Child Development Services (CDS) Blog #2 - The Transition from CDS to Public Schools
By Rita Furlow, Esq., Senior Policy Analyst
To read Blog #1 in this series - click here
After years of consideration of proposals to make changes to Child Development Services (CDS), the Maine Legislature passed legislation in 2024 to move responsibility for serving children with disabilities ages 3 through 5 from CDS to public schools. While the vast majority of the work related to these changes occurred in the Education Committee of the Maine Legislature, the language and associated funding were ultimately included in the state budget document (see P.L. 2023, ch. 643, § 18 .)
As we discussed in the previous blog post , children with disabilities are protected under federal law. A core provision under the Individuals with Disabilities Education Act (IDEA) is a child’s right to a free appropriate public education (FAPE). The central element of the changes made in Maine law in 2024 includes the transfer of legal responsibility for providing FAPE from Child Development Services to Maine’s public school districts or school administrative units (SAUs).
The transition is occurring over four years with the final responsibility transferring to schools on July 1, 2028. The Commissioner of the Department of Education (DOE) is responsible for creating a series of memorandums of understanding between the SAUs and the Department to guide the transition. The Department has been hosting numerous public recordings to support the transfer which can be viewed on the DOE website .
The first cohort began in the fall of 2024 and included sixteen school districts.
The second cohort began in the fall of 2025 and included thirty five districts.
The third cohort will begin in the fall of 2026, with the fourth and final group beginning in the fall of 2027. While the transfer is scheduled to conclude on July 1, 2028, the statute allows the Commissioner to extend the transition if a district needs additional time and support.
A recent story by Lana Cohen in the Maine Morning Star highlights that the transfer isn’t necessarily solving the state’s lack of availability of services for children. An important provision in the recent changes to protect children ages 3 through 5 who have been underserved by CDS involves something called “compensatory services.” Parents with children who will be moving from CDS to kindergarten and have not received appropriate services should request an individualized education program meeting with CDS to develop a plan to provide necessary compensatory services.
A crucial element to the successful passage of the law was the state’s commitment to ensure fiscal responsibility for the provision of the services even as it transferred legal responsibility to local SAUs. The Education Committee recognized that the state’s current funding to schools through the general purpose aid system would not support the needs of children and local school districts. The law clearly requires that the state must provide funding on a per-pupil basis at a 100% state share.
Additional state funding has been allocated to support the transfer to local districts. The state budget in 2024 included an additional $9 million of general fund dollars to support the system in FY 2024-2025. In the FY 2025-2027 state budget, $21 million from general purpose aid funding was transferred to the state’s Preschool Special Education Program, and an additional $1 million was allocated in FY 2026-2027.
Disclaimer: This blog post is provided as information and does not constitute legal advice. If you need legal assistance for your child, reach out to an attorney. The state’s protection and advocacy agency, Disability Rights Maine or KIDS LEGAL, affiliated with Pine Tree Legal Assistance , may be able to provide you with assistance.