APPROVED CHAPTER
JULY 27, 2023 450
BY GOVERNOR PUBLIC LAW
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-THREE
_____
H.P. 66 - L.D. 98
An Act to Update the Special Education Laws
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 20-A MRSA §7001, sub-§1-B, ¶B, as amended by PL 2011, c. 542, Pt. A,
§21, is further amended to read:
B. For children at least 3 years of age and under 20 22 years of age evaluated in
accordance with the federal Individuals with Disabilities Education Act, 20 United
States Code, Section 1414, subsections (a) to (c) as measured by both standardized,
norm-referenced diagnostic instruments and appropriate procedures with delays or
impairments such that the children need special education:
(1) A child at least 3 years of age and under 6 years of age with a significant
developmental delay, at the discretion of the intermediate educational unit or
school administrative unit, as defined in rules adopted by the department, in one or
more of the following areas: cognitive development; physical development,
including vision and hearing; communication development; social or emotional
development; adaptive development; or
(2) A child with at least one of the following:
(a) Intellectual disability;
(b) Hearing impairment, including deafness Deafness, including hearing loss;
(c) Speech or language impairment;
(d) Visual impairment, including blindness;
(e) Serious emotional disturbance Emotional disability;
(f) Orthopedic impairment;
(g) Autism;
(h) Traumatic brain injury;
(i) Other health impairment;
(j) Specific learning disabilities;
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 (k) Deafness and blindness Deaf-blindness; and
(l) Multiple disabilities.
Sec. 2. 20-A MRSA §7201, sub-§2-A, ¶B, as enacted by PL 2005, c. 662, Pt. A,
§22, is amended to read:
B. Children with disabilities at least 3 years of age and under 20 22 years of age,
including children in public or private institutions or other care facilities, must be
educated with children without disabilities. Special classes, separate schooling or other
removal of children with disabilities from the regular educational environment may
occur only when the nature or severity of the disability of a child is such that education
in regular classes with the use of supplementary aids and services cannot be achieved
satisfactorily.
Sec. 3. 20-A MRSA §7202, sub-§3, as amended by PL 2005, c. 662, Pt. A, §23, is
further amended to read:
3. Diagnosis and evaluation. Provide the evaluations and assessments required by
the federal Individuals with Disabilities Education Act, 20 United States Code, Section
1400 et seq., as amended, to plan and implement a special education program for children
with disabilities at least 3 years of age and under 20 22 years of age within its jurisdiction;
Sec. 4. 20-A MRSA §7258, sub-§1, as enacted by PL 1997, c. 345, §1, is amended
to read:
1. Attendance at pupil evaluation individualized education program team
meetings. Annually, representatives from appropriate state service agencies, as determined
by the pupil evaluation individualized education program team of the school administrative
unit, and in accordance with special education rules, shall designate a transition contact
person to participate in transition planning for students with disabilities. The transition
contact person shall attend pupil evaluation individualized education program team
meetings or provide relevant information to the pupil evaluation individualized education
program team for transition planning purposes. This requirement applies to students with
disabilities who have attained 16 years of age, or 14 years of age when determined by the
pupil evaluation individualized education program team to be appropriate.
Sec. 5. 20-A MRSA §7258, sub-§1-A, as amended by PL 2011, c. 542, Pt. A, §22,
is further amended to read:
1-A. Care manager. Within 2 years before the date that a student with an intellectual
disability, serious emotional disturbance or other developmental disabilities will graduate
or finish school, the Department of Health and Human Services, in consultation with the
pupil evaluation individualized education program team of the school administrative unit,
shall designate a case manager to participate in transition planning for that student. The
case manager shall convene an adult services transition team, ensure interagency
coordination and access to adult services, serve as a single contact person for the student
transitioning into the adult services and attend pupil evaluation individualized education
program team meetings or provide relevant information to the pupil evaluation
individualized education program team for transition planning purposes.
Sec. 6. 20-A MRSA §8305-A, sub-§3, as amended by PL 2011, c. 679, §8, is
further amended to read:
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 3. Adult participation in career and technical education courses. Persons A person
who is continuing the person's educational placement until the person attains 22 years of
age and who is enrolled in a special education program has the right to participate in career
and technical education courses. A person who are 20 is 22 years of age or older or who
have has graduated from a secondary school and who otherwise comply complies with the
requirements of this section may receive career and technical education in a career and
technical education course if, after all other eligible persons have been enrolled in that
course, space exists to accommodate participation by persons who are 20 years of age or
older or who have graduated from a secondary school that person. A region, center or
satellite program may charge reasonable fees to persons a person who receive receives
career and technical education pursuant to this subsection.
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Statutes affected:
Bill Text LD 98, HP 66: 20-A.7001, 20-A.7201, 20-A.7202, 20-A.7258, 20-A.8305
Bill Text ACTPUB , Chapter 450: 20-A.7001, 20-A.7201, 20-A.7202, 20-A.7258, 20-A.8305