An Act to Clarify Requirements for Payment of Tuition for Children with Disabilities by the Department of Education's Child Development Services System
Maine Legislature, Session 131, LD 1309
Committee: Education and Cultural Affairs
Sponsors: GATTINE, PIERCE, BRENNAN, CRAFTS, JAVNER, LANIGAN, MEYER, MILLETT, MURPHY
Amends: 20-A MRSA §7302

Legislative Document
No. 1309
H.P. 834
House of Representatives, March 23, 2023
An Act to Clarify Requirements for Payment of Tuition for 
Children with Disabilities by the Department of Education's Child 
Development Services System
(EMERGENCY)
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 PIERCE of Cumberland and
Representatives: BRENNAN of Portland, CRAFTS of Newcastle, JAVNER of Chester, 
LANIGAN of Sanford, MEYER of Eliot, MILLETT of Cape Elizabeth, MURPHY of 
Scarborough.
Emergency preamble.  Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, Maine has committed to safeguarding and expanding the number of 
available slots for early childhood education across the State; and
Whereas, certain special purpose private schools and private general purpose 
agencies that provide both educational services and medically necessary behavioral health 
services to children with disabilities who have not attained 6 years of age do not have access 
to tuition payments for educational services and are receiving only MaineCare payments 
for medically necessary behavioral health services; and
Whereas, the ongoing lack of tuition payments for educational services threatens the 
continued economic viability of schools and agencies that provide both educational 
services and medically necessary behavioral health services to children with disabilities 
who have not attained 6 years of age and the ability of those schools and agencies to 
continue to provide needed special education services; and
Whereas, a shortage of high-quality, affordable early childhood education and care is 
a crisis for affected families and for organizations who support them, and the young 
children with special education needs served by these agencies are not appropriately served 
by other available community child care providers; and
Whereas, without these special purpose private preschools, hundreds of children 
would lose access to professional, specialized prekindergarten education and care and 
would likely become dependent upon their families for that education and care; and
Whereas, specialized, early intervention is particularly vital for these children and 
families, since it gives these children the best chance to develop cognitive, physical, social 
and emotional skills to prepare them for future education and life challenges; and
Whereas, tuition payments for educational services are provided to special purpose 
private schools and agencies serving children in elementary and secondary school, but are 
not provided when the child has not attained 6 years of age; and
Whereas, restoration and full payment of tuition payments for educational services 
for children with disabilities who have not attained 6 years of age will improve the 
economic viability of schools and agencies and foster their ability to continue to provide 
these important 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.  20-A MRSA §7302, sub-§2, ¶G is enacted to read:
G.  A special purpose private school or private general purpose agency that provides 
both educational and medically necessary behavioral health services to children with 
disabilities who have not attained 6 years of age is entitled to receive payment for the 
educational services they provide from the Child Development Services System.  
Before the beginning of the 2023-2024 school year, the Child Development Services 
System shall cooperate with special purpose private schools and private general 
purpose agencies to establish appropriate daily rates for the educational component of 
services provided by special purpose private schools and private general purpose 
agencies, relying on the methodology currently being used for the establishment of 
daily rates for public schools and special purpose private schools serving children in 
elementary and secondary school.  Following the establishment of the daily rates, the 
Child Development Services System shall make payments required by this paragraph 
to special purpose private schools and private general purpose agencies at the 
established daily rates for the educational services they provide.
Emergency clause.  In view of the emergency cited in the preamble, this legislation 
takes effect when approved.
SUMMARY
This bill requires special purpose private schools and private general purpose agencies 
that provide both educational and behavioral health services to children with disabilities 
who have not attained 6 years of age receive payments for the educational services they 
provide from the Child Development Services System within the Department of Education.  
The bill requires that the Child Development Services System work with these private 
schools and general purpose agencies to establish, prior to the beginning of the 2023-2024 
school year, appropriate daily rates for payments for the educational component of their 
services.  These daily rates rely on the daily rate methodology now used. These daily rates 
must then be used to calculate payments for educational services.