An Act To Establish a Special Education Circuit Breaker Reimbursement Program
Maine Legislature, Session 129, LD 0136
Committee: Education and Cultural Affairs
Sponsors: RUDNICKI, ARATA, BRADSTREET, GRIFFIN, WHITE
Amends: 20-A MRSA §15689

Legislative Document
No. 136
H.P. 118
House of Representatives, January 17, 2019
An Act To Establish a Special Education Circuit Breaker 
Reimbursement Program
Reference to the Committee on Education and Cultural Affairs suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative RUDNICKI of Fairfield.
Cosponsored by Representatives: ARATA of New Gloucester, BRADSTREET of Vassalboro, 
GRIFFIN of Levant, WHITE of Waterville.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  20-A MRSA §15689, sub-§16 is enacted to read:
16.  Special education circuit breaker reimbursement program.  The special 
education circuit breaker reimbursement program is established.  Beginning in fiscal year 
2019-20 and in each subsequent year, the department shall in accordance with this 
subsection reimburse school administrative units, for a student whose eligible special 
education costs exceed 4 times the statewide EPS per-pupil rate, 75% of the amount of 
the special education costs that are above 4 times the statewide EPS per-pupil rate.
A.  For purposes of this subsection, "special education costs" include only those costs 
directly attributable to providing the special education services in a student's 
individual education plan and do not include transportation costs.
B.  To be eligible for reimbursement under this program, a school administrative unit 
must:
(1) Include an estimate of a student's special education costs that the school 
administrative unit expects to be eligible for reimbursement under this program 
in the school administrative unit's school budget document prepared pursuant to 
section 15693; 
(2) Annually report special education costs eligible for reimbursement under this 
subsection to the department for each eligible student on forms provided by the 
department; and
(3) Notify the department within 30 days of any change in previously approved 
special education costs, including but not limited to any changes in a student's 
enrollment status or individual education plan.
C.  The department shall distribute reimbursements on a quarterly basis.
D.  Funds received by a school administrative unit pursuant to this subsection must be 
deposited in a separate revolving account and may be spent only on eligible special 
education costs.
E.  The department may not reimburse a school administrative unit for a student's 
special education costs for which a school administrative unit has otherwise received 
or expects to receive payment under this chapter, including but not limited to 
payment received pursuant to section 15689-A.
SUMMARY
This bill establishes the special education circuit breaker reimbursement program, in 
which the Department of Education reimburses school administrative units, for a student 
whose eligible special education costs exceed 4 times the statewide EPS per-pupil rate, 
75% of the amount of the special education costs that are above 4 times the statewide 
EPS per-pupil rate. The bill requires the department to distribute reimbursements to 
eligible school administrative units on a quarterly basis, and the reimbursements must be 
deposited in a separate revolving account that may be spent only on approved special 
education services.