Revised: 04/05/24
LD 345 LR 719(02)
FY 2023-24 FY 2024-25
Projections
FY 2025-26
Projections
FY 2026-27
Net Cost (Savings)
General Fund $0 $10,000,000 $10,000,000 $10,000,000
Appropriations/Allocations
General Fund $0 $10,000,000 $10,000,000 $10,000,000
State Mandates
Unit Affected Local Cost
School Significant
statewide
Fiscal Detail and Notes
This bill transfers the responsibility for child find activities and FAPE for children ages 3 through 5 who are eligible
for services under the Individuals with Disabilities Act, Part B, Section 619 from the State to local school
administrative units (SAUs) effective July 1, 2028. The bill requires the Department of Education to implement a
funding formula, separate from the Essential Program and Services model, to fully fund the cost for SAUs to assume
the responsibility for FAPE and child find activities. The cost to the State to fund 100% of the cost to SAUs once the
transition is complete in July of 2028 cannot be estimated at this time but will be significant.
131st MAINE LEGISLATURE
Potential State Mandate - Commitment to future funding
Required Activity
Requires local school administrative units to assume responsibility for child find
activities and for ensuring a free appropriate public education (FAPE) for children
ages 3 through 5 who are eligible for services under the Individuals with Disabilities
Act, Part B, Section 619 beginning July 1, 2028.
The required local activities in this bill may represent a state mandate pursuant to the Constitution of Maine. If the bill
does require a local unit of government to expand or modify its activities so as to necessitate additional expenditures
from local revenue, the state mandate provisions of the Constitution of Maine require either: (1) General Fund
appropriations be provided to fund at least 90% of any additional necessitated local costs of the mandate; or (2) a
Mandate Preamble be added to the bill and two-thirds of the members of each House vote to exempt the mandate from
the funding requirement. If the bill does represent a state mandate and neither one of these actions occurs, the local
units of government will not be required to implement the mandated activities.
An Act Regarding Educational Policies and Programs
Fiscal Note for Bill as Amended by Committee Amendment " "
Committee: Education and Cultural Affairs
Fiscal Note Required: Yes
Fiscal Note
LR0719(02) - Fiscal Note - Page 1 of 2 Additional costs to the Department of Education and the Maine Public Employees Retirement System to develop and
disseminate guidance for SAUs, child development services and child development services employees regarding the
capacity of SAUs to participate in the Participating Local District (PLD) Consolidated Retirement Plan and the
potential impacts on Social Security benefits of the teacher plan or the PLD plan for potential SAU employees can be
absorbed within existing budgeted resources. Additional costs to the Department of Education to convene the
required workgroup and to review the legislative reporting requirements related to the child development services
system can be absorbed within existing budgeted resources.
This bill also includes ongoing General Fund appropriations of $1,000,000 per year beginning in fiscal year 2024-25
to a newly created Early Childhood Special Education Pathways Project program within the department for one
Education Specialist III position and related All Other funding to manage and support the pathways project
established as an accelerated graduate program to support teachers in obtaining a master's degree and to provide
reimbursement for coursework and support in obtaining an endorsement on a teacher certificate for teachers of
children with disabilities for children from birth to 5 years of age.
Until the transition is completed, SAU's may assume this responsibility on a voluntary basis if approved by the
Commissioner of Education. The Department of Education will provide those approved SAU's with professional
learning opportunities and funding to support the costs of child find activities and providing FAPE for these children.
This bill includes ongoing General Fund appropriations of $9,000,000 per year beginning in fiscal year 2024-25 to a
newly established Preschool Special Education program within the department to fund up to 900 children statewide
that approved SAUs may oversee during the transition period.
LR0719(02) - Fiscal Note - Page 2 of 2