Sec. 1. 20-A MRSA §7001, sub-§2, as amended by PL 2003, c. 477, §6, is further amended by adding a new paragraph at the end to read:

Notwithstanding paragraph A, "exceptional student" does not include a child who reaches 5 years of age between September 1st and October 15th who is already receiving free, appropriate public education services through the Child Development Services System and whose parent chooses, in accordance with rules adopted by the commissioner, not to enroll the child in kindergarten until the start of the following school year.

Sec. 2. 20-A MRSA §7001, sub-§4, ¶B-1 is enacted to read:

B-1.__Notwithstanding paragraph B, has reached 5 years of age between September 1st and October 15th, is already receiving free, appropriate public education services through the Child Development Services System and whose parent chooses, in accordance with rules adopted by the commissioner, not to enroll the child in kindergarten until the start of the following school year.

Sec. 3. 20-A MRSA §7725, sub-§1, as amended by PL 1993, c. 625, §3, is further amended to read:

1. Child Development Services System. "Child Development Services System," or "CDS," means regional sites, or their successor sites, a state-level intermediate educational unit, or its successor, and the Interdepartmental Coordinating Council for Early Intervention, or its successor, established to ensure the provision of childfind activities, early intervention services and free, appropriate and public education services to eligible children.

Sec. 4. 20-A MRSA §7727, sub-§3, as amended by PL 2001, c. 510, §1, is further amended to read:

3. Rule-making authority. The commissioner may adopt rules necessary to implement this chapter in accordance with the Maine Administrative Procedure Act. Rules adopted pursuant to this chapter that establish and maintain a statewide network that ensures the provisions of Childfind childfind for families and children from birth to 5 years of age under 6 years of age and rules governing the eligibility for and delivery of free, appropriate public education services to children with disabilities from birth to 5 years of age under 6 years of age and their families are major substantive rules as defined in Title 5, chapter 375, subchapter II-A 2-A.