Legislative Document No. 136 H.P. 118 House of Representatives, January 17, 2019
An Act To Establish a Special Education Circuit Breaker Reimbursement Program
Reference to the Committee on Education and Cultural Affairs suggested and ordered printed.
ROBERT B. HUNT Clerk
Presented by Representative RUDNICKI of Fairfield. Cosponsored by Representatives: ARATA of New Gloucester, BRADSTREET of Vassalboro, GRIFFIN of Levant, WHITE of Waterville.
Printed on recycled paper 1 Be it enacted by the People of the State of Maine as follows:
2 Sec. 1. 20-A MRSA §15689, sub-§16 is enacted to read: 3 16. Special education circuit breaker reimbursement program. The special 4 education circuit breaker reimbursement program is established. Beginning in fiscal year 5 2019-20 and in each subsequent year, the department shall in accordance with this 6 subsection reimburse school administrative units, for a student whose eligible special 7 education costs exceed 4 times the statewide EPS per-pupil rate, 75% of the amount of 8 the special education costs that are above 4 times the statewide EPS per-pupil rate. 9 A. For purposes of this subsection, "special education costs" include only those costs 10 directly attributable to providing the special education services in a student's 11 individual education plan and do not include transportation costs. 12 B. To be eligible for reimbursement under this program, a school administrative unit 13 must: 14 (1) Include an estimate of a student's special education costs that the school 15 administrative unit expects to be eligible for reimbursement under this program 16 in the school administrative unit's school budget document prepared pursuant to 17 section 15693; 18 (2) Annually report special education costs eligible for reimbursement under this 19 subsection to the department for each eligible student on forms provided by the 20 department; and 21 (3) Notify the department within 30 days of any change in previously approved 22 special education costs, including but not limited to any changes in a student's 23 enrollment status or individual education plan. 24 C. The department shall distribute reimbursements on a quarterly basis. 25 D. Funds received by a school administrative unit pursuant to this subsection must be 26 deposited in a separate revolving account and may be spent only on eligible special 27 education costs. 28 E. The department may not reimburse a school administrative unit for a student's 29 special education costs for which a school administrative unit has otherwise received 30 or expects to receive payment under this chapter, including but not limited to 31 payment received pursuant to section 15689-A.
32 SUMMARY 33 This bill establishes the special education circuit breaker reimbursement program, in 34 which the Department of Education reimburses school administrative units, for a student 35 whose eligible special education costs exceed 4 times the statewide EPS per-pupil rate, 36 75% of the amount of the special education costs that are above 4 times the statewide 37 EPS per-pupil rate. The bill requires the department to distribute reimbursements to 38 eligible school administrative units on a quarterly basis, and the reimbursements must be
Page 1 - 129LR0721(01)-1 1 deposited in a separate revolving account that may be spent only on approved special 2 education services.
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