An Act to Create the Building Opportunity Through Out-of-school Time Program

Page 1 - 132LR0920(05)
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-FIVE
_____
H.P. 911 - L.D. 1389
An Act to Create the Building Opportunity Through Out-of-school Time
Program
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 22 MRSA c. 1083 is enacted to read:
CHAPTER 1083
OUT-OF-SCHOOL PROGRAM
§4100-A. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms
have the following meanings.
1. At-risk school-age youth. "At-risk school-age youth" means a school-age youth
who is at risk of educational failure because of limited English proficiency, community
factors, academic difficulties or economic disadvantage.
2. Community-based nonprofit organization. "Community-based nonprofit
organization" means a qualified nonprofit organization incorporated under federal law or
under the laws of this State and subject to the provisions of Title 13, chapter 81 or the
Maine Nonprofit Corporation Act that provides out-of-school programming to school-age
youth. "Community-based nonprofit organization" includes the following entities:
A. A community-based nonprofit organization that is not a member of a statewide
youth-serving nonprofit organization;
B. A statewide youth-serving nonprofit organization; and
C. A coalition of at least 3 nonprofit organizations that provide youth services in a
specific geographic region.
3. Eligible provider. "Eligible provider" means a community-based nonprofit
organization, a library or a statewide youth-serving nonprofit organization.
LAW WITHOUT
GOVERNOR'S
SIGNATURE

JANUARY 11, 2026
CHAPTER
501
PUBLIC LAW
Page 2 - 132LR0920(05)
4. Out-of-school programming. "Out-of-school programming" means structured
programs or activities with engaged adults, mentors and evidence-based or evidence-
informed outcomes provided to school-age youth before school, after school or during the
summer and relating to one of more of the following:
A. Improving social, emotional, academic or vocational competencies;
B. Preventing teenage pregnancies;
C. Reducing negative behaviors, such as violence and crime; tobacco, alcohol and other
substance use; disengagement from school; behaviors leading to school suspension;
truancy; and other health-compromising behaviors;
D. Providing a safe out-of-school environment;
E. Engaging in career exploration or formal or informal apprenticeships; and
F. Any other programming approved by the department.
5. Program. "Program" means the Building Opportunity Through Out-of-school Time
Program.
6. School-age youth. "School-age youth" means a child 5 to 13 years of age and
attending a kindergarten, elementary school or secondary school at which the compulsory
attendance requirements of the State can be met pursuant to Title 20-A, section 5001-A.
7. Statewide youth-serving nonprofit organization. "Statewide youth-serving
nonprofit organization" means a statewide, qualified nonprofit organization incorporated
under federal law or under the laws of this State and subject to the provisions of Title 13,
chapter 81 or the Maine Nonprofit Corporation Act that serves community-based nonprofit
organizations and supports facility-based out-of-school programming designed for
recreational, educational and character-building purposes for school-age youth.
§4100-B. Building Opportunity Through Out-of-school Time Program
The Building Opportunity Through Out-of-school Time Program is established in the
department as a competitive grant program to expand out-of-school programming by
increasing or enhancing current programming, reducing barriers for access to out-of-school
programming and creating new programming.
1. Building Opportunity Through Out-of-school Time Program Fund. The
Building Opportunity Through Out-of-school Time Program Fund is established as a
nonlapsing fund to provide funding to achieve the purposes of the program. The fund
consists of any funds received from private and public sources. The fund must be held
separate from all other money, funds and accounts. Any balance remaining in the fund at
the end of any fiscal year must be carried forward to the next fiscal year.
2. Duties of the department. The department shall:
A. Establish by rule the process through which eligible providers may apply for
program grants, the criteria used to make program grant award determinations and the
allowable program grant award uses;
B. Enter into agreements with 3rd-party entities, including intermediate units, to carry
out the provisions of this chapter;
Page 3 - 132LR0920(05)
C. Establish guidelines and standards necessary to implement the provisions of this
chapter;
D. Publish the process, criteria and uses of program grant funds on its publicly
accessible website;
E. Annually publish the program grant awards organized by grantee, on its publicly
accessible website;
F. Ensure program grant agreements allow individuals receiving services pursuant to
program grant awards to remain eligible for funds under chapter 1053-B;
G. Leverage federal funding opportunities to the extent practicable to fund the grant
program; and
H. Perform other functions necessary to carry out the provisions of this chapter,
including monitoring grantees.
3. Rules. The department shall adopt rules to implement the program. The rules must
include grantee eligibility requirements, grant application and award procedures and grant
funding limits. Rules adopted pursuant to this subsection are routine technical rules as
defined in Title 5, chapter 375, subchapter 2‑A.
4. Implementation. The department may not take steps to implement the program
until the Legislature provides funding sufficient for the department to issue the grant
awards outlined in section 4100-C.
§4100-C. Building Opportunity Through Out-of-school Time Program grant awards
This section governs grant awards under the program.
1. Grant awards. The department shall award grants to the extent that funds are
appropriated or allocated to the Building Opportunity Through Out-of-school Time
Program Fund under section 4100-B, subsection 1. A program grant award may not exceed
a grantee's total cost of operating its out-of-school programming.
2. Subgrants. Statewide youth-serving nonprofit organizations that are awarded
program grant funds may award subgrants to member and partner nonprofit organizations.
Statewide youth-serving nonprofit organizations are responsible for the performance of all
subgrantees for the duration of the grant award's project period, including ensuring
compliance with all program and fiscal reporting, monitoring and other requirements.
Organizations that receive subgrants are ineligible to receive program grant awards as
direct grantees.
3. Funding priorities. To the greatest extent practicable, in making program grant
award determinations, the department shall give priority to eligible providers that:
A. Are currently in operation and have an established history of receiving government
funding, have demonstrated the ability to meet necessary program compliance
requirements and have satisfactorily implemented previous programs;
B. Demonstrate a commitment to reducing barriers to access, including transportation
costs and enrollment costs, for and serving at-risk school-age youth, students
experiencing homelessness, youth in foster care and students with disabilities;
C. Demonstrate a commitment to serving and increasing access for historically
underrepresented and underserved school-age youth;
Page 4 - 132LR0920(05)
D. Offer weekly out-of-school programming;
E. Develop and maintain community coordination and partnerships;
F. Engage the target population and other stakeholders in the development and
implementation of out-of-school programming;
G. Use program grant funds to supplement, rather than supplant, existing resources;
H. Integrate trauma-informed approaches into the program curriculum and the
professional development curriculum of personnel who have regular contact with
school-age youth; or
I. Represent a variety of geographic regions throughout the State.
4. Grantee requirements. The department shall require that a grantee of a program
grant award:
A. Maintain a separate financial accounting in the grantee's budget to facilitate
monitoring and auditing of the use of program funds;
B. Cap administrative costs associated with the implementation of the program grant
to 10% of the total award; and
C. Commit to nondiscrimination against individuals or groups by reason of race, color,
familial status, religion, ancestry, age, sex, sexual orientation, gender identity or
expression, national origin, disability, the use of guide or support animals because of
blindness or deafness or physical disability of the user or because the user is a handler
or trainer of guide animals.
§4100-D. Reporting requirements
1. Reporting. Each February 1st after a fiscal year in which funding is appropriated or
allocated for the purpose of providing program grant awards to eligible providers under
this chapter, the department shall submit a report to the joint standing committee of the
Legislature having jurisdiction over health and human services matters summarizing the
operation of the program for the immediately preceding fiscal year. The report must
include:
A. The criteria used to determine the eligibility of applicants for funding under the
program;
B. The criteria used to select eligible providers for program grant awards and determine
the program grant amount;
C. A summary of the process used by eligible applicants to apply for program grant
funds, including sample copies of all application forms, instructions and guidelines and
all deadlines;
D. A summary of the total amount of grant funds paid to grantees;
E. A summary of the allowable uses of grant funds under the program;
F. A listing by county of each eligible provider that submitted a grant application and
an indication of whether the provider received funding and in what amount; and
G. For each grantee, the following information:
(1) The grantee's name;
Page 5 - 132LR0920(05)
(2) The grantee's address;
(3) The number of school-age youth served through the program by grade level;
(4) The number of at-risk school-age youth served through the program by grade
level;
(5) The uses of program funds;
(6) To the extent possible, a financial summary indicating the total expenditures
on out-of-school programming of the grantee and indicating as components of
those expenditures the total revenues received from the State under the program
and the total revenues received from families with school-age youth enrolled in
out-of-school programming; and
(7) The enrollment goals as set forth in the program grant application.
2. Report out legislation. The joint standing committee of the Legislature having
jurisdiction over health and human services matters may report out legislation relating to
the report under subsection 1 in the year in which the report is presented to the committee.
Sec. 2. Appropriations and allocations. The following appropriations and
allocations are made.
HEALTH AND HUMAN SERVICES, DEPARTMENT OF
Building Opportunity Through Out-of-school Time Program N966
Initiative: Provides a base allocation to establish the Building Opportunity Through Out-
of-school Time Program Fund and allow for expenditures.
OTHER SPECIAL REVENUE FUNDS 2025-26 2026-27
All Other $500 $500
__________ __________
OTHER SPECIAL REVENUE FUNDS TOTAL $500 $500