An Act To Strengthen the Individualized Education Program Process
Maine Legislature, Session 130, LD 0552
Committee Amendment CA_A_HA_A_H739 (House)

HOUSE AMENDMENT ."A " to COMMITTEE AMENDMENT "A" to H.P. 397, 
L.D. 552, "An Act To Strengthen the Individualized Education Program Process" 
Amend the amendment in section 1 in the 13th line (page 1, line 26 in amendment) by 
inserting after the following: "guardian." the following: 
1It is not unreasonable to deny 
pa1ticipation of an education technician or other educator if participation by that individual 
would require the expenditure of funds by the school administrative unit.' 
Amend the amendment by inserting after section 1 the following: 
'Sec. 2. Reimbursement. Resolved: That the Department of Education shall 
develop a process to provide reimbursement to school administrative units for 90% of the 
costs associated with obtaining parental consent in cases of a material change in services 
to, or a substantial change in the placement of, a student with a disability, and shall provide 
such reimbursement. 
Sec. 3. 
Appropriations and allocations. 
Resolved: That the following 
appropriations and allocations are made. 
EDUCATION, DEPARTMENT OF 
Parental Consent - Mandate N409 
Initiative: Provides ongoing funds to reimburse local school administrative units for 90% 
of the costs associated with obtaining parental consent in cases of a material change in 
services to, or a substantial change in the placement of, a student with a disability. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
2021-22 
$2,397 
$2,397 
2022-23 
$2,397 
$2,397 
Amend the amendment by relettering or renumbering any nonconsecutive Pait letter or 
section number to read consecutively. 
Page I • 130LR0857(04) 
HOUSE AMENDMENT 
ROS 
HOUSE AMENDMENT "A " to COMMI1TEE AMENDMENT "A" to H.P. 397, L.D. 552 
SUMMARY 
This amendment allows the denial of participation of an education technician or other 
educator in an individualized education program team meeting if participation by that 
person would require the expenditure of funds by the school administrative unit. 
This amendment also requires the Depa1iment of Education to develop a process to 
provide reimbursement to school administrative units for 90% of the cost of obtaining 
parental consent in cases of a material change in services to, or a substantial change in the 
<0 J, J1~-A 
. 
placement of, a student.with a disability, dt· 
SPONSORED BY: ?::ls K:74MJ'.,,llx 
(Representative MIL~T, R.) 
TOWN: Cape Elizabeth 
FISCAL NOTE REQUIRED 
(See attached) 
HOUSE AMENDMENT 
Approved: 06/29/21 Mac 
' 
LD 552 
LR 857(04) 
An Act To Strengthen the Individualized Education Program Process 
Fiscal Note for House Amendment',.!.\" to Committee Amendment "A" /, 
.. --::, '?'Q \ 
Sponsor: Rep. Millett of Cape Elizabeth 
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Net Cost (Savings) 
General Fund 
Appropriations/Allocations 
General Fund 
State Mandates 
Required Activity 
Fiscal Note Required: Yes 
Fiscal Note 
State Mandate - Funded 
FY 2021-22 
$2,397 
$2,397 
FY 2022-23 
$2,397 
$2,397 
Requires the Department of Education to amend rule Chapter 101, Maine Unified 
Special Education Regulation Birth to Age Twenty to require school administrative 
units to obtain parental consent in cases of a material change in services to, or a 
substantial change in the placement of, a student with a disability, Requires the rule 
to clearly articulate methods of acquiring parental consent including options to 
address a lack of response from parents or guardians. 
Projections 
FY 2023-24 
$2,397 
$2,397 
Unit Affected 
School 
Projections 
FY 2024-25 
$2,397 
$2,397 
Local Cost 
$2,664 
The required local activities in this bill may represent a state mandate pursuant to the Constitution of Maine. If the bill 
does require a local unit of government to expand or modify its activities so as to necessitate additional expenditures 
from local revenue, the state mandate provisions of the Constitution of Maine require either: (I) General Fund 
appropriations be provided to fund at least 90% of any additional necessitated local costs of the mandate; or (2) a 
Mandate Preamble be added to the bill and two-thirds of the members of each House vote to exempt the mandate from 
the funding requirement. If the bit! does represent a state mandate and neither one of these actions occurs, the local 
units of government will not be required to implement the mandated activities, 
Fiscal Detail and Notes 
The bill requires rule chapter 101 to be amended to provide that education technicians and other educators with direct 
regular contact may not be unreasonably denied participation at individualized education program (IEP) team 
meetings if requested by the parent or guardian, This amendment clarifies that it is not unreasonable to deny such 
participation if it requires expenditure of school funds. 
LR0857(04) - Fiscal Note - Page 1 of2 
This amendment also adds ongoing General Fund appropriations of $2,397 per year beginning in fiscal year 2021-22 
to a newly created Parental Consent - Mandate program within the Department of Education to reimburse local school 
administrative units for 90% of the costs of obtaining parental consent. This estimate assumes the methods of 
acquiring parental consent in the rule will include telephone calls, written conespondence sent through first class 
:1 
and, if no response is received, through certified mail with a return receipt requested. This estimate also assumes 
., 
cost for a home and/or workplace visit by a principal in an attempt to obtain parental consent. This estimate may need 
to be revised depending on the methods of acquiring parental consent that are included in the final amended rule. 
LR0857(04) - Fiscal Note - Page 2 of2