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.

Sec. 5. 20-A MRSA §7727, sub-§5, ¶¶B and C, as renumbered by PL 2001, c. 471, Pt. C, §4 and affected by §10, are amended to read:

B. That preschool children with disabilities, from age 3 to under age 6, including those children who reach 5 years of age between September 1st and October 15th who are already receiving free, appropriate public education services through the Child Development Services System and whose parents choose, in accordance with rules adopted by the commissioner, not to enroll those children in kindergarten until the start of the following school year, have free, appropriate public education services available to them at no cost to the family;

C. That rules are developed, adopted and implemented describing minimum standards for the following:

(1) Least restrictive environment;

(2) Nondiscrimination;

(3) Rights of parents, including, beginning in school year 2004-2005, the right to choose to not enroll in kindergarten until the start of the following school year a child with disabilities who is already receiving free, appropriate public education services through the Child Development Services System and who will reach 5 years of age between September 1st and October 15th;