An Act Regarding Special Education Requirements for School Administrative Units That Do Not Operate Any Schools
Maine Legislature, Session 126, LD 1184
Committee Amendment CA_A_H399 (House)

COMMITTEE AMENDMENT "A" to H.P. 828, L.D. 1184, Bill, "An Act 
Regarding Special Education Requirements for School Administrative Units That Do Not 
Operate Any Schools" 
Amend the bill by striking out the title and substituting the following: 
'Resolve, Requiring Rulemaking Regarding Special Education Requirements and 
Review of School Administrative Units That Do Not Operate Any Schools' 
Amend the bill by striking out everything after the title and before the summary and 
inserting the following: 
'Sec. 1. Department of Education to adopt rules. Resolved: 
That the 
Department of Education shall amend its rules governing special education to establish a 
process for the department to review sending school units with respect to children with 
disabilities who reside within the sending school units who attend receiving schools. As 
used in this resolve, "sending school unit" means a school administrative unit that does 
not own, lease or otherwise operate any school. 
As used in this resolve, "receiving 
school" means a school administrative unit or private school that receives students from a 
sending school unit. The process must include: 
1. 
A requirement that the department contact the superintendent of the sending 
school unit under review to request a list of students with disabilities and the receiving 
school each student attends; 
2. 
A requirement that the department request the receiving school to submit 
information to the department :,n connection with the students who are from the sending 
school unit that is under review. The information must include, but is not limited to, 
individualized education pro!,rrams, written notices, advanced written notices and 
evaluations. 
The rules must require the receiving school to submit the information 
requested by the department; 
3. A method for the department to audit the information submitted by the receiving 
school and a procedure for the department to issue letters of findings. and corrective 
action plans to the superintendent of the sending school unit. The rules must also include 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT 'A" to H.P. 828, L.D.1184 
a requirement that the department send copies of letters of findings and corrective action 
plans to the person in charge of special services for the receiving school; 
4. 
A requirement that the sending school unit under review submit letters to the 
department indicating the sending school unit has authorized the receiving school to 
commit resources on behalf of the sending school unit and in furtherance of the sending 
school unit's policies for child find and referral as set forth in federal law; and 
5. 
A requirement that the sending school unit under review recognize its 
responsibility for providing free appropriate public education and confirmation from the 
sending school unit that it will work with the receiving school to correct any findings 
outlined in letters of findings and corrective action plans. 
Rules adopted pursuant to this section are major substantive rules as defined in the 
Maine Revised Statutes, Title 5, chapter 375, subchapter 2-A.' 
SU~ARY 
This amendment replaces the bill with a resolve. 
The amendment directs the 
Department of Education to amend its rules governing special education to establish a 
process for the department to review sending school units with respect to children with 
disabilities who reside within the sending school unit who attend a receiving school. 
FISCAL.\ UI E Ki:.l.l LiKED 
(~e.!~tt~c~~d) 
COMMITTEE AMENDMENT 
Approved: 06/03/13 
~ac. 
.LD 1184 
LR 760(02) 
An Act Regarding Special Education Requirements for School Administrative Units That Do Not 
Fiscal Detail and Notes 
Operate Any Schools 
)\ 
Fiscal Note for Bill as Amended by Committee Amendment '~CH'" 3Cfi) 
Committee: Education and Cultural Affairs 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Additional costs to the Department of Education associated with the rulemaking process can be absorbed within 
existing budgeted resources. 
LR0760(02) - Fiscal Note - Page 1 of 1