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 Amendment CA_A_H995 (House)
Amends: 20-A MRSA §7401, 20-A MRSA §7402, 20-A MRSA §7403, 20-A MRSA §7404, 20-A MRSA §7405-A, 20-A MRSA §7405-B, 20-A MRSA §7405-C, 20-A MRSA §7405-D, 20-A MRSA §7405-E, 20-A MRSA §7406, 20-A MRSA §7407, 20-A MRSA §7408, 20-A MRSA §7409, 20-A MRSA §7411, 20-A MRSA §7413

COMMITTEE AMENDMENT "-I\" to H.P. 1216, L.D. 1632, "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' 
Amend the bill by striking out everything after the enacting clause and inserting the 
following: 
'Sec. 1. 20-A MRSA §7401, as amended by PL 2005, c. 279, §6, is further amended 
to read: 
§7401. Seh00I estal>lished Deaf and hard-of-hearing service provider established 
The Maine Educational Center for the Deaf and Hard of Hearing and the Governor 
Baxter School for the Deaf is established as a p:ablic school deaf and hard-of-hearing 
service provider pursuant to this chapter for the purpose of educating deaf and hard-of-
hearing students. The scheel center is a body politic and corporate and is an instrumentality 
and agency of the State. The exercise by the scheel center of the powers conferred by this 
chapter is the performance of an essential public function by and on behalf of the State. 
The center includes the Mackworth Island preschool, located at Mackworth Island, as 
an integrated preschool program for children who are deaf or hard of hearing and typically 
developing children, and includes early intervention services that include deaf and hard-of-
hearing related services delivered to children from birth to under 3 years of age who are 
deaf and hard of hearing and statewide education and family services that are provided to 
schools by staff employed through the center, including, but not limited to, site-based 
programs, consultation, evaluation and specially designed instruction. 
Sec. 2. 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. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT •A" to H.P. 1216, L.D. 1632 
1. Sehool Center. "Sohool" "Center" means the Maine Educational Center for the 
Deaf and Hard of Hearing and the Governor Baxter School for the Deaf established under 
this ohapter, inoludmg tho oontor sohool looatod at Maoki,yorth Island lmo'?ffl as tho 
Governor Baxtor Sohool for tho Deaf, tho oentor prosohool and any satellite sohool within 
tho State that may be operated l:Hldor a oontraotod sorvioos agreement section 7401 that is 
responsible for operating the Mackworth Island preschool, early intervention services and 
statewide education and family services. 
2. Sehool Center board or board. "&eheel Center board" or "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. 
2-A. Early intervention and family services program. "Early intervention and 
family services program" means a program that assists in providing early intervention 
services to children from birth to under 3 years of age who are deaf or hard of hearing 
within the State in accordance with a memorandum of understanding with the department 
and in collaboration with the State's intermediate educational unit. 
3. Sending school. "Sending school" means any school administrative unit that has a 
student in attendance at the oontor sehool or at a satellite school Mackworth Island 
preschool or a site-based program. 
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. 
S. CeftteF sehool. "Col½ter school
moa»s the km:dergarten. to grade 12 programs 
esta-elished and operated by the Maino Educational Center for the Deaf and Hard of Hearing 
and tho Govomor Baxtor School for tho Deaf at tho Governor Baxtor Sohool for the Deaf 
looated at Mackworth Island or at a looation determined by the sohool board in aooordanoe 
with seotio» 7497, subsootion 17. 
5-A. 504 plan. "504 plan" means a program developed pursuant to Section 504 of the 
federal Rehabilitation Act of 1973, Public Law 93-112. 
5-B. Host school. "Host school'' means the school administrative unit at which a site-
based program is located. 
5-C. Room and board. "Room and board" means food and residence provided to a 
student. 
€i. Satellite sch.eel. "Satellite school'
means the programs, including a residential 
program., day sohool programs, early childhood programs and outreach programs, that are 
looatod »oar the population centers of deaf and hard of hearing students within tho State 
esta-elished by tho School Board of the Maino Educati0f1al Center for the Deaf and Hard of 
Hearing and tho Gw,z:ernor Baxtor School for tho Deaf. 
6-A. Site-based program. "Site-based program" means an inclusive deaf education 
classroom or classrooms embedded in a general education setting, operating through a 
memorandum of understanding between the center and a host school. 
7. Statewide edaeatioaal education and family services OF oatFeaeh. "Statewide 
educational education and family services" or "outreach" means consultatioa sorvioos 
provided to families of children from birth to 5 years of ago who are deaf or hard of hearing 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT ,A" to H.P. 1216, L.D. 1632 
students aad eoHsHlting serviees to sehool administrafr;e HHits that ser¥e sehool age deaf 
or hard of hearing ehildreH educational outreach services, resources and information that 
are provided by staff employed through the center to children who are deaf or hard of 
hearing, from 3 through 22 years of age, their families and schools throughout the State, 
including students at site-based programs. These services may include, but are not limited 
to, specially designed instruction, consultation, evaluation, speech therapy, social-
emotional programming, site-based programs and involvement with a 504 plan or an 
individualized education program plan, family programming and interpreting referral 
services. 
8. StateJ1A1ide Fesou.Fee eenteF. "Statewide resouree eenter" means the iaformation and 
referral serviees pmvided by the library at the eeHter sehool and the distanee edlieation 
program a-Hd the eomrmm.ity edlieation program offered at the eeHter sehool. 
9. CenteF Mackworth Island preschool. "Genter Mackworth Island preschool" 
means the preschool program established located at Mackworth Island 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 Sehool for the Deaf. 
Sec. 3. 20-A MRSA §7403, as amended by PL 2013, c. 552, §1, is repealed. 
Sec. 4. 20-A MRSA §7404, as amended by PL 2011, c. 683, §3, is further amended 
to read: 
§7 404. 
Fundingt and tuition for Mackworth Island preschool and site-based 
programs 
The following provisions apply to funding for and tuition to the seheel Mackworth 
Island preschool, early intervention services for children from birth to under 3 years of age 
who are deaf and hard of hearing and statewide education and family services, including 
site-based programs. 
1. Funding of the Mackworth Island preschool. Students from this State may attend 
the eeHter sehool Mackworth Island preschool free of tuition and room and board expense. 
Funding for these students is provided by legislative appropriation or allocation based on 
the services necessary, inelading Foom and board, to satisfy the individualized education 
programs of the students enrolled in the eenteF sehool Mackworth Island preschool. 
Funding must support maintenance of the eenter sehool Mackworth Island preschool and 
that portion of the island used by the eeHter sehool, seeurity, olitl'eaeh ser¥iees, adlilt 
edueation, aeeess to the edueatioH Het\vork of Maine and operatioas of the eenteF sehool, 
inelliding the residential program, parent infaHt progFam, presehool progFam and 
eommHHieation garden program Mackworth Island preschool. FHHding m:ast also &upport 
maiHtenaaee and operatioas of aay satellite sehool. 
7 
2. 
Out-of-state tuition; site-based programs. 
Students from other states and 
countries who meet enrollment criteria and receive approval from the host school may 
attend the sehool a site-based program on a space-available basis by paying the cost of 
tuition, fees and room and board as established by the seheel center board. 
3. In-state tuition; site-based programs. The sending school shall pay tuition to the 
host school and any additional costs for the individualized education program services and 
evaluations that are not specific to deaf and hard-of-hearing students and not otherwise 
covered by funding through the center. Funding for the individualized education services 
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COMMITTEE AMENDMENT" A" to H.P. 1216, L.D. 1632 
at the site-based program must be provided by legislative appropriation or allocation based 
on the services necessary to satisfy the individualized education program for deaf and hard-
of-hearing students in accordance with section 7405-D. 
4. Room and board. The center shall pay the room and board costs for each student 
placed in a site-based program in grades 9 to 12, and grade 8 on a case-by-case basis, whose 
full-time residence is more than a 50-mile one-way commute from the site-based program. 
The costs must be paid using funds appropriated or allocated by the State in accordance 
with a memorandum of understanding between the host school and the center. 
Sec. 5. 20-A MRSA §7405-A, as enacted by PL 2013, c. 552, §3, is repealed. 
Sec. 6. 20-A MRSA §7405-B is enacted to read: 
§7405-B. Early intervention services 
1. Provision of early intervention services. The State's intermediate educational unit 
is responsible for the provision of early intervention services for children from birth to 
under 3 years of age who are deaf or hard of hearing. 
2. Responsibility for early intervention services. The center is responsible for the 
following early intervention services for children from birth to under 3 years of age who 
are deaf or hard of hearing in collaboration with the State's intermediate educational unit 
through a memorandum of understanding with the department: 
A. Statewide coordination of early intervention specialists, including but not limited 
to teachers of deaf students, speech-language pathologists, special education providers 
and occupational therapists specializing in deafness; 
B. Special instruction through primary service delivery; 
C. Consultations: and 
D. Family training in American Sign Language and cued language. 
3. Supports. The center is responsible for providing the following support to the 
State
1s intermediate educational unit: 
A. Statewide coordination of hearing assistive technology: 
B. Statewide coordination of American Sign Language interpreting services and cued 
speech transliteration services; and 
C. Assistance with the coordination of referrals, pursuant to Part C of the federal 
Individuals with Disabilities Education Act, Public Law 91-230, to the State's 
intermediate educational unit for children who are deaf or hard of hearing. 
Sec. 7. 20-A MRSA §7405-C is enacted to read: 
§7405-C. Mackworth Island preschool 
1. Free, appropriate public education responsibility. The State's intermediate 
educational unit is responsible for providing a free, appropriate public education pursuant 
to chapter 301 and Part B of the federal Individuals with Disabilities Education Act, Public 
Law 91-230, for deaf and hard-of-hearing students attending the Mackworth Island 
preschool. 
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COMMITTEE AMENDMENT" A 
"to H.P. 1216, L.D. 1632 
2. Responsibility for Mackworth Island preschool. The center is responsible for 
the following services, required pursuant to Section 1419 of the federal Individuals with 
Disabilities Education Act, for deaf and hard-of-hearing students attending the Mackworth 
Island preschool: 
A. Specially designed instruction; 
B. Speech-language therapy, including listening and spoken language services; 
C. Audiology services in conjunction with the student's managing audiologist: 
D. Occupational therapy; 
E. Social work services; 
F. American Sign Language interpreting; 
G. Cue transliteration services for educational programming; 
H. Transition planning; 
I. Extended school year services; 
J. Remote hearing technology services designed for educational use: 
K. Acoustic consultation, including measurement of unoccupied classroom noise 
levels and observation of the environment, in order to make recommendations for 
acoustically appropriate treatment: 
L. Educational technician services in general education classes: 
M. Evaluations for the following: 
(1) American Sign Language services; 
(2) Occupational therapy; 
(3) Speech-language therapy; 
(4) Psychoeducational services; 
(5) Academic achievement services; and 
(6) Functional listening services; 
N. Observations in the learning environment; and 
0. 
Behavioral support services and planning, including functional behavioral 
evaluations and behavior intervention plans. 
Sec. 8. 20-A MRSA §7405-D is enacted to read: 
§7405-D. Statewide education and family services; site-based programs 
1. Free, appropriate public education responsibility. The school administrative 
unit is responsible for providing a free, appropriate public education pursuant to chapter 
and Part B of the federal Individuals with Disabilities Education Act, Public Law 
91-230, for deaf and hard-of-hearing students at that school administrative unit receiving 
services delivered by the center. When a student attends a site-based program, the student's 
sending school is responsible for providing a free, appropriate public education as required 
under Part B of the federallndividuals with Disabilities Education Act, Public Law 91-23 0. 
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COMMITTEE AMEND1v1ENT "A" to H.P. 1216, L.D. 1632 
2. Responsibility for statewide education and family services. Responsibility for 
providing statewide education and family services pursuant to Part B of the federal 
Individuals with Disabilities Education Act, Public Law 91-230, is as follows: 
A. The center is responsible for: 
(1) Any specially designed instruction. The center shall ensure staffing to support 
a child's individualized education program services; 
(2) Any speech-language services. The center shall ensure staffing for speech-
language consultation services; 
(3) Any consultation services, including but not limited to consultations with 
teachers of deaf students, speech-language pathologists, special education 
providers, American Sign Language specialists, interpreters and social workers; 
( 4) Parent training and counseling in American Sign Language and cued language; 
(5) Evaluations in speech language, functional listening and American Sign 
Language; 
(6) Statewide coordination of hearing assistive technology; 
(7) Statewide coordination of American Sign Language interpreting services and 
cued speech transliteration services; 
(8) Statewide social-emotional programming; and 
(9) Behavioral analysis provided by or performed under the supervision of a 
person certified by a national board of behavior analysts; and 
B. The sending school is responsible for: 
(1) American Sign Language interpreting services and cued speech transliteration 
services in the sending school's district for students; and 
(2) Transportation to and from extracurricular events hosted by the center. 
3. Responsibility for services at site-based programs; center. 
The center is 
responsible for providing the following services at site-based programs that are specific to 
deaf and hard-of-hearing students: 
A. The costs of transportation and other related services as defined by section 7001, 
subsection 4-B, including the following related services: 
(1) Soeech-language therapy, including listening and spoken-language services; 
(2) Audiology services in conjunction with the student's managing audiologist; 
(3) Occupational therapy; 
(4) Transportation for students attending site-based programs from towns other 
than the host school towns; 
(5) American Sign Language interpreting services for educational programming; 
(6) Extended school year services; 
(7) Evaluation for the following: 
(a) Occupational therapy services; 
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COMMITTEE AMENDMENT "A" to H.P. 1216, L.D. 1632 
(b) Speech-language therapy; 
(c) American Sign Language services; 
(d) Psychoeducational services; 
(e) Academic achievement services; and 
(f) Functional listening services; 
(8) Observations in the learning environment; 
(9) Behavioral support services and planning, including functional behavioral 
evaluations and behavior intervention plans; 
(10) Specially designed instruction; 
(11) Social work services; 
(12) Behavioral analysis provided by or performed under the supervision of a 
person certified by a national board of behavior analysts; 
(13) Cued speech transliteration services for educational programming; 
(14) Transition planning; 
(15) Remote hearing technology services designed for educational use; 
(16) Acoustic consultation, including measurement of unoccupied classroom noise 
levels and observation of the environment, in order to make recommendations for 
acoustically appropriate treatment; 
(17) Educational technician services in general education classes; 
(18) Social-emotional programming; and 
(19) Boarding for high school students. 
The center shall pay the room and board costs for each student who is eligible for 
room and board and placed in a high school site-based program through funds 
appropriated by the State. 
4. Responsibility for services at site-based programs; sending school. The sending 
school is responsible for providing any special education or related services not listed in 
subsection 3, paragraph A necessary for the provision of a free and appropriate education 
at a site-based program, including but not limited to: 
A. Physical therapy and physical therapy evaluations; and 
B. Extracurricular activities, including but not limited to fees, interpreting services and 
transportation costs when no accommodations are listed on the individualized 
education program for that student. 
Beginning in the 2022-2023 school year, the costs of related services not listed in this 
subsection are the responsibility of the sending school. 
5. State and federal educational services requirements. The Mackworth Island 
preschool, statewide education and family services and site-based programs must comply 
with all standards for state public schools and must comply with all federal and state laws 
and department rules for the provision of educational services to children with disabilities. 
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COMMITTEE AMENDMENT" A, to H.P. 1216, L.D. 1632 
Sec. 9. 20-A MRSA §7405-E is enacted to read: 
§7405-E. Placement; Mackworth Island preschool and site-based programs 
Beginning in the 2022-2023 school year, the following provisions apply to student 
placement. 
1. Placement. The State's intermediate educational unit or 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 Mackworth 
Island preschool program or a site-based program and for providing statewide education 
and family services. An individualized education program or 504 plan team for a school 
administrative unit or Child Development Services System regional site under section 7209 
in which a deaf or hard-of-hearing student resides is responsible for the placement decision 
for that student. When the Mackworth Island preschool or a site-based program is being 
considered as a placement for a student, the school administrative unit or Child 
Development Services System regional site administrator shall invite the center's 
administrator, or the administrator's designee, and the host school's special education 
director, or the director's designee, to attend the individualized education program or 504 
plan team meeting at which the placement is being considered. In collaboration with the 
student's individualized education program or 504 plan team, the administrator and the host 
school's director are responsible for determining if the child's needs can be served within 
the existing deaf education site-based program in accordance with the enrollment criteria 
established through the memorandum of understanding between the center and the host 
school. 
Sec.10. 20-A MRSA §7406, as amended by PL 2005, c. 279, §8, is further amended 
to read: 
§7406. Seh00I heard Board 
The Sehool Board of the Maine Educational Center for the Deaf and Hard of Hearing 
and the Governor Baxter School for the Deaf is established as the policy-making authority 
and the governing body of the seheet center. 
1. Membership. In appointing members to the seheel center board, the Governor 
shall give proper consideration to achieving statewide geographical representation, cultural 
equity and gender equity. In appointing voting members to the seheel center board, the 
Governor shall select nominees with experience or special knowledge in one or more of 
the following areas: law, finance, organizational issues, management, education, human 
resources and collective bargaining. The 56heel center board and interested parties may 
submit a list of recommended candidates to the Governor to aid in making appointments of 
voting and nonvoting members. The appointments of voting members made by the 
Governor are subject to review by the joint standing committee of the Legislature having 
jurisdiction over education matters and subject to confirmation by the Legislature. The 
appointments of nonvoting members made by the Governor are not subject to review by 
the joint standing committee of the Legislature having jurisdiction over education matters 
or subject to confirmation by the Legislature. The Governor shall appoint the seheel center 
board consisting of 15 voting members and 2 nonvoting members as follows: 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A "to H.P. 1216, L.D. 1632 
A. Four parents of students who are deaf or hard-of-hearing, including a minimum of 
one parent with a child enrolled in the rosidoatial site-based program and one parent 
with a child receiving service from the sshool's center's outreach program; 
B. Three deaf representatives of the State's deaf community; 
C. Eight members of the general public, at least 2 of whom must have expertise in deaf 
education; and 
F. Two students, one who attends tho sshool 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. 
2. Chair. The seheel center board shall choose annually one of its members to serve 
as chair. 
3. Meetings. The seheel center board shall meet at regular intervals determined by 
the board. 
4. Quorum. Each voting member of the sehee± center board is entitled to one vote. 
A majority of voting members of the seheel center board constitutes a quorum for the 
transaction of any official business. 
5. Terms of voting members. The terms of the voting members of the sehee± center 
board are for 3 years, unless otherwise designated, and are staggered with 1/3 of the voting 
members appointed each year. Members may be appointed for consecutive terms. 
6. Terms of nonvoting members. The terms of the nonvoting student members, 
pursuant to subsection 1, paragraph F, must be determined by the seheel center board. 
7. Expenses. Voting members of the sehee± center board must be compensated 
according to the provisions of Title 5, chapter 379. 
Sec. 11. 20-A MRSA §7407, as amended by PL 2017, c. 413, §§1 and 2, is further 
amended to read: 
§7 407. Powers and duties of sehool board 
The powers and duties of the sehee± center board include the following. 
1. Policies. The sehee± board shall develop and adopt policies and rules necessary for 
the operation of the sehee± Mackworth Island preschool, site-based programs, early 
intervention services for children from birth to under 3 years of age who are deaf or hard 
of hearing and statewide education and family services. 
2. Selection of executive director. The sehee± board shall hire an executive director. 
3. Administration. The sehee± board shall oversee the administration of the center 
sMool and any satellite sehool, msl:adin-g tho hirmg of academia, rosidoatial, outroash and 
support staff of tho coater school; administrative, professional and support staff for the 
early intervention and family services program for children from birth to under 3 years of 
age who are deaf or hard of hearing; statewide education and family services; the 
Mackworth Island preschool and site-based programs; and the approval of contracts for 
those providing boarding services to eligible students. 
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COMMITTEE AMENDMENT "A,;, to H.P. 1216, L.D. 1632 
3-A. Employee retirement plan. Employees of the s-eheel center are state employees 
for purposes of Title 5, chapters 421 and 423, unless a decision is made pursuant to a 
collective bargaining agreement or is otherwise made consistent with applicable law other 
than Title 5, section 18201 to provide for retirement coverage in some way other than as 
state employees in the Maine Public Employees Retirement System regular retirement plan. 
The s-eheel board shall consult with the Executive Director of the Maine Public Employees 
Retirement System in proposing any change to the Maine Public Employees Retirement 
System retirement status of seheel center employees. The s-eheel board shall provide 
certification to the Maine Public Employees Retirement System of any decision to provide 
retirement coverage in some way other than as state employees at least 60 days prior to any 
change in retirement coverage. Any decision that removes seheel center employees from 
the definition of "state employee" as provided in Title 5, section 17001, subsection 40 is 
irrevocable unless changed by law. 
4-A. Budget development. The seheel board shall, with the aid of the executive 
director and -staff the center's director of operations, prepare an annual budget for the 
operation of the seheel center and exercise budgetary responsibility. The seheel board 
shall allocate for expenditure by the seheel center and programs under its jurisdiction all 
the resources available for the operation of the seheel center and its programs. 
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 seheel 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 
eenter sehool, the eenteF pFesehool a-Bd state•11ide edueatioBal seFviees Of outreaeh early 
intervention and family services program for children from birth to under 3 years of age 
who are deaf or hard of hearing, Mackworth Island preschool, site-based programs and 
statewide education and family services. 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 seheel 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 
seheel 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 s-eheel center 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 seheel center for the same fiscal year. The transfer is subject to review 
by the joint standing committee of the Legislature having jurisdiction over appropriations 
and fmancial affairs. Financial statements describing the transfer must be submitted by the 
seheel center 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 
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COMMITTEE AMENDMENT" A» to H.P. 1216, L.D. 1632 
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. 
5. Financial management. The seheel board may accept donations, bequests or other 
forms of fmancial assistance for any educational purpose from a public or private source 
and shall comply with rules and regulations governing grants from the Federal Government 
or from any other source. 
6. Collection of fees. The seheel board may charge service and rental fees for use of 
facilities of the -seheel center. Except as provided in subsections 12-A and 12-B, any funds 
received for service and rental fees must be retained by the -seheel center. 
7. Indemnification. The seheel board shall indemnify the employees and other agents 
of the seheel center and purchase and maintain insurance to indemnify those persons to the 
extent provided in Title 13-B, section 714. The -seheel board may indemnify members of 
the seheel board. 
8. Bonds. The -seheel board shall require security for the faithful performance of duties 
by employees and other agents of the seheel center who are entrusted with the custody of 
the seheel securities or authorized to disburse the funds of the -seheel center. The security 
must consist of a bond, either a blanket bond or individual bond with a surety bond, or 
bonds having a minimum limitation of $100,000 coverage for each insured person. The 
expense of a bond is assumed by the seheel center. 
9. Property management. The seheel board may acquire by purchase any property, 
lands, buildings, structures, facilities or equipment and make improvements to facilities 
necessary to fulfill the purposes of this chapter. The State retains ownership ofMackworth 
Island and the school facilities. Notwithsffifl:dmg soetioH: 7403, tho school The board may 
make alternative plans regarding the location of the -seheel center. 
10. Island access. The seheel board shall consult annually with the Department of 
Agriculture, Conservation and Forestry, Bureau of Parks and Lands on public access and 
management of that portion ofMackworth Island under the jurisdiction of that bureau. 
11. Ce:rtifieates and dif)lemas. Tho school bmwd shall offer courses of stady and 
grant di-}3lomas and certificates oa com.plotioa of courses of study. This graatiag of 
di-}3lomas and certificates may be doao ia cooporatioH: v1ith the seH:diag school. 
12. Contracts and agreements. The -seheel board may enter into any contracts and 
agreements, to the extent that funds are available, in the execution of its powers under this 
chapter. 
12-A. Lease of sehool property. The Department of Administrative and Financial 
Services may enter into lease agreements consistent with the deed of gift from Governor 
Percival Baxter and in accordance with state law and policy on the lease of state-owned 
facilities, including but not limited to the provisions of Title 5, chapter 154. Any funds 
received pursuant to this subsection must first be applied in accordance with Title 5, section 
1784. Any excess revenue above the requirements of Title 5, section 1784 may be retained 
by the Maine Educational Center for the Deaf and Hard of Hearing and the Governor Baxter 
School for the Deafto be applied to statutorily authorized programs. 
12-B. Lease of sehool property to State's protection and advocacy agency. The 
Department of Administrative and Financial Services may enter into lease agreements in 
accordance with state law and policy on the lease of state-owned facilities, including but 
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COMMITTEE AMENDMENT "A "to H.P. 1216, L.D. 1632 
not limited to the provisions of Title 5, chapter 154, to lease seheel property to the 
protection and advocacy agency for persons with disabilities designated pursuant to Title 
5, section 19502. Any funds received pursuant to this subsection must first be applied in 
accordance with Title 5, section 1784. Any excess revenue above the requirements of Title 
5, section 1784 may be retained by the seheel center to be applied to statutorily authorized 
programs. 
13. Delegation. 
The seheel board may delegate duties and responsibilities as 
necessary for the efficient operation of this chapter. 
14. Criteria for enrollment. The seheel 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. 
Individual memoranda of understanding may be established to further define enrollment 
criteria for specific site-based programs. 
15. Student conduct. The seheel board shall prepare and adopt procedures and rules 
to ensure the smooth operation of student conduct standards. All students attending site-
based programs are, at all times, subject to the rules of the host school. Discipline of 
program students must comply with the host school policy and the requirements of the 
federal Individuals with Disabilities Education Act and the department's rules adopted 
pursuant to Title 20-A, chapters 301 and 3 03. Representatives of the sending school must 
be notified by staff of the center or host school of disciplinary actions that may impact a 
student's individualized education program. 
Hi. lndividuali~ed edueati0n fH'0gFams, standaFds &Bd measuFements. The sehool 
board shall ensure that services req_-1:lired to meet the individualized education program for 
each srndent are provided by the sehool. The school board shall establish standards and 
methods of measuring progress in the l0Y1els of academie aehi0Y,rement for students 1.vho 
participate in the school in accordance v1ith the statewide system of learning resuks 
established ueder section 6209. The school board shall also establish standards and 
methods of measuring progress ie the professioeal development ofteachers ·who participate 
in school programs. The school board shall assess students and teachers aceordieg to those 
staedards and measuremeets. 
17. Seh00l pF0gFams. The school board may create, maintain and e~(paed center 
sehool programs and progFams for ehildrea and families that may be serv:ed by the school 
at any satellite school, throagh statevlide educational services and through the statewide 
resource eenter. For the 2000 01 and 2001 02 school years only, the residential program 
at the G01;ernor Bffir.ter Sehool for the Deaf located oe Mackvr0rth Island is limited to 
enrolliag up to 20 students who are deaf or hard of hearieg. The superintendent may 
req_-1:lest that the commissioaer approv:e a 'Naiver of the residential eflfollment limit and 
establish additioBal placements for studeBts in the residential program at the Governor 
Baxter School for the Deaf located on Mackv,,orth Island; the commissioeer may approve 
those placements on a ease by case basis and only if the individual education plan of the 
prospective student who is deaf or hard of hearing reqaires placement i:B: a reside:B:tial 
program. Beginning v1ith the 2002 03 school year, the school board shall establish a 
satellite school program that offers an array of educatioaal programs that pr011ide students 
vko are deaf or hard ofhearing with geographically conveeient access to placement 
optioas that may be req_-1:lired by their individaali2;ed edaeation program. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to H.P. 1216, L.D. 1632 
17-A. Additional programs. The board may create, maintain and expand site-based 
programs for deaf and hard of hearing children and families as needed to meet the needs of 
deaf and hard of hearing children statewide. 
18. Fees aad eharges. The school board shall establish 8:1'1:d collect aecessaty fees and 
set policies relatifl:g to other appropriate charges for stl:lden-ts. The school board shall 
arum-ally submit a schedule of fees to be charged to school administrative anits for each 
service pFovided by the Maine Bdacational Gentef for the Deaf and Hard of HeariB:g aB:d 
the Governor Baxter School foF the Deaf to the GovernoF. l\.. detailed accoan-tiB:g of fees 
collected from each u-n-it aB:d the services J:)f&vided, inclading state:wide educ&ioB:al 
services or oatreach, mast be iB:eladed iB: the pFesen-tatioB: of the badget pursaan-t to 
sabsectioB: 4 B. 
19. Report. The seheel 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 seheel center, 
including the cen-teF school programs and any satellite school Mackworth Island preschool 
program, early intervention and family services program and statewide education and 
family services, including site-based programs, the status of the professional qualifications 
of the seheel center board members aB:d the resalts of the assessments reqaired by 
subsectioB: 16 and the general status of the seheel center and shall provide an annual 
fmancial audit conducted by an independent auditor. 
Sec. 12. 20-A MRSA §7408, as amended by PL 2015, c. 494, Pt. A, §12, is further 
amended to read: 
§7 408. Powers and duties of executive director 
The powers and duties of the executive director include the following. 
1. Staff and administration. The executive director shall hire staff and administer 
seheel center operations. 
2. Enrollment. The executive director shall work with school administrative units, 
pursuant to section 7405 ,A .. 7405-E, to enroll students. 
Sec. 13. 20-A MRSA §7409, as enacted by PL 1995, c. 676, §5 and affected by 
§ 13, is repealed. 
Sec. 14. 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 seheel center board if the commissioner declares an emergency 
exists such that the health, safety or welfare of students m receiving academic, 
extracurricular or resideB:tial programs room and board services is in jeopardy or the seheel 
center is in substantial and persistent violation offederal and state law. The commissioner's 
declaration of an emergency is not reviewable, but the commissioner shall exercise this 
emergency authority for a period not to exceed 3 months unless the commissioner again 
declares that an emergency continues. 
Sec. 15. 20-A MRSA §7413, as enacted by PL 2015, c. 383, §1, is amended to read: 
COMMITTEE AMENDMENT 
0s
R 
COMMITTEE AMENDMENT "A" to H.P. 1216, L.D. 1632 
§7413. Private support organization 
1. Designation of private support organization. 
The executive director shall 
designate a nonprofit organization as the private support organization for the ssheel center. 
The designated organization must be incorporated as a nonprofit corporation under the laws 
of the State, and its sole purpose, as reflected in its bylaws, must be to organize and foster 
support for the 5eheel center and the sehool's center's programs and services. 
2. Nonvoting member on board of directors. The executive director, or the 
executive director's designee, shall serve as a nonvoting ex officio member of the private 
support organization's board of directors. 
3. Plan of work. The executive director shall negotiate an annual memorandum of 
understanding between the ssheel center and the private support organization that outlines 
a plan of work identifying priority projects of mutual benefit and cooperation. 
4. Use of property. The executive director may permit the appropriate use of fixed 
property, equipment and facilities of the 5eheel center 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.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section 
number to read consecutively. 
SUMMARY 
This amendment strikes and replaces the bill and updates the chapter of law governing 
the Maine Educational Center for the Deaf and Hard of Hearing and the Governor Baxter 
School for the Deaf as follows. 
1. It establishes the Maine Educational Center for the Deaf and Hard of Hearing and 
the Governor Baxter School for the Deaf as a deaf and hard-of-hearing service provider, 
referred to as "the center," encompassing the Mackworth Island preschool, located at 
Mackworth Island, as an integrated preschool program for children who are deaf or hard of 
hearing and typically developing children, early intervention services that include deaf and 
hard-of-hearing related services delivered to children from birth to under 3 years of age 
who are deaf or hard of hearing and statewide education and family services that are 
provided to schools throughout the State by staff employed through the center including, 
but not limited to, site-based programs, consultation, evaluation and specially designed 
instruction. 
2. It revises the definitions in the Maine Revised Statutes, Title 20-A, chapter 304 to 
reflect the change from a school to a deaf and hard-of-hearing service provider, including 
but not limited to updating the definitions of "center," "sending school," "statewide 
education and family services" and "Mackworth Island preschool," removing definitions 
that are no longer needed and adding new definitions for "site-based program," "early 
intervention and family services program," "room and board," "host school" and "504 
plan." 
3. It repeals the section of law that governs the school programs operated by Maine 
Educational Center for the Deaf and Hard of Hearing and the Governor Baxter School for 
the Deaf and satellite school programs. 
COMMITTEE AMENDMENT 
~os 
~ 
COMMITTEE AMENDMENT "A "to H.P. 1216, L.D. 1632 
4. It amends the provision of law governing funding and tuition for the Mackworth 
Island preschool and site-based programs. 
5. 
It repeals the section of law governing student placement, state and federal 
educational services requirements and technical assistance and in new sections provides for 
the student placement and state and federal services requirements and technical assistance 
for early intervention services, federal Individuals with Disabilities Education Act, Section 
1419 services, statewide education and family services and the Mackworth Island 
preschool and site-based programs, as appropriate. 
6. It updates the powers and duties of the center's board and removes provisions related 
to certificates and grants of diplomas or other duties specific to the center's previous role 
as a school. 
7. It also provides that individual memoranda of understanding may be established to 
further define enrollment criteria, clarifies student conduct and provides that the center's 
board may create, maintain and expand site-based programs for deaf and hard-of-hearing 
children and families to meet the needs of deaf and hard-of-hearing children statewide. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Revised: 04/12/22 ::tPae 
LD 1632 
LR586(02) 
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 
Fiscal Note for Bill as Amended by Committee Amendment •4 ( H -o/ 15) 
Committee: Education and Cultural Affairs 
Fiscal Detail and Notes 
Fiscal Note Required: Yes 
Fiscal Note 
Current biennium cost increase - local school administrative units 
Potential future biennium cost increase - General Fund 
This bill shifts responsibility for tuition costs for deaf and hard-of-hearing students to receive site-based services at· 
host school from the Maine Educational Center for the Deaf and Hard of Hearing and the Governor Baxter School for 
the Deaf (MECDHH/GBSD) to the school administrative unit (SAU) that sends the student to the host school. This 
will increase costs to the sending SAU's until the student count is reflected in the sending SAU's subsidy calculation 
under the essential programs and services funding model. The bill also shifts the responsibility for the transportation 
costs to allow deaf and hard-of-hearing students to attend extracurricular events held at the center from the 
MECDHH/GBSD to the sending school. While the tuition costs will be included in the calculation of state subsidy to 
the affected SAU's b~ginning in fiscal year 2023-24, the costs associated with transportation to extracurricular events 
will be fully borne by the sending school. 
This legislation also redefines statewide outreach services required to be provided by MECDHH/GBSD to SAU's that 
serve children who are deaf or hard of hearing and their families. To the extent that the new definition expands 
outreach services beyond what the center is currently required to provide, there may be increased costs to the center. 
State funding for the center is included in the annual General Fund appropriation for GP A within the Department of 
Education as part of the targeted education funds. If additional funds are required in order for the MECDHH/GBSD to 
fulfill the requirements related to outreach services as defined in this bill, the center may include a request for 
additional funding as part of its budget submission to the Commissioner of Education for the 2024-2025 biennial 
budget pursuant to Title 20-A MRSA, section 7407, subsection 4-B. A portion of the increased cost to the center may 
be offset by any savings from the shifting of tuition and transportation costs described above. 
LR0586(02) - Fiscal Note - Page 1 of 1