CHAPTER 338
H.P. 842 - L.D. 1147
An Act to Ensure Consistency Between State and Federal Special Education Requirements
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 20-A MRSA §7004 is enacted to read:
1. Rulemaking. The department shall identify in its regulatory agenda, when feasible, a proposed rule or provision of a proposed rule that is anticipated to be more stringent than the federal statute or regulation, if an applicable federal statute or regulation exists.
During the consideration of any proposed rule, when feasible, and using information available to it, the department shall identify provisions of the proposed rule that the department believes would impose a regulatory burden more stringent than the burden imposed by the corresponding federal statute or regulation, if such a federal statute or regulation exists, and explain in a separate section of the basis statement the justification for the difference between the agency rule and the federal statute or regulation.
Sec. 2. Current rules; review. Any rule of the Department of Education concerning special education in existence on the effective date of this Act is subject to the review requirements of this Act for proposed rules. The department shall evaluate the current rules concerning special education, identify provisions believed to impose a regulatory burden more stringent than the burden imposed by the corresponding federal statute or regulation, if such a statute or regulation exists, and explain the justification for the difference. The department shall report the results of this evaluation to the Joint Standing Committee on Education and Cultural Affairs no later than December 15, 1997.
Effective September 19, 1997, unless otherwise indicated.
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