An Act Regarding Educational Policies and Programs
Maine Legislature, Session 131, LD 0345
Committee Amendment CA_A_H944 (House)
Amends: 20-A MRSA §7001, 20-A MRSA §7006, 20-A MRSA §7209, 20-A MRSA §7209-A, 20-A MRSA §7211, 20-A MRSA §7212, 20-A MRSA §7303, 20-A MRSA §7304, 20-A MRSA §7305

COMMITTEE AMENDMENT "A" to H.P. 219, L.D. 345, "An Act Regarding 
Educational Policies and Programs" 
Amend the bill by striking out the title and substituting the following: 
'An Act to Transition the Responsibility for Child Find Activities and for Ensuring a 
Free, Appropriate Public Education for Eligible Children from the Child 
Development Services System to School Administrative Units' 
Amend the bill by striking out everything after the enacting clause and inserting the 
following: 
'Sec. 1. 20-A MRSA §7001, sub-§1, as enacted by PL 1981, c. 693, §§5 and 8, is 
amended to read: 
1. Agency. "Agency" means aa a public, quasi-governmental or private agency, 
school, organization, facility or institution. 
Sec. 2. 20-A MRSA §7001, sub-§1-A, as amended by PL 2011, c. 655, Pt. 00, 
§1, is further amended to read: 
1-A. Child Development Services System. "Child Development Services System" 
means the state intermediate educational unit under section 7209, subsection 3, and any 
regional sites it chooses to establish and maiB.tain, to ensure the provision of child find 
activities, early intervention services and, when designated by the commissioner, free, 
appropriate public education services to eligible children. 
Sec. 3. 20-A MRSA §7001, sub-§1-D is enacted to read: 
' 
1-D. Child eligible under Part B, Section 619. "Child eligible under Part B, Section 
619" means a child who is at least 3 years of age and under 6 years of age who has not 
entered kindergarten and who requires special education and related services in order to 
access a free, appropriate public education in the least restrictive environment. 
Sec. 4. 20-A MRSA §7001, sub-§2-D is enacted to read: 
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2-D. Individualized family service plan. "Individualized family service plan" means 
a plan to provide early intervention services in accordance with Pait C to an infant or 
toddler with a disability or to the infant's or toddler's family in the natural setting. 
Sec. 5. 20-A MRSA §7001, sub-§2-E is enacted to read: 
2-E. 
Natural setting. 
"Natural setting" means the home, child care or other 
community setting of the infant or toddler with a disability. "Natural setting" does not 
include a preschool setting. 
Sec. 6. 20-A MRSA §7001, sub-§3-A is enacted to read: 
3-A. Part B, Section 619. "Patt B, Section 619
means Patt B, Section 619 of the 
federal Individuals with Disabilities Education Act, 20 United States Code, Section 1400 
et seq. 
Sec. 7. 20-A MRSA §7001, sub-§3-B is enacted to read: 
3-B. Part C. "Patt C
means Patt C of the federal Individuals with Disabilities 
Education Act, 20 United States Code, Section 1400 et seq. under which early intervention 
services are provided in the natural setting for infants and toddlers with disabilities. 
Sec. 8. 20-A MRSA §7001, sub-§3-C is enacted to read: 
3-C. Extended Part C option. "Extended Part C option" means the option under Part 
C that allows the family of a child eligible under Patt B, Section 619 to continue early 
intervention programming on or after the child's 3rd bhthday by remaining in the natural 
setting and continuing to receive services through an individualized family service plan. 
Sec. 9. 20-A MRSA §7001, sub-§4-C is enacted to read: 
4-C. Regional support and service hub. "Regional suppo1t and service hub" means 
a support and service hub established by the Child Development Services System in 
accordance with section 7211. 
Sec. 10. 20-A MRSA §7001, sub-§6-A is enacted to read: 
6-A. State intermediate educational unit. "State intermediate educational unit" 
means the Child Development Services System under subsection 1-A. 
Sec. 11. 20-A MRSA §7006, as enacted by PL 2005, c. 662, Pt. A, §20, is amended 
to read: 
§7006. Responsibility 
The Depa1tment of Education is designated as the state education agency responsible 
for canying out the State's obligations under the federal Individuals with Disabilities 
Education Act, 20 United States Code, Section 1400 et seq., as amended. The department 
and every school administrative unit, intermediate educational unit, public school or other 
pub!-ie agency that receives federal or state funds to provide early intervention or free, 
appropriate public education services to children with disabilities shall comply with the 
federal Individuals with Disabilities Education Act, as amended, and all federal regulations 
adopted under the Act. 
1. Responsibility for Part C. The commissioner shall designate responsibility for 
ensuring child find activities and early intervention services under Patt C for children from 
birth until 3 years of age, or until the sta1t of the school year in which the child is 4 years 
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COMMITTEE AMENDMENT 'A" to 1--1.P. 2191 L.D. 345 
of age if the extended Part C option is selected by the family of the child. to the Child 
Development Services System. 
2. Responsibility for Part B, Section 619. Until June 30, 2028, the commissioner 
shall designate responsibility for child find activities and for ensuring a free, appropriate 
public education for children eligible under Pait B, Section 619 to the Child Development 
Services System or to school administrative units in accordance with the transition schedule 
and supp01ts under section 7209-A. Beginning July 1, 2028, the commissioner shall 
designate responsibility for child find activities and for ensuring a free, appropriate public 
education for children eligible under Part B, Section 619 to school administrative units. 
3. Service provision. A school administrative unit that has been designated to have 
responsibility for child find activities and for ensuring a free, appropriate public education 
for children eligible under Patt B. Section 619 pursuant to subsection 2 may directly 
provide special education and related services to children eligible under Part B. Section 
and may contract with public and private providers to provide special education and 
related services. A school administrative unit may also access the school administrative 
unif s regional suppo1t and service hub to provide certain services as delineated in a 
memorandum of understanding between the depa1tment and the school administrative unit. 
4. Exception. Notwithstanding subsection 2, if the commissioner determines that a 
school administrative unit is unable to assume responsibility for child find activities and 
for ensuring a free, appropriate public education for children eligible under Patt B, Section 
pursuant to subsection 2, the commissioner may establish a modified plan for that 
school administrative unit in managing those children. 
5. Annual report. The depa1tment shall repo1t annually by March 1st to the joint 
standing committee of the Legislature having jurisdiction over education matters. The 
repo1t must include, for school administrative units, each of the components required of the 
Child Development Services System pursuant to section 7209, subsection 4, paragraph E. 
The joint standing committee of the Legislature having jurisdiction over education matters 
may report out a bill related to the repo1t to the session of the Legislature in which the 
repo1t is received. 
Sec. 12. 20-A MRSA §7209, sub-§3, as amended by PL 2011, c. 655, Pt. 00, §4, 
is fu1ther amended to read: 
3. State intermediate educational unit establishment; administrative functions. 
The commissioner shall establish and supervise the state intermediate educational unit. The 
state intennediate educational unit is established as a body corporate and politic and as a 
public instrumentality of the State for the purpose of conducting child find activities as 
provided in 20 United States Code, Section 1412 (a) (3) for children from bi1th to under 6 
years of age, and ensuring the provision of early intervention services for eligible children 
from bitth to under 3 years of age and ensuring for eligible children until the statt of the 
school year when they are 4 years of age if the extended Patt C option is selected by the 
child's family. The state intermediate educational unit shall also ensure a free, appropriate 
public education for eligible children at least 3 years of age and under 6 years of age, where 
designated as the responsible agency by the commissioner. 
The state intermediate 
educational unit shall perform the following statewide coordination and administration 
functions: 
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COMMITTEE AMENDMENT" A» to H.P. 219, L.D. 34? 
A. Establish standard policies and procedures for a statewide salary and benefits 
administration system, including personnel classifications, position descriptions and 
salaty ranges, and a standard package of health, retirement and other fringe benefits for 
Child Development Services System personnel, beginning in fiscal year 2006-07; 
B. Develop a statewide sala1y and benefits administration system and perform the 
payroll functions for Child Development Services System personnel; 
B-1. Bargain collectively under Title 26, chapter 9-A if the employees of the regional 
sites choose to be represented by an agent for purposes of collective bargaining. In 
such circumstances, the state intermediate educational unit must be considered the 
public employer for purposes of collective bargaining; 
C. Establish a centralized system for statewide fiscal administration to be implemented 
by September 1, 2006. The state intermediate educational unit shall establish internal 
controls and implement accounting policies and procedures in accordance with 
standards set forth by the State Controller; 
D. 
Develop and implement a centralized data management system to be fully 
operational beginning July 1, 2007; 
E. Establish a standard, statewide template for regional site contracts with therapeutic 
service providers, including policies and procedures for the review of contracts, 
beginning in fiscal year 2006-07; 
F. Refine program accountability standards for compliance with federal mandates, 
including the development of a performance review system to monitor and improve 
regional site performance through the use of efficiency ratings aligned with the 
accountability standards and through a compliance plan that requires the regional site 
to address the unmet needs of eligible children in accordance with specific targets and 
time frames; 
G. Design and implement a statewide plan to provide professional development and 
training to Child Development Services System personnel; 
H. Employ professional and other personnel at the state level and at the regional sites, 
including those necessary to ensure the implementation of the centralized fiscal and 
data management systems. All state intermediate educational unit employees are 
employees for the purposes of the Maine Tott Claims Act; and 
I. 
Enter into contracts, leases and agreements and any other instruments and 
arrangements that are necessaiy, incidental or convenient to the performance of its 
duties and the execution of its powers under this chapter. 
Sec, 13. 20-A MRSA §7209, sub-§3-A, as amended by PL 2017, c. 284, Pt. 
AAAAAA, §§ 1 and 2, is fmther amended to read: 
3-A. 
State intermediate educational unit; program functions. 
The state 
intennediate educational unit established pursuant to subsection 3, through a network of 
regional sites as appropriate, where designated by the commissioner, shall: 
A. 
Engage in child find activities as required by the federal Individuals with 
Disabilities Education Act, 20 United States Code, Section 1400 et seq.; 
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B, 
Engage in child count activities as required by the federal Individuals with 
Disabilities Education Act, 20 United States Code, Section 1400 et seq,; 
C, Engage in appropriate data collection, training, staff development and direct service 
provision to eligible children with disabilities, from birth to under 3 years of age or 
until the stait of the school year when a child is 4 years of age if the extended Patt C 
option is selected by the child's family, in accordance with Pait C of the federal 
Individuals with Disabilities Education Aot, 20 United States Code, Section 14 00 et 
~; 
D. Ensure that eligible children with disabilities, from bitth to under 3 years of age, 
receive early intervention services, in accordance with the payment provisions 
established by the State; 
E, Ensure that eligible children with disabilities, from 3 years of age to under 6 years 
of age, receive free, appropriate public education services and, when a local school 
administrative unit has assumed responsibility for child find activities and for ensuring 
a free, appropriate public education, provide services to suppmt school administrative 
uriits in canying out that responsibility in accordance with a memorandum of 
understanding between the depa1tment and the school administrative unit; 
F. Coordinate with eligible families the development of individualized family service 
plans for children with disabilities from bitth to 2 years of age or until the sta1t of the 
school year when the child is 4 years of age if the extended Patt C option is selected 
or, when designated by the commissioner, coordinate an individualized education 
program for a child 3 years of age to under 6 years of age; 
G, Ensure that children from birth until 6 years of age who are referred to the Child 
Development Services System also receive appropriate referrals for support outside of 
the system, including appropdate public and private programmatic resources, 
regardless of a child's eligibility for early intervention or free, appropriate public 
education; and 
H, Engage in appropriate training and staff development for identification of and to 
provide intervention services for children with autism, 
Sec. 14. 20-A MRSA §7209, sub-§4, ~' as enacted by PL 2013, c. 338, §1, is 
amended by amending subparagraph (6) to read: 
( 6) A description of current and emerging trends and challenges that are having an 
effect on or are expected to have an effect on costs, services or service delivery 
methods of the Child Development Services System; and 
Sec. 15, 20-A MRSA §7209, sub-§4, 1F, as enacted by PL 2013, c, 338, §1, is 
amended by amending subparagraph (2) to read: 
(2) 
Monthly actual and budgeted expenditures by funding source and by 
expenditure category for the prior month~; and 
Sec, 16. 20-A MRSA §7209, sub-§4, 1G is enacted to read: 
G. To aid in the transition of responsibility for child find activities and for ensuring a 
free, appropriate public education in the least restrictive environment from the Child 
Development Services System to school administrative units pursuant to section 
7209-A and to coordinate services to be provided through memoranda of understanding 
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COMMITTEE AMENDMENT" A» to H.P. 219, L.D. 345 
between the department and school administrative units in carrying out responsibilities 
under Part B, Section 619. 
Sec. 17. 20-A MRSA §7209-A is enacted to read: 
§7209-A, 
Transition of responsibility for ensuring a free, appropriate public 
education for children eligibie under Part B, Section 619 
In order to meet the requirement that, beginning July I. 2028, all school administrative 
units are designated as responsible for child find activities and for ensuring a free, 
appropriate public education for children eligible under Patt B. Section 619 pursuant to 
section 7006, the following transition schedule and suppo1ts apply. 
1, Transition year one, Beginning July 1, 2024, school administrative units may be 
approved by the commissioner to assume the responsibility for child find activities and for 
ensuring a free, appropriate public education for children eligible under Patt B, Section 
619. The depattment shall approve readiness plans in accordance with subsection 8 and 
shall provide professional learning in working with young children and their families and 
technical support throughout the planning and implementation of the first year to assist 
school administrative units to prepare to meet the standards of the readiness plans. Funding 
must be provided to school administrative units on a quaiterly basis in accordance with 
section 7303. Prior to a school administrative unit assuming responsibilities for child find 
activities and for ensuring a free, appropriate public education, the depattment shall 
establish a memorandum of understanding with the school administrative unit to determine 
the services to be provided by the depa1tment and the regional suppmt and service hub. 
The memorandum of understanding must be reviewed and updated in response to 
unanticipated needs each month. The depa1tment shall contract with a national expe1t to 
regularly monitor funding and programming and recommend changes to be considered as 
part of the transition year one activities. 
2. Additional transition years. During the 2025-2026, 2026-2027 and 2027-2028 
school years, the commissioner shall approve school administrative units in addition to 
those approved under subsection 1 to assume responsibility for child find activities and for 
ensuring a free, appropriate public education. The depattment shall provide professional 
learning. funding and technical assistance in the same manner as provided to school 
administrative units in subsection 1. 
3. Additional time for certain school administrative units. If the commissioner 
determines that a school administrative unit is not able to assume responsibility for child 
find activities and for ensuring a free, appropriate public education by July 1, 2028 because 
the school administrative unit requires additional time and suppo1t in regions where related 
services and staffing are not available to suppo1t the transition, the commissioner shall 
provide that school administrative unit with necessa1y resources and an additional year to 
assume responsibility for child find activities and for ensuring a free, appropriate public 
education. If the school administrative unit cannot assume responsibility for child find 
activities and for ensuring a free, appropriate public education, as determined by the 
commissioner. the school administrative unit may qualify for a modified plan for managing 
children eligible under Patt B. Section 619 in accordance with section 7006, subsection 4. 
4. Service provision. A school administrative unit that has assumed responsibility for 
child find activities and for ensuring a free, appropriate public education may directly 
provide special education and related services to children eligible under Patt B, Section 
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619, may contract with public and private providers to provide special education and related 
services and may access the school administrative unit's regional site or regional suppo1t 
and service hub to provide ce1tain services as delineated in the memorandum of 
understanding between the school administrative unit and the department. 
5. Transition of Child Development Services System regional sites to regional 
support and service hubs. When a school administrative unit is responsible for child find 
activities and for ensuring a free, appropriate public education, the Child Development 
Services System site in that region shall transition to serve as a regional support and service 
hub to meet the requirements of section 7212 and to make necessary services and supports 
available in accordance with a memorandum of understanding developed between the 
depa1tment and the school administrative unit before the transition ofresponsibility occurs. 
The regional suppo1t and service hubs must be aligned with the 9 superintendent regions 
established by the statewide association of superintendents. 
6. Annual report. Beginning March 1. 2025 and in each subsequent year of the 
transition phase in subsections 1 to 3, the depaitment shall submit a repo1t to the joint 
standing committee of the Legislature having jurisdiction over education matters. The 
rep01t must include data and information regarding the number of school administrative 
units that have assumed responsibility for child find activities and for ensuring a free, 
appropriate public education and progress on the implementation of the transition under 
this section. During the transition. this repo1t must include the annual rep01t requirements 
under section 7006. subsection 5. The joint standing committee of the Legislature having 
jurisdiction over education matters may rep01t out a bill related to the report to the session 
of the Legislature in which the repo1t is received. 
7. Due process and compensatory services; review. The Child Development Services 
System is responsible for ensuring due process and shall pay 100% of costs for 
compensato1y services for children eligible under Part B, Section 619 who have been 
underserved through the Child Development Services System. The Child Development 
Services System shall conduct a review of the files of children eligible under Pait B. Section 
to determine whether legally required special education and related services have been 
provided. The review must be conducted for children eligible under Part B. Section 619: 
A. Who are entering kinderga1ten: and 
B, For whom responsibility for a free. appropriate public education is being transferred 
to a school administrative unit. For children eligible under this subsection, the review 
must be conducted prior to the school administrative unit assuming responsibility for 
child find activities and for ensuring a free, appropriate public education. 
If legally required special education and related services have not been provided or have 
only pa1tially been provided, the Child Development Services System shall schedule an 
individualized education program meeting to determine the compensat01y services that are 
warranted and to develop a plan to provide necessary compensatory services. 
8. Readiness plans; assessment. Before a school administrative unit may be approved 
by the commissioner to assume the responsibility for child find activities and for ensuring 
a free, appropriate public education for children eligible under Pait B, Section 619, the 
depaitment shall assess the school administrative unit's readiness plan. The school 
administrative unit's readiness plan must include, but is not limited to: 
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COMMITTEE AMENDMENT "A" to H.P. 219, L.D. 345 
A. The l'equirements for basic apprnval standards for public preschool programs 
established by applicable depattment rule: 
B. Whether the school administrative unit has an existing public preschool program 
and, if so, whether the school administrative unit has plans to expand that program: 
C. Prior, ongoing and future professional development on early learning and 
development and best practices for district administrators, leadership, staff and 
educators: 
D. Assurance of providing special education and related services in the least restrictive 
environment; and 
E. A preschool enrollment policy, if any. 
9, Parental advisory committees, The Child Development Services System may 
establish parental adviso1y committees at each of the 9 regional suppo1t and service hubs. 
A. The majority of each of the parental advis01y committee's membership must be 
parents. The rest of the membership of the parental advisory committees must reflect 
representatives from the regional suppo1t and service hubs, school administrative units 
and statewide associations dedicated to assisting parents and families of persons with 
disabilities. Members of the parental advisory committees are not entitled to 
compensation. 
B. The parental advisory committees shall seek input and feedbaclc, to the greatest 
extent possible and from a broad array of parents from diverse geographic regions of 
the State, on the implementation of child find activities and the provision of special 
education and related services to children eligible under Part B, Section 619. The Child 
Development Services System shall assist the parental adviso1y committees in 
establishing a method for parents to communicate directly with the parental advis01y 
committees to provide feedback. 
Beginning March 1, 2025 and annually thereafter, the Child Development Services System 
shall submit a rep01t to the joint standing committee of the Legislature having jurisdiction 
over education matters, which must include, but is not limited to, the number of parental 
adviso1y committees that have been formed, how often they met during the prior year and 
the number of individuals who have patticipated. The repo1t may also include findings and 
recommendations from the parental adviso1y committees regarding the implementation of 
child find activities and the provision of free, appropriate public education for children 
eligible under Patt B, Section 619. The joint standing committee of the Legislature having 
jurisdiction over education matters may rep01t out a bill related to the repo1t to the session 
of the Legislature in which the repo1t was received. 
Sec. 18. 20-A MRSA §7211 is enacted to read: 
§7211, Regional support and service hubs 
The Child Development Services System shall establish 9 regional supp01t and service 
hubs that are aligned with each of the 9 superintendent regions established by the statewide 
association of superintendents. The regional suppo1t and service hubs shall provide 
suppo1ts and resources to school administrative units that have assumed the responsibility 
for child find activities and for providing a free, appropriate public education to children 
eligible under Patt B, Section 619 pursuant to section 7006, subsection 2 and other high-
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COMMITTEE AMENDMENT 'A "to H.P. 219, L.D. 345 
quality early childhood programs partnering with or otherwise contracted by a school 
administrative unit to fulfill the school administrative unit's responsibilities under Pait B, 
Section 619 pursuant to section 7006, subsection 2 as detennined through memoranda of 
understanding between the depa1tment and the school administrative unit. 
1. Minimum requirements. Each regional suppo1t and service hub shall, at a 
minimum, offer the following supports, assistance and resources to the school 
administrative units within the superintendent region to which the regional suppo1t and 
service hub is aligned: 
A. Assistance with child find activities; 
B. Training and other professional development oppottunities and technical assistance 
with the implementation of developmentally appropriate practices for young children, 
including, but not limited to, cuniculum. screening and assessment selections aligned 
with the State's early leaming developmental standards, understanding of and 
requirements to meet free, appropriate public education and least restrictive 
environment standards and best practices for inclusive learning; 
C. Assistance with establishing and strengthening community paitnerships with 
existing inclusive, high-quality early childhood programs to help school administrative 
units meet federal obligations under Part B, Section 619. High-quality early childhood 
programs include, but are not limited to, Head Statt programs, private prekinderga1ten 
and child care programs and other community-based programs; 
D. Assistance with locating transpottation services; 
E. Assistance with administrative tasks associated with the assumption of 
responsibility for a free, appropriate public education under Part B, Section 619; and 
F. Maintenance and coordination of access to credentialed educators and service 
providers who are available to school administrative units on a contractual basis, 
including, but not limited to, suppottive educational technicians; speech, occupational 
and physical therapists; assistive technology expe1ts; and board-ce1tified behavioral 
expe1ts. 
2. Guiding principles. In providing suppotts and resources to school administrative 
units that have assumed the responsibility for child find activities and for ensuring a free, 
appropriate public education to children eligible under Pait B, Section 619 in the least 
restrictive environment. the regional supp01t and service hubs shall: 
A. Ensure that parents of children eligible under Part B, Section 619 are recognized as 
collaborative paitners, expe1ts and decision makers; 
B. Provide written information to parents of children eligible under Patt B, Section 619 
that includes, but is not limited to, information regarding regional and local services 
and service providers; other early childhood resources, such as child care providers; 
Head Start programs; community-based approaches to improving access to quality 
early care and education; resources available through the depa1tment and the 
Depattment of Health and Human Services; and other community pa1tners and 
resources. Such information must also be made available on any publicly accessible 
website associated with the Child Development Services System or the regional 
suppo1t and service hubs; 
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C. Emphasize federal and state requirements regarding inclusion and least restrictive 
environments; 
D. Encourage coordination with community partnerships to maximize resources and 
provide comprehensive services to meet the needs of children; 
E. Suppo1t and encourage the use of evidence-based suppo1ts, including, but not 
limited to, behavior analysts and assistive technology: 
F. Suppmt and encourage the use of a strength-based approach in the suppo1t and 
provision of services to children eligible under Patt B, Section 619; 
G. Facilitate parental support groups and provide resources for parents dealing with 
bullying, difficult family dynamics and behavioral challenges; and 
H. Convene and assist the parental adviso1y committees under section 7209-A, 
subsection 9. 
Sec. 19. 20-A MRSA §7212 is enacted to read: 
§7212. Early childhood special education pathways project 
The depattment shall establish the early childhood special education pathways project 
as an accelerated graduate program developed around early childhood education to suppmt 
teachers in obtaining a master's degree and to provide reimbursement for coursework and 
suppo1t in obtaining an endorsement on a professional teacher ce1tificate for teachers of 
children from bitth to 5 years of age with disabilities. The program must be designed to 
accommodate 50 patticipants. 
Sec. 20. 20-A MRSA §7303 is enacted to read: 
§7303. Per-pupil rate for children eligible under Part B, Section 619 
Funding for school administrative units that assume responsibility for child find 
activities and for ensuring a free, appropriate public education for children eligible under 
Pait B, Section 619 pursuant to section 7006, subsection 2 may not be appropriated to or 
allocated through general purpose aid for local schools and must be provided at 100% state 
share. This funding must be calculated by the commissioner as follows. 
1. Per-pupil operating allocation. The per-pupil operating allocation for children 
eligible under Pait B, Section 619 must be calculated on a per-pupil basis in the same 
manner by which operating allocations are generated in sections 15674, 15675 and 15681. 
2. Preschool special education and related services allocation. The preschool special 
education and related services per-pupil allocation must be calculated annually for children 
eligible under Pait B, Section 619 at the EPS per-pupil rate for each school administrative 
unit under section 15676, multiplied by 1.5, for each eligible resident student. This 
allocation must be paid at the stait of each quarter, based on the estimated student count on 
July 1st and adjusted to reflect actual counts on October 1st, with additional adjustments in 
subsequent quarters. 
3. High-cost placements. A separate allocation must be determined for high-cost 
special education placements for children eligible under Pait B, Section 619 in accordance 
with this subsection. 
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COMMITTEE AMENDME~T "A" to H.P. 219, L.D. 345 
A. For high-cost, in-district placements, additional funds must be allocated for each 
student estimated to cost more than 2 times the statewide special education preschool 
per-pupil rate. The additional funds for each student must equal the amount by which 
that student's estimated costs exceed 2 times the statewide special education preschool 
per-pupil rate. 
B. For private school placements, additional funds must be allocated for each student 
estimated to cost 4 times the statewide special education preschool per-pupil rate. The 
additional funds for each student must equal the amount by which that student's 
estimated costs exceed 4 times the statewide special education preschool per-pupil rate. 
C. For public school, out-of-district placements, additional funds must be allocated for 
each student estimated to cost 3 times the statewide special education preschool per-
pupil rate, The additional funds for each student must equal the amount by which that 
student's estimated costs exceed 3 times the statewide special education preschool per-
pupil rate. 
D. For public regional special education program placements, additional funds must be 
allocated for each student estimated to cost 2 times the statewide special education 
preschool per-pupil rate, The additional funds for each student must equal the amount 
by which that student's estimated costs exceed 2 times the statewide special education 
preschool per-pupil rate. 
Sec, 21. 20-A MRSA §7304 is enacted to read: 
§7304. Preschool Special Education Program Fund 
1. Fund established. The Preschool Special Education Program Fund, referred to in 
this section as "the fund," is established as a nonlapsing fund within the department to 
provide funding for general education and special education and related services for 
children eligible under Part B, Section 619. The deprutment shall distribute funds through 
a quarterly allocation. 
2, Eligibility requirements. Beginning in fiscal year 2024-25, school administrative 
units that have assumed responsibility for child find activities and for ensuring free, 
appropriate public education for children eligible under Pa1i B, Section 619 pursuant to 
section 7006, subsection 2 are eligible to receive allocations from the fund. 
3. Purposes. Allocations from the fund may be made to school administrative units 
that have assumed the responsibility for child find activities and for ensuring a free, 
appropriate public education for special education and related services pursuant to section 
7006, subsection 2 as outlined in each child's individualized education program and for 
general education costs for children eligible under Prui B, Section 619. 
Sec. 22. 20-A MRSA §7305 is enacted to read: 
§7305, MaineCare billing system 
The depattment shall establish a centralized MaineCare billing system to bill for 
eligible services for children eligible under Pa1i B, Section 619. School administrative units 
may opt out of paiiicipation in the centralized MaineCare billing system. 
Sec. 23. Expanded Part C eligibility criteria. The Depa1tment of Education 
shall convene a work group to review and recommend expansion of the State's eligibility • 
criteria under Pati C of the federal Individuals with Disabilities Education Act, 20 United 
COMMITTEE AMENDMENT 
o<o 
~ 
COMMITTEE AMENDMENT "A" to H._P. 219, L.D. 345 
States Code, Section 1400 et seq. and submit a rep01t including findings, recommendations 
and suggested legislation to the joint standing committee of the Legislature having 
jurisdiction over education matters no later than March 1, 2025. The joint standing 
committee of the Legislature having jurisdiction over education matters may rep01t out a 
bill related to the repo1t to the 132nd Legislature in 2025. 
Sec, 24. 
Department of Health and Human Services to adopt rules 
regarding school•related services. No later than December 31, 2024, the Depmtment 
of Health and Human Services shall, within existing resources, amend its rules in Chapter 
101: MaineCare Benefits Manual to establish a new section containing the requirements 
for the provision of school-related services. 
Sec. 25. Department of Education to disseminate information on Maine 
Public Employees Retirement System retirement. The Department of Education 
shall collaborate with the Maine Public Employees Retirement System to develop and 
disseminate guidance for school administrative units, child development services and child 
development services employees regarding the capacity of school administrative units to 
pmticipate in the Participating Local District Consolidated Retirement Plan and the 
potential impacts on social security benefits of teacher plan pa1ticipation or pa1ticipating 
local district plan paiticipation for potential school administrative unit employees. School 
administrative units and the Child Development Services System regional sites and supp01t 
and service hubs shall, to the maximum extent possible, include this information on their 
publicly accessible websites. 
Sec. 26. Department of Education to review Child Development Services 
System reporting requirements. The Depmtment of Education shall review the 
legislative repo1ting requirements related to the Child Development Services System and 
submit a repott, no later than March 1, 2025, including findings, recommendations and 
suggested legislation, to the joint standing committee having jurisdiction over education 
matters on rep01ting requirements that must continue for child development services and 
revised rep01ting requirements for the department as school administrative units assume 
responsibility for child find activities and free, appropriate public education for children 
eligible under Part B, Section 619 of the federal Individuals with Disabilities Education 
Act, 20 United States Code, Section 1400 et seq. pursuant to the Maine Revised Statutes, 
Title 20-A, section 7006, subsection 2. The joint standing committee of the Legislature 
having jurisdiction over education matters may rep01t out a bill related to the report to the 
132nd Legislature in 2025. 
Sec. 27. Appropriations and allocations. The following appropriations and 
allocations are made. 
EDUCATION, DEPARTMENT OF 
Early Childhood Special Education Pathways Project N497 
Initiative: Establishes one Education Specialist III position and provides funding for the 
early childhood special education pathways project. 
GENERAL FUND 
POSITIONS - LEGISLATIVE COUNT 
Personal Services 
All Other 
2023•24 
0.000 
$0 
$0 
COMMITTEE AMENDMENT 
2024.25 
1.000 
$105,404 
$894,596 
o<b 
~ 
COMMITTEE AMENDMENT ·A .. 
p 21 
to H, , 
9, L.D, 345 
GENERAL FUND TOTAL 
Preschool Special Education Z399 
$0 
$1,000,000 
Initiative: Provides ongoing funds to establish the Preschool Special Education Program 
Fund supporting special education and related services for preschool children 3 to 5 years 
of age. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
EDUCATION, DEPARTMENT OF 
DEPARTMENT TOTALS 
GENERAL FUND 
DEPARTMENT TOTAL-ALL FUNDS 
2023-24 
$0 
2024-25 
$9,000,000 
$0 
$9,000,000 
2023-24 
2024-25 
$0 
$10,000,000 
$0 
$10,000,000 
Amend the bill by relettering or renumbering any nonconsecutive Pait letter or section 
number to read consecutively. 
SUMMARY 
This amendment replaces the bill, which is a concept draft, and changes the title. The 
amendment reorganizes oversight and updates practices for serving infants, toddlers and 
children with disabilities from bitth to 6 years of age. The amendment: 
1. 
Establishes the extended Pait C option under the federal Individuals with 
Disabilities Education Act to continue individualized family service plans until the sta1t of 
the school year when the child is 4 years of age if the family chooses; 
2. Provides that, beginning July 1, 2028, all school administrative units are responsible 
for child find activities and for ensuring a free, appropriate public education for children 
eligible under Part B, Section 619 of the federal Individuals with Disabilities Education 
Act; 
3. Provides that, until June 30, 2028, the Commissioner of Education is required to 
designate responsibility for child find activities and for ensuring a free, appropriate public 
education for eligible children to the Child Development Services System or to school 
administrative units in accordance with a transition schedule. During the transition, the 
commissioner may approve school administrative units to assume the responsibility for 
child find activities and for ensuring a free, appropriate public education, The school 
administrative units must be provided professional learning and technical support and the 
department must assess and approve readiness plans. The amendment adds to the duties of 
the director of early childhood special education within the depad:m:ei1t to supp01t the 
transition. The depaitment is required to contract with a'riatiorial expert to regularly monitor 
funding and programming, and repo1t annually in March to the joint sta11ding coinmittee of 
COMMITTEE AMENDMENT 
o<o 
~ 
COMMITTEE AMENDMENT "A" to H.P. 219, L,D, 345 
the Legislature having jurisdiction over education matters. The amendment also allows the 
Child Development Services System to appoint parental advisory committees at each of 
the regional suppo1t and service hubs; 
4. Establishes that school administrative units may provide services directly or may 
contract with public or private providers to provide services and that school administrative 
units may also access their Child Development Services System regional site or regional 
supp mt and service hub to provide ce1tain services. A memorandum of understanding must 
be developed between the school administrative unit and the Depattment of Education to 
determine the services to be provided by the regional support and service hub; 
5. Provides that, when school administrative units assume responsibility for child find 
activities and for ensuring a free, appropriate public education, the Child Development 
Services System will transition from a regional site to a regional suppott and service hub 
aligned with the 9 superintendent regions. The amendment establishes the minimum 
requirements and guiding principles for the regional suppo1t and service hubs; 
6. Allows the Commissioner of Education to grant an additional year to school 
administrative units that require additional time and suppott to assume responsibility for 
child find activities and for ensuring a free, appropriate public education and provides that, 
if the commissioner determines that a school administrative unit is unable to assume 
responsibility, the commissioner may establish a modified plan for that school 
administrative unit in managing children eligible under Pait B, Section 619; 
7. Requires the Depaitment of Education to implement a funding formula to fully fund 
school administrative units for the assumption of responsibility for child find activities and 
for ensuring a free, appropriate public education for eligible children. Funding for school 
administrative units that assume responsibility for child find activities and for ensuring a 
free, appropriate public education for children eligible under Patt B, Section 619 may not 
be appropriated to or allocated through general purpose aid for local schools and must be 
provided at 100% state share. The funding fo11nula includes, for each school administrative 
unit, a per-pupil operating allocation, a per-pupil special education and related services 
allocation and additional allocations for high-cost placements, Funding must be provided 
quarterly; 
8. Establishes the Preschool Special Education Program Fund and provides an ongoing 
General Fund appropriation of $9,000,000 to suppo1t general education and special 
education and related services funding for eligible children; 
9. Provides that the Child Development Services System is responsible for due process 
and for paying 100% of the costs for compensat01y services for children who have been 
underserved through the Child Development Services System and establishes a review 
procedure for eligible children entering kindergatien or whose school administrative units 
are assuming responsibility for child find activities and for ensuring a free, appropriate 
public education; 
10, Requires the Depatiment of Health and Human Services to amend its MaineCare 
Benefits Manual rules regarding school-related services; and 
11. Requires the Depatiment of Education to establish the early childhood special 
education pathways project, establish a centralized MaineCare billing system, convene a 
work group to review and recommend expansion of the State's Part C eligibility criteria, 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT"A:' to H.P. 219, L.D. 345 
develop and disseminate information on Maine Public Employees Retirement System 
retirement and review the Child Development Services System annual legislative reporting 
requirements. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Revised: 04/05/24 ~ae. 
LD 345 
LR 719(02) 
An Act Regarding Educational Policies and Programs 
Fiscal Note for Bill as Amended by Committee Amendment •A- ( f-{/ o/ f ~)· 
Committee: Education and Cultural Affairs 
CJ 
Net ~ost (Savings) 
General Fund 
' 
' 
; '. 
Apprqp1:_ia tions/ Alloc~tious 
Genera) fll11d 
Stat~ M_audates 
~equired Activity 
Fiscal Note Required: Yes 
Fiscal Note 
Potential State Mandate - Commitment to future funding 
FY 2023-24 
FY 2024-25 
$0 
$10,000,000 
$0 
.$1-0,000,000 
Requfres focal school administrative units to assume responsibility for child find 
activities and for ei1suring a free appropriate public education (F APE) for children 
ages 3. through 5 v1;ho are ·eligible for services under the Individuals with Disabilities 
Act, Part B_,. Section 619 beginning July 1, 2028 . 
.. 
Projections 
FY 2025-26 
Projections 
FY 2026-27 
$10,000,000. 
$10,000,000 
$10,000,000 
Unit Affected 
School 
$10,000,000 
Local Cost 
Significant 
statewide 
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: ( 1) 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 bill 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 
This bill transfers the responsibility for child find activities and F APE for children ages 3 th1;ough 5 who are eligible 
for services under the Individuals with Disabilities Act, Part B, Section 619 from the State to local school 
administrative units (SAUs) effective July 1, 2028. The bill requires the Department of Education to implement a 
funding fotmula, separate from the Essential Program and Services model, to fully fund the cost for SA Us to assurri" 
the responsibility for FAPE and child find activities, The cost to the State to fund 100% of the cost to SAUs once 
transition is complete in July of 2028 cannot be estimated at this time but will be significant. 
LR07 l 9(02) - Fiscal Note - Page 1 of 2 
Until the transition is completed, SAU's may assume this responsibility on a volunta1~,:~f ~~(~1t:) 
Commissioner of Education, The Department of Education will provide those approved SAU's with professional 
learning oppo1tunities and funding to support the costs of child find activities and providing FAPE for these children. 
This bill includes-ongoing General Fund appropriations of $9,000,000 per year beginning in fiscal year 2024-25 to a 
newly established Preschool Special Education program within the depa1tment to fund up to 900 children statewide 
that approved SAUs may oversee during the transition period, 
This bill also includes ongoing General Fund appropriations of $1,000,000 per year beginning in fiscal year 2024-25 
to a newly created Early Childhood Special Education Pathways Project program within the department for one 
Education Specialist III position and related All Other funding to manage and support the pathways project 
established as an accelerated graduate program to support teachers in obtaining a master's degree and to provide 
reimbursement for coursework and support in obtaining an endorsement on a teacher certificate for teachers of 
children with disabilities for children from birth to 5 years of age. 
Additional costs to the Department of Education and the Maine Public Employees Retirement System to develop and 
disseminate guidance for SA Us, child development services and child d~velopment services employees regarding the 
. capacity of SA Us to participate in the Participating Local District (PLD) Consolidated Retireme1it Plan and the 
potential impacts on Social Security benefits of the teacher plan or the PLD plan for potential SAU employees can be 
absorbed within existing budgeted resoui·ces. Additional costs to the Department of Education to convene the 
required workgroup and to review the legislative reporting requirements related to the child development services 
system can be absorbed within existing budgeted resources, 
LR0719(02) - Fiscal Note - Page 2 of2