LD 1960
pg. 7
Page 6 of 8 An Act Regarding the Continued Provision of Free and Appropriate Public Educati... Page 8 of 8
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LR 2872
Item 1

 
between September 1st and October 15th continues to be eligible for
those services should the child's parents decide not to enroll the
child in kindergarten until the child reaches 6 years of age. To
accomplish this purpose, the bill proposes the following.

 
1. It amends provisions regarding exceptional students and
preschool handicapped children to establish the eligibility of a
child who is already receiving free, appropriate public education
services through the Child Development Services System and who
reaches 5 years of age between September 1st and October 15th to
continue to receive such services when the child's parent
chooses, in accordance with rules adopted by the Commissioner of
Education, not to enroll the child in kindergarten until the
start of the following school year.

 
2. It clarifies that the modification to the eligibility
criteria for certain children to continue to receive free,
appropriate public education services through the Child
Development Services System meets the requirements under the
federal Individuals with Disabilities Education Act, 20 United
States Code, Section 1400, et seq.

 
3. It directs the Commissioner of Education to determine the
adjustment to the statewide adjustment factor under the Maine
Revised Statutes, Title 20-A, section 15654, subsection 1,
paragraph B necessary for the amount of state funds that are
deappropriated from the General Purpose Aid for Local Schools
account in fiscal year 2004-05 to reflect the savings
attributable to the delayed entry of eligible 5-year-olds into
kindergarten for the 2004-05 school year.

 
4. It directs the Department of Education to adopt emergency
rules regarding the provision of free, appropriate public
education services through the Child Development Services System
to children who continue to be eligible to receive those services
for the state fiscal year 2004-05.

 
5. It directs the Department of Human Services to adopt
emergency rules regarding the payment and apportionment of state
and federal MaineCare funds to ensure the reimbursement for
services to children who continue to be eligible for those
services through the Child Development Services System for the
state fiscal year 2004-05.

 
6. It provides that the Commissioner of Education and the
Commissioner of Human Services adopt major substantive rules to
implement this Act and that provisionally adopted rules be


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