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Maine Education Commissioner Tries To Adopt Regulation Without Authority
The Maine Commissioner of Education has given public notice that he intends to adopt a regulation concerning non-approved private schools. He does not, however, have any authority to do this.
State agencies only have power to adopt regulations if the legislature specifically gives them that power. The Maine legislature has not given power to the commissioner to adopt regulations for non-approved private schools. Regulations an agency adopts without having legislative authority are of no effect. We have written the Commissioner and explained this.
The content of the proposed regulation is nearly identical to the current "Guidelines." The only significant change is that it adds "fine arts" and health as required subjects. With this change, the subjects required for a non-approved private school are the same as those for home instruction under Chapter 130.
We are not asking our members to take any action.