An Act to Ensure a High-quality Education for Students with Disabilities by Clarifying the Definition of "State Agency Client and Who Provides Special Education Programs and Services
Maine Legislature, Session 131, LD 0079
Committee: Education and Cultural Affairs
Sponsors: CRAFTS
Amends: 20-A MRSA §1, 20-A MRSA §7007, 20-A MRSA §7202, 20-A MRSA §7206, 20-A MRSA §7251, 20-A MRSA §15689-A, 34-A MRSA §1206, 34-B MRSA §1208

Legislative Document
No. 79
H.P. 49
House of Representatives, January 4, 2023
An Act to Ensure a High-quality Education for Students with 
Disabilities by Clarifying the Definition of "State Agency Client" 
and Who Provides Special Education Programs and Services
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 CRAFTS of Newcastle.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  20-A MRSA §1, sub-§34-A, as amended by PL 2017, c. 148, §4, is 
repealed.
Sec. 2.  20-A MRSA §1, sub-§34-B is enacted to read:
34-B.  State agency client.  "State agency client" means a child with a disability who 
is 3 years of age or older and under 22 years of age who requires an individualized 
education program in order to access a free, appropriate public education and who is:
A.  In the care or custody, or both, of the Department of Health and Human Services 
and whose placement, either with a person who is not the child's parent, legal guardian 
or relative or in a residential setting, is facilitated by a caseworker from the Department 
of Health and Human Services and funded, in whole or in part, through the MaineCare 
program or the Department of Health and Human Services, and that placement is for 
reasons other than educational reasons; or
B.  In the custody or under the supervision of the Department of Corrections, including, 
but not limited to, a juvenile on conditional release, an informally adjusted juvenile, a 
probationer or a juvenile on community reintegration status from the Long Creek 
Youth Development Center and who is placed, for reasons other than educational 
reasons, pursuant to a court order or with the agreement of an authorized agent of the 
Department of Corrections, outside the juvenile's home.
Notwithstanding paragraphs A and B, "state agency client" also means a child who is under 
years of age and has a diagnosed, established condition or a biological factor that has a 
high probability of resulting in developmental delay.
Sec. 3.  20-A MRSA §7007, first ¶, as enacted by PL 2011, c. 19, §1, is amended 
to read:
Related services must be provided by qualified individuals employed or contracted by 
the school administrative unit, intermediate educational unit, public school or other public 
agency that receives federal or state funds to provide early intervention or free, appropriate 
public education services to children with disabilities in accordance with rules adopted by 
the department pursuant to section 7005.
Sec. 4.  20-A MRSA §7202, first ¶, as enacted by PL 1981, c. 693, §§5 and 8, is 
amended to read:
Each school administrative unit operating schools shall:
Sec. 5.  20-A MRSA §7206, sub-§1, as amended by PL 2009, c. 571, Pt. U, §1, is 
further amended to read:
1.  Complaint.  An interested party may file with the commissioner a written complaint 
alleging that a school administrative unit or private school, intermediate educational unit 
or other public agency serving children with disabilities has failed to comply with this 
chapter.  The complaint must allege a violation that occurred not more than one year prior 
to the date that the complaint is received or the complaint must request compensatory 
services for a violation that occurred not more than 2 years prior to the date the complaint 
is received.
Sec. 6.  20-A MRSA §7206, sub-§5, as amended by PL 1983, c. 862, §60, is further 
amended to read:
5.  Enforcement.  If the unit school administrative unit, intermediate educational unit, 
public school or other public entity against which a complaint has been filed under 
subsection 1 fails to comply with the commissioner's order an order issued by the 
commissioner, the commissioner:
A.  May withhold financial aid from the school administrative unit, intermediate 
educational unit, public school or other public entity until it complies with the 
commissioner's order; and
B.  Shall refer the matter to the Attorney General, who shall take appropriate action to 
bring the school administrative unit, intermediate educational unit, public school or 
other public entity into compliance.
Sec. 7.  20-A MRSA §7251, first ¶, as amended by PL 1987, c. 395, Pt. A, §73, is 
further amended to read:
A school administrative unit or public school may establish an appropriate special 
education program.
Sec. 8.  20-A MRSA §15689-A, sub-§1, as amended by PL 2017, c. 284, Pt. C, 
§54, is further amended to read:
1.  Payment of state agency client costs.  State agency client costs are payable 
pursuant to this subsection.  As used in this subsection, "state agency client" has the same 
meaning as defined in section 1, subsection 34‑A 34-B.
A.  The commissioner shall approve special education costs and supportive services, 
including transportation, for all state agency clients placed in residential placements by 
an authorized agent of a state agency.
B.  Special education costs authorized by this subsection for state agency clients must 
be paid by the department in the allocation year at 100% of actual costs.
C.  The commissioner shall pay only approved special education costs and supportive 
services, including transportation, authorized by this subsection for state agency clients 
and may not allocate for those special education costs and supportive services, 
including transportation, incurred by the school administrative unit for state agency 
clients in the base years starting July 1, 1985, and every base year thereafter.
D.  Transportation costs for state agency clients, when provided in accordance with 
rules established by the commissioner under section 7204, must be paid by the 
department in the allocation year at 100% of actual costs.
E.  The commissioner may pay tuition to school administrative units or private schools 
for the education of institutional residents within the limits of the allocation made under 
this section.
F.  The commissioner may deduct from these funds and pay on behalf of the state 
agency clients allowable school-based costs that represent the State's portion of 
MaineCare payments. A transfer of payment by the department to the Department of 
Health and Human Services must be made pursuant to a schedule agreed upon by the 
Department of Health and Human Services and the department and in a manner that 
remains in compliance with federal intergovernmental transfer requirements.
Sec. 9.  34-A MRSA §1206, sub-§1, ¶F, as enacted by PL 1985, c. 789, §§5 and 
9, is amended to read:
F.  "State agency client" means the same as set out in Title 20‑A, section 1, subsection 
34‑A 34-B.
Sec. 10.  34-B MRSA §1208, sub-§1, ¶G, as enacted by PL 1985, c. 789, §§7 and 
9, is amended to read:
G.  "State agency client" has the same meaning as in Title 20‑A, section 1, subsection 
34‑A 34-B.
SUMMARY
This bill clarifies the definition of "state agency client" for purposes of special 
education and clarifies who is entitled to establish or obligated to provide special education  
programs and related services.