An Act To Align Maine Special Education Statutes with Federal Requirements
Maine Legislature, Session 125, LD 1345
Committee Amendment CA_A_H536 (House)
Amends: 20-A MRSA §7001, 26 MRSA §1411-D, 34-B MRSA §3004, 34-B MRSA §5433

COMMITTEE AMENDMENT" P" to H.P. 986, L.D. 1345, Bill, "An Act To 
Align Maine Special Education Statutes with Federal Requirements" 
Amend the bill in section 2 by striking out all of subsection 13 (page 1, lines 5 to 9 in 
L.D.) and inserting the following: 
'13. Transitional services for students with disabilities. To provide for an efficient 
and effective coordinated system of services across state agencies and local and private 
entities, the commissioner shall plan, coordinate and implement services for students with 
disabilities who are in transition from school to community in accordance with rules 
adopted by the department. 
Rules adopted pursuant to this subsection are major 
substantive rules as defined in Title 5, chapter 375, subchapter 2-A.' 
Amend the bill by inserting after section 2 the following: 
'Sec. 3. 20-A MRSA §7001, sub-§2-C is enacted to read: 
2-C. Individualized education program team. "Individualized education program 
team" means the group of individuals composed in accordance with Part C of the federal 
Individuals with Disabilities Education Act, 20 United States Code, Section 
1414(d)(l)(B) to determine the individualized education program for a child with a 
disability. ' 
Amend the bill in section 4 by striking out all of subsection 10 (page 1, lines 21 to 28 
in L.D.) and inserting the following: 
'10. Department of Health and Human Services; authority to request convening 
of individualized education program team meeting. Notify in writing the individual 
designated by the Department of Health and Human Services that the Department of 
Health and Human Services has the authority to request the school administrative unit to 
convene a pupil evaluation an individualized education program team meeting and to 
attend and participate in any t:'Uflil e'/aJuation individualized education program team 
meetings concerning a child with a disability who is a state ward. The written notice 
must indicate the time and place of the t:'Uflil e'/aluation individualized education program 
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team meeting and a copy of the notice must be placed in the child's permanent record~~ 
and' 
Amend the bill by striking out all of section 6 (page 1, lines 35 and 36 in L.D.) 
Amend the bill by striking out all of sections 8 to 16 (page 2, lines 2 to 36 and page 3, 
lines 1 to 12 in L.D.) and inserting the following: 
'Sec.8. 26 MRSA §1411-D, sub-§9, as enacted by PL 1995, c. 560, Pt. F, §13, is 
amended to read: 
9. Transitional services coordination. Shall participate in the eoordinatioa of 
rehabilitation serviees with loeal transitional serviees eoordiaation projeets for youth with 
disabilities, as established in Title 20 A, ehapter 308, assigaiag appropriate regioaal staff 
and resourees as a-vailable and neeessary ia eash regioa to be served by a projest with 
school administrative units in transition planning for each student receiving special 
education services who is 16 years of age or older, or 14 years of age if determined 
appropriate by the student's individualized education program team, and shall assign 
appropriate staff as a transition contact person and as a member of the transition planning 
team for each student. 
Sec. 9. 34-B MRSA §3004, sub-§3, ~, as amended by PL 2009, c. 147, § 12, is 
further amended to read: 
D. Participate in the eoordination of servises for persons with school administrative 
units in transition planning for each student with chronic mental illnesses v/ith loeal 
transitional serviees so ordination projeets for studeats ''lith disabilities, as established 
in Title 20 A, ehapter 308, assigaing appropriate regional staff and resourees as 
available and neeessary in eash regioa to be served by a projeet who is receiving 
special education services and who is 16 years of age or older, or 14 years of age if 
determined appropriate by the student's individualized education program team, and 
shall assign appropriate staff as a transition contact person and as a member of the 
transition planning team for each student. 
Sec. 10. 34-B MRSA §5433, sub-§5, as amended by PL 2009, c. 147, §13, is 
further amended to read: 
5. Transitional services coordination. Participate in the eo ordination of serviees 
for individuals with school administrative units in transition planning for each student 
with developmental disabilities with loeal transitional serviees eoonHaation projeets for 
students v/ith disabilities, as established ia Title 20 l'L, ehapter 308, assigaing appropriate 
regional staff and resourees as available aad neeessary in eaeh region to be served by a 
projeet who will be eligible for services under chapter 5 or 6 who is receiving special 
education services and who is 16 years of age or older, or 14 years of age if determined 
appropriate by the student's individualized education program team, and shall assign 
appropriate staff as a transition contact person and as a member of the transition planning 
team for each student.' 
Amend the bill by adding after section 17 the following: 
'Sec. 18. Interagency Transition Coordination Services. The Department of 
Education shall form a work group, including representation from the Department of 
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COMMITTEE AMENDMENT" A 
.. to H.P. 986, L.D. 1345 
Labor, Department of Corrections, Department of Health and Human Services and other 
public and private stakeholders, to review current requirements for transition services in 
the Maine Revised Statutes, Title 20-A, section 7258 and to determine the appropriate 
location and content of those requirements in statute to reflect the responsibilities of each 
agency related to transition planning for students with disabilities. The Department of 
Education shall report to the Joint Standing Committee on Education and Cultural Affairs 
and the Joint Standing Committee on Health and Human Services by January 15,2012 on 
the findings and recommendations of this work group. The committees are authorized to 
submit legislation related to the report to the Second Regular Session of the 125th 
Legislature to facilitate the implementation of the work group's recommendations.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment clarifies language in the bill that provides for the participation of 
representatives of the Department of Labor, the Department of Corrections and the 
Department of Health and Human Services in transition planning for students who are in 
transition from school to the community. The amendment also requires the Department 
of Education to form a work group with representation from those departments and other 
private and public stakeholders to determine appropriate statutory language pertaining to 
transition to adult services and the allocation of those statutory provisions in the Maine 
Revised Statutes to reflect the responsibilities of the various state agencies. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 06/04/11 
;:IQac.. 
LD 1345 
LR241(02) 
An Act To Align Maine Special Education Statutes with Federal Requirements 
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 to establish the required work group and prepare the required report 
can be absorbed within existing budgeted resources. Additional costs to the Department of Labor to particpate in the 
required review can be absorbed within existing budgeted resources. The additional costs to the Department of Health 
and Human Services can also be absorbed utilizing existing budgeted resources. 
LR0241(02) - Fiscal Note - Page 1 of 1