An Act Regarding Special Education Requirements for School Administrative Units That Do Not Operate Any Schools
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 20-A MRSA §7211 is enacted to read:
§ 7211. Units that do not operate schools
1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
A. "Receiving school" means a school administrative unit or private school that receives students from a sending school unit.
B. "Sending school unit" means a school administrative unit that does not own, lease or otherwise operate any school and all of whose students attend schools located outside the school administrative unit.
2. Responsibility for compliance. Notwithstanding any other provision of law, the receiving school is responsible, and the sending school unit is not responsible, for satisfying the requirements of this chapter and rules adopted by the commissioner under this chapter with respect to a child with a disability who resides within the sending school unit who attends the receiving school.
SUMMARY
This bill provides that the responsibility for compliance with special education requirements for children with disabilities resides with the school the student attends if the school administrative unit in which the student resides does not own, lease or otherwise operate any schools.