An Act To Align Education Laws with Certain Federal Laws (
Maine Legislature, Session 124, LD 1532
Committee: Education and Cultural Affairs
Sponsors: DIAMOND, SUTHERLAND, CRAVEN, DAVIS, CAMPBELL, LOVEJOY, NELSON, PENDLETON, STRANG BURGESS
Amends: 20-A MRSA §7205

MAINE STATE LEGISLATURE 
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124th MAl E 
GISLATURE 
Legislative Document 
No. 1532 
S.P.588 
In Senate, December 17, 2009 
An Act To Align Education Laws with Certain Federal Laws 
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Submitted by the Department of Education pursuant to Joint Rule 204. 
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Received by the Secretary of the Senate on December 17,2009. Referred to the Committee 
on Education and Cultural Affairs pursuant to Joint Rule 308.2 and ordered printed. 
Presented by Senator DIAMOND of Cumberland. 
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JOY J. O'BRIEN 
Secretary of the Senate 
Cosponsored by Representative SUTHERLAND of Chapman and 
Senators: CRAVEN of Androscoggin, DAVIS of Cumberland, Representatives: CAMPBELL 
of Newfield, LOVEJOY of Portland, NELSON of Falmouth, PENDLETON of Scarborough, 
STRANG BURGESS of Cumberland. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 20-A MRS A §5205, sub-§3-A is enacted to read: 
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 of2008, 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 shall determine which of the 2 units is appropriate and notify that unit in 
writing of its determination. 
Sec. 2. 20-A MRS A §7201, sub-§5, as corrected by RR 2005, c. 2, § 13, IS 
amended to read: 
5. Accessible instructional materials; visual impairment including blindness; 
Braille instruction. All students must have access to accessible instructional materials 
and may receive instruction in Braille readiRg aRd '.vritiRg as pali of their individualized 
family service plans or individualized education programs. A student may not be denied 
the opportunity of instruction in Braille readiRg aRd writiRg solely because the student 
has some remaining vision. If Braille is not provided to a child who is blind, the reason 
for not incorporating Braille in the individualized family service plan or individualized 
education program must be documented in the individualized family service plan or 
individualized education program. Accessible instructional materials and provisions for 
the accessibility of online learning programs for individuals with disabilities must be in 
alignment with the accessible instructional materials provisions of the federal Individuals 
with Disabilities Education Improvement Act of 2004, Public Law 108-446, 118 Stat. 
2647 and in alignment with the universal design provisions of the 1998 amendments to 
the federal Higher Education Act of 1965, 20 United States Code, Chapter 28 contained 
in the federal Higher Education Amendments of 1998, Public Law 105-244, 112 Stat. 
1581. 
Sec. 3. 20-A MRSA §7205, as amended by PL 1987, c. 395, Pt. A, §72, is further 
amended to read: 
§7205. Review and assistance 
It is the intent of the Legislature that a representative of the commissioner visit eaelt 
special education program at least ORce eve!)' 5 years programs for the purpose of review 
and assistance and as necessary to comply with federal general supervision requirements. 
Nothing in this section prohibits a school administrative unit from requesting that a 
representative of the commissioner visit a particular special education program for the 
purpose of review and assistance whenever necessary. The commissioner shall comply 
with each request in a timely fashion. 
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SUMMARY 
This bill provides that a student 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 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 DepaJiment of Health and Human Services shall determine 
which of the 2 units is appropriate and notify the unit in writing of its determination. 
The bill also provides that all students with disabilities must have access to accessible 
instructional materials and may receive instruction in Braille. Accessible instructional 
materials and provisions for the accessibility of online learning programs for individuals 
with disabilities must be in alignment with the accessible instructional materials 
provisions of the federal Individuals with Disabilities Education Improvement Act of 
2004 and in alignment with the universal design provisions of the 1998 amendments to 
the federal Higher Education Act of 1965 contained in the federal Higher Education 
Amendments of 1998. 
The bi II changes the requirement that all special education programs receive a visit 
from the Department of Education at least once every 5 years to as often as necessary to 
comply with federal requirements. 
It does not prohibit a request from a school 
administrative unit for the commissioner to review a special education program for the 
purpose of review and assistance whenever necessary.