An Act Regarding the Continued Provision of Free and Appropriate Public Education for Eligible Children of Kindergarten Age
Maine Legislature, Session 121, LD 1960
Amends: 20-A MRSA §7001, 20-A MRSA §7725, 20-A MRSA §7727

Legislative Document 
No. 1960 
S.P.801 
In Senate, April 8, 2004 
An Act Regarding the Continued Provision of Free and Appropriate 
Public Education for Eligible Children of Kindergarten Age 
Reported by Senator DOUGLASS of Androscoggin for the Joint Standing Committee on 
Education and Cultural Affairs pursuant to Joint Order 2003, S.P. 680 
Printed on recycled paper 
JOY J. O'BRIEN 
Secretary of the Senate 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 20-A MRSA §7001, sub-§2, as amended by PL 
2003, c. 
477, §6, is further amended by adding a new paragraph at the end 
to read: 
Notwithstanding 
paragraph 
A, 
"exceptional 
student" 
does 
not 
include a child who reaches 5 years of age between September 1st 
and October 
15th who 
is already receiving free, 
appropriate 
public education services through the Child Development Services 
System and whose parent chooses, in accordance with rules adopted 
by the commissioner, 
not to enroll the child in kindergarten 
until the start of the following school year. 
Sec. 2. 20-A MRSA §7001, sub-§4, 1[B-l is enacted to read: 
B-l. 
Notwithstanding paragraph B, has reached 5 years of 
age 
between September 1st and October 
15th, 
is already 
receiving 
free, 
appropriate 
public 
education 
services 
through 
the Child Development Services 
System 
and whose 
parent chooses, 
in accordance with rules adopted by the 
commissioner, not to enroll the child in kindergarten until 
the start of the following school year. 
Sec. 3. 20-A MRSA §7725. sub-§I, as amended by PL 1993, c. 
625, §3, is further amended to read: 
1. 
Child Development Services System. 
"Child Development 
Services 
System," 
or 
"CDS," 
means 
regional 
sites, 
or 
their 
successor sites, a state-level intermediate educational uni t~ 
its successor, and the Interdepartmental Coordinating Council for 
Early Intervention, or its successor, established to ensure the 
provision of childfind activities, early intervention services 
and free, appropriate aaa public education services to eligible 
children. 
Sec. 4. 20-A MRSA §7727. sub-§3. as amended by PL 2001, c. 
510, §1, is further amended to read: 
3. Rule-making authority. 
The commissioner may adopt rules 
necessary to implement this chapter in accordance with the Maine 
Administrative Procedure Act. 
Rules 
adopted pursuant to this 
chapter that establish and maintain a 
statewide network that 
ensures the provisions of bsilaEiaa childfind for families and 
children from birth to 
§--y~-s---o-E--aC3e under 6 years of age and 
rules 
governing 
the 
eligibility 
for 
and 
delivery 
of 
free L 
appropriate 
public 
education 
services 
to 
children 
with 
disabili ties from birth to 
§--y~-6--o-E--aC3e under 6 years of age 
and their families are major substantive rules as defined in 
Title 5, chapter 375, subchapter Il-A 2-A. 
Page l-LR2872(l) 
Sec. 5. 20-A MRSA §7727, sub-§5, 1[1[B and C, as renumbered by PL 
2001, c. 471, Pt. C, §4 and affected by §10, are amended to read: 
B. 
That preschool children with disabilities, from age 3 to 
under age 6, including those children who reach 5 years of 
age between September 1st and October 15th who are already 
receiving 
free, 
appropriate 
public 
education 
services 
through the 
Child Development Services 
System 
and 
whose 
parents choose, 
in accordance with rules adopted by the 
commissioner, not to enroll those children in kindergarten 
until the start of the following school year, have free, 
appropriate public education services available to them at 
no cost to the family; 
C. 
That 
rules 
are 
developed, 
adopted 
and 
implemented 
describing minimum standards for the following: 
(1) 
Least restrictive environment; 
(2) 
Nondiscrimination; 
(3) 
Rights of parents, including, beginning in school 
year 2004-2005, the right to choose to not enroll in 
kindergarten until the start of the following school 
year a child with disabilities who is already receiving 
free, appropriate public education services through the 
Child Development Services System and who will reach 5 
years of age between September 1st and October 15th; 
(4) 
Free anaL appropriate public education services; 
(5) 
Eligibility criteria; 
(6) 
The federal "childfind" program; 
(7) 
Program 
development, 
service 
descriptors 
and 
service delivery; 
(8) 
Early childhood team; 
(9) 
Individualized family service plan; 
(10) 
Statements of assurances; 
(11) 
Procedural safeguards and appeals processes; 
(12) 
Due process hearings; 
(13) 
Confidentiality of information; 
(14) 
Data collection, reporting and utilization; 
(15) 
Surrogate parents; 
(16) 
Standardized procedures and rates of payment for 
early 
intervention 
and 
free 
appropriate 
public 
education services; and 
(17) 
Frequency and intensity of developmental therapy 
and special instruction services; 
Sec. 6. Deappropriation from General Purpose Aid for Local Schools 
account to provide state funds for S-year-old children who continue to 
receive free, appropriate public education services through Child 
Development Services System. 
Notwithstanding any provision of the 
Maine Revised Statutes, Title 20-A, 
chapter 606 or 606-A, 
the 
Commissioner 
of 
Education 
shall 
determine 
the 
adjustment 
necessary to the statewide adjustment factor under section 15654, 
subsection 1, paragraph B in order to adjust for the amount of 
state funds that are deappropriated from the General Purpose Aid 
for Local Schools account in fiscal year 2004-05 to reflect the 
savings 
attributable 
to 
the 
delayed 
entry 
of 
the 
eligible 
5-year-olds into kindergarten for the 2004-2005 school year. 
Sec. 7. Department of Education emergency rules: state and federal 
funding to provide free. appropriate public education services for eligible 
children of kindergarten age. 
The Department of Education shall 
engage in emergency rulemaking under the Maine Administrative 
Procedure Act in order to implement the continued provision of 
free, 
appropriate public education services authorized in this 
Act on or before August 6, 
2004. 
Emergency rules must also 
include 
provisions 
regarding 
the 
continued 
payment 
and 
apportionment 
of 
state 
funds 
provided 
for 
free, 
appropriate 
public education services for eligible children, including the 
state 
and 
federal 
MaineCare 
payment 
for 
providing 
free, 
appropriate public education services to any child who is already 
receiving these services through the Child Development Services 
System or its successor system, and whose parent chooses not to 
enroll the child in kindergarten until the start of the 2005-2006 
school 
year. 
For 
the 
purposes 
of 
this 
section, 
"free, 
appropriate public education services" means those services as 
described under the Maine Revised Statutes, Title 20-A, section 
7725, subsection 5, and it is the intent of the Legislature that 
such services must continue to be provided to eligible children 
at no cost to the family. 
The Department of Education shall take 
steps to request and obtain any federal approval necessary to 
amend 
the 
State's 
plan 
for 
meeting 
requirements 
of 
the 
federal 
Education Act, 20 United States 
the state fiscal year 2004-05. 
Indi viduals 
with 
Disabilities 
Code, Section 1400, et seq. for 
Sec. 8. Department of Human Services emergency rules: MaineCare 
reimbursement for free. appropriate public education services for eligible 
children of kindergarten age. 
The 
Department of 
Human 
Services 
shall 
engage 
in 
emergency 
rulemaking 
under 
the 
Maine 
Administrative Procedure Act in order to implement the continued 
payment and apportionment of state and federal MaineCare funds 
authorized 
in this 
Act 
on 
or 
before 
August 
6, 
2004. 
The 
Department of Human Services shall obtain any federal approval 
necessary to amend the state plan for the utilization of state 
and federal Medicaid funds for the state fiscal year 2004-05. 
Sec. 9. Emergency major substantive rules; effective dates. 
The 
major substantive rules adopted pursuant to this Act must be 
presented by the Department of Education and the Department of 
Human 
Services 
for 
legislative 
review 
in 
the 
First 
Regular 
Session of the 122nd Legislature, except that the Commissioner of 
Education 
and 
the 
Commissioner 
of 
Human 
Services 
may 
adopt 
emergency rules pursuant to the Maine Revised Statutes, Title 5, 
section 8073 for fiscal year 2004-05. 
Notwithstanding Title 5, 
section 
8073 
the 
emergency 
rules 
adopted 
in accordance with 
section 8 and this section may be effective until the Legislature 
has completed review of the provisionally adopted rules submitted 
by 
the 
Department 
of 
Education 
and 
the 
Department of 
Human 
Services in the manner provided by Title 5, section 8072. 
Sec. 10. Commissioner of Education plan to ensure greater equity of 
education opportunities and efficiency in use of state and federal resources 
for eligible children from 3 years of age to under 6 years of age who have 
disabilities. 
The 
Commissioner 
of 
Education 
shall 
develop 
and 
present 
a 
plan 
to 
ensure 
greater 
equity 
of 
education 
opportunities 
and 
greater 
efficiency 
in 
the 
use 
of 
early 
childhood education and preschool handicapped program resources, 
beginning no later than fiscal year 2005-06, for the continued 
implementation of free, 
appropriate public education services 
authorized in this Act for eligible children from 3 years of age 
to under 6 years of age who have a disability, pursuant to the 
Individuals with Disabilities Education Act, 
United States 
Code, section 1400, et seq. 
In examining equity and efficiency 
in the use of state and federal resources for early childhood 
education and preschool handicapped programs, 
the commissioner 
shall 
take 
into 
consideration 
relevant 
factors, 
which 
may 
include, 
but are not limited to, 
data related to 5-year-old 
children in the general population who are eligible to enroll in 
kindergarten, 
child count, 
Medicaid eligibility rate 
and 
the 
reports 
of 
early 
childhood 
teams 
regarding 
the 
eligibility status of children with disabilities who will reach 5 
years of age between September 1st and October 15th of each 
school 
year 
in 
the 
2006-2007 
state 
fiscal 
biennium. 
The 
commissioner shall present the plan described in this section to 
the 
joint 
standing 
committee 
of 
the 
Legislature 
having 
jurisdiction over education and cultural affairs during the 122nd 
Legislature on or before December 31, 2004. 
The joint standing 
committee of the Legislature having jurisdiction over education 
and 
cultural affairs 
is 
authorized 
to 
introduce 
legislation 
regarding 
the 
continued 
implementation 
of 
free, 
appropriate 
public education services authorized in this Act during the first 
regular session of the 122nd Legislature. 
Sec. 
11. 
Appropriations 
and 
allocations. 
appropriations and allocations are made. 
EDUCATION, DEPAR'l'MENT OF 
General Purpose Aid for Local Schools 
0308 
The 
following 
Initiative: 
Deappropriates 
funds 
in fiscal 
year 
2004-05 
to 
recognize the savings to local schools as a result of parents 
choosing 
to 
delay 
the 
entry of 
children 
who 
are 
currently 
recelvlng free, appropriate public education services through the 
Child Development Services System into kindergarten until the 
start of the following school year. 
General Fund 
All Other 
General Fund Total 
Child Development Services 
0449 
2003-04 
$0 
$0 
2004-05 
($791,955) 
($791,955) 
Initiative: 
Appropriates funds in fiscal year 2004-05 for the 
provision of services to children who are currently receiving 
free, 
appropriate public education services through the Child 
Development Services 
System 
and 
whose parents 
choose 
not 
to 
enroll them in kindergarten until the start of the following 
school year. 
General Fund 
All Other 
General Fund Total 
EDUCATION, DEPAR'l'MENT OF 
DEPARTMENT TOTALS 
General Fund 
2003-04 
$0 
$0 
2003-04 
$0 
2004-05 
$475,519 
$475,519 
2004-05 
($3l6,436) 
DEPARTMENT TOTAL -
ALL FUNDS 
$0 
($316,436) 
HUMAN SERVICES, DEPARTMENT OF 
Medical Care -
Payments to Providers 
0141 
Initiative: 
Appropriates funds in fiscal year 2004-05 for the 
provision of services 
to MaineCare-eligible children who 
are 
currently receiving free, appropriate public education services 
through the Child Development Services System and whose parents 
choose not to enroll them in kindergarten until the start of the 
following school year. 
General Fund 
All Other 
General Fund Total 
Federal Expenditures Fund 
All Other 
Federal Expenditures Fund Total 
HUMAN SERVICES, DEPARTMENT OF 
DEPARTMENT TOTALS 
General Fund 
Federal Expenditures Fund 
DEPARTMENT TOTAL -
ALL FUNDS 
SECTION TOTALS 
General Fund 
Federal Expenditures Fund 
SECTION TOTAL -
ALL FUNDS 
SUMMARY 
2003-04 
$0 
$0 
2003-04 
$0 
$0 
2003-04 
$0 
o 
$0 
2003-04 
$0 
o 
$0 
2004-05 
$223,119 
$223,119 
2004-05 
$421,184 
$421,184 
2004-05 
$223,119 
421,184 
$644,303 
2004-05 
($93,311) 
421,184 
$321,861 
This bill is reported out by the Joint Standing Committee on 
Education and Cultural Affairs pursuant to Joint Order 2003, S.P. 
680. 
The bill 
amends 
applicable statutes 
and instructs 
the 
Department of Human Services and the Department of Education to 
amend rules to clarify that a child who is already receiving 
free, 
appropriate public education services through the Child 
Development 
Services 
System 
and 
who 
reaches 
years 
of 
age 
between September 1st and October 15th continues to be eligible 
for 
those services should the child's parents decide not 
to 
enroll the child in kindergarten until the child reaches 6 years 
of 
age. 
To 
accomplish this 
purpose, 
the bill proposes 
the 
following. 
1. 
It amends provisions regarding exceptional students and 
preschool handicapped children to establish the eligibility of a 
child who is already receiving free, appropriate public education 
services through the Child Development Services System and who 
reaches 5 years of age between September 1st and October 15th to 
continue 
to 
receive 
such 
services 
when 
the 
child's 
parent 
chooses, in accordance with rules adopted by the Commissioner of 
Edueation, not to enroll the child in kindergarten until the 
start of the following school year. 
2. 
It clarifies that the modification to the eligibility 
criteria for 
certain children to 
continue 
to 
receive 
free, 
appropriate 
public 
education 
services 
through 
the 
Child 
Development Services 
System meets 
the 
requirements 
under 
the 
federal Individuals with Disabilities Education Act, 
United 
States Code, Section 1400, et seq. 
3. 
It directs the Commissioner of Education to determine 
the adjustment to the statewide adjustment factor under the Maine 
Revised 
Statutes, 
Title 
20-A, 
section 
15654, 
subsection 
1, 
paragraph B necessary for the amount of state funds that are 
deappropr iated from the General Purpose Aid for Local Schools 
account 
in 
fiscal 
year 
2004-05 
to 
reflect 
the 
savings 
attr ibutable to the delayed entry of eligible 5-year-olds into 
kindergarten for the 2004-05 school year. 
4. 
It 
directs 
the 
Department 
of 
Education 
to 
adopt 
emergency 
rules 
regarding the provision of 
free, 
appropriate 
public education services through the Child Development Services 
System to children who continue to be eligible to receive those 
services for the state fiscal year 2004-05. 
5. 
It directs the Department of Human Services to adopt 
emergency rules regarding the payment and apportionment of state 
and 
federal 
MaineCare 
funds 
to ensure 
the 
reimbursement 
for 
services 
to children who 
continue 
to 
be eligible 
for 
those 
services through the Child Development Services System for the 
state fiscal year 2004-05. 
6. 
It provides that the Commissioner of Education and the 
Commissioner of Human Services adopt major substantive rules to 
implement 
this 
Act 
and 
that provisionally 
adopted 
rules 
be 
presented for legislative review during the First Regular Session 
of the l22nd Legislature. 
It also provides that the emergency 
rules be effective until the Legislature has completed review of 
those rules. 
7. 
It directs the Commissioner of Education to develop and 
present a plan by December 31, 2004 to ensure greater equity of 
education opportunities and efficiency in the use of state and 
federal 
resources for early childhood education and preschool 
handicapped 
programs 
beginning 
no 
later 
than 
fiscal 
year 
2005-06. 
The commissioner shall present this plan to the joint 
standing committee of the Legislature having jurisdiction over 
education and cultural affairs, and the joint standing committee 
may introduce legislation regarding this matter during the first 
regular session of the l22nd Legislature. 
8. 
It adds a fiscal note and an appropriations section to 
provide for the appropriation and deappropriation of state funds 
to the pre-school handicapped program and the MaineCare program 
in 
the 
Department 
of 
Human 
Services 
in fiscal 
year 
2004-05 
necessary to continue to provide free 
and appropriate public 
education services for these eligible 5 year aIds whose parents 
have 
chosen 
to 
have 
their 
children 
remain 
In 
the 
Child 
Development Services system. 
FISCAL NOTE REQUIRED 
(See attached) 
Net Cost (Savings) 
General Fund 
Appropriationsl Allocations 
General Fund 
Federal Expenditures Fund 
Revenue 
Federal Expenditures Fund 
Fiscal Detail and Notes 
Approved: 04/01/04 ;:t;?ae 
l2lst Maine Legislature 
Office of Fiscal and Program Review 
LD xxxx - New Draft 
An Act Regarding the Continued Provision of Free and Appropriate 
Public Education for Eligible Children of Kindergarten Age 
LR 2872(01) 
Fiscal Note for New Draft 
Committee: Education and Cultural Affairs 
Fiscal Note Required: Yes 
Fiscal Note 
2003-04 
$0 
$0 
$0 
$0 
2004-05 
($93,317) 
($93,317) 
$421,184 
$421,184 
Projections 
2005-06 
$754,529 
$754,529 
$454,879 
$454,879 
Projections 
2006-07 
$814,892 
$814,892 
$491,269 
$491,269 
Allowing a child who is already receiving free, appropriate public education services through the Child Development 
Services system, and who reaches age 5 between September 1st and October 15th to continue to receive those services 
if the child's parents choose not to enroll the child in kindergarten until the child reaches 6 years of age will result in a 
net General Fund savings of $93,317 in fiscal year 2004-05. This fiscal note is based on a series of assumptions that 
are detailed below. The actual fiscal impact of this measure may be higher or lower depending on actual experience. 
This bill includes General Fund appropriations totaling $698,638 in fiscal year 2004-05 for the state's share of 
continuing to provide services to the estimated 154 children who would be eligible for delayed entry into kindergarten. 
Of that total, the Pre-School Handicapped program within the Department of Education will require $475,519 to 
provide services to those children who are not MaineCare eligible and the MaineCare program within the Department 
of Human Services will require $223,119 for the state's share of providing services to the MaineCare eligible children. 
The MaineCare program will also require a Federal Expenditures Fund allocation of $421,184 in fiscal year 2004-05 
for the federal match. 
It is anticipated that local school units will experience savings of $1,277 ,346 in fiscal year 2004-05 as a result of 
parents of eligible children choosing not to enroll their child in kindergarten until age 6. This bill includes a one-time 
General Fund deappropriation of $791,955 in fiscal year 2004-05 to the General Purpose Aid for Local Schools 
LR2872(l) - Fiscal Note - Page 1 of 2 
program within the Department of Education to recognize the state's share of the savings to local school units from 
delayed entry into kindergarten. The total savings to the local school units are projected to be $1,371,290 in fiscal 
year 2005-06 and $1,472,337 in fiscal year 2006-07. Because of the transition to the Essential Programs and Services 
model beginning in fiscal year 2005-06, the state's share of the savings can not be determined at this time. 
The estimates in this fiscal note are based on the following assumptions: 
»The number of children estimated to be eligible for the delayed entry into kindergarten is 171. This estimate is 
provided by the Department of Education and is based on historical data on the actual number of exceptional students 
with birth dates between September 1 and October 15. 
» Ninety percent of the parents of the 171 eligible children are expected to choose to delay their child's entry into 
kindergarten. 
» Fifty percent of the children are assumed to be MaineCare eligible 
» The average cost to provide services to non-MaineCare eligible children is estimated to be $6,264 with 75% of the 
cost being funded with State funds and 25% being funded with Federal funds. 
»The average cost to provide services to MaineCare eligible children is estimated to be $7,200 with the State's share 
being approximately 35% and the Federal share being approximately 65%. However, this estimate is adjusted 
downward to reflect that a small percentage of the MaineCare services would be provided to these children outside of 
the school setting. 
» The savings associated with not providing special education services to children in the local schools is based on 
the total State and Local expenditures for special education in fiscal year 2002-03 adjusted to reflect the cost to the 
State of providing 1 00% of the funding for these services for State Wards and State Agency Clients. 
» The savings-per-child is calculated by dividing the adjusted State and Local expenditures for special education in 
FY 2002-03 by the number of children ages 5-21 from the December 2002 ChildCount report, which was also adjusted 
for State Wards and State Agency Clients. 
»The State's share of the adjusted State and Local special education expenditures is assumed to be 62%. 
» The savings are adjusted to reflect that approximately 15% of the costs of providing special education services to 
these students are fixed costs and will still be incurred even if the student does not attend the local school. 
» The estimate also includes savings associated with not providing non-special education services to these children 
»Special education costs are projected to grow 8% per year in fiscal years 2005-06 and 2006-07. Non-special 
education costs are projected to grow 5% per year. 
LR2872(l) - Fiscal Note - Page 2 of 2