1. Free, appropriate public education responsibility. The school administrative unit is responsible for providing a free, appropriate public education pursuant to chapter 301 and Part B of the federal Individuals with Disabilities Education Act, Public Law 91?230, for deaf and hard-of-hearing students at that school administrative unit receiving services delivered by the center. When a student attends a site-based program, the student’s sending school is responsible for providing a free, appropriate public education as required under Part B of the federal Individuals with Disabilities Education Act, Public Law 91-230.

[PL 2021, c. 646, §8 (NEW).]

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Terms Used In Maine Revised Statutes Title 20-A Sec. 7405-D

  • board: means the Board of the Maine Educational Center for the Deaf and Hard of Hearing and the Governor Baxter School for the Deaf. See Maine Revised Statutes Title 20-A Sec. 7402
  • Center: means the Maine Educational Center for the Deaf and Hard of Hearing and the Governor Baxter School for the Deaf established under section 7401 that is responsible for operating the Mackworth Island preschool, early intervention services and statewide education and family services. See Maine Revised Statutes Title 20-A Sec. 7402
  • Department: means the Department of Education. See Maine Revised Statutes Title 20-A Sec. 1
  • Host school: means the school administrative unit at which a site-based program is located. See Maine Revised Statutes Title 20-A Sec. 7402
  • Mackworth Island preschool: means the preschool program located at Mackworth Island and operated by the Maine Educational Center for the Deaf and Hard of Hearing and the Governor Baxter School for the Deaf. See Maine Revised Statutes Title 20-A Sec. 7402
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • Related services: means special education transportation and such developmental, corrective and other related services, as defined by the commissioner, as are required to assist children with disabilities to benefit from their special education programs. See Maine Revised Statutes Title 20-A Sec. 7001
  • Room and board: means food and residence provided to a student. See Maine Revised Statutes Title 20-A Sec. 7402
  • School administrative unit: means the state-approved unit of school administration and includes a municipal school unit, school administrative district, community school district, regional school unit or any other municipal or quasi-municipal corporation responsible for operating or constructing public schools, except that it does not include a career and technical education region. See Maine Revised Statutes Title 20-A Sec. 1
  • Sending school: means any school administrative unit that has a student in attendance at the Mackworth Island preschool or a site-based program. See Maine Revised Statutes Title 20-A Sec. 7402
  • Site-based program: means an inclusive deaf education classroom or classrooms embedded in a general education setting, operating through a memorandum of understanding between the center and a host school. See Maine Revised Statutes Title 20-A Sec. 7402
  • Special education: means specially designed instruction, at no cost to parents, to meet the unique needs of children with disabilities, as defined by the commissioner, including:
A. See Maine Revised Statutes Title 20-A Sec. 7001
  • Statewide education and family services: means educational outreach services, resources and information that are provided by staff employed through the center to children who are deaf or hard of hearing, from 3 through 22 years of age, their families and schools throughout the State, including students at site-based programs. See Maine Revised Statutes Title 20-A Sec. 7402
  • Year: means a calendar year, unless otherwise expressed. See Maine Revised Statutes Title 1 Sec. 72
  • 2. Responsibility for statewide education and family services. Responsibility for providing statewide education and family services pursuant to Part B of the federal Individuals with Disabilities Education Act, Public Law 91-230, is as follows:
    A. The center is responsible for:

    (1) Any specially designed instruction. The center shall ensure staffing to support a child’s individualized education program services;
    (2) Any speech-language services. The center shall ensure staffing for speech-language consultation services;
    (3) Any consultation services, including but not limited to consultations with teachers of deaf students, speech-language pathologists, special education providers, American Sign Language specialists, interpreters and social workers;
    (4) Parent training and counseling in American Sign Language and cued language;
    (5) Evaluations in speech language, functional listening and American Sign Language;
    (6) Statewide coordination of hearing assistive technology;
    (7) Statewide coordination of American Sign Language interpreting services and cued speech transliteration services;
    (8) Statewide social-emotional programming; and
    (9) Behavioral analysis provided by or performed under the supervision of a person certified by a national board of behavior analysts; and [PL 2021, c. 646, §8 (NEW).]
    B. The sending school is responsible for:

    (1) American Sign Language interpreting services and cued speech transliteration services in the sending school’s district for students; and
    (2) Transportation to and from extracurricular events hosted by the center. [PL 2021, c. 646, §8 (NEW).]

    [PL 2021, c. 646, §8 (NEW).]

    3. Responsibility for services at site-based programs; center. The center is responsible for providing the following services at site-based programs that are specific to deaf and hard-of-hearing students:
    A. The costs of transportation and other related services as defined by section 7001, subsection 4?B, including the following related services:

    (1) Speech-language therapy, including listening and spoken-language services;
    (2) Audiology services in conjunction with the student’s managing audiologist;
    (3) Occupational therapy;
    (4) Transportation for students attending site-based programs from towns other than the host school towns;
    (5) American Sign Language interpreting services for educational programming;
    (6) Extended school year services;
    (7) Evaluation for the following:

    (a) Occupational therapy services;
    (b) Speech-language therapy;
    (c) American Sign Language services;
    (d) Psychoeducational services;
    (e) Academic achievement services; and
    (f) Functional listening services;

    (8) Observations in the learning environment;
    (9) Behavioral support services and planning, including functional behavioral evaluations and behavior intervention plans;
    (10) Specially designed instruction;
    (11) Social work services;
    (12) Behavioral analysis provided by or performed under the supervision of a person certified by a national board of behavior analysts;
    (13) Cued speech transliteration services for educational programming;
    (14) Transition planning;
    (15) Remote hearing technology services designed for educational use;
    (16) Acoustic consultation, including measurement of unoccupied classroom noise levels and observation of the environment, in order to make recommendations for acoustically appropriate treatment;
    (17) Educational technician services in general education classes;
    (18) Social-emotional programming; and
    (19) Boarding for high school students.

    The center shall pay the room and board costs for each student who is eligible for room and board and placed in a high school site-based program through funds appropriated by the State. [PL 2021, c. 646, §8 (NEW).]

    [PL 2021, c. 646, §8 (NEW).]

    4. Responsibility for services at site-based programs; sending school. The sending school is responsible for providing any special education or related services not listed in subsection 3, paragraph A necessary for the provision of a free and appropriate education at a site-based program, including but not limited to:
    A. Physical therapy and physical therapy evaluations; and [PL 2021, c. 646, §8 (NEW).]
    B. Extracurricular activities, including but not limited to fees, interpreting services and transportation costs when no accommodations are listed on the individualized education program for that student. [PL 2021, c. 646, §8 (NEW).]
    Beginning in the 2022-2023 school year, the costs of related services not listed in this subsection are the responsibility of the sending school.

    [PL 2021, c. 646, §8 (NEW).]

    5. State and federal educational services requirements. The Mackworth Island preschool, statewide education and family services and site-based programs must comply with all standards for state public schools and must comply with all federal and state laws and department rules for the provision of educational services to children with disabilities.

    [PL 2021, c. 646, §8 (NEW).]

    SECTION HISTORY

    PL 2021, c. 646, §8 (NEW).