An Act to Update the Special Education Laws
Maine Legislature, Session 131, LD 0098
Committee: Education and Cultural Affairs
Sponsors: BRENNAN
Amends: 20-A MRSA §7001, 20-A MRSA §7201, 20-A MRSA §7202, 20-A MRSA §7258, 20-A MRSA §8305-A

Legislative Document
No. 98
H.P. 66
House of Representatives, January 9, 2023
An Act to Update the Special Education Laws
Submitted by the Department of Education pursuant to Joint Rule 204.
Reference to the Committee on Education and Cultural Affairs suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative BRENNAN of Portland.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  20-A MRSA §7001, sub-§1-B, ¶B, as amended by PL 2011, c. 542, Pt. A, 
§21, is further amended to read:
B.  For children at least 3 years of age and under 20 22 years of age evaluated in 
accordance with the federal Individuals with Disabilities Education Act, 20 United 
States Code, Section 1414, subsections (a) to (c) as measured by both standardized, 
norm-referenced diagnostic instruments and appropriate procedures with delays or 
impairments such that the children need special education:
(1)  A child at least 3 years of age and under 6 years of age with a significant 
developmental delay, at the discretion of the intermediate educational unit or 
school administrative unit, as defined in rules adopted by the department, in one or 
more of the following areas:  cognitive development; physical development, 
including vision and hearing; communication development; social or emotional 
development; adaptive development; or
(2)  A child with at least one of the following:
(a)  Intellectual disability;
(b)  Hearing impairment, including deafness Deafness, including hearing loss;
(c)  Speech or language impairment;
(d)  Visual impairment, including blindness;
(e)  Serious emotional disturbance;
(f)  Orthopedic impairment;
(g)  Autism;
(h)  Traumatic brain injury;
(i)  Other health impairment;
(j)  Specific learning disabilities;
(k)  Deafness and blindness Deaf-blindness; and
(l)  Multiple disabilities.
Sec. 2.  20-A MRSA §7201, sub-§1, as amended by PL 2005, c. 662, Pt. A, §22, is 
further amended to read:
1.  Equal educational opportunities for an appropriate education.  All students 
must be provided with equal educational opportunities for an appropriate education and all 
school administrative units shall provide equal educational opportunities for an appropriate 
education for all children with disabilities.
Sec. 3.  20-A MRSA §7201, sub-§2-A, ¶B, as enacted by PL 2005, c. 662, Pt. A, 
§22, is amended to read:
B.  Children with disabilities at least 3 years of age and under 20 22 years of age, 
including children in public or private institutions or other care facilities, must be 
educated with children without disabilities by means of appropriate educational 
programming, including transitional programs. Educational programming may be full-
time or part-time and must be equitable to that provided to typically developing same-
age peers. Transitional programs include the delivery of special education services by 
qualified individuals. Special classes, separate schooling or other removal of children 
with disabilities from the regular educational environment may occur only when the 
nature or severity of the disability of a child is such that education in regular classes 
with the use of supplementary aids and services cannot be achieved satisfactorily.
Sec. 4.  20-A MRSA §7202, sub-§3, as amended by PL 2005, c. 662, Pt. A, §23, is 
further amended to read:
3.  Diagnosis and evaluation.  Provide the evaluations and assessments required by 
the federal Individuals with Disabilities Education Act, 20 United States Code, Section 
1400 et seq., as amended, to plan and implement a special education program for children 
with disabilities at least 3 years of age and under 20 22 years of age within its jurisdiction;
Sec. 5.  20-A MRSA §7258, sub-§1, as enacted by PL 1997, c. 345, §1, is amended 
to read:
1.  Attendance at pupil evaluation individualized education program team 
meetings.  Annually, representatives from appropriate state service agencies, as determined 
by the pupil evaluation individualized education program team of the school administrative 
unit, and in accordance with special education rules, shall designate a transition contact 
person to participate in transition planning for students with disabilities.  The transition 
contact person shall attend pupil evaluation individualized education program team 
meetings or provide relevant information to the pupil evaluation individualized education 
program team for transition planning purposes.  This requirement applies to students with 
disabilities who have attained 16 years of age, or 14 years of age when determined by the 
pupil evaluation individualized education program team to be appropriate.
Sec. 6.  20-A MRSA §7258, sub-§1-A, as amended by PL 2011, c. 542, Pt. A, §22, 
is further amended to read:
1-A.  Care manager.  Within 2 years before the date that a student with an intellectual 
disability, serious emotional disturbance or other developmental disabilities will graduate 
or finish school, the Department of Health and Human Services, in consultation with the 
pupil evaluation individualized education program team of the school administrative unit, 
shall designate a case manager to participate in transition planning for that student.  The 
case manager shall convene an adult services transition team, ensure interagency 
coordination and access to adult services, serve as a single contact person for the student 
transitioning into the adult services and attend pupil evaluation individualized education 
program team meetings or provide relevant information to the pupil evaluation 
individualized education program team for transition planning purposes.
Sec. 7.  20-A MRSA §8305-A, sub-§3, as amended by PL 2011, c. 679, §8, is 
further amended to read:
3.  Adult participation in career and technical education courses.  Persons A person 
who is continuing the person's educational placement until the person attains 22 years of 
age and who is enrolled in a special education program has the right to participate in career 
and technical education courses. A person who are 20 is 22 years of age or older or who 
have has graduated from a secondary school and who otherwise comply complies with the 
requirements of this section may receive career and technical education in a career and 
technical education course if, after all other eligible persons have been enrolled in that 
course, space exists to accommodate participation by persons who are 20 years of age or 
older or who have graduated from a secondary school that person.  A region, center or 
satellite program may charge reasonable fees to persons a person who receive receives 
career and technical education pursuant to this subsection.
SUMMARY
This bill clarifies that providing equal opportunities for education for children with 
disabilities means providing equal opportunities for an appropriate education. The bill  
changes the age of eligibility for special education and for participation in career and 
technical education courses by adults who are enrolled in special education from under 20 
to under 22. The bill replaces the term "pupil evaluation team" with "individualized 
education program team" and updates references to deafness and blindness.