An Act To Update the Laws Regarding the Maine Educational Center for the Deaf and Hard of Hearing and the Governor Baxter School for the Deaf
Maine Legislature, Session 130, LD 1632
Committee: Education and Cultural Affairs
Sponsors: PIERCE, BREEN
Amends: 20-A MRSA §7402, 20-A MRSA §7403, 20-A MRSA §7404, 20-A MRSA §7405-A, 20-A MRSA §7406, 20-A MRSA §7407, 20-A MRSA §7411, 20-A MRSA §7413

Legislative Document
No. 1632
H.P. 1216
House of Representatives, April 28, 2021
An Act To Update the Laws Regarding the Maine Educational 
Center for the Deaf and Hard of Hearing and the Governor Baxter 
School for the Deaf
Reference to the Committee on Education and Cultural Affairs suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative PIERCE of Falmouth.
Cosponsored by Senator BREEN of Cumberland.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  20-A MRSA §7402, as amended by PL 2011, c. 683, §1, 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 preschool located at Mackworth Island known as the Governor 
Baxter School for the Deaf, the center preschool Mackworth Island Preschool and any 
satellite school site-based program within the State that may be operated under a contracted 
services agreement memorandum of understanding with a school administrative unit.
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.
4.  Executive director.  "Executive director" means the Executive Director of the 
Maine Educational Center for the Deaf and Hard of Hearing and the Governor Baxter 
School for the Deaf.
5.  Center school.  "Center school" means the kindergarten to grade 12 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.
5-A.  Mackworth Island Preschool.  "Mackworth Island Preschool" means the 
preschool established and operated by the Maine Educational Center for the Deaf and Hard 
of Hearing and the Governor Baxter School for the Deaf at Mackworth Island.
6.  Satellite school Site-based program.  "Satellite school Site-based program" means 
the programs any additional program, including a residential program, an inclusive day 
school programs program, early childhood programs and program or outreach programs 
program, that are is located near the a 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 resources, 
information and services provided to children who are deaf or hard of hearing from birth 
to 20 years of age and the children’s families statewide.  Services may include early 
intervention, specially designed instruction, consultation, evaluation, speech therapy, 
social-emotional programming, family programming and interpreting, referral services and 
involvement with an individual education plan or an individualized family service plan as 
defined in the federal Individuals with Disabilities Education Act, 20 United States Code, 
Section 1401 (2015) or a 504 plan.
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.
10.  504 plan.  "504 plan" means a program developed pursuant to Section 504 of the 
federal Rehabilitation Act of 1973.
11.  Boarding.  "Boarding" means the room and board for a student in grades 9 to 12 
whose family lives more than 50 miles from a site-based program.
Sec. 2.  20-A MRSA §7403, as amended by PL 2013, c. 552, §1, is further amended 
to read:
§7403.  Responsibility Mackworth Island Preschool and site-based program; location 
locations; geographic access
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 Mackworth Island 
Preschool may be located on Mackworth Island or at a location determined by the school 
board in accordance with section 7407, subsection 17.  Satellite school programs A site-
based program, including a residential boarding program in accordance with section 7407, 
subsection 17, may be located near the a population centers of deaf and hard-of-hearing 
students within the State.
Sec. 3.  20-A MRSA §7404, sub-§1, as amended by PL 2011, c. 683, §3, is further 
amended to read:
1.  Funding.  Students from this State may attend the center school Mackworth Island 
Preschool and site-based programs free of tuition and room and board boarding expense.  
Funding for these students is provided by legislative appropriation based on the services 
necessary, including room and board boarding expenses, to satisfy the individualized 
education programs of the students enrolled in the center school Mackworth Island 
Preschool and site-based programs.  Funding must support site-based programs and 
maintenance of the center school Mackworth Island Preschool and that portion of the island 
used by the 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 Mackworth 
Island Preschool.
Sec. 4.  20-A MRSA §7405-A, as enacted by PL 2013, c. 552, §3, is amended to 
read:
§7405-A.  Placement; outreach program and funding; state and federal educational 
services requirements; technical assistance
Beginning July 1, 2015 January 1, 2022, the following provisions apply to student 
placement, an outreach program, outreach program funding responsibility, state and federal 
educational services requirements and technical assistance.
1.  Placement.  The school administrative unit in which a deaf or hard-of-hearing 
student resides is responsible for providing a free, appropriate public education pursuant to 
chapter 301 for a student placed in the center school or in one of the satellite school 
programs Mackworth Island Preschool or a site-based program.  An individualized 
education program team or 504 plan team for a school administrative unit in which a deaf 
or hard-of-hearing student resides is responsible for the placement decision of that student 
and, when the center school Mackworth Island Preschool or one of the satellite school 
programs a site-based program is being considered as a placement for the student, shall 
may invite a representative of the center school or the satellite school a Maine Educational 
Center for the Deaf and Hard of Hearing program administrator or a Governor Baxter 
School for the Deaf program administrator to attend the individualized education program 
team meeting or 504 plan team meeting at which this placement is being considered.  The 
In collaboration with the student's individualized educational program team or 504 plan 
team, the Maine Educational Center for the Deaf and Hard of Hearing program 
administrator or the Governor Baxter School for the Deaf program administrator shall 
determine if the student's needs can be served within existing programs of the Maine 
Educational Center for the Deaf and Hard of Hearing and the Governor Baxter School for 
the Deaf pursuant to established enrollment criteria. The Legislature is responsible for the 
sums necessary to ensure that the services required to meet the individualized education 
program or 504 plan for each student placed in the center school Mackworth Island 
Preschool or in one of the satellite school programs a site-based program are provided, 
including:
A.  The cost of tuition; and
B.  The costs of transportation and other related services as defined by section 7001, 
subsection 4‑B, including the following related services specific for students who are 
deaf or hard-of-hearing enrolled in the Mackworth Island Preschool or a site-based 
program:
(1)  Speech-language therapy;
(2)  Audiology in conjunction with the student’s primary managing audiologist;
(3)  Occupational therapy;
(4)  Transportation;
(5)  Interpreting American Sign Language interpreting services;
(6)  Extended school year services;
(7)  Frequency modulation systems;
(8)  Evaluation for the following services:
(a)  Occupational therapy;
(b)  Speech-language therapy;
(c)  American Sign Language;
(d)  Psychoeducational assessment for placement; and
(e)  Academic achievement; and
(f)  Functional listening;
(9)  Behavioral supports and planning.
(10)  Specially designed instruction;
(11)  Acoustic consultation, including measurement of unoccupied classroom noise 
levels and observation of the environment to make recommendations for 
acoustically appropriate treatment;
(12)  Behavioral supports and planning, functional behavioral evaluations and 
behavior intervention plans;
(13)  Transition planning;
(14)  Boarding services; and
(15)  Educational technicians for language support in general education classes for 
students with eligibility categories of hard of hearing, deafness and deaf and blind.
Beginning July 1, 2015 January 1, 2022, the costs of related services not listed in this 
paragraph are the responsibility of the school administrative unit in which a deaf or 
hard-of-hearing student resides for those students attending the center school 
Mackworth Island Preschool or in one of the satellite school programs operated by the 
Maine Educational Center for the Deaf and Hard of Hearing and the Governor Baxter 
School for the Deaf a site-based program beginning in the 2015-2016 2022-2023 
school year.
The school board shall pay the room and board boarding costs for each student placed in a 
residential site-based program in the center school or in one of the satellite school programs 
through funds appropriated by the State.
The school administrative unit shall develop and oversee an individualized education plan 
of a student.  The school administrative unit is responsible for a related service that is 
nonspecific for a student with hearing loss who attends a site-based program and for a 
related service provided in the public school, including services provided by an educational 
technician, a behavioral health professional, a nurse for additional diagnosis such as 
multiple disabilities eligibility categories, physical therapy, physical therapy evaluation and 
a board-certified behavior analyst for interpreting for extracurricular activities.
1-A.  Outreach program.  The Maine Educational Center for the Deaf and Hard of 
Hearing and the Governor Baxter School for the Deaf shall operate an outreach program of 
statewide educational and family services with an office on Mackworth Island or one or 
more locations determined by the school board.  The outreach program must support 
students who are deaf and hard-of-hearing in the State, the students' families and 
professionals who provide services to students from birth to 20 years of age.  The outreach 
program must provide, upon referral, services providing an individualized family service 
plan, a 504 plan or an individualized education plan.  These services are also available to a 
school administrative unit with a student who is deaf or hard-of-hearing placed in a site-
based program.
1-B.  Funding responsibility for outreach program.  Responsibility for funding of 
services provided in the outreach program in subsection 1-A is as follows.
A.  The Maine Educational Center for the Deaf and Hard of Hearing and the Governor 
Baxter School for the Deaf shall fund early intervention services, including:
(1)  Coordination of specialized early intervention providers statewide, including 
educators, speech-language pathologists and occupational therapists specializing 
in deafness;
(2)  Specialized instruction for a student;
(3)  Consultation;
(4)  Family training in American Sign Language and cued speech; and
(5)  Coordination of statewide hearing assistive technology.
B.  The Maine Educational Center for the Deaf and Hard of Hearing and the Governor 
Baxter School for the Deaf shall fund specialized education for students with hearing 
loss, including:
(1)  Specially designed instruction for up to 4 weeks;
(2)  Consultation;
(3)  Parent training and counseling in American Sign Language and cued speech;
(4)  Evaluations for American Sign Language, speech and functional listening;
(5)  Coordination of statewide hearing assistive technology; and
(6)  Coordination of statewide interpreting services.
C.  The school administrative unit in which a student who is deaf or hard-of-hearing 
resides shall fund access in regular environments, including the use of remote 
microphone technology and for certified interpreters, certified deaf interpreters or 
certified transliterators licensed under Title 32, chapter 22.
D.  The Legislature shall fund necessary services based on an individualized family 
service plan, individualized education plan and a 504 plan for a student in the State 
regardless of the student's location.
2.  State and federal educational services requirements.  The center school, center 
preschool Mackworth Island Preschool and any satellite school site-based program shall 
comply with all standards for state public schools and shall comply with all federal and 
state laws and department rules for the provision of educational services to children with 
disabilities.
3.  Technical assistance.  A school administrative unit may request technical 
assistance from the school in matters relating to the education of deaf and hard-of-hearing 
students at no cost to the school administrative unit.
Sec. 5.  20-A MRSA §7406, sub-§1, ¶A, as amended by PL 1999, c. 775, §7, is 
further amended to read:
A.  Four parents of students who are deaf or hard-of-hearing, including a minimum of 
one parent with a child enrolled in the residential program and one parent with a child 
receiving service from the school's outreach program;
Sec. 6.  20-A MRSA §7406, sub-§1, ¶F, as amended by PL 1999, c. 775, §7, is 
further amended to read:
F.  Two students, one who attends the school a site-based program and one who 
receives outreach services, both of whom are nonvoting members and who may not 
participate as board members in executive sessions or receive materials as board 
members from executive sessions.
Sec. 7.  20-A MRSA §7407, sub-§3, as amended by PL 1999, c. 775, §8, is further 
amended to read:
3.  Administration.  The school board shall oversee the administration of the center 
school and Mackworth Island Preschool, any satellite school site-based program and 
outreach program under section 7405-A, subsection 1-A, including the hiring of academic, 
residential, outreach and support staff of the center school Mackworth Island Preschool and 
site-based programs and the approval of contracts for providers of boarding services to 
eligible students.
Sec. 8.  20-A MRSA §7407, sub-§4-B, as enacted by PL 2011, c. 683, §8, is 
amended to read:
4-B.  Budget presentation.  Annually, not later than January 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 Mackworth Island Preschool, site-based programs 
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 purpose 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 
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-§6, as amended by PL 2017, c. 413, §1, is further 
amended to read:
6.  Collection of fees.  The school board may charge service and rental fees for use of 
facilities of the school.  Except as provided in subsections subsection 12-A and 12-B, any 
funds received for service and rental fees must be retained by the school.
Sec. 10.  20-A MRSA §7407, sub-§11, as enacted by PL 1995, c. 676, §5 and 
affected by §13, is amended to read:
11.  Certificates and diplomas.  The school board shall offer courses of study and 
grant diplomas and certificates on completion of courses of study.  This granting of 
diplomas and certificates may be done in cooperation with the sending school and site-
based programs.
Sec. 11.  20-A MRSA §7407, sub-§12-B, as enacted by PL 2017, c. 413, §2, is 
repealed.
Sec. 12.  20-A MRSA §7407, sub-§14, as amended by PL 2011, c. 683, §9, is 
further 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 Mackworth Island Preschool and site-based programs.
Sec. 13.  20-A MRSA §7407, sub-§17, as amended by PL 2005, c. 279, §10, is 
further amended to read:
17.  School programs.  The school board may create, maintain and expand center 
school Mackworth Island Preschool and site-based programs with boarding options and 
programs for children and families that may be served by the school at any satellite school, 
through statewide educational outreach services and through the statewide resource center.  
For the 2000-01 and 2001-02 school years only, the residential program at the Governor 
Baxter School for the Deaf located on Mackworth Island is limited to enrolling up to 20 
students who are deaf or hard-of-hearing.  The superintendent may request that the 
commissioner approve a waiver of the residential enrollment limit and establish additional 
placements for students in the residential program at the Governor Baxter School for the 
Deaf located on Mackworth Island; the commissioner may approve those placements on a 
case-by-case basis and only if the individual education plan of the prospective student who 
is deaf or hard-of-hearing requires placement in a residential program.  Beginning with the 
2002-03 school year, the school board shall establish a satellite school program that offers 
an array of educational programs that provide students who are deaf or hard-of-hearing 
with geographically convenient access to placement options that may be required by their 
individualized education program.
Sec. 14.  20-A MRSA §7407, sub-§18, as amended by PL 2011, c. 683, §9, is 
further amended to read:
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 
education and family services or outreach, must be included in the presentation of the 
budget pursuant to subsection 4‑B.
Sec. 15.  20-A MRSA §7407, sub-§19, as amended by PL 2009, c. 213, Pt. ZZ, §1, 
is further amended to read:
19.  Report.  The school board shall report annually to the Governor, the joint standing 
committee of the Legislature having jurisdiction over education matters and the 
commissioner on the general status of the finances and operations of the school, including 
the center school programs Mackworth Island Preschool and any satellite school site-based 
programs, the status of the professional qualifications of the school board members and the 
results of the assessments required by subsection 16 and the general status of the school 
and shall provide an annual financial audit conducted by an independent auditor.
Sec. 16.  20-A MRSA §7411, as enacted by PL 1999, c. 401, Pt. JJJ, §1, is amended 
to read:
§7411.  Emergency power
Notwithstanding any other provision of law, the commissioner may assume and 
exercise the authority of the school board if the commissioner declares an emergency exists 
such that the health, safety or welfare of students in academic, extracurricular or residential 
boarding programs is in jeopardy or the school is in substantial and persistent violation of 
federal and state law.  The commissioner's declaration of an emergency is not reviewable, 
but the commissioner shall may not exercise this emergency authority for a period not to 
exceed that exceeds 3 months unless the commissioner again declares that an emergency 
continues.
Sec. 17.  20-A MRSA §7413, sub-§4, as enacted by PL 2015, c. 383, §1, is amended 
to read:
4.  Use of property.  The executive director may permit the appropriate use of fixed 
the property, equipment and facilities of the school by the private support organization.  
Such use must be directly in keeping with the purpose of the private support organization 
as set out in subsection 1 and must comply with all appropriate state policies and 
procedures.
SUMMARY
This bill amends the provisions of law regarding the Maine Educational Center for the 
Deaf and Hard of Hearing and the Governor Baxter School for the Deaf by replacing the 
center school and satellite school programs with the Mackworth Island Preschool and site-
based programs.  The bill defines "boarding" as room and board for a high school student 
whose family lives more than 50 miles from a site-based program and deletes references to 
residential programs.
 This bill provides that tuition is free for students of the Mackworth Island Preschool 
and site-based programs and funding responsibility for the school and programs is divided 
between the Legislature and school administrative units.  The Maine Educational Center 
for the Deaf and Hard of Hearing and the Governor Baxter School for the Deaf is directed 
to operate an outreach program of statewide education and family services and the bill lists 
the services to be provided under the program.