An Act To Add an Organizational Name to the Governor Baxter School for the Deaf Further amend the bill by striking out everything after the enacting clause and before the summary and inserting in its place the following: Sec. 1. 5 MRSA §285, sub-§I, ~A-l, as enacted by PL 2001, c. 239, §l and affected by §5, is amended to read: A-I. Any employee of the Maine Educational Center for the Deaf and Hard of Hearing and the Governor Baxter School for the Deaf, unless a different health program is established by collective bargaining agreement or otherwise consistent with applicable law; Sec. 2. 5 MRSA §931, sub-§I, ~H, as amended by PL 1989, c. 443, §7 and PL 2003, c. 20, Pt. 00, §2 and affected by §4, is further amended to read: H. Officers and employees of the unorganized territory school system; the teachers, administrators and professional employees of the state community colleges and the Maine Educational Center for the Deaf and Hard of Hearing and the Governor Baxter School for the Deaf; and the teachers, administrators and professional employees of school systems in other state institutions; Page l-LR0928(2) COMMITTEE AMENDMENT
Maine Legislature, Session 122, LD 0981
Committee Amendment CA_A_H481 (House)
Amends: 5 MRSA §285, 5 MRSA §931, 5 MRSA §17001, 20-A MRSA §7401, 20-A MRSA §7402, 20-A MRSA §7406, 20-A MRSA §7407, 20-A MRSA §13402, 22 MRSA §3174-D, 22 MRSA §4088, 26 MRSA §962, 26 MRSA §1419-A, 35-A MRSA §8704

COMMITTEE AMENDMENT "A" to H.P. 691, L.D. 981, Bill, "An 
Act To Change the Name of the Governor Baxter School for the Deaf" 
Amend the bill by striking out the title and substituting 
the following: 
'An Act To Add an Organizational Name to the Governor Baxter 
School for the Deaf' 
Further amend the bill by striking out everything after the 
enacting clause and before the summary and inserting in its place 
the following: 
'Sec. 1. 5 MRSA §285, sub-§I, ~A-l, as enacted by PL 2001, c. 
239, §l and affected by §5, is amended to read: 
A-I. 
Any employee of the Maine Educational Center for the 
Deaf and Hard of Hearing and the Governor Baxter School for 
the Deaf, unless a different health program is established 
by collective bargaining agreement or otherwise consistent 
with applicable law; 
Sec. 2. 5 MRSA §931, sub-§I, ~H, as amended by PL 1989, c. 
443, §7 and PL 2003, c. 20, Pt. 00, §2 and affected by §4, is 
further amended to read: 
H. 
Officers 
and employees of the unorganized territory 
school system; the teachers, administrators and professional 
employees of the state community colleges and the Maine 
Educational Center for the Deaf and Hard of Hearing and the 
Governor 
Baxter School 
for 
the Deaf; 
and 
the teachers, 
administrators and professional employees of school systems 
in other state institutions; 
Page l-LR0928(2) 
COMMITTEE AMENDMENT 
~'* 
COMMITTEE AMENDMENT ~ " to H.P. 691, L.D. 981 
Sec. 3. 5 MRSA §17001, sub.§40, as repealed and replaced by PL 
2003, c. 688, Pt. A, §4, is amended to read: 
40. 
State employee. 
"State employee" means any regular 
classified or unclassified officer or employee in a department, 
any employee of the Maine Community College System except those 
who make the election provided under Title 20-A, section 12722, 
any employee of the Maine Educational Center for the Deaf and 
Hard of Hearing and the Governor Baxter School for the Deaf 
except as provided in Title 20-A, section 7407, subsection 3-A, 
any employee of the Maine Military Authority, any employee of the 
Northern New England Passenger Rail Authority and any employee 
transferred from the Division of Higher Education Services to the 
Finance Authority of Maine who elects to be treated as a state 
employee, but does not include: 
A. 
A judge, as defined in Title 4, section 1201 or l30l, 
who is now or later may be entitled to retirement benefits 
under Title 4, chapter 27 or 29; 
B. 
A member of the State Police who is now entitled to 
retirement benefits under Title 25, chapter 195; or 
C. 
A Legislator who is now or later may be entitled to 
retirement benefits under Title 3, chapter 29. 
Sec. 4. 5 MRS A §19508, as enacted by PL 1989, c. 837, §l, is 
amended to read: 
§19508. Application to residents in children"s homes 
This 
chapter 
also 
applies 
to 
exceptional 
students 
in 
children's 
homes, 
emergency 
shelters, 
family 
foster 
homes, 
specialized 
children's 
homes 
and 
residential 
child 
care 
facilities, as defined in Title 22, section 8101, and to other 
residential 
educational 
facilities, 
including 
the 
Maine 
Educational Center for the Deaf and Hard of Hearing and the 
Governor Baxter School for the Deaf and other similar facilities. 
Sec. 5. 20·A MRSA c. 304, as amended, is further amended by 
repealing the chapter headnote and enacting the following in its 
place: 
CHAPTER 304 
MAINE EDUCATIONAL CENTER FOR THE DEAF 
AND BARD~F HEARING AND THE GOVERNOR 
BAXTER SCHOOL FOR THE DEAF 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT ·A" to H.P. 691, L.D. 981 
Sec. 6. 20-A MRSA §7401, as amended by PL 1999, c. 775, §l, 
is further amended to read: 
§7401. School established 
The 
Maine 
Educational Center for 
the 
Deaf 
and 
Hard of 
Hearing 
and 
the 
Governor 
Baxter 
School 
for 
the 
Deaf 
is 
established as a public school pursuant to this chapter for the 
purpose 
of educating deaf 
and hard-of-hearing students. 
The 
school is a body politic and corporate and is an instrumentality 
and agency of the State. 
The exercise by the school of the 
powers 
conferred by 
this 
chapter is 
the 
performance 
of 
an 
essential public function by and on behalf of the State. 
Sec. 7. 20-A MRSA §7402, as amended by PL 1999, c. 775, §3, 
is further amended to read: 
§7402. Definitions 
As 
used in this 
chapter, 
unless 
the 
context 
otherwise 
indicates, the following terms have the following meanings. 
1. 
School. 
"School" means the Maine Educational Center for 
the Deaf and Hard of Hearing and the Governor Baxter School for 
the Deaf established under this chapter, including the center 
school located at Mackworth Island known as the Governor Baxter 
School for the Deaf and any satellite school within the State 
that may be operated under a contracted services agreement. 
2. 
School board. 
"School board" means the School Board of 
the Maine Educational Center for the Deaf and Hard of Hearing and 
~ 
Governor Baxter School for the Deaf. 
3. 
Sending school. 
"Sending 
school" 
means 
any 
school 
administrative unit that has 
a 
student in attendance at the 
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satellite school. 
4. 
Superintendent. 
"Superintendent" 
means 
the 
Superintendent of the Maine Educational Center for the Deaf and 
Hard of Hearing and the Governor Baxter School for the Deaf. 
5. 
Center school. 
"Center school" means the kindergarten 
to grade 12 day and residential programs established and operated 
by the Maine Educational Center for the Deaf and Hard of Hearing 
and the Governor Baxter School for the Deaf at the Governor 
Baxter School for the Deaf located at Mackworth IslandT-iRe*HQiR~ 
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COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT ')\" to H.P. 691, L.D. 981 
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6. 
Satellite 
school. 
"Satellite 
school" 
means 
the 
programs, including a residential program, day school programs, 
early childhood programs and outreach programs, that are located 
near the population centers of deaf and hard-of-hearing students 
within the State established by the School Board of the Maine 
Educational Center for the Deaf and Hard of Hearing and the 
Governor Baxter School for the Deaf. 
7. 
Statewide educational services or outreach. 
"Statewide 
educational services" or "outreach" means consultation services 
provided to families of children from birth to 5 years of age who 
are deaf or hard-of-hearing students, 
consulting services to 
school 
administrative 
units 
that 
serve 
school-age 
deaf 
or 
hard-of-hearing 
children 
and 
services 
provided 
through 
the 
parent-infant-toddler program, 
the 
preschool 
program 
and 
the 
communication garden program provided at the center school. 
8. 
Statewide resource center. 
"Statewide resource center" 
means 
the information and referral services provided by the 
library at the center school and the distance education program 
and the community education program offered at the center school. 
Sec. 8. 20-A MRSA §7406, first 1[, as enac ted by PL 1995, c . 
676, §5, is amended to read: 
The School Board of the Maine Educational Center for the 
Deaf and Hard of Hearing and the Governor Baxter School for the 
Deaf 
is established as 
the policy-making authority 
and 
the 
governing body of the school. 
Sec. 9. 20-A MRSA §7407, sub-§4-A, as amended by PL 1999, c. 
790, Pt. L, §1 and affected by §z, is further amended to read: 
4-A. 
Budget development. 
The school board shall, with the 
aid of the superintendent and staff, prepare an annual budget for 
the 
operation 
of 
the 
school 
and 
exercise 
budgetary 
responsibility. 
The school board shall allocate for expenditure 
by 
the 
school 
and 
programs 
under 
its jurisdiction all 
the 
resources available for the operation of the school 
and its 
programs. 
Annually, not later than January 1st, beginning for 
fiscal year 2001-02, in addition to complying with the provisions 
of Title 5, 
sections 1665 and 1666, 
the school board shall 
present 
the 
administrative 
operating 
budget 
for 
the 
Maine 
Educational Center for the Deaf and Hard of Hear ing and the 
Governor Baxter School for the Deaf to the Governor and the 
Legislature for review by the joint standing committee of the 
Legislature having 
jurisdiction over 
education matters. 
The 
COMMITTEE AMENDMENT 
~~ 
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. ,,,,,@ 
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" 
COMM:ITTEE AMENDMENT 'A" to H. P. 691, L.D. 981 
administrative operating budget must be presented as a line-item 
budget for 
each of 
the programs 
under its jurisdiction. 
A 
liabi1i ty or obligation may not be incurred under this chapter 
beyond 
the 
amount 
approved 
in 
the 
administrative 
operating 
budget. 
The 
school 
board 
may 
make 
expenditures 
only 
in 
accordance with allocations approved by the Legislature. 
Any 
balance of an allocation or subdivision of an allocation made by 
the Legislature for the school that at the time is not required 
for the purpose named in the allocation or subdivision may be 
transferred prior to the closing of the books for the fiscal year 
to any other allocation or subdivision of any allocation made by 
the Legislature for the use of the school for the same fiscal 
year. 
The transfer is subject to review by the joint standing 
committee 
of 
the 
Legislature 
having 
jurisdiction 
over 
appropriations 
and 
financial 
affairs. 
Financial 
statements 
describing the transfer must be submitted by the school board to 
the Office of Fiscal and Program Review 
days before the 
transfer is implemented. 
In case of extraordinary emergency 
transfers, the 30-day prior submission requirement may be waived 
by 
vote 
of 
the 
committee. 
These 
financial 
statements 
must 
include information specifying the accounts that are affected, 
the amounts to be transferred, a description of the transfer and 
a detailed explanation of the reason the transfer is needed. 
The 
school board shall also provide an annual justification for the 
finances and operations of the programs under the jurisdiction of 
the school to the joint standing committee of the Legislature 
having jurisdiction over appropriations and financial affairs and 
the 
joint 
standing 
committee 
of 
the 
Legislature 
having 
jurisdiction. over education matters. 
The justification for the 
finances and operations of the school must be presented as a 
line-item budget for each of the programs under its jurisdiction. 
Sec. 10. 20-A MRSA §7407, sub-§17, as amended by PL 1999, c. 
775, §ll, is further amended to read: 
17. 
Schoo1 programs. 
The school board may create, maintain 
and expand center school programs and programs for children and 
families that may be served by the school at any satellite 
school, through statewide educational services and through the 
statewide resource center. 
For the 2000-01 and 2001-02 school 
years only, the residential program at the Governor Baxter School 
for the Deaf located on Mackworth Island is limited to enrolling 
up 
to 
students 
who 
are 
deaf 
or 
hard-of-hearing. 
The 
superintendent may request that the commissioner approve a waiver 
of the 
residential enrollment limit and establish additional 
placements 
for 
students 
in 
the 
residential 
program 
at 
the 
Governor Baxter School for the Deaf located on Mackworth Island; 
the commissioner may 
basis 
and 
only 
if 
prospective 
student 
approve those placements on a case-by-case 
the 
individual 
education 
plan 
of 
the 
who 
is 
deaf 
or hard-of-hearing 
requires 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT A" to H.P. 691, L.D. 981 
placement in a residential program. 
Beginning with the 2002-03 
school year, the school board shall establish a satellite school 
program that offers an array of educational programs that provide 
students 
who 
are deaf or hard-of-hearing with geographically 
convenient access to placement options that may be required by 
their individualized education program. 
Sec. 11. 20·A MRSA §7412, as amended by PL 2001, c. 429, Pt. 
T, §§6 and 7, is further amended to read: 
§7412. Maine Educational Center for Deaf and Hard of Hearing 
and the Governor Baxter School for the Deaf Student 
Trust Fund established 
1. 
Fund established. 
Notwithstanding the provisions of 
Title 5, section 135-A, the Maine Educational Center for the Deaf 
and Hard of Hearing and the Governor Baxter School for the Deaf 
Student Trust Fund, referred to in this section as the "fund," is 
established. 
2. 
Investment of funds. 
The money in the fund may be 
invested by the Treasurer of State with the assistance of one or 
more fiduciaries or registered investment advisors. 
The duties 
and expenses of the fiduciaries or registered investment advisors 
must be handled in a manner consistent with Title 5, section 
17108, subsections 2 and 3. 
All earnings must be credited to the 
fund. 
3. 
Honlapsing fund; transfer to General Fund. 
Until July 
1, 2007, any unexpended funds remaining in the fund may not lapse 
but must be carried forward for the benefit of the fund. 
On July 
1, 
2007, 
any unexpended funds 
remaining in the fund must be 
transferred to the General Fund. 
Sec. 12. 20-A MRSA §13402, sub-§3, as amended by PL 1995, c. 
676, §7 and affected by §13, is further amended to read: 
3. 
Substitute 
teachers. 
Substitute 
teachers 
must 
be 
compensated at the rate of not less than $30 for each day of 
service. 
Any substitute teacher under contract with the Maine 
Educational Center for the Deaf and Hard of Hear ing and the 
Governor Baxter School for the Deaf is deemed for the purposes of 
civil liability to be an employee of a governmental entity under 
the Maine Tort Claims Act. 
Sec. 13. 22 MRSA §3174-D, as amended by PL 1995, c. 676, §9 
and affected by §13 and amended by PL 2003, c. 689, Pt. B, §6, is 
further amended to read: 
COMMITTEE AMENDMENT 
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." 
COMMITTEE AMENDMENT "A" to H.P. 691, L.D. 981 
§3l74-D. Medicaid coverage for services provided by 
the Maine Educational Center for the Deaf 
and Hard of Hearing and the Governor 
Baxter School for the Deaf 
The Department of Health and Human Services may administer a 
program of Medicaid coverage for speech and hearing services, 
psychological 
services, 
occupational 
therapy 
and 
any 
other 
services provided by the Maine Educational Center for the Deaf 
and Hard of Hearing and the Governor Baxter School for the Deaf 
that qualify for reimbursement under the United States Social 
Security Act, Title XIX. 
The Department of Education has fiscal 
responsibility 
for 
providing 
the 
State's 
match 
for 
federal 
revenues acquired under this section. 
Any funds 
received as 
Medicaid reimbursement must be retained by the Maine Educational 
Center for the Deaf and Hard of Hearing and the Governor Baxter 
School for the Deaf. 
Sec. 14. 22 MRSA §4088, sub-§7, as enacted by PL 2001, c. 265, 
§4, is amended to read: 
7. 
Access to records related to Maine Educational Center 
for the Deaf and Hard of Hearing and the Governor Baxter School 
for 
the 
Deaf. 
Notwithstanding 
Title 
20-1., 
section 
6l0l, 
subsection 2, when the team is conducting an investigation of a 
person at the Maine Educational Center for the Deaf and Hard of 
Hearing and the Governor Baxter School for the Deaf who 
is 
subject to licensure by the Department of Education, the Maine 
Educational Center for the Deaf and Hard of Hearing and the 
Governor 
Baxter 
School 
for 
the 
Deaf 
and 
the 
Department 
of 
Education shall disclose to the team records related to: 
A. 
Background checks related to the person; 
B. 
The person's credentials; 
C. 
Any conduct on the part of the person related to the 
allegation; and 
D. 
Any action taken by the Maine Educational Center for the 
Deaf and Hard of Hearing and the Governor Baxter School for 
the Deaf or the Department of Education in response to 
conduct of any person at the Maine Educational Center for 
the Deaf and Hard of Hearing and the Governor Baxter School 
for the Deaf that is similar to the allegation. 
Sec. 15. 26 MRSA §962, sub-§7, ~A, as amended by PL 2003, c. 
646, §3, is further amended to read: 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT 'A" to H.P. 691, L.D. 981 
A. 
Any officer, board, commission, council, committee or 
other persons or body acting on behalf of: 
(1) 
Any 
municipality 
or 
any 
subdivision 
of 
a 
municipality; 
(2) 
Any school, water, sewer, fire or other district; 
(3) 
The Maine Turnpike Authority; 
(4) 
Any board of directors 
intermediate education unit 
section 7730; 
functioning as a regional 
pursuant to Title 20-A, 
(5) 
Any county or subdivision of a county; 
(6) 
The Maine State Retirement System; or 
(7) 
The Maine Educational Center for the Deaf and Hard 
of Hearing and the Governor Baxter School for the Deaf; 
Sec. 16. 26 MRSA §1419-A, sub-§4, as amended by PL 2003, c. 
553, Pt. A, §3, is further amended to read: 
4. 
Specialized customer communications equipment needs in 
public 
school 
systelll. 
The 
Department 
of 
Education, 
in 
consul tation with the Maine EducatiQna1 Center fQr the Deaf---1ill.Q 
Hard of HeSiring Sind the Governor Baxter School for the Deaf and 
advocacy groups for deaf and hard-of-hearing persons and for the 
information technology interests of consumers, shall conduct an 
annual survey of all public schools in the State for the purpose 
of assessing the need for specialized customer communications 
equipment in the school system and report its findings to the 
joint standing committee of the Legislature having jurisdiction 
over labor matters. The report must include: the number of deaf 
and hard-of-hearing students and their needs 
for 
specialized 
customer 
communications 
equipment; 
the 
availability 
of 
specialized customer 
communications 
equipment; 
the 
number 
of 
requests for specialized customer communications equipment; and 
the status of training for teachers and other school personnel in 
the use of specialized customer communications equipment. 
Sec. 17. 35-A MRSA §8704, sub-§I, ~E, as amended by PL 2001, 
c. 377, §3, is further amended to read: 
E. 
Eight members appointed by the Governor as follows: 
(1) 
One member from the Maine Educational Center for 
the Deaf and Hard of Hear ing and the Governor Baxter 
School for the Deaf; 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT A" to H.P. 691, L.D. 981 
(2) 
One member from a statewide association for the 
deaf; 
(3) 
One member from a center on deafness; 
(4) 
One 
member 
from 
a 
company 
providing 
telecommunications relay service in this State; 
(5) 
One 
member of 
a 
telephone association in this 
State; 
(6) 
Two members from the general public who must rely 
on TTYs for telecommunications; and 
+T ill One member representing a cellular or wireless 
service provider. I 
SUMMARY 
This amendment changes the title of the bill and strikes and 
replaces the bill to provide an expanded organizational name to 
the Governor Baxter School for 
the Deaf in order to better 
reflect the range of programs and services provided to the deaf 
and hard-of-hearing pursuant to state law. 
The expanded name of 
the organization is the Maine Center for the Deaf and Hard of 
Hearing 
and the 
Governor Baxter School 
for 
the Deaf. 
The 
amendment also retains the name Governor Baxter School for the 
Deaf for the center school located on Mackworth Island. 
The 
amendment 
also corrects 
cross-references in the 
statutes to 
reflect the name change. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 05/02/05 frac:.. 
LD981 
LR0928(02) 
An Act To Change the Name of the Governor Baxter School for the Deaf 
Fiscal Note for Bill as Amended by Committee Amendment ,A" 
Committee: Education and Cultural Affairs 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Fiscal Detail and Notes 
Additional costs to the Governor Baxter School for the Deaf associated with the name change can be absorbed within 
existing budgeted resources. 
LR0928(2) - Fiscal Note - Page 1 of 1