Information on certain provisions of LD 1576

LD 1576, an Act To Amend Certain Education Laws went into effect as Public Law 2015, Chapter 448.

Among the provisions of the law are changes that affect students who may have no school in which to enroll. The law directs the Commissioner of Education to designate a receiving school administrative unit (SAU) to enroll a student who resides in a SAU that neither maintains a school nor contracts with another SAU. The law contains a provision allowing the superintendent of the residing SAU or the superintendent of the receiving SAU, if dissatisfied with the Commissioner’s decision, within ten calendar days of the Commissioner’s decision, to request that the State Board of Education review the transfer. The State Board may approve or disapprove the Commissioner’s designation within 45 calendar days of receiving the request and shall provide a written decision which is final.

The law also provides that if a student under this section is receiving special education services, the state subsidy of special education costs for the transferred student may not be reduced as a result of the transfer.  For other provisions related to funding for students with disabilities, please refer to the law here.

LD 1576 also requires a resident SAU to pay to the receiving SAU tuition and other costs directly related to the student’s special education program, and costs associated with due process proceedings.

The law also provides that, when the Department of Health and Human Services (DHHS) places a state ward in an out-of-state residential treatment center, the Department of Education Commissioner may designate the Maine DOE as having responsibility for oversight of the child’s individualized education program to ensure that child receives a free, appropriate public education.

If you have questions about these provisions of law, please contact Debra Plowman, Maine DOE’s Director of Policies and Programs, at debra.plowman@maine.gov or 624-6620.