An Act To Define Cost Responsibility for Transporting Deaf and Hard-of-hearing Students to the Maine Educational Center for the Deaf and Hard of Hearing and the Governor Baxter School for the Deaf
Maine Legislature, Session 125, LD 1839
Committee Amendment CA_A_S497 (Senate)
Amends: 20-A MRSA §7402, 20-A MRSA §7403, 20-A MRSA §7404, 20-A MRSA §740, 20-A MRSA §7407, 20-A MRSA §7408

COMMITTEE AMENDMENT "A " to S.P. 637, L.D. 1839, Bill, "An Act To 
Define Cost Responsibility for Transporting Deaf and Hard-of-hearing Students to the 
Maine Educational Center for the Deaf and Hard of Hearing and the Governor Baxter 
School for the Deaf' 
Amend the bill by striking out the title and substituting the following: 
'An Act To Define Cost Responsibility for Deaf and Hard-of-hearing Students 
Receiving Services from the Maine Educational Center for the Deaf and Hard of 
Hearing and the Governor Baxter School for the Deaf' 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 20-A MRSA §7402, as amended by PL 2005, c. 279, §7, 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, the center preschool 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 the Governor Baxter School for the Deaf. 
3. Sending school. "Sending school" means any school administrative unit that has 
a student in attendance at the center school or at a satellite school. 
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COMMITTEE AMENDMENT" A "to S.P. 637, L.D. 1839 
4. 
Executive director. 
"Superintendent" "Executive director" means the 
Superintendent Executive Director of the Maine Educational Center for the Deaf and 
Hard of Hearing and the Governor Baxter School for the Deaf. 
S. 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 Island or at a location determined by 
the school board in accordance with section 7407, subsection 17. 
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, and consulting services to school 
administrative units that serve school-age deaf or hard-of-hearing children and serviees 
provided tAr01:1gh the parent infant toddler program, the presehool program and the 
eommunieatiofl gardefl program provided at the eeflter sehool. 
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. 
9. Center preschool. "Center preschool" means the preschool program 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. 
Sec. 2. 20-A MRSA §7403, as amended by PL 1999, c. 775, §4, is further 
amended to read: 
§7403. Responsibility; location; geographic access 
The center school is responsible for providing a free, appropriate public education to 
students enrolled pursuant to chapter 301. The center school programs are operated by the 
Maine Educational Center for the Deaf and Hard of Hearing and the Governor Baxter 
School for the Deaf located on Mackworth Island or at a location determined by the 
school board in accordance with section 7407, subsection 17. Satellite school programs, 
including a residential program in accordance with section 7407, subsection 17, may be 
located near the population centers of deaf and hard-of-hearing students within the State. 
Sec. 3. 20-A MRSA §7404, sub-§l, as amended by PL 2007, c. 111, §2, is 
further amended to read: 
1. Funding. Students from this State may attend the center school free of tuition and 
room and board expense. 
Funding for these students is provided by legislative 
appropriation based on the services necessary, including room and board, to satisfy the 
individualized education programs of the students enrolled in the center school. Funding 
must support maintenance of the center school and that portion of the island used by the 
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COMMITTEE AMENDMENT" A" to S.P. 637, L.D. 1839 
center school, security, outreach services, adult education, access to the education 
network of Maine and operations of the center school, including the residential program, 
parent-infant program, preschool program and communication garden program. Funding 
must also support maintenance and operations of any satellite school. 
Sec. 4. 20-A MRSA §740S, sub-§l, as amended by PL 2003, c. 533, §7, is 
further amended to read: 
1. Enrollment. The superintendent of the school administrative unit in which a deaf 
or hard-of-hearing student resides, with the consent of that student's parent or legal 
guardian and in accordance with the limitations in section 5051-A, may enroll that 
student in the center school or in one of the center school flrograms or the satellite school 
programs. +he For students enrolled in the center school, the sums necessary fer to 
ensure that services required to meet the individualized education program for each 
student, including tuition and room and board of the stHaent vlhile attenaing one of the 
center school flrograms or satellite school flrograms, as aeterminea sy the inaiviEffializea 
eEffication flrogram of the smaent, must be paid by the school board. Beginning July 1, 
2013, the sums necessary to provide transportation services for a student enrolled in the 
center school, as determined by the individualized education program of the student, must 
be paid by the school board. 
Sec. S. 20-A MRSA §740S, sub-§2, as amended by PL 1999, c. 775, §6, is 
further amended to read: 
2. State and federal educational services requirements. The center school, center 
preschool and any satellite school must comply with all standards for state public schools 
and must comply with all federal and state laws and department rules for the provision of 
educational services to children with disabilities. 
Sec. 6. 20-A MRSA §7407, sub-§2, as enacted by PL 1995, c. 676, §5 and 
affected by § 13, is amended to read: 
2. Selection of executive director. The school board shall hire a superintenaent an 
executive director. 
Sec. 7. 20-A MRSA §7407, sub-§4-A, as amended by PL 2005, c. 279, §9, is 
further amended to read: 
4-A. 
Budget development. 
The school board shall, with the aid of the 
superintendent executive director 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. Annaal1y, not later than Janaary 1 st, 
seginning for fiscal year 2001 02, in aadition to complying with the provisions of Title 5, 
seotions 1665 aHa 1666, the sohool aoara shall preseHt the admiHistrative operating 
aadget for the MaiHe BaaoatioHal CeBter for the Deaf aHa Hara of HeariBg ana the 
GO'rernor Baxter Sohool for the Deaf to the Governor aHa the Legislatare for review ay 
the jOiHt stanaing oommittee of the LegislatHre haviHg j1:lrisaictioB over eaacation 
matters. The adm:iHistrative operating aaaget ffl1:lst ae flresentea as a liHe item aaaget for 
eaoh of the flrograms 1:lflaer its jl:lFisaiotion. A liability or oaligatioH may not ae iHoarrea 
anaer this chaflter aeYOHa the amoaHt aflflroved iB the admiHistrative ofleratiHg aaaget. 
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COMMITTEE AMENDMENT" A" to S.P. 637, L.D. 1839 
The sehool board may make eKpenditures only in aeeordanee with alloeations approved 
by the Legislature. Any balanee of 00 alloeation or subdivision of an alloeation made by 
the Legislamre for the se8001 that at the time is not required for the purpose named in the 
alloeation or subdivision may be troosferred prior to the dosing of the books for the fiseal 
year to any other alloeation or subdivision of aHj' alloeation made by the Legislature for 
the use of the sehool for the same fiseal year. The troosfer is subjeet to re'liew by the 
joiBt standing eommittee of the Legislature having jurisdietion over appropriations ood 
finooeial affairs. Finooeial statements deseribing the troosfer must be submitted by the 
sehool board to the Offiee of Fiseal and Program Revie'll 3Q days before the transfer is 
implemented. In ease of eKtraordinary emergeney transfers, the 3Q day prior submission 
requirement may be 'i'/aived by vote of the eommittee. These finooeial statements must 
inelude information speeifying the aee01::lnts that are afreeted, the amounts to be 
transferred, a deseription of the transfer ood a detailed eXfllanation of the reason the 
troosfer is Reeded. The sehool board shall also provide aR annual justifieatioR for the 
fiRooeeS ood operatioRs ef the programs uRder the jurisdietion of the sehoel to the joint 
stooding eemmittee of the Legislature ha'liRg jurisdietion over apprepriatioRs ood 
finooeial affairs ood the jOiRt stooding eOlllfHittee of the Legislature having jurisdietioR 
over ed\ieation matters. The justifieatiofl for the fiflanees and operatiofls of tHe sehool 
must be preseflted as a line item budget for eaeh of the programs uRder its jurisdietion. 
Sec. 8. 20-A MRSA §7407, sub-§4-B is enacted to read: 
4-B. Budget presentation. Annuallv. not later than Januarv 1st. in addition to 
complying with the provisions of Title 5. sections 1665 and 1666. the school board shall 
present the budget for the Maine Educational Center for the Deaf and Hard of Hearing 
and the Governor Baxter School for the Deaf to the Governor and the Legislature for 
review by the commissioner and the joint standing committee of the Legislature having 
jurisdiction over education matters. Beginning for fiscal year 2013-14. the budget must be 
presented in a cost center summary budget format pursuant to section 1485. subsection 1, 
paragraph A and must include specific budget information. including revenues and 
expenditures, for the center school, the center preschool and statewide educational 
services or outreach. Revenue sources must include revenue received through state 
appropriation pursuant to section 7404. as well as fees and other revenues collected from 
school administrative units. The school board shall provide a detailed accounting of the 
fees and other revenue collected from each school administrative unit and the services 
provided to each unit. A liability 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 pumose 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 30 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 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" A" to S.P. 637, L.D. 1839 
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. 
Sec. 9. 20-A MRSA §7407, sub-§§14 and 18, as enacted by PL 1995, c. 676, §5 
and affected by § 13, are amended to read: 
14. Criteria for enrollment. The school board shall establish and disseminate to 
school administrative units the criteria to be used in determining eligibility of applicants 
for enrollment in the center school. 
18. Fees and charges. The school board shall establish and collect necessary fees 
and set policies relating to other appropriate charges for students. The school board shall 
annually submit a schedule of fees to be charged to school administrative units for each 
service provided by the Maine Educational Center for the Deaf and Hard of Hearing and 
the Governor Baxter School for the Deaf to the Governor. A detailed accounting of fees 
collected from each unit and the services provided, including statewide educational 
services or outreach, must be included in the presentation of the budget pursuant to 
subsection 4-B. 
Sec. 10. 20-A MRSA §7408, as enacted by PL 1995, c. 676, §5 and affected by 
§ 13, is amended to read: 
§7408. Powers and duties of executive director 
The powers and duties of the superiateaeeat executive director include the following. 
1. Staff and administration. The superiateaeeat executive director shall hire staff 
and administer school operations. 
2. 
Enrollment. 
The superiateaeeat executive director shall work with 
superintendents from other school administrative units, pursuant to section 7405, 
subsection 1, to enroll students. 
Sec. 11. Implementation; report. The Commissioner of Education and the 
Executive Director of the Maine Educational Center for the Deaf and Hard of Hearing 
and the Governor Baxter School for the Deaf shall provide a joint report by February 15, 
2013 to the joint standing committee of the Legislature having jurisdiction over education 
and cultural affairs on the implementation of the provisions of this Act. The report must 
include, but is not limited to: 
1. The criteria for enrollment 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 to clarify the enrollment status of students attending the center preschool, the 
center school or a satellite school that is operated by the Maine Educational Center for the 
Deaf and Hard of Hearing and the Governor Baxter School for the Deaf; 
2. The projected fiscal impact for fiscal year 2013-14, including the projected cost 
center surnrnary budget to be proposed for transportation pursuant to the Maine Revised 
Statutes, Title 20-A, section 1485, subsection 1, paragraph A, to implement the 
requirement set forth in Title 20-A, section 7405, subsection 1 that the Maine Educational 
Center for the Deaf and Hard of Hearing and the Governor Baxter School for the Deaf is 
responsible for the costs of providing transportation services for students enrolled in the 
center school or a satellite school; 
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COMMITTEE AMENDMENT" A "to S.P. 637, L.D. 1839 
3. The technical assistance and guidance provided by the Department of Education or 
other state agencies to the Maine Educational Center for the Deaf and Hard of Hearing 
and the Governor Baxter School for the Deaf and to school administrative units that send 
students to attend the center preschool, the center school or a satellite school regarding 
implementation of this Act; and 
4. Findings and recommendations, including any necessary changes to Title 20-A, 
chapter 304 or other applicable statutes or Department of Education rules, that clarify the 
procedural and financial responsibilities of the Maine Educational Center for the Deaf 
and Hard of Hearing and the Governor Baxter School for the Deaf and school 
administrative units that send students to attend the center preschool, the center school or 
a satellite school. 
The joint standing committee of the Legislature having jurisdiction over education 
and cultural affairs may submit a bill related to the report presented pursuant to this 
section to the First Regular Session of the 126th Legislature.' 
SUMMARY 
This amendment is the majority report of the Joint Standing Committee on Education 
and Cultural Affairs. The amendment strikes and replaces the bill and clarifies the laws 
governing the Maine Educational Center for the Deaf and Hard of Hearing and the 
Governor Baxter School for the Deaf. It: 
1. Establishes the center preschool program; 
2. Establishes as chief administrator the Executive Director of the Maine Educational 
Center for the Deaf and Hard of Hearing and the Governor Baxter School for the Deaf; 
3. Specifies that the center school has responsibility for providing a free, appropriate 
public education to enrolled students; 
4. Clarifies that not all of the programs of the center school take place on Mackworth 
Island; 
5. Specifies that, beginning July 1, 2013, the Maine Educational Center for the Deaf 
and Hard of Hearing and the Governor Baxter School for the Deaf is responsible for the 
costs of providing transportation for students enrolled in the center school; 
6. Requires that the budget be presented in a cost center summary budget format, and 
specifies the information that the budget must contain; and 
7. Directs the Commissioner of Education and the Executive Director of the Maine 
Educational Center for the Deaf and Hard of Hearing and the Governor Baxter School for 
the Deafto prepare and present a joint report by February 15, 2013 to the joint standing 
committee of the Legislature having jurisdiction over education and cultural affairs on the 
implementation of these provisions. 
The 
report must include 
findings 
and 
recommendations, including any necessary changes to the Maine Revised Statutes, Title 
20-A, chapter 304 or other applicable statutes or Department of Education rules, that 
clarify the procedural and financial responsibilities of the Maine Educational Center for 
the Deaf and Hard of Hearing and the Governor Baxter School for the Deaf and school 
administrative units that send students to attend the center preschool, the center school or 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" A" to S.P. 637, L.D. 1839 
a satellite school. It also authorizes the joint standing committee of the Legislature 
having jurisdiction over education and cultural affairs to submit a bill to the First Regular 
Session of the 126th Legislature related to the report. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 03/21112 
;tva~ 
LD 1839 
LR2731(02) 
An Act To Derme Cost Responsibility for Transporting Deaf and Hard-of-hearing Students to the 
Maine Educational Center for the Deaf and Hard of Hearing and the Governor Baxter School for the 
Deaf 
Fiscal Detail and Notes 
Fiscal Note for Bill as Amended by Committee Amendment" A" S - "'", 7 
Committee: Education and Cultural Mfairs 
Fiscal Note Required: Yes 
Fiscal Note 
Potential future biennium cost increase - General Fund 
This legislation may increase the total cost of Essential Programs and Services and the State's share of that cost 
beginning in fiscal year 2013-14. The General Purpose Aid for Local Schools program within the Department of 
Education may require additional General Fund appropriations beginning in fiscal year 2013-14 for the additional co~ 
to the Maine Educational Center for the Deaf and Hard of Hearing and the Governor Baxter School for the Deaf 
(MECDHHlGBSD) to provide transportation services for students enrolled at the center school effective July 1, 2013. 
This transportation service is currently provided by the local school administrative unit in which the student resides. 
The additional cost to the MECDHHlGBSD to provide transportation services can not be determined at this time. 
However, because state funding for both MECDHHlGBSD and local school administrative units is provided within 
the General Purpose Aid for Local Schools program account, the General Fund appropriation needed to support the 
additional cost to the MECDHH/GBSD may be partially offset by a reduction in state subsidy to those local school 
units who will no longer provide transportation services for students enrolled at the center school. 
Additional costs to the Department of Education and the Maine Educational Center for the Deaf and Hard of Hearing 
and the Governor Baxter School for the Deaf to provide the required report can be absorbed within existing budgeted 
resources. 
LR2731(02) - Fiscal Note - Page 1 of 1