An Act To Align Maine Special Education Statutes with Federal Requirements
Maine Legislature, Session 125, LD 1345
Committee: Education and Cultural Affairs
Sponsors: JOHNSON, DIAMOND, CHASE, EDGECOMB, KESCHL, PETERSON, STRANG BURGESS, RECTOR, SULLIVAN, THOMAS
Amends: 5 MRSA §12004-I, 20-A MRSA §254, 20-A MRSA §7202, 20-A MRSA §7258, 26 MRSA §1411-D, 34-B MRSA §3004, 34-B MRSA §5433, 34-B MRSA §6004

Legislative Document 
No. 1345 
H.P. 986 
House of Representatives, March 29, 2011 
An Act To Align Maine Special Education Statutes with Federal 
Requirements 
Submitted by the Department of Education pursuant to Joint Rule 204. 
Reference to the Committee on Education and Cultural Affairs suggested and ordered 
printed. 
HEATHER J.R. PRIEST 
Clerk 
Presented by Representative JOHNSON of Greenville. 
Cosponsored by Senator DIAMOND of Cumberland and 
Representatives: CHASE of Wells, EDGECOMB of Caribou, KESCHL of Belgrade, 
PETERSON of Rumford, STRANG BURGESS of Cumberland, Senators: RECTOR of Knox, 
SULLIVAN of York, THOMAS of Somerset. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  5 MRSA §12004-I, sub-§10-A, as enacted by PL 1989, c. 899, §1, is 
repealed. 
Sec. 2.  20-A MRSA §254, sub-§13 is enacted to read: 
13.  Transitional services for students with disabilities.  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. 
Sec. 3.  20-A MRSA §7202, sub-§9, as amended by PL 2005, c. 662, Pt. A, §23, 
is further amended to read: 
9.  Securing parental permission.  For the agency conducting studies pursuant to 
Title 5, chapter 511: 
A.  Assist the agency in its studies; and 
B.  Facilitate access to relevant case records by: 
(1)  Notifying parents or guardians of the study; and  
(2)  Requesting parental consent for the agency to have access to case records; 
and 
Sec. 4.  20-A MRSA §7202, sub-§10, as amended by PL 2005, c. 662, Pt. A, §23, 
is further amended to read: 
10.  Department of Health and Human Services; authority to request convening 
of pupil evaluation 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 team meeting and to attend and participate in any pupil evaluation team 
meetings concerning a child with a disability who is a state ward.  The written notice 
must indicate the time and place of the pupil evaluation team meeting and a copy of the 
notice must be placed in the child's permanent record.; and 
Sec. 5.  20-A MRSA §7202, sub-§11 is enacted to read: 
11.  Transitional services for students with disabilities.  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. 
Sec. 6.  20-A MRSA §7258, as amended by PL 2001, c. 354, §3 and PL 2003, c. 
689, Pt. B, §6, is repealed. 
Sec. 7.  20-A MRSA c. 308, as amended, is repealed. 
Sec. 8.  26 MRSA §1411-D, sub-§7, as enacted by PL 1995, c. 560, Pt. F, §13, is 
amended to read: 
7.  Joint undertakings.  May enter into joint undertakings with public and private 
agencies to further the effectiveness of services for disadvantaged individuals; and 
Sec. 9.  26 MRSA §1411-D, sub-§8, as enacted by PL 1995, c. 560, Pt. F, §13, is 
amended to read: 
8.  Eligibility and priority.  Shall determine the eligibility of individuals for 
rehabilitation services or evaluation and vocational services and the priority for those 
services in accordance with rules established by the department; and. 
Sec. 10.  26 MRSA §1411-D, sub-§9, as enacted by PL 1995, c. 560, Pt. F, §13, 
is repealed. 
Sec. 11.  34-B MRSA §3004, sub-§3, ¶B, as amended by PL 1985, c. 768, §4, is 
further amended to read: 
B.  Assess service needs, monitor service delivery related to these needs and evaluate 
the outcome of programs designed to meet these needs in order to enhance the quality 
and effectiveness of community support services; and 
Sec. 12.  34-B MRSA §3004, sub-§3, ¶C, as amended by PL 1995, c. 560, Pt. K, 
§33, is further amended to read: 
C.  Prepare a report that describes the system of community support services in each 
of the mental health service regions and statewide. 
(1)  The report must include both existing service resources and deficiencies in 
the system of services. 
(2)  The report must include an assessment of the roles and responsibilities of 
mental health agencies, human services agencies, health agencies and involved 
state departments and must suggest ways in which these agencies and 
departments can better cooperate to improve  the service system for people with 
chronic mental illness. 
(3)  The report must be prepared biennially and must be submitted to the joint 
standing committee of the Legislature having jurisdiction over human resources 
by December 15th of every even-numbered year. 
(4)  The committee shall review the report and make recommendations with 
respect to administrative and funding improvements in the system of community 
support services to persons with chronic mental illness; and. 
Sec. 13.  34-B MRSA §3004, sub-§3, ¶D, as amended by PL 2009, c. 147, §12, 
is repealed. 
Sec. 14.  34-B MRSA §5433, sub-§3, as amended by PL 1985, c. 768, §6, is 
further amended to read: 
3.  Cooperation.  Cooperate with other state agencies, municipalities, other 
governmental units, unincorporated associations and nonstock corporations in order to 
provide and help finance services and programs for mentally retarded persons; and 
Sec. 15.  34-B MRSA §5433, sub-§4, as amended by PL 1985, c. 768, §6, is 
further amended to read: 
4.  Available funds.  Receive and use for the purpose of this article money 
appropriated by the State, grants by the Federal Government, gifts from individuals and 
money from any other sources; and. 
Sec. 16.  34-B MRSA §5433, sub-§5, as amended by PL 2009, c. 147, §13, is 
repealed. 
Sec. 17.  34-B MRSA §6004, first ¶, as amended by PL 2007, c. 356, §28 and 
affected by §31, is further amended to read: 
The commissioner shall submit a report in coordination with the Commissioner of 
Education on efforts to plan for and develop social and habilitative services for persons 
who have autism and other pervasive developmental disorders to the Governor and the 
joint standing committee committees of the Legislature having jurisdiction over health 
and institutional services matters and educational and cultural affairs. This report must be 
submitted no later than January 15th of every odd-numbered year and must be submitted 
in conjunction with the plan required by section 5003-A, subsection 3. 
SUMMARY 
This bill repeals provisions providing for planning the transition of students with 
disabilities to adult services and for transitional services coordination projects for 
students with disabilities by the Interdepartmental Committee on Transition in order to 
make state requirements regarding these students not exceed federal requirements.  The 
bill eliminates the Interdepartmental Committee on Transition  It also repeals provisions 
for transitional pilot projects for which funding is no longer provided. 
This bill enacts language regarding the duties of school administrative units and the 
Commissioner of Education with regard to services for students with disabilities who are 
in transition from school to the community in accordance with the provisions of rules 
adopted by the Department of Education. 
This bill provides for the coordination of the Department of Health and Human 
Services and the Department of Education in the submission of the annual report on 
efforts to plan for and develop social and habilitative services for persons who have 
autism and other pervasive developmental disorders and provides that the report also be 
submitted to the joint standing committee of the Legislature having jurisdiction over 
education and cultural affairs.