Bill Summary – FastDemocracy

APPROVED                  CHAPTER
                                                                   JULY 27, 2023                  449
                                                                  BY GOVERNOR               PUBLIC LAW
                                  STATE OF MAINE
                                           _____
                           IN THE YEAR OF OUR LORD
                      TWO THOUSAND TWENTY-THREE
                                           _____
                                     H.P. 49 - L.D. 79
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
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repealed.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
3 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:
                                    Page 1 - 131LR0175(03)
    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 agency 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 agency 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 agency 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.
                                    Page 2 - 131LR0175(03)
    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.
                                    Page 3 - 131LR0175(03)
Statutes affected: 
Bill Text LD 79, HP 49: 20-A.1, 20-A.7007, 20-A.7202, 20-A.7206, 20-A.7251, 20-A.15689, 34-A.1206, 34-B.1208
Bill Text ACTPUB , Chapter 449: 20-A.1, 20-A.7007, 20-A.7202, 20-A.7206, 20-A.7251, 20-A.15689, 34-A.1206, 34-B.1208