and other relevant information. *

Students distinguish between facts and opinions/interpretations in sources. *

History 2: Students understand historical aspects of unity and diversity in the community, the state, Maine Native American communities, and the United States by describing various cultural traditions and contributions of Maine Native Americans and various historical and recent immigrant groups in the community and the state.

History 1: Students understand various major eras in the history of the community, Maine, and the United States by tracing and explaining how the history of democratic principles is preserved in historic symbols, monuments, and traditions important in the community, Maine and the United States.

Students make real or simulated decisions related to the United States, world, or civic organizations by applying appropriate and relevant social studies knowledge and skills, including research skills, and other relevant information. *

Students communicate findings from a variety of print and non-print sources, describe plagiarism and demonstrate appropriate citation. *

History 2: Students understand historical aspects of unity and diversity in the community, the state, including Maine Native American communities, by describing various cultural traditions and contributions of Maine Native Americans and other cultural groups within the United States.

Strand

History

Standard

Students draw on concepts and processes using primary and secondary sources from history to develop historical perspective and understand issues of continuity and change in the community, Maine, the United States, and the world.

Early Adolescence

Grades 6-8

Performance Expectations

History 1: Students understand major eras, major enduring themes, and historic influences in the history of Maine, the United States, and various regions of the world by:

(F1) Explaining that history includes the study of past human experience based on available evidence from a variety of primary and secondary sources; and explaining how history can help one better understand and make informed decisions about the present and future. *

(F2) Identifying major historical eras , major enduring themes, turning points, events, consequences, and people in the history of Maine, the United States and various regions of the world. *

(F3) Tracing the history of democratic ideals and constitutional principles and their importance in the history of the United States and the world. *

(F4) Proposing and revising research questions related to a current social studies issue. *

(D1) Analyzing interpretations of historical events that are based on different perspectives and evidence from primary and secondary sources. *

(D2) Analyzing major historical eras , major enduring themes, turning points, events, consequences, and people in the history of Maine, the United States and various regions of the world. *

(D3) Explaining the history of democratic ideals and constitutional principles and their importance in the history of the United States and the world. *

(D4) Making decisions related to the classroom, school, community, civic organization, Maine, or beyond; applying appropriate and relevant social studies knowledge and skills, including research skills, and other relevant information. *

History 2: Students understand historical aspects of unity and diversity in the community, the state, including Maine Native American communities, and the United States by:

(F1) Explaining how both unity and diversity have played and continue to play important roles in the history of Maine and the United States.

(F2) Identifying a variety of cultures through time, including comparisons of native and immigrant groups in the United States, and eastern and western societies in the world.

(F3) Identifying major turning points and events in the history of Maine Native Americans and various historical and recent immigrant groups in Maine, the United States, and other cultures in the world.

(D1) Explaining how both unity and diversity have played and continue to play important roles in the history of the World.

(D2) Comparing a variety of cultures through time, including comparisons of native and immigrant groups in the United States, and eastern and western societies in the world.

(D3) Describing major turning points and events in the history of Maine Native Americans and various historical and recent immigrant groups in Maine, the United States, and other cultures in the world.

Strand

History

Standard

Students draw on concepts and processes using primary and secondary sources from history to develop historical perspective and understand issues of continuity and change in the community, Maine, the United States, and the world.

Adolescence

Grades 9-Diploma

Performance Expectations

History 1: Students understand major eras, major enduring themes, and historic influences in United States and world history, including the roots of democratic philosophy, ideals, and institutions in the world by:

(F1) By explaining that history includes the study of the past based on the examination of a variety of primary and secondary sources and how history can help one better understand and make informed decisions about the present and future. *

(F2) Analyzing and critiquing major historical eras : major enduring themes , turning points, events, consequences, and people in the history of the United States and the implications for the present and future.

(F3) Tracing and critiquing the roots and evolution of democratic ideals and constitutional principles in the history of the United States using historical sources.

(F4) Developing individual and collaborative decisions/plans by considering multiple points of view, weighing pros and cons, building on the ideas of others, and sharing information in an attempt to sway the opinions of others. *

(D1) Analyzing and critiquing varying interpretations of historic people, issues, or events, and explain how evidence from primary and secondary sources is used to support and/or refute different interpretations. *

(D2) Analyzing and critiquing major historical eras : major enduring themes , turning points, events, consequences, and people in the history of the world and the implications for the present and future.

(D3) Tracing and critiquing the roots and evolution of democratic ideals and constitutional principles in the history of the world using historical sources.

(D4) Making a decision related to the classroom, school, community, civic organization, Maine, United States, or international entity by applying appropriate and relevant social studies knowledge and skills, including research skills, ethical reasoning skills, and other relevant information. *

History 2: Students understand historical aspects of unity and diversity in the United States, the world, and Native American communities by:

(F1) Identifying and critiquing issues characterized by unity and diversity in the history of the United States, and describing their effects, using primary and secondary sources. *

(F2) Identifying and analyzing major turning points and events in the history of Native Americans and various historical and recent immigrant groups in the United States, making use of primary and secondary sources. *

(D1) Identifying and critiquing issues characterized by unity and diversity in the history of other nations, and describing their effects, using primary and secondary sources. *

(D2) Making use of primary and secondary sources, identifying and analyzing major turning points and events in the history of world cultures as it pertains to various historical and recent migrant groups. *

Definitions:

Strand: A body of knowledge in a content area identified by a simple title.

Standard: Enduring understandings and skills that students can apply and transfer to contexts that are new to the student.

Performance Expectation: Building blocks to the standard and measurable articulations of what the student understands and can do.

VISUAL AND PERFORMING ARTS

SUMMARY: The Maine Department of Education Regulation 132 - The Maine Learning Results: Parameters for Essential Instruction establishes parameters for essential teaching and learning in grades Kindergarten through Diploma across eight content areas and supports the goals outlined in the Guiding Principles. The Maine Learning Results: Parameters for Essential Instruction will inform the blueprint for item development of the large-scale State assessments aligned to the federal accountability standards found in Maine Department of Education Regulation 131 – The Federal, State, and Local Accountability Standards. High school, middle school, and elementary school programming in Maine’s publicly supported schools must be aligned to the knowledge and skills described in the Maine Learning Results: Parameters for Essential Instruction .

The Maine Department of Education Regulation 132 - The Maine Learning Results: Parameters for Essential Instruction augments and expands upon the content standards for federal accountability (Maine Department of Education Regulation 131: The Maine Federal, State, and Local Accountability Standards) by describing details for essential teaching and learning for eight content areas. These learning goals identify the knowledge and skills required for college, career, and citizenship in the 21^st Century.

THE GUIDING PRINCIPLES – The knowledge and skills described in the Maine Department of Education Regulation 132 support Maine students in achieving the goals established in Maine’s Guiding Principles.The Guiding Principles state that each Maine student must leave school as:

A clear and effective communicator who:

1. Demonstrates organized and purposeful communication in English and at least one other language;
2. Uses evidence and logic appropriately in communication;
3. Adjusts communication based on the audience; and
4. Uses a variety of modes of expression (spoken, written, and visual and performing including the use of technology to create and share the expressions);

A self-directed and lifelong learner who:

1. Recognizes the need for information and locates and evaluates resources;
2. Applies knowledge to set goals and make informed decisions;
3. Applies knowledge in new contexts;
4. Demonstrates initiative and independence;
5. Demonstrates flexibility including the ability to learn, unlearn, and relearn;
6. Demonstrates reliability and concern for quality; and
7. Uses interpersonal skills to learn and work with individuals from diverse backgrounds;

A creative and practical problem solver who: [1995, c. 649, §1 (new).]

1. Observes and evaluates situations to define problems;
2. Frames questions, makes predictions, and designs data/information collection and analysis strategies;
3. Identifies patterns, trends, and relationships that apply to solutions;
4. Generates a variety of solutions, builds a case for a best response and critically evaluates the effectiveness of the response;
5. Sees opportunities, finds resources, and seeks results;
6. Uses information and technology to solve problems; and
7. Perseveres in challenging situations;

A responsible and involved citizen who:

1. Participates positively in the community and designs creative solutions to meet human needs and wants;
2. Accepts responsibility for personal decisions and actions;
3. Demonstrates ethical behavior and the moral courage to sustain it;
4. Understands and respects diversity;
5. Displays global awareness and economic and civic literacy; and
6. Demonstrates awareness of personal and community health and wellness;

An integrative and informed thinker who:

1. Gains and applies knowledge across disciplines and learning contexts and to real life situations with and without technology;
2. Evaluates and synthesizes information from multiple sources;
3. Applies ideas across disciplines; and
4. Applies systems thinking to understand the interaction and influence of related parts on each other and on outcomes.

The visual and performing arts are an essential part of every child’s education. Engagement in a well-rounded visual and performing arts education positively impacts students’ academic, social and emotional outcomes.^[1] Arts education supports lifelong learning and creative problem solving. It enhances a student's understanding of the world around them through multiple viewpoints and critical thinking. Through the arts, students become active and involved citizens who can clearly communicate their thoughts and ideas through various mediums. Arts integration opportunities provide authentic learning experiences for students, connecting the visual and performing arts with other content areas of the curriculum. Research shows that students who are continually involved in visual and performing arts opportunities are more successful in school, more connected within their communities, and perform better academically.

This update of the Maine Learning Results includes separate standards for music, dance, theater, visual arts and media arts. Though Media Arts is a new stand-alone discipline, like other disciplines within the arts, it may be covered in other VPA classrooms or as a stand-alone course.

The National Core Arts Standards (NCAS, 2014) define the arts as Dance, Media Arts, Music, Theatre, and Visual Art. In addition to the NCAS other sources were referenced in the creation of these Maine Standards. The format of this document defines Strands to guide educational practices in each Arts discipline. These Strands form the foundation of educational excellence that support students in their journey from early learning experiences in kindergarten through graduation from high school. Teachers and their learning community are meant to collaborate on these foundational standards. These standards are meant as a foundation for teachers to build upon as districts meet the needs of their students. The standards also provide administrators and district decision-makers with critical information for developing and expanding standards-based arts programs. Standards are process oriented, building on skills and concepts as they progress through the grades. The writing of these standards reflects backward design, the process of designing learning experiences and instructional techniques to achieve learning goals.

A successful visual and performing arts education is supported through highly qualified teachers, schedules that support visual and performing arts, facilities and materials designed for visual and performing arts education, and a strong collaboration between the visual and performing arts and other disciplines. The key to success is a culture within the community and the school that supports a strong arts education. This document is set forth as a guide toward attaining that goal.^[2]

How to Represent the Visual and Performing Arts Standards and Performance Expectations

Standard

Performance Expectation

A.B1.6-8Ad.c

Grade Level/Span (proficient/accomplished/advanced, as appropriate.)

Strand

The Dance Standards

Dance, like language, is found in all human societies. It is an essential component in the process of socialization in all cultures. By honoring personal expression through time and space, dance contributes to the sense of self as no other art form can. Everyone has the instrument of dance - one's own body. Dance education can enhance awareness of the body's physical development, increase recognition of one's place in the physical world, and heighten the sense of self. The human body is the vehicle through which learning occurs. Body and mind are inseparable. In a safe environment, a child is free to discover and rediscover the self. The purpose of dance education is to build on the primitive body movements that begin before birth and to discover and experiment with increasingly more complex interconnections of body and mind, enhancing the physical, intellectual, social and emotional development of the child. Basic dance education plays an important role in this developmental process and should be provided to all children. Such a basic dance education includes opportunities in creative dance, improvisation, choreography, technique, social and contemporary forms and multi-cultural experiences. The use of dance increases the understanding of one's own culture and other cultures of the world. The creativity and discipline of dance contributes to balanced development of the whole person. Maine students need dance education in their public education because: 1) Dance is process-oriented 2) Dance is a tool for self-discovery 3) Dance provides teachers an opportunity to integrate subject matter such as math and social studies into an active learning process 4) Dance provides opportunities for kinetic learners to succeed.

Maine’s Dance Education Heritage ^[3]

Maine has a long history of dance in education. From the dance styles of the Wabanaki nations to the 19th century May Pole dances at "Normal" schools to today's dances inspired by contemporary music or dances from the heritage of New Mainers dance has a profound effect upon children in Maine. Dance in education in Maine has many interweaving strands. As in other states throughout the country, dance in education began in the physical education programs of state and private colleges. Courses in rhythm, folk dance, square dance, and social dance have existed since the 1880s. University and college drama and music programs have included dance events in the training of teachers for many years. Dance in education has been offered through physical education, drama, and music programs; in individual classrooms; through gifted and talented programs; or through school-based programs organized by individuals or groups in the community. Private dance studios throughout the state have provided instruction in such areas as modern dance, ballet, jazz, hip hop, tap, African dance, Latin dance, acrobatics, clogging and ballroom dance. Each dance form has produced offshoots emphasizing increased specialization. A wide variety of dance instruction exists throughout the state of Maine in private studios, however the opportunity for learning in and through dance and creative movement should be accessible to all children through their public education. Public agencies and organizations such as the Maine Arts Commission , the Arts Education Program of the National Endowment for the Arts , The National Dance Education Organization (NDEO) , The Maine Alliance for Arts Education (MAAE) , VSA Maine , Dance Education in Maine Schools (DEMS) , and The Maine Association for Health, Physical Education, Recreation and Dance (MAHPERD) have provided financial and technical support for the development of dance in public education over the years. Maine schools are ready for the development and inclusion of dance in the curriculum. The expression of a child's personal stories through movement and the resulting enhancement of learning, social skills, and self-esteem can be crucial to that child's development.

Strand

1. DANCE

Standard

A1 - Generate and conceptualize artistic ideas and work.

Childhood

Kindergarten

Grade 1

Grade 2

Performance Expectations

1. Respond in movement to a variety of stimuli (for example, music/sound, text, objects, images, symbols, observed dance).

2. Explore different ways to do basic locomotor and non-locomotor movements by changing at least one of the elements of dance.

3. Explore movement inspired by a variety of stimuli (for example, music/sound, text, objects, images, symbols, observed dance, experiences) and identify the source.

4. Explore a variety of locomotor and non-locomotor movements by experimenting with and changing the elements of dance.

5. Explore movement inspired by a variety of stimuli (for example, music/sound, text, objects, images, symbols, observed dance, experiences) and suggest additional sources for movement ideas.

6. Combine a variety of movements while manipulating the elements of dance.

Grade 3

Grade 4

Grade 5

Performance Expectations

1. Experiment with a variety of self-identified stimuli (for example, music/sound, text, objects, images, notation, observed dance, experiences) for movement.

2. Explore a given movement problem. Select and demonstrate a solution.

3. Identify ideas for choreography generated from a variety of stimuli (for example, music/sound, text, objects, images, notation, observed dance, experiences).

4. Develop a movement problem and manipulate the elements of dance as tools to find a solution.

5. Build content for choreography using several stimuli (for example, music/sound, text, objects, images, notation, observed dance, experiences, literary forms, natural phenomena, current news, social events).

6. Construct and solve multiple movement problems to develop choreographic content.

Strand

A. DANCE

Standard

A1 - Generate and conceptualize artistic ideas and work.

Early Adolescence

Grades 6-8

Performance Expectations

1. Implement movement from a variety of stimuli (for example, music, observed dance, literary forms, notation, natural phenomena, personal experience/recall, current news, or social events) to develop dance content for an original dance study or dance.
2. Identify and select personal preferences to create an original dance study or dance. Use genre-specific dance terminology to articulate and justify choices made in movement development to communicate intent.

Adolescence

Grades 9-Diploma Proficient

Grades 9-Diploma Accomplished

Grades 9-Diploma Advanced

Performance Expectations

1. Explore a variety of stimuli for sourcing movement to develop an improvisational or choreographed dance study. Analyze the process and the relationship between the stimuli and the movement.

2. Experiment with the elements of dance to explore personal movement preferences and strengths and select movements that challenge skills and build on strengths in an original dance study or dance.

3. Synthesize content generated from stimulus materials to choreograph dance studies or dances using original or codified movement.

4. Apply personal movement preferences and strengths with the movement vocabulary of several dance styles or genres to choreograph an original dance study or dance that communicates an artistic intent. Compare personal choices to those made by well-known choreographers.

5. Synthesize content generated from stimulus material. Experiment and take risks to discover a personal voice to communicate artistic intent.

6. Expand personal movement preferences and strengths to discover unexpected solutions that communicate the artistic intent of an original dance. Analyze the unexpected solutions and explain why they were effective in expanding artistic intent.

Strand

A. DANCE

Standard

A2 - Organize and develop artistic ideas and work.

Childhood

Kindergarten

Grade 1

Grade 2

Performance Expectations

1. Improvise dance that has a beginning, middle, and end.

2. Express an idea, feeling, or image, through improvised movement moving alone or with a partner.

3. Improvise a series of movements that have a beginning, middle, and end, and describe movement choices.

4. Choose movements that express an idea or emotion, or that follow a musical phrase.

5. Improvise a dance phrase with a beginning, a middle that has a main idea, and a clear end.

6. Choose movements that express a main idea or emotion, or that follow a musical phrase. Explain reasons for movement choices.

Grade 3

Grade 4

Grade 5

Performance Expectations

1. Identify and experiment with choreographic devices to create simple movement patterns and dance structures (for example, AB, ABA, theme and development).

2. Develop a dance phrase that expresses and communicates an idea or feeling. Discuss the effect of the movement choices.

3. Manipulate or modify choreographic devices to expand movement possibilities and create a variety of movement patterns and structures. Discuss movement choices.

4. Develop a dance study that expresses and communicates a main idea. Discuss the reasons and effectiveness of the movement choices.

5. Manipulate or modify a variety of choreographic devices to expand choreographic possibilities and develop a main idea. Explain reasons for movement choices.

6. Develop a dance study by selecting a specific movement vocabulary to communicate a main idea. Discuss how the dance communicates non-verbally.

Grades 6-8

Performance Expectations

1. Collaborate to select and apply a variety of choreographic devices and dance structures to choreograph an original dance study or dance with a clear artistic intent. Articulate the group process for making movement and structural choices.
2. Define and apply artistic criteria to choreograph a dance that communicates personal or cultural meaning. Discuss how the criteria clarify or intensify the meaning of the dance.

Strand

A. DANCE

Standard

A2 - Organize and develop artistic ideas and work.

Adolescence

Grades 9-Diploma Proficient

Grades 9-Diploma Accomplished

Grades 9-Diploma Advanced

Performance Expectations

1. Collaborate to design a dance using choreographic devices and dance structures to support an artistic intent. Explain how the dance structures clarify the artistic intent.

2. Develop an artistic statement for an original dance study or dance. Discuss how the use of movement elements, choreographic devices and dance structures serve to communicate the artistic statement.

3. Work individually and collaboratively to design and implement a variety of choreographic devices and dance structures to develop original dances. Analyze how the structure and final composition inform the artistic intent.

4. Develop an artistic statement that reflects a personal aesthetic for an original dance study or dance. Select and demonstrate movements that support the artistic statement.

5. Demonstrate fluency and personal voice in designing and choreographing original dances. Justify choreographic choices and explain how they are used to intensify artistic intent.

6. Construct an artistic statement that communicates a personal, cultural and artistic perspective.

Strand

1. Dance

Standard

A3 - Refine and complete artistic work.

Childhood

Kindergarten

Grade 1

Grade 2

Performance Expectations

1. Apply suggestions for changing movement through guided improvisational experiences.

2. Depict a dance movement by drawing a picture or using a symbol.

3. Explore suggestions to change movement from guided improvisations and/or short remembered sequences.

4. Depict several different types of movements

5. Explore movement inspired by a variety of stimuli (for example, music/sound, text, objects, images, symbols, observed dance, experiences) and suggest additional sources for movement ideas.

6. Combine a variety of movements while manipulating the elements of dance.

Grade 3

Grade 4

Grade 5

Performance Expectations

1. Experiment with a variety of self-identified stimuli (for example, music/sound, text, objects, images, notation, observed dance, experiences) for movement.

2. Explore a given movement problem. Select and demonstrate a solution.

3. Identify ideas for choreography generated from a variety of stimuli (for example, music/sound, text, objects, images, notation, observed dance, experiences).

4. Develop a movement problem and manipulate the elements of dance as tools to find a solution.

5. Build content for choreography using several stimuli (for example, music/sound, text, objects, images, notation, observed dance, experiences, literary forms, natural phenomena, current news, social events).

6. Construct and solve multiple movement problems to develop choreographic content.

Strand

A. DANCE

Standard

A3 - Refine and complete artistic work.

Early Adolescence

Grades 6-8

Performance Expectations

1. Implement movement from a variety of stimuli (for example, music, observed dance, literary forms, notation, natural phenomena, personal experience/recall, current news, or social events) to develop dance content for an original dance study or dance.
2. Identify and select personal preferences to create an original dance study or dance. Use genre-specific dance terminology to articulate and justify choices made in movement development to communicate intent.

Adolescence

Grades 9-Diploma Proficient

Grades 9-Diploma Accomplished

Grades 9-Diploma Advanced

Performance Expectations

1. Explore a variety of stimuli for sourcing movement to develop an improvisational or choreographed dance study. Analyze the process and the relationship between the stimuli and the movement.

2. Experiment with the elements of dance to explore personal movement preferences and strengths and select movements that challenge skills and build on strengths in an original dance study or dance.

3. Synthesize content generated from stimulus materials to choreograph dance studies or dances using original or codified movement.

4. Apply personal movement preferences and strengths with the movement vocabulary of several dance styles or genres to choreograph an original dance study or dance that communicates an artistic intent. Compare personal choices to those made by well-known choreographers.

5. Synthesize content generated from stimulus material. Experiment and take risks to discover a personal voice to communicate artistic intent.

6. Expand personal movement preferences and strengths to discover unexpected solutions that communicate the artistic intent of an original dance. Analyze the unexpected solutions and explain why they were effective in expanding artistic intent.

Strand

A. DANCE

Standard

B1 - Select, analyze, and interpret artistic work for presentation.

Childhood

Kindergarten

Grade 1

Grade 2

Performance Expectations

1. Make still and moving body shapes that show lines (for example, straight, bent, and curved), levels, and vary in size (large/small).

2. Demonstrate tempo contrasts with movements that match to tempo of sound stimuli.

3. Identify and apply different characteristics to movements (for example, slow, smooth, or wavy).

4. Demonstrate locomotor and non-locomotor movements that change body shapes, levels, and facings. Move in straight, curved, and zig-zagged pathways. Find and return to place in space. Move with others to form straight lines and circles.

5. Relate quick, moderate, and slow movements to duration in time. Recognize steady beat and move to varying tempi of steady beat.

6. Demonstrate movement characteristics along with movement vocabulary (for example, use adverbs and adjectives that apply to movement such as a bouncy leap, a floppy fall, a jolly jump, and joyful spin).

7. Demonstrate clear directionality and intent when performing locomotor and non-locomotor movements that change body shapes, facings, and pathways in space. Identify symmetrical and asymmetrical body shapes and examine relationships between body parts. Differentiate between circling and turning as two separate ways of continuous directional change.

8. Identify the length of time a move or phrase takes (for example, whether it is long or short). Identify and move on the downbeat in duple and triple meter. Correlate metric phrasing with movement phrasing.

9. Select and apply appropriate characteristics to movements (for example, selecting specific adverbs and adjectives and apply them to movements). Demonstrate kinesthetic awareness while dancing the movement characteristics.

Strand

1. DANCE

Standard

B1 - Select, analyze, and interpret artistic work for presentation.

Childhood

Grade 3

Grade 4

Grade 5

Performance Expectations

1. Judge spaces as distance traveled and use space three-dimensionally. Demonstrate shapes with positive and negative space. Perform movement sequences in and through space with intentionality and focus.

2. Fulfill specified duration of time with improvised locomotor and non-locomotor movements. Differentiate between “in time” and “out of time” to music. Perform movements that are the same or of a different time orientation to accompaniment. Use metric and kinesthetic phrasing.

3. Change use of energy and dynamics by modifying movements and applying specific characteristics to heighten the effect of their intent.

4. Make static and dynamic shapes with positive and negative space. Perform elevated shapes (jump shapes) with soft landings and movement sequences alone and with others, establishing relationships with other dancers through focus of eyes.

5. Accompany other dancers using a variety of percussive instruments and sounds. Respond in movement to even and uneven rhythms. Recognize and respond to tempo changes as they occur in dance and music.

6. Analyze movements and phrases for use of energy and dynamic changes and use adverbs and adjectives to describe them. Based on the analysis, refine the phrases by incorporating a range of movement characteristics.

7. Integrate static and dynamic shapes and floor and air pathways into dance sequences. Establish relationships with other dancers through focus of eyes and other body parts. Convert inward focus to outward focus for projecting out to far space.

8. Dance to a variety of rhythms generated from internal and external sources. Perform movement phrases that show the ability to respond to changes in time.

9. Contrast bound and free-flowing movements. Motivate movement from both central initiation (torso) and peripheral initiation (distal) and analyze the relationship between initiation and energy.

Strand

A. DANCE

Standard

B1 - Select, analyze, and interpret artistic work for presentation.

Early Adolescence

Grades 6-8

Performance Expectations

1. Expand movement vocabulary of floor and air pattern designs. Incorporate and modify body designs from different dance genres and styles for the purpose of expanding movement vocabulary to include differently designed shapes and movements for interest and contrast.
2. Vary durational approach in dance phrasing by using timing accents and variations within a phrase to add interest kinesthetically, rhythmically, and visually.
3. Compare and contrast movement characteristics from a variety of dance genres or styles. Discuss specific characteristics and use adverbs and adjectives to describe them. Determine what dancers must do to perform them clearly.

Strand

A. DANCE

Standard

B1 - Select, analyze, and interpret artistic work for presentation.

Adolescence

Grades 9-Diploma Proficient

Grades 9-Diploma Accomplished

Grades 9-Diploma Advanced

Performance Expectations

1. Develop partner and ensemble skills that enable contrasting level changes through lifts, balances, or other means while maintaining a sense of spatial design and relationship. Use space intentionally during phrases and through transitions between phrases. Establish and break relationships with others as appropriate to the choreography.

2. Use syncopation and accent movements related to different tempi. Take rhythmic cues from different aspects of accompaniment. Integrate breath phrasing with metric and kinesthetic phrasing.

3. Connect energy and dynamics to movements by applying them in and through all parts of the body. Develop total body awareness so that movement phrases demonstrate variances of energy and dynamics.

4. Dance alone and with others with spatial intention. Expand partner and ensemble skills to greater ranges and skill. Execute complex floor and air sequences with others while maintaining relationships through focus and intentionality.

5. Perform dance studies and compositions that use time and tempo in unpredictable ways. Use internal rhythms and kinetics as phrasing tools. Dance “in the moment.”

6. Initiate movement phrases by applying energy and dynamics. Vary energy and dynamics over the length of a phrase and transition smoothly out of the phrase and into the next phrase, paying close attention to its movement initiation and energy

7. Use the broadest range of movement in space for artistic and expressive clarity. Use inward and outward focus to clarify movement and intent. Establish and break relationships with other dancers and audience as appropriate to the dance.

8. Modulate time factors for artistic interest and expressive acuity. Demonstrate time complexity in phrasing with and without musical accompaniment. Use multiple and complex rhythms at the same time. Work with and against rhythm of accompaniment or sound environments.

9. Modulate dynamics to clearly express intent while performing dance phrases and choreography. Perform movement sequences expressively using a broad dynamic range and employ dynamic skills for establishing relationships with other dancers and projecting to the audience.

Strand

1. Dance

Standard

B2 - Develop and refine artistic technique and work for presentation.

Childhood

Kindergarten

Grade 1

Grade 2

Performance Expectations

1. Demonstrate same-side and cross-body locomotor and non-locomotor movements, body patterning movements, and body shapes.

2. Move safely in general space and start and stop on cue during activities, group formations, and creative explorations while maintaining personal space.

3. Move body parts in relation to other body parts and repeat and recall movements upon request.

4. Demonstrate a range of locomotor and non-locomotor movements, body patterning, body shapes, and directionality.

5. Move safely in general space through a range of activities and group formations while maintaining personal space.

6. Modify movements and spatial arrangements upon request.

7. Demonstrate a range of locomotor and non-locomotor movements, body patterning, and dance sequences that require moving through space using a variety of different pathways.

8. Move safely in a variety of spatial relationships and formations with other dancers, sharing and maintaining personal space.

9. Repeat movements with an awareness of self and others in space. Self-adjust and modify movements or placement upon request.

Strand

A. DANCE

Standard

B2 - Develop and refine artistic technique and work for presentation.

Childhood

Grade 3

Grade 4

Grade 5

Performance Expectations

1. Replicate body shapes, movement characteristics, and movement patterns in a dance sequence with awareness of body alignment and core support.

2. Adjust body use to coordinate with a partner or other dancers to safely change levels, directions, and pathway designs.

3. Recall movement sequences with a partner or in group dance activities. Apply the teacher’s constructive feedback and self-check to improve dance skills.

4. Demonstrate fundamental dance skills (i.e., alignment, coordination, balance, core support, kinesthetic awareness) and movement qualities when replicating patterns and sequences of locomotor and non-locomotor movements.

5. Execute techniques that extend movement range, build strength, and develop endurance. Explain the relationship between execution of technique, safe body use, and healthful nutrition.

6. Coordinate phrases and timing with other dancers by cueing off each other and responding to stimuli cues (i.e., music, text, lighting). Reflect on feedback from others to inform personal dance performance goals.

7. Recall and execute a series of dance phrases using fundamental dance skills (i.e., alignment, coordination, balance, core support, kinesthetic awareness, clarity of movement).

8. Demonstrate safe body use practices during technical exercises and movement combinations. Discuss how these practices, along with healthful eating habits, promote strength, flexibility, endurance, and injury prevention.

9. Collaborate with peer ensemble members to repeat sequences, synchronize actions, and refine spatial relationships to improve performance quality. Apply feedback from others to establish personal performance goals.

Strand

A. DANCE

Standard

B2 - Develop and refine artistic technique and work for presentation.

Early Adolescence

Grades 6-8

Performance Expectations

1. Incorporate technical dance skills (i.e., functional alignment, coordination, balance, core support, clarity of movement, weight shifts, flexibility/range of motion) to replicate, recall, and execute spatial designs and musical or rhythmic dance phrases.
2. Evaluate personal healthful practices in dance activities and everyday life including nutrition and injury prevention. Discuss choices made, the effects experiences, and methods for improvement.
3. Collaborate with peers to discover strategies for achieving performance accuracy, clarity, and expressiveness. Articulate personal performance goals and practice to reach those goals. Document personal improvement over time (e.g., journaling, portfolio, or timeline.)

Strand

A. DANCE

Standard

B2 - Develop and refine artistic technique and work for presentation.

Adolescence

Grades 9-Diploma Proficient

Grades 9-Diploma Accomplished

Grades 9-Diploma Advanced

Performance Expectations

1. Incorporate technical dance skills (i.e., functional alignment, coordination, balance, core support, clarity of movement, weight shifts, flexibility/range of motion) to retain and execute dance choreography.

2. Develop a plan for healthful practices in dance activities and everyday life including nutrition and injury prevention. Discuss implementation of the plan and how it supports personal performance goals.

3. Collaborate with peers to establish and implement a rehearsal plan to meet performance goals. Use a variety of strategies to analyze and evaluate performances of self and others. Articulate performance goals and justify reasons for selecting particular practice strategies.

4. Dance with sensibility toward other dancers while executing complex spatial, rhythmic, and dynamic sequences to meet performance goals.

5. Apply anatomical principles and healthful practices to a range of technical dance skills for achieving fluency of movement. Follow a personal nutrition plan that supports health for everyday life.

6. Plan and execute collaborative and independent practice and rehearsal processes with attention to technique and artistry, informed by personal performance goals. Reflect on personal achievements.

7. Apply body-mind principles to technical dance skills in complex choreography when performing solo, partnering, or dancing in ensemble works in a variety of dance genres and styles. Self-evaluate performances and discuss and analyze performance ability with others.

8. Research healthful and safe practices for dancers and modify personal practice based on findings. Discuss how research informs practice.

9. Initiate, plan, and direct rehearsals with attention to technical details and fulfilling artistic expression. Use a range of rehearsal strategies to achieve performance excellence.

Strand

1. DANCE

Standard

B3 – Convey meaning through the presentation of artistic work.

Childhood

Kindergarten

Grade 1

Grade 2

Performance Expectations

1. Dance for and with others in a designated space.

2. Select a prop to use as part of a dance.

3. Dance for others in a space where the audience observes from a different space.

4. Explore the use of simple props to enhance performance.

5. Dance for and with others in a space where the audience observes from a different space.

6. Use limited production elements (i.e., hand props, simple scenery, or media projections) to enhance performance.

Grade 3

Grade 4

Grade 5

Performance Expectations

1. Identify the main areas of a performance space using production terminology (i.e., stage right, stage left, upstage, downstage, etc.)

2. Explore simple production elements (i.e., costumes, scenery, props, etc.) in a dance performed for an audience in a designated specific performance space.

3. Consider how to establish a formal performance space from an informal setting (i.e., gymnasium, outside courtyard, etc.)

4. Identify, explore, and experiment with a variety of production elements to heighten the artistic intent and audience experience.

5. Demonstrate the ability to adapt dance to alternative performance venues by modifying spacing and movements to the performance space.

6. Identify, explore, and select production elements that heighten and intensify the artistic intent of a dance that are adaptable to various performance spaces.

Strand

A. DANCE

Standard

B3 – Convey meaning through the presentation of artistic work.

Early Adolescence

Grades 6-8

Performance Expectations

1. Recognize needs and adapt movements to a performance space. Use performance etiquette and practices during class, rehearsal, and performance. Accept post-performance notes from the choreographer and make corrections as needed to apply to future performances.
2. Compare and contrast a variety of possible production elements that would intensify and heighten the artistic intent of the work. Select choices and explain reasons for those selections using production terminology.

Strand

A. DANCE

Standard

B3 – Convey meaning through the presentation of artistic work.

Adolescence

Grades 9-Diploma Proficient

Grades 9-Diploma Accomplished

Grades 9-Diploma Advanced

Performance Expectations

1. Demonstrate leadership qualities (i.e., commitment, dependability, responsibility, cooperation) when preparing performances. Demonstrate performance etiquette and practices during class, rehearsal, and performance. Accept post-performance notes from the choreographer and make corrections as needed for future performances. Document the rehearsal and performance process and evaluate methods and strategies using dance and production terminology.

2. Evaluate possible designs for the production elements of a performance, selecting and executing the ideas that would intensify and heighten the artistic intent of the dances.

3. Demonstrate leadership qualities when preparing performances. Model performance etiquette and practices during class, rehearsal, and performance. Implement performance strategies to enhance projection. Accept post-performance notes from the choreographer and apply corrections to future performances. Document the rehearsal and performance process and evaluate methods and strategies using dance and production terminology.

4. Work collaboratively to produce a dance concert on a stage or alternative space, planning the production elements that would be necessary to fulfill the artistic intent of the dance works.

5. Demonstrate leadership qualities when preparing performances. Model performance etiquette and practices during class, rehearsal, and performance. Enhance performances using a broad repertoire of strategies for dynamic projection. Develop a professional portfolio (e.g., resume and head shot photo) that documents the rehearsal and performance process with fluency in professional dance and production terminology.

6. Work collaboratively to produce dance concerts in a variety of venues, designing and organizing the production elements necessary to fulfill the artistic intent of the dance works.

Strand

1. DANCE

Standard

C1 – Perceive and analyze artistic work.

Childhood

Kindergarten

Grade 1

Grade 2

Performance Expectations

1. Find a movement that repeats in a dance.

2. Demonstrate or describe observed or performed dance movements.

3. Find a movement that repeats in a dance to make a pattern.

4. Demonstrate and describe observed or performed dance movements from a specific genre or culture.

5. Find movements in a dance that develop a pattern.

6. Demonstrate and describe movements in dances from different genres or cultures.

Grade 3

Grade 4

Grade 5

Performance Expectations

1. Find a movement pattern that creates a movement phrase in a dance work.

2. Demonstrate and explain how one dance genre is different from another, or how one cultural movement practice is different from another.

3. Find patterns of movement in dance works that create a style or theme.

4. Demonstrate and explain how dance styles differ within a genre or within a cultural movement practice.

5. Find meaning or artistic intent from the patterns of movement in a dance work.

6. Using basic dance terminology, describe the qualities and characteristics of a style used in a dance from one’s own cultural movement practice. Using basic dance terminology, compare them to the qualities and characteristics of style found in a different dance genre, style, or cultural movement practice.

Strand

A. DANCE

Standard

C1 – Perceive and analyze artistic work.

Early Adolescence

Grades 6-8

Performance Expectations

1. Describe, demonstrate, and discuss patterns of movement and their relationships to dance in the context of artistic intent.
2. Using genre-specific dance terminology, explain how the elements of dance are used in a variety of different genres, styles, or cultural movement practices to communicate intent.

Adolescence

Grades 9-Diploma Proficient

Grades 9-Diploma Accomplished

Grades 9-Diploma Advanced

Performance Expectations

1. Analyze recurring patterns of movement and their relationships in dance in the context of artistic intent.

2. Using genre-specific dance terminology, analyze the use of elements of dance in a variety of different genres, styles, and cultural movement practices within a cultural context to communicate intent.

3. Analyze dance works and provide examples of recurring patterns of movement and their relationships that create structure and meaning in dance.

4. Using genre-specific dance terminology, analyze and compare the movement patterns and their relationships in a variety of different genres, styles, or cultural movement practices and explain how their differences impact communication and intent within a cultural context.

5. Analyze dance works from a variety of dance genres and styles and explain how recurring patterns of movement and their relationships create well-structured and meaningful choreography.

6. Using genre-specific dance terminology, explain how dance communicates aesthetic and cultural values in a variety of genres, styles, and/or cultural movement practices.

Strand

1. Dance

Standard

C2 – Interpret intent and meaning in artistic work.

Childhood

Kindergarten

Grade 1

Grade 2

Performance Expectations

Using simple dance terminology, observe and describe movement.

Using simple dance terminology, select movements from a dance that suggest ideas and explain how the movement captures the idea.

Using simple dance terminology and context clues from movement, identify meaning and intent in a dance.

Grade 3

Grade 4

Grade 5

Performance Expectations

Using basic dance terminology, select specific content clues from movement. Explain how they relate to the main idea of the dance.

Using basic dance terminology, relate movements, ideas, and context to decipher meaning in a dance.

Using basic dance terminology, interpret meaning in a dance based on its movements. Explain how the movements communicate the main idea of the dance.

Early Adolescence

Grades 6-8

Performance Expectations

Using genre-specific dance terminology, explain how the artistic expression of a dance is achieved through the elements of dance, use of body, dance technique, dance structure, and context. Explain how these communicate the intent of the dance.

Adolescence

Grades 9-Diploma Proficient

Grades 9-Diploma Accomplished

Grades 9-Diploma Advanced

Performance Expectations

Using genre-specific dance terminology, select and compare different dances and discuss their intent and artistic expression. Explain how the relationships among the elements of dance, use of body, dance technique, and context enhance meaning and support intent.

Using genre-specific dance terminology, analyze and discuss how the elements of dance, execution of dance movement principles, and context contribute to artistic expression.

Using genre-specific dance terminology, analyze and interpret how the elements of dance, execution of dance movement principles, and context contribute to artistic expression across different genres, styles, or cultural movement practices.

Strand

1. DANCE

Standard

C3 – Apply criteria to evaluate artistic work.

Childhood

Kindergarten

Grade 1

Grade 2

Performance Expectations

Find a movement that was noticed in a dance. Demonstrate that movement and explain why it attracted attention.

Identify and demonstrate several movements in advance that attracted attention. Describe the characteristics that make the movements interesting and talk about why they were chosen.

Observe or demonstrate dances from a genre or culture. Using simple dance terminology, discuss movements and other aspects of the dances that make the dances work well.

Grade 3

Grade 4

Grade 5

Performance Expectations

Select dance movements from specific genres, styles, or cultures. Identify characteristic movements from these dances and, using basic dance terminology, describe the ways in which they are alike and different.

Using basic dance terminology, discuss and demonstrate the characteristics that make a dance artistic and apply those characteristic movements to dances observed and performed in a specific genre, style, or cultural movement practice.

Define the characteristics of dance that make a dance artistic and meaningful. Relate them to the elements of dance in genres, styles, or cultural movement practices. Using basic dance terminology, describe characteristics that make a dance artistic and meaningful.

Early Adolescence

Grades 6-8

Performance Expectations

Discuss the characteristics and artistic intent of a dance from a genre, style, or cultural movement practice and develop artistic criteria to critique the dance using genre-specific dance terminology.

Adolescence

Grades 9-Diploma Proficient

Grades 9-Diploma Accomplished

Grades 9-Diploma Advanced

Performance Expectations

Analyze and discuss the artistic expression of a dance using dance terminology and evaluative criteria.

Compare and contrast two or more dances using evaluative criteria and dance terminology to critique artistic expression, considering societal values and a range of perspectives.

Define personal artistic preferences to critique dance. Consider societal and personal values, and a range of artistic expression. Discuss perspectives with peers and justify viewpoints.

Strand

1. Dance

Standard

D1 – Synthesize and relate knowledge and personal experiences to make art.

Childhood

Kindergarten

Grade 1

Grade 2

Performance Expectations

1. Recognize and name an emotion that is experienced when watching, improvising, or performing dance and relate it to a personal experience.

2. Observe a work of visual art. Describe and then express through movement something of interest about the artwork and ask questions for discussion concerning the artwork.

3. Find a familiar experience expressed or portrayed in a dance. Identify the movements that communicate this experience.

4. Observe and discuss illustrations from a story, identifying and demonstrating ideas for dance movement.

5. Describe, create, and/or perform a dance that expresses personal meaning and explain how certain movements express this personal meaning.

6. Respond to a dance work using an inquiry-based approach (i.e., think, wonder, etc.). Create movement using ideas from responses and explain how certain movements express a specific idea.

Strand

A. DANCE

Standard

D1 – Synthesize and relate knowledge and personal experiences to make art.

Childhood

Grade 3

Grade 4

Grade 5

Performance Expectations

1. Compare the relationships expressed in a dance to relationships with others. Explain how they are similar and different.

2. Ask and research a question about a key aspect of a dance that communicates a perspective about an issue or event. Explore the key aspect through movement. Share movements and describe how the movements help to remember or discover new qualities in these key aspects. Communicate the new learning in oral, written, or movement form.

3. Relate the main idea or content in a dance to other experiences. Explain how the main idea of a dance is similar to or different from one’s own experiences, relationships, ideas or perspectives.

4. Develop and research a question relating to a topic of study in school using multiple sources of references. Select key aspects about the topic and choreograph movements that communicate the information. Discuss what was learned from creating the dance and describe how the topic might be communicated using another form of expression.

5. Compare two dances with contrasting themes. Discuss feelings and ideas evoked by each. Describe how the themes and movements relate to points of view and experiences.

6. Choose a topic, concept, or content from another discipline of study and research how other art forms have expressed the topic. Create a dance study that expresses the idea. Explain how the dance study expressed the idea and discuss how this learning process is similar to, or different from, other learning situations.

Strand

A. DANCE

Standard

D1 – Synthesize and relate knowledge and personal experiences to make art.

Early Adolescence

Grades 6-8

Performance Expectations

1. Observe the movement characteristics or qualities observed in a specific dance genre. Describe differences and similarities about what was observed to one’s attitudes and movement preferences.
2. Conduct research using a variety of resources to find information about a social issue of great interest. Use the information to create a dance study that expresses a specific point of view on the topic. Discuss whether the experience of creating and sharing the dance reinforces personal views or offers new knowledge and perspectives.

Strand

A. DANCE

Standard

D1 – Synthesize and relate knowledge and personal experiences to make art.

Adolescence

Grades 9-Diploma Proficient

Grades 9-Diploma Accomplished

Grades 9-Diploma Advanced

Performance Expectations

1. Analyze a dance to determine the ideas expressed by the choreographer. Explain how the perspectives expressed by the choreographer may impact one’s own interpretation. Provide evidence to support one’s analysis.

2. Collaboratively identify a dance related question or problem. Conduct research through interviews, research databases, text, media, or movement. Analyze and apply information gathered by creating a group dance that answers the question posed. Discuss how the dance communicates new perspectives or realizations. Compare orally and in writing the process used in choreography to that of other creative, academic, or scientific procedures.

3. Analyze a dance that is related to content learned in other subjects and research its context. Synthesize information learned and share new ideas about its impact on one’s perspective.

4. Use established research methods and techniques to investigate a topic. Collaborate with others to identify questions and solve movement problems that pertain to the topic. Create and perform a piece of choreography. Discuss orally or in writing the insights relating to knowledge gained through the research process, the synergy of collaboration, and the transfer of learning from this project to other learning situations.

5. Review original choreography developed over time with respect to its content and context and its relationship to personal perspectives. Reflect on and analyze the variables that contributed to changes in one’s personal growth.

6. Investigate various dance related careers through a variety of research methods and techniques. Select those careers of most interest. Develop and implement a Capstone Project that reflects a possible career choice.

Strand

A. DANCE

Standard

D2 – Relate artistic ideas and works with societal, cultural, and historical contexts to deepen understanding.

Childhood

Kindergarten

Grade 1

Grade 2

Performance Expectations

Describe or demonstrate the movements in a dance that was watched or performed.

Watch and/or perform a dance from a different culture and discuss or demonstrate the types of movement danced.

Observe a dance and relate the movement to the people or environment in which the dance was created and performed.

Grade 3

Grade 4

Grade 5

Performance Expectations

Find a relationship between movement in a dance from a culture, society, or community and the culture from which the dance is derived. Explain what the movements communicate about key aspects of the culture, society, or community.

Select and describe movements in a specific genre or style and explain how the movements relate to the culture, society, historical period, or community from which the dance originated.

Describe how the movement characteristics and qualities of a dance in a specific genre or style communicate the ideas and perspectives of the culture, historical period, or community from which the genre or style originated

Early Adolescence

Grades 6-8

Performance Expectations

Interpret and show how the movement and qualities of a dance communicate its cultural, historical, and/or community purpose or meaning.

Strand

A. DANCE

Standard

D2 – Relate artistic ideas and works with societal, cultural, and historical contexts to deepen understanding.

Adolescence

Grades 9-Diploma Proficient

Grades 9-Diploma Accomplished

Grades 9-Diploma Advanced

Performance Expectations

Analyze and discuss dances from selected genres or styles and/or historical time periods and formulate reasons for the similarities and differences between them in relation to the ideas and perspectives of the peoples from which the dances originate.

Analyze dances from several genres or styles, historical time periods, and/or world dance forms. Discuss how dance movement characteristics, techniques, and artistic criteria relate to the ideas and perspectives of the peoples from which the dances originate.

Analyze dances from several genres or styles, historical time periods, and/or world dance forms. Discuss how dance movement characteristics, techniques, and artistic criteria relate to the ideas and perspectives of the peoples from which the dances originate, and how the analysis has expanded one’s dance literacy.

The Music Standards

Music plays an important role in our society; it is in every part of our lives. The study of music aids in brain development, listening skills, social and emotional growth, language development, and brings joy throughout one’s life. Music serves as a medium for cross-cultural understanding and as a reflection of creator, performer, and consumer. Bennett Reimer, aesthetic music education philosopher, states, “Music and the other arts are basic ways that humans know themselves and their world; they are basic modes of cognition.”^[4] Therefore, it is important that our educational system provides opportunities for the study of music for all students. Jerome Bruner, a major advocate of the spiral curriculum, argues that any person can learn any topic, as long as the level of complexity is appropriate for the learner.^[5]

The Maine Learning Results for Music are written with an inclusive lens, considering all types of notation, skills, ensembles, and knowledge acquisition. These standards are written so that they flow in a natural progression through the grade levels. However, there is also the understanding that students come to the music classroom with varied musical experiences and varying levels of exposure. Differentiation for students is assumed in the music classroom with the goal of each student reaching proficiency. The advanced level is written with the more experienced student in mind, or for districts with diplomas that have specialized certificates. It is also recognized that performance classes have a slightly different focus than non-performance classes and that, although all standards should be explored in all music classes, the rigor of each standard could be different.

Strand

B. MUSIC

Standard

A1 – Listen to, apply criteria, and interpret the artist’s intended meaning.

Childhood

Kindergarten

Grade 1

Grade 2

Performance Expectations

Listen and respond to diverse music experiences by singing, playing, moving, etc.

With guidance, identify characteristics and themes within diverse music experiences.

With guidance, discuss music characteristics

Grade 3

Grade 4

Grade 5

Performance Expectations

Discuss, compare, and contrast diverse music experiences.

1. Compare, contrast, and describe music ideas using appropriate terminology for music elements.

2. Explore music elements that convey the song’s purpose.

3. Describe and interpret music ideas using appropriate terminology for music elements.

4. Explore the personal, cultural, and historical background of an artist to gain perspective on their intent.

Early Adolescence

Grades 6-8

Performance Expectations

1. Explore music examples and analyze the music through the lens of the elements of music.
2. Reflect on the personal, cultural, and historical contexts of a music example and/or composer/performer to enhance personal connection and understanding of the music.

Adolescence

Grades 9-Diploma Proficient

Grades 9-Diploma Advanced

Performance Expectations

1. Analyze and evaluate music examples through the lens of the elements of music.

2. Reflect on the artist’s intent as well as the personal, historical, and cultural contexts of a music example to enhance personal connection and understanding of the music.

3. Analyze and evaluate a body of musical work through the lens of the elements of music.

4. Justify interpretations of the expressive intent and meaning of music works by comparing and synthesizing varied researched sources, including reference to other art forms.

Strand

B. MUSIC

Standard

A2 – Interpret and express music through movement.

Childhood

Kindergarten

Grade 1

Grade 2

Performance Expectations

Explore expressive qualities of music through movement.

Respond to expressive qualities of music through movement.

Represent expressive qualities of music through movement.

Grade 3

Grade 4

Grade 5

Performance Expectations

Compare and contrast the elements of music through movement.

Demonstrate an understanding of the expressive qualities of music through movement.

Demonstrate an understanding of the elements and expressive qualities of music through structured and improvised movement.

Early Adolescence

Grades 6-8

Performance Expectations

Demonstrate and apply the elements and expressive qualities of specific music examples through structured and/or improvised movement.

Adolescence

Grades 9-Diploma Proficient

Grades 9-Diploma Advanced

Performance Expectations

With guidance, interpret specific music examples by planning and generating structured and/or improvised movements that express the elements, expressive qualities, and implied meaning of each example.

Interpret specific music examples by planning and generating structured and/or improvised movements that express the elements, expressive qualities, and implied meaning of each example.

Strand

B. MUSIC

Standard

B1 – Connect with a variety of musical experiences through relationships between music and personal understandings.

Childhood

Kindergarten

Grade 1

Grade 2

Performance Expectations

Explore music that represents a range of emotions.

With guidance, identify emotions and personal connections that relate to a selected piece of music.

With guidance, discuss emotions and personal connections that relate to a selected piece of music.

Grade 3

Grade 4

Grade 5

Performance Expectations

Explore how personal interests and skills relate to choices when experiencing music.

Explore how personal interests and skills relate to choices when creating, performing, and responding to music.

Demonstrate and explore how personal interests and skills relate to choices when creating, performing, and responding to music.

Early Adolescence

Grades 6-8

Performance Expectations

Identify various uses of music in daily life, describe the characteristics that make music suitable for a specific use, and demonstrate individual preference for music in those contexts.

Adolescence

Grades 9-Diploma Proficient

Grades 9-Diploma Advanced

Performance Expectations

Explore and evaluate personal benefits of listening to, performing, and creating music, and the role that music plays in developing empathy.

Discuss and debate the nature of music appreciation and justify music’s value to individuals in a society.

Strand

B. MUSIC

Standard

B2 – Connect with a variety of musical experiences through the relations between music, the other arts, and other disciplines.

Childhood

Kindergarten

Grade 1

Grade 2

Performance Expectations

Explore how music is used for a variety of purposes and occasions.

Explore how music relates to other disciplines when experiencing music.

With guidance, identify relationships between music and another art or discipline outside the arts.

Grade 3

Grade 4

Grade 5

Performance Expectations

With guidance, discuss relationships between music and another art or discipline outside the arts.

Identify relationships between music and another art or discipline outside the arts.

Demonstrate and explore how music relates to other disciplines when creating, performing, and responding to music.

Early Adolescence

Grades 6-8

Performance Expectations

1. Demonstrate and explore skills and concepts that are similar across disciplines.
2. Describe and explore how the study of music integrates with other disciplines and professions.

Adolescence

Grades 9-Diploma Proficient

Grades 9-Diploma Advanced

Performance Expectations

1. Analyze skills and concepts that are similar across disciplines.

2. Analyze the impact of music on other disciplines and professions.

3. Justify the use of music in specific artistic works that combine the other arts.

4. Evaluate the impact of music on other disciplines and professions.

Strand

B. MUSIC

Standard

B3 – Connect with a variety of musical experiences through the relationships between music and history and culture.

Childhood

Kindergarten

Grade 1

Grade 2

Performance Expectations

Explore music from a variety of societal, cultural, and historical contexts and respond through singing, listening, or moving.

With guidance, experience repertoire from a variety of societal, cultural, and historical contexts by singing, moving, and playing in a manner appropriate to the context of the music.

With guidance, discuss characteristics of music from a variety of societal, cultural, and historical contexts.

Grade 3

Grade 4

Grade 5

Performance Expectations

Explore and discuss characteristics of music from a variety of societal, cultural, and historical contexts.

Explore characteristics of music from a variety of societal, cultural, and historical contexts when creating, performing, and responding to music.

Demonstrate and explore characteristics of music from a variety of societal, cultural, and historical contexts when creating, performing, and responding to music.

Strand

B. MUSIC

Standard

B3 – Connect with a variety of musical experiences through the relationships between music and history and culture.

Early Adolescence

Grades 6-8

Performance Expectations

1. Identify and describe the distinguishing characteristics of musical works from a variety of genres, styles, historical periods, and cultures.
2. Compare and contrast, in various cultures and historical periods, the functions of music, the roles of musicians, and the conditions under which participation in music typically occurs.
3. Explore unfamiliar musical works by genre, style, historical period, and/or culture and defend the classification.

Adolescence

Grades 9-Diploma Proficient

Grades 9-Diploma Advanced

Performance Expectations

1. Identify and describe the stylistic features of known musical works that serve to define their aesthetic tradition and historical or cultural context.

2. Identify and explore music and musicians that influenced societal change and/or politics and describe how they reflected culture at a particular time in history.

3. With guidance, classify unfamiliar musical works by genre, style, historical period, and/or culture and defend the classification.

4. Analyze and articulate the stylistic features of known musical works that serve to define their aesthetic tradition and historical or cultural context.

5. Analyze music and musicians that influenced societal change and/or politics and describe how they reflected culture at a particular time in history.

6. Classify unfamiliar musical works by genre, style, historical period, and/or culture and defend the classification.

Strand

B. MUSIC

Standard

C1 – Perform a rich and diverse repertoire of music.

Childhood

Kindergarten

Grade 1

Grade 2

Performance Expectations

1. With guidance, explore vocal range, pitch flexibility, and types of voices (i.e., whisper, speak, sing, call/shout, thinking/audiate.)

2. With guidance, explore a variety of classroom instruments.

3. With guidance, perform simple songs and echo phrases.

4. With guidance, sing in head voice and demonstrate types of voices.

5. With guidance, perform on a variety of classroom instruments with proper posture and basic techniques.

6. With guidance, perform a variety of melodies and call-and-response songs.

7. Sing in head voice with proper posture.

8. Perform on a variety of classroom instruments with appropriate hand placement.

9. Explore and perform basic forms in music (i.e., binary, ternary, rondo, etc.)

Grade 3

Grade 4

Grade 5

Performance Expectations

1. Sing in head voice with increasing pitch accuracy using proper posture.

2. Perform songs on a variety of classroom instruments with appropriate technique, and in various tonalities and meters.

3. Explore and perform music in basic forms with increasing technical accuracy at a consistent tempo.

4. Sing in head voice with increasing pitch accuracy using proper posture and breath support.

5. Perform songs on a variety of classroom instruments with appropriate technique in various tonalities and meters, and with appropriate dynamics.

6. Explore and perform music in basic forms with increasing accuracy, proper technique, and at a consistent tempo.

7. Sing in head voice with increasing pitch accuracy, with proper posture, breath support, and appropriate tone.

8. Perform songs on a variety of classroom instruments with appropriate technique, in various tonalities and meters, with appropriate dynamics and articulations.

9. Perform a rich and diverse repertoire with increasing technical accuracy and proper technique at a consistent tempo.

Strand

B. MUSIC

Standard

C1 – Perform a rich and diverse repertoire of music.

Early Adolescence

Grades 6-8

Performance Expectations

1. Explore the function of the voice/instrument to support healthy singing/playing habits.
2. Accurately and expressively sing and/or play a rich and diverse repertoire of music using appropriate skills throughout a limited range.
3. Perform a rich and diverse repertoire of music that includes changes in tempo, key, and meter.

Adolescence

Grades 9-Diploma Proficient

Grades 9-Diploma Advanced

Performance Expectations

1. Practice healthy playing/singing habits.

2. Accurately and expressively sing and/or play a rich and diverse repertoire of music using appropriate skills throughout an expanded range.

3. Perform a rich and diverse repertoire that requires attention to phrasing and interpretation, and the ability to perform various meters and rhythms in a variety of keys.

4. Model healthy playing/singing habits and explore the long-term impacts of playing/singing.

5. Accurately and expressively sing and/or play a rich and diverse repertoire of music using appropriate skills throughout an advanced range.

6. Perform a rich and diverse repertoire that includes a wide range, difficult technical passages, nuanced interpretation, and greater part independence.

Strand

B. MUSIC

Standard

C2 – Apply criteria and feedback to rehearse and re-create musical experiences.

Childhood

Kindergarten

Grade 1

Grade 2

Performance Expectations

Share short songs as a group with others, in formal and/or informal settings.

Share short songs as a group with others, in formal and/or informal settings. With guidance, apply teacher-provided feedback.

Share sort songs as a group with others, in formal and/or informal settings. As a group, reflect on performances and apply feedback.

Grade 3

Grade 4

Grade 5

Performance Expectations

Demonstrate short songs alone or with others, in formal and/or informal settings. With guidance, reflect on performances and apply feedback.

Recreate music experiences alone or with others, in formal and/or informal settings. With guidance, reflect on performances and apply feedback.

Recreate music experiences alone or with others, in formal and/or informal settings. Reflect on and refine performances by applying feedback.

Early Adolescence

Grades 6-8

Performance Expectations

Analyze, evaluate, and refine music experiences using criteria and feedback from the teacher.

Adolescence

Grades 9-Diploma Proficient

Grades 9-Diploma Advanced

Performance Expectations

Analyze, evaluate, and refine music experiences using criteria and feedback from the teacher and others.

Analyze, evaluate, and refine personal elements of music experiences independent of guidance from the composer, conductor, or fellow musicians.

Strand

B. MUSIC

Standard

D1 – Audiate and communicate musical ideas.

Childhood

Kindergarten

Grade 1

Grade 2

Performance Expectations

With substantial guidance, explore the concept of audiation.

As a group, audiate and perform the motions of a poem and/or song.

With guidance, independently audiate and perform the motions of a poem and/or song.

Grade 3

Grade 4

Grade 5

Performance Expectations

Demonstrate the ability to audiate with increasing accuracy by recreating familiar musical ideas alone.

Demonstrate the ability to audiate by accurately recreating familiar musical ideas alone.

Demonstrate the ability to audiate by accurately recreating familiar and unfamiliar musical ideas alone.

Early Adolescence

Grades 6-8

Performance Expectations

Demonstrate the ability to audiate by accurately recreating familiar and unfamiliar musical excerpts or pieces.

Adolescence

Grades 9-Diploma Proficient

Grades 9-Diploma Advanced

Performance Expectations

Demonstrate the ability to audiate the elements of music in a given excerpt or piece and perform it.

Demonstrate the ability to audiate the elements of music in a given excerpt or piece and perform it in a musical or culturally authentic way.

Strand

B. MUSIC

Standard

D2 – Read and communicate musical ideas using terms and symbols.

Childhood

Kindergarten

Grade 1

Grade 2

Performance Expectations

1. With guidance, explore vocal flexibility and songs within an appropriate vocal range.

2. With guidance, use movement to explore pulse in duple and triple meter.

3. With guidance, explore music opposites (e.g., loud/soft, high/low, fast/slow, etc.)

4. With guidance, show melodic contour and echo a variety of tonal patterns and/or fragments vocally.

5. With guidance, maintain a steady pulse in duple and triple meter.

6. With guidance, identify music opposites using applicable descriptors.

7. With guidance, recognize familiar tonal patterns and songs performed instrumentally and/or on a neutral syllable.

8. With guidance, recognize rhythms of familiar songs and poems, performed instrumentally and/or on a neutral syllable.

9. With guidance, discuss expressive qualities of music using applicable descriptors.

Grade 3

Grade 4

Grade 5

Performance Expectations

1. With guidance, echo and decode, with increasing accuracy, a variety of tonal and rhythmic patterns and songs performed instrumentally and/or vocally.

2. Discuss and describe expressive qualities of music using applicable descriptors.

3. Echo and decode, with accuracy, a variety of tonal and rhythmic patterns and songs performed instrumentally and/or vocally. With guidance, read a variety of tonal and rhythmic patterns patterns.

4. Identify (visually and aurally) and describe common expressive musical symbols and elements.

5. Echo, decode, and read, with accuracy, a variety of tonal and rhythmic patterns and songs performed instrumentally and/or vocally.

6. Identify (visually and aurally), describe, and demonstrate musical terms and elements.

Strand

B. MUSIC

Standard

D2 – Read and communicate musical ideas using terms and symbols.

Early Adolescence

Grades 6-8

Performance Expectations

1. Read the terms and symbols for a piece of music to inform a performance or critique.
2. Apply musical terms and symbols to express musical ideas to other musicians.

Adolescence

Grades 9-Diploma Proficient

Grades 9-Diploma Advanced

Performance Expectations

1. Read and interpret the terms and symbols for a piece of music to inform a performance or critique.

2. Analyze musical terms and symbols to express musical ideas to other musicians.

3. Fluently read and interpret familiar and unfamiliar musical terms and symbols while performing.

4. Evaluate the ability of musical terms and symbols to express subtle musical ideas to other musicians.

Strand

B. MUSIC

Standard

E1 – Generate and conceptualize musical ideas.

Childhood

Kindergarten

Grade 1

Grade 2

Performance Expectations

With guidance, explore vocal and instrumental sounds.

With guidance, improvise/create short answers, rhythmic patterns, beat motions, and/or word substitutions.

With guidance, vocally and instrumentally improvise/create short melodies and rhythms.

Grade 3

Grade 4

Grade 5

Performance Expectations

Improvise/create melodic and rhythmic phrases to express a musical idea.

Improvise/create, both vocally and instrumentally, melodic and rhythmic phrases to express a musical idea with increasing complexity.

Improvise/create, both vocally and instrumentally, melodic and rhythmic phrases to express a musical idea which conveys a specific purpose.

Early Adolescence

Grades 6-8

Performance Expectations

Generate a wide variety of musical ideas using a set of criteria.

Adolescence

Grades 9-Diploma Proficient

Grades 9-Diploma Advanced

Performance Expectations

Generate a wide variety of musical ideas with heightened expressive qualities by incorporating your personal feelings, opinions, and experiences.

Generate a wide variety of musical ideas considering historical and cultural contexts.

Strand

B. MUSIC

Standard

E2 – Organize and develop musical ideas to achieve a creative goal.

Childhood

Kindergarten

Grade 1

Grade 2

Performance Expectations

Explore visual and kinesthetic representations of sound.

With guidance, choose visual and kinesthetic representations of sound.

With guidance, plan and arrange visual and kinesthetic representations of sound.

Grade 3

Grade 4

Grade 5

Performance Expectations

With guidance, plan and create rhythmic and melodic patterns through multiple pathways.

Plan, create, and notate rhythmic and melodic patterns through multiple pathways.

Plan, create, notate, and refine rhythmic and melodic patterns to convey musical ideas.

Early Adolescence

Grades 6-8

Performance Expectations

Use a goal-oriented process to select, develop ideas, and combine elements of music to improvise, compose, or arrange music.

Adolescence

Grades 9-Diploma Proficient

Grades 9-Diploma Advanced

Performance Expectations

Plan, select, and combine musical ideas to achieve a musical goal.

Plan, select, and combine music from multiple genres to achieve a musical goal.

Strand

B. MUSIC

Standard

E3 – Refine and complete music work.

Childhood

Kindergarten

Grade 1

Grade 2

Performance Expectations

With guidance, explore ways to change a familiar song or poem.

With guidance, apply collaborative alterations to a familiar song or poem.

With guidance, apply individually selected alterations to a familiar song or poem.

Grade 3

Grade 4

Grade 5

Performance Expectations

With guidance, identify ways to use feedback toward musical ideas.

With guidance, use feedback to refine musical ideas.

Use feedback to refine musical ideas.

Early Adolescence

Grades 6-8

Performance Expectations

Refine musical works using given criteria.

Adolescence

Grades 9-Diploma Proficient

Grades 9-Diploma Advanced

Performance Expectations

Refine musical works using feedback and considering audience and venue to better achieve a musical goal.

Refine musical works seeking feedback from other artists in the music community.

Strand

B. MUSIC

Standard

F1 – Identify positive inter- and intra-personal skills that impact the quality of a musician’s art and participation in the arts.

Childhood

Kindergarten

Grade 1

Grade 2

Performance Expectations

Demonstrate taking turns and active listening skills.

Explore cooperative skills (individual and group responsibilities) in order to perform as a group.

With guidance, demonstrate active participation and communication skills in group music making (e.g., basic problem solving, compromise, inclusion, personal responsibility, etc.)

Grade 3

Grade 4

Grade 5

Performance Expectations

Demonstrate active participation and communication skills in group music making (e.g., basic problem solving, compromise, inclusion, personal responsibility, etc.)

Identify skills and habits that support group music-making goals.

Identify and demonstrate skills and habits that positively affect group music-making goals.

Early Adolescence

Grades 6-8

Performance Expectations

Demonstrate positive interpersonal skills and analyze how interpersonal skills affect participation in the arts.

Adolescence

Grades 9-Diploma Proficient

Grades 9-Diploma Advanced

Performance Expectations

Demonstrate positive interpersonal skills and reflect on the impact of interpersonal skills on personal success in the arts.

Demonstrate positive leadership skills and reflect on the impact of leadership skills on personal success in the arts.

Strand

B. MUSIC

Standard

F2 – Make technical and expressive adjustments to meet the goals of the performing group.

Childhood

Kindergarten

Grade 1

Grade 2

Performance Expectations

With guidance, perform songs and poems as a group and respond to teacher cues (i.e., my turn-your turn, start-stop, etc.)

With guidance, perform words, motions, and/or instruments of songs and poems in time with the group.

With guidance, apply simple visual cues from a conductor to a performance.

Grade 3

Grade 4

Grade 5

Performance Expectations

With guidance apply simple visual and auditory cues from others.

With guidance, use visual and auditory cues from others to adjust a performance.

Use visual and auditory cues from others to adjust a performance.

Early Adolescence

Grades 6-8

Performance Expectations

Employ strategies to address expressive challenges in a varied repertoire of music, and evaluate success using feedback from ensemble peers and other sources to refine performances.

Early Adolescence

Grades 9-Diploma Proficient

Grades 9-Diploma Advanced

Performance Expectations

Select strategies to address expressive challenges in a varied repertoire of music, and evaluate success using feedback from ensemble peers and other sources to refine performances.

Develop strategies to address expressive challenges in a varied repertoire of music, and evaluate success using feedback from ensemble peers and other sources to refine performances.

The Media Arts Standards

The media arts standards are designed to enable students to achieve media arts literacy. Media arts standards assume the diverse forms and categories of media arts as a distinct, stand-alone arts discipline, whose basic categories include the following areas: photography, imaging, sound, animation, video, web design, graphic design, interactive design, combinations utilizing mixed traditional art forms and emerging forms, multimedia, augmented reality and virtual design. The standards for media arts do not address the use of specific media, rather they provide benchmarks that art educators can adapt to specific media. Technology is embedded, integrated, or used as a tool in the media arts, but the emphasis is on process, so that the standards will remain relevant even as technology evolves.

Literacy in media arts is broad, diverse, and addresses creative, conceptual, and technical competencies that exist globally. Media arts are the emerging basis for communications, design, and social interaction in our increasingly digitally centered world, and Maine’s strong tradition of art creation that supports a creative economy. Therefore, students should gain experience in production and design that has real-world relevance and applications that can include the following:

Multimedia Communication: The ability to communicate and express messages in a variety of media forms or combined and mixed media, using various tools and processes, for specific purposes, intentions, and audiences.

Interdisciplinary Integration: Media arts projects can incorporate multiple content areas and artistic disciplines, such as a video broadcast of student-produced documentaries, dramatic stories, and public service announcements.

Design Thinking: A set of cognitive, strategic and practical processes (producing iterations, prototypes, and models, that are tested and revised) using creative problem solving by which design concepts are developed.

Media and Digital Literacies: Media arts students practice critical autonomy in discerning the quality and veracity of media. They are empowered in producing their own messages and products in conscientious, civic and social - minded engagements in virtual environments.

Media arts classrooms come in many forms. They can be very active and dynamic, as well as quiet and focused. They will often use technology including a variety of emerging technologies. Students will also be collaboratively engaged in brainstorming, writing, storyboarding or prototyping, designing the environment, organizing and sharing their projects. The enactment of standards can vary as well, depending on the specific form and the way projects are organized. The standards are presented in a linear, sequential format, but teachers should understand that they can access them in any order specific to their instructional approach. For example, lessons and units can easily begin by considering a given context (Connecting), move next to analyzing examples of media arts (Responding), then proceed to generating and refining (Creating) a media artwork for presentation (Producing). Also, the standards represent portions of the holistic creative process, and may be addressed in rapid-fire succession as one is creating work. Therefore, a brainstorming session that begins with the Creating standard may also incorporate Responding and even Connecting standards. One well-structured project can address many, if not all, standards in a holistic, simultaneous manner.

Strand

C. MEDIA ARTS

Standard

A1 – Generate and conceptualize artistic ideas and work.

Childhood

Kindergarten

Grade 1

Grade 2

Performance Expectations

Discover, play, and share ideas for media artworks.

Express and share ideas for media artworks through sketching and modeling.

Discover multiple ideas for media artworks through brainstorming and improvising.

Grade 3

Grade 4

Grade 5

Performance Expectations

Develop multiple areas for media artworks using a variety of tools, methods and/or materials.

Conceive of original artistic goals for media artworks using a variety of creative methods.

Envision original ideas and innovations for media artworks using personal experiences and/or the work of others.

Early Adolescence

Grades 6-8 Proficient

Grades 6-8 Advanced

Performance Expectations

Formulate variations of goals and solutions for media artworks by practicing chosen creative processes (i.e., sketching, improvising, brainstorming, etc.).

Generate ideas, goals, and solutions for original media artworks through application of focused creative processes (i.e., divergent thinking, experimenting, etc.).

Adolescence

Grades 9-Diploma Proficient

Grades 9-Diploma Accomplished

Grades 9-Diploma Advanced

Performance Expectations

Use identified generative methods to formulate multiple ideas, develop artistic goals, and problem solve in media arts creation processes.

Strategically utilize generative methods to formulate multiple areas, refine artistic goals, and increase the originality of approaches in media arts creation processes.

Integrate aesthetic principles with a variety of generative methods to fluently form original ideas, solutions, and innovations in media arts creation processes.

Strand

C. MEDIA ARTS

Standard

A2 – Organize and develop artistic ideas and work.

Childhood

Kindergarten

Grade 1

Grade 2

Performance Expectations

With guidance, use ideas to form plans or models for media arts productions.

With guidance, use identified ideas to form plans and models for media arts productions.

Choose ideas to create plans and models for media arts productions.

Grade 3

Grade 4

Grade 5

Performance Expectations

Form, share, and test ideas, plans, and models to prepare for media arts productions.

Discuss, test, and assemble ideas, plans, and models for media arts productions, considering artistic goals and the presentation.

Develop, present, and test ideas, plans, models, and proposals for media arts productions, considering the artistic goals and audience.

Early Adolescence

Grades 6-8 Proficient

Grades 6-8 Advanced

Performance Expectations

Organize, propose, and evaluate artistic ideas, plans, prototypes, and production processes for media arts productions, considering purposeful intent.

Structure and critique ideas, plans, prototypes, and production processes for media arts productions, considering intent, resources, and presentation context.

Adolescence

Grades 9-Diploma Proficient

Grades 9-Diploma Accomplished

Grades 9-Diploma Advanced

Performance Expectations

Apply aesthetic criteria in developing, proposing, and refining artistic ideas, plans, prototypes, and production processes for media arts productions, considering original inspirations, goals, and presentation context.

Apply a personal aesthetic in designing, testing, and refining original artistic ideas, prototypes, and production strategies for media arts productions, considering artistic intentions, constraints of resources, and presentation context

Integrate a sophisticated personal aesthetic and knowledge of systems processes in forming, testing, and proposing original artistic ideas, prototypes, and production frameworks, considering complex constraints of goals, time, resources, and personal limitations.

Strand

C. MEDIA ARTS

Standard

A3 – Refine and complete artistic work.

Early Adolescence

Grades 6-8 Proficient

Grades 6-8 Advanced

Performance Expectations

1. Experiment with multiple approaches to produce content and components for determined purpose and meaning in media arts productions, utilizing a range of associated principles and point of view.

2. Appraise how elements and components can be altered for intentional effects and audience, and refine media artworks to reflect purpose and audience.

3. Implement production processes to integrate content and stylistic conventions for determined meaning in media arts productions, demonstrating understanding of associated principles.

4. Refine and modify media artworks, improving technical quality and intentionally accentuating selected expressive and stylistic elements, to reflect an understanding of purpose, audience, and place.

Early Adolescence

Grades 9-Diploma Proficient

Grades 9-Diploma Accomplished

Grades 9-Diploma Advanced

Performance Expectations

1. Consolidate production processes to demonstrate deliberate choices in organizing and integrating content and stylistic conventions demonstrating understanding of associated principles in media arts productions.

2. Refine and modify media artworks, honing aesthetic quality and intentionally accentuating stylistic elements, to reflect an understanding of personal goals and preferences.

3. Consolidate production processes to demonstrate deliberate choices in organizing and integrating content and stylistic conventions, demonstrating understanding of associated principles in media arts productions.

4. Refine and elaborate aesthetic elements and technical components to intentionally form impactful expressions in media artworks for specific purposes, intentions, audiences, and contexts.

5. Synthesize content, processes, and components to express compelling purpose, story, emotion, or ideas in complex media arts productions, demonstrating mastery of associated principles.

6. Intentionally and consistently refine and elaborate elements and components to form impactful expressions in media artworks, directed at specific purposes, audiences, and contexts.

Strand

C. MEDIA ARTS

Standard

B1 – Select, analyze, and interpret artistic work for presentation.

Childhood

Kindergarten

Grade 1

Grade 2

Performance Expectations

With guidance, combine art forms and media content.

Combine varied academic, arts, and media content in media artworks.

Practice combining varied academic, arts, and media content into unified media artworks.

Grade 3

Grade 4

Grade 5

Performance Expectations

Practice combining varied academic, arts, and media forms and content into unified media artworks.

Demonstrate how a variety of academic, arts, and media forms and content may be mixed and coordinated into media artworks.

Create media artworks through the integration of multiple contents and forms.

Early Adolescence

Grades 6-8 Proficient

Grades 6-8 Advanced

Performance Expectations

Validate how integrating multiple contents and forms can support a central idea in a media artwork.

Integrate multiple contents and forms into unified media arts productions that convey specific themes or ideas.

Early Adolescence

Grades 9-Diploma Proficient

Grades 9-Diploma Accomplished

Grades 9-Diploma Advanced

Performance Expectations

Integrate various arts, media arts forms, and content into unified media arts productions, considering the reaction and interaction of the audience.

Integrate various arts, media arts forms, and academic content into unified media arts productions that retain thematic integrity and stylistic continuity.

Synthesize various arts, media arts, forms and academic content into unified media arts productions that retain artistic fidelity across platforms.

Strand

C. MEDIA ARTS

Standard

B2 – Develop and refine artistic techniques and work for presentation.

Childhood

Kindergarten

Grade 1

Grade 2

Performance Expectations

Identify and share basic creative skills, such as performing, use of tools, making choices, and cooperating in creating media artworks.

Describe, experiment, plan, and demonstrate various artistic skills, varying techniques and roles, while collaborating and sharing media arts productions.

Enact roles to demonstrate basic ability in various artistic, design, technical, and soft skills. Demonstrate experimentation skills and use tools to capture and form media artworks.

Grade 3

Grade 4

Grade 5

Performance Expectations

1. Exhibit emerging ability in a variety of artistic, design, technical, organizational roles, and group planning in media arts productions.

2. Exhibit basic creative skills, use of tools and techniques to invite new content and solutions within and through media arts productions.

3. Enact identified roles to practice foundational artistic, design, technical, and soft skills.

4. Practice foundational innovative abilities, and use design thinking collaboratively in addressing problems within and through media arts productions.

5. Demonstrate use of tools and techniques in standard and novel ways while constructing media artworks.

6. Enact various roles to practice fundamental ability in artistic, design, technical, and soft skills in media arts productions.

7. Practice fundamental creative and innovative abilities, expanding conventions, addressing problems within and through media arts productions.

8. Examine how tools and techniques could be used in standard and experimental ways in constructing media artworks.

Strand

C. MEDIA ARTS

Standard

B2 – Develop and refine artistic techniques and work for presentation.

Early Adolescence

Grades 6-8 Proficient

Grades 6-8 Advanced

Performance Expectations

1. Develop a variety of artistic, design, technical, and soft skills through performing various assigned roles in producing media artworks.

2. Develop a variety of creative and adaptive innovation abilities, in developing solutions within and through media arts productions.

3. Demonstrate adaptability using tools and techniques in standard ways in constructing media artworks.

4. Demonstrate a defined range of artistic, design, technical, and soft skills through performing specific roles in producing media artworks, such as strategizing and collaborative communication.

5. Demonstrate a defined range of creative and adaptive innovation abilities, such as divergent solutions and bending conventions, in developing new solutions for identified problems within and through media arts productions.

6. Demonstrate adaptability using tools, techniques, and content in standard and experimental ways to communicate intent in the production of media artworks.

Strand

C. MEDIA ARTS

Standard

B2 – Develop and refine artistic techniques and work for presentation.

Adolescence

Grades 9-Diploma Proficient

Grades 9-Diploma Accomplished

Grades 9-Diploma Advanced

Performance Expectations

1. Demonstrate progression in artistic, design, technical and soft skills, as a result of selecting and fulfilling specified roles in the production of a variety of media artworks.

2. Develop and refine a determined range of creative and adaptive innovation abilities, design thinking, and risk taking, in addressing identified challenges and constraints within and through media arts productions.

3. Demonstrate adaptation and innovation through the combination of tools, techniques, and content, in standard and innovative ways to communicate intent in the production of media artworks.

4. Demonstrate effective command of artistic, design, technical, and soft skills in managing and producing media artworks. Demonstrate effective ability in creative and adaptive innovation to address sophisticated challenges within and through media arts productions.

5. Demonstrate the skillful adaptation and combination of styles, techniques, and interactivity to achieve specific expressive goals in the production of a variety of media artworks.

6. Employ mastered artistic, design, technical, and soft skills in managing and producing media artworks.

7. Fluently employ mastered creative and innovative adaptability in formulating lines of inquiry and solutions to address complex challenges within and through media arts productions.

8. Independently utilize and adapt tools, styles, and systems in standard, innovative, and experimental ways in the production of complex media artworks.

Strand

C. MEDIA ARTS

Standard

B3 – Convey meaning through the performance/presentation of artistic work.

Childhood

Kindergarten

Grade 1

Grade 2

Performance Expectations

With guidance, identify meaning and share roles in presenting media artworks.

With guidance, discuss presentation conditions and perform a task in presenting media artworks.

Identify, describe, and share presentation conditions and performance tasks in presenting media artworks.

Grade 3

Grade 4

Grade 5

Performance Expectations

1. Identify and describe the presentation conditions and take on roles and processes in presenting or distributing media artworks.

2. Share results of and improvements for presenting media artworks.

3. Explain the presentation conditions and fulfill a role and processes in presenting or distributing media artworks.

4. Explain results of and improvements for presenting media artworks.

5. Compare qualities and purposes of presentation formats and fulfill a role and associated processes in presentation and/or distribution of media artworks.

6. Compare results of and improvements for presenting media artworks.

Strand

C. MEDIA ARTS

Standard

B3 – Convey meaning through the performance/presentation of artistic work.

Early Adolescence

Grades 6-8 Proficient

Grades 6-8 Advanced

Performance Expectations

1. Analyze various presentation formats and fulfill various tasks and defined processes in the presentation and/or distribution of media artworks.

2. Evaluate results of and improvements for presenting media artworks.

3. Design the presentation and distribution of media artworks through multiple formats and/or contexts.

4. Evaluate the results of and implement improvements for presenting media artworks, considering impact.

Adolescence

Grades 9-Diploma Proficient

Grades 9-Diploma Accomplished

Grades 9-Diploma Advanced

Performance Expectations

1. Design the presentation and distribution of collections of media artworks, considering combinations of artworks, formats, and audiences.

2. Evaluate and implement improvements in presenting media artworks, considering personal and local impacts.

3. Curate and design the presentation and distribution of collections of media artworks through a variety of contexts, audiences, physical and virtual channels.

4. Evaluate and implement improvements in presenting media artworks, considering personal, local, and social impacts.

5. Curate, design, and promote the presentation and distribution of media artworks for intentional impacts, through a variety of contexts, such as markets and venues.

6. Independently evaluate, compare, and integrate improvements in presenting media artworks, considering personal to global impacts, such as new understandings that were gained by the artist and audience.

Strand

C. MEDIA ARTS

Standard

C1 – Perceive and analyze artistic work.

Childhood

Kindergarten

Grade 1

Grade 2

Performance Expectations

Recognize and share components and messages in media artworks.

With guidance, identify components and messages in a variety of media artworks.

Identify and describe the components, varied experiences, and messages in media artworks.

Grade 3

Grade 4

Grade 5

Performance Expectations

Identify and describe how messages are created by components in media artworks and how various forms, methods, and styles in media artworks manage audience experience.

1. Identify, describe, and explain how messages are created by components in media artworks.

2. Identify, describe, and explain how various forms, methods, and styles in media artworks manage audience experience.

3. Identify, describe, and differentiate how message and meaning are created by components in media artworks.

4. Identify, describe, and differentiate how various forms, methods, and styles in media artworks manage audience experience.

Early Adolescence

Grades 6-8 Proficient

Grades 6-8 Advanced

Performance Expectations

Identify, describe, and analyze how message and meaning are created by components in media artworks in order to manage audience experience.

Compare, contrast, and analyze the qualities of and relationships between the components and style in media artworks in order to manage audience experience and create intention.

Strand

C. MEDIA ARTS

Standard

C1 – Perceive and analyze artistic work.

Early Adolescence

Grades 9-Diploma Proficient

Grades 9-Diploma Accomplished

Grades 9-Diploma Advanced

Performance Expectations

1. Analyze the qualities of and relationships between components, style, and preferences communicated by media artworks and artists.

2. Analyze how a variety of media artworks manage audience experience and create intention through multimodal perception.

3. Analyze and synthesize the qualities and relationships of the components in a variety of media artworks, and feedback on how they impact audience.

4. Analyze how a broad range of media artworks manage audience experience, create intention and persuasion through multimodal perception.

5. Analyze and synthesize the qualities and relationships of the components and audience impact in a variety of media artworks, and how they impact audience.

6. Survey an exemplary range of media artworks, analyzing methods for managing audience experience, creating intention and persuasion through multimodal perception and systemic communications.

Strand

C. MEDIA ARTS

Standard

C2 – Interpret intent and meaning in artistic work.

Childhood

Kindergarten

Grade 1

Grade 2

Performance Expectations

With guidance, share observations regarding a variety of media artworks.

With guidance, identify the meanings of a variety of media artworks.

Determine the purposes and meanings of media artworks, considering their context.

Grade 3

Grade 4

Grade 5

Performance Expectations

Determine the purposes and meanings of media artworks while describing their context.

Determine and explain reactions and interpretations to a variety of media artworks, considering their purpose and context.

Determine and compare personal and group interpretations of a variety of media artworks, considering their intention and context.

Early Adolescence

Grades 6-8 Proficient

Grades 6-8 Advanced

Performance Expectations

Analyze the intent of a variety of media artworks, using given criteria.

Analyze the intent and meanings of a variety of media artworks, focusing on intentions, forms, and various contexts.

Early Adolescence

Grades 9-Diploma Proficient

Grades 9-Diploma Accomplished

Grades 9-Diploma Advanced

Performance Expectations

Analyze the intent, meanings, and reception of a variety of media artworks, focusing on personal and cultural contexts.

Analyze the intent, meanings, and influence of a variety of media artworks, based on personal, societal, historical, and cultural contexts.

Analyze the intent, meanings, and impacts of diverse media artworks, considering complex factors of context and bias.

Strand

C. MEDIA ARTS

Standard

C3 – Apply criteria to evaluate artistic work.

Childhood

Kindergarten

Grade 1

Grade 2

Performance Expectations

Share appealing qualities and possible changes in media artworks.

Identify the effective parts of and possible changes to media artworks, considering viewers.

Discuss the effectiveness of and improvements for media artworks, considering their context.

Grade 3

Grade 4

Grade 5

Performance Expectations

Identify basic criteria for and evaluate media artworks, considering possible improvements and context.

Identify and apply basic criteria for evaluating and improving media artworks and production processes, considering context.

Determine and apply criteria for evaluating media artworks and production processes, considering context, and practicing constructive feedback.

Early Adolescence

Grades 6-8 Proficient

Grades 6-8 Advanced

Performance Expectations

Determine and apply specific criteria to evaluate various media artworks and production processes, consider context and practice providing constructive feedback.

Evaluate media artworks and production processes with developed criteria, considering context and artistic goals.

Adolescence

Grades 9-Diploma Proficient

Grades 9-Diploma Accomplished

Grades 9-Diploma Advanced

Performance Expectations

Evaluate media art works and production processes at decisive stages, using identified criteria, and considering context and artistic goals.

Form and apply defensible evaluations in the constructive and systemic critique of media artworks and production processes.

Independently develop rigorous evaluations of, and strategically give feedback for, media artworks and production processes, considering complex goals and factors.

Strand

C. MEDIA ARTS

Standard

D1 – Synthesize and relate knowledge and personal experiences to create art.

Childhood

Kindergarten

Grade 1

Grade 2

Performance Expectations

Use personal experiences and share choices in making media artworks.

Use personal experiences, interests, and models in creating and sharing media artworks.

1. Use personal experiences, interests, information, and models in creating media artworks.
2. Discuss media artworks, describing their meaning and purpose.

Grade 3

Grade 4

Grade 5

Performance Expectations

Use personal and external resources to create media artworks. Identify and show how media artworks form meanings, situations, and/or culture.

1. Examine and use personal and external resources, and cultural understanding, to create media artworks.

2. Examine and show how media artworks form meanings, situations, and/or cultural experiences.

3. Access and use internal and external resources to create media artworks.

4. Examine and show how media artworks form meanings, situations, and cultural experiences.

Early Adolescence

Grades 6-8 Proficient

Grades 6-8 Advanced

Performance Expectations

1. Access, evaluate, and use internal and external resources to create media artworks, such as knowledge, experiences, interests, and research.
2. Explain and show how media artworks form new meanings, situations, and cultural experiences.

Access, evaluate, and use internal and external resources to inform the creation of media artworks, such as cultural and societal knowledge, research, and exemplary works.

Strand

C. MEDIA ARTS

Standard

D1 – Synthesize and relate knowledge and personal experiences to create art.

Adolescence

Grades 9-Diploma Proficient

Grades 9-Diploma Accomplished

Grades 9-Diploma Advanced

Performance Expectations

1. Access, evaluate, and integrate personal and external resources to inform the creation of original media artworks, such as personal interests and cultural experiences.

2. Explain and demonstrate the use of media artworks to expand meaning and knowledge, and create cultural experiences, such as learning and sharing through online environments.

3. Synthesize internal and external resources to enhance the creation of persuasive media artworks, such as cultural connections, introspection, research, and exemplary works.

4. Explain and demonstrate the use of media artworks to synthesize new meaning and knowledge, and reflect and form cultural experiences, such as new connections between themes and ideas, local and global networks, and personal influence.

5. Independently and proactively access relevant and qualitative resources to inform the creation of cogent media artworks.

6. Demonstrate and expound on the use of media artworks to consummate new meaning, knowledge, and impactful cultural experiences.

Strand

C. MEDIA ARTS

Standard

D2 – Relate artistic ideas and works with societal, cultural, and historical context to deepen understanding.

Childhood

Kindergarten

Grade 1

Grade 2

Performance Expectations

With guidance, share ideas, relating media artworks with everyday life.

1. Discuss and describe media artworks in everyday life.

2. Interact appropriately with media arts tools and environments considering safety, rules, and fairness.

3. Discuss how media artworks and ideas relate to everyday and cultural life, such as media messages and media environments.

4. Interact appropriately with media arts tools and environments, considering safety, rules, and fairness.

Grade 3

Grade 4

Grade 5

Performance Expectations

1. Identify how media artworks and ideas relate to everyday and cultural life and can influence values and online attitudes and behavior.

2. Examine and interact appropriately with media arts tools and environments, considering safety, rules, and fairness.

3. Explain verbally and/or in media artworks, how media artworks and ideas relate to everyday cultural life and technology use.

4. Examine and interact appropriately with media arts tools and environments, considering ethics, rules, and fairness.

5. Research and show how media artworks and ideas relate to personal, social, and community life.

6. Examine, discuss and interact appropriately with media arts tools and environments, considering ethics, rules, and media literacy.

Strand

C. MEDIA ARTS

Standard

D2 – Relate artistic ideas and works with societal, cultural, and historical context to deepen understanding.

Early Adolescence

Grades 6-8 Proficient

Grades 6-8 Advanced

Performance Expectations

1. Research and show how media artworks and ideas relate to personal life, and social, community, and cultural situations, such as personal identity, history, and entertainment.

2. Analyze and interact appropriately with media arts tools and environments, considering fair use and copyright, ethics, and media literacy.

3. Demonstrate and explain how media artworks and ideas relate to various contexts, purposes, and values, such as democracy, environment, and connecting people and places.

4. Analyze and responsibly interact with media arts tools, environments, legal and technological contexts, considering ethics, media literacy, social media, and virtual worlds.

Adolescence

Grades 9-Diploma Proficient

Grades 9-Diploma Accomplished

Grades 9-Diploma Advanced

Performance Expectations

1. Demonstrate and explain how media artworks and ideas relate to various contexts, purposes, and values, such as social trends, power, equality, and personal/cultural identity.

2. Critically evaluate and effectively interact with legal, technological, systemic, and vocational contexts of media arts, considering ethics, media literacy, social media, virtual worlds, and digital identity.

3. Examine in depth and demonstrate the relationships of media arts ideas and works to various contexts, purposes, and values, such as markets, systems, propaganda, and truth.

4. Critically investigate and ethically interact with legal, technological, systemic, and vocational contexts of media arts, considering ethics, media literacy, digital identity, and artist/audience interactivity.

5. Demonstrate the relationships of media arts ideas and works to personal and global contexts, purposes, and values, through relevant and impactful media artworks.

6. Critically investigate and strategically interact with legal, technological, systemic, and vocational contexts of media arts.

The Visual Arts Standards

The Visual Arts Standards are designed to enable students to acquire the knowledge, skills, and understandings to navigate the breadth and depth of the Visual Arts experiences through disciplinary literacy and the development of technical artistic skills. Visual Arts literacy occurs as a result of engaging in an authentic creative process, through the use of a wide variety of traditional, nontraditional, and emerging materials, as well as the inclusion of technology, and applying the formal technical artistic skills of the Elements of Art and Principles of Design, knowing an arts language to describe art, and discovering the expressive qualities of art. Creating, Presenting, Responding, and Connecting are essential components of sequential instruction in a comprehensive K-12 Visual Arts program that foster curiosity and collaboration. The Visual Arts Standards describe expectations for learning in the Visual Arts regardless of style, genre, or media. The Standards serve as an impetus for Arts Educators, through the support of their administrators, to inspire, support, and guide their students in the many facets of Visual Arts education so that Maine students are artistically literate and prepared for a lifelong appreciation, understanding, and engagement in the arts.

While presented chronologically, the processes are best designed and taught in a blended fashion to support rich artistic skills and behaviors. Embedded in the standards are ideas about how Visual Arts learning can be broadened and deepened to support students in making meaning of their lives and their world. They support communicating and learning in art by providing language needed for students and stakeholders alike.

Strand

D. VISUAL ARTS

Standard

A1 – Generate and conceptualize artistic ideas and work.

Childhood

Kindergarten

Grade 1

Grade 2

Performance Expectations

1. Engage in exploration and imaginative play with various arts materials.

2. Engage collaboratively in creative art-making in response to an artistic problem.

3. Engage collaboratively in exploration and imaginative play with materials.

4. Use observation and investigation in preparation for making a work of art.

5. Brainstorm to generate multiple approaches to an art or design problem.

6. Make art or design with various materials and tools to explore personal interests, questions, and curiosities.

Grade 3

Grade 4

Grade 5

Performance Expectations

1. Elaborate on an imaginative idea.

2. Apply knowledge of available resources, tools, and technologies to investigate personal ideas through the art-making process.

3. Brainstorm individual and collaborative approaches to a creative art or design problem.

4. Collaboratively set goals and create artwork that is meaningful and has purpose to the makers.

5. Combine ideas to generate an innovative idea for art-making.

6. Identify and demonstrate diverse methods of artistic investigation to choose an approach for beginning a work of art.

Strand

D. VISUAL ARTS

Standard

A1 – Generate and conceptualize artistic ideas and work.

Early Adolescence

Grades 6-8 Proficient

Grades 6-8 Accomplished

Grades 6-8 Advanced

Performance Expectations

1. Collaboratively exchange strategies, concepts, and different points of view to generate innovative ideas for creating art.

2. Formulate an artistic investigation of personally relevant content for creating art.

3. Apply strategies, concepts, and different points of view to overcome creative blocks.

4. Develop criteria to guide making a work of art or design to meet an identified goal.

5. Document and reflect on the stages of the creative process visually and/or verbally in traditional or new media.

6. Collaboratively shape an artistic investigation of an aspect of present-day life using a contemporary practice of art and design.

Adolescence

Grades 9-Diploma Proficient

Grades 9-Diploma Accomplished

Grades 9-Diploma Advanced

Performance Expectations

1. Use multiple art-making approaches to being creative endeavors.

2. Shape an artistic investigation of an aspect of present-day life using a contemporary practice of art or design.

3. Formulate, individually or collaboratively, new creative problems based on students’ existing artwork.

4. Choose from a range of materials and methods of traditional and contemporary artistic practices to plan works of art and design.

5. Visualize and hypothesize to generate ideas and plans for directions for creating art and design that meets human needs and wants.

6. Choose from a range of materials and methods of traditional and contemporary artistic practices, following or breaking established conventions, to plan the making of a body of original artworks based on a theme, idea, or concept.

Strand

D. VISUAL ARTS

Standard

A2 – Organize and develop artistic ideas and work.

Childhood

Kindergarten

Grade 1

Grade 2

Performance Expectations

1. Build skills in various media and approaches to art-making through experimentation.

2. Identify safe and nontoxic art materials, tools, and equipment.

3. Create art that represents natural and constructed environments.

4. Explore uses of materials and tools to create works of art or design.

5. Demonstrate safe procedures for using and leaning materials, tools, and equipment while making art.

6. Identify and classify uses of everyday objects through drawings, diagrams, sculptures, or other visual means.

7. Experiment with various materials and tools to explore personal interests in a work of art or design.

8. Demonstrate safe procedures for using and cleaning art tools, equipment, and studio spaces.

9. Repurpose found objects to make a new artwork or design.

Grade 3

Grade 4

Grade 5

Performance Expectations

1. Create personally satisfying artwork using a variety of artistic processes and materials.

2. Demonstrate an understanding of the safe and proficient use of materials, tools, and equipment for a variety of artistic processes.

3. Individually and collaboratively construct representations diagrams, or maps of places that are part of everyday life.

4. Explore and invent art-making techniques and approaches.

5. Utilize and care for materials, tools, and equipment in a manner that prevents danger to oneself or others.

6. Document, describe, and represent regional constructed environments.

7. Experiment and develop skills in multiple art-making techniques and approaches through practice.

8. Demonstrate quality craftsmanship through care for, and use of, materials, tools, and equipment.

9. Identify, describe, and visually document places and/or objects of personal significance.

Strand

D. VISUAL ARTS

Standard

A2 – Organize and develop artistic ideas and work.

Early Adolescence

Grades 6-8 Proficient

Grades 6-8 Accomplished

Grades 6-8 Advanced

Performance Expectations

1. Demonstrate openness in trying new ideas, materials, methods, and approaches in making works of art and design.

2. Explain environmental implications of conservation, care, and clean-up of arts materials, tools, and equipment.

3. Design or redesign objects, places, or systems that meet the identified needs of diverse users.

4. Demonstrate persistence in developing skills with various materials, methods, and approaches in creating works of art or design.

5. Demonstrate awareness of ethical responsibilities to oneself and others when posting and sharing images and other materials through the internet, social media, and other communication formats.

6. Apply visual organizational strategies to design and produce a work of art, design, or media that clearly communicates information and ideas.

7. Demonstrate willingness to experiment, innovate, and take risks to pursue ideas, forms, and meanings that emerge in the process of art-making or designing.

8. Demonstrate awareness of practices, issues, and ethics of appropriation, fair use, copyright, open source, and creative commons as they apply to creating works of art and design.

9. Select, organize, and design images and text to make visually clear and compelling artistic work.

Strand

D. VISUAL ARTS

Standard

A2 – Organize and develop artistic ideas and work.

Adolescence

Grades 9-Diploma Proficient

Grades 9-Diploma Accomplished

Grades 9-Diploma Advanced

Performance Expectations

1. Engage in making a work of art or design without having a preconceived plan.

2. Explain how traditional and nontraditional materials may impact human health and the environment, and demonstrate safe handling of materials, tools, and equipment.

3. Collaboratively develop a proposal for an installation, artwork, or space design that transforms the perception and experience of a particular place.

4. Through experimentation, practice, and persistence, demonstrate acquisition of skills and knowledge in a chosen art form.

5. Demonstrate awareness of ethical implications of making and distributing creative work.

6. Redesign an object, system, place, or design in response to contemporary issues.

7. Experiment, plan, and make multiple works of art and design that explore a personally meaningful theme, idea, or concept.

8. Demonstrate understanding of the importance of balancing freedom and responsibility in the use of images, materials, tools, and equipment in the creation and circulation of creative work.

9. Demonstrate in works of art or design how visual and material culture defines, shapes, enhances, inhibits, and/or empowers peoples’ lives.

Strand

D. VISUAL ARTS

Standard

A3 – Refine and complete artistic work.

Childhood

Kindergarten

Grade 1

Grade 2

Performance Expectations

Explain the process of making art while creating.

Use vocabulary to describe choices while creating art.

Discuss and reflect with peers about choices made in creating artwork.

Grade 3

Grade 4

Grade 5

Performance Expectations

Discuss, reflect, and add details to enhance an artwork’s emerging meaning.

Revise artwork in progress on the basis of insights gained through peer discussion.

Use art vocabulary to describe personal choices in artmaking and in creating artist statements.

Early Adolescence

Grades 6-8 Proficient

Grades 6-8 Accomplished

Grades 6-8 Advanced

Performance Expectations

Reflect on whether personal artwork conveys the intended meaning and revise accordingly.

Reflect on and explain important information about personal artwork in an artist statement or

another format.

Apply relevant criteria to examine, reflect on, and plan revisions for a work of art or design in progress.

Adolescence

Grades 9-Diploma Proficient

Grades 9-Diploma Accomplished

Grades 9-Diploma Advanced

Performance Expectations

Apply relevant criteria from traditional and contemporary cultural contexts to examine, reflect on, and plan revisions for works of art and design in progress.

Engage in constructive critique with peers, then reflect on, re-engage, revise, and refine works of art and design in response to personal artistic vision.

Reflect on, re-engage, revise, and refine works of art or design considering relevant traditional and contemporary criteria as well as personal artistic vision.

Strand

D. VISUAL ARTS

Standard

B1 – Select, analyze, and interpret artistic work for presentation.

Childhood

Kindergarten

Grade 1

Grade 2

Performance Expectations

Select art objects for personal portfolio and display, explaining why they were chosen.

Explain why some objects, artifacts, and artworks are valued over others.

Categorize artwork based on a theme or concept for an exhibition.

Grade 3

Grade 4

Grade 5

Performance Expectations

Investigate and discuss possibilities and limitations of spaces, for exhibiting artwork, including digital spaces.

Explore how past, present, and emerging technologies have impacted the preservation and presentation of artwork.

Define the roles and responsibilities of a curator, explaining the skills and knowledge needed in preserving, maintaining, and presenting objects, artifacts, and artwork.

Early Adolescence

Grades 6-8 Proficient

Grades 6-8 Accomplished

Grades 6-8 Advanced

Performance Expectations

Analyze similarities and differences associated with preserving and presenting two-dimensional, three-dimensional, and digital artwork.

Compare and contrast how technologies have changed the way artwork is preserved, presented, and experienced.

Develop and apply criteria for evaluating a collection of artworks for presentation.

Adolescence

Grades 9-Diploma Proficient

Grades 9-Diploma Accomplished

Grades 9-Diploma Advanced

Performance Expectations

Analyze, select, and curate artifacts and/or artworks for presentation and preservation.

Analyze, select, and critique personal artwork for a collection or portfolio presentation.

Critique, justify, and present choices in the process of analyzing, selecting, curating, and presenting artwork for a specific exhibit or event.

Strand

D. VISUAL ARTS

Standard

B2 – Develop and refine artistic techniques and work for presentation.

Childhood

Kindergarten

Grade 1

Grade 2

Performance Expectations

Explain the purpose of a portfolio or collection.

Ask and answer questions such as where, when, why, and how artwork should be prepared for presentation or preservation.

Distinguish between different materials or artistic techniques for preparing artwork for presentation.

Grade 3

Grade 4

Grade 5

Performance Expectations

Identify exhibit space and prepare works of art, including artists’ statements, for presentation.

Analyze the various considerations for presenting and protecting art in various locations, indoor or outdoor settings, in temporary or permanent forms, and in physical or digital formats.

Develop a logical argument for safe and effective use of materials and techniques for preparing and presenting artwork.

Early Adolescence

Grades 6-8 Proficient

Grades 6-8 Accomplished

Grades 6-8 Advanced

Performance Expectations

Individually or collaboratively, develop a visual plan for displaying works of art, analyzing exhibit space, the accessibility for the viewer, and the layout of the exhibit.

Based on criteria, analyze and evaluate methods for preparing, preserving, and presenting art.

Collaboratively prepare and present selected theme-based artwork for display and formulate exhibition narratives for the viewer.

Adolescence

Grades 9-Diploma Proficient

Grades 9-Diploma Accomplished

Grades 9-Diploma Advanced

Performance Expectations

Individually or collaboratively, analyze and evaluate the reasons and ways an exhibition is presented and how it is accessible to the viewer.

Evaluate, select, and apply methods or processes appropriate to display artwork in a specific place.

Investigate, compare, and contrast methods and processes for preserving, presenting, and protecting a variety of art works .

Strand

D. VISUAL ARTS

Standard

B3 – Convey meaning through the presentation of artistic work.

Childhood

Kindergarten

Grade 1

Grade 2

Performance Expectations

Explain what an art museum is and distinguish how an art museum is different from other buildings.

Identify the roles and responsibilities of people who work in and visit museums and places where artwork is displayed.

Analyze how art exhibited inside and outside of schools (such as in museums, galleries, virtual spaces, and other places) contributes to communities.

Grade 3

Grade 4

Grade 5

Performance Expectations

Investigate and explain how and where various cultures around the world record and illustrate stories and history of life through art.

Compare and contrast purposes of art museums, art galleries, and other places, as well as the types of personal experiences they provide.

Cite evidence about how an exhibition in a museum or other places presents ideas and provides information about a specific concept or topic.

Early Adolescence

Grades 6-8 Proficient

Grades 6-8 Accomplished

Grades 6-8 Advanced

Performance Expectations

Assess, explain, and provide evidence of how museums or other places reflect history and values of a community and/or culture.

Compare and contrast viewing and experiencing collections and exhibitions in different places (physical and/or virtual).

Analyze why and how an exhibition or collection may influence ideas, beliefs, and experiences.

Adolescence

Grades 9-Diploma Proficient

Grades 9-Diploma Accomplished

Grades 9-Diploma Advanced

Performance Expectations

Analyze and describe the impact that an exhibition or collection has on personal awareness of social, cultural, or political beliefs and understandings.

Make, explain, and justify connections between artists or artwork and social, cultural, and political history.

Curate a collection of objects, artifacts, or artwork to impact the viewer’s understanding of social, cultural, and/ or political experiences.

Strand

D. VISUAL ARTS

Standard

C1 – Perceive and analyze artistic work.

Childhood

Kindergarten

Grade 1

Grade 2

Performance Expectations

1. Identify uses of art within one’s personal environment.

2. Describe what an image represents.

3. Select and describe works of art that illustrate daily life experiences of one’s self and others.

4. Compare images that represent the same subject.

5. Perceive and describe aesthetic characteristics of one’s natural world and constructed environments.

6. Categorize images based on expressive qualities.

Grade 3

Grade 4

Grade 5

Performance Expectations

1. Hypothesize about the processes an artist uses to create a work of art.

2. Determine messages communicated by an image.

3. Compare responses to a work of art before and after working in similar media.

4. Analyze components in visual imagery that convey messages.

5. Compare one's own interpretation of a work of art with the interpretation of others.

6. Identify and analyze cultural associations suggested by visual imagery.

Strand

D. VISUAL ARTS

Standard

C1 – Perceive and analyze artistic work.

Early Adolescence

Grades 6-8 Proficient

Grades 6-8 Accomplished

Grades 6-8 Advanced

Performance Expectations

1. Identify and interpret works of art or design that reveal how people live around the world and what they value.

2. Analyze ways that visual elements and cultural connections suggested by images influence ideas, emotions, and actions.

3. Explain how the method of display, the location, and the experience of an artwork influence how it is perceived and valued.

4. Analyze multiple ways that images influence various audiences.

5. Explain how a person’s aesthetic choices are influenced by culture, environment, and personal experiences that impact the message it conveys to others.

6. Compare, and contrast the ways in which context and media influence the ideas, emotions and actions of the viewer.

Adolescence

Grades 9-Diploma Proficient

Grades 9-Diploma Accomplished

Grades 9-Diploma Advanced

Performance Expectations

1. Hypothesize ways in which art influences perception and understanding of human experiences.

2. Analyze how experiencing visual imagery affects the viewer’s understanding of the world.

3. Recognize and describe personal aesthetic and empathetic responses to the natural world and constructed environments.

4. Evaluate the effectiveness of an image to influence ideas, feelings, and behaviors of various audiences.

5. Analyze how responses to art develop over time based on knowledge of and experience with art and life.

6. Determine and evaluate the contexts that generate art trends and the impact that the trends have on the cultures in which they exist.

Strand

D. VISUAL ARTS

Standard

C2 – Interpret intent and meaning in artistic work.

Childhood

Kindergarten

Grade 1

Grade 2

Performance Expectations

With guidance, share observations comparing artworks.

With guidance, compare and contrast subject matter in works of art.

With guidance, categorize subject matter and identify common themes in works of art.

Grade 3

Grade 4

Grade 5

Performance Expectations

Interpret mood in artwork by analyzing subject matter and characteristics of form.

Interpret art by analyzing relevant subject matter, characteristics of form, and use of media.

Interpret art by referring to contextual information and analyzing subject matter, characteristics of form, and use of media.

Early Adolescence

Grades 6-8 Proficient

Grades 6-8 Accomplished

Grades 6-8 Advanced

Performance Expectations

Interpret arts by distinguishing between relevant and non-relevant contextual information and analyzing subject matter, characteristics of form and structure, and use of media.

Interpret ideas and mood in art by analyzing artmaking approaches, characteristics of form and structure, relevant contextual information, subject matter, and use of media.

Analyze how the interaction of subject matter, characteristics of form and structure, use of media, artmaking approaches, and relevant contextual information contributes to understanding messages or ideas and mood conveyed.

Adolescence

Grades 9-Diploma Proficient

Grades 9-Diploma Accomplished

Grades 9-Diploma Advanced

Performance Expectations

Construct interpretations of artwork, supported by relevant and sufficient evidence found both in the work and in various contexts.

Identify types of contextual information useful in the process of constructing interpretations of an artwork or collection of works.

Analyze differing interpretations of an artwork or collection of works in order to select and defend a plausible critical analysis.

Strand

D. VISUAL ARTS

Standard

C3 – Apply criteria to evaluate artistic work.

Childhood

Kindergarten

Grade 1

Grade 2

Performance Expectations

Explain reasons for selecting a preferred artwork.

Categorize artwork, based on different reasons for preferences.

Use learned art vocabulary to express preferences about artwork.

Grade 3

Grade 4

Grade 5

Performance Expectations

Evaluate an artwork based on given criteria.

Apply one set of criteria to evaluate more than one work of art.

Develop and apply relevant criteria to evaluate a work of art.

Early Adolescence

Grades 6-8 Proficient

Grades 6-8 Accomplished

Grades 6-8 Advanced

Performance Expectations

Recognize differences in criteria used to evaluate works of art, depending on styles, genres, and media as well as on historical and cultural contexts.

Compare and explain the difference between an evaluation of an artwork based on personal criteria and an evaluation of an artwork based on a set of established criteria.

Create a convincing and logical argument to support an evaluation of art.

Adolescence

Grades 9-Diploma Proficient

Grades 9-Diploma Accomplished

Grades 9-Diploma Advanced

Performance Expectations

Establish relevant criteria in order to evaluate a work of art or collection of works.

Determine the relevance of criteria used by others to evaluate a work of art or collection of works.

Construct evaluations of a work of art or collection of works based on differing sets of criteria.

Strand

D. VISUAL ARTS

Standard

D1 – Synthesize and relate knowledge and personal experiences to make art.

Childhood

Kindergarten

Grade 1

Grade 2

Performance Expectations

Create art that tells a story about a life experience.

Create works of art about events in home, school, or community life.

Create works of art inspired by events in home, school, or community life.

Grade 3

Grade 4

Grade 5

Performance Expectations

Develop a work of art based on observations of surroundings.

Create works of art that reflect home, school, or community traditions.

Generate a collection of ideas reflecting community issues that could be investigated in artistic work.

Early Adolescence

Grades 6-8 Proficient

Grades 6-8 Accomplished

Grades 6-8 Advanced

Performance Expectations

Apply concepts of art and design to view surroundings in new ways.

Individually or collaboratively document places and times in which people gather to make and experience art or design in the community.

Make art individually or collaboratively to reflect on aspects of group identity.

Adolescence

Grades 9-Diploma Proficient

Grades 9-Diploma Accomplished

Grades 9-Diploma Advanced

Performance Expectations

Document the process of developing ideas from early stages to fully elaborated ideas.

Utilize inquiry methods of observation, research, and experimentation to explore unfamiliar subjects through artmaking.

Synthesize knowledge of social, cultural, historical, and personal life with art-making approaches to create meaningful works of art or design.

Strand

D. VISUAL ARTS

Standard

D2 – Relate artistic ideas and works with societal, cultural, and historical contexts to deepen understanding.

Childhood

Kindergarten

Grade 1

Grade 2

Performance Expectations

Identify the purpose of an artwork.

Understand that people from different places and times have made art for a variety of reasons.

Compare and contrast cultural uses of artwork from different times and places.

Grade 3

Grade 4

Grade 5

Performance Expectations

Recognize that responses to art change depending on knowledge of the time and place in which it was made.

Through observation, infer information about time, place, and culture in which a work of art was created.

Identify how art is used to inform or change beliefs, values, or behaviors of an individual or society.

Early Adolescence

Grades 6-8 Proficient

Grades 6-8 Accomplished

Grades 6-8 Advanced

Performance Expectations

Analyze how art reflects changing times, traditions, resources, and cultural uses.

Analyze how response to art is influenced by understanding the time and place in which it was created, the available resources, and cultural uses.

Distinguish different ways art is used to represent, establish, reinforce, and reflect group identity.

Adolescence

Grades 9-Diploma Proficient

Grades 9-Diploma Accomplished

Grades 9-Diploma Advanced

Performance Expectations

Describe how knowledge of culture, traditions, and history may influence personal responses to art.

Compare uses of art in a variety of societal, cultural, and historical contexts and make connections to uses of art in contemporary and local contexts.

Assess the impact of an artist or a group of artists on the beliefs, values, and behaviors of a society.

The Theatre Standards

The visual & performing/fine arts are a core subject area, critical to the education and health of every student. A theatre arts education, in particular, contributes to a child’s understanding of their social and emotional development and ensures they develop valuable skills necessary for them to become critical thinkers, creative problem solvers, and productive collaborators. Participation in theatre instills confidence, fosters effective communication, promotes empathetic understanding, and encourages self-expression in students; these transferable skills lead to greater well-being and to higher achievement in other core disciplines. It is vital that students learn to recognize and appreciate how profoundly the arts impact their world outside of the classroom.

Articulated through the four artistic processes of creating, performing, responding, and connecting, the theatre standards are rooted in a creative approach to teaching and learning. These artistic processes define the link between art and learner, and they reflect the fundamental ways that the brain and body make art. When students are CREATING, they are “conceiving and developing new artistic ideas and work”; by PERFORMING, they are “realizing artistic ideas and work through interpretation and presentation.” When RESPONDING, students are “understanding and evaluating how the arts convey meaning,” and CONNECTING occurs when students are “relating artistic ideas and work with personal meaning and external context.”

The standards provide a scaffolded approach to theatre instruction, outlining expected learning goals and grade-appropriate demonstrations of knowledge and skills. Arranged by grade level (K-8) and by proficiency level (high school), the standards define how students learn as they progress through arts education, with the goals of achieving proficiency and developing artistic literacy. The performance expectations describe the skills that artist-learners must achieve to demonstrate proficiency. Teachers can use these expectations to implement standards-based learning through authentic assessments within their curricula.

Maine schools vary in their resources and in their approaches to theatre studies; therefore, these standards, along with their enduring understandings, essential questions, and performance expectations, are meant to be a guide and not a set curriculum. Additionally, they are designed to be applicable to the various aspects of theatre, and to provide flexibility in use. The performance expectations allow students to meet standards in multiple ways, demonstrating their proficiency through a variety of theatrical experiences, including acting, directing, playwriting, dramaturgy, analysis, design, and all aspects of technical theatre. The language is intentionally consistent, inclusive, and broad. The glossary, included among the resource documents, offers clarity and specificity.

MAINE’S THEATRE HERITAGE

Maine’s long and rich theatrical history has made significant contributions to the collaborative art form — locally, nationally, and even internationally — and award-winning playwrights, directors, designers, performers, and technicians from Maine have been recognized in their respective fields. There is an abundance and variety of theatrical activity in virtually every region of the state: from summer stock to year-round companies; from Shakespeare presented outdoors in Maine’s natural landscapes to experimental fringe festivals produced in more urban areas. The student theatre organization at the University of Maine is the oldest academic theatrical organization in the country. Each year, thousands of students from the state participate in theatre festivals, conferences, and productions. And many of those students have chosen to remain in or return to Maine to become theatre educators, administrators, advocates, and patrons. Though not all of Maine’s theatre students continue direct participation in the performing arts, many attribute their future successes to having studied and participated in theatre. The quality and excellence of theatre education in Maine schools is a major contributing factor to their overall success and well-being.

Strand

E. THEATRE

Standard

A1 – Generate and conceptualize artistic ideas and work.

Childhood

Kindergarten

Grade 1

Grade 2

Performance Expectations

1. Recall the ideas and details used in the development of a story, including the development of its characters and/or environment.

2. Recall the ways in which tools and techniques may be used to create or tell a story.

3. List the ideas and details used in the development of a story, including the development of its characters and/or environment.

4. List the ways in which tools and techniques may be used to create or tell a story.

5. Define the ideas and details used in the development of a story, including the development of its characters and/or environment.

6. Define the ways in which tools and techniques may be used to create or tell a story.

Grade 3

Grade 4

Grade 5

Performance Expectations

1. Describe the ideas and details used in the development of a story or theatrical work, including the development of its characters and/or environment.

2. Describe the ways in which tools and techniques may be used to create or tell a story or theatrical work.

3. Explain the ideas and details used in the development of a story or theatrical work, including the development of its characters and/or environment.

4. Explain the ways in which tools and techniques may be used to create or tell a story or theatrical work.

5. Compare the ideas and details used in the development of a story or theatrical work, including the development of its characters and/or environment.

6. Compare the ways in which tools and techniques may be used to create or tell a story or theatrical work.

Early Adolescence

Grades 6-8

Performance Expectations

1. Examine and experiment with the ideas and details used in the development of a theatrical work, including the development of its characters and/or environment.
2. Examine and experiment with the tools and techniques that may be used to create or retell a theatrical work.

Strand

E. THEATRE

Standard

A1 – Generate and conceptualize artistic ideas and work.

Adolescence

Grades 9-Diploma Proficient

Grades 9-Diploma Accomplished

Grades 9-Diploma Advanced

Performance Expectations

1. Analyze the ideas and details used in the development of a theatrical work, including the development of its characters and/or environment.

2. Analyze the ways in which tools and techniques may be used to create or retell a theatrical work.

3. Interpret and support the ideas and details used in the development of a theatrical work, including the development of its characters and/or environment.

4. Interpret and support tools and techniques that may be used to create or retell a theatrical work.

5. Develop and justify part of a theatrical work, including its characters and/or environment, based upon the selection of ideas and details.

6. Design, develop, and justify part of a theatrical work, using a variety of tools and techniques.

Strand

E. THEATRE

Standard

A2 – Organize and develop artistic ideas and work.

Childhood

Kindergarten

Grade 1

Grade 2

Performance Expectations

1. Recall the collaborative and interdependent roles involved in the creation or retelling of a story.

2. Recall the original ideas used in the creation and development of a story.

3. Identify the collaborative and interdependent roles involved in the creation or retelling of a story.

4. Identify the original ideas used in the creation and development of a story.

5. Define the collaborative and interdependent roles involved in the creation or retelling of a story.

6. Define the original ideas used in the creation and development of a story.

Grade 3

Grade 4

Grade 5

Performance Expectations

1. Describe the collaborative and interdependent roles involved in the creation or retelling of a story or theatrical work.

2. Describe the original ideas used in the creation and development of a story or theatrical work.

3. Explain the collaborative and interdependent roles involved in the creation or retelling of a story or theatrical work.

4. Explain the original ideas used in the creation and development of a story or theatrical work.

5. Compare the collaborative and interdependent roles involved in the creation or retelling of a story or theatrical work.

6. Compare the original ideas used in the creation and development of a story or theatrical work.

Early Adolescence

Grades 6-8

Performance Expectations

1. Examine and experiment with the collaborative and interdependent roles involved in the creation or retelling of a theatrical work.
2. Examine and experiment with the original ideas used in the creation and development of a theatrical work.

Strand

E. THEATRE

Standard

A2 – Organize and develop artistic ideas and work.

Adolescence

Grades 9-Diploma Proficient

Grades 9-Diploma Accomplished

Grades 9-Diploma Advanced

Performance Expectations

1. Analyze the collaborative and interdependent roles involved in the creation or retelling of a theatrical work.

2. Analyze the original ideas used in the creation and development of a theatrical work - elements, choreographic devices, and dance structures serve to communicate the artistic statement.

3. Interpret and justify the collaborative and interdependent roles involved in the creation or retelling of a theatrical work.

4. Interpret and justify revisions to the original ideas used in the creation and development of a theatrical work in order to improve and evolve it.

5. Create a theatrical work and justify choices while participating in one of the collaborative and interdependent roles.

6. Develop, synthesize, refine, and justify original ideas in the creation and development of a theatrical work.

Strand

E. THEATRE

Standard

A3 – Refine and complete artistic work.

Childhood

Kindergarten

Grade 1

Grade 2

Performance Expectations

1. Recall ways to revise, refine, and adapt ideas to fit the given parameters of a story.

2. Recall the ways that stories may be changed or revised.

3. Identify ways to revise, refine, and adapt ideas to fit the given parameters of a story.

4. Identify the ways that stories may be changed or revised.

5. Define ways to revise, refine, and adapt ideas to fit the given parameters of a story.

6. Define the ways that stories may be changed or revised.

Grade 3

Grade 4

Grade 5

Performance Expectations

1. Describe ways to revise, refine, and adapt ideas to fit the given parameters of a story or theatrical work.

2. Describe the ways that choices may be revised during the course of writing, designing, or rehearsing to support a story or theatrical work.

3. Explain ways to revise, refine, and adapt ideas to fit the given parameters of a story or theatrical work.

4. Explain the ways that choices may be revised during the course of writing, designing, or rehearsing to support a story or theatrical work.

5. Compare ways to revise, refine, and adapt ideas to fit the given parameters of a story or theatrical work.

6. Compare the ways that choices may be revised during the course of writing, designing, or rehearsing to support a story or theatrical work.

Early Adolescence

Grades 6-8

Performance Expectations

1. Examine and experiment with ways to revise, refine, and adapt ideas and choices in a devised or scripted theatrical work.
2. Examine and experiment with the ways that character, design, and/or technical choices may be revised during the course of a rehearsal process to enhance the story and emotional impact of a devised or scripted theatrical work.

Strand

E. THEATRE

Standard

A3 – Refine and complete artistic work.

Adolescence

Grades 9-Diploma Proficient

Grades 9-Diploma Accomplished

Grades 9-Diploma Advanced

Performance Expectations

1. Analyze ways to revise, refine, and adapt ideas and choices in a devised or scripted theatrical work.

2. Analyze the ways that character, design, and/or technical choices may be revised during the course of a rehearsal process to enhance the story and emotional impact of a devised or scripted theatrical work.

3. Interpret and support ways to revise, refine, and adapt ideas and choices in a devised or scripted theatrical work.

4. Interpret and support the ways that character, design, and/or technical choices may be revised during the course of a rehearsal process to enhance the story and emotional impact of a devised or scripted theatrical work.

5. Reimagine, redesign, refine, and justify choices in a devised or scripted theatrical work.

6. Reimagine, redesign, refine, and justify character, design, and/or technical choices during the course of a rehearsal process to enhance the story and emotional impact of a devised or scripted theatrical work.

Strand

E. THEATRE

Standard

B1 – Select, analyze, and interpret artistic work for presentation.

Childhood

Kindergarten

Grade 1

Grade 2

Performance Expectations

Identify storytelling elements.

1. Describe elements in a storytelling experience.

2. Use tools and techniques to communicate meaning in a storytelling experience.

3. Interpret elements in a storytelling experience.

4. Use tools and techniques to communicate meaning in a storytelling experience.

Grade 3

Grade 4

Grade 5

Performance Expectations

1. Identify elements of a story.

2. Use tools and techniques to create a storytelling or theatrical work.

3. Interpret dialogue in a storytelling or theatrical work.

4. Develop a character in a storytelling or theatrical work.

5. Describe the subtext in dialogue and action in a storytelling or theatrical work.

6. Use tools and techniques to create meaning in a storytelling or theatrical work.

Early Adolescence

Grades 6-8

Performance Expectations

1. Identify elements of theatrical storytelling.
2. Create, adapt, or interpret a piece of theatrical work.

Adolescence

Grades 9-Diploma Proficient

Grades 9-Diploma Accomplished

Grades 9-Diploma Advanced

Performance Expectations

1. Identify essential elements that influence artistic choices in a theatrical work.

2. Choose appropriate tools, techniques, and processes to communicate meaning in a theatrical work.

3. Design, adapt, or interpret a theatrical piece of work.

4. Apply artistic choices in a theatrical work.

5. Illustrate the central message of the theatrical piece of work.

6. Justify choices that may impact the audience’s experience.

Strand

E. THEATRE

Standard

B2 – Develop and refine artistic techniques and work for presentation.

Childhood

Kindergarten

Grade 1

Grade 2

Performance Expectations

Explore and experiment with various elements of storytelling.

1. Identify tools artists use to tell stories.

2. Use tools to express various elements of storytelling.

3. Identify tools and techniques artists use to tell stories.

4. Use tools and techniques that enhance the storytelling experience.

Grade 3

Grade 4

Grade 5

Performance Expectations

1. Identify tools, techniques and processes artists use to tell stories.

2. Use tools, techniques and processes that enhance the storytelling experience

3. Apply appropriate tools and techniques to a theatrical work to communicate ideas, feelings and meaning.

4. Explain how an artist’s choices to communicate ideas, feelings and meaning.

5. Apply appropriate tools and techniques to a theatrical work.

6. Analyze tools, techniques, and processes in a theatrical piece of work.

Early Adolescence

Grades 6-8

Performance Expectations

1. Identify appropriate elements that impact a theatrical work.
2. Apply tools, techniques, and processes to communicate meaning in a theatrical work.
3. Justify choices that impact the theatrical work.

Adolescence

Grades 9-Diploma Proficient

Grades 9-Diploma Accomplished

Grades 9-Diploma Advanced

Performance Expectations

1. Choose tools, techniques, and processes for a piece of theatrical work.
2. Apply tools, techniques, and processes to a piece of theatrical work.

Evaluate the impact of the artist’s unique choices in a theatrical work.

Defend choices made in developing a piece of theatrical work.

.

Strand

E. THEATRE

Standard

B3 – Convey meaning through the performance/presentation of artistic work.

Childhood

Kindergarten

Grade 1

Grade 2

Performance Expectations

Explore tools and techniques in storytelling.

Use tools and techniques to communicate meaning in storytelling experiences.

Collaborate in storytelling experiences.

Grade 3

Grade 4

Grade 5

Performance Expectations

1. Collaborate in storytelling experiences.

2. Identify artistic choices that impact storytelling and theatrical work.

3. Collaborate in guided storytelling experiences.

4. Explain how artistic choices impact storytelling and theatrical work.

5. Share or present an artistic work to an audience.

6. Explain how the creator’s choices impact the artistic work.

Early Adolescence

Grades 6-8

Performance Expectations

1. Share or present an artistic work to an audience.
2. Evaluate how choices impact the artistic work.

Adolescence

Grades 9-Diploma Proficient

Grades 9-Diploma Accomplished

Grades 9-Diploma Advanced

Performance Expectations

Present or perform an artistic work to an audience.

Employ tools and techniques to present or perform an artistic work to an audience.

1. Communicate meaning through an artistic work.
2. Defend choices that impact the artistic work.

Strand

E. THEATRE

Standard

C1 – Perceive and analyze artistic work.

Childhood

Kindergarten

Grade 1

Grade 2

Performance Expectations

Express an emotional response to characters in storytelling.

Recall and identify choices made by characters in storytelling.

Recognize and identify when artistic choices are made storytelling.

Grade 3

Grade 4

Grade 5

Performance Expectations

Describe artistic choices made in storytelling/theatrical work.

Demonstrate understanding of why artistic choices are made in storytelling/theatrical work.

Explain personal reactions to artistic choices made in storytelling/

theatrical work.

Early Adolescence

Grades 6-8

Performance Expectations

1. Compare personal reactions to artistic choices made in a theatrical work with the personal reactions of peers.
2. Apply criteria to the evaluation of artistic choices in theatrical work.

Adolescence

Grades 9-Diploma Proficient

Grades 9-Diploma Accomplished

Grades 9-Diploma Advanced

Performance Expectations

Develop criteria for artistic choices by responding to what is seen, felt, and heard in theatrical work.

Explain how multiple interpretations of artistic criteria may be used to influence future artistic choices in a theatrical work.

Justify personal responses to a theatrical work using historical and cultural context.

Strand

E. THEATRE

Standard

C2 – Interpret intent and meaning in artistic work.

Childhood

Kindergarten

Grade 1

Grade 2

Performance Expectations

1. Identify preferences in storytelling.

2. Identify and describe settings in storytelling.

3. Explain preferences and emotions in storytelling.

4. Identify causes of character actions in storytelling.

5. Describe how personal emotions and choices compare to the emotions of characters in storytelling.

6. Explain how personal preferences and emotions affect an observer’s response in storytelling.

7. Identify causes and consequences of character actions in storytelling.

8. Describe how other’s emotions and choices may compare to the emotions of characters in storytelling.

Grade 3

Grade 4

Grade 5

Performance Expectations

1. Describe multiple personal experiences when participating in or observing storytelling or theatrical work.

2. Describe multiple ways to develop a character using physical characteristics and design choices that reflect cultural perspectives in storytelling/theatrical work.

3. Examine how connections are made between oneself and a character’s emotions in storytelling or theatrical work.

4. Compare and contrast multiple personal experiences when participating in or observing storytelling or theatrical work.

5. Compare and contrast the qualities of characters that reflect cultural perspectives in storytelling/theatrical work.

6. Identify and discuss physiological changes connected to emotions in storytelling or theatrical work.

7. Justify responses to storytelling/theatrical work based on personal experiences.

8. Explain responses to storytelling or theatrical elements based on cultural perspectives.

9. Investigate the effects of emotions on physical responses in storytelling/theatrical work.

Strand

E. THEATRE

Standard

C2 – Interpret intent and meaning in artistic work.

Early Adolescence

Grades 6-8

Performance Expectations

1. Identify, explain, and share how artists make choices based on personal experience.
2. Identify, analyze, and describe how cultural perspectives can influence the evaluation of a theatrical work.
3. Identify and apply personal aesthetics, preferences, and beliefs to evaluate a theatrical work.

Adolescence

Grades 9-Diploma Proficient

Grades 9-Diploma Accomplished

Grades 9-Diploma Advanced

Performance Expectations

1. Analyze and compare artistic choices developed from personal experiences in theatrical work.

2. Identify and compare cultural perspectives and contexts that influence the evaluation of theatrical work.

3. Apply personal aesthetics, preferences, and beliefs to evaluate theatrical work.

4. Document detailed supporting evidence to support artistic choices in a theatrical work.

5. Apply concepts from a theatre work for personal realization about cultural perspectives and understanding.

6. Debate and describe multiple aesthetics, preferences, and beliefs related to theatrical work.

7. Revise personal work and interpret the work of others by providing detailed supporting evidence in theatre work.

8. Shape personal responses to theatre work through the use of new understandings of cultures and contexts.

9. Create a context for critical research through the use of aesthetics, preferences, and beliefs that inform artistic decisions in a theatrical work.

Strand

E. THEATRE

Standard

C3 – Apply criteria to evaluate artistic work.

Childhood

Kindergarten

Grade 1

Grade 2

Performance Expectations

Engage with others in a storytelling experience.

1. Build on others’ ideas in a storytelling experience.

2. Identify elements in a storytelling experience.

3. Compare and contrast characters’ experiences in a storytelling experience.

4. Collaborate with peers in storytelling.

5. Identify and use technical elements in storytelling.

6. Describe how characters respond to challenges in storytelling.

Grade 3

Grade 4

Grade 5

Performance Expectations

1. Recognize how and why groups evaluate storytelling or theatrical work.

2. Describe theatrical elements from multiple storytelling or theatrical works.

3. Identify problems and situations in a storytelling or theatrical work from an audience’s perspective.

4. Develop a plan to evaluate a storytelling or theatrical work.

5. Investigate how technical elements may support a theme or idea in storytelling or theatrical work.

6. Explain how a character’s choices may impact an audience’s perspective.

7. Select criteria with which to evaluate a storytelling or theatrical work.

8. Assess and explain how technical elements represent the theme of a story or theatrical work.

9. Recognize and describe how a character’s circumstances impact an audience’s perspective.

Early Adolescence

Grades 6-8

Performance Expectations

1. Evaluate and respond to a theatre work using supporting evidence, personal aesthetics, and artistic criteria.
2. Describe the aesthetics of production elements used in a theatrical work.
3. Identify the audience and purpose of a theatrical work.

Strand

E. THEATRE

Standard

C3 – Apply criteria to evaluate artistic work.

Adolescence

Grades 9-Diploma Proficient

Grades 9-Diploma Accomplished

Grades 9-Diploma Advanced

Performance Expectations

1. Examine a theatre work using criteria related to art forms, history, culture, and other disciplines.

2. Describe the aesthetics of production elements in a theatrical work.

3. Identify the audience and purpose of a theatrical work to formulate a deeper understanding and appreciation.

4. Evaluate a theatrical work using criteria related to art forms, history, culture, and other disciplines.

5. Interpret meaning in a theatrical work, while considering personal aesthetics and knowledge of production elements.

6. Describe what and how a theatrical work communicates for a specific audience and purpose.

7. Evaluate cultural and historical information related to a theatrical work in order to support or evaluate artistic choices.

8. Analyze and evaluate varied aesthetic interpretations of production elements for theatrical work.

9. Identify and explain the connection between a theatrical work and contemporary issues that may impact audiences.

Strand

E. THEATRE

Standard

D1 – Synthesize and relate knowledge and personal experiences to create art.

Childhood

Kindergarten

Grade 1

Grade 2

Performance Expectations

Recall similarities between a story and personal experience in dramatic play or a guided storytelling experience.

Explain how character emotions in a guided storytelling experience relate to personal experience.

Explain how character experiences relate to personal experiences in a guided storytelling experience.

Grade 3

Grade 4

Grade 5

Performance Expectations

Identify personal experiences and knowledge to make connections to community and culture in a theatrical work.

Identify ways theatrical work reflects the perspectives of a community or culture.

Explain how theatre connects to a community or culture.

Early Adolescence

Grades 6-8

Performance Expectations

Explore or examine a community issue through multiple perspectives in a theatrical work.

Adolescence

Grades 9-Diploma Proficient

Grades 9-Diploma Accomplished

Grades 9-Diploma Advanced

Performance Expectations

Analyze and explain how cultural perspectives, community ideas and personal beliefs impact a theatrical work.

Interpret how a theatrical work reflects or questions personal beliefs.

Devise a theatrical work that examines a critical global issue using multiple perspectives.

Strand

E. THEATRE

Standard

D2 – Relate artistic ideas and works with societal, cultural, and historical contexts to deepen understanding.

Childhood

Kindergarten

Grade 1

Grade 2

Performance Expectations

1. Identify stories that are different from one another in dramatic play or a guided drama experience.

2. Tell a short story in dramatic play or a guided drama experience.

3. Identify similarities and differences in stories from one’s own community in a guided drama experience.

4. Dramatize a short scene based on a fictional literary source in a guided drama experience.

5. Identify similarities and differences in stories from multiple cultures in a guided drama experience.

6. Dramatize a short scene based on a non-fiction literary source in a guided drama experience.

Grade 3

Grade 4

Grade 5

Performance Expectations

1. Explore how stories are adapted from literature to theatrical work.

2. Examine how artists have historically presented the same stories using a variety of art forms, genres, tools, and techniques.

3. Identify cross-cultural approaches used in storytelling.

4. Compare theatre tools and techniques of two different time periods.

5. Identify similarities and differences between stories set in different cultures.

6. Identify sources of theatre terminology, tools, and techniques.

Early Adolescence

Grades 6-8

Performance Expectations

1. Research and analyze ways similar theatrical works have been produced.
2. Research a theatre work to better understand how design choices affect a production.

Strand

E. THEATRE

Standard

D2 – Relate artistic ideas and works with societal, cultural, and historical contexts to deepen understanding.

Adolescence

Grades 9-Diploma Proficient

Grades 9-Diploma Accomplished

Grades 9-Diploma Advanced

Performance Expectations

1. Compare ways other artists apply creative processes in a devised or scripted drama or theatre work.

2. Analyze social and cultural aspects of a variety of theatrical works.

3. Formulate creative choices for a devised or scripted theatrical work using a researched topic.

4. Explore how personal beliefs and biases can affect the interpretation of theatrical works.

5. Justify creative choices made in a devised or scripted theatre work, based on the interpretation of critical research.

6. Present and support an opinion about the social, cultural, and historical understandings of a theatre work, based on critical research.

Strand

E. THEATRE

Standard

E1 – Develop and demonstrate disciplinary literacy.

Childhood

Kindergarten

Grade 1

Grade 2

Performance Expectations

1. Identify areas and elements of storytelling and theatre.

2. Illustrate and interact with dramatic elements.

3. Recognize a variety of dramatic devices used to create an existing story or piece of theatrical work.

4. Use dramatic devices to Imagine a new story or piece of theatrical work.

5. Summarize a story piece of theatrical work.

6. Relate, compare, and contrast a summarized piece to another existing piece of theatrical work.

Grade 3

Grade 4

Grade 5

Performance Expectations

1. Discover individual, societal, and/or cultural aspects that influence a story or piece of theatrical work.

2. Choose an individual, societal, or cultural aspect to Use as an inspiration for a new story or piece of theatrical work.

3. Extract essential components of dramatic elements and appraise a piece of theatrical work.

4. Invent a modification to an existing piece of theatrical work.

5. examine a piece of theatrical work and distinguish ways in which dramatic elements correlate to create a unified production.

6. Collaborate and integrate a variety of dramatic elements to create a piece of unified, theatrical work.

Early Adolescence

Grades 6-8

Performance Expectations

1. Explain, analyze, and interpret various pieces of theatrical work.
2. Devise original pieces of theatrical work using improvisation, experimentation, and research.

Strand

E. THEATRE

Standard

E1 – Develop and demonstrate disciplinary literacy.

Adolescence

Grades 9-Diploma Proficient

Grades 9-Diploma Accomplished

Grades 9-Diploma Advanced

Performance Expectations

1. Understand and demonstrate skills, concepts, and terminology to show disciplinary literacy.

2. Develop and refine artistic techniques for work.

3. Demonstrate an understanding of the required knowledge by providing evidence of evaluation.

4. Apply the required knowledge to multiple scenarios with the ability to articulate reasoning for choices made.

5. Illustrate knowledge and skills of a wide variety providing substantial evidence of synthesis.

6. Employ a variety of appropriate techniques to refine existing work and defend artistic choices.

WORLD LANGUAGES

Introduction

Languages are Essential for Success in a Global Community

Learning another language is a lifelong process that not only enhances a student's understanding of their first language, but also allows access to the rich culture and perspectives of the community members of the target language. The Maine Learning Results (MLRs) will thus reflect the interconnectedness and richness of human language and weave curricular elements, emphasizing that no one goal can be achieved in isolation or separated from the others, nor is any one goal more important.  Therefore, some performance expectations will appear within multiple strands given the nature of intercultural communication. These MLRs define what students should know and be able to do with the target language and place content and skill integration as the central focus of instruction. This document is a framework that describes the standards to be met by Maine district language programs and is designed to prepare all students for success upon graduation. The MLRs serve as a road map on the path to the Seal of Biliteracy. Language programs invite, include, support, and benefit all students while empowering them to act as global citizens.

The Maine Learning Results for World Languages Framework

These standards are adapted from the national ACTFL World-Readiness Standards and the NCSSFL-ACTFL Can-Do Statements to meet the MLR framework guidelines. They are purposefully designed to be broad in order to apply to all taught languages - modern, classical and signed - and to leave space for teachers and districts to interpret and design curriculum in order to meet the expectations of their programs. MLRs address what students can independently and consistently do over time in numerous learning situations. They are a framework, not a curriculum or checklist or tool to determine a student's proficiency level.

The MLRs continue to use the 5 ACTFL goal areas:

Communication: communicate effectively in more than one language in order to function in a variety of situations and for multiple purposes.

Cultures: Interact with cultural competence and understanding.

Connections: Connect with other disciplines and acquire information and diverse perspectives in order to use the language to function in academic and career related situations.

Comparisons: Develop insight into the nature of language and culture in order to interact with cultural competence.

Communities: ​​Communicate and interact with cultural competence in order to participate in multilingual communities at home and around the world.

For more in-depth information on the 5 Cs, please see ACTFL’s World-Readiness Standards for Learning Languages. To view ACTFL’s original guidelines and more specific examples for application, see ACTFL’s website: actfl.org. More specific ideas for differentiation of language type and proficiency level are outlined in supplemental resources.

The MLRs are broken down into Performance Expectations. Grade levels from K-5 have distinct Performance Expectations, while in grades 6-8 and grades 9-diploma Performance Expectations are consolidated. The Performance Expectations define skills and establish measurable articulations of what the student understands and can do. Sample performance indicators define student progress in meeting standards within the 5 C goal areas using the benchmarks of language development (Novice, Intermediate, Advanced). The Maine Learning Results represent the ideal of a comprehensive K-12 program. At this time, the majority of school districts in Maine are offering world languages beginning in middle or high school. For this reason, the framework is also organized by linguistic proficiency. In order to access the most appropriate guidelines for students, regardless of their grade level, world language programs should use the Novice Low proficiency guidelines (K/1) as a point of entry for students new to the language of study or to determine placement for performance expectations. Students will move through the proficiency levels more or less quickly depending on factors like age, amount of instruction/exposure, motivation, and family and community support. In a comprehensive K-12 program, the ultimate goal for students would be to communicate in all areas at the Advanced Low proficiency level. However, later entry points lead to various levels of proficiency based on hours/years of study, as well as individual differences in programs and learners. The following expectations are a general guideline and based on daily study in a full-year program:

Two years of study: Novice High

Four years of study: Intermediate Low

Six years of study: Intermediate Mid

Nine years of study: Intermediate High

Thirteen years of study: Advanced Low

Please visit ACTFL’s website for more specific information.

Fundamental Practices for Effective Implementation of the Maine Learning Results

Learning to use a second language in meaningful, authentic, and appropriate ways, is the ultimate goal of world language instruction. Instructing in the target language 90% of the time, as recommended by ACTFL, may be achieved nearly all of the time, through age-appropriate linguistic scaffolding. However, in limited cases, and for certain languages, it may be appropriate to leverage students’ primary languages judiciously in order to achieve the standard.

Maine language classrooms foster risk-taking and mistake-making in order for students to grow in linguistic competence and cultural awareness through relevant, cross-disciplinary, and motivational themes. Students are to see themselves in the curriculum, as well as have a window to view others. Instruction is differentiated according to instructional context, target language, program design, and student profile, so that it is appropriate and rigorous for all students. Because learners' lives and experiences are woven into our proficiency guidelines, World Language classrooms are a center of Social Emotional Learning and Social Justice explorations and connect students to their peers and to their communities.

Communication

Today’s world language learners need to know how to communicate effectively in order to thrive in an ever-changing and challenging global society. The communication standards for World Languages are broken down into three modes of communication: interpersonal, interpretive, and presentational. Interpersonal communication encompasses spontaneous spoken, signed, or written conversations in which learners interact and negotiate meaning. With interpretive communication, learners listen, read, or view resources in order to understand, interpret, and analyze information. It should be noted that ACTFL guidelines are designed with the assumption that resources are authentic, which accounts for a lower performance expectation than with teacher-created materials. In the presentational mode of communication, learners share information, concepts, and ideas to an audience of listeners, readers, or viewers.

Interpersonal Communication

Interpretive Communication

Presentational Communication

Students engage in conversations, provide and obtain information, express feelings and emotions, and exchange opinions.

Learners understand, interpret, and analyze what is heard, read, or viewed on a variety of topics.

Learners present information, concepts, and ideas to inform, explain, persuade, and narrate on a variety of topics using appropriate media and adapting to various audiences of listeners, readers, or viewers.

Strand

Communication: Communicate effectively in more than one language in order to function in a variety of situations and for multiple purposes

Standard

Interpersonal Communication: Students engage in conversations, provide and obtain information, express feelings and emotions, and exchange opinions.

Performance Expectations

Childhood

K - Novice Low

1 - Novice Low

2 - Novice Mid

I can communicate in spontaneous spoken, written, or signed conversations, on both very familiar and everyday topics using a variety of practiced or memorized words, phrases, simple sentences, and questions.

• I can provide information by answering a few simple questions on very familiar topics using practiced or memorized words or phrases with the help of gestures or phrases.
• I can express some basic needs using practiced or memorized words or phrases with the help of gestures or visuals.
• I can express basic preferences or feelings using practiced or memorized words and phrases with the help of gestures or visuals.

I can communicate in spontaneous spoken, written, or signed conversations, on both very familiar and everyday topics using a variety of practiced or memorized words, phrases, simple sentences, and questions.

• I can provide information by answering a few simple questions on very familiar topics using practiced or memorized words or phrases with the help of gestures or phrases.
• I can express some basic needs using practiced or memorized words or phrases with the help of gestures or visuals.
• I can express basic preferences or feelings using practiced or memorized words and phrases with the help of gestures or visuals.

I can communicate in spontaneous spoken, written, or signed conversations, on both very familiar and everyday topics using a variety of practiced or memorized words, phrases, simple sentences, and questions.

• I can request and provide information by asking and answering a few simple questions on very familiar and everyday topics using a mixture of practiced or memorized words, phrases, and simple sentences.
• I can express basic needs related to familiar and everyday activities using a mixture of practiced or memorized words, phrases, simple sentences and questions.
• I can express my own preferences and feelings and react to those of others using a mixture of practiced or memorized words, phrases, simple sentences, and questions.

3 - Novice Mid

4 - Novice High

5 - Novice High

I can communicate in spontaneous spoken, written, or signed conversations, on both very familiar and everyday topics using a variety of practiced or memorized words, phrases, simple sentences, and questions.

• I can request and provide information by asking and answering a few simple questions on very familiar and everyday topics using a mixture of practiced or memorized words, phrases, and simple sentences.
• I can express basic needs related to familiar and everyday activities using a mixture of practiced or memorized words, phrases, simple sentences, and questions.
• I can express my own preferences and feelings and react to those of others using a mixture of practiced or memorized words, phrases, simple sentences, and questions.

I can communicate in spontaneous spoken, written, or signed conversations, on both very familiar and everyday topics using a variety of practiced or memorized and some original phrases, simple sentences, and questions.

• I can request and provide information by asking and answering practiced and some original questions on familiar and everyday topics using simple sentences most of the time.
• I can interact with others to meet my basic needs related to routine, everyday activities using simple sentences and questions most of the time.
• I can express, ask about, and react to preferences, feelings, or opinions on familiar topics using simple sentences most of the time and asking questions to keep the conversation on topic.

I can communicate in spontaneous spoken, written, or signed conversations, on both very familiar and everyday topics using a variety of practiced or memorized and some original phrases, simple sentences, and questions.

• I can request and provide information by asking and answering practiced and some original questions on familiar and everyday topics using simple sentences most of the time.
• I can interact with others to meet my basic needs related to routine, everyday activities using simple sentences and questions most of the time.
• I can express, ask about, and react to preferences, feelings, or opinions on familiar topics using simple sentences most of the time and asking questions to keep the conversation on topic.

Early Adolescence

Adolescence

6-8 - Intermediate Low/Intermediate Mid

9-diploma - Intermediate High/Advanced Low

Intermediate Low

I can participate in spontaneous spoken, written or signed conversations on familiar topics, creating simple sentences to ask and answer a variety of questions.

• I can request and provide information in conversations on familiar topics by creating simple sentences and asking appropriate follow-up questions.
• I can interact with others to meet my basic needs in familiar situations by creating simple sentences and asking appropriate follow-up questions.
• I can express, ask about and react, with some details to preferences, feelings, or opinions on familiar topics by creating simple sentences and asking appropriate follow-up questions.

Intermediate Mid

I can participate in spontaneous spoken, written or signed conversations on familiar topics, creating sentences and series of sentences to ask and answer a variety of questions.

• I can exchange information in conversations on familiar topics and some researched topics, creating sentences and series of sentences and asking a variety of follow-up questions.
• I can interact with others to meet my needs in a variety of familiar situations, creating sentences and series of sentences and asking a variety of follow-up questions.
• I can exchange preferences, feelings and opinions and provide basic advice on a variety of familiar topics, creating sentences and series of sentences, and asking a variety of follow-up questions.

Intermediate High

I can participate in spontaneous spoken, written or signed conversations on familiar topics and some concrete topics that I have researched, creating a series of connected sentences, and asking a variety of questions, often across various time frames.

• I can exchange information in conversations and some discussions on a variety of familiar and some concrete topics that I have researched using connected sentences that may combine to form paragraphs and asking a variety of questions, often across various time frames.
• I can interact with others to meet my needs in a variety of situations - sometimes involving a complication - using connected sentences that may combine to form paragraphs, and asking a variety of questions, often across various time frames.
• I can explain preferences, opinions and emotions, and provide advice on a variety of familiar and some concrete topics that I have researched using connected sentences that may combine to form paragraphs, and asking a variety of questions, often across various time frames.

Advanced Low

I can maintain spontaneous spoken, written or signed conversations and discussions across various time frames on familiar and concrete topics using a series of connected sentences.

• I can exchange information and ideas in discussions on a variety of familiar and concrete academic and social topics using a few simple paragraphs across major time frames.
• I can interact and negotiate to resolve an unexpected complication that arises in a familiar situation using a few simple paragraphs across major time frames.
• I can maintain conversations by providing explanations and comparisons of preferences, opinions and advice on familiar and concrete academic and social topics using a few simple paragraphs across major time frames.

Strand

Communication: Communicate effectively in more than one language in order to function in a variety of situations and for multiple purposes

Standard

Interpretive Communication: Learners understand, interpret, and analyze what is heard, read, or viewed on a variety of topics.

Performance Expectations

Childhood

K - Novice Low

1 - Novice Low

2 - Novice Mid

I can identify practiced or memorized words in very familiar contexts in texts that are spoken, written, or signed.

• I can identify memorized or familiar words when they are supported by gestures or visuals in informational texts.
• I can identify memorized or familiar words when they are supported by gestures or visuals in fictional texts.
• I can understand memorized or familiar words when they are supported by gestures or visuals in conversations.

I can identify practiced or memorized words in very familiar contexts in texts that are spoken, written, or signed.

• I can identify memorized or familiar words when they are supported by gestures or visuals in informational texts.
• I can identify memorized or familiar words when they are supported by gestures or visuals in fictional texts.
• I can understand memorized or familiar words when they are supported by gestures or visuals in conversations.

I can identify some basic information in both very familiar and everyday contexts by recognizing practiced or memorized words and phrases in texts that are spoken, written, or signed.

• I can identify some basic facts from memorized or familiar words and phrases when they are supported by gestures or visuals in informational texts.
• I can identify some basic facts from memorized or familiar words and phrases when they are supported by gestures or visuals in fictional texts.
• I can identify some basic facts from memorized or familiar words and phrases when they are supported by gestures or visuals in conversations.

3 - Novice Mid

4 - Novice High

5 - Novice High

I can identify some basic information in both very familiar and everyday contexts by recognizing practiced or memorized words and phrases in texts that are spoken, written, or signed.

• I can identify some basic facts from memorized or familiar words and phrases when they are supported by gestures or visuals in informational texts.
• I can identify some basic facts from memorized or familiar words and phrases when they are supported by gestures or visuals in fictional texts.
• I can identify some basic facts from memorized or familiar words and phrases when they are supported by gestures or visuals in conversations.

I can identify the general topic and some basic information in both very familiar and everyday contexts by recognizing practiced or memorized simple sentences in texts that are spoken, written, or signed.

• I can identify the topic and some isolated facts from simple sentences in informational texts.
• I can identify the topic and some isolated elements from simple sentences in short fictional texts.
• I can understand familiar questions and statements from simple sentences in conversations.

I can identify the general topic and some basic information in both very familiar and everyday contexts by recognizing practiced or memorized simple sentences in texts that are spoken, written, or signed.

• I can identify the topic and some isolated facts from simple sentences in informational texts.
• I can identify the topic and some isolated elements from simple sentences in short fictional texts
• I can understand familiar questions and statements from simple sentences in conversations.

Early Adolescence

Adolescence

6-8 - Intermediate Low/Intermediate Mid

9-diploma - Intermediate High/Advanced Low

Intermediate Low

I can understand the topic and some pieces of information on familiar topics from sentences within texts that are spoken, written, or signed.

• I can identify the topic and related information from simple sentences in short informational texts.
• I can identify the topic and related information from simple sentences in short fictional texts.
• I can identify the main idea in short conversations.

Intermediate Mid

I can understand the main idea and some pieces of information on familiar topics from sentences and series of connected sentences within texts that are spoken, written, or signed.

• I can understand the main idea and key information in short straightforward informational texts.
• I can understand the main idea and key information in short straightforward fictional texts.
• I can identify the main idea and key information in short straightforward conversations.

Intermediate High

I can usually follow the main message and most pieces of information on familiar topics from sentences and series of connected sentences in various time frames within texts that are spoken, written, or signed.

• I can usually follow the main message in various time frames in straightforward, and sometimes descriptive, paragraph length informational texts.
• I can usually follow the main story and actions expressed in various time frames in paragraph-length fictional texts.
• I can usually understand the main idea and flow of events expressed in various time frames in conversations and discussions.

Advanced Low

I can understand the main message and some supporting details on familiar and general interest topics across major time frames from complex, organized texts that are spoken, written, or signed.

• I can identify the underlying message and some supporting details across major time frames in descriptive informational texts.
• I can follow the main story and some supporting detail across major time frames in fictional texts.
• I can understand the main message and some supporting details across major time frames in conversations and discussions.

Strand

Communication: Communicate effectively in more than one language in order to function in a variety of situations and for multiple purposes

Standard

Presentational Communication: Learners present information, concepts, and ideas to inform, explain, persuade, and narrate on a variety of topics using appropriate media and adapting to various audiences of listeners, readers, or viewers.

Performance Expectations

Childhood

K - Novice Low

1 - Novice Low

2 - Novice Mid

I can present information on both very familiar and everyday topics using a variety of practiced or memorized words, phrases, and simple sentences through spoken, written, or signed language.

• I can introduce myself using practiced or memorized words and phrases, with the help of gestures or visuals.
• I can express my likes and dislikes using practiced or memorized words and phrases, with the help of gestures or visuals.
• I can name very familiar people, places, and objects using practiced or memorized words and phrases, with the help of gestures or visuals.

I can present information on both very familiar and everyday topics using a variety of practiced or memorized words, phrases, and simple sentences through spoken, written, or signed language.

• I can introduce myself using practiced or memorized words and phrases, with the help of gestures or visuals.
• I can express my likes and dislikes using practiced or memorized words and phrases, with the help of gestures or visuals.
• I can name very familiar people, places, and objects using practiced or memorized words and phrases, with the help of gestures or visuals.

I can present information on both very familiar and everyday topics using a variety of practiced or memorized words, phrases, and simple sentences through spoken, written, or signed language.

• I can present information about myself, my interests and my activities using a mixture of practiced or memorized words, phrases and simple sentences.
• I can express my likes and dislikes on very familiar and everyday topics of interest, using a mixture of practiced or memorized words, phrases and simple sentences.
• I can present on very familiar and everyday topics using a mixture of practiced or memorized words, phrases, and simple sentences.

3 - Novice Mid

4 - Novice High

5 - Novice High

I can present information on both very familiar and everyday topics using a variety of practiced or memorized words, phrases, and simple sentences through spoken, written, or signed language.

• I can present information about myself, my interests and my activities using a mixture of practiced or memorized words, phrases, and simple sentences.
• I can express my likes and dislikes on very familiar and everyday topics of interest, using a mixture of practiced or memorized words, phrases and simple sentences.
• I can present on very familiar and everyday topics using a mixture of practiced or memorized words, phrases, and simple sentences.

I can present information on both very familiar and everyday topics using simple sentences most of the time.

• I can present personal information about my life and activities, using simple sentences most of the time.
• I can express my preferences on familiar and everyday topics of interest, using simple sentences most of the time.
• I can present on familiar and everyday topics, using simple sentences most of the time.

I can present information on both very familiar and everyday topics using simple sentences most of the time.

• I can present personal information about my life and activities, using simple sentences most of the time.
• I can express my preferences on familiar and everyday topics of interest, using simple sentences most of the time.
• I can present on familiar and everyday topics, using simple sentences most of the time.

Early Adolescence

Adolescence

6-8 - Intermediate Low/Intermediate Mid

9-diploma - Intermediate High/Advanced Low

Intermediate Low

I can communicate information, make presentations, and express my thoughts about familiar topics, using simple sentences through spoken, written, or signed language.

• I can present personal information about my life, activities and events, using simple sentences.
• I can express my preferences on familiar and everyday topics of interest and explain why I feel that way, using simple sentences.
• I can present on familiar and everyday topics, using simple sentences.

Intermediate Mid

I can communicate information, make presentations, and express my thoughts about familiar topics, using sentences and series of connected sentences through spoken, written, or signed language.

• I can tell a story about my life, activities, events and other social experiences, using sentences and series of connected sentences.
• I can state my viewpoint about familiar topics and give some reasons to support it, using sentences and series of connected sentences.
• I can give straightforward presentations on a variety of familiar topics and some concrete topics I have researched, using sentences and series of connected sentences.

Intermediate High

I can communicate information, make presentations, and express my thoughts about familiar or researched topics, using a few short paragraphs often across various time frames through spoken, written, or signed language.

• I can tell stories about school and community events and personal experiences, using a few short paragraphs, often across various time frames.
• I can state my viewpoint on familiar or researched topics and provide reasons to support it, using a few short paragraphs, often across various time frames.
• I can give detailed presentations on a variety of familiar topics and some concrete topics I have researched, using a few short paragraphs, often across various time frames.

Advanced Low

I can deliver presentations on familiar as well as unfamiliar concrete topics, in paragraphs and using various time frames through spoken, written, or signed language.

• I can tell stories about school and community events and personal experiences, using paragraphs across major time frames.
• I can state a viewpoint with supporting evidence on some concrete academic, social and professional topics of interest using paragraphs across major time frames.
• I can deliver presentations on some concrete academic, social and professional topics of interest, using paragraphs across major time frames.

Cultures

Culture, the products, practices, and achievements of a particular nation, people, or social group, is intricately woven throughout the world’s languages. Using a target language to explore one’s own culture and the cultures that the target language embodies is an experience that creates learners who are aware of and engage with a variety of different perspectives in local and global society, and who are, ultimately, responsible and involved citizens of Maine and the world. Through interacting with global cultures in the World Language classroom, virtually and in various settings and communities, using the target language exclusively or almost exclusively, with appropriate linguistic scaffolding, and by identifying, comparing, investigating and reflecting on cultural products (e.g., arts, tools, media) and practices (e.g., customs, laws, family rituals), learners will be equipped to interact with others with competence and understanding.

Relating Cultural Practices to Perspectives

Relating Cultural Products to Perspectives

Learners use the language to investigate, explain, and reflect on the relationship between the practices and perspectives of the cultures studied.

Learners use the language to investigate, explain, and reflect on the relationship between the products and perspectives of the cultures studied.

Strand

Cultures: Interact with cultural competence and understanding

Standard

Relating Cultural Practices to Perspectives: Learners use the language to investigate, explain, and reflect on the relationship between the practices and perspectives of the cultures studied.

Performance Expectations

Childhood

K - Novice Low

1 - Novice Low

2 - Novice Mid

In my own and other cultures, I can identify practices to help me understand perspectives.

• In my own and other cultures, I can identify typical practices related to familiar everyday life.

In my own and other cultures, I can identify practices to help me understand perspectives.

• In my own and other cultures, I can identify typical practices related to familiar everyday life.

In my own and other cultures, I can identify practices to help me understand perspectives.

• In my own and other cultures, I can identify typical practices related to familiar everyday life.

3 - Novice Mid

4 - Novice High

5 - Novice High

In my own and other cultures, I can identify practices to help me understand perspectives.

• In my own and other cultures, I can identify typical practices related to familiar everyday life.

In my own and other cultures, I can identify practices to help me understand perspectives.

• In my own and other cultures, I can identify typical practices related to familiar everyday life.

In my own and other cultures, I can identify practices to help me understand perspectives.

• In my own and other cultures, I can identify typical practices related to familiar everyday life.
• In my own and other cultures, I can demonstrate typical cultural practices related to familiar everyday life.

Early Adolescence

Adolescence

6-8 - Intermediate Low/Intermediate Mid

9-diploma - Intermediate High/Advanced Low

In my own and other cultures, I can make comparisons among cultural practices to help me understand perspectives.

• In my own and other cultures, I can demonstrate and engage in typical cultural practices related to everyday life and personal interests or studies.
• In my own and other cultures, I can compare practices related to everyday life and personal interests or studies.
• In my own and other cultures, I can identify and compare historical eras.

In my own and other cultures, I can analyze and explain some diversity among cultural practices and how they relate to perspectives.

• In my own and other cultures, I can engage in or analyze some authentic cultural practices related to everyday life and personal interests or studies.
• In my own and other cultures, I can analyze and explain how a variety of practices within familiar and social situations are related to perspectives.
• In my own and other cultures, I can analyze and explain how cultural practices have changed through historical eras.
• In my own and other cultures, I can analyze and explain how cultural perspectives have changed or remained the same through historical eras in relation to cultural practices.

Strand

Cultures: Interact with cultural competence and understanding

Standard

Relating Cultural Products to Perspectives: Learners use the language to investigate, explain, and reflect on the relationship between the products and perspectives of the cultures studied.

Performance Expectations

Childhood

K - Novice Low

1 - Novice Low

2 - Novice Mid

In my own and other cultures, I can identify products to help me understand perspectives.

• In my own and other cultures, I can identify some typical products related to familiar everyday life.

In my own and other cultures, I can identify products to help me understand perspectives.

• In my own and other cultures, I can identify some typical products related to familiar everyday life.

In my own and other cultures, I can identify products to help me understand perspectives.

• In my own and other cultures, I can identify some typical products related to familiar everyday life.

3 - Novice Mid

4 - Novice High

5 - Novice High

In my own and other cultures, I can identify products to help me understand perspectives.

• In my own and other cultures, I can identify some typical products related to familiar everyday life.

In my own and other cultures, I can identify products to help me understand perspectives.

• In my own and other cultures, I can identify some typical products related to familiar everyday life.

In my own and other cultures, I can identify products to help me understand perspectives.

• In my own and other cultures, I can identify some typical products related to familiar everyday life.

Early Adolescence

Adolescence

6-8 - Intermediate Low/Intermediate Mid

9-diploma - Intermediate High/Advanced Low

In my own and other cultures, I can make comparisons among cultural products to help me understand perspectives.

• In my own and other cultures, I can compare products related to everyday life and personal interests or studies.
• In my own and other cultures, I can identify and compare historical eras.

In my own and other cultures, I can analyze and explain diversity among cultural products and how they relate to perspectives.

• In my own and other cultures, I can analyze and explain how a variety of products of public and personal interest are related to perspectives.
• In my own and other cultures, I can analyze and explain how cultural products have changed through historical eras.
• In my own and other cultures, I can analyze and explain how cultural perspectives have changed or remained the same through historical eras in relation to cultural products.

Connections

In order for students to become self-directed lifelong learners, integrated and informed thinkers and responsible citizens, they will begin to make connections between the target language and other content areas starting at the novice level. Through their study of another language, students will investigate a variety of products and practices that make them aware of cultural differences in perspective and tap into their prior knowledge. As their abilities in the language grow, students will be able to effectively communicate those connections and explain the differences in cultural perspectives in their own language(s) and the target language in a variety of topics. This depth of experience through a variety of activities in all content areas will serve to assist students as they make decisions about their post-graduate work. The connections that students make between the language and particular areas of interest will allow them to apply that knowledge in the workforce and navigate more successfully with other cultures in a global community.

Making Connections

Acquiring Information and Diverse Perspectives

Connect with other disciplines and acquire information and diverse perspectives in order to use the language to function in academic and career-related situations

Learners access and evaluate information and diverse perspectives that are available through the target language and its cultures.

Strand

Connections: Connect with other disciplines and acquire information and diverse perspectives in order to use the language to function in academic and career-related situations

Standard

Making Connections: Learners build, reinforce, and expand their knowledge of other disciplines while using the language to develop critical thinking and to solve problems creatively.

Performance Expectations

Childhood

K - Novice Low

1 - Novice Low

2 - Novice Mid

I can identify basic language connections to other Maine Learning Results content areas and the target language and associated culture(s).

• I can use information that I’ve learned in other content areas to make connections between the language and culture(s) being studied and my own.

I can identify basic language connections to other Maine Learning Results content areas and the target language and associated culture(s).

• I can use information that I’ve learned in other content areas to make connections between the language and culture(s) being studied and my own.

I can identify basic language connections to other Maine Learning Results content areas and the target language and associated culture(s).

• I can use information that I’ve learned in other content areas to make connections between the language and culture(s) being studied and my own.

3 - Novice Mid

4 - Novice High

5 - Novice High

I can identify connections between other Maine Learning Results content areas and the target language and associated culture(s).

• I can use information that I’ve learned in other content areas to make connections between the language and culture(s) being studied and my own.

I can identify connections between other Maine Learning Results content areas and the target language and associated culture(s).

• I can use information that I’ve learned in other content areas to make connections between the language and culture(s) being studied and my own.

I can identify connections between other Maine Learning Results content areas and the target language and associated culture(s).

• I can use information that I’ve learned in other content areas to make connections between the language and culture(s) being studied and my own.

Early Adolescence

Adolescence

6-8 - Intermediate Low/Intermediate Mid

9-diploma - Intermediate High/Advanced Low

I can apply information acquired in other MLR content areas to further my knowledge and skills in the target language and associated culture(s).

• I can apply information and/or skills from other MLR content areas including literature, social studies, science and technology, and/or the visual and performing arts to topics discussed in the world language classroom.

I can use resources in the target language to enhance my knowledge of other MLR content areas and associated culture(s).

• I can make connections to other content areas by assessing, interpreting, and reviewing information gathered through target language resources.

Strand

Connections: Connect with other disciplines and acquire information and diverse perspectives in order to use the language to function in academic and career-related situations

Standard

Acquiring Information and Diverse Perspectives: Learners access and evaluate information and diverse perspectives that are available through the target language and its cultures.

Performance Expectations

Childhood

K - Novice Low

1 - Novice Low

2 - Novice Mid

I can recognize some similarities and differences in how information is organized in the target culture(s) and in my own culture(s).

• I can connect knowledge of simple structures and practices from my own language(s) and culture(s) to another.

I can recognize some similarities and differences in how information is organized in the target culture(s) and in my own culture(s).

• I can connect knowledge of simple structures and practices from my own language(s) and culture(s) to another.

I can recognize some similarities and differences in how information is organized in the target culture(s) and in my own culture(s).

• I can connect knowledge of simple structures from my own language(s) and culture(s) to another.

3 - Novice Mid

4 - Novice High

5 - Novice High

I can recognize some distinctive viewpoints available only through authentic target language resources.

• I can connect knowledge of structures and practices from my own language(s) and culture(s) to another.
• I can identify information about the target culture(s)

through culturally authentic communication.

I can recognize some distinctive viewpoints available only through sources from the target language.

• I can connect knowledge of structures and practices from my own language(s) and culture(s) to another.
• I can identify information about the target culture(s)

through culturally authentic communication.

I can recognize some distinctive viewpoints available only through sources from the target language.

• I can connect knowledge of structures and practices from my own language(s) and culture(s) to another.
• I can identify information about the target culture(s) through culturally authentic communication.

Early Adolescence

Adolescence

6-8 - Intermediate Low/Intermediate Mid

9-diploma - Intermediate High/Advanced Low

I can locate authentic resources and identify ideas about the language and associated culture(s) that are available only through resources in the target language.

• I can locate media or other authentic sources from the target language and the culture(s) in which the target language is the primary form of communication.
• I can compare and contrast a perspective and/or practice of a culture(s) with my own culture(s).

I can locate authentic resources and describe ideas about the language and associated culture(s) that are available only through resources in the target language.

• I can interpret short samples of discourse in the target language that reflect the culture(s) in which the target language is the primary form of communication and make connections to the viewpoints of the culture(s) associated with the target language(s).
• I can locate selected magazines, newspapers, authentic entertainment media and/or electronic media in the target language and use these media as the basis for describing the viewpoints of the culture(s) associated with the target language(s).

Comparisons

Through the study of language, students are invited to engage with the multilingual and multicultural world within and beyond their communities. By exploring diverse linguistic and cultural contexts, students make comparisons that enable them to better understand their own and other environments, to function in a global society, and to become informed thinkers and responsible, involved citizens. Developing insight into the nature of language and culture through comparisons involves investigating and reflecting upon the structure and function of language as well as the products and practices of culture.  Comparing cultures leads to complex discussions on community connectedness and the role of the individual within various cultures.  Throughout the strand, teachers and students are encouraged to employ a variety of media and technology to explore diverse linguistic and cultural contexts.

Language Comparisons

Cultural Comparisons

Learners use the language to investigate, explain, and reflect on the nature of language through comparisons of the language studied and their own.

Learners use the language to investigate, explain, and reflect on the concept of culture through comparisons of the cultures studied and their own.

Strand

Comparisons: Develop insight into the nature of language and culture in order to interact with cultural competence

Standard

Language Comparisons: Learners use the language to investigate, explain, and reflect on the nature of language through comparisons of the language studied and their own.

Performance Expectations

Childhood

K - Novice Low

1 - Novice Low

2 - Novice Mid

I can recognize a variety of similarities and differences between the target language and my own language.

• I can identify discrete sounds, symbols, or signs.

I can recognize a variety of similarities and differences between the target language and my own language.

• I can identify discrete sounds, symbols, or signs.

I can recognize a variety of similarities and differences between the target language and my own language.

• I can identify similarities and differences in the sound, writing, or signing systems.

3 - Novice Mid

4 - Novice High

5 - Novice High

I can recognize a variety of similarities and differences between the target language and my own language.

• I can identify similarities and differences in the sound, writing, or signing systems.
• I can recognize cognates among languages.

I can recognize a variety of similarities and differences between the target language and my own language.

• I can make simple comparisons of basic language forms.
• I can recognize word borrowings and cognates among languages.
• I can recognize basic idiomatic expressions among languages.

I can recognize a variety of similarities and differences between the target language and my own language.

• I can make simple comparisons of basic language forms.
• I can recognize word borrowings and cognates among languages.
• I can recognize basic idiomatic expressions among languages.

Early Adolescence

Adolescence

6-8 - Intermediate Low/Intermediate Mid

9-diploma - Intermediate High/Advanced Low

I can compare the target language with my own language in order to better understand language systems.

• I can compare basic grammatical structures and syntax between languages.
• I can compare idiomatic expressions, pronunciation, or nonverbal features between languages.
• I can recognize that there are geographical, sociolinguistic, and/or historical variations in languages.

I can use my understanding of language comparisons to enhance my communication in the target language.

• I can compare a variety of grammatical structures and syntax between languages including how time frames are expressed.
• I can compare and analyze cognates and idiomatic expressions including their evolutions and origins.
• I can analyze language comparisons and explain connections and differences between languages.

Strand

Comparisons: Develop insight into the nature of language and culture in order to interact with cultural competence

Standard

Cultural Comparisons: Learners use the language to investigate, explain, and reflect on the concept of culture through comparisons of the cultures studied and their own.

Performance Expectations

Childhood

K - Novice Low

1 - Novice Low

2 - Novice Mid

In my own and other cultures, I can identify products and practices to help me understand perspectives.

• I can identify products and practices in the target culture.

In my own and other cultures, I can identify products and practices to help me understand perspectives.

• I can identify products and practices in the target culture.

In my own and other cultures, I can identify products and practices to help me understand perspectives.

• I can identify products and practices in the target culture.
• I can compare simple patterns of behavior.

3 - Novice Mid

4 - Novice High

5 - Novice High

In my own and other cultures, I can identify products and practices to help me understand perspectives.

• I can identify products and practices in the target culture.
• I can compare simple patterns of behavior.

In my own and other cultures, I can identify products and practices to help me understand perspectives.

• I can identify products and practices in the target culture.
• I can compare patterns of behavior.
• I can recognize stereotypes and/or generalizations in my own and other cultures.

In my own and other cultures, I can identify products and practices to help me understand perspectives.

• I can identify products and practices in the target culture.
• I can compare patterns of behavior.
• I can recognize stereotypes and/or generalizations in my own and other cultures.

Early Adolescence

Adolescence

6-8 - Intermediate Low/Intermediate Mid

9-diploma - Intermediate High/Advanced Low

In my own and other cultures, I can make comparisons between products and practices to help me understand perspectives.

• In my own and other cultures, I can compare products and practices related to everyday life and personal interests or studies.
• In my own and other cultures, I can identify stereotypes and their role in the past and present treatment of groups and people.
• In my own and other cultures, I can recognize the perspectives of those from different cultures to build empathy.
• In my own and other cultures, I can communicate using some culturally appropriate behaviors and make basic comparisons among them.

In my own and other cultures, I can explain some diversity among products and practices and how it relates to perspectives.

• In my own and other cultures, I can explain how a variety of products and practices of public and personal interest are related to perspectives.
• In my own and other cultures, I can explain how group identities have been formed by stereotypes and their role in the past and present treatment of groups and people.
• In my own and other cultures, I can take the perspectives of those from different cultures to build empathy.
• In my own and other cultures, I can communicate using culturally appropriate behaviors and make comparisons among them.

Communities

When students are learning a new language, they are doing so in the context of others who use this language. Learning a new language is a bridge to cultures, past, present, and future, and creates a personal connection for students and places them in a community. A community is a group of people who share in a common experience. Community may refer to the school community, to a student’s home or family, or to digital connections that are geographically close or throughout the world. Whether students are learning a modern, classical, or signed language, and regardless of rural or urban setting, meaningful community connections enrich their lives and encourage lifelong learning. When students’ language study is connected to a community, they are motivated to learn because they can see the real-life application of their learning.

School and Global Communities

Lifelong Learning

Learners use the language both within and beyond the classroom to interact and collaborate in their community and the globalized world.

Learners set goals and reflect on their progress in using languages for enjoyment, enrichment, and advancement.

Strand

Communities: Communicate and interact with cultural competence in order to participate in multilingual communities at home and around the world

Standard

School and Global Communities: Learners use the language both within and beyond the classroom to interact and collaborate in their community and the globalized world.

Performance Expectations

Childhood

K - Novice Low

1 - Novice Low

2 - Novice Mid

I can interact with the community by identifying or describing the target language outside the classroom.

• I can identify the target language in the community.
• I can share what I have learned about my target language and culture(s) outside the classroom.

I can interact with the community by identifying or describing the target language outside the classroom.

• I can identify the target language in the community.
• I can share what I have learned about my target language and culture(s) outside the classroom.

I can interact with the community by identifying or describing the target language outside the classroom.

• I can identify the target language in the community.
• I can share what I have learned about my target language and culture(s) outside the classroom.

3 - Novice Mid

4 - Novice High

5 - Novice High

I can interact with the community by identifying or describing the target language outside the classroom.

• I can identify the target language in the community.
• I can share what I have learned about my target language and culture outside the classroom.

I can interact at a functional level in the community using cultural and linguistic skills from the target language and cultures.

• I can engage with resources to share or interact with the community.
• I can contribute to the community using cultural or linguistic skills.

I can interact at a functional level in the community using cultural and linguistic skills from the target language and cultures.

• I can engage with resources to share or interact with the community.
• I can contribute to the community using cultural or linguistic skills.

Early Adolescence

Adolescence

6-8 - Intermediate Low/Intermediate Mid

9-diploma - Intermediate High/Advanced Low

I can interact at a functional level in the community using cultural and linguistic skills from the target language and cultures.

• I can engage with resources to share or interact with the community.
• I can contribute to the community using cultural or linguistic skills.

I can interact and collaborate with the community with cultural competence and linguistic skills.

• I can contribute to resources used in the community.
• I can contribute to the community using cultural or linguistic skills while demonstrating awareness and understanding of cultural differences and adjusting my behavior accordingly.

Strand

Communities: Communicate and interact with cultural competence in order to participate in multilingual communities at home and around the world

Standard

Lifelong Learning: Learners set goals and reflect on their progress in using languages for enjoyment, enrichment, and advancement.

Performance Expectations

Childhood

K - Novice Low

1 - Novice Low

2 - Novice Mid

I can choose goals for growth and reflect on my progress in using and enjoying the target language.

• I can choose a goal and describe or record my progress.

I can choose goals for growth and reflect on my progress in using and enjoying the target language.

• I can choose a goal and describe or record my progress.

I can choose goals for growth and reflect on my progress in using and enjoying the target language.

• I can choose a goal and describe or record my progress.

3 - Novice Mid

4 - Novice High

5 - Novice High

I can choose goals for growth and reflect on my progress in using and enjoying the target language.

• I can choose a goal and describe or record my progress.

I can create goals for myself and reflect on my progress in using and enjoying the target language within both the classroom and the larger community.

• I can create goals for myself and record and reflect on my progress

I can create goals for myself and reflect on my progress in using and enjoying the target language within both the classroom and the larger community.

• I can create goals for myself and record and reflect on my progress.

Early Adolescence

Adolescence

6-8 - Intermediate Low/Intermediate Mid

9-diploma - Intermediate High/Advanced Low

I can create goals for myself and reflect on my progress in using and enjoying the target language within both the classroom and the larger community.

• I can create goals for myself and record and reflect on my progress.
• I can reflect on and explain how language experiences enrich my life.

I can set goals for myself that facilitate my engagement with the community and reflect on my experiences.

• I can create goals for myself and record and reflect on my progress.
• I can reflect on and explain how language experiences enrich my life and provide me with advanced opportunities.

History

• STATUTORY AUTHORITY: 20-A MRS §6211
• EFFECTIVE DATE: October 22, 2007 – filing 2007-444 (Routine Technical)
• EFFECTIVE DATE: June 23, 2019 – filing 2019-086 (Final adoption, major substantive)
• EFFECTIVE DATE: July 18, 2020 – filing 2020-139 (Final adoption, major substantive)
• EFFECTIVE DATE: May 12, 2022 – filing 2022-058 (Final adoption, major substantive)
• EFFECTIVE DATE: https://www.brookings.edu/blog/brown-center-chalkboard/2019/02/12/new-evidence-of-the-benefits-of-arts-education/ (accessed August 2021); https://kinder.rice.edu/sites/default/files/downloads/Brief%20-%20Investigating%20Causal%20Effects%20of%20Arts%20Education%20Experiences.pdf (accessed August 2021); https://www.publicschoolreview.com/blog/how-the-arts-benefit-your-children-academically-and-behaviorally (accessed August 2021); https://www.edutopia.org/blog/creativity-academics-power-of-arts-education-neil-swapp (accessed August 2021) ↑ https://www.maine.gov/doe/learning/content/arts/resources/essaarts (accessed August 2021); https://www.nfhs.org/articles/performing-arts-students-develop-skills-needed-for-life-and-work/ (accessed August 2021). ↑ Schaper, M. (2021). Maine Dance Curriculum Guide. ↑ Reimer, B. (2003). A philosophy in music education: Advancing the vision (3rd Ed.). Prentice Hall. ↑ Bruner, J.S. (1977). The process of education. Harvard University Press. ↑

Chapter 138 State Accreditation Standards and Processes

Code Me. R. 05-071 Ch. 138 State Accreditation Standards and Processes {#sec-05-071-ch.-138 omnilex-key=us-me-regs-official--dept-education-and-state-board-education--05-071 Ch. 138}

SUMMARY: This rule establishes standards for accreditation of elementary, middle/junior high, secondary, and vocational schools. Procedures to qualify for state accreditation are included as are the requirements for monitoring progress toward recommendations which result from the accreditation process.

PART 1. GENERAL PROVISIONS

138.01 General Objectives

Accreditation standards are intended to encourage excellence in school programs. The rule includes such components as the quality and variety of instructional programs; the credentials, experience and general performance of staff; and the adequacy of school facilities. The rule also includes the five correlates of effective schools on which the standards are based. These correlates are school climate, instructional leadership, high expectations, clear and focused goals, and measuring results.

138.02 Definitions

Approved School. "Approved School" means any school that is fully or provisionally approved by the Department.

Accreditation council. "Accreditation Council" means a council appointed by the Commissioner composed of equal membership from the Department and the field as well as the chairperson of the visiting committee as a nonpermanent member. Permanent members are appointed for three year terms on a staggered basis.

Commissioner, "Commissioner" means the Commissioner of Education.

Department, "Department" means the Department of Education.

Elementary School, "Elementary School" means that portion of a school that provides instruction in any combination of kindergarten through grade 8.

Middle/Junior Rio School. "Middle/Junior High School" means that portion of a school that provides instruction in at least two consecutive grades 5 - 9.

Secondary School. "Secondary School" means that portion of a school that provides instruction in at least two consecutive grades 9 through 12.

School Improvement, Plan(SIP). "SIP" means the School Improvement Plan required under Department regulation, Chapter 125, Section 125.23.

Vocational Region/Center. "Vocational Region/Center" means any public institution that provides vocational education to secondary students.

138.03 Accreditation Process Mandate

All school administrative units operating a secondary school shall undergo the Department accreditation process on a five-year cycle as established by the commissioner starting in the 1989-90 school year.

Any approved elementary, middle/junior high, secondary school or vocational region/center may through its board, make application to participate in the Department accreditation process. The Department will have the responsibility for establishing the schedule and scheduling accreditation visits.

138.04 Accreditation Standards

CLEAR and FOCUSED GOALS. The school has a clearly written statement reflective of the needs, beliefs and values of the school community. The statement is supported by written goals and objectives and is consistent with the unit's philosophy. The statement shows evidence of long and short-range planning and assures the involvement of teachers, administrators and community in the process of its development and evaluation.

COMMUNITY/SCHOOL RELATIONS. The school shall have a written, collaboratively planned program of community outreach which encourages parent/guardian and community involvement in the educational process toward the achievement of the school's goals and objectives. School goals,, procedures, and student progress are regularly discussed with and communicated to parents/guardians and citizens.

CURRICULUM. The school demonstrates evidence of a well planned and periodically evaluated curriculum which consistently results in exemplary educational programming. The curriculum, based on the philosophy and goals of the unit, shows a direct relationship between and among subject areas while preserving the specific objectives of each discipline.

FACILITIES. The school plant, site, and equipment are sufficient to support the programs of the school. They are maintained to ensure the safety and health of all occupants and offer an effective setting for the delivery of high quality programs and services to all students.

HIGH EXPECTATIONS. Teachers and administrators have high educational and behavioral expectations for all students. Students demonstrate measurable improvement in academic achievement, life skills development, self discipline, interpersonal growth, and attitudes toward work. The staff demonstrates its belief that all students can learn essential skills and beyond.

INSTRUCTIONAL LEADERSHIP/MANAGEMENT. The school administration effectively manages and provides leadership which promotes the achievement of educational excellence. Instructional leaders make decisions based primarily on instructional and curricula goals. Instructional leaders set high expectations from goals, monitor student progress and direct resources to meet these goals.

INSTRUCTION. The school demonstrates a carefully coordinated effort to provide instructional processes which have consistently resulted in a learning environment which promotes excellence. A variety of instructional techniques is used by a majority of the teachers. Teachers strive to meet the instructional needs of all students. A school-wide agreement exists about the importance of the instructional program and learning time is maximized by well-planned activities.

MONITORING STUDENT PROGRESS. The school frequently and carefully measures, with a variety of methods, student progress toward all goals. These data are disaggregated (i.e. sorted by meaningful subgroups such as male/female, free and reduced hot lunch, or courses of study) and are used to evaluate programs, direct instruction, and redirect resources.

SCHOOL CLIMATE. The school has a climate which promotes individual self-esteem, high expectations for achievement, acceptance of the differences between people, and a positive attitude toward learning. The climate enhances and encourages learning and staff consistently models appropriate behaviors.

STAFF DEVELOPMENT. The school has a carefully planned staff development program guided by sound educational theory that promotes exemplary practices. This program., which is outlined in a written plan, evolves from the instructional and curricula goals of the school and has developmentally appropriate activities available for new and experienced staff.

138.05 Basic School Approval

All schools must be approved to obtain Department accreditation.

138.06 Accreditation through the New England Association of Schools and Colleges (NEASC)

Secondary schools may go through the NEASC accreditation process to meet the requirements of 20-A MRSA section 4512(5) provided that:

A. A Department member may serve as a member of the NEASC visiting team;

B. A copy of the final NEASC team report is sent to the Department by the principal upon receipt by the school;

C. A copy of all follow-up reports is sent to the Department.

138.07 Accreditation through the Department of Education.

A. The department accreditation process includes six phases:

1. self-study;

2. visitation / validation;

3. action planning / school improvement plan;

4. implementation / monitoring;

5. re-accreditation visit; and

6. implementation / monitoring.

B. Phase One -- Self-Study (Year 1)

The schools will complete a self-study in which teachers, administrators, students, and citizens with an interest in the school evaluate the school's performance based on its philosophy, goals, and Department standards.

All self-studies will include specific evidence which demonstrates that the school meets each accreditation standard. Self-study materials shall be supplied by the Department.

C. Phase Two -- Accreditation Visit (Year 2)

The Visiting Team:

A team of educators will visit the school following the completion of the self-study. The size of the team will be at least one member for every 100 students or portion thereof plus the chairperson. The team will have at least one representative from the Department. Schools may request that team members have specific skills and experiences. The Commissioner will make the final decision on all team members.

The Visit:

The visit validates the degree to which the school meets Department accreditation standards. The visiting team will be in the school for at least three days with additional time scheduled outside regular school hours. The self-study is the primary document used during the visit. The visit will include classroom visits and meetings with school board members, community members, students and administrators.

The Visit Report:

The visiting team will write a report which refers to all Department standards and includes for each:

1. Perceptions;

2. Commendations; and

3. Requirements for achieving accreditation.

D. Phase Three -- Action Planning / School Improvement Plan (Year 2)

Following the visit and review of the visiting team's report, the school will develop an action plan to address the requirements contained within the report. This plan, following the format of the SIP, will be submitted to the Department. The Department may require changes in the plan as a condition of achieving accreditation.

E. Phase Four -- Implementation / Monitoring (Year 3-5)

The school will implement the action plans and conduct an annual review based upon the goals of the plan to determine whether or not they are yielding results or need modification. As goals are accomplished, new goals should be added. The annual update will be submitted to the Department as part of the SIP.

F. Phase Five -- Re-accreditation Visit (Year 5)

A Department team will conduct a follow-up visit during the fifth year of the process. This visit will review and update the completion of and the progress towards established goals. An additional five years of accreditation may be granted by the Commissioner through this visit.

G. Phase Six -- Implementation / Monitoring (Year 6-10)

The school will continue to provide yearly updates focusing on progress toward established goals to the Department through the SIP.

138.08 Awarding of Accreditation

A determination of the accreditation status of a school will be made by the Commissioner after review and consideration of the following criteria:

A. The recommendation of the visiting committee.

The performance level of the school, as determined by the visiting committee, in relationship to the Department standards, must be found acceptable. This performance level will be determined by a vote of the visiting committee at the conclusion of the visitation and after review and discussion of the self-study. The committee shall maintain high standards and expectations in determining the performance level of the school.

B. The recommendation of the Accreditation Council.

The responsibility of the Accreditation Council, after reviewing the report of the visiting committee along with the action plan of the school, will be to recommend an accreditation status for the school to the Commissioner.

138.09 Cost of Accreditation

The costs of the visiting team for housing, meals and travel will be paid by the host school for all nondepartment personnel. Also the cost of self-study materials and the printing and distribution of the final report will be the responsibility of the host school.

138.10 Appeal Procedure

Schools may appeal a decision of non-accreditation to the commissioner, in writing, within 60 days of the official notification of non-accreditation. The decision of the Commissioner shall be final.

138.11 Waivers

Secondary schools may request that the Commissioner waive the requirement to undergo the accreditation process in extenuating circumstances. Each request will be judged by the Commissioner on its merits.

History

• STATUTORY AUTHORITY: 20-A MRSA §§ 4511 - 4516
• EFFECTIVE DATE: September 17, 1989 - filing 89-360 accepted September 12, 1989, replaced Chapter 125 Part 2
• EFFECTIVE DATE (ELECTRONIC CONVERSION): May 19, 1996
• AMENDED: July 29, 2001 - Section 17(D) added (major substantive filing)
• NON-SUBSTANTIVE CORRECTIONS: September 4, 2001 - minor punctuation and spelling only
• NON-SUBSTANTIVE CORRECTIONS: October 5, 2001 - removed Section 17(D) and restored it to Chapter 125
• NON-SUBSTANTIVE CORRECTIONS: APAO WORD VERSION CONVERSION (IF NEEDED) AND ACCESSIBILITY CHECK: July 15, 2025

Chapter 140 Public Charter Schools

Code Me. R. 05-071 Ch. 140 Public Charter Schools {#sec-05-071-ch.-140 omnilex-key=us-me-regs-official--dept-education-and-state-board-education--05-071 Ch. 140}

SUMMARY: This rule establishes standards and procedures for implementation of Title 20-A, chapter 112, governing the authorizing, oversight and operation of public charter schools in Maine. The rule requires public notice of activities of authorizers and charter schools, sets forth student enrollment procedures, establishes standards for the performance of authorizers, clarifies the funding of public charter schools, clarifies the process for petitioning for conversion of a non-charter public school, and provides criteria for determining when a charter school governing board is sufficiently independent of an education service provider with which the board may contract.

SECTION 1. PURPOSE

This rule provides standards and procedures for implementation of Title 20-A, chapter 112, relating to the authorizing, oversight and operation of public charter schools in Maine. The rule must be read as an accompaniment to the statute, not in place of the statute because the rule does not restate all statutory provisions.

SECTION 2. AUTHORIZERS AND AUTHORIZING OF CHARTER SCHOOLS

1. Practices and procedures

An authorizer must develop and maintain policies and practices consistent with nationally-recognized principles and professional standards for authorizing public charter schools.

For purposes of determining whether an authorizer’s policies and practices conform to nationally-recognized principles and professional standards, the Department of Education will evaluate the authorizer’s policies and practices on the basis of the principles and standards set forth in the publication, Principles and Standards for Quality Charter School Authorizing , published by the National Association of Charter School Authorizers, copyrighted 2010. This publication is available on the Department’s Website on the Internet.

2. Maintaining list of interested parties

An authorizer shall maintain a list of persons interested in the activities of the authorizer and any charter schools that it may authorize. The authorizer shall notify persons on that list when the authorizer issues a request for proposals (RFP) or accepts a charter school application, and when a charter school it authorizes begins accepting applications for enrollment. Notice may be provided by e-mail, except that it must be provided by regular mail for people who do not have e-mail at their homes.

3. Solicitation of charter school applications

A. In order to invite, solicit, encourage and guide the development of high-quality public charter school applications, an authorizer shall develop a request for proposals (RFP) that meets the standards of Title 20-A section 2406. The RFP must require the applicant to include detailed plans for the provision of special education services in compliance with state and federal law.

B. An RFP must be issued not fewer than 60 days from the deadline date for submission of applications.

C. An RFP must be published as broadly as possible to ensure that all entities interested in applying for a charter have notice of the opportunity to submit an application. At a minimum, notice of the RFP must be published on two consecutive weekends in the State Paper designated in Title 1, section 551 and must be provided to interested parties as described in subsection 2. The RFP must also be submitted to the department, and the department shall include the RFP, on the Department of Education charter school Website on the Internet.

4. Oversight of chartered schools

An authorizer is responsible for monitoring the performance and legal compliance of each charter school it authorized.

5. Reporting to the Department

In addition to any other report required by law or rule, an authorizer must submit the following to the Department or the Commissioner.

A. Annual report. An authorizer must submit a report to the Commissioner, annually, within 60 days after the end of each school fiscal year, summarizing the performance of all schools it has authorized, as well as the other specific information set forth in statute.

B. Decision on charters. An authorizer must report to the Commissioner, within 10 days after taking any of the following actions:

(1) Approval or denial of an application to open a charter school;

(2) Renewal or refusal to renew a charter; or

(3) Revocation of a charter.

C. Assessment results. An authorizer must report the results of state assessments to the Department in the same manner as other school administrative units report results.

6. Department oversight and sanction of authorizers

The Department is authorized to investigate and impose sanctions on authorizers in response to deficiencies in authorizer performance or legal compliance.

For purposes of determining whether an authorizer’s performance conforms to nationally recognized principles and professional standards, the Department will compare the authorizer’s performance to the principles and standards set forth in the publication, Principles and Standards for Quality Charter School Authorizing , published by the National Association of Charter School Authorizers, copyrighted 2010. This publication is available on the department’s charter school Website on the Internet.

7. Collaborating authorizers

Collaborating entities that intend to authorize a charter school must form a legal structure that sets forth the rights and responsibilities of each party in the collaborative, including designation of responsibility for special education for students in the charter school.

A charter school must be located within the boundaries of one of the school administrative units that is a member of the collaborative. A charter school authorized by a collaborative is considered to have been authorized by a local school board, for purposes of determining when the limit of 10 charter schools has been reached under Title 20-A section 2405, subsection 9.

8. Education service providers

Except as provided in this subsection 8, a public charter school may contract with an education service provider for a limited scope of education or management services. An authorizer shall ensure that the scope of services delivered through such a contract does not remove responsibility and control of essential programmatic elements of the school from the charter school’s governing board.

A virtual charter school may contract with an education service provider for education design, implementation or comprehensive management of the virtual public charter school program.

A charter school’s governing board, leaders and managers must be legally and operationally independent from any education service provider. In determining whether boards, leaders and managers are independent of the service provider, the authorizer must consider all factors, including but not limited to:

A. Whether the charter school’s governing board is selected by, or includes members who are employees of, the education service provider;

B. Whether the charter school has an independent attorney, accountant and audit firm that works for the charter school and not the education service provider;

C. Whether the contract between the charter school and the education service provider was negotiated at “arms length,” clearly describes each party’s rights and responsibilities and specifies reasonable and feasible terms under which either party may terminate the contract;

D. Whether the fee to be paid by the charter school to the education service provider is reasonable for the type of services provided; and

E. Whether any other agreements, e.g., loans or leases between the charter school and the education service provider are fair and reasonable, documented appropriately, align with market rates, and include terms that will not change if the contract is terminated.

SECTION 3. CHARTER SCHOOL OPERATIONS

1. Notice of charter school openings

A charter school must give reasonable public notice that it has openings for student enrollment, at least 30 days before the enrollment application deadline. Notice must be provided in a manner designed to give notice to all eligible students and must include, at a minimum, publication on two consecutive weekends in the State Paper designated in Title 1, section 551 and notice to interested parties as provided in Section 2, subsection 2. Notice must also be submitted to the department, and the department shall include the notice on the Department’s charter school Website on the Internet. Notice must also be provided to any person who has asked the authorizer of the school for notice of school openings.

2. Enrollment

A. Declaration of student intent. A charter school shall require a written declaration of intent to enroll in the charter school in the upcoming school year from each student who wishes to enroll in the charter school, including students who have an enrollment preference. The written declaration must be signed by the student’s parent, guardian or legal guardian and submitted to the charter school within the deadline established by the charter school. The charter school must set the deadline so that sufficient time is allowed to conduct a lottery within the time frame set forth in this rule if the number of declarations of intent to enroll exceeds the number of seats available in a grade, level or division of the charter school. The declaration of student intent may request only such information as is needed to determine which grade, level or division of the school the student wishes to enter, whether the student is eligible for a preference, and the identity of the student’s resident school administrative unit (SAU).

B. Enrollment commitments when declarations do not exceed openings. If the number of students submitting declarations of intent by the submission deadline is smaller than the number of openings in any grade, level or division of the school, the charter school shall notify each student and his or her parent, guardian or legal guardian of the right to enroll in the upcoming school year, and shall seek a written commitment to enroll signed by the student and the parent, guardian or legal guardian. The charter school may enroll students to fill remaining openings, on a rolling basis or by other means specified in the charter application or contract, once all students who filed a declaration of intent prior to the deadline have been offered the opportunity to enroll or commit to enroll.

C. Random selection process. If the number of students submitting a declaration of intent to enroll exceeds the number of openings in a school, grade, level or division, the charter school must notify students with preferences of their right to enroll and then shall conduct a random selection process to fill remaining openings.

(1) The selection process must be conducted not later than April 1^st, unless the authorizer, for compelling reasons, sets a different date. For purposes of this section, the term “compelling reasons” includes, but is not limited to, the need for a date later than April 1^st in the first year of implementation of the charter school law and the need for flexibility for at-risk students and their families. Any date set by an authorizer under this subparagraph (1) must be designed to ensure that students will have an equal opportunity to seek enrollment in the school and that information is provided to each student’s resident SAU in as timely a manner as possible.

(2) The selection must be conducted in public and must be designed to ensure that each student has an equal chance of being selected for enrollment. If the process is a lottery involving drawing of names or other objects to make a selection, a disinterested party must perform the drawing of names or objects.

(3) Reasonable public notice must be given at least one week prior to the lottery or other selection process.

(4) The names of students and the order in which they were selected must be recorded. All names must be placed in the order of selection, and any names that exceed the enrollment limit for a grade, level or division of the charter school must be placed on a waiting list for that grade, level or division. The charter school shall use eligible students on the waiting list to fill any openings that occur in the grade, level or division during the school year for which names were selected. If all students on the waiting list have been offered enrollment, the charter school may enroll students on a rolling basis, or such other basis as may be set forth in the charter application or charter contract.

(5) If the number of students selected for enrollment from any school administrative unit exceeds the applicable 5% or 10% limit set forth in Title 20-A, section 2404, subsection 2, paragraphs D and E, the excess names must be moved from the enrollment list to the top of the waiting list, in the order selected. If an opening occurs after the initial selection process, a student placed on a waiting list under this subparagraph may be selected for enrollment from the waiting list only if the student’s enrollment is within the 5% or 10% limit; otherwise, the student’s name remains on the waiting list. For purposes of the 5% and 10% limits, the charter school shall use enrollment figures for a school administrative unit (SAU) as determined by the most recent October subsidizable pupil count, excluding students who are attending any charter school on the date of the October pupil count.

D. Commitment to enroll. Within 14 days of being notified of the right to enroll in a charter school, each student must submit to the charter school a written form committing to enroll in the charter school in the upcoming school year, signed by the student’s parent, guardian or legal guardian. The commitment to enroll form must authorize the resident SAU to release to the charter school the student’s unique identifier number in the state’s student information system.

E. Student information form. After a student files a commitment to enroll form, a charter school may require the student to complete a form to gather information about a student’s interests, abilities and experiences. Information on the form may be used in discussions with a student or parent regarding enrollment in the charter school, but may not be used to prevent or discourage a student from enrolling. A charter school may encourage potential enrollees or their parents to attend informational meetings or interviews, but may not require such attendance as a condition of enrollment or continued enrollment. A charter school may not condition enrollment on the results of any test of ability or achievement.

F. Notice to resident SAU. Within 5 school days of receiving a commitment to enroll form, a charter school must notify the resident SAU of the student who has submitted the form. The resident SAU, within 5 school days of receiving notice from the charter school, provide the charter school with the student’s unique identifier number so that the charter school may access the student information needed to determine the amount that will be due from the resident SAU.

G. Date of enrollment. Notwithstanding the commitment to enroll made under paragraph D, a student is not considered to have enrolled in a charter school until the date after July 1^st of each school year that the charter school enters the student as an attending student in the state’s student information system.

3. State and local funding

The resident SAU of a student enrolled in a public charter school must transfer the following funds to the public charter school in which the student is enrolled:

(1) The following operating funds:

(a) The per-pupil operating allocation amount, defined as the EPS per-pupil rate set by the department pursuant to Title 20-A, section 15676, based on the student’s grade level and adjusted, as appropriate, for economic disadvantage and limited English proficiency pursuant to Title 20-A, section 15675, subsections 1 and 2.

(b) For transportation expenses, the appropriate percentage of the unit’s average per pupil transportation expense. The average per-pupil transportation expense in the resident SAU is calculated by dividing the resident SAU’s (Transportation – EPS allocation) by the resident SAU’s (Average Attending Pupils, Calendar Year xxx), as reported on the resident SAU’s ED-279 for the year of allocation. The appropriate percentage of that amount is the percentage determined by the authorizer, between 0 and 100%, as required in Title 20-A, section 2413, subsection 2, paragraph A(3);

(2) If the charter school is eligible, the resident SAU’s targeted funds allocation for that student for technology, standards-based education and PreK-2 programs. To be eligible to receive targeted funds, the charter school must file plans and receive approval from the department pursuant to DOE Rule Chapter 7; and

(3) Any other funds required by statute.

A charter school does not pay for its students to attend career and technical education programs, and therefore is not entitled to career and technical education funding. The school administrative unit in which the charter school student resides must pay the cost of attendance for the student at a CTE program.

If the charter school has an approved gifted and talented program, the department shall pay to the charter school any allocation assigned to the school for gifted and talented students pursuant to Title 20-A, section 15681-A, subsection 5, in the year in which the allocation is assigned.

4. Federal funds

A. A charter school that is a school within an SAU must receive an equitable portion of federal entitlement and grant funds from the SAU as determined by federal laws and regulations applicable to each federal funding program.

B. A charter school that is a local educational agency receives federal entitlement and grant funds directly from the department. The amounts, timing and corresponding charter school obligations are determined by the department in accordance with the federal laws and regulations governing the program.

5. Notice of payments due; dispute resolution; adjustments

A. A charter school shall submit a detailed invoice to the resident SAU of each of the charter school’s attending students, indicating the amount payable for each student and the basis on which the amount was determined. The invoice must be submitted to the resident SAU at least 30 days before the quarterly payment due date.

(1). If the resident SAU disagrees with the invoice, the SAU shall provide written notice to the charter school and the Department of the amount in dispute and the basis of the dispute.

(2) If the notice by the resident SAU is provided at least 15 days before the payment due date, the Department shall make a determination, by the due date, of the amount to be paid. If the notice is not provided at least 15 days before the due date, the SAU shall pay the full invoice amount to the charter school by the payment due date.

B. If the Department determines, after payment is made, that the resident SAU paid more than the required amount to the charter school, the Department shall order the charter school to refund the overpayment. If the charter school fails to make the refund within 30 days of being ordered to do so, the Department shall authorize the resident SAU to subtract the overpayment from the next payment due to the charter school.

C. If the resident SAU fails to pay the amount payable to the charter school by the due date, the department shall determine the amount to be withheld from the resident SAU’s General Purpose Aid under Title 20-A chapter 606-B, and shall adjust the amount to be paid by the Treasurer to the resident SAU. The Department shall notify the Treasurer to pay the withheld amount to the appropriate charter school.

6. Data and reporting

A charter school shall provide the department with staff, student and financial information that the department requests, including but not limited to information needed to carry out the purposes of the Essential Programs and Services Funding Act, Title 20-A, chapter 606-B. The information must be provided according to the time schedule, and in the form required by the department.

7. Fees

A charter school is subject to the same limitation on fees as other public schools, including the requirement of Title 20-A, section 4002. A charter school may not charge students or their parents an application fee.

8. Transfer of records by a charter school

A public charter school shall comply with Title 20-A, section 6001-B, subsections 1 and 2 for the purposes of timely transfer of records of a charter school student who is enrolling in another SAU.

SECTION 4. SCHOOL ADMINISTRATIVE UNITS

1. SAU as authorizer.

A school administrative unit board that intends to develop and issue an RFP for a charter school within the boundaries of the SAU must notify the department of its intent as soon as the board begins developing an RFP. The department will post notice of the SAU’s intent on the department’s charter school Website on the Internet.

2. Transfer of records to charter school

A school administrative unit shall comply with Title 20-A section 6001-B, subsections 1 and 2, for the purpose of providing timely transfer of education records regarding a resident student who is enrolling in a charter school.

3. Transfer of funds to charter school

If a resident student of the SAU enrolls in a public charter school, the SAU must transfer funding as provided in Title 20-A section 2413 and SECTION 3, subsection 3 and 4 of this rule. A local school board may ask for assistance from the department in determining the amounts to be transferred.

SECTION 5. OTHER; GENERAL

1. Petition for conversion of a non-charter public school

A person or entity that intends to seek conversion of a non-charter public school to a public charter school must collect the required number of signatures on petitions to support the conversion, as provided in Title 20-A section 2406, subsection 2, paragraph G. A school administrative unit must provide a reasonable opportunity for the person or entity to communicate with each teacher and parent about the petition, and to seek signatures, without disclosing confidential information about teachers, students or their families. For example, an SAU may allow a person seeking petition signatures to send notice home to parents in the same manner that the school sends information home to parents about other school matters.

A school administrative unit shall determine whether sufficient signatures have been collected on the petition as follows.

A. The number of signatures required to meet the standard for a majority of teachers in the existing non-charter school is determined by the number of teachers employed full-time on the date 45 days before the petition is submitted to the authorizer.

B. To meet the standard for obtaining signatures from a majority of parents of students in the existing non-charter school, the petition must contain signatures from all parents and legal guardians of record of a majority of the students in the school. The number of students in the school is determined as of the date 45 days before the petition is submitted to the authorizer. If a student has more than one parent or legal guardian of record, the petition must be signed by each parent and legal guardian to be considered valid; signatures from more than one parent or guardian of a single student are counted as one signature.

2. Voter approval of conversion

As provided in Title 20-A, section 2406, subsection 2(G), a conversion public charter school that is the only public school option for students in one or more grade levels in the SAU must be approved by referendum. In a SAU that is a municipal school unit, the referendum must be conducted in accordance with Title 30-A, sections 2528 to 2532 or section 2551, as applicable, except as otherwise required by municipal charter. In other SAUs, the referendum must be conducted in accordance with Title 20-A, chapter 103-A, subchapter 5, except that in a community school district with a separate district school committee and board of trustees, the referendum must be called by the district school committee.

History

• STATUTORY AUTHORITY: 20-A MRSA Section 2403(6)
• EFFECTIVE DATE: December 2, 2012 – filing 2012-300 (Final adoption, major substantive)
• EFFECTIVE DATE: APAO WORD VERSION CONVERSION (IF NEEDED) AND ACCESSIBILITY CHECK: July 15, 2025

Chapter 147 Licensing of Privately Owned Business, Trade and Technical (Proprietary)Schools

Code Me. R. 05-071 Ch. 147 Rules for the Licensing of Privately Owned Business, Trade and Technical Schools - Proprietary Schools {#sec-05-071-ch.-147 omnilex-key=us-me-regs-official--dept-education-and-state-board-education--05-071 Ch. 147}

SUMMARY: Rule #05-071 CMR 147 details the criteria to be met by any privately owned business, trade and technical school to obtain a license to do business in the State of Maine

1. Definitions

A. "Commissioner" means the Commissioner of the Department of Education.

B. "Person" includes a person, partnership, association or corporation, but does not include any public agency, offering a program or course of instruction in Maine.

C. Proprietary school" means (1) any private postsecondary school in this State offering a program or course of instruction conducted for the purpose of teaching any trade or any industrial, occupational, vocational, business or technical skill except those that are exempt under section 2, and (2) any private postsecondary school as described in paragraph (1) located out of State which hires or authorizes solicitors or agents to recruit students or to promote the school or its program within this State.

2. Exemptions

All proprietary schools as defined in 1, B shall be licensed except the following:

A. Educational programs offered by any non-profit corporation;

B. Institutions whose course(s) are avocational, cultural, or recreational in nature and do not advertise the instruction as conveying employable or marketable skills;

C. Commercial driver schools which are licensed by the Board of Commercial Driver Education under 32 MRSA c. 95;

D. Educational programs related to the real estate professions which are subject to approval by the Maine Real Estate Commission under 32 MRSA c. 59;

E. Educational programs offered by any professional or trade association primarily for the benefit of its own members;

F. Any institution authorized by the laws of this State to grant a degree;

G. Any course of instruction or training sponsored by a company for the education and training of its own employees, and the training or instruction is not the primary activity of the company;

H. Schools of cosmetology and barbering licensed under 20-A MRSA § 9505.

3. Initial Licensing

A. The application for a license shall be made on forms provided by the Commissioner and shall be accompanied by a fee of $100, except as provided in 20-A MRSA 8 9505 for schools of barbering and cosmetology, and a surety bond in the penal sum of $10,000. The application shall be submitted at least 45 days prior to the expected date of licensing.

1. The following supporting documents shall accompany the application:

a. Certification from the state fire marshal, and state health department that the school plant adheres to the regulations as established by these agencies;

b. Statements relative to the financial stability of the school;

c. Evidence of any accreditation or approval granted the school by any recognized agency or association;

d. A copy of the school's calendar for a complete year, showing school semesters or terms and normal enrollment dates;

e. A copy of the school's curriculum showing the content of the subjects taught, the type of work or skills to be learned, equipment and instructional materials and library resources,

f. A copy of each form used for record maintenance purposes;

g. A copy of all catalogs, print, advertisements, promotional material, circulars, enrollment or application blanks and contract forms;

h. A list of all solicitors authorized by the school to recruit in Maine (if an out-of-state school);

i. A copy of the school's refund policy.

2. License approval shall be based upon a review of the materials submitted under the standards set forth in section 6. The initial licensing process shall include an on-site evaluation when appropriate.

3. License Renewal

A. The application for a license renewal shall be made on forms furnished by the Commissioner and shall be accompanied by a fee of $50, except as provided in 20-A MRSA § 9505 for schools of barbering and cosmetology.

1. Information pertaining to changes in courses, publications, financial stability, accreditation, refund policies and solicitors since the date of last approval shall be submitted with the renewal application. The renewal licensing process may include an on-site evaluation when appropriate.

2. Certification from the state fire marshal, and the state health department that the school continues to meet the regulations as established by these agencies shall be submitted every fourth year from the date of initial approval.

B. All standards for an initial license as specified in section 6 must continue to be met.

5. License Expiration

A license is valid for the calendar year in which it is issued. All licenses shall expire on December 31.

6. Standards for Initial License

A. School Name

The private business, vocational, and technical school shall not use the words "Maine" or "State of Maine" or any title or name commonly accepted as descriptive of collegiate or university institutions.

B. Personnel

1. Each school shall be supervised by an administrative employee or officer of the school. If the school is a branch of a school that has its principal location outside of Maine, there shall be an agent, director or solicitor whose designation, responsibilities, and extent of authority shall be clearly stated in the application for a license.

2. Instructor qualifications will depend upon the kind of instruction offered. This item will be considered on an individual basis for each school. However, all instructors shall meet one of the following two requirements as applicable:

a. an instructor shall hold all licenses, certificates and ratings which shall be necessary for the instructor to instruct in the field in which he/she is employed;

b. an instructor shall have completed an extensive training program or have adequate experience commensurate with the area in which he/she offers instruction.

C. Enrollment Requirement and Agreement

1. Prior to enrollment, the school shall furnish to each student a copy of the school bulletins and course outlines, schedule of tuition, fees, and other charges, refund policy, enrollment contract, and regulations pertaining to absences, grading policies, and rules of operation and conduct.

2. The school shall use an enrollment agreement (student contract) which shall contain:

a. pertinent information on the name and length of the course or program of instruction, the tuition and other costs, and the methods of payment;

b. the beginning and approximate completion date of the program;

c. a statement of the registration fee and the refund policy in the event a student does not start the course or discontinues prior to completion.

D. Tuition, Fees, and Other Charges

1. Tuition, fees, and all other charges shall be stated in the school's application for license and in the school bulletin, enrollment agreement, or application for enrollment.

2. Students shall not be held liable for any tuition, fees, or other charges not previously identified in the application or school catalog and submitted to the Commissioner.

3. The registration fee shall not exceed 15 percent of the total tuition for the course or program of instruction or $150 whichever is the lesser amount.

E. Refund Policy

1. Each school shall establish and include with the license application a policy for the refund of the unused portion of tuition, fees, and other charges in the event the student fails to enter the course or withdraws, or is terminated therefrom at any time prior to completion.,

2. In the case of a student who requests cancellation and/or refund within three (3) business days after signing of the contract, the school shall cancel the application and refund in full all monies paid to the school by the student.

3. In the case of a student whose enrollment application is rejected by the school, the school shall refund in full all monies paid to the school by the student. However, the school may retain a portion of the application fee not to exceed twenty five ($25) dollars.

4. In cases of termination or withdrawal after classes commence, the school may retain the registration fee (not to exceed $150) and other charges as specified in the refund policy.

5. If a student has paid any tuition, fees, or other charges for enrollment periods or programs which extend beyond one school year, 12 calendar months, then any payments which do not apply to the school year when the student withdraws or terminates shall be refunded in full to the student.

6. Refunds shall be made within thirty days after the effective date of withdrawal or termination.

F. School Records

1. The school shall make available the records and necessary data required for a license for evaluation by the Commissioner.

2. The school shall make available the individual student records to the student who requests to review his/her academic/attendance records.

3. The school shall retain all student academic/attendance records for at least seven (7) years. These records shall be available at all times to the Commissioner.

4. Any school located within Maine that ceases to operate shall forward the student academic/attendance records to the Commissioner.

G. Advertising

1. All advertising shall be based upon fact and be devoid of any statement which misleads or tends to mislead the public.

2. All advertising and promotional literature used by a school must clearly indicate that training or education, and not employment, is being offered.

3. Schools using classified columns of newspapers or other publications to solicit students must use only such columns as are headed by “Education,” “Schools,” “Instruction,” or a similarly titled classification.

4. Statements, direct or implied, assuring or guaranteeing jobs or memberships in unions or other organizations as a result of completing a course or program of instruction shall not be used.

5. Schools shall not publish in their bulletins or other promotional literature, instructional material not included in their application for a license.

6. Any advertising of the price of tuition must state the exact name of the course immediately followed by the number of instructional hours of the course. When the cost of tuition is advertised, the cost of tools, supplies, and all other charges shall be included in the advertising.

7. Illustrations in bulletins, circulars, or advertisements shall relate solely to the school being advertised. In the case of a school that operates two or more separate facilities, all illustrations shall clearly indicate which facility is shown.

8. No statement or representation shall be made that students will be guaranteed employment while enrolled in the school or that employment will be guaranteed for students after graduation, nor shall any school or representative falsely represent opportunities for employment upon completion of any course of study.

9. Schools wishing to include in advertising that they are licensed by the State shall be limited to the use of the words "Licensed by the State of Maine Department of Education.”

10. Action on Application: Suspension or Revocation

The Commissioner may deny an initial or renewal application for a license if the standards set forth in sections 3, 4 and 6 are not met. The licensee shall also comply with these standards on a continuing basis during the term of the annual license. The licensee's failure to at all times comply with these standards shall constitute grounds for suspension or revocation of the license. In addition, an application may be denied and an existing license may be revoked or suspended if for financial or other reasons it appears unlikely that the applicant or licensee will be able to deliver instruction as described in its catalogs, promotional materials, circulars, enrollment or application blanks and contract forms.

(Note: The issuance, renewal, nonrenewal, suspension and revocation of licenses are addressed in 4 M.R.S.A § 1151 et seq. and 5 M.R.S.A. § 8001 et seq.)

8. Change in Accreditation Status

A school shall promptly notify the Commissioner of any change in its accreditation status.

9. Complaints: Processing of Complaints

A. Investigations

The Department shall cause to be investigated all complaints of noncompliance with the rules. Complaints shall be addressed to the Department in writing with specific facts and allegations and signed by the complainant. The school shall be notified of any complaints which are to be investigated.

B. Dismissal

If, upon investigation, the Department concludes that there is no reasonable evidence of non-compliance with the requirements of this rule, it shall dismiss that complaint and notify both the school and the complainant of its action.

C. Further Action

If upon preliminary investigation, the Department determines that there is reasonable evidence of non-compliance with the rule, the Department shall take further action. This may include but is not limited to:

1. Further investigation by staff or agents of the Department;

2. Referral of investigation to other authorities;

3. Holding a fact-finding hearing which shall not be an adjudicatory hearing;

4. Holding a meeting with school officials.

5. Change of Ownership

A. Nontransferability

Licenses issued to a person pursuant to this Chapter are not transferable. Prior to the effective date of any of the transactions specified in subsections B - D below, the new owner must have applied for and received a license in order for operation of an existing school to continue.

B. Sole Proprietors

Licenses issued to a sole proprietor shall become void upon the voluntary or involuntary sale or transfer to any other person of the school or any ownership interest in the school other than a bona fide mortgage or security interest.

A sole proprietor shall notify the Commissioner of any impending sale or transfer within the scope of this subsection at least 45 days prior to the effective date of the transaction.

C. Partnerships

1. Licenses issued to a partnership shall become void upon:

a. the voluntary or involuntary sale or transfer to any other person of the school or any ownership interest in the school other than a bona fide mortgage or security interest; or

b. any change in the composition of the partnership other than the reallocation of the ownership interests of the existing partners or the withdrawal of a partner.

2. A partnership shall notify the Commissioner of any impending sale, transfer or change in composition within the scope of this subsection at least 45 days prior to the effective date of the transaction.

D. Corporations

1. An initial or renewal license issued to a corporation shall become void upon:

a. the voluntary or involuntary sale or transfer to any other person of the school or any ownership interest in the school other than a bona fide mortgage or security interest;

b. any change in ownership of the corporation's stock other than

(a) the sale or transfer of stock among existing shareholders or

(b) the sale or transfer of stock in publicly traded companies; or

c. the issuance of additional stock in a company that is not publicly traded to a person who is not a current shareholder.

2. A corporation shall notify the Commissioner of any sale, transfer, change in stock ownership or new issue within the scope of this subsection at least 45 days prior to the effective date of the transaction.

3. School Closing

If the school cancels the program or courses for which it is licensed to offer in Maine and ceases operation for whatever reason, officials shall notify the Commissioner and all enrolled students at least 30 days prior to the date of the scheduled cessation of the school's activities. All refunds which are due students under the school's published refund policy shall be made during this 30 day period.

12. Violations

Any violation of this Chapter shall be handled under the provisions set forth in Title 20-A MRSA § 9503, 5 9506 and 8 9507.

History

• STATUTORY AUTHORITY: 20-A MRSA, Chapter 323
• EFFECTIVE DATE: November 11, 1982
• EFFECTIVE DATE: May 4, 1985
• EFFECTIVE DATE: December 22, 1991
• EFFECTIVE DATE (ELECTRONIC CONVERSION): May 19, 1996
• EFFECTIVE DATE (ELECTRONIC CONVERSION): APAO WORD VERSION CONVERSION (IF NEEDED) AND ACCESSIBILITY CHECK: July 15, 2025

Chapter 149 Procedures for Obtaining Authorization for Institutions of Higher Education to Confer Academic Degrees or toOffer Degree Courses/Programs in the State of Maine

Code Me. R. 05-071 Ch. 149 Procedures for Obtaining Authorization for Institutions of Higher Education to Confer Academic Degrees or to Offer Degree Courses/Programs in the State of Maine {#sec-05-071-ch.-149 omnilex-key=us-me-regs-official--dept-education-and-state-board-education--05-071 Ch. 149}

SUMMARY: Rule 05-071, CMR 149 identifies the procedures to be followed by a postsecondary institution which seeks to offer within the boundaries of the State of Maine any course or program for which academic credit is granted or to confer within the boundaries of the State of Maine a degree at the Associate level or higher.

1. Definitions

For purposes of this Chapter the following definitions are utilized:

A. Commissioner

Commissioner of the Department of Education

B. Academic Credit

The granting of credit hours, or some equivalent measure which may be applicable toward a degree at the Associate level or higher

C. Coordinated Courses/Programs

Those which are coordinated with a Maine, degree granting, educational institution and which are approved by the State Board of Education.

D. Exempt Institution

Any institution of higher education whose course or program offerings would not be granted academic credit and any institution of higher education whose course or program offerings would be conducted on a Federal reservation over which the United States Government has exclusive jurisdiction. All institutions of higher education seeking to be considered for exempt status will be reviewed on a case-by-case basis.

E. Institution of Higher Education

A postsecondary educational institution which offers within the boundaries of the State of Maine any course or program that would be granted academic credit toward a degree or which offers within the boundaries of the State of Maine a degree at the Associate level or higher.

F. Initial Degree Authorization

Permission granted by the Maine Legislature to an institution of higher education which has no previous degree authorization to confer academic, educational, literary or professional degrees upon recommendation of the State Board of Education.

G. Additional Degree Approval

Permission granted by the State Board of Education to an institution of higher education previously authorized by the Maine Legislature to confer a certain degree, to confer an additional academic, educational, literary or professional degree.

H. Maine Institution of Higher Education

An institution of higher education which has its main headquarters located within the boundaries of the State of Maine.

I. Physical Presence

Designation applied to any institution offering degrees and academic credits from within Maine to recipients anywhere, and it applies to any person assisting with such an institution. It further applies to any institution offering degrees and academic credits from outside of Maine if there is any person assisting the institution in any way from within Maine. This includes a) maintaining an office or mailing address in the State or b) conducting any part of the instructional program or support activities from within the State. Specifically, this includes: advertising, solicitation of potential students, enrollment of students, providing student services, student mentoring, and instruction of students.

J. Temporary Approval

Permission granted by the State Board of Education to an institution of higher education to use the term "college" or "university" in its name until such time as the institution has been granted initial authority by the Legislature to confer certain degrees or the expiration of the academic year.

K. Telecommunication Instruction

Any course or series of courses offered or sponsored by a postsecondary education institution which have as the primary mode of delivery, television, video cassette or disc, film, radio, online computer or other supportive devices which build upon an audiovisual format.

2. Procedures for Obtaining Authorization and Approval

A. Initial Degree Authorization – From Within the State of Maine

(1) Application. Officials of the applicant institution of higher education shall notify the Commissioner, in writing, of their intent to obtain legislative authorization to confer a degree at the Associate level or higher. An application must be received at least six (6) months prior to the start of a legislative session.

(2) Notification to Presidents. The Commissioner will notify the Presidents of all Maine institutions of higher education indicating receipt of the initial request

(3) Provide Materials. The Commissioner will provide to the officials of the applicant institution of higher education such materials as are necessary to the conduct and finalizing of the authorization process. Such materials shall include a copy of the procedures to be followed and standards to be met and other items as are pertinent.

(4) Preparing Report; Content. Officials of the applicant institution of higher education shall prepare a report and forward it to the Commissioner. The report must provide in-depth information about the institution by giving attention to the following topics:

A. Organization and Governance

The institution has a current written document detailing administrative responsibilities of the governing board, administrators, the faculty, the staff, and the students (if staff and students participate in institutional governance).

2. The institution has an organizational chart that clearly shows lines of authority and the relationship among component units and personnel.

B. Institutional Objectives

1. The institution has defined its educational mission and general purposes or goals, and has included within its “statement of purpose” such uniqueness of programming and educational philosophy as may be inherent in the proposed degree offerings.

2. The institution's “statement of purpose” is readily identifiable through its course and program offerings.

C. Degree Requirements

1. The institution awards degrees, only upon successful completion of the courses or programs of study, and degree requirements to be met are specified in writing.

2. The institution's semester hour ^[1]* requirements for degree completion meet the following minimums:

Associate Degree - An Associate degree requires a minimum of 60 semester hours or 90 quarter hours. The Associate of Arts degree shall include a minimum of 36 semester hours or 54 quarter hours in general education courses.^[2]** The Associate of Science degrees shall include a minimum of 15 semester hours or 23 quarter hours in general education courses.

Baccalaureate Degree - A Baccalaureate degree requires a minimum of 120 semester hours or 180*** quarter hours

Master's Degree - A Master's degree shall require a minimum of 30 semester hours or 45 quarter hours beyond the Baccalaureate.

Doctoral Degree - A Doctoral degree shall require a minimum of 60 semester hours or 90 quarter hours beyond the Baccalaureate in addition to the dissertation.

Decisions will be made on a case-by-case basis for institutions using a non-traditional approach instead of semester hours or quarter hours to determine degree completion

D. Admission Requirements

1. The institution has a written policy defining the minimum requirements for admission and for acceptance at the specific degree level or into the specific degree program proposed by the institution, consistent with criteria established by the appropriate regional or nationally recognized specialized accrediting agency.

2. The admission policies include detailed attention to the standards for academic credit given for experience, and the criteria for transfer credit.

3. The institution has a written policy detailing the criteria and procedure to be followed in providing for a refund of tuition and fees.

E. Academic Programs

1. The educational program and curriculum reflects the philosophy, purposes, and objectives of the institution.

2. The institution has a written policy describing its system for evaluating student performance, the minimum performance considered satisfactory, the criteria for academic probation and conditions for dismissal for unsatisfactory performance.

3. Procedures for the evaluation of the quality of programs of instruction and specific courses are clearly stated in writing.

4. The institution's programs of study consist of planned educational experiences to meet the stated objectives and include attention to the necessary prerequisites, required courses, and appropriate progression.

F. Faculty

1. The preponderance of faculty members provide instruction and possess academic, scholarly, and teaching qualifications appropriate to their respective positions and teaching assignments and are distributed in such a way that all students benefit from these qualifications.

2. The faculty is involved in developing, implementing, and evaluating the curriculum for all degree programs to assure quality learning experiences are provided for all students.

3. The faculty participates in the governance of the institution and the academic programs as well as in short-term institutional planning activities.

G. Student Services

1. Students are provided with, and have access to, a system of educational, career and personal advising services.

H. Library and Learning Resources

1. The institution maintains and provides ready access to library and learning resources, virtual and/or physical, that are adequate and appropriate for student achievement of stated program goals and objectives.

[Other areas to be addressed, should be added by institution officials in an effort to give as clear a picture as possible of the institution's library and learning resources – (°see Appendix B)].

I. Facilities

1. The institution provides and maintains an appropriate learning environment with the necessary supports and technologies sufficient for student achievement of educational objectives. In doing so, industry standards for health, safety, and maintenance are followed

J. Financial Resources

1. The application for establishment of a new degree-granting program documents a complete and realistic plan for implementing and financing the proposed academic program during the first five-year cycle of operation. The Five-Year Financial Plan° is based on reasonably projected enrollment levels; the nature and extent of instructional services required; the availability of existing resources to support the program; additional resource requirements; and projected/committed sources of funding (°see Appendix C for details to be addressed in the five-Year Financial Plan).

2. The application from an existing degree-granting institution clearly documents that it has the financial resources necessary to support its purposes, implement its program and maintain its continuity for a minimum of five years by providing its most recent audited financial statement, and that evidence exists of long range financial planning and viability.

(5) Form Review Committee. After information requested in #4 is received, the Commissioner will form a Review Committee authorized to review and evaluate the submitted material and to conduct on-site visits when applicable. The membership of the Committee will be determined by the Commissioner after consultation with officials of the applicant institution subject to the final approval of the State Board of Education. The committee will consist of at least five (5) individuals who will be representative of Maine's institutions of higher education. Other members may be added by the State Board of Education. One of the members will be a member of the Maine Higher Education Council who will serve as Chair of the Committee. Expenses incurred by the Committee will be the responsibility of the applicant institution of higher education.

(6) Review Committee Prepares Report. The Review Committee will prepare a report detailing the facts based upon a review of the submitted materials, the application of standards for evaluating requests as adopted by the State Board of Education, and information obtained from the on-site visit, if one was conducted, and include a recommendation as to whether the request for degree granting authority should be authorized. Prior to completion of the final report, the Review Committee will prepare an initial draft copy, without recommendation, and submit this to officials of de applicant institution for their review of the accuracy of the facts presented.

(7) Review Committee Forward Report. The final report and recommendation shall be forwarded to the Commissioner within four weeks following the Committee's visit or by the last Friday in November. A copy of the report, and recommendation, shall also be forwarded to the President of the applicant institution. At this time, officials of the applicant institution will be notified concerning their responsibility to obtain a bill sponsor and to take the necessary steps to get a bill drafted and filed in preparation for legislative action.

(8) Commissioner Transmits Report. The Commissioner will transmit the report of the Review Committee to the State Board of Education. The Board will receive the report and recommendation at its December meeting with final action to be taken at the next regular meeting at which time the Commissioner will make a recommendation for action.

If the officials of the applicant institution wish to make any comments, reaction, or rebuttal relative to the contents of the final report of the Review Committee, this shall be in writing to the Board and shall be available for receipt by the Board not later than at its December meeting. Concurrently, this material shall be made available to the Chair of the Review Committee and if the Committee wishes to respond to is content, this shall be done in writing and submitted to the State Board of Education at least ten days prior to the date of its meeting at which time final action is scheduled.

(9) State Board Action. The State Board of Education will make a recommendation on the request and transmit this to the Joint Legislative Committee on Education, and officials of the applicant institution will be notified of this action.

B. Additional Degree Approval

(1) Application. Officials of the applicant institution of higher education shall notify the Commissioner in writing of their intent to obtain additional degree approval at the Associate level or higher from the State Board of Education.

(2) Notification to Presidents. The Commissioner will notify the Presidents of all Maine institutions of higher education indicating receipt of the initial request.

(3) Provide Materials. The Commissioner will provide to the officials of the applicant institution such materials as are necessary to the conduct and finalizing of the approval process. Such materials shall include a copy of the procedures to be followed and standards to be met and other items as are pertinent.

(4) Preparing Report; Content. Officials of the applicant institution shall prepare a report and forward it to the Commissioner. The report must provide in depth information about the institution by giving attention to the following topics:

A. Organization and Governance

1. The institution has a current written document detailing administrative responsibilities of the governing board, administrators, the faculty, the staff, and the students (if staff and students participate in institutional governance).

2. The institution has an organizational chart that clearly shows lines of authority and the relationship among component units and personnel.

B. Institutional Objectives

1. The institution has defined its educational mission and general purposes or goals, and has included within its “statement of purpose” such uniqueness of programming and educational philosophy as may be inherent in the proposed degree offerings.

2. The institution's “statement of purpose” is readily identifiable through its course and program offerings.

C. Degree Requirements

1. The institution awards degrees, only upon successful completion of the courses or programs of study, and degree requirements to be met are specified in writing.

2. The institution's semester hour^[3]* requirements for degree completion meet the following minimums:

Associate Degree - An Associate degree requires a minimum of 60 semester hours or 90 quarter hours. The Associate of Arts degree shall include a minimum of 36 semester hours or 54 quarter hours in general education courses.^[4]** The Associate of Science degrees shall include a minimum of 15 semester hours or 23 quarter hours in general education courses.

Baccalaureate Degree - A Baccalaureate degree requires a minimum of 120 semester hours or 180*** quarter hours

Master's Degree - A Master's degree shall require a minimum of 30 semester hours or 45 quarter hours beyond the Baccalaureate.

Doctoral Degree - A Doctoral degree shall require a minimum of 60 semester hours or 90 quarter hours beyond the Baccalaureate in addition to the dissertation.

Decisions will be made on a case-by-case basis for institutions using a non-traditional approach instead of semester hours or quarter hours to determine degree completion

D. Admission Requirements

1. The institution has a written policy defining the minimum requirements for admission and for acceptance at the specific degree level or into the specific degree program proposed by the institution, consistent with criteria established by the appropriate regional or nationally recognized specialized accrediting agency.

2. The admission policies include detailed attention to the standards for academic credit given for experience, and the criteria for transfer credit.

3. The institution has a written policy detailing the criteria and procedure to be followed in providing for a refund of tuition and fees.

E. Academic Programs

1. The educational program and curriculum reflects the philosophy, purposes, and objectives of the institution.

2. The institution has a written policy describing its system for evaluating student performance, the minimum performance considered satisfactory, the criteria for academic probation and conditions for dismissal for unsatisfactory performance.

3. Procedures for the evaluation of the quality of programs of instruction and specific courses are clearly stated in writing.

4. The institution's programs of study consist of planned educational experiences to meet the stated objectives and include attention to the necessary prerequisites, required courses, and appropriate progression.

F. Faculty

1. The preponderance of faculty members provide instruction and possess academic, scholarly, and teaching qualifications appropriate to their respective positions and teaching assignments and are distributed in such a way that all students benefit from these qualifications.

2. The faculty is involved in developing, implementing, and evaluating the curriculum for all degree programs to assure quality learning experiences are provided for all students.

3. The faculty participates in the governance of the institution and the academic programs as well as in short-term institutional planning activities.

G. Student Services

1. Students are provided with, and have access to, a system of educational, career and personal advising services.

H. Library and Learning Resources

1. The institution maintains and provides ready access to library and learning resources, virtual and/or physical, that are adequate and appropriate for student achievement of stated program goals and objectives.

[Other areas to be addressed, should be added by institution officials in an effort to give as clear a picture as possible of the institution's library and learning resources – (°see Appendix B)].

I. Facilities

1. The institution provides and maintains an appropriate learning environment with the necessary supports and technologies sufficient for student achievement of educational objectives. In doing so, industry standards for health, safety, and maintenance are followed.

J. Financial Resources

1. The application for establishment of a new degree-granting program documents a complete and realistic plan for implementing and financing the proposed academic program during the first five-year cycle of operation. The Five-Year Financial Plan° is based on reasonably projected enrollment levels; the nature and extent of instructional services required; the availability of existing resources to support the program; additional resource requirements; and projected/committed sources of funding (°see Appendix C for details to be addressed in the five-Year Financial Plan).

2. The application from an existing degree-granting institution clearly documents that it has the financial resources necessary to support its purposes, implement its program and maintain its continuity for a minimum of five years by providing its most recent audited financial statement, and that evidence exists of long range financial planning and viability.

(5) Form Review Committee. After information requested in #4 is received, the Commissioner will form a Review Committee authorized to review and evaluate the submitted material and to conduct on-site visits when applicable. The membership of the Committee will be determined by the Commissioner after consultation with officials of the applicant institution subject to the final approval of the State Board of Education. The committee will consist of at least five (5) individuals who will be representative of Maine's institutions of higher education. Other members may be added by the State Board of Education. One of the members will be a member of the Maine Higher Education Council who will serve as Chair of the Committee. Expenses incurred by the Committee will be the responsibility of the applicant institution.

(6) Review Committee Prepares Report. The Review Committee will prepare a report detailing the facts based upon a review of the submitted materials, the application of standards for evaluating request as adopted by the State Board of Education, and information obtained from the on-site visit if one was conducted, and include a recommendation as to whether the request for additional degree approval should be granted. Prior to completion of the final report, the Review Committee will prepare an initial draft copy, without recommendation, and submit this to officials of the applicant institution for their review of the accuracy of the facts presented.

(7) Review Committee Forwards Report. The final report and recommendation shall be forwarded to the Commissioner within four weeks following the Committee's visit. A copy of the report and recommendation, shall also be forwarded to the President of the applicant institution.

(8) Commissioner Transmits Report. The Commissioner will transmit the report of the Review Committee to the State Board of Education. The Board will receive the report and recommendation at one of its regular meetings with final action to grant or deny approval to confer an additional degree or degrees to be taken at its next regular meeting at which time the Commissioner will make a recommendation for action.

If the officials of the applicant institution wish to make any comments, reaction, or rebuttal relative to the contents of the final report of the Review Committee, this shall be made in writing to the Board and such shall be available for receipt by the Board not later than three weeks prior to the date that final action is scheduled. Concurrently, this material shall be made available to the Chair of the Review Committee and if the Committee wishes to respond to its content, this shall be done in writing and submitted to the Board at least ten days prior to the date of its meeting at which time final action is scheduled.

(9) Notification to Officials. Officials of the applicant institution will be notified in writing of the action of the State Board of Education.

C. Course/Program Offerings by Out-of-State Institutions

(1) Applications. Officials of the applicant institution of higher education shall notify the Commissioner, in writing, of their intent to obtain State Board approval to offer an academic credit course or program in Maine.

(2) Notification to Presidents. The Commissioner will notify the President of all Maine institutions of higher education indicating receipt of the initial request.

(3) Provide Materials. The Commissioner will provide to the officials of the applicant institution such materials as are necessary to the conduct and finalizing of the approval process. Such materials shall include a copy of the procedures to be followed and standards to be met and other items as are pertinent.

(4) Preparing Report; Content. Officials of the applicant institution shall prepare a report and forward it to the Commissioner. The report must provide in depth information about the institution by giving attention to the following topics:

A. Organization and Governance

1. The institution has a current written document detailing administrative responsibilities of the governing board, administrators, the faculty, the staff, and the students (if staff and students participate in institutional governance).

2. The institution has an organizational chart that clearly shows lines of authority and the relationship among component units and personnel.

B. Institutional Objectives

1. The institution has defined its educational mission and general purposes or goals, and has included within its “statement of purpose” such uniqueness of programming and educational philosophy as may be inherent in the proposed degree offerings.

2. The institution's “statement of purpose” is readily identifiable through its course and program offerings.

C. Degree Requirements

1. The institution awards degrees, only upon successful completion of the courses or programs of study, and degree requirements to be met are specified in writing.

2. The institution's semester hour^[5]* requirements for degree completion meet the following minimums:

Associate Degree - An Associate degree requires a minimum of 60 semester hours or 90 quarter hours. The Associate of Arts degree shall include a minimum of 36 semester hours or 54 quarter hours in general education courses.^[6]** The Associate of Science degrees shall include a minimum of 15 semester hours or 23 quarter hours in general education courses.

Baccalaureate Degree - A Baccalaureate degree requires a minimum of 120 semester hours or 180*** quarter hours

Master's Degree - A Master's degree shall require a minimum of 30 semester hours or 43 45 quarter hours beyond the Baccalaureate.

Doctoral Degree - A Doctoral degree shall require a minimum of 60 semester hours or 90 quarter hours beyond the Baccalaureate in addition to the dissertation.

Decisions will be made on a case-by-case basis for institutions using a non-traditional approach instead of semester hours or quarter hours to determine degree completion

D. Admission Requirements

1. The institution has a written policy defining the minimum requirements for admission and for acceptance at the specific degree level or into the specific degree program proposed by the institution, consistent with criteria established by the appropriate regional or nationally recognized specialized accrediting agency.

2. The admission policies include detailed attention to the standards for academic credit given for experience, and the criteria for transfer credit.

3. The institution has a written policy detailing the criteria and procedure to be followed in providing for a refund of tuition and fees.

E. Academic Programs

1. The educational program and curriculum reflects the philosophy, purposes, and objectives of the institution.

2. The institution has a written policy describing its system for evaluating student performance, the minimum performance considered satisfactory, the criteria for academic probation and conditions for dismissal for unsatisfactory performance.

3. Procedures for the evaluation of the quality of programs of instruction and specific courses are clearly stated in writing.

4. The institution's programs of study consist of planned educational experiences to meet the stated objectives and include attention to the necessary prerequisites, required courses, and appropriate progression.

F. Faculty

1. The preponderance of faculty members provide instruction and possess academic, scholarly, and teaching qualifications appropriate to their respective positions and teaching assignments and are distributed in such a way that all students benefit from these qualifications.

2. The faculty is involved in developing, implementing, and evaluating the curriculum for all degree programs to assure quality learning experiences are provided for all students.

3. The faculty participates in the governance of the institution and the academic programs as well as in short-term institutional planning activities.

G. Student Services

1. Students are provided with, and have access to, a system of educational, career and personal advising services.

H. Library and Learning Resources

1. The institution maintains and provides ready access to library and learning resources, virtual and/or physical, that are adequate and appropriate for student achievement of stated program goals and objectives.

[Other areas to be addressed, should be added by institution officials in an effort to give as clear a picture as possible of the institution's library and learning resources – (°see Appendix B)].

I. Facilities

1. The institution provides and maintains an appropriate learning environment with the necessary supports and technologies sufficient for student achievement of educational objectives. In doing so, industry standards for health, safety, and maintenance are followed

J. Financial Resources

1. The application for establishment of a new degree-granting program documents a complete and realistic plan for implementing and financing the proposed academic program during the first five-year cycle of operation. The Five-Year Financial Plan is based on reasonably projected enrollment levels; the nature and extent of instructional services required; the availability of existing resources to support the program; additional resource requirements; and projected/committed sources of funding (°see Appendix C for details to be addressed in the Five-Year Financial Plan).

2. The application from an existing degree-granting institution clearly documents that it has the financial resources necessary to support its purposes, implement its program and maintain its continuity for a minimum of five years by providing its most recent audited financial statement, and that evidence exists of long range financial planning and viability.

(5) Form Review Committee. After information requested in #4 is received, the Commissioner will form a Review Committee authorized to review and evaluate the submitted material. This committee will conduct any on-site visit as is appropriate at Maine locations where the course/program will be offered or meet in Maine with institution officials to discuss the details of the proposed offerings. A meeting with officials of the applicant in is required as part of the approval process. The membership of the Committee will be determined by the Commissioner and will consist of at least three individuals representative of Maine's institutions of higher education.

(6) Review Committee Report and Recommendation. The Review Committee will prepare a report based upon a review of the submitted materials, the application of standards for evaluating requests as adopted by the State Board of Education, information obtained from the on-site visit, if one was made, and the meeting with institution officials. The Committee's report will also include a recommendation as to whether approval should be granted or denied. The Review Committee will forward this to the Commissioner and State Board of Education.

(7) Final Action by State Board of Education. Upon receipt of the Review Committee's report and recommendation, and upon recommendation by the Commissioner, the Board will either grant or deny the approval request. If approval is granted it shall be valid for a four year period unless a special situation requires a shorter period.

(8) Program Changes. Any future changes that the applicant institution desires to make in the courses or programs previously approved by the Board shall be submitted to the Commissioner at least three months in advance of the planned implementation date. The need for the implications of these changes shall be explained. Materials as submitted will be reviewed by the Review Committee with written comments made to the Commissioner who shall prepare a report and recommendation for the Board. The Board shall either grant or deny the request for changes.

(9) Renewal. A request previously approved by the Board may be renewed. This renewal shall be for a specified time period which will be dependent upon the nature of the course or program offerings. Officials of the applicant institution shall notify the Commissioner of their desire to renew the approval and indicate any significant changes that would be made in the previously approved offerings. The Commissioner will notify the President of all Maine postsecondary institutions indicating receipt of the renewal request. The submitted materials will be reviewed by a Review Committee which will make written comments to the Commissioner. This Review Committee shall consist of all or at least three (3) members of the committee that evaluated the initial request. If there are less than three (3) members of the original group still available a new committee shall be constituted. The Commissioner shall, concurrently, cause an evaluation to be done of the previously approved offerings.

Following review of the comments received and the completed evaluation, the Commissioner will prepare a report and recommendation for the Board.

Following review of the report and upon recommendation from the Commissioner, the Board will either grant or deny the renewal request.

D. Coordinated Courses or Programs

(1) Application. Officials of the applicant institution of higher education shall notify the Commissioner, in writing, of their intent to obtain State approval for a coordinated program and include the name of the degree granting Maine institution of higher education with which the program will be coordinated as well as information detailing the results of contacts between the applicant institution and the coordinating Maine institution.

(2) Notification to Presidents. The Commissioner will notify the Presidents of all Maine institutions of higher education indicating receipt of the applicant's request.

(3) Provide materials. The Commissioner will provide to the officials of the applicant institution such materials as are necessary for the conduct and finalizing of the approval process. Such materials shall include a copy of the procedures to be followed and standards to be met and other items as are pertinent.

(4) Information Submitted to Commissioner. At least three months prior to the planned date of the commencement of the proposed coordinated program, all necessary information will be submitted to the Commissioner. This information should include, but not be limited to, the following:

A. Responsibilities of the degree granting Maine institution of higher education

B. Responsibilities of the applicant institution

C. Details of the coordinated arrangement

D. Content of the program

E. Program goals/objectives

F. Administrative responsibility

G. Indication of support from the president of the degree-granting Maine institution of higher education.

(5) Commissioner's Report and Recommendation. The Commissioner shall review the information as submitted under paragraph (4) and transmit a report and recommendation to the State Board of Education.

(6) State Board Action. Following review of the report and upon recommendation of the Commissioner, the State Board of Education will make the final decision on the applicant's request. Approval will only be in effect so as long as the coordinated program operates on a continuous basis.

(7) Program Changes. Any future changes contemplated in the program which would significantly alter the conduct of the coordinated activity as previously approved, must be submitted to the Commissioner at least three months in advance of the planned implementation date in the same manner as set forth in paragraph (4). The Commissioner will review changes and transmit a report and recommendation to the State Board of Education which shall make a final decision on the request.

E. Telecommunications Instruction

(1) Physical presence. Any higher education institution located outside the State of Maine and seeking to provide from an out-of-state source telecommunication instruction in Maine which involves physical presence in this state by the out-of-state institution must obtain approval from the State Board of Education. Physical presence shall be evident when support services for telecommunications offerings include institutional representatives serving as tutors, counselors, instructors or monitors at the Maine receiving site.

(2) Application. Officials of the out-of-state higher education institution shall notify the Commissioner in writing of their intent to seek approval to make academic credit telecommunication offerings in Maine under provisions specified in (1) above.

(3) Notification to Presidents. The Commissioner win notify the Presidents of all Maine institutions of higher education indicating receipt of the initial request.

(4) Provide Materials. The Commissioner will provide to the officials of the applicant institution an application and other materials necessary to the finalizing of the approval process.

(5) Form Review Committee. After the completed application is received, the Commissioner will form a Review Committee authorized to review and evaluate the submitted material. The membership of the committee will be determined by the Commissioner and will consist of at least five (5) individuals who will include but not be limited to personnel from Maine's institutions of higher education and individuals knowledgeable about telecommunication instruction from public and private institutions and agencies. The committee will meet in Maine with officials of the applicant institution to obtain further details.

(6) Review Committee Prepares Report. The Review Committee will prepare a final report based upon a review of the submitted material and the meeting with institution officials and include a recommendation as to whether the request should be approved.

(7) Review Committee Forwards Report. The final report and recommendation shall be forwarded to the Commissioner who shall in turn forward these to the State Board of Education with a recommendation for action.

(8) Final Action by State Board of Education. Upon receipt of the Review Committee's report and recommendation and upon recommendation by the Commissioner the Board will either grant or deny the request. If approval is granted it shall be valid for a four year period unless a special situation requires a shorter period.

F. Temporary Approval

(1) Application. Officials of the applicant institution shall notify the Commissioner, in writing of their intent to obtain temporary approval.

(2) Notification to Presidents. The Commissioner will notify the Presidents of all Maine institutions of higher education indicating receipt of the request.

(3) Provide Materials. The Commissioner will provide material to the officials of the applicant institution, including a copy of the procedures to be followed and standards to be met and other items as may be necessary to conduct and finalize the approval process.

(4) Report Content. Officials of the applicant institution shall prepare a report and forward it to the Commissioner. This report must provide in-depth information about the institution (see Part 2, Sections A, B, or C for guidance as to the necessary details when responding to the following topics):

A. Organization and Governance

B. Institutional Objectives

C. Degree Requirements

D. Admission Requirements

E. Academic Programs

F. Faculty

G. Student Services

H. Library and Learning Resources

I. Facilities

J. Financial Resources

[Additional information may have to be submitted when officials seek initial legislative authorization].

(5) Commissioner Review and Report. After information requested in paragraph(4) is received, the Commissioner will review and evaluate the submitted material and prepare a report for submission to the State Board of Education.

(6) State Board Action , 2 Year Limit. Following review of the report and upon recommendation from the Commissioner, the State Board of Education will take final action on the applicant's request. Temporary approval may be granted for a period not in excess of two years, in accordance with the provisions of 20-A MRSA §10703.

G. Resubmission of Application Previously Denied.

No application previously denied by the Board under Part 2, C or D, shall be accepted for resubmission unless evidence is provided to the Commissioner that substantive changes or conditions have occurred that would warrant a resubmission. If the Commissioner determines that such changes or conditions are evident, a resubmission, application shall be processed according to established procedures.

History

• STATUTORY AUTHORITY: 20-A MRSA, Chapter 409, §§ 10701-10710
• EFFECTIVE DATE: July 6, 1980
• AMENDED: February 25, 1981 - Sec. II, Subsection (5,6,7,8)
• AMENDED: October 21, 1981 - Sec. II, Subsection B
• AMENDED: December 28, 1984
• AMENDED: January 24, 1988
• AMENDED: October 3, 1992
• EFFECTIVE DATE (ELECTRONIC CONVERSION): May 19, 1996
• NON-SUBSTANTIVE CORRECTIONS: November 23, 2000 - typos and formatting
• AMENDED: November 23, 2008 – filing 2008-542
• AMENDED: APAO WORD VERSION CONVERSION (IF NEEDED) AND ACCESSIBILITY CHECK: July 15, 2025
• AMENDED: APPENDIX A
• AMENDED: General Education Courses
• AMENDED: General education courses are those designed to place emphasis on cognitive development rather than on a vocational objective and may include the following when such are not specifically designed for inclusion in a non-academic program:
• AMENDED: English music
• AMENDED: history sociology
• AMENDED: philosophy world languages
• AMENDED: literature humanities
• AMENDED: religion mathematics
• AMENDED: art chemistry
• AMENDED: biology psychology
• AMENDED: economics physics
• AMENDED: APPENDIX B
• AMENDED: Library and Learning Resources
• AMENDED: Other areas to be addressed should be added by institution officials in an effort to provide as clear a picture as possible of the institution's library and learning resources, virtual and/or physical. These areas include, but are not limited to, the following topical listing.
• AMENDED: 1. The institution has written objectives for the library that are in accordance with the institution's purpose, the nature of the educational program and the projected enrollment and insures that the students use the library and its resources as an integral part of their education.
• AMENDED: 2. The institution's library contains an up-to-date collection of books, periodicals, newspapers, and other instructional materials which are readily accessible to the faculty and the students. Libraries may make instructional materials available through the utilization of network, remote access and other information technologies.
• AMENDED: 3. The library collection is sufficient in quality, level, diversity, quantity and current to support and enrich the institution's offerings.
• AMENDED: 4. The library is staffed by professionally qualified individuals.
• AMENDED: 5. The institution has a program for continuous acquisition of library materials and for appropriate cataloging and maintenance of all library holdings.
• AMENDED: 6. A sufficient and consistent material and operational budget has been developed consistent with that of other institutions of comparable size and sufficient to meet the library needs of the institution.
• AMENDED: 7. The library is of sufficient size and design to accommodate the needs of the student body for work space and areas for listening or viewing various media materials to facilitate students study and learning.
• AMENDED: 8. If an outside library is to provide a major part of the library resources, the institution has developed a plan detailing the extent of dependence on the outside library including the nature and details of any agreements Concerning availability and use by students.
• AMENDED: 9. All undergraduate programs require the use of internet information resources in addition to course texts and formal instruction.
• AMENDED: APPENDIX C
• AMENDED: Financial Resources
• AMENDED: The institution can document that it has the financial resources necessary to support its purposes, implement its program and maintain its continuity for a minimum of five (5) years by providing its most recent audited financial statement and evidence of long range financial planning and viability.
• AMENDED: 1. For Initial Degree-Granting Authority
• AMENDED: List all projected expenses and data which give evidence of the reasonableness of such expenses. Such expenses and supporting evidence should at least include the following:
• AMENDED: Instructor expense showing the expected instructor/student ratio and instructor compensation. Each item should be supported by appropriate benchmarks or evidence.Administrative and support service expense including evidence of the reasonableness of such items.Any other expected and necessary expense with appropriate evidence of reasonableness.
• AMENDED: b. Identify the expected sources of income to cover anticipated expenses. Sources of income could include:
• AMENDED: Tuition amounts. Evidence should be included that realistically shows the number of students that are expected to enroll. The amount of tuition should be justified by showing some benchmark comparisons.Amounts provided by fund raising, gifts and grants. There should be evidence of the ability of the institution to raise such funds.Amounts, if any, to be borrowed. Commitments from lenders, including terms of repayment, should be included.Any additional sources of income should be identified and supported by evidence of reasonability.
• AMENDED: c. Using the elements described above, along with any other data, the resulting Five-Year Plan must show the ability of the institution to financially support the proposed degree program(s). The intent of the Five-Year Plan is to insure that prospective students enrolling in the proposed degree program are not placed in a position of undue financial risk.
• AMENDED: 2. For Renewal of Degree-Granting Authority
• AMENDED: a. The application from an existing degree-granting institution clearly documents that it has the financial resources necessary to support its purposes, implement its program in Maine and maintain its continuity for a minimum of five years by providing its most recent audited financial statement, and that evidence exists of long range financial planning and viability.
• AMENDED: With institutions using the semester system there are two 15-week semesters in an academic year. A semester hour is defined as the credit received for completing 15 contact hours of study in class and 30 clock hours in outside preparation. One semester hour is the equivalent of 1.5 quarter hours. See Appendix A for list of general education courses. With institutions using the quarter system there are three 10-week quarters in an academic year. A quarter hour is 2/3 of a semester hour (one quarter hour is the equivalent of .667 semester hours). ↑ ↑ With institutions using the semester system there are two 15-week semesters in an academic year. A semester hour is defined as the credit received for completing 15 contact hours of study in class and 30 clock hours in outside preparation. One semester hour is the equivalent of 1.5 quarter hours. See Appendix A for list of general education courses. With institutions using the quarter system there are three 10-week quarters in an academic year. A quarter hour is 2/3 of a semester hour (one quarter hour is the equivalent of .667 semester hours). ↑ ↑ With institutions using the semester system there are two 15-week semesters in an academic year. A semester hour is defined as the credit received for completing 15 contact hours of study in class and 30 clock hours in outside preparation. One semester hour is the equivalent of 1.5 quarter hours. ↑ ↑

Chapter 150 Licensing Privately Owned Correspondence Schools

Code Me. R. 05-071 Ch. 150 Rules for Licensing Privately Owned Correspondence Schools {#sec-05-071-ch.-150 omnilex-key=us-me-regs-official--dept-education-and-state-board-education--05-071 Ch. 150}

SUMMARY: Rule #05-071, CMR 150 identifies rules to be utilized in licensing privately owned correspondence schools.

I. Definitions

For purposes of this Chapter the following definitions are utilized:

A. “School or private correspondence school" means (1) any privately owned postsecondary school in this State conducted for the purpose of providing systematic instruction in any field of study by correspondence except those that are exempt under section 2, and (2) any postsecondary school as described in paragraph (1) located out of State which hires or authorizes solicitors or agents to recruit students, sell courses or promote the school or its program within this State.

B. “Commissioner” means the Commissioner of the Department of Education.

C. “Systematic Instruction by Correspondence” means instruction provided by written materials sent to the student via direct mail or delivery service; by video or audio tape or disc sent to the student via direct mail or delivery service; or by other types of telecommunication or distance learning through which instructional material may be transmitted directly to the student. All such instruction requires either written or verbal responses for the purpose of evaluating student learning.

2. Exemptions

A.. Educational programs offered by any non-profit corporation.

B. Schools as defined in 1. A whose offerings result in the awarding of academic credits toward a degree from the school. Schools whose course or program offerings do result in degree credit from the school are subject to the provisions of 20-A MRSA § 10701-10710.

C. Courses or programs of instruction conducted under contract with an employer for employees exclusively.

D. A private correspondence school offering programs or courses with a residential component is not subject to licensure under this chapter but is subject to licensure under Chapter 147, entitled “Rules for the Licensing of Privately Owned Business, Trade and Technical Schools - Proprietary Schools.”

3. Certification Process

A. Application

A school shall make a written application to the Commissioner for approval at least sixty (60) days prior to intent to operate. Schools desiring renewal of approval shall make application at least thirty (30) days prior to the expiration date of the approval.

B. Initial Approval

1. Schools making application for approval shall complete an application form provided by the Commissioner of Education and accompanied by a fee of $100 and a continuous surety bond in the sum of $10,000. In addition to the information required on the application form, the following supporting documents shall accompany the application:

a. Statements relative to the financial stability of the school;

b. A statement concerning any accreditation or approval granted the school by any recognized agency or association;

c. A copy of the curriculum for each course, showing the content of the subjects taught and the type of work or skills to be learned;

d. A copy of each form used for record maintenance purposes;

e. A copy of all catalogs, circulars, enrollment or application blanks and contract forms;

f. A list of all solicitors authorized by the school to solicit in Maine.

g. A copy of the school's refund policy.

2. The administrator, upon review and consideration of an application for approval, and based upon the meeting of the standards as set forth in section 4 shall determine the applicant to be acceptable or unacceptable. The review and consideration shall include an on-site evaluation when deemed necessary.

C. Renewal

1. Schools desiring renewal of a Certificate of Approval shall make application on or before December 1 on forms provided by the Commissioner of Education and accompanied by a fee of $50.

2. Information pertaining to changes in courses, publications, financial stability, accreditation, refund policies and solicitors since the date of last approval shall be submitted with the renewal application.

D. Suspension or Revocation

The Commissioner may deny an initial or renewal application for approval if the standards set forth in section 4 are not met. The applicant shall also comply with these standards on a continuing basis during the term of the annual approval. The school's failure to at all times comply with these standards shall constitute grounds for suspension or revocation of the license. In addition, an application may be denied and an existing approval may be revoked or suspended if for financial or other reasons it appears unlikely that the school will be able to deliver instruction as described in its catalogs, promotional materials, circulars, enrollment or application blanks and contract forms.

(Note: The issuance, renewal, nonrenewal, suspension and revocation of licenses are addressed in 4 M.R.S.A. § 1151 et seq, and 5 M.R.S.A. §8001 et seq.)

E. Expiration

All school approvals shall be on an annual basis and shall expire on December 31.

4. Standards for Approval

A. School Name and Location

1. The name of the correspondence school shall not suggest an official relation with a municipality or with the State of Maine.

2. Any change in the name or location of an approved correspondence school shall be subject to the prior approval of the Commissioner.

B. Administration

1. Each correspondence school shall have an executive head. The executive head shall present evidence that he/she has the qualifications and the experience essential for competent and ethical administration of a correspondence school and that he/she will be able to devote the necessary time to the school for its efficient administration. If the school is a branch of a school that has its principal location outside of Maine, there shall be an agent or solicitor whose responsibilities shall be clearly stated in the approval application.

2. The executive head shall have the administrative assistance necessary to operate the school and effectively coordinate the work of the teachers.

3. Each correspondence school shall furnish information and report as deemed necessary by the Commissioner and on forms provided.

C. Qualifications of Instructional Staff

Each advisor shall have at least a high school diploma and a combination of at least six years of advanced study, teaching, and experience closely related to the subjects being taught. This standard shall not operate to prevent the employment of competent assistants without these qualifications as long as the individual is adequately supervised.

D. Course(s) of Instruction

1. The course content shall be of such nature and quality as to adequately cover the subject as thoroughly as stated in the school's catalog or publicity brochure.

2. An individualized correctional service shall be provided to indicate the errors, direct the student to sources of correct information, and to supply additional explanations and supplementary instructional material when requested.

E. Brochure

The school brochure or catalog shall include, but not be limited to, the following information:

1. The name and location of the school;

2. The name of the executive head of the school;

3. A description of the courses offered; (This standard may be met by publishing a description of the courses offered as a bulletin separate from the catalog).

4. Books, supplies and equipment the student may be required to purchase in addition to those provided by the school;

5. Requirements for graduation (if applicable);

6. The maximum time allowed for completing each course;

7. Refund policy.

F. Enrollment Agreement

The school shall use an enrollment agreement with the student which shall include the following information:

1. The total cost to the student;

2. The initial payment due at the time of registration;

3. The amounts of subsequent payments and a statement specifying when the payments are due;

4. The fees and tuition charged;

5. The terms of settlement refund policy for the student who discontinues his/her enrollment and withdraws from the school.

G. Advertising

1. All advertising originating in a Maine publication shall be based upon fact. Any statement, illustration, representation or omission which misleads or tends to mislead the public shall be deemed objectionable.

2. All advertising and promotional literature used by a school must clearly indicate that training or education, and not employment, is being offered.

3. Schools using classified columns of newspapers or other publications to procure students must use only such columns as are headed by “Education,” “Schools,” “Instruction,” or a similarly titled classification.

4. Statements, direct or implied, assuring or guaranteeing jobs or memberships in unions or other organizations as a result of completing a course or program of instruction shall not be used.

5. Any advertising of the price of tuition must state the exact name of the course immediately followed by the number of lessons. When the cost of tuition is advertised, the cost of tools, supplies, and all other charges shall be included in the advertising.

H. School Records

The school shall retain permanently the following information: student name, last known address, status (graduate, drop out, etc.). and academic record.

5. Change in Accreditation Status

If accredited, a school shall promptly notify the Commissioner of any change in Its accreditation status.

6. Complaints: Processing Of Complaints

A. Investigations

The Department shall cause to be investigated all complaints of noncompliance with the rules. Complaints shall be addressed to the Department in writing with specific facts and allegations and signed by the complainant. The school shall be notified of any complaints which are to be investigated.

B. Dismissal

If. upon investigation, the Department concludes that there is no reasonable evidence of non-compliance with the requirements of the rule, it shall dismiss that complaint and notify both the school and the complainant of its action.

C. Further Action

if upon preliminary investigations the Department determines that there is reasonable evidence of non-compliance with the rule, the Department shall take further action. This may include but is not limited to:

Further investigation by staff or agents of the Department;

Referral of investigation to other authorities;

Holding a fact-finding hearing-which shall not be an adjudictory hearing;

Holding a meeting with school officials.

7. Change of Ownership.

A. Nontransferability

Certificates of Approval issued to a person pursuant to this Chapter are not transferable. Prior to the effective date of any of the transactions specified in subsections B-D below, the new owner must have applied for and received approval in order for operation of an existing school to continue.

B. Sole Proprietors

Certificates of Approval issued to a sole proprietor shall become void upon the voluntary or involuntary sale or transfer to any other person of the school or any ownership interest in the school other than a bona fide mortgage or security interest.

A sole proprietor shall notify the Commissioner of any impending sale or transfer within the scope of this subsection at least 45 days prior to the effective date of the transaction.

C. Partnerships

1. Certificates of Approval issued to a partnership shall become void upon:

a. the voluntary of involuntary sale or transfer to any other person of the school or any ownership interest in the school other than a bona fide mortgage or security interest; or

b. any change in the composition of the partnership other than the reallocation of the ownership interests of the existing partners or the withdrawal of a partner.

2. A partnership shall notify the Commissioner of any impending sale, transfer or change in composition within the scope of this subsection at least 45 days prior to the effective date of the transaction.

D. Corporations

1. An initial or renewal certificate of approval issued to a corporation shall become void upon:

a. the voluntary or involuntary sale or transfer to any other person of the school or any ownership interest in the school other than a bona fide mortgage or security interest;

b. any change in ownership of the corporations stock other than (a) the sale or transfer of stock among existing shareholders or (b) the sale or transfer of stock in publicly traded companies; or

c. the issuance of additional stock in a company that is not publicly traded to a person who is not a current shareholder.

2. A Corporation shall notify the Commissioner of any sale, transfer, change in stock ownership or new issue within the scope of this subsection at least 45 days prior to the effective date of the transaction.

3. School Closing

If the school cancels the program or courses which it is approved to offer in Maine and ceases operation for whatever reason, officials shall notify the Commissioner and all enrolled students at least 30 days prior to the date of the scheduled cessation of the school's activities. All refunds which are due students under the school's published refund policy shall be made during this 30 day period.

9. Violations

Any violation of this chapter shall be handled under the provisions set forth in 20A MRSA § 9203.

History

• STATUTORY AUTHORITY: 20-A MRSA, Chapter 321
• EFFECTIVE DATE: August 2, 1980
• AMENDED: November 11, 1981
• AMENDED: December 22, 1991
• EFFECTIVE DATE (ELECTRONIC CONVERSION): May 19, 1996
• EFFECTIVE DATE (ELECTRONIC CONVERSION): APAO WORD VERSION CONVERSION (IF NEEDED) AND ACCESSIBILITY CHECK: July 15, 2025

Chapter 161 Purchase and Storage of Hazardous Chemicals

Code Me. R. 05-071 Ch. 161 Purchase and Storage of Hazardous Chemicals {#sec-05-071-ch.-161 omnilex-key=us-me-regs-official--dept-education-and-state-board-education--05-071 Ch. 161}

Summary: This rule establishes standards for the purchase and storage of hazardous chemicals in all public schools of the state.

1. DEFINITIONS

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings:

Hazardous chemical: "Hazardous chemical" means a chemical which is a physical hazard or a health hazard, as listed by the (Maine Department of Labor) Bureau of Labor Standards.

Health hazard: "Health hazard" means a chemical which is:

a. Listed in the Toxic and Hazardous Substance section of the regulations of the Occupational Health and Safety Act labeling standard in the United States Code of Federal Regulations 29, Part 1910, Subpart Z;

b. Listed in the Threshold Limit Values for Chemical Substances and Physical Agents in the Work Environment, American conference of Governmental Industrial Hygienists, latest edition;

c. A carcinogen or potential carcinogen, listed in The Registry of Toxic Effects of Chemical Substances, published by the National Institute for Occupational Safety and Health, latest edition based on the National Toxicology Program Annual Report on Carcinogens or the International Agency for Research on Cancer Monographs:

d. Listed as radioactive material in regulations promulgated by the United States Nuclear Regulatory Commission;

e. Contained on a list established by the director (of the Bureau of Labor Standards) by rule after consultation with the Bureau of Health and which meets any of the following criteria:

(1) Has a median lethal oral dose of not more than 500 milligrams per kilogram of body weight;

(2) Has a median lethal dermal dose of not more than 1,000 milligrams per kilogram of body weight;

(3) Has median inhalation lethal concentration in air of not more than 2,000 parts per million by volume of gas or vapor, or more than 2 milligrams per liter but not more than 20 milligrams per liter of mist, fume or dust; or

(4) Has been found by the director (of the Bureau of Labor Standards), based on established scientific principles, to have significant potential to cause adverse, acute or chronic health effects; or

f. A mixture which is a health hazard based on application of the criteria a through e to the mixture as a whole, or which contains more than 1% by weight or volume of a chemical which is a health hazard or which contains more than 0.1% by weight or volume of a carcinogen identified in accordance with paragraph c.

Material Safety Data Sheet: "Material Safety Data Sheet" means a form containing information concerning a hazardous chemical substantially equivalent in content to Form 20 of the United States Occupational Safety and Health Administration, but which includes both acute and chronic health hazard information.

Physical hazard: "Physical hazard" means a chemical which is:

a. Listed in the United States Department of Transportation Hazardous Materials Table, 49 Code of Federal Regulations 172,101;

b. Contained on a list established by the director (of the Bureau of Labor Standards) after consultation with the State Fire Marshal and which meets any of the following criteria:

(1) Is a combustible liquid, i.e., any liquid with a flash point above 100 degrees F, and below 200 degrees F.;

(2) Is a compressed gas (other than air), i.e., any chemical having in the container an absolute pressure exceeding 40 PSI at 70 degrees F. or having an absolute pressure exceeding 104 PSI at 130 degrees F. or any liquid having a vapor pressure exceeding 40 PSI absolute pressure at 100 degrees F.;

(3) Is an explosive, i.e., any chemical that causes a sudden, almost instantaneous release of pressure, gas and heat when subjected to sudden shock, pressure or high temperature;

(4) Is a flammable substance, i.e., any liquid with a flash point of below 100 degrees F., solid that is liable to cause fire through friction, absorption of moisture, spontaneous chemical change or retained heat from manufacturing or processing or which can be ignited readily and when ignited burns so vigorously and persistently as to create a serious hazard, or gas which at atmospheric temperature or pressure forms a flammable mixture with air when present at a concentration of 13% or less by volume or that forms a range of flammable mixtures with air wider than 12% by volume regardless of the lower limit;

(5) Is an organic peroxide, i.e., an organic compound that contains the bivalent -0-0- structure and which is a derivative of hydrogen peroxide where one or more hydrogen atoms have been replaced by organic radicals;

(6) Is an oxidizer, i.e., a chemical that initiates or promotes combustion in other materials thereby causing fire;

(7) Is pyrophoric, i.e., a chemical that will ignite spontaneously in air at a temperature of 130 degrees F. or below;

(8) Is unstable (reactive), i,e., a chemical which will vigorously react under conditions of shock, pressure or temperature, or

(9) Is water reactive, i.e., a chemical that reacts with water to release a gas that is either flammable or presents a health hazard; or

c. A mixture which is a physical hazard based on applicability of the criteria of paragraphs a and b to the mixture as a whole.

2. PURCHASE OF HAZARDOUS CHEMICALS

A. A Hazardous Chemical Screening Process shall be established in each school administrative unit to review and approve the purchase of any hazardous chemical required by any department, academic as well as service function. The process will be conducted under the direction of the superintendent of the school unit (or his or her representative) in consultation with school employees in speciality areas in which the hazardous chemicals are to be used,

B. Requests for the purchase of a hazardous chemical shall include at least the following information:

1. The common and chemical name of the chemical;

2. The amount of the chemical needed for the year;

3. The storage requirements, curricular use and waste disposal procedures for the chemical; and

4. The amount and age of any existing quantities of the chemical.

C. When purchasing hazardous chemicals that have a shelflife of greater than two years, the school unit shall order quantities which can be fully consumed under normal conditions and use within two years of the purchase date. If the hazardous chemical has a shelflife of less than two years, the quantity purchased must be consumable under normal conditions and use within the stated shelf-life period.

3. STORAGE OF HAZARDOUS CHEMICALS

A. Inventory lists of all hazardous chemicals shall be submitted to the Director of the Bureau of Labor Standards, Department of Labor. Those lists shall be updated annually.

B. Chemicals which are beyond their published shelf-life or expiration date or which are chemical wastes (including unwanted and unneeded chemical or chemicals) shall be disposed of in accordance with applicable state (38 MRSA Section 1301 et seq. and Chapters 850857 of the Maine Department of Environmental Protection's Hazardous Waste Management Rules) and federal (Title 40 Code of Federal Regulations, Chapters 260-266) laws and regulations.

C. Quantities of hazardous chemicals in storage shall be limited to that expected to be used in a two year period.

D. Hazardous chemicals shall be stored in accordance with the specifications described on the Material Safety Data Sheets, consistent with an acceptable compatibility classification system and shall be accurately and appropriately labeled in accordance with 26 MRSA Section 1713.

E. Storage areas shall be secure and accessible only to trained personnel. Storage shall be on steel or wood shelving with acid-resistant paint with safety lips to prevent spillage. Shelves shall be securely anchored to the floor, wall and/or ceiling and shall be clearly labeled to indicate the kind of chemicals that are to be stored there.

F. It is recommended that a continuous flow (plumbed) eyewash station, which is capable of providing fifteen (15) minutes of continuous irrigation of both eyes, and a deluge shower be readily accessible from the storage area.

G. There shall be an ABC fire extinguisher, or its equivalent, of at least 10 pounds and preferably 20 pounds capacity within fifty (50) feet of the storage area,

H. Material and equipment for spill control shall be provided,

I. It is recommended that chemical storage areas should be vented to provide four (4) room changes per hour to the outside of the building away from air intakes, Vents shall be in operation whenever school is in session or whenever school personnel are in attendance.

4. MONITORING

A. The Department of Education shall monitor the school unit's compliance with these rules as part of the Comprehensive School Review required in 20-A MRSA § 4504 (2).

B. Other monitoring visits may be scheduled at the discretion of the Commissioner.,

5. ENFORCEMENT MEASURES

A. The superintendent of any school or school unit which fails to comply with the above standards shall be notified in writing pending enforcement action by the Commissioner. Such notice shall include a statement of the laws and regulations with which the school or school unit fails to comply.

B. School units failing to comply with the above standards shall be given notice and the opportunity for a hearing. The Commissioner may withhold subsidy and other state funds from a school unit until compliance is achieved. If compliance is not achieved within a time determined by the Commissioner, the Commissioner may refer the matter to the Attorney General for legal action.

History

• STATUTORY AUTHORITY: 20-A MRSA § 15613 (14)
• EFFECTIVE DATE: September 1, 1991
• EFFECTIVE DATE (ELECTRONIC CONVERSION): May 19, 1996
• EFFECTIVE DATE (ELECTRONIC CONVERSION): 05-071 Chapter 161 page 5

Chapter 170 Evaluating Requests for Degree Authorization (Maine and Out-of-StateInstitutions)

Code Me. R. 05-071 Ch. 170 Standards for Evaluating Requests for Degree-Granting Authorizations and for Out-of-State Postsecondary Institutions Seeking to Offer Academic Credit Courses/Programs in Maine {#sec-05-071-ch.-170 omnilex-key=us-me-regs-official--dept-education-and-state-board-education--05-071 Ch. 170}

Summary: Rule 05-071 CMR 170 establishes standards to be utilized by review committees when evaluating requests for degree authorization and for requests from out-of-state postsecondary institutions seeking to offer academic credit courses/programs in Maine.

1. DEGREE AUTHORIZATION - MAINE BASED INSTITUTIONS

A. Organization and Governance

1. The institution has a current written document detailing administrative responsibilities of the governing board, administrators, the faculty, the staff, and the students (if staff and students participate in institutional governance).

2. The institution has an organizational chart that clearly shows lines of authority and the relationship among component units and personnel.

B. Institutional Objectives

1. The institution has defined its educational mission and general purposes or goals, and has included within its “statement of purpose” such uniqueness of programming and educational philosophy as may be inherent in the proposed degree offerings.

2. The institution's “statement of purpose” is readily identifiable through its course and program offerings.

C. Degree Requirements

1. The institution awards degrees, only upon successful completion of the courses or programs of study, and degree requirements to be met are specified in writing.

2. The institution's semester hour^[1]* requirements for degree completion meet the following minimums:

Associate Degree - An Associate degree requires a minimum of 60 semester hours or 90 quarter hours. The Associate of Arts degree shall include a minimum of 36 semester hours or 54 quarter hours in general education courses.^[2]** The Associate of Science degrees shall include a minimum of 15 semester hours or 23 quarter hours in general education courses.

Baccalaureate Degree - A Baccalaureate degree requires a minimum of 120 semester hours or 180*** quarter hours

Master's Degree - A Master's degree shall require a minimum of 30 semester hours or 45 quarter hours beyond the Baccalaureate.

Doctoral Degree - A Doctoral degree shall require a minimum of 60 semester hours or 90 quarter hours beyond the Baccalaureate in addition to the dissertation.

Decisions will be made on a case-by-case basis for institutions using a non-traditional approach instead of semester hours or quarter hours to determine degree completion

D. Admission Requirements

1. The institution has a written policy defining the minimum requirements for admission and for acceptance at the specific degree level or into the specific degree program proposed by the institution, consistent with criteria established by the appropriate regional or nationally recognized specialized accrediting agency.

2. The admission policies include detailed attention to the standards for academic credit given for experience, and the criteria for transfer credit.

3. The institution has a written policy detailing the criteria and procedure to be followed in providing for a refund of tuition and fees.

E. Academic Programs

1. The educational program and curriculum reflects the philosophy, purposes, and objectives of the institution.

2. The institution has a written policy describing its system for evaluating student performance, the minimum performance considered satisfactory, the criteria for academic probation and conditions for dismissal for unsatisfactory performance.

3. Procedures for the evaluation of the quality of programs of instruction and specific courses are clearly stated in writing.

4. The institution's programs of study consist of planned educational experiences to meet the stated objectives and include attention to the necessary prerequisites, required courses, and appropriate progression.

F. Faculty

1. The preponderance of faculty members provide instruction and possess academic, scholarly, and teaching qualifications appropriate to their respective positions and teaching assignments and are distributed in such a way that all students benefit from these qualifications.

2. The faculty is involved in developing, implementing, and evaluating the curriculum for all degree programs to assure quality learning experiences are provided for all students.

3. The faculty participates in the governance of the institution and the academic programs as well as in short-term institutional planning activities.

G. Student Services

1. Students are provided with, and have access to, a system of educational, career and personal advising services.

H. Library and Learning Resources

1. The institution maintains and provides ready access to library and learning resources, virtual and/or physical, that are adequate and appropriate for student achievement of stated program goals and objectives.

I. Facilities

1. The institution provides and maintains an appropriate learning environment with the necessary supports and technologies sufficient for student achievement of educational objectives. In doing so, industry standards for health, safety, and maintenance are followed.

J. Financial Resources

1. The application for establishment of a new degree-granting program documents a complete and realistic plan for implementing and financing the proposed academic program during the first five-year cycle of operation. The plan is based on reasonably projected enrollment levels; the nature and extent of instructional services required; the availability of existing resources to support the program; additional resource requirements; and projected/committed sources of funding.

2. The application from an existing degree-granting institution clearly documents that it has the financial resources necessary to support its purposes, implement its program and maintain its continuity for a minimum of five years by providing its most recent audited financial statement, and that evidence exists of long range financial planning.

2. OFFERING IN MAINE BY OUT-OF-STATE INSTITUTION

Introduction: Operating Authorization and Accreditation

1. The institution has legal authorization to operate and grant degrees in its home state, either through a state charter or other statutory provision, and has been in operation in its home state for at least 3 years° prior to the date of application for approval to make offerings in Maine.

° Note: The three year rule will be applied on a case-by-case basis and may not be required if in the best interest of the State of Maine and its citizens.

2. The institution is accredited by a regional accrediting agency or the program to be offered in Maine is nationally accredited by one of the programmatic accrediting agencies recognized by the U.S. Secretary of Education. In the absence of such accreditation, an application to operate in the State of Maine will not be considered.

A. Organization and Governance

1. The institution has a current written document detailing the administrative responsibilities of the governing board, administrators, the faculty, the staff, and the students (if staff and students participate in institutional governance.

2. Organizational charts clearly showing the lines of authority and the relationships among component units and personnel have been developed with attention given to both on-campus and off-campus operations.

B. Institutional Objectives

1. The institution has defined its overall educational mission and general purposes or goals, and has included within its statement of purpose such uniqueness or programming and educational philosophy as may be inherent in the proposed degree courses or programs to be offered in Maine.

2. The institution's statement of purpose is readily identifiable through its course and program offerings.

C. Degree Requirements

1. The institution awards degrees, only upon successful completion of the courses or programs of study, and degree requirements to be met are specified in writing.

2. All degree requirements are clearly stated in writing and include attention to residence requirements if such are necessary for completion of the program.

3. The institution’s semester hour* requirements for degree completion meet the following minimums:

Associate Degree - An Associate degree requires a minimum of 60 semester hours or 90 quarter hours. The Associate of Arts degree shall include a minimum of 36 semester hours or 54 quarter hours in general education courses.^[3]** The Associate of Science degree shall include a minimum of 15 semester hours or 23 quarter hours in general education courses.

Baccalaureate Degree - A Baccalaureate degree requires a minimum of 120 semester hours or 180*** quarter hours

Master's Degree - A Master's degree shall require a minimum of 30 semester hours or 45 quarter hours beyond the Baccalaureate.

Doctoral Degree - A Doctoral degree shall require a minimum of 60 semester hours or 90 quarter hours beyond the Baccalaureate in addition to the dissertation.

Decisions will be made on a case-by-case basis for institutions using a non-traditional approach instead of semester hours or quarter hours to determine degree completion.

D. Admission Requirements

1. The institution has written policies defining the minimum requirements for admission into the academic credit courses or program proposed for offering in Maine.

2. The admission policies include detailed the standards for academic credit given for experience, and the criteria for determining transfer credit.

3. A written refund policy is in evidence detailing the criteria for the refund of tuition and fees.

E. Academic Programs

1. The educational program and curricular to be offered in Maine is reflective of the philosophy, purposes, and objectives of the institution.

2. The institution has a written policy describing its system for evaluating student performance, the minimum performance considered satisfactory, the criteria for academic probation and conditions for dismissal for unsatisfactory performance.

3. Procedures for evaluation of programs of instruction and specific courses are clearly stated in writing.

4. The institution's programs of study consist of planned educational experiences to meet the stated objectives and includes attention to required prerequisites, required courses, and appropriate progression.

5. The materials and equipment necessary for attainment of the objectives of the course or program offerings are available at the Maine site.

6. Off-campus programs are equivalent to those conducted at the home campus.

F. Faculty

1. The preponderance of faculty members provide instruction and possess academic, scholarly, and teaching qualifications appropriate to their respective positions and teaching assignments and are distributed in such a way that all Maine students benefit from these qualifications.

2. The institution’s system for evaluation of faculty is utilized with the evaluation of all faculty providing instruction at the Maine site.

G. Student Services

1. Students are provided with, and have access to, a system of educational, career and personal advising services

H. Library and Learning Resources

1. The institution maintains and provides ready access to library and learning resources, virtual and/or physical, that are adequate and appropriate for student achievement of stated program goals and objectives.

I. Facilities

1. The institution provides and maintains an appropriate learning environment with the necessary supports and technologies sufficient for student achievement of educational objectives. In doing so, industry standards for health, safety, and maintenance are followed.

J. Financial Resources

The application from an existing degree-granting institution clearly documents that it has the financial resources necessary to support its purposes, implement its Maine program and maintain its continuity for a period of time by providing its most recent audited financial statement, and that evidence exists of long range financial planning and viability.

K. Telecommunication Instruction

1. All standards indicated in Section 2 subsections A-K of this chapter apply to requests for approval to offer in Maine academic credit courses or programs via telecommunication instruction when there is a physical presence here as defined in Chapter 149 CMR, Section 1.I and Section 2, E, (1).

2. The quality of off-campus instruction, including faculty selection and course approval, is the responsibility of the same academic unit that administers the insitution’s program on-campus.

3. All curricula is derived directly from approved programs and each course is consistent in quality, content and standards with resident courses offered on the home campus.

GENERAL/NON-DISCRIMINATION POLICY

Maine-based institutions and out-of-state institutions, with State Board authorization to operate in Maine, shall provide evidence that they comply with appropriate, federal and state laws which prohibit discrimination against persons because of race, gender, religion or creed, sexual orientation, national or ethnic origin, age, economic status, or disability.

History

• STATUTORY AUTHORITY: 20-A MRSA § 10710
• EFFECTIVE DATE: October 1, 1986 – filing 86-363
• AMENDED: July 25, 1994 – filing 94-310
• EFFECTIVE DATE (ELECTRONIC CONVERSION): May 19, 1996
• AMENDED: November 23, 2008 – filing 2008-543
• AMENDED: APAO WORD VERSION CONVERSION (IF NEEDED) AND ACCESSIBILITY CHECK: July 15, 2025
• AMENDED: APPENDIX A
• AMENDED: General education courses are those designed to place emphasis on cognitive development rather than on a vocational objective and may include the following when such are not specifically designed for inclusion in a non-academic program:
• AMENDED: English music
• AMENDED: history sociology
• AMENDED: philosophy world languages
• AMENDED: literature humanities
• AMENDED: religion mathematics
• AMENDED: art chemistry
• AMENDED: biology psychology
• AMENDED: economics physics
• AMENDED: With institutions using the semester system there are two 15-week semesters in an academic year. A semester hour is defined as the credit received for completing 15 contact hours of study in class and 30 clock hours in outside preparation. One semester hour is the equivalent of 1.5 quarter hours. ↑ See Appendix A for list of general education courses. With institutions using the quarter system there are three 10-week quarters in an academic year. A quarter hour is 2/3 of a semester hour (one quarter hour is the equivalent of .667 semester hours ↑ ↑

Chapter 180 Performance Evaluation and Professional Growth Systems

Code Me. R. 05-071 Ch. 180 Performance Evaluation and Professional Growth Systems {#sec-05-071-ch.-180 omnilex-key=us-me-regs-official--dept-education-and-state-board-education--05-071 Ch. 180}

SUMMARY: This rule establishes standards and procedures for implementation of performance evaluation and professional growth systems (PEPG systems) for educators, as required in Chapter 508 of Title 20-A of the Maine Revised Statutes . It defines terms, identifies professional practice standards for use in PEPG systems and requires involvement of educators in implementation of systems. The rule sets forth the process for obtaining Department approval of locally-developed plans, and describes technical assistance to be provided by the Department.

SECTION 1. PURPOSE OF THE RULE

This rule sets forth requirements for implementing Chapter 508 of Title 20-A of the Maine Revised Statutes . Chapter 508 requires school administrative units to develop, pilot and implement systems of performance evaluation and professional growth for teachers and principals. The purpose of Chapter 508 and this rule is to support educator professional growth and development by clearly setting forth expectations for professional practice, establishing opportunities for ongoing peer support and collaboration, and student learning and growth, and providing actionable feedback and support to help educators meet those expectations. The goal of improving educator effectiveness is to improve student achievement.

SECTION 2. DEFINITIONS

“Approved PEPG system” means a PEPG system that complies with the requirements of Chapter 508 and this rule and that has been approved by the Department.

“Chapter 508” means Chapter 508 of Title 20-A of the Maine Revised Statutes .

“Department” means the Maine Department of Education.

“Educator” means a teacher or a principal.

“Instructional Cohort” of a particular teacher means the group of students for whom that teacher is the teacher of record.

“InTASC Model Core Teaching Standards” or “InTASC standards” means the set of professional practice standards for teachers adopted in April, 2011 by the Interstate Teacher Assessment and Support Consortium (InTASC).

“Educational Leadership Policy Standards: ISLLC 2008” or “ISLLC standards” means the set of professional practice standards for educational leaders adopted by the National Policy Board for Educational Administration/Interstate Leader Licensure Consortium Steering Committee.

“Peer mentor or coach” means the professionally certified teacher or instructional coach assigned to provide support for a new or conditionally certified teacher and who meets the qualifications in Section 4.

“Performance evaluation and professional growth system”, or “PEPG system” means a system of evaluation and support as described in Chapter 508.

“PEPG system plan” means the documents governing the operation of a local PEPG system, including but not limited to professional practice standards, descriptors and rubrics; student learning and growth measures the method for a summative effectiveness rating; and other documents describing implementation of the PEPG system. The use of student learning and growth measures will be discretionary as of September 1, 2021.

“Principal” means person who supervises teachers in delivering the instructional program of a school This includes a person serving as principal, assistant principal, teaching principal, career and technical education administrator and assistant career and technical education administrator serving in a position that requires certification under State Board of Education Rule Chapter 115, Part II, Section 4.5, 4.6, and 4.7.

“Rating level” means one of the four summative effectiveness ratings assigned to educators under a PEPG system.

“School administrative unit” has the same meaning as in Title 20-A, section 1, subsection 26 except that, for purposes of this rule, it also includes career and technical education regions and all charter schools.

“Summative effectiveness rating” means the effectiveness rating of an educator that is assigned at the end of an evaluation period, under an approved PEPG system.

“Teacher” means a person who provides classroom instruction to students in a general education, special education or career and technical education program. It does not include adult education instructors or persons defined as “educational specialists” in State Board of Education Rule Chapter 115, section 2.20.

“Teacher of Record” means a teacher to whom the academic growth of a student in a course or other learning experience is attributed, in whole or in part, as described in Section 7(2).

SECTION 3. REQUIREMENT TO DEVELOP, PILOT AND IMPLEMENT SYSTEMS

Each school administrative unit shall develop, pilot and implement a performance evaluation and professional growth system for educators that complies with Chapter 508 and this rule. Development, piloting and implementation of the system must occur within the time frame set forth in Chapter 508.

SECTION 4. DEPARTMENT APPROVAL OF SYSTEM

Timing of submission and approval

A PEPG system must be approved by the Department before the first school year in which the system is implemented, other than as a pilot. To ensure adequate time for Department review and feedback, and to ensure adequate time for the school administrative unit to train educators on the system, a school administrative unit shall submit its PEPG system plan for Department approval not less than 90 days before the beginning of the first school year in which the PEPG system will be used to assign a summative effectiveness rating.

Within 30 days of receiving a complete filing of a proposed system plan, the Department shall notify the school administrative unit of whether the system plan is approved, or what changes are needed in order for the plan to be approved. The Department shall assist the school administrative unit in understanding options, and making changes to the system plan to bring it into compliance with Chapter 508 and this rule.

A school administrative unit is encouraged to seek advice and comment from the Department as it develops and pilots its PEPG system.

Submittal requirements

To obtain Department approval, a school administrative unit must submit its PEPG system plan, on a form provided by the Department.

The PEPG system plan must include:

A professional practice model applicable to teachers;

A professional practice model applicable to principals;

C. A process for creating and approving measures of student learning and growth, if a school unit chooses to use such measures;

D. A description of other measures of educator effectiveness that will be used in determining the educator’s summative effectiveness rating;

E A description of the four summative effectiveness rating categories and the method of combining the multiple measures of educator effectiveness, weights, targets and actual performance to arrive at a summative effectiveness rating for an educator;

F. A description of the results and consequences of being placed in each of the rating levels;

G. Implementation procedures, including but not limited to training requirements for evaluators;

H. A description of how educators were involved in development of the system, and how they will be trained to ensure that they understand and can fully participate in the system;

A description of how teachers, principals, administrators, school board members, parents and other members of the public were involved in development of the system;

J. A description of when and how the Steering Committee was formed and the mechanism by which the Steering Committee’s review will lead to revision of the PEPG system; and

K. A description of the PEPG system pilot, and what changes, if any, were made to the system plan as a result of the pilot.

Department approval is also contingent upon evidence of adoption of the system by the school board.

SECTION 5. PROFESSIONAL PRACTICE STANDARDS FOR TEACHERS

The Interstate Teacher Assessment and Support Consortium (InTASC) Model Core Teaching Standards are the benchmark for teacher effectiveness in Maine schools. To evaluate the professional practice of teachers in a PEPG system, a school administrative unit must use a professional practice model that includes performance standards aligned with the InTASC Model Core Teaching Standards ; supporting descriptors for each standard as published or endorsed by the creator/sponsor of the standards; and rubrics for each standard. At the time this rule was drafted, the creators of the InTASC Model Core Standards had not created rubrics to be used with the standards and descriptors. Therefore, a school administrative unit must either locate or create rubrics for the InTASC standards or use a professional practice model that includes a complete set of InTASC-aligned standards, descriptors and rubrics.

The Department has determined that the following models contain all of the elements necessary to be approved for use as the professional practice element of a PEPG system for teachers:

1.The National Board for Professional Teaching Standards (NBPTS) Five Core Propositions and Indicators, along with the rubrics created by the Maine Schools for Excellence;

2. The Framework for Teaching , by Charlotte Danielson; and

3. The Marzano Art and Science of Teaching Framework .

4. The Kim Marshall Teacher Evaluation Rubrics

5. MSAD 49 Teacher Evaluation Rubric , based on the Kim Marshall Teacher Evaluation Rubrics

If a school administrative unit chooses to use a professional practice model other than the models listed above, it must demonstrate to the Department that the school administrative unit’s selected model meets the criteria set forth in this section.

SECTION 6. PROFESSIONAL PRACTICE STANDARDS FOR PRINCIPALS

The Educational Leadership Policy Standards: ISLLC 2008 is the benchmark for principal effectiveness in Maine schools. To evaluate the professional practice of principals, a school administrative unit must use a principal evaluation model that includes performance standards that align with the ISLLC 2008 standards; supporting descriptions or indicators for each standard as published or endorsed by the creator /sponsor of the standards; and rubrics for each standard that are aligned with the adopted standards and descriptors. At the time this rule was drafted, the creators of the ISLLS 2008 standards had not created rubrics to be used with the standards and descriptors. Therefore, a school administrative unit must either locate or create rubrics for the ISLLC 2008 standards or use a professional practice model that includes a complete set of ISLLC-aligned standards, descriptors and rubrics.

The Department has determined that the following models contain all of the elements necessary to be approved for use as the professional practice element of a PEPG system for principals:

1. National Board Core Propositions for Accomplished Educational Leaders , adopted by the National Board for Professional Teaching Standards in 2009, along with the rubrics created by the Maine Schools for Excellence; and

2.The principal professional practice evaluation model created by the Supervision and Evaluation Committee of the Maine Principal’s Association, dated September 2013 and posted on the Association’s Website at www.mpa.cc;

3. The Marzano School Leader Evaluation Model ;

4. The Kim Marshall Principal Evaluation Rubrics.

If a school administrative unit chooses to use a professional practice model other than the models listed above, it must demonstrate to the Department that the model meets the criteria set forth in this section.

SECTION 7. STUDENT LEARNING AND GROWTH MEASURES

This section will not be required as of September 1, 2021. At that point, steering committees will have flexibility in determining whether or not student learning and growth will be used and how those measures will be implemented.

“Significant Factor”

Student learning and growth measures must be a significant factor in the determination of the summative effectiveness rating of an educator. To be considered “significant,” student learning and growth measures must have a discernible impact on an educator’s summative effectiveness rating.

The proportionate weight of the student learning and growth measures that are considered to be a significant factor in the determination of the summative effectiveness rating of an educator must be a local decision made by a school administrative unit in accordance with the provisions in section 12.

“Teacher of Record”

A. A teacher is a “teacher of record” for a student only if:

(1) The student is enrolled in the course or other learning experience taught by that teacher;

(2) The student was present and was subject to instruction by that teacher at least 80% of the scheduled instructional time for that course or learning experience with that teacher; and

(3) The student took both the pre-test and the post-test designed to measure achievement in that course or learning experience.

A student’s academic performance may be attributed to more than one teacher of record, as long as the criteria set forth in subparagraphs (1) to (3) above are met for each teacher.

B. A school administrative unit must provide each teacher with a list of students for whom the teacher is likely to be the teacher of record, and must provide the teacher an opportunity to request review and revision of the list to correct any inaccuracies on the list. A list of those students must be provided within a reasonable time after the beginning of the course or learning experience, and must include information about the pre-test taken by each student and the scheduled instructional time for that course or learning experience with that teacher. A proposed final list of students must be provided to the teacher within a reasonable amount of time before the end of the course or learning experience, and must include a calculation of the amount of time that the student was present and taught by that teacher. The PEPG system must include a process by which a teacher can contest and seek correction of determinations of “teacher of record” status. Nothing in this section prohibits collaboration in establishing and monitoring the list of students for whom the teacher will be teacher of record.

Permissible Measures

Student learning and growth measures must meet the criteria established in this subsection. Student learning and growth measures must be appropriately attributed to the teacher or principal whose evaluation is impacted by those measures.

A student learning and growth measure must measure a change in a student’s knowledge or skills between two points of time during which an educator has influence.

Multiple measures of student learning and growth must be factored into the summative effectiveness rating of an educator. At a teacher’s discretion, large-scale standardized tests may be the sole type of student learning and growth measures used.

To obtain growth information, the knowledge and skills must have been assessed before the student is taught or led by the teacher or principal, and after, i.e., there must be a comparable pre-assessment and post-assessments to measure the growth of the student under instruction or leadership of the teacher or principal whose evaluation is impacted by the student. The pre-assessment and post-assessment are not required to occur in the same school year.

To obtain growth information, the knowledge and skills must have been assessed before the student is taught or led by the teacher or principal, and after, i.e., there must be a comparable pre-assessment and post-assessments to measure the growth of the student under instruction or leadership of the teacher or principal whose evaluation is impacted by the student. The pre-assessment and post-assessment are not required to occur in the same school year.

A particular student’s growth measure may be included in the evaluation of a teacher only if:

The teacher is a teacher of record for that student; or

(2) The student’s growth measure is part of a collective measure, the use of which has been agreed to by the teacher pursuant to the process set forth in the school administrative unit’s system plan.

The criteria or instrument used to measure student growth must:

Be able to measure growth in identified and intended learning outcomes;

Provide all students in the instructional cohort the opportunity to demonstrate growth in knowledge or skills;

Be able to inform instruction;

Be administered consistently across similar grade spans, courses or instructional cohorts.

F. The results must be used in a way that takes into account differences in growth opportunity across the spectrum, e.g., higher-achieving students shouldn’t be expected to make the same quantity of growth as lowest-achieving students.

An individual education plan must not be used as a measure of student growth in the evaluation of an educator.

Use of Student Learning Objectives

SAUs must use a Student Learning Objectives (SLOs) framework or comparable structure to develop and record student learning and growth measures and The SAU must establish in its PEPG system handbook criteria for:

The identification of content standards,

The selection of assessments;

(3) Setting growth targets (if applicable);

The size of an instructional cohort; and

The length of the instructional interval of time.

5. Use of Collective Student Growth Measures

In recognition that a student’s academic achievement may be affected by teachers other than the student’s teacher of record, a PEPG system may include academic achievement of students outside the teacher’s instructional cohort. Any use of such collective measures must:

Be agreed to by teachers to whom it will be applied, under the agreement process set forth in the system plan; and

B. Comprise not more than one-fourth of the total student growth measure.

6. Use of State Assessment (MEA) Results for Tested Subjects and Grades

Maine Educational Assessment (MEA) for Mathematics and English Language Arts/Literacy State Assessment results must be used as one measure of student learning and growth for teachers in the corresponding grades and subjects (English Language Arts/Literacy and Math). These results must

Be attributed to teachers of record in accordance with the criteria for Teacher of Record in Section7.2; and

Be used in such a way that they meet the criteria for Permissible Measures in Section 7.3.

SECTION 8. RATING LEVELS

Each PEPG system must result in placement of educators into one of the following four summative effectiveness rating categories: Highly Effective; Effective; Partially Effective; and Ineffective.

While implementing a PEPG system, a school administrative unit may use different labels for its four rating levels, as long as the levels align with the levels above, and the labels above are used for purposes of applying laws and rules.

SECTION 9. DETERMINING EFFECTIVENESS RATINGS

A school administrative unit shall adopt a method of determining an educator’s summative effectiveness rating. The method may include, but is not limited to:

1. Assigning numerical values to each element in the system and weighting them to provide a single numerical result that correlates with one of the four possible ratings in #2 below; and

2. Creation of a two-dimensional matrix with professional practice on one axis and a second measure on the other axis. The intersection of the levels results in one of the four possible ratings (Highly Effective; Effective; Partially Effective; and Ineffective).

SECTION 10. RESULTS OF PLACEMENT IN RATING LEVELS

A school administrative unit must set forth the professional growth opportunities and the employment consequences tied to each rating level. An educator who is rated ineffective must be provided an opportunity to develop and implement a professional improvement plan.

SECTION 11. PEER SUPPORT AND MENTORING

The PEPG system must include a peer support and mentoring component with opportunities for all educators to share, learn and continually improve their practice in collaboration with peers as described below. Peer support, mentoring, and coaching shall be formative in nature, for the sole purpose of ongoing professional growth for educators, and be tailored to the needs of educators with less than five years of teaching experience.

For all educators

For teachers and principals not included in Subsections 2, 3, 4 and 5 below, the SAU may determine the frequency and intensity of the peer support component, provided that at least one opportunity occurs annually. For teachers included in Subsections 2, 3, 4, or 5 below, the peer mentoring or coaching component satisfies the requirements of this subsection. For the purposes of this subsection, peer support includes, but is not limited to, observation of practice, goal setting, conferencing, and review of artifacts and other evidence reflecting an educator’s practice.

For teachers new to an SAU

The PEPG system must include a formative peer mentoring or coaching component of at least one year for all teachers new to the SAU regardless of their cumulative years of licensure. The formative mentoring or coaching component must include at least two observations with feedback by a qualified peer mentor, using an SAU-approved protocol that includes, but is not limited to, focused goals for the improvement of practice. The peer mentoring or coaching component must also include other opportunities for the new teacher to receive support and feedback from mentors or coaches on his or her performance to continually improve practice.

For teachers holding a Conditional Certificate for a Regular Education Endorsement

The PEPG system must include a formative peer mentoring or coaching component of at least one year for a teacher holding conditional certificate for a regular education endorsement who has been employed by the SAU for more than one year. The formative mentoring or coaching component must include at least two observations with feedback by a qualified peer mentor, using an SAU-approved protocol that includes, but is not limited to, focused goals for the improvement of practice. The peer mentoring or coaching component must also include other opportunities for the conditionally certified teacher defined in this subsection to receive support and feedback from mentors or coaches on his or her performance to continually improve practice.

For teachers in year two or three of a Conditional Certificate for a Special Education Endorsement on the effective date of this Rule

The PEPG system must include a formative peer mentoring or coaching component of at least one year for a teacher holding conditional certificate for a special education endorsement who has been employed by the SAU for more than one year. The formative mentoring or coaching component must include at least two observations with feedback by a qualified peer mentor, using an SAU-approved protocol that includes, but is not limited to, focused goals for the improvement of practice. The peer mentoring or coaching component must also include other opportunities for the conditionally certified teacher defined in this subsection to receive support and feedback from mentors or coaches on his or her performance to continually improve practice.

For teachers in the first year of a Conditional Certificate for a Special Education Endorsement on the effective date of this Rule and, subsequently, all conditionally certified special education teachers

The SAU must ensure that a conditionally certified special education teacher successfully completes an alternative certification and mentoring program designated by the Department specifically for conditionally certified special education teachers. For a newly hired teacher, for the purposes of this Rule, participation in an alternative certification and mentoring program supersedes and satisfies the requirements of Subsection 2.

Qualifications of Peer Mentors or Coaches

For the purposes of Subsection 3, a peer mentor or coach shall be a professionally certified teacher. If the peer mentor or coach participates in the SAU’s PEPG system and has received a summative performance rating, his or her current rating must reflect performance that is at least effective. For the purposes of Subsections 1, 2, and 3 of this Rule, the SAU may specify additional qualifications that will be required of peer mentors and coaches, based on the needs of its educators, such as years of experience, training, membership in professional learning communities, and credentials.

For the purposes of Subsection 4, the qualifications of the mentor or coach shall be determined by the Department and communicated to the field.

SECTION 12. IMPLEMENTATION REQUIREMENTS

Notice of person overseeing evaluations

A school administrative unit must provide to each educator who will be evaluated under this rule the name and contact information of the administrator responsible for overseeing the evaluation and support process for that educator.

2. Evaluation frequency

A school administrative unit shall determine and set forth in its system plan, the frequency with which it will conduct full evaluations leading to summative effectiveness ratings. A school administrative unit is not required to conduct a full evaluation leading to a summative effectiveness rating of each educator in each year. The frequency of full evaluations may vary depending on the effectiveness ratings of educators. However, full evaluations must be conducted at least every three years, even for highly effective educators.

Regardless of whether an educator is evaluated formally in a particular year, observations of professional practice and formative feedback must occur each year and throughout the school year for all educators.

3. Training of evaluators

A person is a qualified evaluator in a Chapter 508 system only if that person has completed training appropriate to the role he or she will play in the system.

Evaluators must be trained in the specific professional practice model selected by the school administrative unit in which the evaluator will perform duties.

A. Evaluators must complete training in the following:

(1) Conducting pre-observation and post-observation conferences;

(2) Providing meaningful feedback on instructional practice;

(3) Observing and evaluating the professional practice of teachers and/or principals; and

(4) Developing and guiding professional growth plans.

The training in observing and evaluating professional practice of teachers and/or principals must include the following:

(1) Training in evaluating performance based on evidence, and without bias;

(2) Adequate time for evaluators to practice and become familiar with the model during their trainings;

(3) Opportunity for evaluators to work collaboratively;

(4) Training in assessing evidence of performance not directly observed in classroom observations or direct observations of principals and in incorporating that evidence into a summative evaluation; and

(5) Training designed to ensure a high level of inter-rater reliability and agreement. To continue to serve as a trained evaluator, an evaluator must maintain an identified minimum level of inter-rater reliability and agreement by participating in training or recalibration at intervals specified in the PEPG system plan.

4. Written evaluation

In addition to a summative effectiveness rating, each educator must receive a written evaluation that includes a narrative providing recommendations and commendations that describe the educator’s effectiveness.

5. Personnel record

An educator’s written evaluation, evaluation documentation and summative effectiveness rating are confidential personnel records, in accordance with Title 20-A, section 6101, subsection 2.

SECTION 13. EDUCATOR INVOLVEMENT IN DEVELOPING, IMPLEMENTING AND REVIEWING PEPG SYSTEMS

Development of system

Title 20-A of the Maine Revised Statutes , Section 13705 requires school administrative units to develop PEPG systems “in collaboration with teachers, principals, administrators, school board members, parents and other members of the public.”

A majority of the members of the initial group of stakeholders must be teachers. Of the teachers appointed to the initial group of stakeholders, 2/3rds must have the endorsement of the majority of the teachers in the school administrative unit and 2/3rds must have the endorsement of the majority of the school administrative unit’s governing body.

B. The initial group of stakeholders must use a consensus decision-making process to develop the performance evaluation and professional growth system.

C. If the stakeholder group fails to reach consensus on any issue, the school administrative unit shall adopt one of the State Model PEPG systems developed pursuant to section 16 of the rule. Upon request by the entire membership of the stakeholder group, the commissioner may provide additional time to the group to reach consensus. Upon the expiration of that additional time, the school administrative unit shall adopt one of the State Model PEPG systems developed pursuant to section 16 of this rule.

Training

Prior to implementing a PEPG system, a school administrative unit must provide training to each educator who will be evaluated under the PEPG system to provide the opportunity for each educator to understand:

The structure of the system, including the multiple measures of educator effectiveness and the evaluation cycle;

The names and roles of administrators and others whose decisions impact the educator’s rating;

How to participate in professional development opportunities to assist the educator in meeting professional practice standards used in the system;

The results and consequences of receiving each type of summative effectiveness rating; and

Other aspects of the system necessary to enable the educator to participate fully in the evaluation and professional growth aspects of the system.

Implementation, review and refinement of systems; Steering Committee

Each school administrative unit shall form a Steering Committee to regularly review and refine the PEPG system. The Steering Committee must include teachers, administrators and other school administrative unit staff. A majority of the steering committee members must be teachers and must be chosen by the local representative of the applicable collective bargaining unit if the teachers in the school administrative unit are covered by a collective bargaining agreement. The structure and proposed operation of a Steering Committee, including the method of appointing members to the Steering Committee, must be included in the PEPG system plan. Any revisions to the performance evaluation and professional growth system made by the steering committee must be reached by consensus. The Steering Committee must be formed no later than the beginning of the pilot period of the PEPG system.

SECTION 14. USE OF RATING IN PROFESSIONAL DEVELOPMENT DECISIONS

Professional development opportunities must be provided to educators, based on individual needs identified during PEPG system evaluations.

1. Professional Growth Plan

An educator who receives a summative effectiveness rating higher than ineffective must develop a professional growth plan that is based on clearly articulated goals related to targeted areas of practice and student performance.

2. Professional Improvement Plan

An educator who receives a summative effectiveness rating of “ineffective” must be provided the opportunity to develop and implement a professional improvement plan. The PEPG system plan must assign responsibility to one or more supervisors or administrators to work with the educator and to oversee development and implementation of a professional improvement plan.

The professional improvement plan must:

A. Be in writing;

B. Be developed with input from the educator;

C. Set forth clear, measurable objectives and deadlines; and

D. Be focused on improvement in the specific areas of evaluation identified as needing improvement.

SECTION 15. PILOTING OF SYSTEM

A. The purpose of the pilot is to evaluate the school administrative unit’s proposed PEPG system. Data from the pilot must be used to inform potential refinement and improvement of the system. Evidence and data collected during the pilot year may be used to inform professional growth plans and differentiated evaluation cycles beginning during the first year of implementation, but performance ratings assigned during the pilot may not be used in any action related to employment or compensation of an educator.

B. A school administrative unit shall design a pilot and identifying problems. The school administrative unit shall ensure that the local Steering Committee is formed before the pilot begins and must ensure that the Steering Committee develops a plan for in monitoring and evaluating the results of the pilot.

SECTION 16. TECHNICAL ASSISTANCE; STATE MODEL PEPG SYSTEM

1. The Department shall provide technical assistance to school administrative units in developing, piloting and implementing PEPG systems, including, but not limited to: an online bank of tools, training and resources for use in developing, piloting and implementing PEPG systems; posting of approved PEPG systems and system tools; and technical assistance in refining and revising PEPG plans. The Department shall develop at least one complete State Model PEPG system for teachers and at least one complete State Model PEPG system for principals.

2. The Department shall implement a system of monitoring and providing feedback and support based on information gathered through the monitoring system. Ongoing monitoring will include the collection of data including but not limited to:

A. The aggregate summative ratings for each school.

B. The process for and frequency of observation and feedback

C. Opportunities for targeted professional growth and improvement

D. The specific measures included in summative effectiveness ratings

E. The use of ratings for employment decisions

F. The mechanism for sustaining the PEPG system

G. Evaluator and educator training programs

SECTION 17. FUNDING FOR DEVELOPMENT, PILOTING AND IMPLEMENTATION

The Department shall provide guidance to school administrative units on sources of funding for development and implementation of PEPG systems, which may include guidance on the permissible use of federal Elementary and Secondary Education Act (ESEA) funds, state essential programs and services (EPS) funds and potential grant sources.

SECTION 18. IMPACT OF EFFECTIVENESS RATINGS UNDER PRE-CHAPTER 508 SYSTEMS

An effectiveness rating assigned to an educator in a system that has not been approved pursuant to Chapter 508 and this rule, is not an “effectiveness rating pursuant to Chapter 508” as used in Title 20-A, section 13201 or a “summative effectiveness rating” as used in Title 20-A, section 13703.

History

• STATUTORY AUTHORITY: Title 20-A MRS §13706
• EFFECTIVE DATE: May 15, 1991 - filing 91-168 as “Child Development Services System”
• REPEALED AND REPLACED: December 2, 1992 filing 92-465 as “Comprehensive Childfind System and Early Intervention FAPE Services Rule”
• REPEALED AND REPLACED: May 16, 1993 - filing 93-162
• AMENDED: October 31, 1994 - filing 94-442 as “Comprehensive Childfind System and Early Intervention Services Rule”
• AMENDED: August 2, 2000 - filing 2000-315 as “Early Intervention and Special Education for Children Age Birth to Under Age Six
• AMENDED: May 26, 2001 - filing 2001-166
• AMENDED: June 15, 2003 filing 2003-181
• AMENDED: August 3, 2004 - filing 2004-308 (Emergency adoption, major substantive)
• AMENDED: November 28, 2005 - filing 2005-452 (Final adoption, major substantive)
• REPEALED: August 3, 2007 - filing 2007-281 (Integrated into Ch. 101)
• EFFECTIVE DATE: June 20, 2014 - filing 2014-099 as “Performance Evaluation and Professional Growth Systems” (Final adoption, major substantive)
• AMENDED: March 18, 2015 – filing 2015-040, driven by P.L. ch. 3 (Emergency) effective March 17, 2015 which mandated this filing, with certain procedural details outside of the normal APA process.
• AMENDED: June 3, 2018 - filing 2018-075 (Final adoption, major substantive)
• AMENDED: July 18, 2020 - filing 2020-140 (Final adoption, major substantive)

Chapter 221 Adult Education Administrative Cost Reimbursement

Code Me. R. 05-071 Ch. 221 Adult Education Administrative Cost Reimbursement {#sec-05-071-ch.-221 omnilex-key=us-me-regs-official--dept-education-and-state-board-education--05-071 Ch. 221}

SUMMARY: This rule specifies the elements of adult education administrative costs for which school administrative units, regions and centers may claim reimbursement.

1. Definitions

Administrative costs included in 20-A MRS §8601-A(1) are defined as follows:

A. “Administrative salaries” means the salaries and fringe benefits of Administrators and Directors of adult education programs that meet the definition of adult education in 8601-A.1. and of high school equivalency assessment Examiners and supervisors.

B. “Supervisory salaries” means the salaries and fringe benefits of recruiters, section or unit heads of all adult education programs that meet the definition of adult education in 8601-A.1.

C. “Clerical salaries” means the salaries and fringe benefits of all personnel involved in clerical activities that support adult education programs that meet the definition of adult education in 8601-A.1.

D. “Citizens’ advisory committee costs” means expenditures for:

(1) Travel for committee members excluding travel to committee meetings.;

(2) Salary for clerical personnel excluding committee members.;

(3) Supplies used in the operation of committee meetings; and

(4) Staff development activities for committee members.

E. “State-approved data collection system costs” means the costs of training and technical assistance for a unit’s, region’s or center’s State-approved data collection system.

F. “State assessment (non-high school equivalency assessment ) costs” means the costs of tests required under State assessment policy.

2. Prior Approval

A. Citizens’ Advisory Committee Costs

Expenditures in excess of $1000 in any fiscal year require prior approval from the Department of Education.

History

• STATUTORY AUTHORITY: Title 20-A MRS §8602
• EFFECTIVE DATE: June 21, 1979 (EMERGENCY)
• EFFECTIVE DATE: August 30, 1979
• EFFECTIVE DATE (ELECTRONIC CONVERSION): May 19, 1996
• AMENDED: February 4, 2008 – filing 2008-39
• AMENDED: December 11, 2016 – filing 2016-211

Chapter 222 Adult Career and Technical Education, and Workforce Training and Re-training, Cost Reimbursement

Code Me. R. 05-071 Ch. 222 Adult Career and Technical Education, and Workforce Training and Re-Training, Cost Reimbursement {#sec-05-071-ch.-222 omnilex-key=us-me-regs-official--dept-education-and-state-board-education--05-071 Ch. 222}

SUMMARY: This rule specifies the elements of adult career and technical education, and adult workforce training and re-training, costs for which school administrative units, regions and centers may claim reimbursement.

1. Conditions for Reimbursement

A. Adult career and technical education must meet the requirements below.

1. The organized educational activities must offer a sequence of courses that:

a. provides individuals with coherent and rigorous content aligned with challenging academic standards and relevant technical knowledge and skills needed to prepare for further education and careers in current or emerging professions;

b. provides technical skill proficiency, an industry-recognized credential, a certificate, or an associate degree; and

c. may include prerequisite courses (other than a remedial course) that meet the requirements set forth in this subsection.

2. The organized educational activities must include competency-based applied learning that contributes to the academic knowledge, higher-order reasoning and problem--solving skills, work attitudes, general employability skills, technical skills and occupation-specific skills, and knowledge of all aspects of an industry, including entrepreneurship, of an individual.

3. Instructional supplies used in adult career and technical education courses and for which reimbursement may be claimed means those supplies that fulfill the purpose of a specific instructional program and, during the teaching process, are actually consumed or worn out through use, or lose their identity through fabrication or incorporation into different or more complete units or substances. Instructional supplies do not include those items that result in a product or service for the student for which lab or materials fees may be assessed, or those items that result in a product or service for the school administrative unit, region or center. (Lab or materials fees should be assessed to cover activities resulting in a product or service for the student.)

4. School administrative units, regions and centers providing adult career and technical education programming and claiming reimbursement in accordance with 20-A MRSA, Chapter 315 must do so in a manner that will support existing co-operative regional arrangements for the delivery of adult career and technical education offerings.

B. Adult workforce training and re-training courses must serve learners in one or more of the following categories.

1. Preparatory adult learners are adults learning new skills in preparation for employment in a job or occupation that is new to them. These students must be enrolled in a planned personal program leading to progressive skill development for entry into the selected occupation.

2. Supplemental learners are adults pursuing courses or activities related to current full-time or part-time employment or wage earning activities. The usefulness of the course to the employment or wage earning activities must be clear and applicable.

3. Certificate learners are adults participating in a sequence of courses that provide individuals with the academic and technical knowledge and skills that individuals need to prepare for further education and careers in current or emerging employment sectors.

4. Reports

All programs applying for reimbursement of adult career and technical education or adult workforce training and re-training costs must file reports as required either by federal and state agencies or under 20-A MRSA, Chapter 315.

History

• STATUTORY AUTHORITY: Title 20, M.R.S.A., Chapter 308-A, Section 2386 and Section 2390; 20-A MRSA §8602
• EFFECTIVE DATE: June 21, 1979 (EMERGENCY
• EFFECTIVE DATE: August 30, 1979
• EFFECTIVE DATE (ELECTRONIC CONVERSION): May 19, 1996
• AMENDED: February 2, 2008 – filing 2008-40
• AMENDED: 05-071 Chapter 222 page 2

Chapter 225 Adult High School Completion Programs

Code Me. R. 05-071 Ch. 225 High School Completion {#sec-05-071-ch.-225 omnilex-key=us-me-regs-official--dept-education-and-state-board-education--05-071 Ch. 225}

1. Definitions

A. Adult High School Diploma Programs are secondary educational offerings leading to a high school diploma under the auspices of the local school department, approved by the State Department of Education according to procedures outlined in Section 2 of this Chapter, and operated in accordance with the provisions of Sections 2 and 3 of this Chapter. One component of the High School Diploma Program is the External Credit Option (ECO) defined as being individually planned and supervised by an instructor with mandatory student completion of related assignments; student completion of initial, periodic, and final testing; and a minimum of five student-teacher contacts.

B. A General Educational Development (GED) Program is authorized to test for and issue high school equivalency certificates to residents of Maine who meet the requirements set forth below. GED tests will be administered in accordance with Examiner's Manual, Tests of General Educational Development, GED Testing Service of the American Council on Education. The standards for issuance of high school equivalency certificates are set forth in section 4.

1. Issue. The Commissioner shall issue high school equivalency certificates to residents of the State who:

a. Are at least 18 years of age;

b. Are 17 years of age and have:

(1) a documented, immediate need; and

(2) written approval from the local superintendent or his designee;

2. Have not been in attendance for one year or more at a public school or a private school approved by a state department or accredited by a regional association of colleges and secondary schools; or

3. Have completed a formal training program as set forth in section 4(A)(2) which has been approved by the commissioner; and

4. Demonstrate through procedures prescribed by the Commissioner that they have attained a general educational development comparable to that of secondary school graduates.

The Commissioner shall issue the certificates required by this subsection upon completion of the requirements of this subsection or as soon thereafter as accessible.

1. Certificate status. Certificates shall have the legal status of high school diplomas.

2. Fees. The Commissioner may charge a fee sufficient to defray operating costs for a certificate. An honorably discharged or released veteran of the Armed Forces of the United States or a person judged by the Commissioner to be economically disadvantaged shall be exempt from payment of a fee. That fee shall be paid from the income of the Permanent School Fund.

3. Adult High School Diploma Guidelines

A. Local Education Agencies (LEA's) seeking approval to issue high school diplomas to adults and out-of-school youth will be required to submit a Diploma Program Plan in accordance with the following criteria prior to receiving approval. This Diploma Program Plan will be reviewed every five years in conjunction with the LEA's Adult Education Program Review. The Diploma Program Plan will include:

1. a statement of program philosophy approved by the local Board of School Directors or LEA governing body;

2. policies approved by the local Board of School Directors specifying total number of credits required, required subjects, and eligibility requirements;

3. a description of the grandfathering process used locally to address the number of credits required of persons born prior to October 15, 1970 if differentiation is made locally;

4. a description of the process used by the LEA to determine competency of diploma teachers deemed qualified to teach adults;

5. a description specifically addressing efforts to provide students with experiences in the areas of Fine Arts, Computer, Health, Consumer Economics, and Career Exploration/Personal Development; the nine required credits; utilization of the External Credit Option; counseling services; and records maintained;

6. a description of the local process for testing out;

7. a description of the process developed locally to determine the awarding of credits based on out-of-school experiences.

The DE shall approve Adult Education Diploma Programs based on plans which meet their criteria.

B. The course of study for adult students leading to a high school diploma is to include a minimum of sixteen (16) credits, such credits to include the following:

English: Four (4) credits in English to include reading comprehension; appreciation of literature; writing; listening and oral communication skills; the structure and uses of the English language; and research and reporting skills;

Social Studies: Two (2) credits in social studies, one(l) credit of which will be a comprehensive course in American History which includes instruction in government, the importance of voting, the privileges and responsibilities of citizenship, the Constitution of the United States and the Declaration of Independence; and one (1) credit which may include instruction in economics, geography, political science, history, government, sociology, anthropology, psychology, or career exploration/personal development;

Mathematics: Two (2) credits in mathematics which shall include addition, subtraction, multiplication, and division of whole numbers; fractions; decimals; percents; simple equations and formulas; measurement; ratios and proportions; graphing; and basic geometry concepts. Students demonstrating proficiency in these basic math skills may substitute Recordkeeping/Accounting for one math credit;

Science: One(l) credit in science instruction shall be required with laboratory study recommended.

Every effort should be made to provide students with experiences in the areas of Fine Arts, Computer, Health, Consumer Economics, and Career Exploration/Personal Development as their educational plans are being developed.

Of these sixteen (16) credits, a maximum of six (6) may be awarded for out-of-school experiences. For each credit required locally in excess of sixteen(16), an LEA may authorize one additional credit to be awarded through out-of-school experiences.

Persons enrolled in a Maine Adult Education Diploma Program prior to July 1, 1988, may graduate under the subject requirements in that Adult Education Diploma Program as they existed immediately prior to July 1, 1988. All students who first enroll in a Maine Adult Education Diploma Program after July 1, 1988 must meet the subject requirements of this subsection. Persons transferring from a Maine Adult Education Diploma Program in which they were enrolled prior to July 1, 1988, to another Adult Education Diploma Program within Maine shall maintain their "previously enrolled status.

C. Teachers are deemed qualified to teach adults either by holding current State of Maine teaching certificates or by demonstrated competency as determined by LEA developed criteria. This subsection may be superseded by rules adopted by the State Board of Education pursuant to 20-A MRSA Chapter 502, Certification of Education Personnel.

D. The adult student's individual program must be planned by the director or the director's designee as duly authorized LEA officials. Each person in a High School Diploma Program will have counseling services available. Student records must be maintained and will include the following:

1. a written description of the student's goals and objectives and the procedure by which the student plans to attain his/her goals.

2. academic records including any previous transcript;

3. documentation for credits received through work experience, testing out of courses, apprenticeship programs, volunteer programs, and any other information pertaining to the awarding of credits.

E. Each student will complete a minimum of forty-five (45) instructional hours for each credit pursued in the Adult Education Diploma Program with the exception of credits pursued through the External Credit Option.

F. Each course offered for credit will have a curriculum on file outlining minimum competencies as determined by the local education agency.

G. Each student's progress will be evaluated during and at the end of each course.

H. Credits based on participation in secondary school, business school, trade school or other educational programs approved locally may be accepted or awarded upon receipt and evaluation of transcripts or certificates.

I. No person will be awarded a high school diploma unless he/she has earned a minimum of one (1) credit through participation in a classroom or ECO learning experience offered by a Maine adult education program.

J. Provided "I" is met, students may be allowed to test out in a maximum of four (4) required and/or elective courses in which they feel competent.

K. Provided "I" is met, a maximum of six(6) credits may be awarded from the following out-of-school experiences. For each credit required locally in excess of sixteen (16), an LEA may authorize awarding one

(1) additional credit from the list below in accordance with locally developed criteria:

1. a maximum of two(2) credits from Correspondence Schools;

2. completion of a Maine State Apprenticeship Council approved apprenticeship program, the maximum number of credits to be established locally;

3. one (1) credit may be awarded for military service of not less than two (2) successive years resulting in an honorable discharge or separation; the military experience criterion also covers candidates who have spent a minimum of six (6) years in the National Guard or in the Reserves and who hold an honorable discharge;

4. one (1) credit may be awarded for three (3) consecutive years of work experience in no more than one occupation and two (2) credits for work experience of five (5) years or more in length in no more than two (2) occupations; military experience in excess of the criterion established in number three (3) above may be considered as work experience and may pertain to persons currently on active duty who are in good standing; homemaking experience based on independent living skills may be substituted for paid work experience using the work experience criterion; the maximum number of credits will be established locally;

5. one (1) credit may be awarded a person participating in a forty-five (45) hour volunteer work activity planned and supervised by the director or the director's designee; maximum number of credits will be established locally;

6. credit may be earned by a student through independent study; maximum number of credits will be established locally;

7. career exploration is a concept which allows diploma candidates to earn one (1) credit based on forty-five hours of observation/practicum experience in business, industry, institutions or agencies, maximum number of credits will be established locally.

8. External Credit Option

A. Local Educational Agencies (LEAs) in recognition of the scheduling hardships encountered by students 18 years of age or older relating to problems of time, costs, distance, or lack of child care, may seek authorization to become approved sites for the delivery of the External Credit Option. Conditions for site approval are as follows:

1. Each LEA must have in existence a State approved High School Diploma Program;

2. Each LEA must participate in a training session relating to the ECO process prior to site approval;

3. Each LEA must submit to the Division of Adult and Community Education an application for ECO approval; the form for this application is available through the Division of Adult and Community Education; notification of action taken will be made within 60 days of submittal. Items to be detailed are as follows:

a. State of need

b. Staff pre-service plan

c. Assurance that the Director and identified ECO staff have participated in an approved training session; for this purpose, approved is construed to mean offered through or approved by the Adult Education Staff Development Project; Directors without prior ECO training subsequent to initial site approval must attend an approved training session; a trained Director may provide in-house training to replacement staff after initial site approval

d. Curriculums to be adopted, adapted, or developed

e. Counseling, Testing, Reading Evaluation and Placement Plan

f. Sample student recordkeeping forms

g. Must agree to submit one-year follow-up plan to the Division of Adult & Community Education

4. Student eligibility for BOO will be:

a. minimum of 18 years of age and not enrolled in a public or private day school;

b. minimum of sixth grade reading level;

c. ability to work as a self-directed learner.

5. Student recordkeeping will include:

a. completion of the Personal Educational Plan by Director/Counselor with student and instructor input and periodic follow-up;

b. completion of the Curriculum Record Sheet detailing course activity and periodic follow-up;

c. student completion of course activity sheets for each credit with progress notation by both student and teacher.

6. Guidelines for adopting existing curricula and/or development of new curricula are as follows:

a. each curriculum will be based upon an anticipated range of student completion time of 45-60 clock hours;

b. a component of each curriculum will be a written statement of specific course goals, instructional objectives, materials, estimated completion time, and evaluation methods;

c. a second curriculum component will be a series of planned "learning experiences” which are specific experiences undertaken by the student during each credit course;

d. each student will receive blank activity sheets to record completion of assignments, time, and progress notation by both student and teacher;

e. a minimum of five student/teacher contacts will be required for each course credit;

f. designation of suggested time frame for completion of each credit is part of the Personal Educational Plan.

4. GED Guidelines

A. Requirements for issuance of diploma (High School Equivalency):

1. Minimum test scores: A standard score of 35 on each of the five tests and an average standard score of 45 on all five tests.

2. Minimum age: Must meet provisions of Title 20-A MRSA Section 257. A formal training program approved by the Commissioner is defined as:

a. A GED preparation course

b. A regular high school diploma course

c. Satisfactory results on the GED practice test

3. Fees:

The $20 fee or evidence of waiver must be presented before any testing is started.

The Commissioner judges that individuals who meet the following criterion will have these fees waived and those fees will be paid from the Permanent School Fund.

a. An honorably discharged veteran (with DD 214)

b. Meeting income guidelines to qualify for any Federal or State program of assistance as: AFDC, Food Stamps, Medicaid, Unemployment, Job Corp, Social Security, Incarcerated, and JTPA.

B. Records: The local testing center will be responsible to maintain and send to the State GED Office the following:

a. Permanent record cards (including failures and incompletes)

b. Fees or waivers (Waiver evidence must be kept on file locally)

c. These should be forwarded to the State GED Office within 30 days from the start of testing (record cards)

C. Requirements for retesting are to be decided upon on an individual basis.

History

• STATUTORY AUTHORITY: Title 20-A MRSA Sections 257 and 8602
• EFFECTIVE DATE: June 21, 1979 (EMERGENCY)
• EFFECTIVE DATE OF PERMANENT RULE: August 30, 1979
• AMENDED: July 1, 1988
• EFFECTIVE DATE (ELECTRONIC CONVERSION): May 19, 1996
• EFFECTIVE DATE (ELECTRONIC CONVERSION): APAO WORD VERSION CONVERSION (IF NEEDED) AND ACCESSIBILITY CHECK: July 15, 2025

Chapter 228 Standards for School-Based Child Care Services and Parenting / ChildDevelopment Education

Code Me. R. 05-071 Ch. 228 Standards for School-Based Child Care Services and Parenting and Child Development Education {#sec-05-071-ch.-228 omnilex-key=us-me-regs-official--dept-education-and-state-board-education--05-071 Ch. 228}

SUMMARY STATEMENT:

These rules will serve to define the standards for school based child care services and parenting and child development education and serve as a guideline to school administrative districts In the development and implementation of such programs.

I. SCOPE AND PURPOSE

The implementation of 20-A MRSA, 6651-6653, part of P.L. 1988, c.767, will provide minimum standards for school-based child care services and parenting and child development education for the purpose of:

A. Making it possible for student parents to continue attending or return to school;

B. Providing parenting education and training in child development for teenage parents;

C. Aiding teacher/school personnel recruitment and retention.

This shall be accomplished through a program which is:

A. Developmentally based;

B. Available on a priority basis first to children of students in the school administrative unit and second to children of teachers or other employees in the unit and

C. Includes training in parenting and child development for the student parents of the children in the program; to ensure quality and accessible child care services.

II. DEFINITIONS

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings:

A. SCHOOL-BASED. "School-based" means located on or adjacent to school premises.

B. PARENTING AND CHILD DEVELOPMENT EDUCATION.

"Parenting and child development education" means training for parenting and child development which includes both theoretical and practical instruction.

C. SAU. "SAU" means school administrative unit.

D. SCHOOL PERSONNEL, "School personnel" means, for the purpose of this chapter, all employees of the SAU except teachers.

E. DEVELOPMENTALLY-BASED. "Developmentally-based" includes predictable changes that occur in all domains of development: physical, emotional, social and cognitive. Individual appropriateness recognizes that each child is a unique person with an individual pattern and timing of growth, as well as an individual personality, learning style and family background.

F. TEEN PARENTS. "Teen parents" means, for the purpose of this chapter, those school-aged teens with dependent children.

G. SUBSIDIZABLE COSTS. "Subsidizable costs" means costs of providing services allowable under this chapter which are reimbursed under the School Finance Act of 1985.

H. DE. THE DEPARTMENT "DE" or "The Department" means Department of Education herein referred to as the Department.

I. DHS. "DHS" means Department of Human Services.

J. CHILD CARE PROVIDER. "Child care provider" means any qualified care giver, not an instructor, who is responsible for continuous care and supervision of dependent infants/children.

III. MANDATORY COURSE

A school administrative unit which provides child care services under 6651 shall offer a one-semester course in parenting and child development education to student parents.

IV. PROGRAM REQUIREMENTS

School-based child care services and parenting and child development education offered in accordance with Chapter 767, P.L. 1988, shall meet the following requirements:

A. COURSE REQUIREMENTS

1. Instructional Staff

Parenting and child development education courses shall be taught by individuals certified to teach in the areas of Consumer & Home Economics Education, Early Childhood Education or Vocational Child Care.

Note: See 20-A MRSA Chapter 502, Certification of Educational Personnel and DE implementing rules 115 and 115-A.

2. Curriculum

a. The curriculum shall provide for a minimum of one semester of theoretical and laboratory instruction in parenting and child development for the student parents of the children in the program.

b. The curriculum shall be developmentally based and provide for sequential instruction encompassing the stages of human growth and development physical, intellectual, social and emotional.

One example of a satisfactory curriculum may be found in DE Child Care Curriculum Guide which may be obtained from the office of the Vocational Child Care Consultant

c. The program shall provide for supervised teen parent/child interactions in conjunction with the parenting and child development curriculum.

d. Continued attendance or successful completion of a parenting and child development education program as described in Section III shall be a requirement for the receipt of child care services by the teen parent.

3. Materials and Resources

a. Instructional materials and resources shall be accurate in content and up-to-date to reflect current parenting/child development concepts and practices.

b. Instructional materials and resources shall be adequate in quantity and quality for the achievement of the prescribed curriculum objectives.

4. Child Care Providers

a. Must be a high school graduate or equivalent.

b. Must be at least 18 years of age.

c. Must meet minimum health requirements as promulgated in DHS Chapter 28, Rules for the Licensing of Day Care Homes.

d. Must have a minion of three years work experience in licensed day care/nursery school;

or

Possess appropriate credentials/license/ certification in pediatrics, early childhood, home economics, or elementary education.

5. Staff/Child Ratio for Child Care Services

a. At a minimum, the staff/child ratio identified in DHS Chapter 28, Rules for the Licensing of Day Care Homes shall be adhered to.

b. Within the context of this chapter, notwithstanding the requirements of paragraph 4 above, the teen parent may be counted as "staff" while providing care for his/her own child.

c. Within the context of this chapter, notwithstanding the requirements of paragraph 4 above, students, other than teen parents, enrolled in child care and development training programs may be counted as staff while on site at the child care services facility, provided that such students function under the direct supervision of a certified teacher.

6. Program Accessiblity: Written Policies

a. The program shall be available on a priority basis first to children of students in the school administrative unit and second to children of teachers or other employees in the unit; and

b. The school administrative unit shall enforce local school policies relative to admission, retention, dismissal and completion.

7. Record Keeping

The SAU shall adhere to the minimum requirements for record keeping as outlined in DHS Chapter 28, Rules for the Licensing of Day Care Homes Such records shall be made available for inspection by DE.

B. FACILITY AND EQUIPMENT REQUIREMENTS

1. Facilities

a. Facilities shall meet the minimum standards contained in DHS Chapter 28, Rules for the Licensing of Day Care Homes.

b. Facilities for child care services shall be on-site or adjacent to the school(s) which the teen parents attends.

c. Facilities shall meet all applicable Federal/ State/local requirements for health, sanitation, and safety.

2. Equipment Requirements

Equipment shall be sufficient to meet the objectives of the training program and shall be maintained in good condition.

V. FUNDING

A. Eligibility

Local costs of providing school based child care services and parenting and child development services identified in this chapter shall be identified as "program" costs for the purpose of computing State school subsidy under the School Financial Act of 1985.

In order for a program to be eligible for subsidy, the SAU shall demonstrate compliance with all provisions of this chapter as contained in sections III & IV.

B. Subsidy

1. Child Care Services for Teen Parents - are subsidized 100% on a per-child basis.

2. Child Care Services for Teachers and Other Employees - are calculated in accordance with a policy to be established by the local school board which determines the basis for participation. The SAU shall charge a fee for the provision of such services which is at least equal to the per-child cost defined in 20-A MRSA section, 6651-3.

C. No Cost to Parents

Parenting and Child Development Education There shall be no cost to student parents for parenting and child development education, and related child care services.

VI. PROGRAM ASSESSMENT

DE will collect information through systematic program reviews. Such reviews will serve as a basis for program evaluation and final reporting to the Education Committee in January of 1990.

Such information shall include, but not be limited to, the following:

A. Numbers served

Teen parents

School personnel

B. Numbers completed

dropped out

C. Participant evaluation

D. Fiscal impact

E. Program Compliance

VII. SUPERVISION AND TECHNICAL ASSISTANCE

A. The Department will supervise the conduct of schoolbased child care services and parenting and child development education programs.

B. The Department will make available technical assistance, where needed, to educational institutions and facilities to facilitate implementation and operation of such programs.

History

• STATUTORY AUTHORITY: 20-A MRSA §6653
• EFFECTIVE DATE: March 27, 1989
• EFFECTIVE DATE (ELECTRONIC CONVERSION): May 19, 1996
• EFFECTIVE DATE (ELECTRONIC CONVERSION): 05-071 Chapter 228 page 1

Chapter 229 Adult Education Fees

Code Me. R. 05-071 Ch. 229 Adult Education Fees {#sec-05-071-ch.-229 omnilex-key=us-me-regs-official--dept-education-and-state-board-education--05-071 Ch. 229}

SUMMARY: This rule provides clarification about the collection and utilization of fees in adult education programs.

1. Registration Fees

Registration fees may not be charged for general adult education participation but may be charged for specific course participation. Fees should not be set at a rate making them a barrier to participation.

Registration fees may be charged to students participating in:

1. Basic literacy instruction, including English Language Acquisition; and

2. High school completion courses.

3. Career and technical courses, college transitions and workforce training and re-training courses, that are not part of a student’s predetermined high school completion program; and

4. Enrichment courses.

2. Lab and Materials Fees

Lab and materials fees may not be charged for those students qualifying for and participating in federally funded basic literacy instruction, including English Language Acquisition, and high school completion programs. Unless otherwise waived under Section 3 of this rule, if lab and materials fees are charged they must be charged to all participants in the course.

Lab and materials feels may be charged in classes other than those noted above.

3. Fee Waivers

The use of local waivers or scholarships, from fees collected locally, may be utilized for providing financial aid to those in need.

4. Fee Utilization Pursuant to EDGAR 2 CFR 200.80

A. Fees collected from the operation of adult education programs shall be utilized to defray the cost of non-subsidizable expenditures incurred in the conduct of such programs, except that:

1. Fees that are used in support of subsidizable activities must be subtracted from the amount requested for subsidy;

2. Fees may not be utilized as part of the local share; and

3. Fees collected from the operation of enrichment courses and other non-subsidizable activities must be accounted for under separate and appropriate account codes that are distinct from accounts for subsidizable adult education courses.

5. Alternate Education

Alternate Education revenues collected through adult education for alternate education programming, as reported on the EF-M-39, must be subtracted from expenditures prior to calculating reimbursement for State adult education subsidy on the EF-X-132.

History

• STATUTORY AUTHORITY: Section 2388; 20-A MRS §§ 8602
• EFFECTIVE DATE: June 21, 1979 (EMERGENCY)
• EFFECTIVE DATE OF PERMANENT RULE: August 30, 1979
• AMENDED: October 14, 1986
• EFFECTIVE DATE (ELECTRONIC CONVERSION): May 19, 1996
• AMENDED: February 4, 2008 – filing 2008-44
• AMENDED: December 11, 2016 – filing 2016-212

Chapter 230 Adult Education Program Requirements

Code Me. R. 05-071 Ch. 230 Adult Education Program Requirements {#sec-05-071-ch.-230 omnilex-key=us-me-regs-official--dept-education-and-state-board-education--05-071 Ch. 230}

SUMMARY: This rule sets forth general adult education program requirements.

1. Requirements and Waivers for Students under Age 17 Who Have Withdrawn from School

Students who are under the age of 17 may enroll in adult education courses under the following conditions:

A. There must be agreement among the student, the Adult Education Director, the parent(s) or legal guardian of the student, the Individualized Education Program Team if the student is eligible for services under the federal Individuals with Disabilities Education Act (IDEA), the Superintendent, the High School Principal, and the local school board of the school administrative unit in which is located the legal residence of the student’s parent(s) or legal guardian that enrollment in an adult education program is an appropriate option for the student.

B. That agreement must be committed to writing, and kept on file in the student’s permanent file.

C. The criteria for enrollment in adult education courses set forth in Section 1, above are waived for students participating in enrichment courses that are not being taken for credit who are participating in those courses with their parent(s) or guardian. Participation of parent(s) may be waived by the local adult education director, if appropriate.

2. Course Outlines

At a minimum, a current course outline must be on file and available for review in the local adult education administrative office for each course offered by that local adult education program. In addition, a curriculum must be on file and available for review in the local adult education administrative office for every high school completion course offered by that local adult education program.

3. Teacher Requirements

Instructional staff must be certified or authorized to teach the adult education courses offered where certification or authorization is required, or, where certification or authorization is not required, must be determined to be competent to teach in accordance with criteria established by the school administrative unit, region or center.

History

• STATUTORY AUTHORITY: 20-A MRS §§ 8602
• EFFECTIVE DATE: June 21, 1979 (EMERGENCY)
• EFFECTIVE DATE OF PERMANENT RULE: August 30, 1979
• EFFECTIVE DATE (ELECTRONIC CONVERSION): May 19, 1996
• AMENDED: February 4, 2008 – filing 2008-45
• AMENDED: April 5, 2017 – filing 2017-056

Chapter 231 Vocational Program and Funding Procedure

Code Me. R. 05-071 Ch. 231 Vocational Program Approval Procedure {#sec-05-071-ch.-231 omnilex-key=us-me-regs-official--dept-education-and-state-board-education--05-071 Ch. 231}

SUMMARY: This chapter consolidates vocational program approval and funding policies and procedures.

1. General Approval

A. All state subsidized vocational instructional programs shall be approved by the State Board of Education prior to implementation.

B. Local Educational Agencies

1. An application from a local board of education for vocational education programs will be submitted to the Associate Commissioner of Vocational Education. The application will be reviewed by members of the State Board staff and appropriate action (approval, disapproval, or deferral) will be recommended to the Associate Commissioner of Vocational Education.

2. The following procedures for processing local applications for vocational programs, services, and activities shall be utilized:

a. The application shall be submitted by the local educational agencies.

b. Applications shall be submitted to the Associate Commissioner of Vocational Education.

c. Application shall be reviewed by the Associate Commissioner of Vocational Education.

d. Applications shall be verified by State staff consultants.

e. Decision for approval, disapproval, or deferral will be made by state staff consultants and Associate Commissioner of Vocational Education.

f. Any applicant dissatisfied with final action with respect to any application for funds shall be given reasonable notice and opportunity for a hearing.

1. Applicants shall be notified of their right to a hearing as a part of the notice of action taken upon their applications.

2. Hearings will be scheduled within thirty (30) working days from receipt of the request.

3. Hearings will be public and there will be a written record of the proceedings.

4. Hearings will be conducted by the Associate Commissioner or his delegate.

5. Decisions shall be submitted to the petitioners in writing within fifteen (15) working days from the date of hearing.

g. The local educational agency shall have the opportunity of submitting within thirty (30) days after notification of disapproval, a revised plan or part of a plan for vocational education.

C. The Criteria for Determining Relative Priorities of Local Applications shall be:

Factor I

1. The Department of Commerce and the Bureau of Census were contacted for information on the concentration of low income families. This information was used to determine the concentration of low-income families for each county of the State. The counties were identified with the highest number of low-income families to the lowest number of low-income families in numerical order and given a weighted value as to the number of low-income families in each county. This determined Factor I of the formula.

COUNTY FACTOR COUNTY FACTOR

01 Androscoggin 9.0 09 Oxford 9.9

02 Aroostook 16.3 10 Penobscot 9.9

03 Cumberland 7.9 11 Piscataquis 10.6

04 Franklin 9.0 12 Sagadahoc 10.8

05 Hancock 12.0 13 Somerset 12.1

06 Kennebec 7.8 14..Waldo 12.1

07 Knox 11.3 15 Washington 19.0

08 Lincoln 12.0 16 York 9.2

Factor II

2. The Department of Education requested from the Bureau of Taxation the State valuation of each town in the State of Maine. This figure was then divided by the number of pupils living in each town to determine the relative ability to pay. This information was then weighted so richer towns would receive a lesser value (amount) on the index scale. This determined Factor II of the formula.

PER PUPIL VALUATION FACTOR PER PUPIL VALUATION FACTOR

500,000 & Up 1 60,000 - 69,999 9

400,000 - 499,999 2 50,000 - 59,999 10

300,000 - 399,999 3 40,000 - 49,999 11

200,000 - 299,999 4 30,000 - 39,999 12

100,000 - 199,999 5 20,000 - 29,999 13

90,000 - 99,999 6 15,000 - 19,999 14

80,000 - 89,999 7 10,000 - 14,999 15

70,000 - 79,999 8 0 - 9,999 16

(Example)

*UNITS (L.E.A.)

Augusta

Valuation Pupils Per Pupil Valuation Factor I Factor II Total Factor

$274,700,000 3,934.0 $69,827.15 7.8 9 16.8

Caribou

Valuation Pupils Per Pupil Valuation Factor I Factor II Total Factor

$113,600,000 2,644.5 $42,957.08 16.3 11 27.3

*Each Unit (L.E.A.) is rated in the above manner for the entire State.

3. Funding allocations shall be determined by:

a. When proposals are approved, all of the total factors for each of the units are added together.

(Example)

Augusta 16.8

Bath 19.8

Biddeford 18.2

Caribou 27.3

Lewiston 18.0

SAD #46 -

Dexter 21.9

504.3 (Grand Total)

b. The amount of funds to be allotted to the program area (such as secondary, handicapped and disadvantaged programs) are divided by the total factors for each of the approved units.

(Example) $325,000 / 504.3 = 644.457

$325,000 Amount allotted for secondary

504.3 Grand total of factors

644-457 Common index

*This determines a common index for each program area.

C. The common index for each program area is then multiplied by the total factor of each unit (L.E.A.) requesting funds. (A dollar amount will be determined for each unit (L.E.A.) by following this procedure.)

(Example)

Augusta - 16.8 X 644 -457 = $10,826.87

Caribou - 27.3 X 644 -457 = $17,593.67

d. When RFP's are received for handicapped and disadvantaged programs, the request that serves the most students will be considered first.

D. Each secondary center or region requesting funding under the Basic. Grant shall certify annually that the following requirements have been met, are on file at the local level and are available for review on submission to State and federal agencies upon their request.

1. Budget estimates with supporting justification.

a. Actual annual budget costs for prior year operations.

b. A complete financial statement of amounts and sources of available funds for each instructional program and for the total vocational program.

2. Five year enrollment projections.

3. Five year construction and equipment needs projections.

4. Five year projections on vocational enrollments from private, non-profit schools for each instructional program.

5. Five year projections on vocational enrollments by students of limited English-speaking ability, by instructional program.

6. Documentation that representatives of other related educational and training resources within the geographical area served by the instructional programs have been involved in all five-year planning efforts.

7. Evidence that all vocational programs are conducted without discrimination.

8. Written vocational program educational objectives that can be readily evaluated.

9. Identification of other services or activities conducted in that vocational program.

10. For each instructional program, written objectives indicating that the program will prepare students for direct or related employment.

11. Evidence that active craft/advisory committees exist for each instructional program.

12. Evidence that instructional program objectives and curriculums are reviewed annually by its craft/advisory committees for relevance and currency.

13. Evidence that each instructional program has been evaluated each year and that program evaluation, commendations and recommendations are on file.

14. Evidence that a full, in-depth, self evaluation and an appraisal by a visiting team has been conducted every five years (may be correlated with and accepted by the Regional Accrediting Agency in lieu of).

15. A current equipment inventory record (processed by state computing agency).

E. Procedure for Adding a Instructional Program

1. Prepare an application using the justification Guide Sheet. (See Appendix A, Standard Criteria for the Approval of Vocational Education programs).

2. Submit completed application to the Secondary Vocational Associate Commissioner of the Bureau of Vocational Education.

3. All applications will be reviewed by the State staff of consultants and a recommendation for approval, disapproval, or deferral will be made to the State Board of Education.

F. Procedure for Dropping a Instructional Program

Any secondary vocational school having a occupational course with less than 10 high school students per section enrolled for two consecutive years shall take the following steps:

1. Establish a committee consisting of a representative from the office of the superintendent of schools,* the advisory or cooperative board, the principal, the vocational director, an instructor at the regional technical vocational center, and a representative of the sending schools.

For the purpose of:

a. reviewing the justification of program(s)

b. recommending either continuation, discontinuation, or a modification of the program(s)

2. Implement the recommendations of the study committee.

Decisions reached on the discontinuance of a course may be appealed to the Bureau of Vocational Education by any administrative unit responsible for a regional technical vocational center if it feels the decisions of the study committee are unjust.

*The representative from the superintendent's office applies only to the fourteen centers. In the eleven new regions this should be substituted with a representative from the superintendent's advisory committee.

(In the absence of compliance with number 1, the Bureau will take whatever action is necessary to insure efficient and effective programming).

G. (Amended) Procedure for Creating New Administrative Positions

When applying for approval of new positions other than regular classroom instructors, the following criteria should be met. This information should be submitted in conjunction with budget request:

1. Justification for new position.

2. Detailed description of duties and responsibilities included in the position.

3. Proposed salary for this position.

4. Qualifications of candidate for new position.

The normal process for implementation is to:

1. Develop the concept including the four considerations listed above.

2. Obtain local program and budget approval.

3. Submit to the Bureau for State approval.

H. Minimum Time Requirements for Vocational Programs

It is normal procedure to require vocational programs to be at least 45 to 55 minute periods in length five days per week for two years. However, this requirement may be waived when it can be met in different blocks of time. Requests for such waivers to the Bureau of Vocational Education should be accompanied by a detailed rationale for the proposed change.

2. Postsecondary Vocational Education

The general application procedure for vocational programs shall apply except that:

A. Whereas students attending VTI's come from all parts of the state and whereas the state has a high occurrence of families with below average income, the distribution of funds to the VTI system will be considered as one.

B. Joint program screening and approval process:

The Screening Committee is charged with the responsibility of guaranteeing against undesirable duplication, promoting joint program planning between the University (referring to any and all campuses of the University of Maine system) and the Vocational Technical Institutes (referring to any and all campuses of the Vocational Technical Institutes) and encouraging both institutions to share resources, facilities and staff, as appropriate.

The following approval procedures have been developed to carry out this responsibility.

1. When either the University or the Department of Education (hereinafter called Department) considers a new program, the respective University campus or Vocational Technical Institute site will complete an intention to plan.

a. The "Intent to Plan" form for less than baccalaureate, catalogued programs for the University is sent from the campus to the Vice Chancellor for Academic affairs. After review by the University Program Review Committee, the Vice Chancellor will send the Intent to Plan to the Screening Committee with comment, or if considered already," the Intent to Plan is returned to the campus (University) with an explanation for the action.

b. The "Intent to Plan" form for less than baccalaureate, catalogued programs for the Vocational Technical Institutes is sent from the campus to the Associate Commissioner for Vocational Education. After review by a meeting of the Vocational Technical Institute Directors and approval by the Associate Commissioner for Vocational Education, it is sent to the Screening Committee with comment, or if not considered "ready," the Intent to Plan is returned to the campus (Vocational Technical Institute) with explanation for the action.

2. Each "Intent to Plan" forwarded to the Screening Committee by the University or the Department will include a detailed transmittal letter indicating the specific recommendations of the Program Review Committee (University) or Directors (Vocational Technical Institute) developed in the initial screening process.

3. The Screening Committee acknowledges receipt of the "Intent to Plan" and forwards copies of the plan to all the campuses-University and Vocational Technical Institute -with a request for institutional reactions to the "Intent to Plan," within a three-week period of receipt of the copy of the Plan.

4. When an "Intent to Plan" is placed on the Screening Committee agenda for action, the person responsible for planning the program and any party that has a vested interest in the program or has any questions regarding the program may be invited to the Screening Committee meeting. All sessions are open. All business is recorded by a part-time secretary to the Committee who receives mutual support from the Department of Education and from the University of Maine.

5. The Screening Committee will meet three or four times a year on a published schedule and all requests for programs will be submitted to the Screening Committee forty-five (45) days prior to each Screening Committee meeting. Special meetings may be called by the ex-officio Screening Committee representatives in those special situations that require immediate action.

In each request, the Committee reviews and discusses the "Intent," written responses/reactions from other institutions, and all information relevant to the proposed plan for a new program. The Screening Committee determines whether or not the program meets the three criteria:

a. to guarantee against undesirable duplication;

b. to promote joint planning; and

c. to achieve a sharing of resources, facilities, and staff as appropriate.

If continued planning is approved, the Vocational Technical Institute or University campus is so notified in writing at the same time it receives a critique of the "Intent to Plan." If an "Intent" is not approved, an applicant agency can submit a written appeal to the two ex-officio members of the Screening Committee. They will jointly review the appeal and render a decision within ten (10) days of its receipt. In the instance they cannot reach agreement the problem will be forwarded to the Commissioner/Chancellor for review and action within thirty (30) days.

Once an "Intent to Plan" has been approved the applicant agency has three months to submit the proposal to the Screening Committee. The applicant agency can request one automatic extension (of three months) but if the completed proposal cannot be readied within a six-month period the Intent to Plan as approved is no longer in effect, and the University campuses and Vocational Technical Institute locations will be so notified.

A written record will be maintained and attached to the "Intent to Plan" as part of the file of the applicant institution. A copy of Screening Committee action will be sent to the applicant institution, as well as to offices of the Commissioner and the Chancellor.

6. The proposal, once developed, must be submitted directly to the Screening Committee for review and approval. In its proposal review it is a task of the Screening Committee to be assured that the document follows the recommendations offered as part of the critique of the Intent to Plan. Support of the proposal by the Screening Committee is contingent upon:

a. A full response to questions or issues raised by the Screening Committee; and

b. Detailed justification for the program.

7. The Screening Committee reports its action (acceptance, rejection, or referral for further action) with accompanying rationale to the Vice Chancellor or to the Associate Commissioner, with a copy to the institution submitting the proposal. In cases of acceptance the recommendations of the Screening Committee are sent by the Chancellor or Commissioner to the respective Board of either the Vocational Technical Institute or the University of Maine for their formal approval.

8. In the event that the applicant agency does not agree with the findings of the Screening Committee and agreement cannot be reached, than an appeal of the issue, with complete documentation, may be submitted to the Chancellor and Commissioner for resolve.

History

• STATUTORY AUTHORITY: PL 94-482 - MRSA, Title 20, Section 2356A, Section 2356G
• EFFECTIVE DATE: June 21, 1979
• EFFECTIVE DATE OF PERMANENT RULE: August 30, 1979
• EFFECTIVE DATE (ELECTRONIC CONVERSION): May 19, 1996
• EFFECTIVE DATE (ELECTRONIC CONVERSION): APAO WORD VERSION CONVERSION (IF NEEDED) AND ACCESSIBILITY CHECK: July 15, 2025

Chapter 232 Standard Criteria for Maine Secondary Vocational Programs

Code Me. R. 05-071 Ch. 232 Standard Criteria for Maine Secondary Vocational Programs {#sec-05-071-ch.-232 omnilex-key=us-me-regs-official--dept-education-and-state-board-education--05-071 Ch. 232}

Summary: This Chapter adopts Standard Criteria for Maine Secondary Vocational Programs (The text of this Chapter appears in the attached booklet). These rules detail minimum standards which must be adhered to by educational agencies in planning, implementing and evaluating vocational courses and programs. These standards will be used in conjunction with the Basic Program Approval process provided for in Chapters 125 and 127 and will also be used in course and program review and accreditation procedures.

These rules provide detailed guidelines and procedures to be used by local administrative units when planning, implementing and assessing local programs. Individual programs, whether vocationally subsidized or subsidized through general purpose aid identify the following requirements: scope, sequence, curriculum content, time, third party requirements, class size, facilities equipment and teaching materials, student organizations, safety, teacher certification, advisory committees, technical and assistance provided by the Department of Education. A comprehensive appendix provides guidelines for accreditation, -school approval, program review, special projects, sex equity, Methods of Administration (MOA), student screening and student services, student organizations and vocational assessments.

Page No.

Foreword i

Introductory Statement ii

Preface iii

Acknowledgments iv

Philosophy/Mission/Goals 1

Definitions 2

Procedure for Initial Approval of Secondary Vocational 6

Education Programs

Guidelines and Format For Preparing and Submitting a Program Proposal 7

Procedure for Making Substantive Change in an 11

Existing Secondary Vocational Program

Non-renewal or Revocation of Program Approval 12

Vocational Subsidized Programs 13

Program Criteria Agriculture 14

Allied Health Occupations 18

Business Education (Vocational) 23

Child Care 27

Computer Information Processing 31

Cooperative Education 35

Food Services 40

Marketing 45

Diversified Occupations (Special Needs) 49

Trade and Industry 53

Standards for Vocational Programs Funded Through General Purpose Aid 57

Agriculture 58

Business Education 62

Consumer and Home Economics Education 66

Grant-Eligible Programs 70

Technology/Industrial Arts Education 71

Appendix 75

A - Accreditation, School Approval, Program Reviews 76

B - Field Placements 77

C - Integrated Studies Approval (Chapter 127.13F) 79

D - Methods of Administration for Eliminating Discrimination 81

E - Sex Equity 82

F - Personnel Services for Students 83

G - Pro-vocational Education 85

H - Guidelines for Screening 86

I - Student Organizations 88

J - Vocational Assessment 89

FOREWORD

These vocational education program standards set forth the Department of Education, requirements for Maine's secondary vocational education courses of study. These standards were developed for department personnel, school administrators and instructors, and others who are responsible for Instructional and program management.

The underlying intent of these standards is to enhance secondary educational opportunities for all Maine's students by affording them access to quality vocational programs thus giving them a competitive edge as they prepare for their Life and career choices.

Maine's future economic vitality ties in its greatest natural resource Its people. Secondary vocational education is very much an integral part of that vitality.

Eve M. Bither

Commissioner

Maine Department of Educational and

Cultural Services

INTRODUCTORY STATEMENT

The ever flexing and changing needs of Maine's business and industrial community require Maine's educational system, as a whole, to realign itself as necessary to meet these emerging needs. The Department of Education, under the authority of the Maine State Board of Education, presents these standards for program approval, revision, and evaluation as keystones from which to maintain a viable and effective adult and secondary vocational education network throughout the State of Maine.

PREFACE

This document sets forth standards and procedures which govern vocational instruction at the secondary level in the State of Maine. These standards have been developed pursuant to the intent and Legal requirements set forth in Maine's revised statutes, Title 20-A, governing education and other state and federal regulations; e.g., P.L. 98-524 Carl Perkins Vocational Education Act, Section 504 of the Rehabilitation Act, Chapter 125 Regulations Governing Basic School Approval, and Chapter 127 Instruction Requirements and Graduation Standards of the Education Reform Act.

These standards must be adhered to by educational agencies in planning, implementing and evaluating vocational courses and programs. These standards mitt be used in conjunction with the Basic Program Approval process provided for in Chapters 125 and 127, and they also mitt be used in course and program review and accreditation procedures.

These standards mitt be reviewed annually by the Bureau of Adult and Secondary Vocational Education and modified appropriately to reflect necessary adjustments to deliver relevant occupational training in )faint's educational institutions.

This document sets forth program criteria. Following specific program listings is an appendix with general information and applicable requirements. The provisions of the appendix are part of the rules and are legally binding except where stated to be advisory or informational.

For further Information or assistance, contact the Department of Education, Director of the Division of Secondary Vocational Education, 23 State House Station, Augusta, Maine 04333.

ACKNOWLEDGMENTS

On behalf of the Department of Education, the Bureau of Adult and Secondary Vocational Education wishes to recognize the following individuals for their contributions in serving as members of the Steering Committee for the preparation of this document:

Vocational Administration:

Frank Lee (Instructional Support Group)

Consultant, Trade & Industrial Programs

Bureau of Vocational Education, DE

Richard Duntley, Director

Portland Regional Vocational Center

Linwood Turcotte, Director

Skowhegan Regional Vocational Center

Elwood Littlefield, Director

Vocational Region Four

Consumer and Home Economics:

Donna Muto, Department Head

Consumer and Home Economics Education

Mount Ararat School

Business Education:

Mike Fortunato, Department Head

Business Education

Cony High School

Health Occupations:

Reneva Smith, Coordinator

Secondary Health Occupations Education

Vocational Region Two

Home Economics Related Occupational Programs:

Natalie Mcfalls, Instructor

Mount Desert Island High School

Marketing:

David Berry. Instructor

Vocational Region Four

Cooperative Education:

Bruce Elder, Coordinator

Cooperative Education

Windham High School

Technology/Industrial Arts:

Richard Bray, Department Read

Industrial Arts Education

Oak Hill High School

John Kraljic, Instructor

Industrial Arts Education

Garland Street Middle School, Bangor

Neale Buck, Director

Presque Isle Regional Vocational Center

Agriculture:

Robert Rhodes, Director

Technical Division

University of Maine, Orono

Frank McElwain, President

Vocational Agriculture Teacher

Limestone High School

Handicapped:

Gunnel White, Cluster Coordinator

General Trades Programs

Portland Regional Vocational Center

Trade & Industrial:

Michael Kane, Counselor

Westbrook Regional Vocational Center

Vocational Guidance:

Chuck Hodge

Vocational Guidance/Student Services

Dexter Regional Vocational Center

State Principals Association:

Richard Sykes, Principal

Lewiston High School

State Superintendents' Association:

Dale Doughty, Superintendent S.A.D. #9

Mt. Blue High School

Project Chair:

Joan W. Jones, Consultant

Bureau of Adult & Secondary Vocational Education

Project Consulting Editor:

Richard Getchell, Associate Director Maine Principals' Association

Division of Secondary Vocational Education:

Donald Marchildon, Director

We also wish to give special recognition to Richard Duntley, Director of Portland Regional Vocational Center, and Fred St. Cyr, Director of Sanford Regional Vocational Center, for their efforts in the final editing of this document.

PHILOSOPHY

The State Board of Education believes vocational education is an integral component of the comprehensive secondary school and should be accessible to sit students. It also believes that the acquisition of academic skills is fundamental in the development of sound vocational skills. Interaction with community, business, and Industrial advisory groups is essential to assure the development of quality, comprehensive vocational programs to meet the needs of students with diverse interests, skills, and abilities. The opportunity for enrollment in vocational education should be extended to all individuals including those who have completed or discontinued their format education.

MISSION

The mission of Secondary Vocational Education in Maine is to provide programs and services for youth and adults that assure the acquisition of appropriate employment-related skills which, in turn, provide relevance to academic subject matter.

GOALS

1. To meet society's need for a skilled labor force,

2. To increase educational and career options available to each student,

3. To provide a competency-based method of instruction to assure the acquisition of employment-related skills and knowledge identified by practitioners,

4. To apply the fundamentals of written and, verbal communication, computational proficiency, and other rotated academic skills as integral parts of occupational instruction,

5. To provide Instruction which encourages and supports students in acquiring knowledge, skills, and attitudes relative to career decision making, life employment, and further educational training.

6. To ensure equal opportunity for mates and females in vocational duration programs, especially in programs nontraditional for their sex.

DEFINITIONS

Approval - Approval for programs and services to be operated by the school administrative units may be granted by the Division of Secondary Vocational Education, subject to review and approval by the Commissioner. Programs that are approved are eligible for subsidy.

Associate Commissioner - The designated head of the Bureau of Adult and Secondary Vocational Education whose function is the administration of adult and secondary vocational education programs.

Basic Skills - Infusion of instruction in the basic subjects within the vocational curriculum.

Bureau - The Bureau of Adult and Secondary Vocational Education within the Department of Education (DE) designated to administer and supervise the adult and secondary vocational education delivery systems.

Cart Perkins Vocational Education Act - P.L. 98-524 is the federal Law that sets forth all the requirements for qualification for and expenditures of federal funds for vocational education.

Center Cooperative Agreement - A cooperative agreement may be developed by the superintendents' advisory committee which shall delineate the duties and powers of the advisory committee and devise a formula for sharing costs. The agreement is subject to ratification by all of the school boards of the participating administrative units.

Center Director - The director shall serve as chief administrative officer of the center and its satellites and have all the authority and obligations of a secondary school principal in the school administrative unit operating the center.

CIP - Federal Classification of instructional Programs promulgated by the U.S. Office of Education. This code replaces the Dictionary of Occupations Titles coding promulgated by the U.S. Department of Labor.

Cluster Curriculum - Provides core skills and knowledges that cut across a group of closely related occupational areas.

Commissioner - The designated head of the Department of Education (DE) and executive officer of the State Board of Education.

Competency-Based Curriculum - A curriculum designed to focus on the student's ability to demonstrate understanding of concepts and principles and to perform the tasks and operations specified in Learning objectives.

Competency-Based Education - The concept that acquisition of pre-determined skills and knowledge rather than time is the determiner of achievement in a course or program.

Cooperative Agreement - A collaborative effort among special education, vocational rehabilitation, and vocational education for the delivery of appropriate vocational services to special populations.

Cooperative Board - The administrative body governing the operation of a vocational region made up of representatives of those school administrative units sending students to the vocational region in accordance with Title 20A, Section 8453 of the Maine Revised Statutes, Title 20-A.

Core Competencies - Minimum knowledge and skills needed for employment in a specific occupation.

Curriculum - The series of courses designed to cover the instruction in a designated area of study: may also be considered to be the whole body of courses or units of instruction offered in an educational institution.

Division of Secondary vocational Education - The division of the Bureau whose function is the administration and supervision of secondary vocational education.

Federal Funds - Funds made available to the State under provisions of P.L. 98-524 (Carl Perkins Act).

General Purpose Aid Programs - Consumer and home economics, business, technology education, and general agriculture programs which are under the aegis of the Division of Secondary Vocational Education but are administered by school administrative units and are subsidized the same as general education programs.

IVEP - individual Vocational Education Plan

Occupational Analysis - A format study of a recognizable occupation.

Program Advisory Committee - Each vocational program has a program advisory committee composed of active practitioners from the occupations, employers and employees, community representatives and past and present student representatives.

Program Consultants - The Division of Secondary Vocational Education has a staff of program consultants which serve to assist Centers and Regions in the development, review and evaluation of vocational programs; the consultants also provide technical assistance and Leadership to general purpose aid programs in consumer and home economics, business, technology education, and general agriculture programs.

Recognized Occupation - An occupation that is listed in the Dictionary of Occupational Titles or in the Standard Industrial Classification; or in the case of a new or unique occupation, one that is clearly defined and accepted by the Commissioner of Education.

Region Director - The chief administrative officer of a vocational region with responsibilities to serve as secretary and treasurer to the cooperative board; to nominate teachers and perform other duties similar to those of a superintendent if so designated by the cooperative board.

Regional Cooperative Agreement - An agreement delineating that vocational education shall be administered in its region. This agreement is to be maintained in accordance with Section 8457-2 of the Maine Revised Statutes, Title 20-A.

SAU's - School administrative units - local education agencies which are responsible for education programs in their respective communities.

Secondary Vocational Education - All the programs which establish the system for the delivery of vocational education by Vocational Centers and Regions, working within the regulations, procedures, and guidelines established by State and Federal taws and State Board policies. Additionally, those vocational programs of consumer and home economics, technology education (industrial arts), agriculture, and business education housed within comprehensive high schools fall within the scope and authority of vocational education.

State Board - The State Board of Education which sets the State education policies and overseas the operation of the education institutions of the State as empowered in Title 20-A, of the MRSA, subsection 405, Powers and Duties.

State Funds - Funds appropriated by the State Legislature or allotted by the State Board to be used for programs of vocational education meeting standards established by the State Board.

State Plan - A contract between the State Board of Education and the U. S. Office of education which is required by taw for the operation of vocational education programs using federal funds. (P.L. 98-524, Cart D. Perkins Vocational Education Act)

Vocational Center - An administrative unit designated to provide vocational education to secondary school students of a single school administrative unit and its affiliated school administrative units.

Vocational Center Advisory Committee - The committee which consists of the superintendent or the superintendent's representative and one member from each school board In the participating affiliated school administrative units that is responsible for coordinating vocational education for that Center.

Vocational Education - Education-to create or improve job related knowledge and skills which Is part of a secondary school curriculum.

Vocational Program - A vocational offering which meets the standard criteria for such a program.

Vocational Region - An administrative unit designated to provide vocational education to secondary school students within a geographic area established in accordance with Section 8451 of the Maine Revised Statutes. It is governed by a Cooperative Board in accordance with section 8452.

Vocational Satellite Program - A vocational program which is administered by a school administrative unit affiliated with a Center, under the direction of the Center Director, and which is located at a site away from the Vocational Center.

Procedure For Initial Approval of

Secondary Vocational Education Programs

1. The school administrative unit shall develop a proposal which adheres to the guidelines set forth in this chapter. No program may be offered before it is approved by the Commissioner of the Department of Education.

2. The proposal must be submitted to the Associate Commissioner of Adult and Secondary Vocational Education for review. The Associate Commissioner shall recommend approval, approval with conditions, or disapproval to the Commissioner. The Commissioner's decision on the proposal shall be final.

3. The school administrative unit or vocational region may appeal an adverse decision to Superior Court within 30 days from the receipt of the decision in the manner set forth in 5 MRSA section 11001 et seq.

4. The duration of the program approval shall be coordinated with the school's 5-year cycle of basic school approval.

5. This section shall only apply to programs offered on or after the effective date of this chapter.

GUIDELINES AND FORMAT FOR PREPARING AND SUBMITTING A PROGRAM PROPOSAL

Each item identifies information required when requesting approval to offer an occupational course using vocational education funds.

1. NAME OF LOCAL EDUCATION AGENCY SUBMITTING PROPOSAL

A. Title of proposed program/course

B. CIP Number

II. JUSTIFICATION FOR OFFERING THE COURSE/PROGRAM

A. Employment opportunities

1. Local survey (interpret and summarize the results)

2. Federal/State statistics (conclusions drawn)

B. Student needs

1. Occupational preference survey (interpret and-summarize the results)

2. Students to be served

III. ORGANIZATION OF COURSE/PROGRAM

A. General Requirements

1. Application must indicate compliance with this document and the following

Public Laws and DE regulations as stated In

a. P.L. 95-524 (Cart Perkins Vocational Education Act)

b. Title 20-A MRSA and DE implementing rules Chapter 125 and 127 of the Education Reform Act

c. Title VI of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, and Section 504 of the Rehabilitation Act of 1973. Also, vocational education program guidelines for eliminating discrimination and dental of services on the basis of race, color, national origin, sex and handicap (1979) (Appendix D and Appendix E)

d. P.L. 94-142 (Special Education)

e. Other subsequent or applicable acts

2. Applications which utilize field-based training must be in compliance with all state and Federal Labor laws and all applicable civil rights and affirmative action legislation affecting schools and employers. References: "Guidelines for Job Training Programs," Maine Dept. of Labor, Bureau of Labor Standards; "Jobs and Youth: # Guide to Laws, Regulations, and Resources in Maine," Dept. of Manpower Affairs; and "Field Placements" in Appendix A of this publication

3. Proposals must reflect compliance with all applicable safety laws and regulations.

4. Facilities must be in accordance with State Board of Education School Building Construction Rules

B. Length of course - number of weeks/number of hours/periods per week; total number of hours or core competencies equivalent

C. Grade placement of enrollees

D. Number to be served

E. Description of curriculum content including local minimum core competencies and State curriculum guidelines

F. Student organizations to be offered

IV. PROGRAM PLANNING

A. Who was involved?

B. Local endorsements including approval dates

1. School Board(s) or Cooperative Board

2. Center Advisory Committee

3. Program Advisory Committee

4. Other

V. FACILITIES

A. Description of facilities needed or to be used

B. Compliance with School Building Construction Rules

C. Accessibility

VI. EQUIPMENT

A. List major equipment

1. to be purchased

2. to be utilized (source)

VII. TOTAL EQUIPMENT AND OPERATING COSTS

A. Equipment

B. Estimate total annual operating cost

1. Salaries and fringe benefits

2. Supplies

3. Maintenance

4. Equipment rental

5. Texts and instructional materials

6. Staff development and training

7. other

VIII. QUALIFICATIONS NEEDED BY THE TEACHER

A. Licensing and Certification requirements

1. Application must indicate the Licensing and certification requirements necessary for the instructors of the proposed program as outlined in program approval standards in this publication.

IX. CRITERIA TO BE USED FOR THE SELECTION OF ENROLLEES

(See the Guidelines for Screening in Appendix 1)

X. PROGRAM ADVISORY COMMITTEE

A. List names and organizations represented

B. List dates of meetings and summarize results

C. Describe how the Advisory Committee wilt be used in the future

XI. PROCEDURES FOR PROGRAM EVALUATION

XII. SUBMISSION OF PROGRAM PROPOSALS

A. The proposal shall be submitted to the Associate Commissioner of Adult and Secondary Vocational Education for review. The Associate Commissioner shall recommend approval, approval with conditions, or disapproval to the Commissioner. The Commissioner's decision on the proposal for changes shall be final.

B. The school administrative unit or vocational region may appeal an adverse decision to Superior Court within 30 days from receipt of the decision in the manner set forth in 5 MRSA, Section 11001 et seg.

PROCEDURE FOR MAKING SUBSTANTIVE CHANGE IN AN EXISTING

SECONDARY VOCATIONAL PROGRAM

1. The school administrative unit or vocational region shall develop a proposal which identifies changes to be made in the program as initially approved. The proposal shall include justification for the changes.

2. The proposal shall be submitted to the Associate Commissioner of Adult and Secondary Vocational Education for review. The Associate Commissioner shall recommend approval, approval with conditions, or disapproval to the Commissioner. The Commissioner's decision on the proposal for changes shall be final.

3. The school administrative unit or vocational region may appeal an adverse decision to Superior Court within 30 days from receipt of the decision in the manner set forth in 5 MRSA section 11001 et seq.

NON-RENEWAL OR REVOCATION OF PROGRAM APPROVAL

1. If the Commissioner determines, after due notice and opportunity for hearing, that a program is not in compliance with the provisions of this chapter, the Commissioner may withhold state subsidy from the school administrative unit or the school administrative units belonging to a vocational region. The withholding shall continue as long as necessary to achieve compliance.

2. If compliance cannot be obtained by withholding subsidy payment, or if with-holding would be an inappropriate remedy, the Commissioner may refer the matter to the Attorney General for action.

3. Nothing in this section precludes the Commissioner from employing other penalties authorized in Title 20-A of the MRSA or required by Federal law.

VOCATIONAL SUBSIDIZED PROGRAMS

Programs in this section of the document include those funded under vocational education subsidy. They focus on competency development for trade specific or rotated employment and provide a foundation for continued education and training.

STANDARD CRITERIA FOR THE APPROVAL OF AGRICULTURAL EDUCATION PROGRAMS

I. SCOPE

A. Agricultural education should provide for a comprehensive program of instruction which is continuous, sequential, and specific. Vocational agricultural programs must reflect the needs of the emerging agricultural industry and represent a balanced combination of the traditional and newly discovered advancements in science and technology. It must present itself as a dynamic and changing educational delivery system which is cognizant of progress in the agricultural industry. Objectives should be developed with an emphasis on agribusiness/agriscience skills. The development of these skills should include both traditional and innovative approaches to teaching, including experiential activities, basic, career, and life skill development, and other applied techniques. Such programs should take into consideration the various abilities, interests, skills, and backgrounds of students Interested in pursuing a career in agriculture/agribusiness and should reflect current science and technology findings. The major program objectives for agricultural education are as follows:

1. to develop competencies needed to engage in agricultural production occupations

2. to develop competencies needed to engage in agricultural business-related occupations

3. to develop an awareness of career opportunities for males and females in agriculture/agribusiness and the preparation needed for entry and progression in those occupations

4. to encourage participation in short-term cultural enrichment courses which provide knowledge and insight into agricultural education as it impacts upon the world's social and economic needs

5. to provide students with a broad-based foundation of knowledge and skills which enable students to enter postsecondary education

6. to provide students an opportunity to develop an understanding of, and appreciation for, the scientific principles and technology of agriculture and to encourage and assist them in the application of this knowledge

II. SEQUENCE

A. Vocational agricultural programs at the secondary Level must be designed in accordance with the standards of the occupation they represent, and be of sufficient length in time to assure the acquisition of entry-level skills for their participants.

Programs shall be developed and maintained in response to employment opportunities, and utilize a current field validated occupational analysis as its curriculum design base. An individual student's course of study may be flexible but must be directed to previously identified career objectives in a manner that leads to progressive skill and knowledge development and toward individual career objectives.

Vocational agricultural programs shall include both classroom and laboratory experiences. Field experiences may be utilized as all, or part of, the laboratory requirement.

B. Supervised Occupational Experience Program

Occupational experience programs should be continuous and of such nature and duration as to provide the experience necessary to meet the student's occupational objectives. Supervised occupational experience is an integral part of the vocational agriculture program that allows students to become actively involved in tasks performed by people in agricultural occupations.

III. CURRICULUM

Chapter 125.04 of the Basic School Approval Rules states that each school must have a written curriculum. The curriculum must reflect a comprehensive plan for continuous, sequential and specific instruction.

A. Content

1. Each program offered in agricultural education may reflect the following subject areas:

a. Agricultural science and technology

b. Horticulture

c. Forestry and Conservation

d. Agricultural Resources

e. Agricultural Mechanics

f. Environmental Science

g. Agribusiness (marketing, supplies, products, etc.)

h. Production Agriculture

i. Animal Sciences

j. Landscaping

k. other agricultural areas as identified by the school and community

B. Time Requirements

Agriculture and natural resources vocational education programs shall provide for a minimum of 350 hours of instruction per school year. Programs or career objectives for less than 350 hours per school year may be approved upon application and Justification to the Bureau of Adult and Secondary Vocational Education. Actual hours of instruction for each student will be determined by the individual's ability to meet basic core competencies as identified in the approved competency-based curriculum. ALL third party time and task requirements will be adhered to as per their statute and regulations.

C. Third Party Requirements

The program shall be in compliance with all applicable State and Federal regulations including facility and personnel licensing requirements.

IV. CLASS SIZE

The maximum number of students in a program will be governed by the size of the facility as set forth in the State Board of Education School Building Construction Rules, Chapter 061, will vary depending on the potential hazard the use of equipment presents, the type of instruction necessary, the size of the instructional area and the number of work stations available. Minimum enrollment figures shall be established at the time of program approval and must be maintained in order to ensure continuation of the program. Students who are identified as disadvantaged or handicapped may require special services when in regular classes as determined by an I.V.E.P.

V. FACILITIES

Facilities shall be in compliance with the space requirements identified in the State Board of Education's School Building Construction Rules, Chapter 061, with national, state and local health and safety codes and Chapter 125, Regulations Governing Basic School Approval.

VI. EQUIPMENT/TEACHING MATERIALS

Equipment needs may vary from program to program; however, equipment will represent that which is currently used within the occupation. Equipment must be maintained in proper and safe working condition at all times. Sufficient funds for teaching materials and the maintenance of equipment will be budgeted each year. A plan for regular equipment maintenance and repair shall be developed.

VII. STUDENT ORGANIZATIONS

Student organizations, sanctioned by the U. S. Office of Education, are viewed as ongoing integral components of vocational education programs. Each vocational program is encouraged to provide students with the opportunity to participate in student Leadership development activities. The designated student organization for agriculture and natural resources education is (FFA) Future Farmers of America.

VIII. SAFETY

A. The program shall be in compliance with all applicable federal/state/local safety regulations.

B. Each program shall develop a written safety plan which is in accordance with the overall school/building safety plan.

IX. TEACHER CERTIFICATION

Progress must identify Licensing and certification requirements necessary for the instructor of each proposed program. individual instructors must be certified in accordance with Title 20-A, MRSA, Chapter 502 and DE implementing rules (Chapters 113, 114, 115, 115A, 116, 118A) in the subject areas to be taught.

It is the responsibility of the teacher to obtain and maintain Maine certification. Teachers should contact their Local superintendent's office or the support team for information concerning certification.

X. ADVISORY COMMITTEE

Each program shall establish and maintain an active advisory committee with representation from the broad scope of the industry and community.

XI. TECHNICAL ASSISTANCE

Technical assistance will be provided by the Agriculture and Natural Resources Consultant.

STANDARD CRITERIA FOR ALLIED HEALTH OCCUPATIONS

I. SCOPE

Health occupations render supportive services to the health professions - e.g. nursing, medical, and dental. Employment in this discipline is available in a wide variety of settings, including health care facilities, community health agencies, professional offices and clinics.

Programs in allied health occupations shall be of sufficient duration to provide students with the knowledge and skills required at the job-entry Level.

II. SEQUENCE

Courses shall be scheduled progressively according to their complexity. Entrance into advanced or specialized courses shall require satisfactory completion of basic or "core" courses offered earlier in the program.

III. CURRICULUM

Chapter 125.04 of the Basic School Approval Regulations states that each school shall have a written curriculum. The curriculum shall reflect a comprehensive plan for continuous, sequential and specific instruction.

A. Cluster Curriculum -includes an integrated foundation of knowledge and skills essential to allied health occupations as wall as exposure to a variety of career options in the allied health field.

The cluster curriculum way lead to the specialty curricula based upon the student's career objective or to an integrated approach utilizing the core curriculum taught in conjunction with a specialty area.

B. Specialty Curricula - includes training which provides knowledge and skills required of entry level workers in a specified health occupation. Examples may be found in the curriculum guide available from the Bureau of Adult and secondary Vocational Education.

C. Content

1. Philosophy and Objectives

Each program shall be developed around a statement of philosophy which Is consistent with the philosophy of the vocational center or region.

2. Conceptual Framework

The conceptual framework for the curriculum shall reflect the philosophy of the educational program and shall be relevant to the objectives of the program.

3. Entry-Level Competencies

Entry-level competencies shall be in place for each health occupations course and shall reflect the philosophy and objectives of the educational program.

4. Selection of Learning Experiences

Learning experiences and methods of instruction shall be selected by the program instructors to most effectively accomplish the stated competencies for each program.

Each course shall include planned, supervised clinical experience as a required part of the educational program. This experience shall be supervised by a qualified clinical instructor to ensure that the experiences are educationally oriented and appropriate to meet student objectives. State and Federal certification requirements shall be met.

5. Correlated Supervised Clinical Practice

a. Correlated supervised clinical practice shall be an integral component of the allied health occupations program.

b. Only accredited/licensed/certified health care agencies, institutions or private practice settings, shall be selected for clinical sites to be utilized by the program.

c. There shall be a written contractual agreement renewed annually between the school and each cooperating clinical facility utilized by the program.

d. All students and instructors participating in the clinical experience phase of the health occupations program shall be insured for malpractice liability.

e. Duration of the clinical experience shall be determined by the nature and complexity of the specialized skills to be attained and shall be in accordance with all applicable State/Federal regulations including those promulgated by the Department of Labor, the State Board of Nursing, the Department of Human Services, and the Department of Education.

f. The SAU, in cooperation with clinical facilities, will develop guidelines for student and instructor attire.

g. Students and instructors must meet the health requirements of cooperating clinical agencies.

6. Instructional Materials and Resources

Instructional materials and resources shall be accurate in content and reflect current concepts and practices of the health care industry; the quantity shall be sufficient to meet curriculum and student needs; they shall be updated periodically.

D. Organization and Management

The curriculum shall be organized to provide sit students with the necessary knowledge, skills and behaviors required for entry level employment in the selected field within the legally defined scope of practice.

The program will ensure that all students are provided with equal learning and placement opportunities.

E. Scheduling and Minimum Time Requirements

1. Core Curriculum

A minimum of 350 hours shall be provided for each year of an allied health occupations program encompassing the core curriculum and including a specialty curricula on a career objective basis. Actual hours of instruction for each student will be determined by the individual's ability to meet basic core competencies as identified in the approved competency-based curriculum. All thirdparty time and task requirements wilt be adhered to as per their statutes and regulations.

2. Specialty Curricula shall be scheduled for a minimum of 150 hours.

3. Other

Short-term courses may be offered to meet specified needs of students and/or the industry. They must be justifiable through the Local application section and meet all state and federal guidelines and requirements.

F. Third Party Requirements

The program shall be in compliance with all applicable state and federal regulations including facility and personnel Licensing requirements.

IV. CLASS SIZE

Teacher/student ratios

A. Classroom - 1 to 25

B. Laboratory - 1 to 16

C. Clinical - 1 to 8 recommended, 1 to 10 maximum allowable

V. FACILITIES

Facilities shall be in compliance with the space requirements identified in the State Board of Education School Building Construction Rules, Chapter 061, with national, state and local health and safety codes and Chapter 125, Regulations Governing Basic School Approval.

VI. EQUIPMENT/TEACHING MATERIALS

Equipment needs may vary from program to program; however, equipment will represent that which is currently used within the occupation. Equipment must be maintained in proper and safe working condition at all times. sufficient funds for teaching materials and the maintenance of equipment will be budgeted each year. A plan for regular equipment maintenance and repair shall be developed.

VII. STUDENT ORGANIZATIONS

Student organizations, sanctioned by the U. S. Office of Education, are viewed as ongoing integral components of vocational education programs. Each vocational program is encouraged to provide students with the opportunity to participate in student leadership development activities. The designated student organization for allied health occupations is Health Occupations Students of America (HOSA).

VIII. SAFETY

A. The program shall be in compliance with all applicable federal/state/local safety regulations.

B. Each program shall develop a written safety plan which is in accordance with the overall school/building safety plan.

IX. TEACHER CERTIFICATION

Programs must identify licensing and certification requirements necessary for the instructor of each proposed program. Each instructor must be certified in accordance with Title 20-A, MRSA, Chapter 502 and DE implementing rules (Chapters 113, 114, 115, 115A, 116, 118A) in the subject area to be taught.

It is the responsibility of the teacher to obtain and maintain Maine certification. Teachers should contact their local support system for information concerning certification.

Additionally, health occupations teachers must meet State Board of Nursing regulations for teaching and supervising unlicensed nursing personnel.

X. ADVISORY COMMITTEE

Each program shall establish and maintain an active advisory committee with representation from the broad scope of the industry and community.

XI. TECHNICAL ASSISTANCE

Technical assistance wilt be provided by the Health Occupations Education Consultant.

STANDARD CRITERIA FOR BUSINESS EDUCATION

(Vocationally Funded)

1. SCOPE

Business education is a broad comprehensive discipline. The instructional program encompasses primarily: (1) knowledge, attitudes, and skills needed by all citizens to manage effectively their personal business needs; (2) understanding of the American business and economic system; and (3) vocational knowledge and skills needed for entry-level employment and advancement in business careers.

The responsibility of vocational business education programs is to educate students for meaningful employment in business and office occupations as well as for post-secondary studies.

The major objectives of business education are:

A. To develop professional attitudes and skills for gainful and meaningful employment, including unique and emerging occupations.

B. To provide students with meaningful experiences for acquiring the knowledge necessary to succeed in business and office occupations.

C. To offer courses that serve as the basis for post-secondary studies.

II. SEQUENCE

The vocational business education program of study wilt be comprehensive and shall include one or more of the prescribed occupations which are:

 Executive/Administrative Assistant

 Office Occupations

 Business Administration

Courses of study shall include:

A. Executive/Administrative Assistant

Grade 11

Advanced Typewriting Applications

Accounting I

Shorthand I

Grade 12

Advanced Shorthand or Machine Transcription

Office systems and Procedures

Computer Applications

B. Office Occupations

Grade 11

Advanced Typewriting Applications

Office Technology

Accounting I

Grade 12

Automated Accounting

Office Systems and Procedures

Computer Applications

C. Business Administration

Grade 11

Accounting I

Management/Economics

Computer Applications

Grade 12

Automated Accounting

Low

Business Administration Techniques and Practices

Pre-requisites for vocational business programs:

Keyboarding

Computer Proficiency

Applications for unique programs wilt be considered by the Bureau of Adult and Secondary Vocational Education.

III. CURRICULUM

Chapter 125.04 of the Basic School Approval Regulations states that each school shall have a written curriculum. The curriculum shall reflect a comprehensive plan for continuous, sequential, and specific instruction.

A. Scheduling Requirements

1. Program offerings must be in block format (consecutive periods).

B. Time Requirements

Business vocational education programs shall provide for a minimum of 350 hours of instruction per school year. Programs or career objectives for less than 350 hours per school year may be approved upon application and justification to the Bureau of Adult and Secondary Vocational Education. Actual hours of instruction for each student will be determined by the individual's ability to meet basic core competencies as identified in the approved competency-based curriculum. All third party time and task requirements will be adhered to as per their statute and regulations.

C. Third Party Requirements

1. The program shall be in compliance with all applicable state/federal regulations including facility/personnel licensing requirements.

IV. CLASS SIZE

The maximum number of students in a program will be governed by the size of the facility as set forth in the State Board of Education School Building Construction Rules, Chapter 061, and will vary depending an the potential hazard the use of equipment presents, the type of instruction necessary, the size of the instructional area and the number of work stations available. Minimum enrollment figures shall be established at the time of program approval and must be maintained in order to ensure continuation of the program. students who are identified as disadvantaged or handicapped may require special services when in regular classes as determined by an I.V.E.P.

V. FACILITIES

Facilities shall be in compliance with the space requirements identified in the State Board of Education School Building Construction Rules, Chapter 061, with national, state and local health and safety codes and Chapter 125, Regulations Governing Basic School Approve(.

VI. EQUIPMENT/TEACHING MATERIALS

Equipment needs may vary from program to program; however, equipment will represent that which is currently used in business and industry. Equipment must be maintained in proper and safe working condition at all times. Sufficient funds for teaching materials and the maintenance of equipment will be budgeted each year. A plan for regular equipment maintenance end repair shall be developed.

VII. STUDENT ORGANIZATIONS

Student organizations, sanctioned by the U. S. Office Of Education, are viewed as ongoing integral components of vocations( education programs. Each vocational program is encouraged to provide students with the opportunity to participate in student leadership development activities. Designated student organization for business education Is Future Business Leaders of America (FBLA).

VIII. SAFETY

A. The program shall be in compliance with all applicable federal/state/local safety regulations.

B. Each program shall develop a written safety plan which is in accordance with the overall school/building safety plan.

]X. TEACHER CERTIFICATION

Programs must Identify licensing and certification requirements necessary for the instructor of each proposed program. 'Each instructor must be certified in accordance with Title 20-A, MRSA, Chapter 502 and DE implementing rules (Chapters 113, 114, 115, 115A, 116, 118A) in the subject area to be taught.

It is the responsibility of the teacher to obtain and maintain Maine certification. Teachers should contact the superintendent's office or their local support system for information concerning certification.

X. ADVISORY COMMITTEE

Each program shall establish and maintain an active advisory committee with representation from the broad scope of business, industry, and community.

XI. TECHNICAL ASSISTANCE

Technical assistance will be provided by the Business Education Consultant.

STANDARD CRITERIA FOR VOCATIONAL CHILD CARE PROGRAMS

I. SCOPE

This instructional program prepares individuals for occupations in child care and guidance, foster care/family day care, and teacher assistance. (When employed in these areas, the individual will be under the supervision of professional personnel.) It includes instruction in child growth and development; nutrition; program planning and management; safety and behavior guidance; recreational and play activities; child abuse and neglect; special needs children; interpersonal relationships; laws, regulations, and policies relating to child care services; maintenance of children's environments; preparation for employment, and career and professional development.

II. SEQUENCE

Vocational child care programs shall be offered for the Length of time necessary to provide trainees with the necessary skills and knowledge required at the job entry level. Supervised laboratory experience shall be an integral part of the course or program. These courses may be offered to in-school youth or out-of-school youth and adults and are designed to prepare individuals for employment.

III. CURRICULUM

Chapter 125.04 of the Basic School Approval Regulations states that each school shall have a written curriculum. The curriculum shall reflect a comprehensive plan for continuous, sequential and specific instruction.

A. Content

Vocational child care programs shall be designed in accordance with the standards of the occupation in order that an individual may enter and advance within the occupation. The State Curriculum Guide for Vocational Child Care is available from the Consultant for Vocational Child Care programs.

Content for all programs shall be derived from a validated occupational analysis.

Curriculum content shall be revised periodically with input from the program's advisory committee to assure that the program is updated to meet changing labor market, technology, and worker requirements.

B. Scheduling and Minimum Time Requirements

Courses may be scheduled to meet the needs of individual programs, but 60% of the time must include lab or lab-related experiences and total course time must be at total 350 hours yearly. Actual hours of instruction for each student will be determined by the individuals ability to meet basic core competencies as Identified In the approved competency-based curriculum. All third party time and task requirements will be adhered to as per their statute and regulations.

Two-year programs are highly recommended to provide additional opportunities for advanced laboratory work and community-based work experiences, development of more advanced management skills and entrepreneurship training.

C. Third Party Requirements

The program shall be in compliance with all applicable state/federal regulations including facility/personnel licensing requirements.

D. Vocational child core programs-shall, in all cases, meet the minimum standards for licensed family day care as promulgated by the Department of Human Services.

IV. CLASS SIZE

The maximum number of students in a program wilt be governed by the size of the facility as set forth in the State Board of Education Building Construction Rules, Chapter 061, will vary depending on the potential hazard the use of equipment presents, the type of instruction necessary, the size of the instructional area and the number of work stations available. Minimum enrollment figures shall be established at the time of program approval and must be maintained in order to ensure continuation of the program. Students who are identified as disadvantaged or handicapped may require special services when in regular classes as determined by an I.V.E.P.

The maximum number of pre-schoolers to be accepted in the laboratory nursery school shall not exceed sixteen (16) per session and in no case shall exceed two (2) pre-schoolers to each vocational student.

V. FACILITIES

Facilities shall be in compliance with the space requirements identified in the State Board of Education School Building Construction Rules, Chapter 061. with national, state and local health and safety codes and Chapter 125, Regulations Governing Basic School Approval.

In addition, the minimum standards for licensed day care facilities must be met.

VI. EQUIPMENT/TEACHING MATERIALS

Equipment needs may very from program to program; however, equipment will represent that which is currently used within the occupation. Equipment must be maintained in proper and safe working condition at all times. Sufficient funds for teaching materials and the maintenance of equipment will be budgeted each year. A plan for regular equipment maintenance and repair shall be developed.

VII. STUDENT ORGANIZATIONS

Student organizations, sanctioned by the U. S. Office of Education, are viewed as ongoing integral components of vocational education programs. Each vocational program is encouraged to provide students with the opportunity to participate in student leadership development activities. The designated student organizations for child care programs education is Future Homemakers of America/Home Economics Related Occupations (FHA/HERO) and Vocational Industrial Clubs of America (VICA).

VIII. SAFETY

A. The program shall be in compliance with all applicable federal/state/local safety regulations.

B. Each program shall develop a written safety plan which is in accordance with the overall school/building safety plan.

IX. HEALTH REQUIREMENTS FOR INSTRUCTORS, VOCATIONAL STUDENTS AND PRESCHOOL CHILDREN

A. A medical form must be filed prior to employment/enrollment in a vocational child care program and signed by a licensed physician or designee certifying that the person is free from communicable and contagious diseases. This certificate must include results of a tuberculosis test acceptable to the Division of Disease Control, Bureau of Health.

B. Pre-schoolers shall be required to have an updated immunization record, appropriate to their age group, prior to acceptance into the nursery school.

X. TEACHER CERTIFICATION

Programs must identify licensing and certification requirements necessary for the instructor of each proposed program. Each instructor must be certified in accordance with Title 20-A, MRSA, Chapter 502 and DE implementing rules (Chapters 113, 114, 115, 115A, 116, 118A) in the subject area to be taught.

It is the responsibility of the teacher to obtain and maintain Maine certification. Teachers should contact the superintendent's office or their local support system for information concerning certification.

In addition, teachers must meet any requirements imposed by the Department of Human Services relative to the supervision of young children.

XI. ADVISORY COMMITTEE

Each program shall establish and maintain an active advisory committee with representation from the broad scope of the industry and community.

XII. TECHNICAL ASSISTANCE

Technical assistance will be provided by the Child Care Program Education Consultant.

STANDARD CRITERIA FOR COMPUTER INFORMATION PROCESSING

I. SCOPE

Advances in computer technology have brought about significant changes in how business and industry operate in today's world. The volume of information, as well as speed of access to that information, necessitates a need to train a wide range of students to understand, analyze, solve, and make decisions concerning business activities.

The responsibility of the Computer Information Processing program will be to educate students for meaningful employment in computer-related occupations as well as for post-secondary studies.

The major objectives are:

A. To develop attitudes, skills and work ethics for gainful and meaningful employment

B. To provide students with meaningful experiences for acquiring the knowledge necessary to succeed in a computer-related field

C. To offer a program that serves as the basis for post-secondary studies

II. SEQUENCE

The program of study wilt provide for advanced, experience utilizing computer equipment and will also contain cognitive and effective domain objectives to provide entry-level skills for computer-related occupations. Course of study will include the following categories but need not be limited to them.

A. Computer Concepts and Operations

B. Date Entry Applications

C. Word Processing Applications

D. Database Applications

E. Spreadsheet Applications

F. Computer Graphics Applications

G. Computer Programming

III. CURRICULUM

Chapter 125.04 of the Basic School Approval Regulations states that each school shall have a written curriculum. The curriculum shall reflect a comprehensive plan for continuous, sequential and specific instruction.

Computer information Processing will be a course of study that provides students the opportunity to acquire concepts, attitudes, and entry-level skills essential for working in computer-related occupations. It will provide the students an opportunity to simulate the manner in which computers are used in problem solving and decision making as they rotate to business functions and activities. The program will focus on the knowledge required to accomplish computer information processing tasks.

A. Time Requirements

Computer information processing vocational education programs shall provide for a minimum of 350 hours of instruction per school year. Programs or career objectives for less than 350 hours per school year may be approved upon application and justification to the Bureau of Adult and Secondary Vocational Education. Actual hours of instruction for each student will be determined by the individual's ability to meet basic core competencies as identified in the approved competency-based curriculum. ALL third party time and task requirements wilt be adhered to as per their statute and regulations.

IV. CLASS SIZE

The maximum number of students in a program will be governed by the size of the facility as set forth in the State Board School Building Construction Rules, Chapter 061, and will vary depending on the potential hazard the use of equipment presents, the type of instruction necessary, the size of the instructional area and the number, of work stations available. Minimum enrollment figures shall be established at the time of program approval and must be maintained in order to ensure continuation of the program. Students who are identified as disadvantaged or handicapped may require special services when in regular classes as determined by an I.V.E.P.

V. FACILITIES

Facilities shall be in compliance with the space requirements identified in the State Board of Education School Building Construction Rules, Chapter 061, with national, state and local health and safety codes and Chapter 125, Regulations Governing Basic School Approval.

VI. EQUIPMENT/TEACHING MATERIALS

Equipment needs way vary from program to program; however, equipment will represent that which is currently used within the occupation. Equipment must be maintained in proper and safe working condition at all times. Sufficient funds for teaching materials and the maintenance of equipment will be budgeted each year. A plan for regular equipment maintenance and repair shall be developed.

VII. STUDENT ORGANIZATIONS

Student organizations, sanctioned by the U. S. Office of Education, are viewed as ongoing integral components of vocational education programs. Each vocational program is encouraged to provide students with the opportunity to participate in student leadership development activities. Designated student organization for computer information processing is future Business Leaders of America (FBLA).

VIII. SAFETY

A. The program shall be in compliance with all applicable federal/state/local safety regulations.

B. Each program shall develop a written safety plan which is in accordance with the overall school/building safety plan.

]X. TEACHER CERTIFICATION

Programs must identify Licensing and certification requirements necessary for the instructor of each proposed program. Each instructor must be certified in accordance with Title 20-A, MRSA, Chapter 502 and DE implementing rules (Chapters 113, 114, 115, 115A, 116, 118A) in the subject area to be taught.

It is the responsibility of the teacher to obtain and maintain Maine certification. Teachers should contact the superintendent's office or their local support system for information concerning certification.

X. ADVISORY COMMITTEE

Each program shall establish and maintain an active advisory committee with representation from the broad scope of business, industry, and community.

XI. TECHNICAL ASSISTANCE

Technical assistance will be provided by the Computer Information Processing Education Consultant.

STANDARD CRITERIA FOR COOPERATIVE EDUCATION PROGRAMS

I. SCOPE

Cooperative vocational education programs may provide cooperative job and occupational training in whatever field there is an occupational need that:

A. Is in accordance with a student's identified career objective.

B. Provides progressive skill development in accordance with the student's abilities.

C. Requires a related instruction component which can be delivered through or in conjunction with the program's related instruction activities.

II. SEQUENCE

Cooperative education programs may be offered for a one year or a two year period as separate programs or in conjunction with existing approved school based vocational programs as capstone activities. All programs shall make provisions for both job training and supporting related instruction. They shall operate with both components for all students enrolled.

III. CURRICULUM

Chapter 125.04 of the Basic School Approval Regulations states that each school shall have a written curriculum. The curriculum shall reflect a comprehensive plan for continuous, sequential and specific Instruction.

A. Training Plan

A detailed training plan shall be cooperatively developed by the coordinator and the training site sponsor. The training plan shall identify:

1. Progressive skills to be learned or applied on the job.

2. Applicable related knowledge for that job.

3. The equipment or machines to be utilized in the job training.

4. The health and safety requirements of the training site.

This training plan shall constitute the curriculum outline for both the individual job training and job-specific related instruction required for each student.

B. General Related Instruction

A written and progressive curriculum stated in measurable terms and reviewed by the program's advisory committee shall be utilized in the delivery of general related instruction.

C. The written plan shall indicate the manner in which these components are scheduled and evaluated.

D. Scheduling Requirements

1. The job training is limited to the time that the coordinator is available to provide the required training site supervision during the days and hours designated in the training plan for cooperative training; a summer program may be offered only if a coordinator is available for supervision.

2. Regular periodic job station visitations shall be conducted by the coordinator and at least 50% of these visits shall be while the student is engaged at the training site.

3. Related instruction shall be required for all students enrolled in a cooperative education program.

E. Time Requirements

1. The minimum annual training time shall be an average of ten hours per week for each school calendar quarter; no more than fifteen hours per week white school is in session may be counted towards this minimum requirement.

2. Twenty percent of the minimum annual training time may be set through forest voluntary activity for IRS registered non-profit groups or associations.

3. The related instruction component of the cooperative education program shall not be toss than one period per day or its equivalent.

4. Actual hours of instruction for each student may be determined by the individual's ability to meet basic core competencies as identified in the approved competency based curriculum. All third party time and task requirements will be adhered to as per their statute and regulations.

F. Third Party Requirements

The program shall be in compliance with all applicable state/federal regulations including facility/personnel licensing requirements.

The placement of cooperative education students on job training sites shall not act to displace full-time workers employed in that establishment.

IV. CLASS SIZE (Student-Teacher Ratios)

A. The recommended student teacher ratio for cooperative education classes is no more than 20-1.

B. When special needs students are mainstreamed into cooperative education classes, that placement shall be in accordance with the Pupil Evaluation Team recommendation; the student shall have a Vocational Individualized Education Plan, and support services as recommended in that plan shall be provided.

C. The number of students that can be adequately supervised at their respective training sites will vary. The following shall be considered in determining the maximum number that may be accommodated at training stations.

1. Distance and travel time,

2. Prior experience at the training site,

3. Training Level of students,

4. Training site supervisor,

5. Handicapped access to training site,

6. Available times at work site,

7. Field time available to coordinator.

V. FACILITIES

Facilities shall be in compliance with the space requirements identified in the State Board of Education School Building Construction Rules, Chapter 061, with national, state and local health and safety codes and Chapter 125, Regulations Governing Basic School Approval.

A classroom must be available to the cooperative education teacher for related instruction and an area with a telephone for student consultations, making employer contacts, and the filing of student records shall be provided.

VI. EQUIPMENT/SERVICES REQUIRED

A. Texts, career decision materials, and other job related instructional materials shall be provided in sufficient amounts to meet enrollment needs.

VII. STUDENT ORGANIZATIONS

Student organizations, sanctioned by the U. S. Office of Education, are viewed as ongoing integral components of vocational education programs. Each vocational program is encouraged to provide students with the opportunity to participate in student leadership development activities. The designated student organization for cooperative education is Vocational Industrial Clubs of America (VICA).

VIII. SAFETY

A. Job related safety and health instruction for cooperative education students shall be identified in the student's job training plan. This instruction may be delivered through the training station or through related instruction.

B. The program shall be in compliance with all applicable federal/state/local safety regulations

C. Each program shall develop a written safety plan which is in accordance with the overall school/building safety plan.

IX. TEACHER CERTIFICATION

Programs must identify licensing and certification requirements necessary for the instructor of each proposed program. Each instructor must be certified in accordance with Title 20-A, MRSA, Chapter 502 and DE implementing rules Chapters 113, 114, 115, 115A, 116, 118A) in the subject area to be taught.

It is the responsibility of the teacher to obtain and maintain Maine certification. Teachers should contact the superintendent's office or their local support system or information concerning certification.

X. ADVISORY COMMITTEE

Each program shall establish and maintain an active advisory committee with representation from the broad scope of the industry and community.

XI. TECHNICAL ASSISTANCE

Technical assistance will be provided by the Cooperative Education Consultant.

STANDARD CRITERIA FOR THE APPROVAL OF FOOD SERVICE

OCCUPATIONAL PROGRAMS

I. SCOPE

This instructional program prepares individuals in managerial, production, and service skills used in institutional, commercial, or self-owned food establishments or other food industry occupations. Included is instruction in planning, selecting, storing, purchasing, preparing, and serving quantity food and food products; nutritive values; safety and sanitation precautions; use and care of commercial equipment; serving techniques; special diets; and management of food establishments.

Food service career opportunities, goals and objectives and curriculum information are available in the curriculum guide available from the Bureau of Adult and Secondary Vocational Education.

II. SEQUENCE

Food service occupational programs shall be offered for the length of time necessary to provide trainees the skills and knowledge required at the job-entry level.

III. CURRICULUM

Chapter 125.04 of the Basic School Approval Regulations states that each school shall have a written curriculum. The curriculum shall reflect a comprehensive plan for continuous, sequential and specific instruction.

A. Cluster Curricula

Cluster curricula includes an integrated foundation of knowledge and skills essential to a broad spectrum of food service occupations as well as exposure to a variety of career options in the field.

B. Specialty Curricula

Specialty curricula includes education which provides knowledge and skills required of entry level workers in a specified food service occupation.

C. Content

1. Philosophy and Objectives

Each program shall be developed around a statement of philosophy of the vocational center or region.

2. Conceptual Framework

The conceptual framework for the curriculum shall reflect the philosophy of the educational program and shall be relevant to the objectives of the program.

3. Entry-Level Competencies

Entry-level competencies shall be written for each food service course and shall reflect the philosophy and objectives of the educational program.

4. Selection of Learning Experiences

Learning experiences and methods of instruction shall be selected by the program instructors for the most effective accomplishment of the stated competencies for each program.

Each course shall Include planned, supervised laboratory experience as a required part of the educational program. This experience shall be supervised by qualified instructors to ensure that the experiences are educationally oriented and appropriate to meet student objectives.

5. Community-based Work Experience

Community-based work experience in licensed/accredited institutions is strongly recommended. Such experiences shall be conducted in accordance with applicable Department of Labor regulations.

D. Third Party Requirements

The program shall be in compliance with all applicable third party requirements including facility/personnel licensing requirements.

E. Scheduling and Minimum Time Requirements

1. Cluster Curricula

A minimum of 350 hours per year shall be provided for the comprehensive food service cluster program and shall include the instructional units listed in the State Curriculum Guide for Food Service. Actual hours of instruction for each student will be determined by the individual's ability to meet basic care competencies as identified in the approved competency-based curriculum. ALL third party time and task requirements will be adhered to as per their statute and regulations.

2. Specialty Curricula

Short term courses may be offered to meet Local needs. These programs require approval of the Consultant for Food Service Programs, Bureau of Adult and Secondary Vocational Education. A minimum of 350 hours shall be provided for this type of program.

IV. CLASS SIZE

The maximum number of students in a program will be governed by the size of the facility as set forth in the State Board of Education School Building Construction Rules, Chapter 061, and will vary depending on the potential hazard the use of equipment presents, the type of instruction necessary, the size of the instructional area and the number of work stations available. Minimum enrollment figures shall be established at the time of program approval and must be maintained in order to ensure continuation of the program. Students who are identified as disadvantaged or handicapped may require special services when in regular classes as determined by an I.V.E.P.

V. FACILITIES

Facilities shall be in compliance with the space requirements identified in the State Board of Education School Building Construction Rules, Chapter 061, with national, state and local health and safety codes and Chapter 125, Regulations Governing Basic School Approval.

Facilities must meet the State Department of Human Services Licensing requirements for eating and lodging establishments.

VI. EQUIPMENT/TEACHING MATERIALS

Equipment needs may vary from program to program; however, equipment will represent that which is currently used within the occupation. Equipment must be maintained in proper and safe working condition at all times. Sufficient funds for teaching materials and the maintenance of equipment will be budgeted each year. A plan for regular equipment maintenance and repair shall be developed.

VII. STUDENT ORGANIZATIONS

Student organizations, sanctioned by the U. S. Office of Education, are viewed as ongoing integral components of vocational education programs. Each vocational program is encouraged to provide students with the opportunity to participate in student Leadership development activities. The designated student organizations for foodservice education programs is Future Homemakers of America/Home Economics Related Occupations (FHA/HERO), or Vocational Industrial Clubs of America (VICA).

VIII. SAFETY

A. The program shall be in compliance with all applicable federal/state/local safety regulations.

B. Each program shall develop a written safety plan which is in accordance with the overall school/building safety plan.

IX. PERSONAL HYGIENE, SANITATION

A. Students shall maintain a high degree of personal cleanliness and shall conform to accepted hygienic practices.

B. Dress Code

Students must meet the following requirements in order to work in food preparation areas and serving areas:

1. No street clothes or outerwear are to be allowed in food preparation or serving areas (including the dishroom). (Smocks, full aprons, or uniforms are acceptable attire.)

2. No flammable fabrics such as flannels or sweaters are to be allowed.

3. Protective shoes with oil resistant non-skid soles are recommended.

4. Positive hair restraints are required.

IX. TEACHER CERTIFICATION

Programs must identify licensing and certification requirements necessary for the instructor of each proposed program. Each Instructor must be certified in accordance with Title 20-A, MRSA, Chapter 502 and DE implementing rules (Chapters 113, 114, 115, 115A, 116, 118A) in the subject area to be taught.

It is the responsibility of the teacher to obtain and maintain Maine certification. Teachers should contact the superintendent's office or their local support system for information concerning certification.

XI. ADVISORY COMMITTEE

Each program shall establish and maintain an active advisory committee with representation from the broad scope of the industry and community.

XII. TECHNICAL ASSISTANCE

Technical assistance will be provided by the Vocational Food Service Program Consultant.

STANDARD CRITERIA FOR MARKETING PROGRAMS

I. SCOPE

A marketing occupation is one in which employees are engaged primarily in the promoting and merchandising of goods and services. These occupations are commonly found in businesses such as retailing, wholesaling, manufacturing, storing, transporting, financing and service industries.

The objective of marketing education programs shall be to prepare students for employment and/or post-secondary education in the marketing fields.

The marketing program shall be designed to prepare students for employment in marketing careers for which there are existing employment opportunities or for which there are documented anticipated opportunities when the secondary educational program is completed.

II. SEQUENCE

The marketing education course shall be comprehensive and shall provide a sequential course of study and experience in the marketing occupations. Work experience in marketing occupations shall be available to students.

III. CURRICULUM

Chapter 125.04 of the Basic School Approval Regulations states that each school shall have a written curriculum. The curriculum shall reflect a comprehensive plan for continuous, sequential and specific instruction.

A. Content

The content for marketing education programs shall be derived from a validated analysis of the functions necessary for the marketing and merchandising of goods and services. The validated analysis shall be updated every 5 years.

B. Training Plan

A detailed training plan shall be cooperatively developed by the coordinator and the training site sponsor. The training plan shall identify:

1. Progressive skills to be learned or applied on the job.

2. Applicable related knowledge for that job.

3. The equipment or machines to be utilized in the job training.

4. The health and safety requirements of the training site.

This training plan shall constitute the curriculum outline for the individual job training and job-specific related instruction.

C. Scheduling Requirements

1. The job training is limited to the time that the coordinator is available to provide the required training site supervision during the days and hours designated in the training plan for cooperative training; a summer program may be offered only if a coordinator is available for supervision.

2. Regular periodic job station visitations shall be conducted by the coordinator and at least 5O% of these visits shall be while the student is engaged at the training site.

D. Time Requirements

1. Marketing vocational education programs shall provide for a minimum of 350 hours of instruction per school year. Programs or career objectives for less than 350 hours per school year may be approved upon application and justification to the Bureau of Adult and Secondary Vocational Education.

2. Actual hours of instruction for each student may be determined by the individual's ability to meet basic core competencies as identified in the approved competency based curriculum. All third party time and task requirements will be adhered to as per their statute and regulations.

3. The cooperative education component shall average not less than 10 hours per week per quarter; no more than 15 hours per week may be applied to this minimum requirement when school is in session.

E. Third Party Requirements

The program shall be in compliance with all applicable state/federal regulations including facility/personnel licensing requirements.

IV. CLASS SIZE

The maximum number of students in a program will be governed by the size of the facility as set forth in the State Board School Building Construction Rules, Chapter 061, and will vary depending on the potential hazard the use of equipment presents, the type of instruction necessary, the size of the instructional area and the number of work stations available. Minimum enrollment figures shall be established at the time of program approval and must be maintained in order to ensure continuation of the program. Students who are identified as disadvantaged or handicapped may require special services when in regular classes as determined by an I.V.E.P.

The ratio for the cooperative education component shall be governed by the time available to the instructor to make training station visitations, develop training plans, and evaluate training stations.

V. FACILITIES

Facilities shall be in compliance with the space requirements identified in the State Board of Education School Building Construction Rules, Chapter 061, national, state and local health and safety codes and Chapter 125, Regulations Governing Basic School Approval.

VI. EQUIPMENT/TEACHING MATERIALS

Equipment needs may vary from program to program; however, equipment will represent that which is currently used within the occupation. Equipment must be maintained in proper and safe working condition at all tines. Sufficient funds for teaching materials and the maintenance of equipment will be budgeted each year. A plan for regular equipment maintenance and repair shall be developed.

VII. STUDENT ORGANIZATIONS

Student organizations, sanctioned by the U. S. Office of Education, are viewed as ongoing integral components of vocational education programs. Each vocational program is encouraged to provide students with the opportunity to participate in student leadership development activities. The designated student organization for marketing education programs is Distributive Education Clubs of America (DECA).

VIII. SAFETY

A. Job related safety and health instruction for marketing education students shall be identified in the student's job training plan. This instruction may be delivered through the training station or through related instruction.

B. The program shall be in compliance with all applicable federal/state/local safety regulations.

C. Each program shall develop a written safety plan which is in accordance with the overall school/building safety plan.

IX. TEACHER CERTIFICATION

Programs must identify licensing and certification requirements necessary for the instructor of each proposed program. Each instructor must be certified in accordance with Title 20-A, MRSA, Chapter 502 and DE implementing rules (Chapters 113, 114, 115, 115A, 116, 118A) in the subject area to be taught.

It is the responsibility of the teacher to obtain and maintain Maine certification; Teachers should contact the superintendent's office or their local support system for information concerning certification.

X. ADVISORY COMMITTEE

Each program shall establish and maintain an active advisory committee with representation from the broad scope of the industry and community.

XI. TECHNICAL ASSISTANCE

Technical assistance will be provided by the Marketing Education Program Consultant.

STANDARD CRITERIA FOR VOCATIONAL DIVERSIFIED OCCUPATIONAL PROGRAMS

(Special Needs)

I. SCOPE

The goals of vocational special needs programs are to teach competencies that will lead to entry level employment. The competencies are to be attained through technical and employability skills instruction.

Major components of the program for vocational education for specific and appropriate jobs and community job development are:

A. Competency-based task analysis

B. Vocational skills attainment

1. According to the performance objectives of each approved vocational module.

2. Individual job goals, extracted from performance objectives in the Individual Vocational Education Plans.

C. Job development/coaching/placement

1. Simulation

2. Inter-agency collaboration (co-op agreement)

3. Job shadowing

4. Supervised work experience up to 40 hours non-paid

5. Paid supervised job experience

6. Employment, independent or with the appropriate adult support services in place.

The program provides additional or supplemental services as identified by the pupil evaluation team in addition to support services provided by consulting models to mainstreamed vocational education special needs students.

D. The development of an individual transition plan from school to work or continued education and training.

II. SEQUENCE

Program sequences may be developed which recognize the unique needs of the special needs student.

III. CURRICULUM

Chapter 125.04 of the Basic School Approval Regulations states that each school shall have a written curriculum. The curriculum shall reflect a comprehensive plan for continuous, sequential and specific instruction.

A. The curriculum shall include, but not be limited to, those areas listed under Section I - SCOPE. Students placed in work experience programs must be learning new skills and/or practicing to obtain a higher level of proficiency.

B. Time requirements shall be determined by the needs identified in the pupil's Vocational Individual Education Plan.

C. Third Party Requirements

The program shall be in compliance with all applicable state/federal regulations Including facility/personnel requirements.

The placement of special needs students in community based work sites shall not displace full-time workers employed in that establishment.

Programs designed for special needs students shall be in accordance with the occupation into which students are being oriented. An occupational analysis shall be utilized to identify those experiences and areas of knowledge to be included in instruction. Consideration shall be given to the unique needs and capabilities of the beneficiaries of the program.

D. Enrollment Procedures

The following steps must be followed for recruitment, enrollment and placement of special needs students:

1. Initial referral by the sending school

2. Student visit to the program

3. Assessment

4. Pupil Evaluation Team recommendation and individual vocational Education Plan, both of which must be written with the vocational instructors participation

5. I.V.E.P. must be maintained at the vocational school and reviewed and updated regularly with sending school personnel

IV. CLASS SIZE

The maximum number of students in a program will be governed by the size of the facility as set forth in the State Board School Building Construction Rules, Chapter 061, and will vary depending on the potential hazard the use of equipment presents, the type of instruction necessary, the size of the instructional area and the number of work stations available. Minimum enrollment figures shall be established at the time of program approval and must be maintained in order to ensure continuation of the program. Students who are identified as disadvantaged or handicapped may require special services when in regular classes as determined by an I.V.E.P.

The student-teacher ratio will depend on the severity of the handicapping condition of the students enrolled in the program. Programs are expected to conform to applicable state and federal regulations for special education students.

V. FACILITIES

Facilities shall be in compliance with the space requirements identified in the State Board of Education School Building Construction Rules, Chapter 061, with national, state and local health and safety codes and Chapter 125, Regulations Governing Basic School Approval.

VI. EQUIPMENT/TEACHING MATERIALS

Equipment needs may vary from program to program; however, equipment will represent that which is currently used within the occupation. Equipment must be maintained in proper and safe working condition at all times. Sufficient funds for teaching materials and the maintenance of equipment will be budgeted each year. A plan for regular equipment maintenance and repair shall be developed.

VII. STUDENT ORGANIZATIONS

Student organizations, sanctioned by the U. S. Office Of Education, ore viewed as ongoing integral components of vocational education programs. Each vocational program is encouraged to provide students with the opportunity to participate in student leadership development activities.

VIII. SAFETY

A. The program shall be in compliance with all applicable federal/state/local safety regulations.

B. Each program shall develop a written safety plan which is in accordance with the overall school/building safety plan.

IX. TEACHER CERTIFICATION

Programs must identify licensing and certification requirements necessary for the instructor of each proposed program.. Each instructor must be certified in accordance with Title 20-A, MRSA, Chapter 502 and DE implementing rules (Chapters 113, 114, 115, 115A, 116, 118A) in the subject area to be taught.

It is the responsibility of the teacher to obtain and maintain Maine certification. Teachers should contact the superintendent's office or their local support system for information concerning certification.

X. ADVISORY COMMITTEE

Each program shall establish and maintain an active advisory committee with representation from the broad scope of the industry.

XI. TECHNICAL ASSISTANCE

Technical assistance will be provided by the Special Needs Students Consultant.

STANDARD CRITERIA FOR TRADE AND INDUSTRY

I. SCOPE

Trade and industrial education includes any offering which is necessary to develop the manipulative skills, technical knowledge and rotated instruction for employment in any craft, skilled trade, single skilled or semiskilled occupation. These occupations may function in the designing, producing, processing, fabricating, assembling, testing, modifying, maintaining, servicing of any product or commodity. It may also include any other occupation or combination of occupations that are usually considered to be trade, technical, or industrial.

The program offered may be specific in nature, preparing learners for specific jobs or for specific occupations. They may also be broader based and prepare learners for a group of closely related occupations. They must be based on known or projected employment opportunities and provide the skills, processes and knowledge necessary for participants to become entry level workers. Preparation for post-secondary education may take place within the context of trade and industrial programs.

II. SEQUENCE

Trade and industrial courses and program offerings may be for varying lengths of time. They must be designed in accordance with the standards of the occupation they represent and be of sufficient length in time to assure the acquisition of entry-level skills for their participants.

They shall be developed or maintained in response to employment opportunities and utilize a current field-validated occupations analysis as its curriculum design base. An individual student's course of study may be flexible but must be directed to previously identified career objectives in a manner that leads to progressive skill and development of knowledge and toward individual career objectives.

Trade and industrial programs shall include both classroom and laboratory experiences. Field experiences may be utilized as part of the laboratory requirement.

II. CURRICULUM

Chapter 125.04 of the Basic School Approval Regulations states that each school shall have a written curriculum. The curriculum shall reflect a comprehensive plan for continuous, sequential and specific instruction.

A. Content

a. Each program will have a competency-based curriculum that has been derived from a trade/occupational analysis utilizing practitioners to identify the tasks.

b. The necessary core competencies for entry level employment shall be identified.

2. The curriculum shall identify the objectives of the course of study, and those objectives shall be written in measurable terms.

3. All Learning activities for students shall be directly related to objectives in the curriculum.

4. Safety instruction shall be an integral component of all trade and industrial programs and shall be emphasized in all activities.

B. Time Requirements

Trade and industrial vocational education programs shall provide for a minimum of 350 hours of instruction per school year. Programs or career objectives for less than 350 hours per school year may be approved upon application and justification to the Bureau of Adult and Secondary Vocational Education. Actual hours of instruction for each student wilt be determined by the individual's ability to meet basic core competencies as identified in the approved competency-based curriculum. All third party time and task requirements wilt be adhered to as per their statute and regulations.

C. Third Party Requirements

The program shall be in compliance with all state/federal regulations including facility/personnel requirements.

IV. CLASS SIZE

The maximum number of students in a program wilt be governed by the size of the facility as set forth in the State Board of Education School Building Construction Rules, Chapter 061, and wilt vary depending on the potential hazard the use of equipment presents, the type of instruction necessary, the size of the instructional area and the number of work stations available. Minimum enrollment figures shall be established at the time of program approval and must be maintained in order to ensure continuation of the program. Students who are identified as disadvantaged or handicapped may require special services when in regular classes as determined by an I.V.E.P.

V. FACILITIES

Facilities shall be in compliance with the space requirements identified in the State Board of Education School Building Construction Rules, Chapter 061, with national, state and local health and safety codes and Chapter 125, Regulations Governing Basic School Approval.

VI. EQUIPMENT/TEACHING MATERIALS

Equipment needs may vary from program to program; however, equipment wilt represent that which is currently used within the occupation. Equipment must be maintained in proper and safe working condition at all times. Sufficient funds for teaching motorists and the maintenance of equipment wilt be budgeted each year. A plan for regular equipment maintenance and repair shall be developed.

VII. STUDENT ORGANIZATIONS

Student organizations, sanctioned by the U. S. Office of Education, ore viewed as ongoing integral components of vocational education programs. Each vocational program is encouraged to provide students with the opportunity to participate in student leadership development activities. The designated student organization for trades and industrial education is Vocational Industrial Clubs of America (VICA).

VIII. SAFETY

A. The program shall be in compliance with all applicable federal/state/local safety regulations.

B. Each program shall develop a written safety plan which is in accordance with the overall school/building safety plan.

IX. TEACHER CERTIFICATION

Programs must identify licensing and certification requirements necessary for the instructor of each proposed program. Each instructor must be certified In accordance with Title 20-A, MRSA, Chapter 502 and DE implementing rules (Chapters 113, 114, 115, 115A, 116, 118A) in the subject area to be taught.

It is the responsibility of the teacher to obtain and maintain Maine certification. Teachers should contact the superintendent's office or their local support system for information concerning certification.

XI. ADVISORY COMMITTEE

Each program shall establish and maintain an active advisory committee with representation from the broad scope of the industry and community.

XII. TECHNICAL ASSISTANCE

Technical assistance will be provided by the Trade and Industrial Education Consultant.

Standards for Vocational Programs

Funded Through General Purpose Aid

Programs in this section of the document include those funded under state general purpose aid. They focus on living skills, vocational exploration and career decision-making.

MINIMUM STANDARDS FOR AGRICULTURE EDUCATION PROGRAMS FUNDED

BY GENERAL PURPOSE AID

I. SCOPE

A. Agriculture education should provide a comprehensive program of instruction which is continuous, sequential and specific. Vocational agriculture programs must reflect the needs of the *merging agricultural industry and represent a balanced combination of the traditional and newly discovered advancements in science and technology. Objectives should be developed with an emphasis on agriscience and agribusiness skills. The development of these skills should include both traditional and innovative approaches to teaching. Such programs should take into consideration the various abilities, interests, skills. and backgrounds of students interested in pursuing a career in agriculture/agribusiness and should reflect current science and technology research. The major program objectives for agriculture education are as follows:

1. to develop competencies needed to engage in agricultural production occupations,

2. to develop competencies needed to engage in agriscience/ agribusiness related occupations,

3. to develop on awareness of career opportunities in agricutture/agribusiness and the preparation needed to enter and progression in those occupations,

4. to encourage participation in short-term cultural enrichment courses which provide knowledge and insight into agricultural education as it impacts upon the world's social and economic needs,

5. to encourage and support the development of essential knowledge, skills, and attitudes which enable students to be successful in postsecondary education,

6. to provide students an opportunity to develop an understanding of, and appreciation for, the scientific principles and technologies of agriculture and to encourage and assist them in the appreciation of this knowledge,

7. to develop basic career and life skills essential for success in agricultural/agribusiness pursuits.

II. SEQUENCE

A. Regular Programs

Courses may be offered at the secondary level designed to meet the needs of students who ore preparing to enter agricultural/ agribusiness occupations or to pursue training at a post-secondary level. Secondary school instructional programs in agriculture may be from one to four years in duration.

B. Supervised Occupational Experience Programs

Occupational experience programs should be continuous and of such nature and duration as to provide the experience necessary to meet the student's occupations objectives. Supervised occupational experience is an integral part of the vocational agriculture program that allows students to become actively involved in tasks performed by people in agricultural occupations.

III. CURRICULUM

Chapter 125.04 of the Basic School Approval Regulations states that each school shall have a written curriculum. The curriculum shall reflect a comprehensive plan for continuous, sequential and specific instruction.

A. Scheduling Requirements

1. Courses in agriculture at the secondary level may be offered as part of the regular program and may include the following subject areas:

a. Agricultural Science and Technology

b. Production Agriculture

c. Forestry and Conservation

d. Agricultural Resources

e. Agricultural Mechanics

f. Environmental Science

g. Agribusiness (marketing, supply, production)

h. Animal Sciences

i. Horticulture

j. Landscaping

k. Other agricultural subject areas as identified by the school and community

IV. CLASS SIZE

The maximum number of students in a program will be governed by the size of the facility as set forth in the State Board of Education School Building Construction Rules, Chapter 061, and will vary depending on the potential hazard the use of equipment presents, the type of instruction necessary, the size of the instructional area and the number of work stations available. Minimum enrollment figures shall be established at the time of program approval and must be maintained in order to ensure continuation of the program. Students who are identified as disadvantaged or handicapped may require special services when in regular classes as determined by an I.V.E.P.

V. FACILITIES

Facilities shall be in compliance with the space requirements Identified in the State Board of Education School building Construction Rules, Chapter 061, with national, state and local health and safety codes and Chapter 125, Regulations Governing Basic School Approval.

VI. EQUIPMENT/TEACHING MATERIALS

Equipment needs may vary from program to program; however, equipment will represent that which is currently used within the occupation. Equipment must be maintained in proper and safe working condition at all times. Sufficient funds for teaching materials and the maintenance of equipment mitt be budgeted each year. A plan for regular equipment maintenance and repair shall be developed.

VII. STUDENT ORGANIZATIONS

Student organizations, sanctioned by the U. S. Office of Education, are viewed as ongoing integral components of vocational education programs. Each vocational program Is encouraged to provide students with the opportunity to participate in student leadership development activities. Designated student organization for agriculture and natural resources education is Future Farmers of America (FFA).

VIII. SAFETY

A. The program shall be in compliance with all applicable federal/state/local safety regulations.

B. Each program shall develop a written safety plan which is in accordance with the overall school/building safety plan.

IX. TEACHER CERTIFICATION

Programs must identify licensing and certification requirements necessary for the instructor of each proposed program. Each Instructor must be certified In accordance with Title 20-A, MRSA, Chapter 502 and DE implementing rules (Chapters 113, 114, 115, 115A, 116, 118A) in the subject area to be taught.

It Is the responsibility of the teacher to obtain and maintain Maine certification. Teachers should contact their Local support system for information concerning certification.

X. ADVISORY COMMITTEE

Each program shall establish and maintain an active advisory committee with representation from the broad scope of the industry and community.

XI. TECHNICAL ASSISTANCE

Technical assistance will be provided by the Agriculture and Natural Resources Consultant.

STANDARD CRITERIA FOR BUSINESS EDUCATION

(General Purpose Subsidy)

I. SCOPE

Business education is a broad comprehensive discipline. The instructional program encompasses primarily: (1) knowledge, attitudes, and skills needed by all citizens to manage effectively their personal business needs; (2) to understand the American business and economic system; and (3) to teach vocational knowledge and skills needed for entry-level employment and advancement in business careers.

The responsibility of vocational business education programs is to educate students for meaningful employment in business and office occupations as wall as for post-secondary studies.

The major objectives of business education are:

A. To develop professional attitudes and skills for gainful and meaningful employment including unique and emerging occupations.

B. To provide students with meaningful experiences for acquiring the knowledge necessary to succeed in business and office occupations.

C. To offer courses that serve as the basis for post-secondary studies.

II. SEQUENCE

The vocational business education program of study will be comprehensive and shall include one or more of the prescribed occupations which are:

 Executive/Administrative Assistant

 Office Occupations

 Business Administration

Courses of study shall include:

A. Executive/Administrative Assistant

Grade 11

Advanced Typewriting Applications

Accounting I

Shorthand I

Grade 12

Advanced Shorthand or Machine Transcriptions

Office Systems and Procedures

Computer Applications

B. Office Occupations

Grade 11

Advanced Typewriting Applications

Office Technology

Accounting I

Grade 12

Automated Accounting

Office Systems and Procedures

Computer Applications

C. Business Administration

Grade 11

Accounting I

Management/Economics

Computer Applications

Grade 12

Automated Accounting

Law

Business Administration Techniques and Practices

III. CURRICULUM

Chapter 125.04 of the Basic School Approval Regulations states that each school shall have a written curriculum. The curriculum shall reflect a comprehensive plan for continuous, sequential and specific instruction.

A. Minimum Time Requirements

1. Time requirements wilt correspond to other course requirements for the school.

B. Third Party Requirements

1. The program shall be in compliance with all applicable state/federal regulations including facility/personnel licensing requirements.

IV. CLASS SIZE

The maximum number of students in a program will be governed by the size of the facility as set forth In the State Board of Education School Building Construction Rules, Chapter 061, and will vary depending an the potential hazard the use of equipment presents, the type of instruction necessary, the size of the instructional area and the number of work stations available. Students who are identified as disadvantaged or handicapped may require special services when in regular classes as determined by an I.V.E.P.

V. FACILITIES

Facilities shall be in compliance with the space requirements identified in the State Board of Education School Building Construction Rules, Chapter 061, with national, state and local health and safety codes and Chapter 125, Regulations Governing Basic School Approval.

VI. EQUIPMENT/TEACHING MATERIALS

Equipment needs may vary from program to program; however, equipment will represent that which is currently used In business and industry. Equipment must be maintained in proper and safe working condition at all times. Sufficient funds for teaching materials and the maintenance of equipment will be budgeted each year. A plan for regular equipment maintenance and repair shall be developed.

VII. STUDENT ORGANIZATIONS

Student organizations, sanctioned by the U. S. Office of Education, are viewed as ongoing integral components of vocational education programs. Each vocational program is encouraged to provide students with the opportunity to participate in student leadership development activities. Designated student organization for business education is Future Business Leaders of America (FBLA).

VIII. SAFETY

A. The program shall be in compliance with all applicable federal/state/local safety regulations.

B. Each program shall develop a written safety plan which is in accordance with the overall school/building safety plan.

IX. TEACHER CERTIFICATION

Programs must identify licensing and certification requirements necessary for the instructor of each proposed program. Each instructor must be certified in accordance with Title 20-A, MRSA, Chapter 502 and DE implementing rules (Chapters 113, 114, 115, 115A, 116, 118A) in the subject area to be taught.

It is the responsibility of the teacher to obtain and maintain Maine certification. Teachers should contact the superintendent's office or their local support system for information concerning certification.

X. ADVISORY COMMITTEE

Each program shall establish and maintain an active advisory committee with representation from the broad scope of the industry and community.

XI. TECHNICAL ASSISTANCE

Technical assistance wilt be provided by the Business Education Consultant.

STANDARD CRITERIA FOR CONSUMER AND HOME ECONOMICS EDUCATION PROGRAMS

I. SCOPE

Consumer and home economics education is an educational program designed to provide individuals and families with knowledge and skills to meet the challenges of every day living and attain optimum quality of life. It prepares mates and females, youth and adults, for the dust roles of homemaker/wage-earner in a way that eliminates sex bias and sex stereotyping.

To qualify as an approved Consumer and Home Economics Education Program, a school district shall offer instruction in each of the following areas: Consumer Education, Human Development and Family. Living, Child Development and Parenting, Nutrition and Food Management, Clothing Management, Textiles and Design (including all functional uses of textile products), Housing and Living Environments, Family Economics and Resource Management, and Career Awareness and Exploration of Nome Economics Related Occupations.

The program shall be designed to:

A. Reinforce and integrate academic skills across all home economics content areas.

B. Prepare males and females for sharing family roles and responsibilities as homemakers and wage earners.

C. Eliminate sex bias and sex stereotyping.

D. Address the economic, social, and cultural conditions affecting the quality of family Life especially the needs of people in economically depressed areas.

E. Encourage youth and adults to be aware of their responsibilities to contribute beyond the home as caring and involved citizens.

F. Emphasize family and parenthood education.

G. Emphasize consumer education and resource management to meet changing societal needs.

H. Serve special needs populations such as handicapped and disadvantaged through appropriate programming.

I. Promote the concept that the skills learned in consumer and home economics courses may be applied to education for the world of work.

J. Address the impact of technology on life and work.

II. SEQUENCE

An approved consumer and home economics program shall be offered in middle/junior high school and/or for a minimum of three years in grades 9-12 and shall include those content areas identified in Section I - SCOPE. Courses may be offered as full year comprehensive, semester, or quarterly offerings.

III. CURRICULUM

Chapter 125.04 of the Basic School Approval Regulations states that each school shall have a written curriculum. The curriculum shall reflect a comprehensive plan for continuous, sequential and specific instruction.

A. Curriculum content shall includes but not be limited to, those areas listed under the SCOPE.

B. Junior high/middle school and senior high school programs shall be coordinated.

IV. CLASS SIZE

The maximum number of students in a program will be governed by the size of the facility as set forth in the State Board of Education School Building Construction Rules, Chapter 061, and will vary depending on the potential hazard the use of equipment presents, the type of instruction necessary, the size of the instructional area and the number of work stations available. The recommended maximum students per instructor in a home economics laboratory is sixteen. Minimum enrollment figures shall be established at the time of program approval and must be maintained in order to ensure continuation of the program. Students who are identified as disadvantaged or handicapped may require special services when in regular classes as determined by a Pupil Evaluation Team through an Individual Education Plan.

V. FACILITIES

Facilities shall be in compliance with the space requirements identified in the State Board of Education School Building Construction Rules, Chapter 061, with national, state and local health and safety codes and Chapter 125, Regulations Governing Basic School Approval.

A. The facility shall include space for group discussions, individualized instruction, demonstrations, food preparation and service, clothing construction, nursery school and/or other activities as identified in the curriculum.

VI. EQUIPMENT/TEACHING MATERIALS

There shall be space for the effective teaching of all phases of a consumer and home economics program including sufficient storage of teaching materials, equipment and supplies. Equipment must be maintained in proper and safe working condition at all times. Sufficient funds for teaching motorists and the maintenance of equipment will be budgeted each year. A plan for regular equipment maintenance and repair shall be developed.

VII. STUDENT ORGANIZATIONS

Student organizations, sanctioned by the U. S. Office of Education, are viewed as ongoing integral components of vocational education programs. Each vocational program is encouraged to provide students with the opportunity to participate in student Leadership development activities. Designated student organization for consumer and home economics education is Future Homemakers of America/Home Economics Rotated Occupations (FHA/HERO).

VIII. SAFETY

A. The program shall be in compliance with all applicable federal/state/local safety regulations.

B. Each program shall develop a written safety plan which is in accordance with the overall school/building safety plan.

IX. TEACHER CERTIFICATION

Programs must identify licensing and certification requirements necessary for the instructor of each proposed program. Each instructor must be certified in accordance with Title 20-A, NASA, Chapter 502 and DE implementing rules (Chapters 113, 114, 115, 115A, 116, 118A) in the subject area to be taught.

It is the responsibility of the teacher to obtain and maintain Maine certification. Teachers should contact the superintendent's office or their local support system for information concerning fortification.

X. ADVISORY COMMITTEE

Each program shall establish and maintain an active advisory committee with representation from the broad scope of the industry and community.

XI. TECHNICAL ASSISTANCE

Technical assistance will be provided by the Consumer and Home Economics Education Consultant.

CONSUMER AND HOME ECONOMICS

EDUCATION GRANT-ELIGIBLE PROGRAMS

The Carl D. Perkins Vocational Education Act of 1984 (P.L. 98-524) provides funding for the improvement, expansion, or updating of vocationally approved consumer and home economics programs, grades 7 - 12 "falling within an economically depressed area." In accordance with this provision, money is available through the competitive grant process.

MINIMUM STANDARDS FOR

TECHNOLOGY EDUCATION (Industrial Arts)

I. SCOPE

Technology Education (Industrial Arts) is a comprehensive educational program concerned with the technical means, evolution, utilization, and significance of industry. It studies the organization, personnel systems, techniques, resources, and products including their social/cultural impact.

Technology Education (Industrial Arts) program content is based upon:

A. organized technological concepts, processes, and systems;

B. Fundamental knowledge about the development of technology and its effect on people, the environment, and culture;

C. Assisting students in developing an understanding of technological concepts, processes, and systems;

D. Assisting students to use toots, motorists, machines, processes, and technical concepts safety and efficiently;

E. Developing student skills, creative abilities, positive selfconcepts, and individual potentials in technology;

F. Developing student problem-solving and decision-making skills;

G. Preparing students for life-long learning in a technological society;

H. Activity-oriented laboratory instruction with students reinforcing abstract concepts with concrete experiences; and

I. Ideally, program offerings K-12, from K-6, programs such as math, science, social studies, and reading can be enhanced greatly with the implementation of a technology education program.

II. CURRICULUM

Chapter 125.04 states, "Each school shall have a written curriculum approved by the commissioner."

Chapter 127.02 defines, "Curriculum shall mean a written document which includes the totality of the school syllabi. The curriculum shall reflect a comprehensive plan for continuous, sequential and specific instruction." (MRSA - 20-A, Chapters 125 and 127)

A Content

Instructional content shall be drawn from one or more of the following areas:

1. communication - efficiently utilizing resources to transfer information to external human potential;

2. construction - efficiently utilizing resources to build structures or constructed works on a site;

3. manufacturing - efficiently utilizing resources to extract and concert raw/recycled materials into industrial and consumer goods;

4. transportation - efficiently utilizing resources to obtain time and place utility and to attain and maintain direct physical contact and exchange among individuals and societal units through the movement of materials/goods and people;

5. service industries - efficiently using human resources and technical knowledge to maintain the complex technical tools and products our society takes for granted on a day-to-day basis;

6. energy - the efficient utilization of resources for generation, converting, storing, application, and conserving of energy.

B. Schedule

Technology Education (Industrial Arts) classes shall meet the same number of minutes per week as any other course in grades 9-12. Other scheduling arrangements may be approved by the office of Technology Education/Industrial Arts in the Bureau of Adult and Secondary Vocational Education.

C. Third Party Requirement Chapter 125.03

Each school unit and the elementary and secondary schools within it shall meet all requirements of Title 20A, Maine revised statutes, other statutes and rules applicable to the operation of public schools and the requirements of this ruts. (Chapter 125.03, MRSA 20-A)

III. CLASS SIZE

The maximum number of students in a program wilt be governed by the size of the facility as set forth in the State Board of Education school Building Construction Rules, Chapter 061, and wilt very depending on the potential hazard the use of equipment presents, the type of instruction necessary, the size of the instructional area and the number of work stations available. The recommended maximum students per instructor in a laboratory is sixteen. Students who are identified as disadvantaged or handicapped way require special services when in regular classes as determined by a Pupil Evaluation Team through an Individual Education Plan.

IV. FACILITIES

Facilities shall be in compliance with the space requirements identified in the State Board of Education School Building Construction Rules, Chapter 061, with national, state and local health and safety codes and Chapter 125, Regulations Governing Basic School Approval.

V. EQUIPMENT/TEACHING MATERIALS

Equipment needs may vary based on Local program needs; however, equipment and materials should be of such a variety as to offer a varied and wide-range of laboratory experiences.

Equipment shall be routinely maintained in good, safe working condition Including appropriate guarding and space requirements.

Effective and current technology teaching materials, toots, and equipment for instructional purposes shot( be provided including books, other printed motorists, audio-visuals, and new and emerging technologies.

VI. STUDENT ORGANIZATIONS

Student organizations, sanctioned by the U. S. Office of Education, are viewed as ongoing integral components of vocational education programs. Each vocational program is encouraged to provide students with the opportunity to participate in student leadership development activities. Designated student organization for technology education (industrial arts) is Technology Student Association (TSA).

VII. SAFETY (Chapter 125 MRSA 20-A)

A. The program shall be in compliance with all applicable federal/state/local safety regulations.

B. Each program shall develop a written safety plan which is in accordance with the overall school/building safety plan.

VIII. TEACHER CERTIFICATION

Programs must identify licensing and certification requirements necessary for the instructor of each proposed program. Each instructor must be certified in accordance with Title 20-A, MRSA, Chapter 502 and DE implementing rules (Chapters 113, 114, 115, 115A, 116, 118A) in the subject area to be taught.

It is the responsibility of the teacher to obtain and maintain Maine certification. Teachers should contact the superintendent's office or their local support system for information concerning certification.

IX. TECHNICAL ASSISTANCE

Technical assistance wilt be provided by the Technology Education (Industrial Arts) Consultant.

History

• STATUTORY AUTHORITY: Title 20-A governing educationand other state and federal regulations; e.g., P.L. 98-524, Carl D. Perkins Vocational Education Act. Section 504 of the Rehabilitation Act, Chapter 125, Regulations Governing Basic School Approval and Chapter 127 Instruction Requirements and Graduation Standards of the Education Reform Act.
• EFFECTIVE DATE (ELECTRONIC CONVERSION): May 19, 1996
• EFFECTIVE DATE (ELECTRONIC CONVERSION): APAO WORD VERSION CONVERSION (IF NEEDED) AND ACCESSIBILITY CHECK: July 15, 2025
• EFFECTIVE DATE (ELECTRONIC CONVERSION): APPENDIX A
• EFFECTIVE DATE (ELECTRONIC CONVERSION): ACCREDITATION, SCHOOL APPROVAL AND PROGRAM REVIEW
• EFFECTIVE DATE (ELECTRONIC CONVERSION): SCHOOL ACCREDITATION
• EFFECTIVE DATE (ELECTRONIC CONVERSION): In accordance with Title 20-A, Section 4511, the State Board and the Commissioner shall jointly adopt rules establishing accreditation standards for secondary schools. Further, specific requirements are set forth which constitute the guidelines for excellence in school programs.
• EFFECTIVE DATE (ELECTRONIC CONVERSION): All school administrative units operating a secondary school shall undergo the state accreditation process on a five-year cycle as established by the Commissioner. The law also provides for the establishment of alternate procedures for accreditation of secondary schools jointly with the Now England Association of Schools and Cottages or its successor.
• EFFECTIVE DATE (ELECTRONIC CONVERSION): BASIC SCHOOL APPROVAL
• EFFECTIVE DATE (ELECTRONIC CONVERSION): Visitations wilt be conducted in accordance with the requirements of Chapters 125 and 127 of the Education Reform Act of 1984. The review wilt be conducted by a team from the Bureau of Adult and Secondary Vocational Education in accordance with a master calendar developed for all basic school approval visitations conducted by DE.
• EFFECTIVE DATE (ELECTRONIC CONVERSION): The school approval visitation wilt include an audit of instructional time, school calendar, common school facilities, staffing patterns, student assessment and evaluation, guidance and counseling, health services and safety procedures, school records, third party inspection reports, library facilities and the development of the school improvement plan.
• EFFECTIVE DATE (ELECTRONIC CONVERSION): individual vocational program review reports wilt be included, but individual programs wilt not be reviewed a second time.
• EFFECTIVE DATE (ELECTRONIC CONVERSION): VOCATIONAL PROGRAM REVIEWS
• EFFECTIVE DATE (ELECTRONIC CONVERSION): Program reviews are conducted by the program consultants utilizing the Standard Criteria for Vocational Programs as the governing document. These reviews result in an audit and recommendations at the program level. Conducted prior to the school approval visitation, the date from these individual program reviews feeds into the school approval process thereby minimizing duplicate or overlapping program reviews.
• EFFECTIVE DATE (ELECTRONIC CONVERSION): The individual vocational program review will address the program of study, curriculum development and content, equipment, facilities, methods of instruction, enrollment, advisory committee activity, student organizations, safety, and special services. Time allocated for the reviews wilt very but should not take longer then one day per program.
• EFFECTIVE DATE (ELECTRONIC CONVERSION): APPENDIX B
• EFFECTIVE DATE (ELECTRONIC CONVERSION): FIELD PLACEMENTS
• EFFECTIVE DATE (ELECTRONIC CONVERSION): Various types of field placements are utilized in secondary vocational programming.
• EFFECTIVE DATE (ELECTRONIC CONVERSION): All activity in the workplace is governed by State and/or Federal Departments of Labor. A publication entitled Child Labor Law and School Work, Maine Department of Education, 1988, identifies key issues for compliance by schools and the workplace. This document should be reviewed before placing any student in a work situation.
• EFFECTIVE DATE (ELECTRONIC CONVERSION): Identified below are some of the field-based activities utilized in secondary vocational education.
• EFFECTIVE DATE (ELECTRONIC CONVERSION): COOPERATIVE EDUCATION
• EFFECTIVE DATE (ELECTRONIC CONVERSION): A joint venture between schools and industry to assist students in pursuing career objectives in conjunction with their school studies. Students are placed in work settings during the school day in accordance with employer training plans and are paid applicable wage rates. Forms are provided to the schools by the Bureau of Adult and Secondary Vocational Education and are submitted to the Bureau of Labor Standards by the school for approval. There are limited provisions for variations from the normal Labor law restrictions. An employer-employee relationship exists. Jurisdiction rests with the labor departments.
• EFFECTIVE DATE (ELECTRONIC CONVERSION): JOB SHADOWING
• EFFECTIVE DATE (ELECTRONIC CONVERSION): An unpaid, short-term placement in which students observe incumbent workers at their workplace. No work is performed by the student. Time involved is usually no more than ten hours and in no case may be for more than forty hours. No employer - employee relationship exists; jurisdiction rests with the school.
• EFFECTIVE DATE (ELECTRONIC CONVERSION): FIELD TRAINING
• EFFECTIVE DATE (ELECTRONIC CONVERSION): Students participate in Learning activities away from the normal school setting. Academic, as well as hands-on, training may take place. Students are accompanied by an instructor at all times. Learning is the primary objective, not productivity. No employer-employee relationship exists and the program operates under the jurisdiction of the school.
• EFFECTIVE DATE (ELECTRONIC CONVERSION): Examples are the building construction students who build a structure on a site away from the school under the direction of the program instructor, or the health occupations program that conducts the clinical experience in a health care facility under the direct supervision of the licensed instructor.
• EFFECTIVE DATE (ELECTRONIC CONVERSION): TRAINEE
• EFFECTIVE DATE (ELECTRONIC CONVERSION): A student is placed into a training site under the supervision of an employer of that training site.
• EFFECTIVE DATE (ELECTRONIC CONVERSION): There are six points which must be met for this to be acceptable to the labor bureaus. There is also a maximum 40 hour limit on this activity.
• EFFECTIVE DATE (ELECTRONIC CONVERSION): Note that state and federal agencies do not address this in the same manner. Refer to the Department of Labor publication referenced on the previous page for detailed information on this topic.
• EFFECTIVE DATE (ELECTRONIC CONVERSION): Jurisdiction rests with the labor departments) because the training activity may result in employment and/or production activity and because it is in effect a variation of the labor law.
• EFFECTIVE DATE (ELECTRONIC CONVERSION): Commissioner's Informational Letter #36. April 1985.
• EFFECTIVE DATE (ELECTRONIC CONVERSION): This letter requires that all school/work programs be registered with the Maine State Bureau of Labor Standards. This requirement applies whether the student is being paid or not. Additional information may be obtained by contacting the Bureau of Labor Standards, State House Station #45, Augusta, Me 04333, Attention: Supervisor of Employment Standards.
• EFFECTIVE DATE (ELECTRONIC CONVERSION): APPENDIX C
• EFFECTIVE DATE (ELECTRONIC CONVERSION): Request for Approval
• EFFECTIVE DATE (ELECTRONIC CONVERSION): Integrated Studies Programs
• EFFECTIVE DATE (ELECTRONIC CONVERSION): as per
• EFFECTIVE DATE (ELECTRONIC CONVERSION): Chapter 127 - Instructional Requirements and Graduation Standards (127.13F)
• EFFECTIVE DATE (ELECTRONIC CONVERSION): 1. Introduction to integrated Studies
• EFFECTIVE DATE (ELECTRONIC CONVERSION): The regulation governing integrated studies is contained in Chapter 127, Instructional Requirements and Graduation Standards. This regulation (Chapter 127.13F) states "vocational students may, with approval of the Commissioner, satisfy the second-year mathematics, science, and social studies requirements through separate or integrated study offered as part of the vocational curriculum."
• EFFECTIVE DATE (ELECTRONIC CONVERSION): The intent of the regulation is to recognize the value of combining traditional curriculum objectives with the unique experiences of vocational schools. It is an opportunity to teach the academic principles and demonstrate the application to enhance complete understanding. New concepts are to be taught and evaluated. Integrated programs must not be a reapplication of previously learned material.
• EFFECTIVE DATE (ELECTRONIC CONVERSION): II. Application
• EFFECTIVE DATE (ELECTRONIC CONVERSION): Detailed information approved in the following categories is needed to determine the acceptability of the program:
• EFFECTIVE DATE (ELECTRONIC CONVERSION): A. Curriculum materials
• EFFECTIVE DATE (ELECTRONIC CONVERSION): 1. Purpose Statement - Describe the intent of the program including which credit requirement (mathematics, science or social studies) is sought.
• EFFECTIVE DATE (ELECTRONIC CONVERSION): 2. Alignment with Sending Schools' Curriculum - Integrated studies must articulate the sending school's curriculum in terms of scope, sequence and actual content being taught. There must be demonstrable evidence that both schools are working together.
• EFFECTIVE DATE (ELECTRONIC CONVERSION): 3. Objectives - Describe the curriculum objectives of this program. Detail concepts and competencies to be taught and project the number of students to be served.
• EFFECTIVE DATE (ELECTRONIC CONVERSION): 4. Instructional Activities - Detail how instruction will occur.
• EFFECTIVE DATE (ELECTRONIC CONVERSION): In instances where science credit is sought as the laboratory graduation requirement, describe how activities are guided by the scientific method.
• EFFECTIVE DATE (ELECTRONIC CONVERSION): 5. Evaluation - There must be a plan for student and program performance.
• EFFECTIVE DATE (ELECTRONIC CONVERSION): a) Describe the student evaluation and include a unit test aligned with curriculum objectives.
• EFFECTIVE DATE (ELECTRONIC CONVERSION): b) Describe how the integrated study wilt be evaluated twice a year. All program evaluations wilt be maintained on file in the administrator's office of the sending school.
• EFFECTIVE DATE (ELECTRONIC CONVERSION): 6. Resources - Identify and describe the resources (such as facilities, guest speakers, textbooks, and trade manuals) to be used to implement this program.
• EFFECTIVE DATE (ELECTRONIC CONVERSION): B. Certification options
• EFFECTIVE DATE (ELECTRONIC CONVERSION): There are two options which wilt satisfy certification concerns surrounding integrated studies. The first option is that the teacher be certified to teach the subject for which graduation credit is requested. The second option Is that the program be team taught by a subject area teacher and vocational educator. Team teaching involves collaborative planning and instruction.
• EFFECTIVE DATE (ELECTRONIC CONVERSION): Ill. Submission Process
• EFFECTIVE DATE (ELECTRONIC CONVERSION): Four copies of the requested materials are to be sent to the Associate Commissioner for the Bureau of instruction, Maine Department of Education, State House Station #23, Augusta, Maine 04333. A cover sheet should be prepared which contains the name and signatures of the sending school's superintendent and vocational director. In addition, a subject area contact person should be identified in the event that clarification is necessary.
• EFFECTIVE DATE (ELECTRONIC CONVERSION): The Commissioner's approval/disapproval shall be determined in a timely manner and the Commissioner's decision is final. The school administrative unit or vocational center/region may appeal an adverse decision to the Superior Court within 30 days from the receipt of the decision in the manner set forth in 5 NASA, Section 11001 et seq,
• EFFECTIVE DATE (ELECTRONIC CONVERSION): For further information, contact the Associate Commissioner, Bureau of Instruction, 23 State House Station, Augusta, Maine 04333. (287-5800)
• EFFECTIVE DATE (ELECTRONIC CONVERSION): APPENDIX D
• EFFECTIVE DATE (ELECTRONIC CONVERSION): Methods of Administration for Eliminating Discrimination and Denial of Services on the Basis of Race, Color, National Origin, Sex, and Handicapping Conditions.
• EFFECTIVE DATE (ELECTRONIC CONVERSION): The Methods of Administration and the Sex Equity Requirements explain how the Department of Education will meet its civil rights responsibilities as a recipient of federal funds for the offering or administration of vocational programs.
• EFFECTIVE DATE (ELECTRONIC CONVERSION): The Methods of Administration are required by guidelines issued by the U.S. Department of Education. The guidelines are the result of injunctive orders entered by the United States District Court for the District of Columbia in Adams v. Califano.
• EFFECTIVE DATE (ELECTRONIC CONVERSION): The guidelines are derived from, and provide guidance supplementary to, Title VI of the Civil Rights Act of 1964 and the implementing regulation (45 CFR Part 80), Title IX of the Education Amendments of 1972 and the implementing regulation (45 CFR Part 86), and Section 504 of the Rehabilitation Act of 1973 and the implementing regulation (45 CFR Part 84).
• EFFECTIVE DATE (ELECTRONIC CONVERSION): Maine's Methods of Administration or MOA identifies how the Department of Education (DE) will monitor vocational programs to ensure local and state compliance with Title VI, and Title IX and Section 504. In summary, the MOA requires a desk or agency level audit of all vocational programs as the initial step in identifying which programs will be the subject of on-site reviews. The desk audit is conducted based on available information regarding program enrollment and performance. Onsit reviews are scheduled to verify information used or identified as a result of the desk audit. Those on-site reviews are not scheduled to be conducted with regard to school approval or program review visitation schedules. However, MOA on site reviews may be scheduled to be conducted with other on site visitations when their schedules coincide.
• EFFECTIVE DATE (ELECTRONIC CONVERSION): Local educational agencies offering vocational education programs are required to be knowledgeable of and implement the requirements of the MOA. Any questions or concerns regarding the MOA are to be addressed to:
• EFFECTIVE DATE (ELECTRONIC CONVERSION): Assistant to the Commissioner
• EFFECTIVE DATE (ELECTRONIC CONVERSION): Department of Education
• EFFECTIVE DATE (ELECTRONIC CONVERSION): 23 State House Station
• EFFECTIVE DATE (ELECTRONIC CONVERSION): Augusta, ME 04333
• EFFECTIVE DATE (ELECTRONIC CONVERSION): All other questions or concerns should be addressed to:
• EFFECTIVE DATE (ELECTRONIC CONVERSION): Sex Equity Consultant
• EFFECTIVE DATE (ELECTRONIC CONVERSION): Department of Education
• EFFECTIVE DATE (ELECTRONIC CONVERSION): 23 State House Station
• EFFECTIVE DATE (ELECTRONIC CONVERSION): Augusta, ME 04333
• EFFECTIVE DATE (ELECTRONIC CONVERSION): APPENDIX E
• EFFECTIVE DATE (ELECTRONIC CONVERSION): SEX EQUITY
• EFFECTIVE DATE (ELECTRONIC CONVERSION): A school administrative unit, operating in the State of Maine and approved by the Board of Education to operate vocational programs, must conduct activities which will ensure that sex discrimination and sex stereotyping are eliminated from any activity associated with the offering of a vocational program, service, or activity. In doing this, vocational program providers are to:
• EFFECTIVE DATE (ELECTRONIC CONVERSION): 1. Maintain Information on the status of female and male students and employees enrolled in, or associated with, a vocational program either as a teacher, aide, or provider of a particular service of activity to students enrolled in a vocational program;
• EFFECTIVE DATE (ELECTRONIC CONVERSION): 2. Coordinate with sending schools for the review of vocational educational programs, including career guidance and counseling, for sex stereotyping and sex bias with particular attention to practices which tend to inhibit the entry of women or men in nontraditional occupations;
• EFFECTIVE DATE (ELECTRONIC CONVERSION): 3. Provide the State Board with an assessment of the SAU's progress in regard to overcoming sex discrimination and sex stereotyping as part of the school's accreditation and program review process; and
• EFFECTIVE DATE (ELECTRONIC CONVERSION): 4. Develop programs of information and outreach for youth and adults concerning vocational education and nontraditional employment opportunities.
• EFFECTIVE DATE (ELECTRONIC CONVERSION): In fulfilling the above requirements, technical assistance is available through the Bureau of Adult and Secondary Vocational Education. Financial resources are also available through the Vocational Education Act.
• EFFECTIVE DATE (ELECTRONIC CONVERSION): Where SAU's provide vocational programs, services or activities to single parents and displaced homemakers or special programs of sex equity to female and male students, these SAU's are encouraged to provide child care for the children of students as well as transportation where as economic need is shown to exist or where offering such a service will make vocational education more accessible.
• EFFECTIVE DATE (ELECTRONIC CONVERSION): APPENDIX F
• EFFECTIVE DATE (ELECTRONIC CONVERSION): STUDENT PERSONNEL SERVICES IN APPROVED VOCATIONAL EDUCATION PROGRAMS
• EFFECTIVE DATE (ELECTRONIC CONVERSION): DE regulations governing basic school approval, Chapter 125.16, "Student personnel services, including guidance and counseling services, shall be available to all students in grades K through 12."
• EFFECTIVE DATE (ELECTRONIC CONVERSION): The following is offered as suggested minimum services for students in an approved secondary vocational education program:
• EFFECTIVE DATE (ELECTRONIC CONVERSION): I. Program Placement
• EFFECTIVE DATE (ELECTRONIC CONVERSION): Development and coordination of recruitment programs with all sending schools.
• EFFECTIVE DATE (ELECTRONIC CONVERSION): Scheduling of student visitations and conferences with vocational school staff.
• EFFECTIVE DATE (ELECTRONIC CONVERSION): Participation on the vocational education assessment team.
• EFFECTIVE DATE (ELECTRONIC CONVERSION): Participation in the selection of applicants for admission.
• EFFECTIVE DATE (ELECTRONIC CONVERSION): Management of student records.
• EFFECTIVE DATE (ELECTRONIC CONVERSION): Collaboration with sanding school guidance and administrative staff .
• EFFECTIVE DATE (ELECTRONIC CONVERSION): II. Counseling
• EFFECTIVE DATE (ELECTRONIC CONVERSION): Provision of personal counseling services.
• EFFECTIVE DATE (ELECTRONIC CONVERSION): Participation in P.E.T. meetings.
• EFFECTIVE DATE (ELECTRONIC CONVERSION): Initiating consultations and referrals.
• EFFECTIVE DATE (ELECTRONIC CONVERSION): Monitoring of student progress.
• EFFECTIVE DATE (ELECTRONIC CONVERSION): III. Career Guidance
• EFFECTIVE DATE (ELECTRONIC CONVERSION): Conducting career seminars.
• EFFECTIVE DATE (ELECTRONIC CONVERSION): Maintaining a community resource file rotated to career options.
• EFFECTIVE DATE (ELECTRONIC CONVERSION): Conducting workshops for parents and staff to increase understanding of career guidance services.
• EFFECTIVE DATE (ELECTRONIC CONVERSION): Coordinating student participation in community-based career exploration programs.
• EFFECTIVE DATE (ELECTRONIC CONVERSION): Utilizing computerized career information systems including local and national labor market information.
• EFFECTIVE DATE (ELECTRONIC CONVERSION): Counseling students concerning job hunting, job keeping and career decision-making skills.
• EFFECTIVE DATE (ELECTRONIC CONVERSION): Maintaining and facilitating the use of a career resource center (if appropriate).
• EFFECTIVE DATE (ELECTRONIC CONVERSION): insuring commitment to sex equity and elimination of sex stereotyping.
• EFFECTIVE DATE (ELECTRONIC CONVERSION): IV. Follow-up
• EFFECTIVE DATE (ELECTRONIC CONVERSION): Conducting student follow-up activities.
• EFFECTIVE DATE (ELECTRONIC CONVERSION): Disseminating follow-up information to appropriate recipients.
• EFFECTIVE DATE (ELECTRONIC CONVERSION): APPENDIX G
• EFFECTIVE DATE (ELECTRONIC CONVERSION): PRE-VOCATIONAL EDUCATION
• EFFECTIVE DATE (ELECTRONIC CONVERSION): Pre-vocational education is any broad-based exploratory program that allows a student to gain experiences in a number of areas prior to making career or vocational choices. These experiences way be provided in such programs as Industrial Arts/Technology Education, Consumer and Home Economics Education, Agriculture and Natural Resources, Business Education and Career Education and through Sex Equity or Single Parent and Homemaker programs. The intent of pre-vocational education is to provide opportunity for the student to:
• EFFECTIVE DATE (ELECTRONIC CONVERSION): a. Learn basic safety and health practices for everyday living,
• EFFECTIVE DATE (ELECTRONIC CONVERSION): b. Develop an awareness of occupational and career alternatives,
• EFFECTIVE DATE (ELECTRONIC CONVERSION): C. Relate class activities to potential avocation and vocational pursuits,
• EFFECTIVE DATE (ELECTRONIC CONVERSION): d. Discover and develop individual talents, interests, and aptitudes related to the world of work and become aware of the choices available for education, training, and career opportunities in a manner free of sex bias or stereotyping,
• EFFECTIVE DATE (ELECTRONIC CONVERSION): e. Apply problem-solving techniques to a variety of technological and societal situations,
• EFFECTIVE DATE (ELECTRONIC CONVERSION): f. Apply and reinforce basic academic skills including Life management skills in practical situations.
• EFFECTIVE DATE (ELECTRONIC CONVERSION): Through those experiences, students have the opportunity to gain the knowledge, skills, and attitudes to select their specialized field in vocational education. Pre-vocational education programs also allow for the necessary assessment of special needs students.
• EFFECTIVE DATE (ELECTRONIC CONVERSION): APPENDIX H
• EFFECTIVE DATE (ELECTRONIC CONVERSION): GUIDELINES FOR THE SCREENING OF STUDENTS INTO SECONDARY
• EFFECTIVE DATE (ELECTRONIC CONVERSION): SCHOOL VOCATIONAL PROGRAMS
• EFFECTIVE DATE (ELECTRONIC CONVERSION): The following uniform minimal guidelines for admission have been developed to be consistent with the philosophy end Soots of vocational education. The guidelines include:
• EFFECTIVE DATE (ELECTRONIC CONVERSION): A. Criteria for Selection - these items are identified as significant categories in considering whether a vocational course adequately meets the needs of the student and whether the student meets the requirements for a vocational program.
• EFFECTIVE DATE (ELECTRONIC CONVERSION): 1. Student must be in compliance with applicable secondary school vocational education laws relative to admission.
• EFFECTIVE DATE (ELECTRONIC CONVERSION): 2. Student interest and need for the program selected should be established and documented.
• EFFECTIVE DATE (ELECTRONIC CONVERSION): 3. Post performance through student records should be considered, specialty related courses which might have a bearing on success in the vocational program.
• EFFECTIVE DATE (ELECTRONIC CONVERSION): 4. A recommendation should be required from appropriate sending and receiving school personnel.
• EFFECTIVE DATE (ELECTRONIC CONVERSION): 5. Student should display positive attitude, ambition, and a willingness to work.
• EFFECTIVE DATE (ELECTRONIC CONVERSION): 6. Unexcused absences in attendance should be considered as a strong factor.
• EFFECTIVE DATE (ELECTRONIC CONVERSION): 7. Aptitude and interest tests should be considered.
• EFFECTIVE DATE (ELECTRONIC CONVERSION): 8. Any program prerequisite should not be used as a criteria for excluding males, females or special needs students from attending vocational education programs.
• EFFECTIVE DATE (ELECTRONIC CONVERSION): 9. Student should possess the potential to perform skills associated with the program chosen.
• EFFECTIVE DATE (ELECTRONIC CONVERSION): 10. Final selection of students should be a combined effort between the local school administrative unit and the center/region for special needs students. This combined effort is a result of the P.E.T. process.
• EFFECTIVE DATE (ELECTRONIC CONVERSION): B. Suggested Process for Admission
• EFFECTIVE DATE (ELECTRONIC CONVERSION): 1. A general orientation should be provided for all grade 10 students and grade 11 students who are interested in one year programs.
• EFFECTIVE DATE (ELECTRONIC CONVERSION): 2. Individual interview or small group conference should be conducted for the student by the sending school personnel.
• EFFECTIVE DATE (ELECTRONIC CONVERSION): 3. A student visitation of the vocational facility should be made to observe a program(s) of interest.
• EFFECTIVE DATE (ELECTRONIC CONVERSION): 4. The student should meet with vocational personnel for mutual assessment purposes.
• EFFECTIVE DATE (ELECTRONIC CONVERSION): 5. The student should complete an application for admittance.
• EFFECTIVE DATE (ELECTRONIC CONVERSION): C. Employing the Quota System - the guidelines indicate that each sending school be provided with a number of placements. These placements are proportional to the number of grade 10 students in their school:
• EFFECTIVE DATE (ELECTRONIC CONVERSION): 1. A systematic allocation of available placements shall be distributed to all sending schools.
• EFFECTIVE DATE (ELECTRONIC CONVERSION): 2. A waiting List for over subscribed programs shall be established.
• EFFECTIVE DATE (ELECTRONIC CONVERSION): 3. A system for reallocation of placements in programs not filled when the program commences shall be established.
• EFFECTIVE DATE (ELECTRONIC CONVERSION): 4. Preferential consideration should be given to those students who were unable to gain admittance to an over subscribed program.
• EFFECTIVE DATE (ELECTRONIC CONVERSION): 5. in selecting students for admission, consideration should be given to enrolling females, males, and special needs students in numbers consistent with the general school population to ensure equal representation.
• EFFECTIVE DATE (ELECTRONIC CONVERSION): APPENDIX I
• EFFECTIVE DATE (ELECTRONIC CONVERSION): STUDENT ORGANIZATIONS
• EFFECTIVE DATE (ELECTRONIC CONVERSION): Student organizations which provide for participation in local, state, regional, and/or national activities are a significant means of developing leadership skills and are an integral part of an occupational education curriculum. Student organizations provide a structure for developing leadership, building character, instilling a cooperative spirit and inspiring civic pride, responsibility, self-confidence, and public service. Employers have consistently confirmed that occupational competence requires positive attitudes, values, and initiative, in addition to technical skills.
• EFFECTIVE DATE (ELECTRONIC CONVERSION): Each education agency should provide to every student the opportunity for participation in student leadership development activities. All occupational education students should be provided the opportunity to participate in the educational activities of the students, organizations) which most directly relate(s) to their chosen instructional program. The occupational education student organizations recognized by the Bureau of Adult and Secondary Vocational Education and the U. S. Office of Education
• EFFECTIVE DATE (ELECTRONIC CONVERSION): include:
• EFFECTIVE DATE (ELECTRONIC CONVERSION): Agriculture and National Future Farmers of America
• EFFECTIVE DATE (ELECTRONIC CONVERSION): Resources Education (FFA)
• EFFECTIVE DATE (ELECTRONIC CONVERSION): Marketing Education Distributive Education Clubs of (Marketing)
• EFFECTIVE DATE (ELECTRONIC CONVERSION): Education America (DECA)
• EFFECTIVE DATE (ELECTRONIC CONVERSION): Business Education Future Business Leaders of America (FBLA)
• EFFECTIVE DATE (ELECTRONIC CONVERSION): Health Occupations Health Occupations Students of America
• EFFECTIVE DATE (ELECTRONIC CONVERSION): Education (HOSA)
• EFFECTIVE DATE (ELECTRONIC CONVERSION): Technology Education Technology Student Association
• EFFECTIVE DATE (ELECTRONIC CONVERSION): (Industrial Arts) (TSA)
• EFFECTIVE DATE (ELECTRONIC CONVERSION): Trade and Industrial Vocational Industrial Clubs of
• EFFECTIVE DATE (ELECTRONIC CONVERSION): Education America (VICA)
• EFFECTIVE DATE (ELECTRONIC CONVERSION): Consumer and Home Future Homemakers of America/
• EFFECTIVE DATE (ELECTRONIC CONVERSION): Economics Education Home Economics-Rotated Occupations (FHA/HERO)
• EFFECTIVE DATE (ELECTRONIC CONVERSION): Additional information regarding student organization is available from respective state program consultants.
• EFFECTIVE DATE (ELECTRONIC CONVERSION): The payment of membership dues Is a voluntary act on the part of the student. However, dues may be required for participation in Local, regional, state, or national activities.
• EFFECTIVE DATE (ELECTRONIC CONVERSION): APPENDIX J
• EFFECTIVE DATE (ELECTRONIC CONVERSION): VOCATIONAL ASSESSMENT
• EFFECTIVE DATE (ELECTRONIC CONVERSION): I. SCOPE
• EFFECTIVE DATE (ELECTRONIC CONVERSION): An assessment of the interests, abilities, and special needs of students with respect to predicting successful completion of the vocational education program shall be provided.
• EFFECTIVE DATE (ELECTRONIC CONVERSION): Vocational assessment is a comprehensive, ongoing process - K through Adult - with the purpose of identifying individual characteristics, strengths, weaknesses, interests, education, training, and placement needs in a manner which considers individual interests and abilities free of sex bias and sex role stereotyping. The goal of this process is to provide students with insight into their vocational potential and to provide educators and parents/guardians the basis for planning a student's individual vocational program.
• EFFECTIVE DATE (ELECTRONIC CONVERSION): II. SEQUENCE
• EFFECTIVE DATE (ELECTRONIC CONVERSION): The following is a recommended delivery system of assessment based on a three-level hierarchy. The responsibilities and activities of each Level are described.
• EFFECTIVE DATE (ELECTRONIC CONVERSION): Level 1: Analyze information which is currently available for all
• EFFECTIVE DATE (ELECTRONIC CONVERSION): students.
• EFFECTIVE DATE (ELECTRONIC CONVERSION): 1. School records
• EFFECTIVE DATE (ELECTRONIC CONVERSION): a. academic achievement
• EFFECTIVE DATE (ELECTRONIC CONVERSION): b. Intelligence test results
• EFFECTIVE DATE (ELECTRONIC CONVERSION): C. attendance
• EFFECTIVE DATE (ELECTRONIC CONVERSION): d. medical history social history
• EFFECTIVE DATE (ELECTRONIC CONVERSION): 2. Interviews with
• EFFECTIVE DATE (ELECTRONIC CONVERSION): a. student
• EFFECTIVE DATE (ELECTRONIC CONVERSION): b. teacher
• EFFECTIVE DATE (ELECTRONIC CONVERSION): c. parent/guardian
• EFFECTIVE DATE (ELECTRONIC CONVERSION): 3. Special education records
• EFFECTIVE DATE (ELECTRONIC CONVERSION): a. current multidisciplinary evaluation team report
• EFFECTIVE DATE (ELECTRONIC CONVERSION): b. IEP
• EFFECTIVE DATE (ELECTRONIC CONVERSION): c. IVEP
• EFFECTIVE DATE (ELECTRONIC CONVERSION): It is the responsibility of the teacher, counselor, teacher consultant, or assigned professional to compile Level I data and share this report with staff required to complete Level 11 activities.
• EFFECTIVE DATE (ELECTRONIC CONVERSION): Level II: Special information on ability, interest, achievement, and behavior
• EFFECTIVE DATE (ELECTRONIC CONVERSION): as it would relate to vocational programming.
• EFFECTIVE DATE (ELECTRONIC CONVERSION): 1. Administer interest Inventory
• EFFECTIVE DATE (ELECTRONIC CONVERSION): 2. Administer ability/aptitude measures
• EFFECTIVE DATE (ELECTRONIC CONVERSION): 3. Complete a behavioral valuation form
• EFFECTIVE DATE (ELECTRONIC CONVERSION): 4. Administer social awareness scale
• EFFECTIVE DATE (ELECTRONIC CONVERSION): Level it assessments should be completed by professionals trained in the use of the test instruments. A vocational assessment report must be completed following Level I and Level II activities and prior to vocational placement.
• EFFECTIVE DATE (ELECTRONIC CONVERSION): Level III: If it is determined that data in addition to Level I and II information
• EFFECTIVE DATE (ELECTRONIC CONVERSION): is required, then a referral will be made for a Level III evaluation. This referral will contain specific questions to be addressed during the Level III evaluation.
• EFFECTIVE DATE (ELECTRONIC CONVERSION): Level III evaluation is a multi-dimensional, comprehensive evaluation for students needing hands-on simulated work experiences designed to measure perceptional skills, psychomotor skills, and physical stamina/agility.
• EFFECTIVE DATE (ELECTRONIC CONVERSION): 1. Administer work samples
• EFFECTIVE DATE (ELECTRONIC CONVERSION): 2. Administer aptitude tests
• EFFECTIVE DATE (ELECTRONIC CONVERSION): 3. Observe and record work behavior
• EFFECTIVE DATE (ELECTRONIC CONVERSION): 4. Situational assessment
• EFFECTIVE DATE (ELECTRONIC CONVERSION): 5. Administer other appropriate tests
• EFFECTIVE DATE (ELECTRONIC CONVERSION): Level III assessment should be performed by a trained vocational evaluator.
• EFFECTIVE DATE (ELECTRONIC CONVERSION): Information obtained from vocational assessment way be used in the following ways:
• EFFECTIVE DATE (ELECTRONIC CONVERSION):  to determine whether vocational program placement is appropriate;
• EFFECTIVE DATE (ELECTRONIC CONVERSION): 
• EFFECTIVE DATE (ELECTRONIC CONVERSION):  to determine the applicability of services available to special population students;
• EFFECTIVE DATE (ELECTRONIC CONVERSION): 
• EFFECTIVE DATE (ELECTRONIC CONVERSION):  to determine need for remediation/developmental studies;
• EFFECTIVE DATE (ELECTRONIC CONVERSION): 
• EFFECTIVE DATE (ELECTRONIC CONVERSION):  to identify the need for other modifications such as adoptions of curriculum, methods of instruction, equipment, and facilities;
• EFFECTIVE DATE (ELECTRONIC CONVERSION): 
• EFFECTIVE DATE (ELECTRONIC CONVERSION):  to provide a data base for guidance counseling and career development activities for Individual students; and to assist the student in cooperative education, work experience, or job placement.
• EFFECTIVE DATE (ELECTRONIC CONVERSION): Eligibility of educational handicapped students to participate in vocational programs is determined by the Pupil Evaluation Team. Participation may be limited to specific aspects of the program, extended beyond the normal time prescribed by the curriculum, or otherwise modified to accommodate the special needs of the educationally handicapped student. These modifications must be part of the student's IEP; the IEP must also provide for sufficient support services so that the regular program will not be compromised.

Chapter 236 Program Evaluation Requirements

Code Me. R. 05-071 Ch. 236 Program Evaluation Requirements {#sec-05-071-ch.-236 omnilex-key=us-me-regs-official--dept-education-and-state-board-education--05-071 Ch. 236}

SUMMARY: Vocational Education programs must be evaluated for compliance with Federal legislation. The evaluation requirements are set forth in this policy.

1. Compliance Criteria

A. Each vocational education program will be evaluated once every five years.

B. The Bureau of Vocational Education will develop a plan and schedule for each of the vocational education program evaluations.

C. Evaluations for the VTI's will be those conducted by the New England Association of Schools and Colleges for member institutions.

D. Evaluations of secondary vocational education programs may be those conducted by the New England Association of Schools and Colleges for member institutions. Additional instruments and procedures may be required by the State Board and Advisory Council.

E. Evaluations of secondary vocational education programs may be conducted by other qualified agencies by contract with the local agency or the State Department.

F. The instruments and procedures to be used for evaluation of of vocational education programs will be approved by the State Board of Education and the Maine Advisory Council on Vocational Education and will be used as a basis for continued program approval by the State Board.

G. The State Board, the Maine Advisory Council, and the Bureau of Vocational Education will be invited to participate, ex officio, in the evaluation of any vocational education programs.

History

• STATUTORY AUTHORITY: PL 94 - 492
• STATUTORY AUTHORITY: State Board Policy Oct. 1977
• EFFECTIVE DATE: June 21, 1979 (EMERGENCY)
• EFFECTIVE DATE OF PERMANENT RULE: August 30, 1979
• EFFECTIVE DATE (ELECTRONIC CONVERSION): May 19, 1996
• EFFECTIVE DATE (ELECTRONIC CONVERSION): 05-071 Chapter 236 page 1

Chapter 237 Live or Outside Work

Code Me. R. 05-071 Ch. 237 “live or Outside Work” {#sec-05-071-ch.-237 omnilex-key=us-me-regs-official--dept-education-and-state-board-education--05-071 Ch. 237}

Summary: In order to provide practical experiences to vocational students, it is sometimes necessary to obtain work from outside the school community. The primary goal of the live work process is to enhance the educational offerings of vocational/ technical programs so that students can reach and master the competencies in a specific vocational area. However, schools must not compete unfairly with the private sector.

1. Definition

Live or Outside Work

An actual work situation as opposed to a practice piece. Practice pieces are normally torn down after construction or service. (Example: the building of a structure for use by a person or agency or the repair of an automobile or electrical appliance for use by a consumer is a live work project.)

2. Local Requirements for “Live or Outside Work”

When conducting live work or bringing school-based enterprise projects into the curriculum, schools must work with the local program advisory committees. Schools must obtain support and leadership from the business community to avoid any unreasonable negative impact on private business. Together they should establish a formal process for problem solving and dispute resolution, and develop accountability systems that can measure and evaluate the operation, effectiveness, and business and community roles of these enterprises and activities.

A. All vocational education programs, school-to-work programs and school-based enterprises that are at least in part funded by Federal or State funds must have a program advisory committee with broad representation of business and industry, to include the full range of sizes of the businesses in the area. The majority of members of the program advisory committee must come from the private sector.

B. All vocational education programs, school-to-work programs and school-based enterprises that are at least in part funded by Federal or State funds must have a live work policy in place. An established live work policy will:

05-071 Chapter 237 page 2

1. insure that all expenditures and receipts are thoroughly accounted for

2. include a local grievance procedure

3. state that work will be accepted in a manner that will best enhance the present learning objectives of the students

4. identify in writing who may qualify to request/receive live work products or services

C. The appropriate program advisory committee and the governing board of the schools must approve each live work policy.

D. Policies and procedures for administering “live work” must be filed with the Maine Department of Education for its review to assure compliance with this rule. Any amendments to such policies and procedures are also subject to Department of Education review.

E. Annually the program advisory committees and the governing boards must review the live work policies and send evidence of this review to the Maine Department of Education.

History

• STATUTORY AUTHORITY: 20-A MRSA Section 8306-A
• EFFECTIVE DATE: June 21, 1979 (EMERGENCY)
• EFFECTIVE DATE OF PERMANENT RULE: August 30, 1979
• EFFECTIVE DATE (ELECTRONIC CONVERSION): May 19, 1996
• AMENDED: July 18, 1999

Chapter 301 State Board of Education Members, Removal from Office by Governor

Code Me. R. 05-071 Ch. 301 State Board of Education Members, Removal from Office by Governor {#sec-05-071-ch.-301 omnilex-key=us-me-regs-official--dept-education-and-state-board-education--05-071 Ch. 301}

SUMMARY: This chapter outlines the procedure and criteria by which the State Board of Education may recommend to the Governor the removal of a member from office prior to completion of the term of appointment for failure to perform the duties of office.

Section 1. Criteria for removal

The State Board of Education shall recommend to the Governor the removal of a member prior to completion of the term of office if the member:

A. Is absent without excuse from three (3) regular Board meetings within a twelve month period, or;

B. Exhibits a pattern of repeated and willful failure to follow through in a timely manner on responsibilities assigned and assumed, or;

C. Exhibits repeated inability to vote or act on agenda items because of conflict of interest.

When a member must be absent from a regular meeting or subcommittee meeting of the State Board of Education for any reason, that member shall contact the Board Chairman and request to be excused from the meeting; if the Chairman must be absent, he/she shall contact the Vice-Chairman. The Chairman, or Vice Chairman in the case of absence of the Chairman, shall determine whether or not the request shall be granted. The minutes of each meeting shall reflect the names of the members present, those absent with excuse (if any) and those absent without excuse (if any).

An absence for any of the following reasons requested in advance shall be routinely considered an excused absence: illness of the member or member of his/her immediate family, death in the member's immediate family, a short-term immediate family obligation, or an unavoidable commitment related to the member's employment (so long as such a commitment is not of the type which prevents the member from attending on a regular basis). Absences for reasons other than those identified above shall be considered by the Board Chairman on an individual basis.

Section 2. Procedure for Removal

The Board shall take the following action when a member is absent without excuse, exhibits a pattern of repeated and willful failure to follow through on responsibilities, or exhibits repeated inability to vote or act on agenda items because of conflict of interest:

A. After two (2) unexcused absences from regular meetings within a twelve month period, or if the member appears to have demonstrated a repeated pattern of willful failure to follow through in a timely manner on responsibilities assigned and assumed, or if the member appears to have demonstrated a repeated pattern of inability to vote or act on agenda items because of conflict of interest, the member shall be notified in writing by the Board informing him/her that a third unexcused absence from a regular meeting within a twelve month period,, or failure to follow through in a timely manner on responsibilities assigned and assumed, or inability to vote or act on agenda items because of conflict of interest will constitute cause for the Board to recommend to the Governor that the member be removed from off ice prior to the completion of his/her term.

B. After three (3) unexcused absences from regular meetings within a twelve month period, or if a member has demonstrated a repeated pattern of willful failure to follow through in a timely manner on responsibilities assigned and assumed, or if a member has demonstrated a repeated pattern of inability to vote or act on agenda items because of conflict of interest, the Board shall notify said member in writing that the Board will consider recommending to the Governor that the Board member be removed from office immediately at the next regular meeting of the Board or at a special meeting called for the purpose of considering this matter.

C. At the meeting where the removal of the member from office, in accordance with this policy, is being considered, the Board member who is the subject of the action shall be provided the opportunity to present his/her reasons why the Board should not recommend removal from office.

D. Following deliberations, the Board shall vote whether or not to recommend removal from office. An affirmative vote of two-thirds of the Board members shall be required to recommend removal.

E. Should the Governor remove the member from office prior to the completion of his/her term of appointment in accordance with this policy,, the vacancy shall be filled according to law.

History

• STATUTORY AUTHORITY: 20-A MRSA section 401, sub-section 4
• EFFECTIVE DATE: December 21, 1988
• EFFECTIVE DATE (ELECTRONIC CONVERSION): May 19, 1996
• EFFECTIVE DATE (ELECTRONIC CONVERSION): 05-071 Chapter 301 page 1