An Act to Create the Building Opportunity Through Out-of-school
Maine Legislature, Session 132, LD 1389
Committee: Health and Human Services
Sponsors: CLOUTIER, DAUGHTRY

Legislative Document
No. 1389
H.P. 911
House of Representatives, April 1, 2025
An Act to Create the Building Opportunity Through Out-of-school 
Time Program
Reference to the Committee on Health and Human Services suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative CLOUTIER of Lewiston.
Cosponsored by President DAUGHTRY of Cumberland and
Representatives: MOONEN of Portland, MURPHY of Scarborough, SHAGOURY of 
Hallowell, STOVER of Boothbay, ZAGER of Portland, Senators: LIBBY of Cumberland, 
MOORE of Washington, ROTUNDO of Androscoggin.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  22 MRSA c. 1083 is enacted to read:
CHAPTER 1083
OUT-OF-SCHOOL PROGRAM
§4100-A. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms 
have the following meanings.
1. At-risk school-age youth. "At-risk school-age youth" means a school-age youth 
who is at risk of educational failure because of limited English proficiency, community 
factors, academic difficulties or economic disadvantage.
2. Community-based nonprofit organization. "Community-based nonprofit 
organization" means a qualified nonprofit organization incorporated under federal law or 
under the laws of this State and subject to the provisions of Title 13, chapter 81 or the 
Maine Nonprofit Corporation Act that provides out-of-school programming to school-age 
youth. "Community-based nonprofit organization" includes the following entities:
A. A community-based nonprofit organization that is not a member of a statewide 
youth-serving nonprofit organization;
B. A statewide youth-serving nonprofit organization; and
C. A coalition of at least 3 nonprofit organizations that provide youth services in a 
specific geographic region.
3. Eligible provider. "Eligible provider" means a community-based nonprofit 
organization, a library or a statewide youth-serving nonprofit organization.
4. Out-of-school programming. "Out-of-school programming" means structured 
programs or activities with engaged adults, mentors and evidence-based or evidence-
informed outcomes provided to school-age youth before school, after school or during the 
summer and relating to one of more of the following:
A. Improving social, emotional, academic or vocational competencies;
B. Preventing teenage pregnancies;
C. Reducing negative behaviors, such as violence and crime; tobacco, alcohol and other 
substance use; disengagement from school; behaviors leading to school suspension; 
truancy; and other health-compromising behaviors;
D. Providing a safe out-of-school environment;
E. Engaging in career exploration or formal or informal apprenticeships; and
F. Any other programming approved by the department.
5. Program. "Program" means the Building Opportunity Through Out-of-school Time 
Program.
6. School-age youth. "School-age youth" means a child 5 to 13 years of age and 
attending a kindergarten, elementary school or secondary school at which the compulsory 
attendance requirements of the State can be met pursuant to Title 20-A, section 5001-A.
7. Statewide youth-serving nonprofit organization. "Statewide youth-serving 
nonprofit organization" means a statewide, qualified nonprofit organization incorporated 
under federal law or under the laws of this State and subject to the provisions of Title 13, 
chapter 81 or the Maine Nonprofit Corporation Act that serves community-based nonprofit 
organizations and supports facility-based out-of-school programming designed for 
recreational, educational and character-building purposes for school-age youth.
§4100-B. Building Opportunity Through Out-of-school Time Program
The Building Opportunity Through Out-of-school Time Program is established in the 
department as a competitive grant program to expand out-of-school programming by 
increasing or enhancing current programming, reducing barriers for access to out-of-school 
programming and creating new programming.
1. Building Opportunity Through Out-of-school Time Program Fund. The 
Building Opportunity Through Out-of-school Time Program Fund is established as a 
nonlapsing fund to provide funding to achieve the purposes of the program. The fund 
consists of any funds received from private and public sources. The fund must be held 
separate from all other money, funds and accounts. Any balance remaining in the fund at 
the end of any fiscal year must be carried forward to the next fiscal year.
2. Duties of the department. The department shall:
A. Establish by rule the process through which eligible providers may apply for 
program grants, the criteria used to make program grant award determinations and the 
allowable program grant award uses;
B. Enter into agreements with 3rd-party entities, including intermediate units, to carry 
out the provisions of this chapter;
C. Establish guidelines and standards necessary to implement the provisions of this 
chapter;
D. Publish the process, criteria and uses of program grant funds on its publicly 
accessible website;
E. Annually publish the program grant awards organized by grantee, on its publicly 
accessible website;
F. Ensure program grant agreements allow individuals receiving services pursuant to 
program grant awards to remain eligible for funds under section 1053-B;
G. Leverage federal funding opportunities to the extent practicable to fund the grant 
program; and
H. Perform other functions necessary to carry out the provisions of this chapter, 
including monitoring grantees.
3. Rules. The department shall adopt rules to implement the program. The rules must 
include grantee eligibility requirements, grant application and award procedures and grant 
funding limits. Rules adopted pursuant to this subsection are routine technical rules as 
defined in Title 5, chapter 375, subchapter 2‑A.
§4100-C.  Building Opportunity Through Out-of-school Time Program grant awards
This section governs grant awards under the program.
1. Grant awards. By December 1, 2026, the department shall award grants to the 
extent that funds are appropriated or allocated to the Building Opportunity Through Out-
of-school Time Program Fund under section 4100-B, subsection 1. A program grant award 
may not exceed a grantee's total cost of operating its out-of-school programming.
2. Subgrants.  Statewide youth-serving nonprofit organizations that are awarded 
program grant funds may award subgrants to member and partner nonprofit organizations. 
Statewide youth-serving nonprofit organizations are responsible for the performance of all 
subgrantees for the duration of the grant award's project period, including ensuring 
compliance with all program and fiscal reporting, monitoring and other requirements. 
Organizations that receive subgrants are ineligible to receive program grant awards as 
direct grantees.
3. Funding priorities.  To the greatest extent practicable, in making program grant 
award determinations, the department shall give priority to eligible providers that:
A. Are currently in operation and have an established history of receiving government 
funding, have demonstrated the ability to meet necessary program compliance 
requirements and have satisfactorily implemented previous programs;
B. Demonstrate a commitment to reducing barriers to access, including transportation 
costs and enrollment costs, for and serving at-risk school-age youth, students 
experiencing homelessness, youth in foster care and students with disabilities;
C. Demonstrate a commitment to serving and increasing access for historically 
underrepresented and underserved school-age youth;
D. Offer weekly out-of-school programming;
E. Develop and maintain community coordination and partnerships;
F. Engage the target population and other stakeholders in the development and 
implementation of out-of-school programming;
G. Use program grant funds to supplement, rather than supplant, existing resources;
H. Integrate trauma-informed approaches into the program curriculum and the 
professional development curriculum of personnel who have regular contact with 
school-age youth; or
I. Represent a variety of geographic regions throughout the State.
4. Grantee requirements. The department shall require that a grantee of a program 
grant award:
A. Maintain a separate financial accounting in the grantee's budget to facilitate 
monitoring and auditing of the use of program funds;
B. Cap administrative costs associated with the implementation of the program grant 
to 10% of the total award; and
C. Commit to nondiscrimination against individuals or groups by reason of race, color, 
familial status, religion, ancestry, age, sex, sexual orientation, gender identity or 
expression, national origin, disability, the use of guide or support animals because of 
blindness or deafness or physical disability of the user or because the user is a handler 
or trainer of guide animals.
§4100-D.  Reporting requirements 
1. Reporting. No later than February 1, 2027 and each February 1st thereafter in which 
funding is appropriated or allocated for the purpose of providing program grant awards to 
eligible providers under this chapter, the department shall submit a report to the joint 
standing committee of the Legislature having jurisdiction over health and human services 
matters summarizing the operation of the program for the immediately preceding fiscal 
year. The report must include:
A. The criteria used to determine the eligibility of applicants for funding under the 
program;
B. The criteria used to select eligible providers for program grant awards and determine 
the program grant amount;
C. A summary of the process used by eligible applicants to apply for program grant 
funds, including sample copies of all application forms, instructions and guidelines and 
all deadlines;
D. A summary of the total amount of grant funds paid to grantees;
E. A summary of the allowable uses of grant funds under the program;
F. A listing by county of each eligible provider that submitted a grant application and 
an indication of whether the provider received funding and in what amount; and
G. For each grantee, the following information:
(1) The grantee's name;
(2) The grantee's address;
(3) The number of school-age youth served through the program by grade level;
(4) The number of at-risk school-age youth served through the program by grade 
level;
(5) The uses of program funds;
(6) To the extent possible, a financial summary indicating the total expenditures 
on out-of-school programming of the grantee and indicating as components of 
those expenditures the total revenues received from the State under the program 
and the total revenues received from families with school-age youth enrolled in 
out-of-school programming; and
(7) The enrollment goals as set forth in the program grant application.
2. Report out legislation. The joint standing committee of the Legislature having 
jurisdiction over health and human services matters may report out legislation relating to 
the annual report under subsection 1 in the year in which the report is presented to the 
committee.
Sec. 2.  Appropriations and allocations.  The following appropriations and 
allocations are made.
HEALTH AND HUMAN SERVICES, DEPARTMENT OF
Building Opportunity Through Out-of-school Time Program N966
Initiative: Provides one-time funding to the Building Opportunity Through Out-of-school 
Time Program to provide grants to community-based nonprofit organizations to increase 
access to out-of-school programming for school-age youth 5 to 13 years of age.
GENERAL FUND
2025-26
2026-27
All Other
$0
$5,000,000
__________
__________
GENERAL FUND TOTAL
$0
$5,000,000
SUMMARY
This bill establishes the Building Opportunity Through Out-of-school Time Program 
within the Department of Health and Human Services as a competitive grant program to 
expand out-of-school programming opportunities for school-age youth by increasing or 
enhancing current programming, reducing barriers for access to out-of-school 
programming and creating new programming. It directs the department to issue by 
December 1, 2026 program grant awards to eligible community nonprofit organizations or 
libraries and monitor grantee performance and, no later than February 1, 2027 and annually 
thereafter, submit a report to the joint standing committee of the Legislature having 
jurisdiction over health and human services matters summarizing the operation of the 
program for the immediately preceding fiscal year. The bill appropriates $5,000,000 from 
the General Fund to the department for the 2026-27 fiscal year to carry out the requirements 
of the program.