CHAPTER 326
S.P. 377 - L.D. 1236
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 20-A MRSA §1, sub-§34-A, as amended by PL 1995, c. 569, §1, is further amended to read:
34-A. State agency client. "State agency client" means a child of eligible school age who is:
A. In the care or custody, or both, of the Department of Human Services, or the Department of Mental Health, Mental Retardation and Substance Abuse Services or the Department of Corrections;
B. Placed, with the recommendation of a Division of Mental Retardation case manager or an employee of the Bureau of Children with Special Needs, Department of Mental Health, Mental Retardation and Substance Abuse Services by a caseworker from the Department of Human Services or an authorized agent of Children's Services, Department of Mental Health, Mental Retardation and Substance Abuse Services for reasons other than educational reasons, with a person who is not the child's parent, legal guardian or relative;
C. On entrustment or absent-with-leave status from the Maine Youth Center; or
D. Attending a public or private school while still a resident of a state-operated institution.; or
E. In the custody or under the supervision of the Department of Corrections, including, but not limited to, a juvenile on conditional release, an informally adjusted juvenile, a probationer or a juvenile on aftercare status from the Maine Youth Center and who is placed, for reasons other than educational reasons, pursuant to a court order or with the agreement of an authorized agent of the Department of Corrections, outside the juvenile's home.
Notwithstanding paragraphs A to D E, a "state agency client" may in addition be either a child who is under 3 years of age and has a diagnosed, established condition or a biological factor that has a high probability of resulting in developmental delay or a child who is under 6 years of age and in need of early intervention of special education services due to a delay in one or more of the following areas: cognitive development; physical development, including vision and hearing; communication development; social or emotional development; and adaptive development.
Sec. 2. 20-A MRSA §5205, sub-§3, as enacted by PL 1981, c. 693, §§5 and 8, is amended to read:
3. Students placed by state agencies. A student who is placed by a state agency, child placement agency or parent in a nonfamily foster home in a residential placement other than a residential treatment center, as defined in section 1, subsection 24-A, paragraph D, subparagraph 3, shall be is considered a resident of the school administrative unit where the foster home residential placement is located, if:.
A. The state agency, child placement agency or parent proves to the school administrative unit's satisfaction that the costs of educating that student will be paid to the school administrative unit in the year they are incurred; and
B. The school administrative unit has agreed to accept tuition students under this Title.
Sec. 3. 20-A MRSA §15604, sub-§1, ¶C, as enacted by PL 1983, c. 859, Pt. G, §§2 and 4, is amended to read:
C. Special education tuition and board, excluding medical costs, defined as follows:
(1) Tuition and board for pupils placed by school administrative units;
(2) Tuition and board for pupils placed directly by the State in accordance with rules adopted or amended by the commissioner;
(3) Special education tuition and other tuition for institutional residents of state-operated institutions attending programs in school administrative units or private schools in accordance with rules adopted or amended by the commissioner; and
(4) Adjustments under section 15612, subsection 6;
Sec. 4. 20-A MRSA §15607, sub-§9, ¶B, as amended by PL 1989, c. 875, Pt. E, §28, is further amended to read:
B. Special educational tuition and other tuition for residents of state-operated institutions attending programs in school administrative units or private schools in accordance with rules adopted or amended by the commissioner.
Sec. 5. 20-A MRSA §15613, sub-§6, as enacted by PL 1983, c. 859, Pt. G, §§2 and 4, is amended to read:
6. Education of institutional residents. The commissioner may pay tuition to school administrative units or private schools for institutional residents within the limits of the appropriation made under section 15607, subsection 12.
Effective September 19, 1997, unless otherwise indicated.
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