Resolve, Regarding Legislative Review of Chapter 180, Subchapter XIII: Continued Provision of Free Appropriate Public Education for Five-Year-Olds Born Between September 1st and October 15th, a Major Substantive Rule of the Department of Education
Maine Legislature, Session 122, LD 1529
Committee Amendment CA_A_H461 (House)

COMMITTEE AMENDMENT A " to H.P. 1074, L.D. 1529, "Resolve, 
Regarding Legislative Review of Chapter 180, 
Subchapter XIII: 
Continued Provision of Free Appropriate Public Education for 
Five-Year-Olds Born Between September 1st and October 15th, 
a 
Major Substantive Rule of the Department of Education" 
Amend the resolve by striking out everything after the title 
and before the summary and inserting in its place the following: 
I Sec. 1. Adoption. Resolved: 
That final adoption of Chapter 
180, subchapter XIII: 
Continued Provision of Free Appropriate 
Public Education for Five-Year-Olds Born Between September 1st 
and October 15th, a provisionally adopted major substantive rule 
of the Department of Education that has been submitted to the 
Legislature for review pursuant to the Maine Revised Statutes, 
Title 5, chapter 375, subchapter 2-A, is authorized only if the 
rule is amended as follows. 
1. 
The rule must be amended in the part designated "1. 
Parental 
Choice" 
by 
deleting 
the 
text 
in 
paragraph 
D 
and 
replacing it with text that clarifies that the parent will 
provide 
informed consent to their regional Child Development 
Services site that includes either an explanation of the option 
to remain in the Child Development Services System or the option 
to enroll in kindergarten and the specific free, 
appropriate 
public education services that are available in kindergarten. 
2. 
The rule must be 
amended in the part designated "3. 
Fiscal Process" by amending the text in paragraph A to establish 
that the regional Child Development Services site will submit a 
copy of the individualized family service plan consistent with 34 
Code of Federal Regulations, Section 300. 342c or individualized 
Page l-LR2 314 (2) 
COMMITTEE AMENDMENT 
~~. 
~~ 
COMMITTEE AMENDMENT ·tt" to H.P. 1074, L.D. 1529 
education plan for each eligible child whose parent 
receive 
services 
pursuant 
to 
this 
section 
to 
Development Services State Office. 
elects to 
the 
Child 
3. 
The rule must be amended by inserting after the part 
designated "3. 
Fiscal Process" a new part to establish that the 
parent of an eligible 5-year-old that has been unable to inform 
their regional Child Development Services site of their choice by 
May 1st can submit a 
request for consideration to the Child 
Development Services State Office by June 15th; and be it further 
Sec. 2. Finding. Resolved: That the Legislature has determined 
that the portions of Chapter 180, subchapter XIII: 
Continued 
Provision of Free Appropriate Public Education for Five-Year-Olds 
Born Between September 1st and October 15th that are authorized 
for final adoption as provided in section 1 are consistent with 
the legislative intent of the requirements to continue to provide 
free 
and 
appropriate public education for certain 5-year-old 
children 
as 
enacted 
by 
Public 
Law 
2003, 
chapter 
676. 
The 
Department of Education is not required to hold hearings or 
conduct other formal proceedings prior to finally adopting this 
rule in accordance with this resolve.' 
SUMMARY 
This amendment provides that the provisionally adopted rule 
submitted by the Department of Education may be authorized only 
if certain designated portions of the rule are amended to: 
1. 
Clarify that the parent of an eligible 5-year-old child 
shall provide informed consent to their regional site of the 
Child Development Services System that includes an explanation of 
the option to either remain in the Child Development Services 
System or the option to enroll in kindergarten and the specific 
free, appropriate public education services that are available in 
kindergarten; 
2. 
Establish 
that 
the 
regional 
site 
of 
the 
Child 
Development 
Services 
System 
shall 
provide 
a 
copy 
of 
the 
individualized 
family 
service 
plan 
or 
the 
individualized 
education plan for each eligible 5-year-old child whose parent 
elects to receive services to the Child Development Services 
State Office; and 
3. 
Establish that the parent 
child who has been unable to inform 
Child Development Services System of 
of an eligible 5-year-old 
their regional site of the 
their choice by May 1st can 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT .. 4· to H.P. 1074, L.D. 1529 
submit 
a 
request for 
consideration to the Child Development 
Services State Office by June 15th. 
\l.I\OTE REQUIRED 
(See Attached) 
COMMITTEE AMENDMENT 
Approved: 05/16/05 ;t;r?ae 
LD 1529 
LR 2314(02) 
Resolve, Regarding Legislative Review of Chapter 180, Subchapter XIII: Continued Provision of Free 
Appropriate Public Education for Five-Year-Olds Born Between September 1st and October 15th, a 
Major Substantive Rule of the Department of Education 
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 Department of Education associated with rulemaking can be absorbed utilizing existing 
budgeted resources. 
LR2314(2) - Fiscal Note - Page 1 of 1