An Act To Improve Early Childhood Special Education
Maine Legislature, Session 122, LD 1772
Committee: Education and Cultural Affairs
Sponsors: MITCHELL, BRENNAN, MARTIN, TURNER, CUMMINGS, DAVIS, MILLETT, NORTON
Amends: 5 MRSA §12004-C, 20-A MRSA §7209, 5 MRSA §12004-G, 20-A MRSA §1, 20-A MRSA §1001, 20-A MRSA §4722, 20-A MRSA §5201, 20-A MRSA §6202, 20-A MRSA §6209, 20-A MRSA §7001, 20-A MRSA §7006, 20-A MRSA §7201, 20-A MRSA §7202, 20-A MRSA §7203, 20-A MRSA §7204, 20-A MRSA §7207-A, 20-A MRSA §7207-B, 20-A MRSA §7251, 20-A MRSA §7251-A, 20-A MRSA §7252-A, 20-A MRSA §7252-B, 20-A MRSA §7253, 20-A MRSA §7255, 20-A MRSA §7256, 20-A MRSA §13024, 22 MRSA §8823, 26 MRSA §962

Legislative Document 
No. 1772 
S.P.689 
In Senate, December 30, 2005 
An Act To Improve Early Childhood Special Education 
(EMERGENCY) 
Submitted by the Department of Education pursuant to Joint Rule 204. 
Received by the Secretary of the Senate on December 28,2005. Referred to the Committee 
on Education and Cultural Affairs pursuant to Joint Rule 308.2 and ordered printed pursuant to 
Joint Rule 401. 
Presented by Senator MITCHELL of Kennebec. 
JOY J. O'BRIEN 
Secretary of the Senate 
Cosponsored by Senators: BRENNAN of Cumberland, MARTIN of Aroostook, TURNER of 
Cumberland, Representatives: CUMMINGS of Portland, DAVIS of Falmouth, MILLETT of 
Waterford, NORTON of Bangor. 
Emergency preamble. Whereas, acts of the Legislature do not 
become effective until 90 days after adjournment unless enacted 
as emergencies; and 
Whereas, there is an immediate need for the Department of 
Education to begin implementation of the early childhood special 
education system, including employment, fiscal management, data 
management and service delivery; and 
Whereas, failure to begin implementation would result in 
delays or possible disruption of early intervention and special 
education 
and 
related 
services 
to 
eligible 
children 
with 
disabilities and their families; and 
Whereas, in the judgment of the Legislature, these facts 
create an emergency within the meaning of the Constitution of 
Maine 
and 
require 
the 
following 
legislation 
as 
immediately 
necessary for the preservation of the public peace, health and 
safety; now, therefore, 
Be it enacted by the People of the State of Maine as follows: 
Sec. I. 5 MRSA §12004-C, sub-§8 is enacted to read: 
8. 
Early Childhood 
Special Education Board 
of Directors 
Expenses 
Only 
20-A MRSA §7209 
Sec. 2. 5 MRSA §12004-G, sub-§8-A, as reenacted by PL 2001, c. 
471, Pt. C, §1 and affected by §10, is repealed. 
Sec. 3. 20-A MRSA §l, sub-§7-A is enacted to read: 
7-A. 
Disability. 
section 7001. 
"Disability" has the same meaning as in 
Sec. 4. 20-A MRSA §1, sub-§12, as enacted by PL 1981, c. 693, 
§§5 and 8, is repealed. 
Sec. S. 20-A MRSA §1001, sub-§9-B, as amended by PL 1999, c. 
424, Pt. A, §1, is further amended to read: 
9-B. 
Disciplinary 
sanctions 
for 
children 
with 
disabilities. 
They 
retain 
the 
author i ty 
to 
sanction 
aB 
eHeep~i9Ba~--S~~QeB~ a 
child with 
a 
disability as defined in 
section 7001, 
subsection 
d 
I-A 
for 
misconduct that violates 
school 
rules. 
Notwi thstanding 
the 
duties 
of 
school 
administrative units as described in section 7202, 
the school 
.. 
board may authorize the superintendent, principal or assistant 
principal 
to 
enforce 
this 
subsection 
by 
allowing 
the 
superintendent, principal or assistant principal to suspend aR 
eHeeptiaRal-styaeRt a child with a disability up to a maximum of 
days individually or cumulatively for infractions of school 
rules. 
When aR-eK€eptiaRal-styaeRt a child with a disability is 
suspended for 10 days or less individually or cumulatively within 
a school year for a violation of school rules, the school board 
is not required to provide a tutor, transportation or any other 
aspect of the student's special education program. 
Discipline of 
eHeeptiaRal---stYaeRts 
children 
with 
disabilities 
must 
be 
consistent with the requirements of the federal Individuals with 
Disabilities 
Education 
Act, 
United 
States 
Code, 
Section 
1415(k). 
Sec. 6. 20-A MRSA §4722, sub-§3, as amended by PL 2005, c. 
446, §2, is further amended to read: 
3. 
Satisfactory completion. 
A diploma may be awarded to 
secondary school students who have satisfactorily completed all 
diploma requirements in accordance with the academic standards of 
the school administrative unit and this chapter. 
All secondary 
school 
students must 
work 
toward achievement of the content 
standards 
of 
the 
system 
of 
learning 
results. 
iHeeptiaRal 
stYaeRts children with disabilities, as defined in section 7001, 
subsection 6 I-A, who successfully meet the content standards of 
the system of learning results in addition to any other diploma 
requirements 
applicable to all secondary school students, 
as 
specified by the goals and objectives of their individualized 
education plans, may be awarded a high school diploma. 
Career 
and 
technical 
students 
may, 
with 
the 
approval 
of 
the 
commissioner, satisfy the 2nd-year math and science, the 2nd-year 
social studies and the fine arts requirements of subsection 2 
through 
separate 
or 
integrated 
study within 
the 
career 
and 
technical school curriculum. 
Sec. 7. 20-A MRSA §5201, sub-§l, as repealed and replaced by 
PL 1985, c. 506, Pt. A, §36, is amended to read: 
1. 
Eliqibility to enroll; school year. 
A person meeting 
the minimum age requirements of subsection 2 or section 7001, 
subsection 6 I-A, paragraph A at 
subparagraph (1), and who has 
not reached 20 years of age before the start of the school year 
may enroll as a full-time or, with the consent of the school 
board, 
as 
a 
part-time student, 
in the public elementary and 
secondary schools where the student resides as defined in section 
5202. 
The school year, for the purpose of this subsection, is 
defined as starting on July 1st and ending on the following June 
30th. 
Sec. 8. 20-A MRSA §5201, sub-§3, ,E, as enacted by PL 1981, c. 
693, §§5 and 8, is amended to read: 
E. 
The eligibility for eHee~~i9Ral-6~aeeR~s a child with a 
disability is governed by section 7001, subsection a I-A. 
Sec. 9. 20-A MRSA §6202, first" as amended by PL 2005, c. 
446, §3, is further &nended to read: 
The 
commissioner 
shall establish 
a 
statewide 
assessment 
program 
to 
measure 
and 
evaluate 
on 
a 
continuing basis 
the 
academic achievements of students at grades 4, 8 and 11 in the 
content areas of the system of learning results established in 
section 6209 specified by the commissioner. 
The commissioner may 
elect to provide for the use of alternative measures of student 
achievement in grade 11. 
This assessment applies to students in 
the public elementary and secondary schools and in all private 
schools approved for tuition whose school enrollments include at 
least 60% ~QB~ie~y-~QReee publicly funded students, as determined 
by 
the 
previous 
school 
year's 
October 
and 
April 
average 
enrollment. 
The assessment program must be adapted to meet the 
needs 
of 
eHee~~ieRa~--S~QeeR~S children with disabilities 
as 
defined in section 7001, subsection a I-A or other students as 
defined under rules by the commissioner. 
Sec. 10. 20-A MRSA §6209, first" as amended by PL 2001, c. 
454, §31, is further amended to read: 
The department in consultation with the state board shall 
establish and 
implement 
a 
comprehensive, 
statewide 
system of 
learning results, referred to in this section as the "system," no 
later than the 2002-03 school year. 
The system, based broadly 
upon guiding principles set forth in this section, must establish 
high academic standards at all grade levels in the areas of math; 
English; 
science 
and 
technology; 
social 
studies, 
including 
history, 
economics and civics; career preparation; visual and 
performing arts; 
health 
and 
physical education; 
and 
foreign 
languages. 
Only students in a public school or a private school 
approved for tuition that enrolls at least 60% publicly funded 
students, as determined by the previous school year's October and 
April average enrollment, 
are required to participate in the 
system of 
learning results. 
The 
commissioner 
shall 
develop 
accommodation 
prov~s~ons for 
instances 
where 
course 
content 
conflicts with sincerely held religious beliefs and practices of 
a 
student's parent or guardian. 
The system must be 
ae9~~ee 
adapted 
to 
accommodate 
eHee~1;1-e-Ra-l----6-t'Y.eeR~s 
children 
with 
disabilities as defined in section 7001, subsection 6 I-A. 
Sec. 11. 20-A MRSA §7001, as amended by PL 2003, c. 676, §§l 
and 2, is further amended to read: 
§7001. Definitions 
As 
used 
in this 
subpart, 
unless 
the 
context 
otherwise 
indicates, the following terms have the following meanings. 
1. 
Agency. 
"Agency" means an agency, school, organization, 
facility or institution. 
1-A. 
Disability. 
"Disability" means: 
A. 
For children from birth to under 3 years of age: 
(1) 
Significant developmental delay, 
as measured by 
both 
diagnostically 
appropriate 
instruments 
and 
procedures, 
in 
one 
or 
more 
areas 
of 
cognitive 
development: physical development, including vision and 
hearing: communication development: social or emotional 
development: and adaptive development: or 
(2) 
A di~~os~hysical or mental condition that has 
a high probability of resulting 
with the condition being such 
early intervention services: or 
in developmental delay, 
that the child needs 
B. 
For children at least 3 years of age and under 20 years 
of 
age evaluated in accordance with 
Code of Federal 
Regulations, Section 300.301-311 (2005), as measured by both 
standardized, 
norm-referenced 
diagnostic 
instruments 
and 
appropriate procedures with the delay or impairment being 
such that the child needs special education: 
(1) 
Significant developmental delays for a child at 
least 3 years of age and under 6 years of age, at the 
discretion of 
the 
intermediate 
educational 
unit 
or 
school administrative unit, as defined in rules adopted 
by the department in one or more of the following 
areas: 
cognitive 
development: 
physical 
development, 
including 
vision 
and 
hearing: 
communication 
development: social or emotional development: adaptive 
development; or 
(2) 
At least one of the following: 
(a) 
Mental retardation; 
(b) 
Hearing impairment, including deafness; 
(c) 
Speech or language impairment; 
(d) 
Visual impairment, including blindness; 
(e) 
Serious emotional disturbance; 
(f) 
Orthopedic impairment; 
(g) 
Autism; 
(h) 
Traumatic brain injury; 
(1) 
Other health impairment; 
(:j) 
Specific learning disabilities; 
(k) 
Deafness and blindness; or 
(1) 
Multiple disabilities. 
I-B. 
Early 
intervention 
services. 
"Early 
intervention 
services" means developmental services that are provided ynqex 
public supervision; are provided at no cost except where federal 
or state law provides for 
a 
system of payments by families, 
including a schedule of sliding fees; are designed to meet the 
developmental needs of an infant or toddler with a disability, as 
identified by the individualized family service plan team; meet 
the standards of the state in which the services are provided; 
are 
provided 
by qualified personnel; 
to 
the 
maximum 
extent 
appropriate, are provided in natural environments, including the 
home, 
and 
community 
settings 
in 
which 
children 
without 
disabilities participate; and are provided in conformity with an 
individualized family service plan. 
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public education" means special education and related services 
that are provided at public expense, under public supervision and 
direction 
and 
without 
charge; 
meet 
the 
standards 
of 
the 
department; 
and 
are 
provided 
in 
conformity 
with 
the 
individualized education program. 
2-B. 
Intermediate 
educational 
units. 
"Intermediate 
education unit" means 
an entity that meets the definition of 
intermediate educational unit in the federal Individuals with 
Disabilities Education Act, 20 United States Code, Section 1402, 
(23) as in effect prior to June 4, 
1997 and that is a public 
authority, 
other 
than 
a 
local educational 
agency. 
under 
the 
general supervision of the department, that is established for 
the purpose of providing free public education on a 
regional 
basis and that provides special education and related services to 
children with disabilities within the State. 
An 
intermediate 
edu_cational unit is considered a local educational agency under 
fe,1,-' ral law. 
In this State, 
a 
local educational agency is a 
school administrative unit. 
For purposes of this chapter all 
references to school administrative units include intermediate 
educational units. 
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5. 
Special education. 
"Special education" means classroom, 
8 
home, hospital, institutional or other instruction; educational 
diagnosis 
and evaluation; 
transportation and other 
supportive 
assistance, services, activities or programs, as defined by the 
commissioner, 
required 
by 
eHee~~ieBal--s~yseB~s children 
with 
disabilities. 
6. 
Special 
education 
facility. 
"Special 
education 
facility" means a public or private school, or portion ~ReteeE of 
a 
public or private school, 
intended for use in meeting the 
educational and related needs of 
eHee~~ieBa~--&&,*seB~s children 
with disabilities. 
• 
7. 
State licensed agency. 
"State licensed agency" means an 
institution 
or 
facility 
licensed 
by 
the 
State 
to 
provide 
education, emotional or mental health services, alcohol or drug 
rehabili tation, boarding care or other child care services to a 
person between the ages of 5 and 20 years. 
It includes: 
A. 
Facilities under Title 22, chapter 1661; and 
B. 
Community mental health eeB~e~s services under Title 64 
34-B, chapter l86f 3, subchapter 3. 
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8. 
Residential child care facility. 
"Residential child 
care facility" is a facility defined in Title 22, section 8101, 
subsection 4. 
9. 
Special 
education 
prog-ram. 
A 
"special 
education 
program" is a full-time or part-time educational program designed 
to 
provide 
an 
equal 
educational 
opportunity 
to 
eHee~~ieBa± 
s~~aeB~S Children with disabilities 
through 
the 
delivery 
of 
special education services by qualified individuals. 
10. 
Special 
education 
services. 
"Special 
education 
services" 
are 
educational 
services 
provided 
by 
qualified 
individuals as defined by the commissioner. 
Special education 
services sRall must be provided by qualified individuals employed 
or contracted by the school administrative unit. 
Sec. 12. 20·A MRSA §7002, as enacted by PL 1981, c. 693, §§5 
and 8, is repealed. 
Sec. 13. 20·A MRSA §7003. as enacted by PL 1981, c. 693, §§5 
and 8, is repealed. 
Sec. 14. 20·A MRSA §7004, as enacted by PL 1997, c. 308, §1, 
is repealed. 
Sec. 15. 20·A MRSA §7005, as reallocated by RR 1997, c. 1, 
§20, is amended to read: 
§7005. Special education 
1. 
Rulemaking. 
rules 
necessary 
for 
chapters 
and 
305. 
The 
commissioner is 
the 
administration 
authorized to adopt 
of 
this 
chapter 
and 
The 
department shall identify in its 
regulatory agenda, when feasible, a proposed rule or prov~s~on of 
a proposed rule that is anticipated to be more stringent than the 
federal statute or regulation, if an applicable federal statute 
or regulation exists. 
During the consideration of any proposed rule, when feasible, and 
using information available to it, the department shall identify 
provisions of the proposed rule that the department believes 
would impose a regulatory burden more stringent than the burden 
imposed by the corresponding federal statute or regulation, if 
such a federal statute or regulation exists, and explain in a 
separate section of the basis statement the justification for the 
difference between the agency rule and the federal statute or 
regulation. 
Sec. 16. 20-A MRSA §7006 is enacted to read: 
§7006. 
Responsibility 
The 
Department of Education is designated as 
the 
stat~ 
education 
agency 
responsible 
for 
carrying 
out 
the 
State's 
obligations 
under 
the 
federal 
Indiyiduals 
with 
Disabilities 
Education Act. 20 United States Code, Section 1400 et seg., as 
amended. 
The department and every school administrative unit. 
intermediate educational unit, 
public school or other public 
agency that receives federal or state funds to provide early 
intervention or free appropriate public education services to 
infants, toddlers or children from birth to under 20 years of age 
with disabilities shall comply with the federal Individuals wi~ 
Disabilities 
Education 
Act. 
as 
amended, 
and 
all 
federal 
regulations adopted under the Act. 
Sec. 17. 20-A MRSA c. 303, as amended, is further amended by 
repealing the chapter headnote and enacting the following in its 
place: 
CHAPTER 303 
CHILDREN WITH DISABILITIES 
Sec. 18. 20-A MRSA §7201, as amended by PL 1995, c . 95, § 1, 
is further amended to read: 
§7201. Policy and purpose 
4.6 
The policy of the State for the education of 
eHeep~ieBal 
S~~QeB~S children with disabilities is as follows. 
1. 
Equal educational opportunities. 
All 
students shall 
~ 
be provided with equal educational opportunities and all 
• 
3R 
school 
administrative 
opportunities 
for 
all 
disabili ties. 
units 
shall 
provide 
equal 
educational 
eHeeF~ieRaJ---&~~aeH~s 
children 
with 
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2-A. 
Dev~lo~~~al or 
educational 
environment. 
maximum extent appropriate: 
To 
the 
A. 
Early intervention services must be provided in natural 
environments, including the home and community setting in 
which children from birth to under 3 years of age without 
disabilities participate: and 
B. 
Children with disabilities at least 3 years of age and 
under 
years of age, 
including children in public or 
private 
institutions 
or 
other 
care 
facilities, 
must 
be 
educated 
with 
children 
without 
disabilities. 
Special 
classes, 
separate schooling or other removal of children 
with disabilities from the regular educational environment 
may occur only when the nature or severity of the disability 
of a child is such that education in regular classes with 
the 
use 
of 
supplementary 
aids 
and 
services 
cannot 
be 
achieved satisfactorily. 
3. 
Students diacp10sed as deaL 
AR-€i{~€F~i9Ral 11 studentT 
diagnosed as deafr-£Ra:ll must be educated with 
I'e~~±al' students 
without disabilities whenever possible and shall ~ 
be educated 
under 
the 
principle 
of 
the 
least 
restrictive 
educational 
alte~native environment as set forth in state laws and rules and 
federal laws and regulations. 
4. 
Parent's right to be a member of the team. 
Parents, 
surrogate parents or guardians have the right to be a member of 
the team whieh ~ 
will carry out duties and responsibilities in 
accordance with rules established by the commissioner. 
5. 
Blind students; Braille instruction. 
All students may 
receive instruction in Braille reading and writing as part of 
their individualized family service plans for children from birth 
to 
under 
years 
of 
age 
or 
individualized education plans 
programs. 
A student 
may 
not 
be 
denied 
the 
opportunity of 
instruction in Braille reading and writing solely because the 
student has some rema1n1ng V1S1on. 
If Braille is not provided to 
a child who is blind, the reason for not incorporating Braille in 
the 
individualized 
family 
service 
plan 
or 
individualized 
education plaa programs must be documented in the individualized 
family service plan or individualized education plaa program. 
6. 
Participation in cocurricular activities. 
Eligibility 
for 
aa--~-,i-ona-1---stl:H:'1eat 
a 
child 
with 
disabilities 
to 
participate in cocurricular activities may not be denied solely 
because the student is enrolled in a reduced course load when the 
reduced 
course 
load 
is 
due 
to 
the 
student's eHeeptieaality 
disability, pFe .... i-EleG--that only if the student is satisfactorily 
completing the requirements of the educational components of an 
individualized family service plan or individualized education 
plaa 
program 
and 
is 
otherwise 
in 
compliance 
with 
the 
plaa 
program. 
If the student is not satisfactorily completing the 
educational components of an individualized family service plan 
or individualized education plan program or is not otherwise in 
compliance with the plaa program, the student's eligibility may 
be 
determined 
in the 
same 
manner 
as 
the eligibility of 
a 
aeaeHeeptieaal--staseat child without disabilities who 
is not 
satisfying the applicable academic standards. 
Sec. 19. 20-A MRSA §7202, as amended by PL 2005, c. 446, §7, 
is further amended to read: 
§7202. Duties of school administrative units 
Each school administrative unit operating schools shall: 
1. 
Identification. 
Identify 
all 
children 
within 
its 
jurisdiction who require early intervention or special education; 
• 
.. 
.28 
2. 
Records. 
Make and keep current records of eHeeptieBal 
stliseBt:s 
children 
with 
disabilities, 
as 
required 
by 
rules 
established by the commissionerT and institute procedures whieh 
~hg~ guarantee the confidentiality of these records in accordance 
with state and federal law; 
2-A. 
Assist advocates for developmentally disabled. Assist 
the 
PFeteetieB--aBEi--~~~~--~--~---&a&--QevelepffieBtal±y 
Qisae~es--iB--MaiBe advocacy agency designated under Title 
5, 
section 19502 in conducting an investigation, pursuant to Title 
n 
.5., 
section 6994 19505, subsection 4, by providing access to 
relevant case records, notifying parents or guardians of these 
investigations and ey requesting parental consent for access to 
case records by the agency. Parents or guardians may refuse to 
consent to the examination of these records; 
3. 
Diagnosis and evaluation. 
Provide eSlieatieBa±-sia~Besis 
aBs-eva±liatieB-BeeessaFY the evaluations and assessments required 
by the federal Individuals with Disabilities Education Act. 
United States Code, Section 1400, at seq., as amended, to plan 
and implement an early intervention program for eligible children 
from birth to under 
years of age 
and 
a 
special education 
program for eHeept-ieBaJ--&&liseBts children with disabilities at 
least 3 years of 
age 
and under 
years of age within its 
jurisdiction; 
4. 
Plan. 
Submit 
a plan for its early intervention and 
special education programs to the commissioner for approval in 
accordance with rules established by the commissioner; 
5. 
Special 
education 
and 
early 
intervention 
services. 
Provide 
early 
intervention 
gnQ 
special 
education 
for 
each 
eHeept:ieaa1--st-liseBt eligible child with a disability within its 
jurisdiction and ensure appropriate data collection, training, 
~taff development 
and 
direct 
service 
provision 
to 
eligible 
children, from birth to under 3 years of age, in accordance with 
I'_art C of the federal Indi vio.uals with Disabilities Education 
Act, 20 United States Code, Section 1400 et seg.; 
5-A. 
Diploma requirements. 
Award a high school diploma to 
each eHeept:ieaa±-stliseat child with a disability who successfully 
meets the content standards of the system of learning results, in 
addition to any other diploma requirements applicable to all 
secondary school students pursuant to section 4722, as specified 
by 
the 
goals 
and 
objectives 
of 
the 
st:Qseat:~s 
child's 
individualized education plaa program; 
6. 
Compliance. 
Provide 
the 
commissioner 
with 
the 
information the commissioner may require to determine compliance 
with this chapter; 
Page l2-LR3023(1) 
7. 
Notice of parent' s right to be a member of the team. 
Notify in writing the 
eHeeptieRa~--&~~aeBt~s parent, 
surrogate 
parent or guardian of 
tBei~ the child with disabilities of that 
person's right to be a member of the team and place a copy of the 
notice in the eHeeptieRal student's permanent records; 
8. 
Facility construction, 
renovation 
and 
repair. 
Seek 
approval 
in 
advance 
from 
the 
commissioner 
for 
construction, 
renovation 
or 
repair, 
with 
or 
aided 
by 
public 
funds, 
of 
facilities intended for the education of 
eHeeptieRa~--&t~aeBts 
~_hildxen 
with 
disabilities, 
or 
give 
assurances 
that 
other 
facilities in the school administrative unit are adequate to meet 
the needs of those students; 
9. 
Securing parental permission. 
For the 
P~ete€-t.-i~-aBa 
Aayeeaey-A~~y-~~--~Re-~eyeJepmeH~a~~y-~~~-~-MaiRe agency 
conducting studies pursuant to Ti tIe ~~ .5., chapter 9~± ~: 
A. 
Assist the agency in its studies; and 
B. 
Facilitate access to relevant case records by: 
(1) 
Notifying parents or guardians of the study; and 
(2) 
Requesting parental consent for the agency to have 
access to case records; and 
10. 
Department of Health and Human Services; authority to 
request convening of pupil evaluation team meeting. 
Notify in 
writing the individual designated by the Department of Health and 
Human Services that the Department of Health and Human Services 
has the authority to request the school administrative unit to 
convene 
a 
pupil 
evaluation 
team 
meeting 
and 
to 
attend 
and 
participate in any pupil evaluation team meetings concerning aFl 
eHeep~-ieHaJ--&~~aeBt a child with a disability who is a state 
ward. 
The written notice must indicate the time and place of the 
pupil evaluation team meeting and a copy of the notice must be 
placed in the eHeeptieFlal-st~aeFlt~s child's permanent record. 
Sec. 20. 20-A MRSA §7203. as enacted by PL 1981, c. 693, §§5 
and 8, is repealed. 
Sec. 21. 20-A MRSA §7204, as amended by PL 1983, c. 806, §64, 
is further amended to read: 
§7204. Duties of the commissioner 
The commissioner: 
.. 
• 
1. 
Supportive services. 
Shall provide, 
or cause to be 
provided 
by 
administrative 
units 
operating 
schools, 
all 
supportive assistance 
and services, 
as defined in rules 
the 
commissioner establishes, required by 
aR-~-i-o-na±--s~1:iaeR~ .Q 
child with disabilities so that the st1:iaeRt child may benefit 
from equal educational opportunities; 
2. 
State plan. 
Shall make and annually review a state plan 
for 
education 
of 
all 
eHee~t.4eBa.J---s-t.1:lEieRts 
children 
with 
disabilities in the State. 
The State's plan may not require 
services that exceed 
m~n~mpm federal 
requirements. 
The 
plan 
sRall ~ 
be available to the public on request. 
The department 
is the entity responsible for assigning financial responsibility 
among 
appropriate agencies 
as 
required under Part C of the 
federal Individuals with Disabilities Education Act, 
United 
States Code, Section 1401 (8), Section 1412 (a)(12)(A,B,C) and 
Section 
1435 
(a)(10)(C) 
and 
continues 
to 
serve pursuant 
to 
Section 1435 (a) nO) as the single line of responsibility for 
carrying 
out 
the 
general 
administration 
and 
superv~s~on of 
~ograms and activities receiving assistance under Part C of the 
federal 
Individuals 
with Disabilities 
Education 
Act 
and 
the 
monitoring of programs and activities used to carry out that Part; 
3. 
School year. 
May approve early intervention or special 
education programs for: 
A. 
The usual public school year as defined in section 4801, 
subsection 1; 
B. 
An extended school year; or 
C. 
Other periods the commissioner determines appropriate; 
4. 
Program approval. 
Shall 
intervention and special education 
approval sRall illY£t include: 
A. 
Requirements for admission; 
approve plans 
programs. 
The 
B. 
Qualification or certification of staff; 
C. 
Plan of instruction; 
D. 
Adequacy of facilities; 
E. 
Adequacy of supportive services; 
F. 
Professional supervision; and 
G. 
Teacher-student ratioTL 
Page l4-LR3023(1) 
for all early 
criteria for 
5. 
Due process. 
Shall: 
A. 
Adopt or amend rules to assure and protect the rights of 
due 
process 
for 
eHeeFtieBa±---s~aaeB~s 
children 
with 
disabilities; and 
B. 
Inform and train each school administrative unit on 
eHeeFtieBal---staeeBts~ 
the 
rights 
of 
children 
with 
disabilities to due process under state laws and rules and 
federal law and regulations; and 
• 
6. 
Technical assistance. 
May, on the request of a school 
administrative 
unit, 
provide 
technical 
assistance 
in 
the 
formulation 
of 
a 
plan or 
subsequent report required of all 
administrative units. 
Assistance SHall 
!J@l': not be designed to 
transfer the responsibility for or actual development of the plan 
or report. 
Sec. 22. 20-A MRSA §7207-A. sub-§2. as amended by PL 1989, c. 
700, Pte 
B, 
§46 and enacted by c. 857, §56 and amended by PL 
2003, c. 689, Pt. B, §6, is further amended to read: 
2. 
Objection to appointments. 
When 
aB--e-K~-i~1--&~aeeBt 
a child with a disability is a state ward and the Department of 
Health and Human Services has notified the school administrative 
unit and the Department of Education that the Department of 
Health and 
Human Services objects to the 
appointment of 
the 
foster parent as the surrogate parent, the foster parent may not 
be automatically appointed to serve as surrogate parent for the 
eHeep~ieBal-stHeeBt child with a disability. 
When aB-eHseptieBal 
staeeB~ a 
child with 
a 
disability is 
a 
state ward 
and the 
Department 
of 
Health 
and 
Human 
Services 
objects 
to 
the 
appointment of the foster parent as the surrogate parent, the 
Department of Health and Human Services shall recommend to the 
Department of Education 
an individual 
to 
serve 
as 
surrogate 
parent. 
Sec. 23. 20-A MRSA §7207-B, sub-§3-A, as enacted by PL 1997, 
c. 441, §1, is repealed. 
Sec. 24. 20-A MRSA §7207-B. sub-§4, as amended by PL 1985, c. 
797, §4l, is further amended to read: 
4. 
Hearing officers, immunity. The State shall t~aiB ensure 
that impartial hearing officers meet the criteria contained in 
the 
federal 
Individuals 
with Disabilities 
Education 
Ac~~Q 
United States 
Code, 
Section 
1400 
et seg., 
as 
amended. 
For 
purposes of the Maine Tort Claims Act only, Title 14, chapter 
741, hearing officers, while they are carrying out their official 
Page l5-LR3023(1) 
duties 
as 
hearing 
officers, 
sball--ae 
employees and sbaJJ--ae are entitled to 
state employees under the Maine Tort Claims 
are 
the 
Act. 
Sec. 25. 20-A MRSA §7209 is enacted to read: 
§7209. 
Transition: board of directors 
considered 
state 
immunity provided 
1. 
~~r~t of E4~cation. 
During the period from July 1, 
2006 to June 30, 2008. the department shall serve as the lead 
agency for the statewide system pursuant to 20 United States 
Code, Section 1435, including the identification and coordinatiQn 
of all available resources within the State for services to 
eligible children from birth to under 3 years of age. and shall 
exercise 
general 
supervisory 
authority 
over 
child 
find 
as 
provided in 20 United States Code, Section 1412 (a) (3) and the 
provision of a free, appropriate public education to children at 
least 3 years of age and under 6 years of age. 
The commissioner 
or the commissioner's designee is responsible for: 
A. 
Developing and adopting rules necessary to carry out the 
provisions 
of 
the 
federal 
Individuals 
with Disabilities 
Education Act, Part B, Section 619 and Part C, 
United 
States Code, Section 1400 et seg.; 
B. 
Ensuring legal 
and policy compliance 
throughout the 
ear ly childhood special education program by reviewing or 
performing regular audits of program records; and 
C. 
Ensuring 
fiscal 
compliance 
throughout 
the 
early 
childhood 
special 
education 
program 
by 
reviewing 
or 
performing regular audits of program records. 
2. 
Ea:r:ly Childhood Special Education Board of Directors. 
The Early Childhood Special Education Board of Directors, 
as 
established 
by 
Title 
5, 
section 
12004-C, 
subsection 
and 
referred to in this section as "the board of directors," is 
established for the period from July 1, 2006 to June 30. 2008. 
A. 
The board of directors is appointed by the commissioner 
and consists of one member of the state board. 
special 
education directors, 2 parents of children with disabiliti~ 
from bi rth to 5 years of age and 2 representatives of the 
Department 
of 
Health 
and 
Human 
Services, 
including 
a 
representative of the MaineCare program. 
B. 
Members 
of 
the 
board 
of directors are entitled to 
compensation in accordance with the provisions of Title 5, 
chapter 379. 
Page l6-LR3023(1) 
~~he board of directors has the following specific powers 
and duties: 
(1) 
To administer the provisions of this section; 
(2) 
To 
make 
recommendations 
to the commissioner on 
l.gg.islation and rules as may be necessary to improve 
the early childhood special education program; 
ill 
To 
ensu~e provision of childfind activities as 
defined in 20 United States Code, Section 1412 (a) (3) 
for children from birth to under 
years of age as 
reguired by the federal Individuals with Disabilities 
Education Act, 
United States Code, Section 1400 et 
seg., as amended; 
(4 } 
To ensure that eligible children from birth to 
under 
years 
of 
age 
receive 
early 
intervention 
services as required by the feQ§lral Individuals with 
Di s al1i li tie s 
Education 
Act, 
United 
States 
Code, 
Section 1400 et seg. , as amended; 
(5) 
To ensure that eligible children from 3 years of 
age to under 6 years of age receive a free, appropriate 
public 
education 
in 
collaboration 
with 
school 
administrative units whenever possible; 
(6) 
To 
employ, 
through 
the 
State 
Intermediatg 
Educational Unit established under 
subsection 
and 
subject 
to 
the 
approval 
of 
the 
commissioner, 
professional and other staff necessary to carry out the 
functions reguired by this section; and 
(7} 
To enter into contracts, leases and agreements in 
the name of the State Intermediate Educational Unit 
established 
under 
subsection 
that 
are 
necessary-, 
incidental or 
convenient to the 
performance 
of its 
duties 
and 
the 
execution of its powers 
under 
thi~ 
section, except that the board of directors shall use a 
uniform provider contract approved by the commissioner 
and may not enter into any contracts or agreements that 
extend beyond June 30, 2008. 
3. 
State Intgx:mediate Educational Unit. 
For the period 
from July 1, 
2006 
to June 
30, 
2008, 
the State Intermediate 
Educational Unit is establish_ed as a body corporate and politic 
and as a PUblic instrumentality of the State for the purpose of 
conducting child find activities as provided in 20 United States 
Code, Section 1412 (a) 
(3) for children from birth to under 6 
years of age, coordinating the provision of early intervention 
services for eligible children from birth to under 3 years of age 
and providing a free, appropriate public education to eligible 
children at least 3 years of age and under 6 years of age. 
4. 
Director of early childhood special education. 
For the 
period from July 1, 2006 to June 30, 2008, the commissioner shall 
£Ppoint a director of early childhood special education. 
The 
director has the following powers and duties: 
A. 
To administer the State Intermediate Educational Unit 
established under subsection 3. 
The director shall develop 
operating 
policies 
and 
establish 
organizational 
and 
operational procedures: 
B. 
To 
develop 
statewide 
policies 
and 
procedures 
for 
carrying out federal and state laws and rules relating to 
childfind as defined in section 7725. 
early intervention 
services and the provision of a free. appropriate public 
education to children from birth to under 6 years of age: and 
C. 
To 
provide 
training 
in 
federal 
and 
state 
laws. 
J'.§gule'ltions, 
rules and policies relating t~ild find as 
provided in 20 United States Code. Section 1412 (a) 
(3), 
early intervention services and the provision of a free. 
appropriate public education to children from birth to under 
years of 
age 
and to conduct regular file reviews 
to 
determine 
compliance 
with 
federal 
and 
state 
laws. 
regulations. 
rules and policies 
and conduct training and 
provide technical assistance where deficiencies are found. 
~L~C.bPQJ. a~.i_pis~J;:at,j.Y~L_Jm,i,ts~~twi thstandill~J!l;>~ec:tJon 
4, paragraph A, school administrative units that are willing and 
able may assume responsibility for the children with disabilities 
wi thin their jurisdiction prior to the fall of 2008, if the 
unit's program is approved by the commissioner. 
6. 
Repeal. 
This section is repealed June 30, 2008. 
Sec. 26. 20-A MRSA §7251, as amended by PL 1987, c. 395, Pt. 
A. §73, is further amended to read: 
§725l. Local early intervention and special education programs 
A school administrative unit may establish an appropriate 
early intervention or special education program. 
Sec. 27. 20-A MRSA §7251-A, as enacted by PL 1987, c. 395, 
Pt. A, §74, is amended to read: 
§725l-A. Local early intervention and special education services 
A school administrative unit may offer or contract for early 
intervention or special education services. 
Sec. 28. 20-A MRSA §7252-A, as enacted by PL 1987, c. 395, 
Pt. A, §76, is amended to read: 
§1252-A. 
Early intervention; special education programs; approval 
bFeeial~_arlY~Il..~Y~llti~nd s];!ecial education programs 
may be established for the delivery of early intervention and 
special education services to eHeeF~i9aal-6~~aeB~s children with 
disabilities in accordance with section 7204, subsection 4. A An 
early interve~tion or special education program may be offered by 
a school administrative unit, 
an approved private school or a 
state 
licensed 
agency. 
All 
early 
intervention 
and 
special 
education programs offered by approved private schools or state 
licensed agencies sRall must: 
1. 
Supervision. Be provided under the supervision of the 
school administrative unit responsible for the education of the 
eHeeF~ieBaJ--s~~aeBt child with 
a 
disability enrolled in 
the 
program; 
2. 
agreement 
Description. 
Be 
between 
the 
commissioner; and 
described 
agency 
or 
in 
a 
master 
contractual 
private 
school 
and 
the 
3. 
Approval. Be approved in advance of the enrollment of 
any eHeeFtieBal-st~aeBt child with a disability. 
Sec. 29. 20-A MRSA §7252-B. as enacted by PL 1987, c. 395, 
Pt. A, §76, is amended to read: 
§1252-B. Early intervention; special education services; approval 
The 
commissioner 
shall 
adopt 
or 
amend 
rules 
to 
define 
allowable early intervention and special education services and 
the qualifications of individuals who provide early intervention 
or special education services. Each school administrative unit, 
approved private school or licensed state agency providing early 
intervention or special education services shall submit a report 
at such time and in such form as the commissioner may require. 
Sec. 30. 20-A MRSA §7253. as enacted by PL 1981, c. 693, §§5 
and 8, is amended to read: 
§7253. Regional programs: approval 
Two 
or 
more 
school 
administrative units 
may enter into 
c oope rat i ve agreement to p rov i de regional 
S;e'-5a~r,--"l!..JYt--",i~n~t...se~r"--vl!:.:e!2.n~t-,,,i~o~nL..--"!.o~r 
special education programs and support services. 
1. 
General criteria. 
Programs 
and services established 
through this agreement saall mY£t meet the requirements set forth 
in section 7204, subsection 4. 
2. 
Special provisions. 
A program saall mY£t specify that: 
A. 
One 
of 
the 
school administrative units 
saall--seFve 
serves as fiscal agent; 
B. 
No requirement exists for separate budget approval and 
taxation; and 
c. 
School 
construction 
may 
not 
be 
proposed 
for 
early 
intervention or special education purposes. 
3. 
Plan. 
A plan for a regional program saall-ae is subject 
to approval by the commissioner prior to its implementation. 
The 
plan saall must specify: 
A. 
The objectives and functions to be performed by the 
regional program; 
B. 
The method of fiscal operation and cost sharing; 
c. 
The method of entering into and withdrawing from the 
agreement; 
D. 
The method of administering the regional program; 
E. 
The 
method 
of 
involving 
parent 
and 
community 
participation: and 
F. 
The school administrative unit that saall-aeE acts as 
fiscal agent for the regional program. 
4. 
Funding. 
The regional program saall must be supported 
by funds included in the early intervention and special education 
appropriations of each of the member school administrative units. 
Sec. 31. 20·A MRSA §7254. as enacted by PL 1981, c. 693, §§5 
and 8, is amended to read: 
§7254. Contractual programs for nonresident children 
Another state, subdivision or private person, firm or agency 
may contract with a private school in this State to provide ~ 
intervention or 
special 
education 
for 
children 
who 
are 
not 
residents 
of 
this 
State. 
A 
program 
for 
these 
nonresident 
children sHall-ee is subject to approval by the commissioner only 
with respect to the requirements of section 7204, subsection 4. 
Sec. 32. 20-A MRSA §7255, as enacted by PL 1981, c. 693, §§5 
and 8, is amended to read: 
§7255. Other programs 
In addition to, or in place of, those methods listed in this 
chapter, a school administrative unit may make other provisions, 
subject to approval in advance by the commissioner, to ensure the 
education of all eHeepEieBal-sEHaeBEs children with disabilities. 
Sec. 33. 20-A MRSA §7256. as enacted by PL 1981, c. 693, §§5 
and 8, is amended to read: 
§7256. State licensed agencies 
A An early intervention or special education facility may be 
operated in conjunction with or as a part of a state licensed 
agency. 
Sec. 34. 20-A MRS A §7257. as enacted by PL 1983, c. 64, is 
amended to read: 
§7257. General supervision 
All educational programs for 
e*ee~t.4e£la.J.--&I:-\:l-QeBI:-6 children 
wiJ;.lL..Jjisabilities within the State, including all such programs 
administered by any other state or local agency, 
wi±J.--ee ~ 
under the general supervision of the commissioner. 
Sec.35. 20-A MRSA c. 307-A. as amended, is repealed. 
Sec. 36. 20-A MRSA §13024, sub-§l, ,C, as enacted by PL 2005, 
c. 457, Pt. FF, §3, is amended to read: 
C. 
Personnel 
employed 
by 
or 
serving 
the 
school 
administrative unit as contracted service providers; and 
Sec. 37. 20-A MRSA §13024, sub-§l, ,D, as enacted by PL 2005, 
c. 457, Pt. FF, §3, is repealed and the following enacted in its 
place: 
D. 
Personnel for whom certification or authorization is not 
required prior to being hired or being placed under contract 
by a public school or an intermediate educational unit. 
,. 
Sec. 38. 20-A MRSA §13024, sub-§l, 1fE, as enacted by PL 2005, 
c. 457, Pt. FF, §3, is repealed. 
Sec. 39. 22 MRSA §8823, sub-§2, ,C, as enacted by PL 1999, c. 
647, §2, is amended to read: 
C. 
A 
representative 
of hospitals, 
a 
representative 
of 
heal th carriers, a representative of the 
bai-1Ei-~e~e~meRt 
Se~yiees--Sy&~&m-~~~~--~-~~~~~-~~-A7--6eet4eR--++64 
e.arly childhood special education program referred to in 
Title 20-A, chapters 301 and 303 and a representative of the 
department. 
Sec. 40. 26 MRSA §962, sub-§7, 1fA, as amended by PL 2005, c. 
279, §15, 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 
municipality: 
any 
subdivision 
of 
a 
(2) 
Any school, water, sewer, fire or other district: 
(3) 
The Maine Turnpike Authority: 
~4+--~--9Ga~-ef-~i~~~~-f~ae~ieaia~-~~-~-~e~ieRa* 
iRte~megiate--ea~ea~iea-~~~-~~--~~-~4tJe--6Q-AT 
seetieA-+1~Qt 
(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: 
Emergency clause. 
In view of the emergency cited in the 
preamble, this Act takes effect when approved. 
SUMMARY 
This bill consolidates and reorganizes the delivery of early 
childhood 
special 
education 
services 
including 
the 
child 
development services system to achieve efficiencies of cost and 
effectiveness of childhood special education programs.