Public Laws

124th Legislature

Second Regular Session



Chapter 508

S.P. 588 - L.D. 1532

An Act To Align Education Laws with Certain Federal Laws

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 20-A MRSA 5205, sub-3-A is enacted to read:

3-A. Students placed by the Department of Health and Human Services. Notwithstanding subsection 3, a student who is placed by the Department of Health and Human Services with an adult who is not the child's parent or legal guardian in accordance with the educational stability provisions of the federal Fostering Connections to Success and Increasing Adoptions Act of 2008, Public Law 110351, 122 Stat. 3949 is considered a resident of either the school administrative unit where the student resides during the placement or the school administrative unit where the student resided prior to the placement based on the best interest of the student. The Department of Health and Human Services, in consultation with the department and the school administrative units, shall determine which of the 2 units is appropriate and notify that unit in writing of its determination. The school administrative unit that provides public education for the student shall count the student as a resident student for subsidy purposes.

Sec. 2. 20-A MRSA 6004, sub-2, B, as enacted by PL 1981, c. 693, 5 and 8, is amended to read:

B. Students who attend school under section 5205, subsections 2, 3A, 4, 5 and 6 , shall must be counted in the school administrative unit in which they attend school.

Sec. 3. 20-A MRSA 7201, sub-5, as corrected by RR 2005, c. 2, 13, is amended to read:

5.Accessible instructional materials; visual impairment including blindness; Braille instruction. All students must have access to accessible instructional materials and may receive instruction in Braille reading and writing as part of their individualized family service plans or individualized education programs. A student may not be denied the opportunity of instruction in Braille reading and writing solely because the student has some remaining vision. If Braille is not provided to a child who is blind, the reason for not incorporating Braille in the individualized family service plan or individualized education program must be documented in the individualized family service plan or individualized education program. Accessible instructional materials and provisions for the accessibility of online learning programs for individuals with disabilities must be in alignment with the accessible instructional materials provisions of the federal Individuals with Disabilities Education Improvement Act of 2004, Public Law 108-446, 118 Stat. 2647 and in alignment with the universal design provisions of the 1998 amendments to the federal Higher Education Act of 1965, 20 United States Code, Chapter 28 contained in the federal Higher Education Amendments of 1998, Public Law 105-244, 112 Stat. 1581.

Sec. 4. 20-A MRSA 7205, as amended by PL 1987, c. 395, Pt. A, 72, is further amended to read:

7205. Review and assistance

It is the intent of the Legislature that a representative of the commissioner visit each special education program at least once every 5 years programs for the purpose of review and assistance and as necessary to comply with federal general supervision requirements. Nothing in this section prohibits a school administrative unit from requesting that a representative of the commissioner visit a particular special education program for the purpose of review and assistance whenever necessary. The commissioner shall comply with each request in a timely fashion.

Effective July 12, 2010

Office of the Revisor of Statutes
State House, Room 108
Augusta, ME 04333