L.D. 345: Services for young students with disabilities

An Act to Transition the Responsibility for Child Find Activities and for Ensuring a Free, Appropriate Public Education for Eligible Children from the Child Development Services System to School Administrative Units.
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The bill passed the House and Senate earlier this month and is on the appropriations table.
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This bill would shift the responsibility of educating Maine’s youngest students with disabilities away from Child Development Services, the agency currently responsible for providing these services, to school districts.

It passed the House and Senate earlier this month and is on the appropriations table.

Starting in 2028, school districts would be responsible for ensuring a free appropriate public education to students with disabilities between 3 and 5 years old.

The Department of Education will have to provide professional learning opportunities and technical support to districts, and come up with a funding formula to compensate them.

Supporters of the bill argued that CDS staff are spread too thin to provide services, and more young students are entering kindergarten with unmet special education needs.

People who opposed the bill, many of them CDS employees, said shifting the responsibility from CDS to schools would not solve the problem.

Read the full bill on the legislature’s website.

Here are some excerpts from testimony: 

For: 

“Although the Department and CDS have made continued efforts to meet the needs of young children with disabilities, our state is seeing nearly 20 percent of eligible children … not receiving some or all of their required services through their Individualized Education Program. Today these young learners are beginning public school without receiving services.” ~ Debora Murphy, Maine Administrators of Services for Children with Disabilities 

“My support for this legislation is underpinned by the alarming trend of students entering kindergarten ill-equipped to meet its demands. Over the past five years, there has been a significant increase in the number of students requiring services upon kindergarten entry.” ~ Shelby Thibodeau, Augusta Schools

“Our CDS system is exhausted. Our colleagues and providers at CDS are spread too thin, challenged with an inefficient regional model. Our families with unmet needs are frustrated, our local preschools are asking for help, our students need more and they, above all, deserve better. I am in full support of transitioning the responsibility of FAPE services into local SAUs.” ~ Angela Moore, Brewer School Department

Against: 

“Until you fully staff these services, you are just moving the problem from one place to another. While all these discussions are happening, we have hundreds of kids waiting for services right now.” ~ Deb Leighton, Gray

“I hope that you consider fixing CDS and giving this incredible staff the opportunity to prove that given the tools and proper management, we are the best at what we do.” ~ Dianne Rowe, Oxford Hills

“I do agree that early intervention services for 3-5 year-olds needs to move into the public school system but there needs to be a clear plan for funding. This proposal does not solve the challenges of placement but simply shifts the existing challenge from CDS to the public school without addressing the root problem, increased funding for providers.” ~ Ruth Hughes, Scarborough

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Eesha Pendharkar

Eesha Pendharkar is a senior education reporter and data editor for The Maine Monitor. Eesha previously covered education at state and national levels, with a focus on race, opportunity and equity issues in K-12 schools nationwide. She also has experience as a general assignment reporter and specializes in data reporting.
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