CHAPTER 279
H.P. 691 - L.D. 981
An Act To Add an Organizational Name to the Governor Baxter School for the Deaf
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 5 MRSA §285, sub-§1, ¶A-1, as enacted by PL 2001, c. 239, §1 and affected by §5, is amended to read:
A-1. Any employee of the Maine Educational Center for the Deaf and Hard of Hearing and the Governor Baxter School for the Deaf, unless a different health program is established by collective bargaining agreement or otherwise consistent with applicable law;
Sec. 2. 5 MRSA §931, sub-§1, ¶H, as amended by PL 1989, c. 443, §7 and PL 2003, c. 20, Pt. OO, §2 and affected by §4, is further amended to read:
H. Officers and employees of the unorganized territory school system; the teachers, administrators and professional employees of the state community colleges and the Maine Educational Center for the Deaf and Hard of Hearing and the Governor Baxter School for the Deaf; and the teachers, administrators and professional employees of school systems in other state institutions;
Sec. 3. 5 MRSA §17001, sub-§40, as repealed and replaced by PL 2003, c. 688, Pt. A, §4, is amended to read:
40. State employee. "State employee" means any regular classified or unclassified officer or employee in a department, any employee of the Maine Community College System except those who make the election provided under Title 20-A, section 12722, any employee of the Maine Educational Center for the Deaf and Hard of Hearing and the Governor Baxter School for the Deaf except as provided in Title 20-A, section 7407, subsection 3-A, any employee of the Maine Military Authority, any employee of the Northern New England Passenger Rail Authority and any employee transferred from the Division of Higher Education Services to the Finance Authority of Maine who elects to be treated as a state employee, but does not include:
A. A judge, as defined in Title 4, section 1201 or 1301, who is now or later may be entitled to retirement benefits under Title 4, chapter 27 or 29;
B. A member of the State Police who is now entitled to retirement benefits under Title 25, chapter 195; or
C. A Legislator who is now or later may be entitled to retirement benefits under Title 3, chapter 29.
Sec. 4. 5 MRSA §19508, as enacted by PL 1989, c. 837, §1, is amended to read:
§19508. Application to residents in children's homes
This chapter also applies to exceptional students in children's homes, emergency shelters, family foster homes, specialized children's homes and residential child care facilities, as defined in Title 22, section 8101, and to other residential educational facilities, including the Maine Educational Center for the Deaf and Hard of Hearing and the Governor Baxter School for the Deaf and other similar facilities.
Sec. 5. 20-A MRSA c. 304, as amended, is further amended by repealing the chapter headnote and enacting the following in its place:
CHAPTER 304
MAINE EDUCATIONAL CENTER FOR THE DEAF AND HARD OF HEARING AND THE GOVERNOR BAXTER SCHOOL
FOR THE DEAF
Sec. 6. 20-A MRSA §7401, as amended by PL 1999, c. 775, §1, is further amended to read:
The Maine Educational Center for the Deaf and Hard of Hearing and the Governor Baxter School for the Deaf is established as a public school pursuant to this chapter for the purpose of educating deaf and hard-of-hearing students. The school is a body politic and corporate and is an instrumentality and agency of the State. The exercise by the school of the powers conferred by this chapter is the performance of an essential public function by and on behalf of the State.
Sec. 7. 20-A MRSA §7402, as amended by PL 1999, c. 775, §3, is further amended to read:
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.
1. School. "School" means the Maine Educational Center for the Deaf and Hard of Hearing and the Governor Baxter School for the Deaf established under this chapter, including the center school located at Mackworth Island known as the Governor Baxter School for the Deaf and any satellite school within the State that may be operated under a contracted services agreement.
2. School board. "School board" means the School Board of the Maine Educational Center for the Deaf and Hard of Hearing and the Governor Baxter School for the Deaf.
3. Sending school. "Sending school" means any school administrative unit that has a student in attendance at the Governor Baxter School for the Deaf center school or at a satellite school.
4. Superintendent. "Superintendent" means the Superintendent of the Maine Educational Center for the Deaf and Hard of Hearing and the Governor Baxter School for the Deaf.
5. Center school. "Center school" means the kindergarten to grade 12 day and residential programs established and operated by the Maine Educational Center for the Deaf and Hard of Hearing and the Governor Baxter School for the Deaf at the Governor Baxter School for the Deaf located at Mackworth Island, including the residential program, day school program, statewide consultation and outreach programs, parent-infant program, preschool program, communication garden program, distance education program and community education program.
6. Satellite school. "Satellite school" means the programs, including a residential program, day school programs, early childhood programs and outreach programs, that are located near the population centers of deaf and hard-of-hearing students within the State established by the School Board of the Maine Educational Center for the Deaf and Hard of Hearing and the Governor Baxter School for the Deaf.
7. Statewide educational services or outreach. "Statewide educational services" or "outreach" means consultation services provided to families of children from birth to 5 years of age who are deaf or hard-of-hearing students, consulting services to school administrative units that serve school-age deaf or hard-of-hearing children and services provided through the parent-infant-toddler program, the preschool program and the communication garden program provided at the center school.
8. Statewide resource center. "Statewide resource center" means the information and referral services provided by the library at the center school and the distance education program and the community education program offered at the center school.
Sec. 8. 20-A MRSA §7406, first ¶, as enacted by PL 1995, c. 676, §5, is amended to read:
The School Board of the Maine Educational Center for the Deaf and Hard of Hearing and the Governor Baxter School for the Deaf is established as the policy-making authority and the governing body of the school.
Sec. 9. 20-A MRSA §7407, sub-§4-A, as amended by PL 1999, c. 790, Pt. L, §1 and affected by §2, is further amended to read:
4-A. Budget development. The school board shall, with the aid of the superintendent and staff, prepare an annual budget for the operation of the school and exercise budgetary responsibility. The school board shall allocate for expenditure by the school and programs under its jurisdiction all the resources available for the operation of the school and its programs. Annually, not later than January 1st, beginning for fiscal year 2001-02, in addition to complying with the provisions of Title 5, sections 1665 and 1666, the school board shall present the administrative operating budget for the Maine Educational Center for the Deaf and Hard of Hearing and the Governor Baxter School for the Deaf to the Governor and the Legislature for review by the joint standing committee of the Legislature having jurisdiction over education matters. The administrative operating budget must be presented as a line-item budget for each of the programs under its jurisdiction. A liability or obligation may not be incurred under this chapter beyond the amount approved in the administrative operating budget. The school board may make expenditures only in accordance with allocations approved by the Legislature. Any balance of an allocation or subdivision of an allocation made by the Legislature for the school that at the time is not required for the purpose named in the allocation or subdivision may be transferred prior to the closing of the books for the fiscal year to any other allocation or subdivision of any allocation made by the Legislature for the use of the school for the same fiscal year. The transfer is subject to review by the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs. Financial statements describing the transfer must be submitted by the school board to the Office of Fiscal and Program Review 30 days before the transfer is implemented. In case of extraordinary emergency transfers, the 30-day prior submission requirement may be waived by vote of the committee. These financial statements must include information specifying the accounts that are affected, the amounts to be transferred, a description of the transfer and a detailed explanation of the reason the transfer is needed. The school board shall also provide an annual justification for the finances and operations of the programs under the jurisdiction of the school to the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs and the joint standing committee of the Legislature having jurisdiction over education matters. The justification for the finances and operations of the school must be presented as a line-item budget for each of the programs under its jurisdiction.
Sec. 10. 20-A MRSA §7407, sub-§17, as amended by PL 1999, c. 775, §11, is further amended to read:
17. School programs. The school board may create, maintain and expand center school programs and programs for children and families that may be served by the school at any satellite school, through statewide educational services and through the statewide resource center. For the 2000-01 and 2001-02 school years only, the residential program at the Governor Baxter School for the Deaf located on Mackworth Island is limited to enrolling up to 20 students who are deaf or hard-of-hearing. The superintendent may request that the commissioner approve a waiver of the residential enrollment limit and establish additional placements for students in the residential program at the Governor Baxter School for the Deaf located on Mackworth Island; the commissioner may approve those placements on a case-by-case basis and only if the individual education plan of the prospective student who is deaf or hard-of-hearing requires placement in a residential program. Beginning with the 2002-03 school year, the school board shall establish a satellite school program that offers an array of educational programs that provide students who are deaf or hard-of-hearing with geographically convenient access to placement options that may be required by their individualized education program.
Sec. 11. 20-A MRSA §7412, as amended by PL 2001, c. 439, Pt. T, §§6 and 7, is further amended to read:
§7412. Maine Educational Center for the Deaf and Hard of Hearing and the Governor Baxter School for the Deaf Student Trust Fund established
1. Fund established. Notwithstanding the provisions of Title 5, section 135-A, the Maine Educational Center for the Deaf and Hard of Hearing and the Governor Baxter School for the Deaf Student Trust Fund, referred to in this section as the "fund," is established.
2. Investment of funds. The money in the fund may be invested by the Treasurer of State with the assistance of one or more fiduciaries or registered investment advisors. The duties and expenses of the fiduciaries or registered investment advisors must be handled in a manner consistent with Title 5, section 17108, subsections 2 and 3. All earnings must be credited to the fund.
3. Nonlapsing fund; transfer to General Fund. Until July 1, 2007, any unexpended funds remaining in the fund may not lapse but must be carried forward for the benefit of the fund. On July 1, 2007, any unexpended funds remaining in the fund must be transferred to the General Fund.
Sec. 12. 20-A MRSA §13402, sub-§3, as amended by PL 1995, c. 676, §7 and affected by §13, is further amended to read:
3. Substitute teachers. Substitute teachers must be compensated at the rate of not less than $30 for each day of service. Any substitute teacher under contract with the Maine Educational Center for the Deaf and Hard of Hearing and the Governor Baxter School for the Deaf is deemed for the purposes of civil liability to be an employee of a governmental entity under the Maine Tort Claims Act.
Sec. 13. 22 MRSA §3174-D, as amended by PL 1995, c. 676, §9 and affected by §13 and amended by PL 2003, c. 689, Pt. B, §6, is further amended to read:
§3174-D. Medicaid coverage for services provided by the Maine Educational Center for the Deaf and Hard of Hearing and the Governor Baxter School for the Deaf
The Department of Health and Human Services may administer a program of Medicaid coverage for speech and hearing services, psychological services, occupational therapy and any other services provided by the Maine Educational Center for the Deaf and Hard of Hearing and the Governor Baxter School for the Deaf that qualify for reimbursement under the United States Social Security Act, Title XIX. The Department of Education has fiscal responsibility for providing the State's match for federal revenues acquired under this section. Any funds received as Medicaid reimbursement must be retained by the Maine Educational Center for the Deaf and Hard of Hearing and the Governor Baxter School for the Deaf.
Sec. 14. 22 MRSA §4088, sub-§7, as enacted by PL 2001, c. 265, §4, is amended to read:
7. Access to records related to Maine Educational Center for the Deaf and Hard of Hearing and the Governor Baxter School for the Deaf. Notwithstanding Title 20-A, section 6101, subsection 2, when the team is conducting an investigation of a person at the Maine Educational Center for the Deaf and Hard of Hearing and the Governor Baxter School for the Deaf who is subject to licensure by the Department of Education, the Maine Educational Center for the Deaf and Hard of Hearing and the Governor Baxter School for the Deaf and the Department of Education shall disclose to the team records related to:
A. Background checks related to the person;
B. The person's credentials;
C. Any conduct on the part of the person related to the allegation; and
D. Any action taken by the Maine Educational Center for the Deaf and Hard of Hearing and the Governor Baxter School for the Deaf or the Department of Education in response to conduct of any person at the Maine Educational Center for the Deaf and Hard of Hearing and the Governor Baxter School for the Deaf that is similar to the allegation.
Sec. 15. 26 MRSA §962, sub-§7, ¶A, as amended by PL 2003, c. 646, §3, is further amended to read:
A. Any officer, board, commission, council, committee or other persons or body acting on behalf of:
(1) Any municipality or any subdivision of a municipality;
(2) Any school, water, sewer, fire or other district;
(3) The Maine Turnpike Authority;
(4) Any board of directors functioning as a regional intermediate education unit pursuant to Title 20-A, section 7730;
(5) Any county or subdivision of a county;
(6) The Maine State Retirement System; or
(7) The Maine Educational Center for the Deaf and Hard of Hearing and the Governor Baxter School for the Deaf;
Sec. 16. 26 MRSA §1419-A, sub-§4, as amended by PL 2003, c. 553, Pt. A, §3, is further amended to read:
4. Specialized customer communications equipment needs in public school system. The Department of Education, in consultation with the Maine Educational Center for the Deaf and Hard of Hearing and the Governor Baxter School for the Deaf and advocacy groups for deaf and hard-of-hearing persons and for the information technology interests of consumers, shall conduct an annual survey of all public schools in the State for the purpose of assessing the need for specialized customer communications equipment in the school system and report its findings to the joint standing committee of the Legislature having jurisdiction over labor matters. The report must include: the number of deaf and hard-of-hearing students and their needs for specialized customer communications equipment; the availability of specialized customer communications equipment; the number of requests for specialized customer communications equipment; and the status of training for teachers and other school personnel in the use of specialized customer communications equipment.
Sec. 17. 35-A MRSA §8704, sub-§1, ¶E, as amended by PL 2001, c. 377, §3, is further amended to read:
E. Eight members appointed by the Governor as follows:
(1) One member from the Maine Educational Center for the Deaf and Hard of Hearing and the Governor Baxter School for the Deaf;
(2) One member from a statewide association for the deaf;
(3) One member from a center on deafness;
(4) One member from a company providing telecommunications relay service in this State;
(5) One member of a telephone association in this State;
(6) Two members from the general public who must rely on TTYs for telecommunications; and
7. (7) One member representing a cellular or wireless service provider.
Effective September 17, 2005.
| Revisor of Statutes Homepage | Subject Index | Search | 122nd Laws of Maine | Maine Legislature |
About the 1st Regular & 1st Special Session Laws Of Maine
