Section 071-101-XIII - GENERAL SUPERVISION SYSTEM1.Department Approval.Children with disabilities from birth to age 20 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.2.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's exercise 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. [20 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:(4)Needs Substantial InterventionD.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:
A.Requirement of proof of utilization of technical assistance and identified resources;B.Commissioner directing the use of the SAU funds on the areas demonstrating continued need;C.Withholding of State subsidy payments to eligible SAUs;D.Withholding of special education or other federal grant funds SAUs and/or programs which are sub-recipients; and/orE.Referral to the Office of Attorney General for appropriate civil action. (See 20-A MRSA §6801-A and § 7206) 5.Communities without SchoolsIn 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:
A.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;B.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;C.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;D.The sending SAU will work with the receiving SAU to satisfy requirements for correcting non-compliance;E.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.)
05-071 C.M.R. ch. 101, § XIII