An Act To Align Education Laws with Certain Federal Laws
Maine Legislature, Session 124, LD 1532
Committee Amendment CA_A_S373 (Senate)
Amends: 20-A MRSA §6004

COMMITTEE AMENDMENT" A 
"to S.P. 588, L.D. 1532, Bill, "An Act To Align 
Education Laws with Certain Federal Laws" 
Amend the bill in section I by striking out all of subsection 3-A (page 1, lines 3 to 12 
in L.D.) and inseliing the following: 
'3-A. 
Students placed by the Department of Health and Human Services. 
Notwithstanding subsection 3, a student who is placed by the Department of Health and 
Human Services with an adult who is not the child's parent or legal guardian in 
accordance with the educational stability provisions of the federal Fostering Connections 
to Success and Increasing Adoptions Act of 2008, Public Law 110-351, 122 Stat. 3949 is 
considered a resident of either the school administrative unit where the student resides 
during the placement or the school administrative unit where the student resided prior to 
the placement based on the best interest of the student. The Depaliment of Health and 
Human Services, in consultation with the depaliment and the school administrative units, 
shall determine which of the 2 units is appropriate and notify that unit in writing of its 
determination. 
The school administrative unit that provides public education for the 
student shall count the student as a resident student for subsidy purposes.' 
Amend the bill by inseliing after section 1 the following: 
'Sec. 2. 20-A MRSA §6004, sub-§2, tjlB, as enacted by PL 1981, c. 693, § § 5 and 
8, is am~nded to read: 
B. 
Students who attend school under section 5205, subsections 2, 3-A, 4, 5 and 6, 
&ftal.I. must be counted in the school administrative unit in which they attend school.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment provides that the DepaJiment of Health and Human Services shall 
consult with the Department of Education, the school administrative unit where the 
student resides and the school administrative unit where the student is placed with an 
COMMITTEE AMENDMENT 
~.e;" 
~> 
." 
~: 
COMMITTEE AMENDMENT" 4 " 
to S.P. 588, L.D. 1532 
adult that is not the child's parent or legal guardian when the department is determining 
the appropriate school administrative unit for providing public education for the student. 
The amendment also provides that, after this determination is made, the school 
administrative unit that provides public education for a student shall count the student as 
part of its annual student count for subsidy purposes. 
FISCAL ]\;OTE REQUlRED 
(See Attached) 
COMMITTEE AMENDMENT 
'. 
\ 
\ 
') 
) 
) 
if; 
1/ 
(
"'--., 
c! •• 
'\ , 
/ 
Approved: 02/11110 frac 
LD 1532 
LR 2404(02) 
An Act To Align Education Laws with Certain Federal Laws 
Fiscal Note for Bill as Amended by Committee Amendment ''/I.'' 
Committee: Education and Cultural Affairs 
Fiscal Note Required: Yes 
Fiscal Note 
Potential cunent biennium savings - General Fund 
Fiscal Detail and Notes 
Changing the requirement that all special education programs receive a visit from the Department of Education from 
at least once every 5 years to as often as necessary to comply with federal requirements may result in savings to both 
the General Purpose Aid for Local Schools program and the Child Development Services program. The amount can 
not be detel111ined at this time and will depend on actual experience. 
Providing that a student placed by the Department of Health and Human Services under certain conditions be 
considered a resident of either the school administrative unit (SAD) where the student resides during placement or the 
SAD where the student resided prior to placement based on the best interest of the student will not impact the total 
cost of State and local education. This provision, however, may affect the dislTibution of state subsidy to local school 
administrative units. with some units receiving more subsidy and some units receiving less subsidy. The impact to 
individual school administrative units can not be detemlined at this time. 
Additional costs to the Department of Health and Human Services can be absorbed by the Department utilizing 
existing budgeted resources. 
LR2404(02) - Fiscal Note - Page I of I