An Act to Fund the Delivery of Educational Services to Children with Special Needs as Required by State and Federal Law in Special Purpose Private Preschools
Maine Legislature, Session 131, LD 2120
Committee: Education and Cultural Affairs
Sponsors: GATTINE, LIBBY, MILLETT, MURPHY, SAMPSON, TALBOT ROSS, JACKSON, PIERCE, RAFFERTY, STEWART

Legislative Document
No. 2120
H.P. 1344
House of Representatives, January 3, 2024
An Act to Fund the Delivery of Educational Services to Children 
with Special Needs as Required by State and Federal Law in Special 
Purpose Private Preschools
(EMERGENCY)
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203.
Reference to the Committee on Education and Cultural Affairs suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative GATTINE of Westbrook.
Cosponsored by Senator LIBBY of Cumberland and
Representatives: MILLETT of Waterford, MURPHY of Scarborough, SAMPSON of Alfred, 
Speaker TALBOT ROSS of Portland, Senators: President JACKSON of Aroostook, PIERCE 
of Cumberland, RAFFERTY of York, STEWART of Aroostook.
Emergency preamble.  Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, Public Law 2023, chapter 412 allocated to the Child Development Services 
System one-time funds of $15,000,000 in fiscal year 2023-24 for payments for specially 
designed instruction provided by special purpose private preschools; and
Whereas, Public Law 2023, chapter 412 directed the Child Development Services 
System to collaborate with special purpose private preschools to establish a funding 
formula for the 2024-2025 school year that provides appropriate daily tuition rates for the 
educational services provided by each special purpose private preschool; and
Whereas, that funding formula has not been established and will likely not be 
established before the expiration of the 90-day period; and
Whereas, failure to provide funding for these services for the 2024-2025 school year 
will result in children not having access to this necessary federally required specially 
designed instruction and medically necessary therapeutic services; and
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore,
Be it enacted by the People of the State of Maine as follows:
Sec. 1. Intermediate payments. No later than the start of the 2024-2025 school 
year and until the daily tuition rate is implemented in accordance with the Maine Revised 
Statutes, Title 20-A, section 7302, subsection 2, paragraph G, the Department of Education 
and the Child Development Services System shall assist in maintaining education 
programming at special purpose private preschools by providing payments for specially 
designed instruction provided by each special purpose private preschool at a rate of $125 
per day, per child receiving medically necessary therapeutic services through the 
MaineCare program for scheduled school days in accordance with a child's individualized 
education plan. The Department of Education and the Child Development Services System 
shall make the payments for specially designed instruction provided by special purpose 
private preschools no later than July 1, 2024 and until the daily tuition rate in accordance 
with Title 20-A, section 7302, subsection 2, paragraph G is implemented.
Sec. 2. Transfer from General Fund unappropriated surplus; Child 
Development Services program. Notwithstanding any provision of law to the contrary, 
on or before June 30, 2025, the State Controller shall transfer $15,000,000 from the 
unappropriated surplus of the General Fund to the Department of Education, Child 
Development Services program, Other Special Revenue Funds account to fund payments 
for specially designed instruction provided by special purpose private preschools at a rate 
of $125 per day, per child receiving medically necessary therapeutic services through the 
MaineCare program for scheduled school days in accordance with a child's individualized 
education program. The Department of Education and the Child Development Services 
System shall make the payments for specially designed instruction provided by special 
purpose private preschools no later than July 1, 2024 and until the daily tuition rate in 
accordance with the Maine Revised Statutes, Title 20-A, section 7302, subsection 2, 
paragraph G is implemented.
Sec. 3.  Appropriations and allocations.  The following appropriations and 
allocations are made.
EDUCATION, DEPARTMENT OF
Child Development Services 0449
Initiative: Allocates one-time funds for payments for specially designed instruction 
provided by special purpose private preschools at a rate of $125 per day, per child receiving 
medically necessary therapeutic services through the MaineCare program for scheduled 
school days in accordance with a child's individualized education plan and until the daily 
tuition rate in accordance with the Maine Revised Statutes, Title 20-A, section 7302, 
subsection 2, paragraph G is implemented.
OTHER SPECIAL REVENUE FUNDS
2023-24
2024-25
All Other
$0
$15,000,000
__________
__________
OTHER SPECIAL REVENUE FUNDS TOTAL
$0
$15,000,000
Emergency clause.  In view of the emergency cited in the preamble, this legislation 
takes effect when approved.
SUMMARY
This bill requires the Department of Education and the Child Development Services 
System to assist in maintaining education programming at special purpose private 
preschools by providing payments for specially designed instruction provided by each 
special purpose private preschool at a rate of $125 per day, per child receiving medically 
necessary therapeutic services through the MaineCare program for scheduled school days 
in accordance with a child's individualized education plan until the daily tuition rate in 
accordance with the Maine Revised Statutes, Title 20-A, section 7302, subsection 2, 
paragraph G is implemented. The bill includes a one-time transfer of $15,000,000 in fiscal 
year 2024-25 from the unappropriated surplus of the General Fund to the Child 
Development Services System for the estimated cost of the payments.