PUBLIC Law Chapter 676

	Sec. 7. Department of Education emergency rules; state and federal funding to provide
free, appropriate public education services for eligible children of kindergarten age. The
Department of Education shall engage in emergency rulemaking
under the Maine Administrative Procedure Act in order to
implement the continued provision of free, appropriate public
education services authorized in this Act on or before August 6,
2004. Emergency rules must also include provisions regarding the
continued payment and apportionment of state funds provided for
free, appropriate public education services for eligible
children, including the state and federal MaineCare payment for
providing free, appropriate public education services to any
child who is already receiving these services through the Child
Development Services System or its successor system, and whose
parent chooses not to enroll the child in kindergarten until the
start of the 2005-2006 school year. For the purposes of this
section, "free, appropriate public education services" means
those services as described under the Maine Revised Statutes,
Title 20-A, section 7725, subsection 5, and it is the intent of
the Legislature that such services must continue to be provided
to eligible children at no cost to the family. The Department of
Education shall take steps to request and obtain any federal
approval necessary to amend the State's plan for meeting
requirements of the federal Individuals with Disabilities
Education Act, 20 United States Code, Section 1400, et seq. for
the state fiscal year 2004-05.

Sec. 8. Department of Human Services emergency rules; MaineCare reimbursement for
free, appropriate public education services for eligible children of kindergarten age. The
Department of Human Services shall engage in emergency rulemaking
under the Maine Administrative Procedure Act in order to
implement the continued payment and apportionment of state and
federal MaineCare funds authorized in this Act on or before
August 6, 2004. The Department of Human Services shall obtain
any federal approval necessary to amend the state plan for the
utilization of state and federal Medicaid funds for the state
fiscal year 2004-05.

Sec. 9. Emergency major substantive rules; effective dates. The major
substantive rules adopted pursuant to this Act must be presented
by the Department of Education and the Department of Human
Services for legislative review in the First Regular Session of
the 122nd Legislature, except that the Commissioner of Education
and the Commissioner of Human Services may adopt emergency rules
pursuant to the Maine Revised Statutes, Title 5, section 8073 for
fiscal year 2004-05. Notwithstanding Title 5, section 8073 the
emergency rules adopted in accordance with section 8 and this
section may be effective until the

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