An Act to Improve Early Childhood Special Education
Maine Legislature, Session 122, LD 1772
Committee Amendment CA_A_S585 (Senate)
Amends: 5 MRSA §4602, 5 MRSA §12004-G, 5 MRSA §19508, 20-A MRSA §3001, 20-A MRSA §32, 20-A MRSA §6202, 20-A MRSA §6209, 20-A MRSA §7001, 20-A MRSA §7002, 20-A MRSA §7003, 20-A MRSA §7004, 20-A MRSA §7005, 20-A MRSA §7202, 20-A MRSA §7204, 20-A MRSA §7206, 20-A MRSA §7207-A, 20-A MRSA §7207-B, 20-A MRSA §72, 20-A MRSA §7252-B, 20-A MRSA §7257, 20-A MRSA §7302, 20-A MRSA §13024, 20-A MRSA §15672, 22 MRSA §8823, 26 MRSA §962

COMMITTEE AMENDMENT "A" to S.P. 689, L.D. 1772, Bill, "An 
Act To Improve Early Childhood Special Education" 
Amend the bill by striking out everything after the title 
and before the summary and inserting in its place the following: 
'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 
employee 
salary 
and 
benefits 
administration, 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: 
Page l-LR3023(2) 
COMMITTEE AMENDMENT 
,<.~~~. 
4.6 
COMMITTEE AMENDMENT "A" to S.P. 689, L.D. 1772 
PART A 
Sec. A-I. 5 MRSA §4602, sub-§2, as amended by PL 1991, c. 99, 
§28, is further amended to read: 
2. 
Unlawful educational discrimination on the basis of 
physical 
or mental disability. 
It is 
unlawful 
educational 
discrimination in violation of this Act solely on the basis of 
physical or mental disability to: 
A. 
Exclude from participation in, deny the benefits of or 
subject to discrimination under any educational program or 
activity any otherwise qualified individual with physical or 
mental disability; 
B. 
Deny any person equal opportunity in athletic programs, 
provided that no educational institution may be required 
under this subsection to provide separate athletic programs 
to serve persons with physical or mental disability; 
C. 
Deny admission to any institution or program or fail to 
provide equal access to and information about an institution 
or program through recruitment; or 
D. 
Deny financial assistance availability and opportunity. 
Nothing in this subsection may be construed to cover the rights 
of 
eHeep~ieRal--s~aaeB~s children with disabilities to special 
education programs under state or federal law. 
Sec. A-2. 5 MRSA §12004-G, sub-§8-A, as reenacted by PL 2001, 
c. 471, Pt. C, §l and affected by §10, is repealed. 
Sec. A-3. 5 MRSA §19508, as amended by PL 2005, c. 279, §4, 
is further amended to read: 
§19508. 
Application to residents in children's homes 
This chapter also applies to 
eHeep~i-&&a-l--6~QaeR~S children 
with disabilities in children's homes, emergency shelters, family 
foster homes, specialized children's homes and residential child 
care facilities, as defined in Title 22, section 8101, and to 
other residential educational facilities, 
including the Maine 
Educational Center for the Deaf and Hard of Hearing and the 
Governor Baxter School for the Deaf and other similar facilities. 
Sec. A-4. 20-A MRSA §l, sub-§3.A is enacted to read: 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT .. A .. to S.P. 689, L.D. 1772 
A. 
Child with a disability. 
"Child with a disability" 
has the Same meaning as in section 7001. 
Sec. A-S. 20-A MRSA §l, sub-§12, as enacted by PL 1981, c. 
693, §§5 and 8, is repealed. 
Sec. A-6. 20-A MRSA §lOOl, 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 
authority 
to 
sanction 
aB 
eHeepeieBaJ--seaaeBe a 
child with a disability as defined in 
section 7001, 
subsection 6 
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 aB 
eHeepeieaal-seaaeBe a child with a disability up to a maximum of 
days individually or cumulatively for infractions of school 
rules. 
When aB-eH€e~eieBal-seQaeBe 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 
eHee~eieBaJ---seaaeBes 
children 
with 
disabilities 
must 
be 
consistent with the requirements of the federal Individuals with 
Disabilities 
Education 
Act, 
United 
States 
Code, 
Section 
1415(k). 
Sec. A-7. 20-A MRSA §3001, as enacted by PL 1981, c. 693, 
§§5 and 8, is amended to read: 
§300l. 
Schools for children with disabilities 
Private schools whieh that operate programs for 
eHee~eieBal 
seaaeBes 
children 
with 
disabilities 
shall 
conform 
to 
the 
applicable provisions of this chapter and chapters 301 and 303. 
Sec. A-S. 20-A MRSA §32S4-A, sub-§l, as enacted by PL 1985, c. 
490, §7, is amended to read: 
1. 
Special education programs. 
The 
commissioner 
shall 
provide special education and related services to all eHeepeieBal 
seae.eBes children with disabilities of the unorganized territory 
in accordance with the provisions of chapter 303, except that the 
commissioner shall carry out the duties of school administrative 
units and superintendents as described in that chapter. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to S.P. 689, L.D. 1772 
Sec. A·9. 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. 
EHeeptieBa~ 
stQaeBts children with disabilities, as defined in section 7001, 
subsection d 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. A·IO. 20·A MRSA §4801, sub·§l, 1JD, as enacted by PL 1989, 
c. 128, is amended to read: 
D. 
A school administrative unit, operating under a plan 
approved by the commissioner, may provide for the use of up 
to 5 of the 175 instructional days required by this section 
to be used for screening incoming first year students for 
the purpose of identifying 
eHeeptieBa~--stQaeBts children 
with disabilities and students at risk of school failure as 
required by state or federal law. 
Sec. A·II. 20-A MRS A §S201, 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 d 1-B, paragraph -~-
~, 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. A-12. 20-A MRSA §S201, sub-§3, 1fE, as enacted by PL 1981, 
c. 693, §§5 and 8, is amended to read: 
E. 
The eligibility for eHeeptieBal-6t~aeBts a child with a 
disability is governed by section 7001, subsection 6 I-A. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to S.P. 689, L.D. 1772 
Sec. A-13. 20-A MRSA §6202, first 1[, as amended by PL 2005, c. 
446, §3, is further amended 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~ PQ91iely-~Qaaea 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 
eHeep~ieaal--s~Qaea~s children with disabilities 
as 
defined in section 7001, subsection 6 I-A or other students as 
defined under rules by the commissioner. 
Sec. A-14. 20-A MRSA §6209, first 1[, 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'l& 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 
provisions 
for 
instances 
where 
course 
content 
conflicts with sincerely held religious beliefs and practices of 
a student's parent or guardian. 
The system must be 
aaep~ea 
adapted 
to 
accommodate 
eHeepsi-G-aa-l---£t:-l:l.aea~s 
children 
with 
disabilities as defined in section 7001, subsection 6 I-A. 
Sec. A-IS. 20-A MRSA §7001, as amended by PL 2003, c. 676, 
§§1 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. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to S.P. 689, L.D. 1772 
1. 
Agency. 
"Agency" means an agency, school, organization, 
facility or institution. 
I-A. 
Child Developnent Services System. 
"Child Development 
Services System" means regional sites, or their successor sites, 
and the state intermediate educational unit under section 7209, 
subsection 
3, 
or its 
successor, 
established 
to 
ensure 
the 
provision of child find activities, early intervention services 
and 
free, 
appropriate public education services 
to eligible 
children. 
I-B. 
Child with a disability. 
"Child with a disability" 
means: 
4.6 
A. 
For children from birth to under 3 years of age: 
(1) 
A child who 
needs early intervention services 
because 
the 
child 
has 
a 
significant 
developmental 
delay, as measured by both diagnostically appropriate 
instruments and procedures, 
in one or more of the 
following 
areas: 
cognitive 
development: 
physical 
development. 
including 
vision 
and 
hearing: 
communication 
development: 
social 
or 
emotional 
development: and adaptive development: or 
(2) 
A child with 
a 
diagnosed physical 
or mental 
condition that has a high probability of resulting in a 
developmental delay, with the condition being such that 
the child needs early intervention services: or 
B. 
For children at least 3 years of age and under 20 years 
of age evaluated in accordance with the federal Individuals 
with Disabilities Education Act, 
United States Code, 
Section 1414, subsections (a) to (c) as measured by both 
standardized, 
norm-referenced 
diagnostic 
instruments 
and 
appropriate procedures with delays or impairments such that 
the children need special education: 
(1) 
A child at least 3 years of age and under 6 years 
of age with a significant developmental delay, 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) 
A child with at least one of the following: 
COMM/rrEE AMENDMENT 
COMMITTEE AMENDMENT "A" to S.P. 689, L.D. 1772 
(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; 
(i) 
Other health impairment; 
(j) 
Specific learning disabilities; 
(k) 
Deafness and blindness; and 
(1) 
Multiple disabilities. 
I-C. 
Early intervention services. 
"Early 
intervention 
services" means developmental services that are provided under 
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 a child with a disability, as identified 
by the individualized family service plan team, in one or more 
areas 
including 
physical 
development, 
cognitive 
development, 
communication development, 
social or emotional development and 
adaptive 
development; 
meet 
the 
standards 
of 
the 
State; 
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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COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ";1,, to S.P. 689, L.D. 1772 
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2-A. 
Free, 
apprQpriate 
public 
education. 
"Free, 
appropriate 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: include an appropriate preschool. elementary 
school 
or 
secondary school education in the State: 
and are 
provided in conformity with the individualized family service 
plan or individualized education program. 
Preschool children 
with disabilities who reach 5 years of age between September 1st 
and October 15th who 
are already rece1v1ng free, 
appropriate 
public education through the Child Development Services System 
and whose parents choose, in accordance with rules adopted by the 
commissioner, not to enroll those children in kindergarten until 
the 
start 
of 
the 
following 
school 
year 
must 
have 
free, 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ·A " to S.P. 689, L.D. 1772 
appropriate public education available to them through the Child 
Development Services System for one additional school year. 
2-B. 
Intermediate 
educational 
unit. 
"Intermediate 
educational 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 
educational unit is considered a local educational agency under 
federal 
law. 
The Child Development Services System regional 
sites are organized as intermediate educational units. 
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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COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to S.P. 689, L.D. 1772 
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4-A. 
Regional site. 
"Regional 
site" 
means 
a 
locally 
governed regional intermediate educational unit established to 
ensure the provision of services to children with disabilities 
under this chapter. 
4-B. 
Related services. 
"Related services" means special 
education transportation and such developmental, corrective and 
other related seryices, as defined by the commissioner, as are 
required to assist children with disabilities to benefit from 
their special education programs. 
5. 
Special education. 
"Special education" means 
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specially 
designed instruction, at no cost to parents, to meet the unique 
needs 
of 
children 
with 
disabilities, 
as 
defined 
by 
the 
commissioner, including: 
A. 
Instruction conducted in the classroom, in the home, in 
hospitals and institutions and in other settings; and 
B. 
Instruction in physical education. 
6. 
Special 
education 
facility. 
"Special 
education 
facility" means a pu~lic or private school, or portion the~ee{ of 
a public or private school, 
intended for use in meeting the 
educational and related needs of eHeept4eBa.,l--s1::l:l:aeats children 
with disabilities. 
7. 
State licensed aqency. 
"State licensed agency" means an 
institution 
or 
facility 
licensed 
by 
the 
State 
to 
provide 
education, emotional or mental health services, alcohol or drug 
rehabilitation, 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 eeate~s services under Title ~4 
34-B, chapter 19~t 3, subchapter 3. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to S.P. 689, L.D. 1772 
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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 
proqram. 
A 
"special 
education 
program" is a full-time or part-time educational program designed 
to 
provide 
an 
equal 
educational 
opportunity 
to 
eaeepEieBa± 
sE~aeBes 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 sha~~ must be provided by qualified individuals employed 
or contracted by the school administrative unit. 
Sec. A-16. 20-A MRSA §7002, as enacted by PL 1981, c. 693, 
§§5 and 8, is repealed. 
Sec. A-17. 20-A MRSA §7003, as enacted by PL 1981, c. 693, 
§§5 and 8, is repealed. 
Sec. A-I8. 20-A MRSA §7004, as enacted by PL 1997, c. 308, 
§1, is repealed. 
Sec. A-19. 20-A MRSA §7005, as reallocated by RR 1997, c. 1, 
§20, is amended to read: 
§7005. Special education 
1. 
Rulemaking. 
The commissioner is authorized to adopt 
rules 
necessary 
for 
the 
administration of this 
chapter 
and 
chapters 303 and 305. 
These rules are major substantive rules as 
defined in Title 5, chapter 375, subchapter 2-A. 
The department 
shall 
identify in its 
regulatory 
agenda, 
when 
feasible, 
a 
proposed rule or provision 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 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "4" to S.P. 689, L.D. 1772 
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. A-20. 20-A MRS A §7006 is enacted to read: 
§7006. 
Responsibility 
The 
Department of Education is designated as the state 
education 
agency 
responsible 
for 
carrying 
out 
the 
State's 
obligations 
under 
the 
federal 
Individuals 
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 
children 
with 
disabilities 
shall 
comply 
with 
the 
federal 
Individuals with Disabilities Education Act, as amended, and all 
federal regulations adopted under the Act. 
Sec. A-21. 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. A-22. 20-A MRS A §7201, as amended by PL 1995, c. 95, 
§l, is further amended to read: 
§7201. Policy and purpose 
The policy of the State for the education of eHeep1:ieBa± 
s1:QQeB1:s children with disabilities is as follows. 
1. 
Equal educational opportunities. 
All students shaH 
~ 
be provided with equal educational opportunities and all 
school 
administrative 
units 
shall 
provide 
equal 
educational 
opportunities 
for 
all 
eHeep1:4eBa~---S&aeeB1:s 
children 
with 
disabilities. 
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COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to S.P. 689, L.D. 1772 
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eemmissieReFT 
2-A. 
Batural or least restrictive environment. 
To 
the 
maximum extent appropriate: 
A. 
Early intervention services must be provided in natural 
environments, including the home, and community settings 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 diagnosed as deaf. 
AR--eK-€e~.t:.4eRal 11 studentT 
diagnosed as deafT-£Rall must be educated with 
Fe§a~aF students 
without disabilities whenever possible and shall must be educated 
under 
the 
principle 
of 
the 
least 
restrictive 
educational 
a~eeFRaeive environment as set forth in state laws and rules and 
federal laws and regulations. 
4. 
Parent's riqht to be a member of the team. 
Parents, 
4.6 
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. 
Page l3-LR3023(2) 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT .. 4 .. to S.P. 689, L.D. 1772 
5. 
Blind students; Braille instruction. 
All students may 
receive instruction in Braille reading and writing as part of 
their 
individualized 
family 
service 
plans 
or 
individualized 
education 
F~aRs programs. 
A student may not 
be denied the 
opportunity of instruction in Braille reading and writing solely 
because the student has some remaining vision. 
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 F~aR programs must be documented in 
the 
individualized 
family 
service 
plan 
or 
individualized 
education F~aR program. 
6. 
Participation in cocurricular activities. 
Eligibility 
for 
aa--eKeeFtieaa~--6t~QeRt 
a 
child with 
a 
disability 
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 
eHeeFtieRa~ity 
disability, FFe .... iEleG-that only if the student is satisfactorily 
completing the requirements of the educational components of an 
individualized family service plan or individualized education 
F~aR program 
and 
is otherwise in compliance 
with the 
F~aR 
program. 
If the student is not satisfactorily completing the 
educational components of an individualized family' service plan 
or individualized education F~aR program or is not otherwise in 
compliance with the 
F~aR program, the student's eligibility may 
be 
determined in the 
same 
manner 
as 
the eligibility of 
a 
ReaeHeeFtieaaJ--st~Qeat child without disabilities who 
is not 
satisfying the applicable academic standards. 
Sec. A-23. 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 special education; 
2. 
Records. 
Make and keep current records of eHeeFtieaa~ 
st~Qeats children with disabilities within its jurisdiction, as 
required by rules established by the commissionerT and institute 
procedures whieh that guarantee the confidentiality of these 
records in accordance with state and federal law; 
2-A. 
Assist advocates for developmentally disabled. Assist 
the 
PFeteetieR--anQ--~~~--~-~--~h&--~e 
.... e~eFffieRta~~y 
~isaBJeQ--ia--MaiRe advocacy 
agency designated under Title 
5, 
section 19502 in conducting an investigation, pursuant to Title 
~, section ~994 19505, subsection 4, by providing access to 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT .. A .. to S.P. 689, L.D. 1772 
relevant case records, notifying parents or guardians of these 
investigations and ay 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 eQ~eatieBal-Qia~Besis 
aBe-eva~~atieB-Beeessa~y the evaluations and assessments required 
by the federal Individuals with Disabilities Education Act, 
United States Code, Section 1400 et seq., as amended, to plan and 
implement a special education program for 
eHeept.,ieBa.,l--s-t-~QeBts 
children with disabilities at least 3 years of age and under 20 
years of age within its jurisdiction; 
4. 
Plan. 
Submit a plan for its special education programs 
to 
the 
commissioner 
for 
approval 
in 
accordance 
with 
rules 
established by the commissioner; 
5. 
Special 
education 
and early intervention 
Provide special education for each eHeepti&&al--st.QaeBt. 
child with a disability within its jurisdiction; 
services. 
eligible 
5-A. 
Diploma requirements. 
Award a high school diploma to 
each eHeeptieBa*-st.~eeBt. 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.~aeBt.~s 
child's 
individualized education plaB program; 
6. 
Compliance. 
Provide 
the 
commissioner 
with 
the 
information the commissioner may require to determine compliance 
with this chapter; 
7. 
Notice of parent' s riqht to be a member of the team. 
Notify in writing 
~he 
eHeept.,ieBaJ--s-t~QeBt.~s parent, surrogate 
parent or guardian of 
t.hei~ the child with a disability of that 
person's right to be a member of the team and place a copy of the 
notice in the eHeept.ieBal 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 
eHeept.,ieBaJ--s-t.~eeBt.s 
children 
with 
disabilities, 
or 
give 
assurances 
that 
other 
facilities in the school administrative unit are adequate to meet 
the needs of those students; 
9. 
Securinq parental permission. 
For the 
P~et.e€t.-i-e£--aBe 
Aeveeaey-~~-~~--th&-QeveJepmeBt.aJJy-~~~-~-MaiBe agency 
conducting studies pursuant to Title aa ~, chapter 99~ 511: 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to S.P. 689, L.D. 1772 
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 a!1 
eHeept.49BaJ.--&~l:lQe!1~ 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 eHeep~~e!1a~-6~l:lQeB~~6 child's permanent record. 
Sec. A-24. 20-A MRS A §7203, as enacted by PL 1981, c. 693, 
§§5 and 8, is repealed. 
Sec. A-2S. 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. 
Related services. 
Shall 
provide, 
or 
cause 
to 
be 
provided 
by 
adminis"trative 
units 
operating 
schools, 
all 
61:lppe~4;-:i: ..... e- a66ist~-a!1El related services, as defined in rules 
the commissioner establishes, required by 
a!1--e£-eept.-i~l--&~l:lEleB4; 
a child with a disability so that the 
s~l1Qe!1~ child may benefit 
from equal educational opportunities; 
2. 
State plan. 
Shall make and annually review a state plan 
for 
education 
of 
all 
eHeept.49BaJ.---&~l:lEle!1~6 
children 
with 
disabilities in the State. 
The State's plan may not reguire 
services that exceed m1n1mum 
federal 
reguirements. 
The plan 
sAa~l must be available to the public on request. 
The department 
is the entity responsible for assigning financial responsibility 
among 
appropriate agencies 
as 
reguired under Part C of the 
federal Individuals with Disabilities Education Act. 
United 
States Code, Section 1401 (8), Section 1412 (a)(l2)(A,B,C) and 
Section 
1435 
(a)(10)(C) 
and 
continues 
to 
serve 
pursuant to 
Section 1435 (a) (10) as the single line of responsibility for 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT 'A " to S.P. 689, L.D. 1772 
carrying 
out 
the 
general 
administration 
and 
supervision of 
programs 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; 
for: 
3. 
School year. 
May approve special education programs 
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 approve plans for all early 
intervention and special education programs. 
The criteria for 
approval sha~~ ~ 
include: 
A. 
Requirements for admission; 
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 
5. 
Due process. 
Shall: 
A. 
Adopt or amend rules to assure and protect the rights of 
due 
process 
for 
eHeepE49Ba*---s~~eeB~s 
children 
with 
disabilities; and 
B. 
Inform and train each school administrative unit on 
eHeep~i9Ba~---SEQeeB~S~ 
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 
sha~~ may not be designed to 
transfer the responsibility for or actual development of the plan 
or report. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT .. A 
.. to S.P. 689, L.D. 1772 
Sec. A-26. 20-A MRSA §7206, sub-§l, as amended by PL 1999, c. 
424, Pt. A, §5, is further amended to read: 
1. 
Comp1aint. 
An 
interested party may 
file with 
the 
commissioner 
a 
written 
complaint 
alleging 
that 
a 
school 
administrative 
unit 
or 
private 
school 
serving 
eHeept::i:sBa;I. 
st:aaeBt:s children with disabilities has failed to comply with 
this 
chapter. 
The 
complaint 
must 
allege 
a 
violation that 
occurred not more than one year prior to the date that the 
complaint is received unless 
a 
longer period is reasonable 
because a violation is continuing or the complaint is requesting 
compensatory services for a violation that occurred not more than 
years prior to the date the complaint is received. 
Sec. A-27. 20-A MRSA §7207-A, sub-§2, as amended by PL 1989, 
c. 700, Pt. 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--eK-eept-4.-en&1--s1;aaeBt: 
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 
eHeept:isBa±-st:aaeBt: child with a disability. 
When aB-eHeept::i:sBa;I. 
st:aaeBt: 
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. A-28. 20-A MRSA §7207-B, sub-§3-A, as enacted by PL 1997, 
c. 441, §1, is repealed. 
Sec. A-29. 20-A MRSA §7207-B, sub-§4, as amended by PL 1985, 
c. 797, §41, is further amended to read: 
4. 
Hearing officers, immunity. The State shall t:Fa:i:B ensure 
that impartial hearing officers meet the criteria contained in 
the 
federal 
Individuals with Disabilities Education Act. 
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 
duties 
as 
hearing officers, 
shall--ae 
are 
considered 
state 
employees and shall--ae are entitled to the immunity provided 
state employees under the Maine Tort Claims Act. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT .. A 
.. to S.P. 689, L.D. 1772 
Sec. A-30. 20,:,A MRSA §§7209 and 7210 are enacted to read: 
§7209. 
General administration and supervision 
1. 
Department of Education. 
The department shall serve as 
the lead agency for the statewide system pursuant to 20 United 
States 
Code, 
Section 
1435, 
including the 
identification and 
coordination 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 oyer child find 
as proyided 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. 
A. 
The 
commissioner 
or 
the 
commissioner's 
designee 
is 
responsible for deyeloping 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 seq. 
B. 
During the period from July 1. 2006 to September 30, 
2007, 
the department, 
in 
a 
manner 
consistent with the 
authority of the board of directors of 
an' intermediate 
educational unit. shall only approve the annual entitlement 
plan and the budget for an intermediate educational unit 
pursuant to subsection 6 in accordance with the following. 
(1) 
The department shall approve the entitlement plan 
and the budget if the provisions of the entitlement 
plan 
and 
the 
budget 
are 
in 
compliance 
with 
the 
statewide 
standards 
established 
by 
the 
state 
intermediate educational unit pursuant to subsection 3 
for 
the 
purpose 
of 
ensuring 
coordinated 
service 
delivery in each region of the State. 
(2) 
In the event that the department determines that 
the provisions of the annual entitlement plan and the 
budget 
presented 
by 
a 
board 
of 
directors 
of 
an 
intermediate educational unit are not in compliance 
wi th the statewide standards established pursuant to 
subsection 3, the department shall require the board of 
directors 
of 
the 
intermediate 
educational 
unit 
to 
revise and resubmit the annual entitlement plan and the 
budget in a reasonable amount of time as determined by 
the commissioner. 
(3) 
In the event the provisions of the resubmitted 
annual entitlement plan and the 
budget are not in 
compliance with the 
statewide 
standards established 
pursuant to subsection 3, the department is authorized 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT .. A .. to S.P. 689, L.D. 1772 
to determine and approve an appropriate, final annual 
entitlement plan and a 
budget for the intermediate 
educational 
unit 
that 
is 
in 
compliance 
with 
the 
statewide standards established pursuant to subsection 
.h 
This paragraph is repealed September 30, 2007. 
C. 
The 
commissioner or the 
commissioner's 
designee is 
responsible 
for 
ensuring 
legal 
and 
policy 
compliance 
throughout the early childhood special education program by 
reviewing or performing regular audits of program records. 
D. 
The 
commissioner or the 
commissioner's 
designee is 
responsible for ensuring fiscal compliance throughout the 
early childhood special education program by reviewing or 
performing regular audits of program records. 
E. 
The department, 
in consultation with regional sites, 
shall develop an action plan with timelines to achieve 
compliance with federal or state law. 
The department may 
assume 
temporary 
responsibilities 
for 
operations 
at 
a 
regional site that fails to meet compliance requirements. 
2. 
State-level 
adyiso~ 
committee. 
The 
state-level 
advisory committee is established for the period from July 1. 
2006 to September 30, 2007 to advise on the provisions of this 
section. 
Members 
of the state-level 
advisory 
committee 
are 
appointed by' the commissioner and must include representatives 
from each board of directors of a regional site described in 
subsection 5, the early childhood education consultant and the 
director 
of 
early 
childhood 
special 
education 
within 
the 
department. 
This subsection is repealed September 30, 2007. 
3. 
State intermediate educational unit. 
The commissioner 
shall establish and supervise the state intermediate educational 
unit. 
The state intermediate educational unit is established 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 
years of age, 
ensuring the 
provision of early intervention services for eligible children 
from birth to 
under 
years 
of 
age 
and ensuring 
a 
free, 
appropriate public education for eligible children at least 3 
years of age and under 6 years of age. 
For the period from July 
1, 2006 to September 30, 2007, the state intermediate educational 
unit shall perform the 
following 
statewide coordination and 
administration functions: 
COMMITTEE AMENDMENT 
4.6 
COMMITTEE AMENDMENT ,~" to S.P. 689, L.D. 1772 
A. 
Establish 
standard 
policies 
and 
procedures 
for 
a 
statewide 
salary 
and 
benefits 
administration 
system, 
including personnel classifications, position descriptions 
and 
salary 
ranges, 
and 
a 
standard 
package 
of 
health, 
retirement and other fringe benefits for Child Development 
Services System personnel, which must be included in the 
annual entitlement plan described in subsection 1 beginning 
in fiscal year 2006-07: 
B. 
Develop a statewide salary and benefits administration 
system 
and 
perform 
the 
payroll 
functions 
for 
Child 
Development Services System personnel: 
C. 
Establish a 
centralized system for 
statewide fiscal 
administration to be implemented by September 1, 2006. 
The 
state intermediate educational unit shall establish internal 
controls and implement accounting policies and procedures in 
accordance with standards set forth by the State Controller: 
D. 
Develop 
and 
implement 
a 
centralized data management 
system to be fully operational beginning July 1, 2007: 
E. 
Establish a standard, statewide template for regional 
site contracts with therapeutic service providers, including 
policies and procedures for the review of contracts, that 
must be included in the annual entitlement plan described in 
subsection 1. beginning in fiscal year 2006-07: 
F. 
Refine program accountability standards for compliance 
with federal mandates that must be included in the annual 
enti tlement plan described in subsection 1. including the 
development of a performance review system to monitor and 
improve 
regional 
site 
performance 
through 
the 
use 
of 
efficiency ratings aligned with the accountability standards 
and through a 
~ompliance plan that requires the regional 
site to address the unmet needs of eligible children in 
accordance with specific targets and time frames: 
G. 
Design 
and 
implement 
a 
statewide 
plan 
to 
provide 
professional development and training to Child Development 
Services System personnel: and 
H. 
Employ professional and other personnel. including those 
necessary to ensure the implementation of the centralized 
fiscal and data management systems. All state intermediate 
educational unit employees are employees for the purposes of 
the Maine Tort Claims Act. 
4. 
Director of early childhood special education. 
The 
commissioner shall appoint and supervise a director of early 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to S.P. 689, L.D. 1772 
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 that include supervision. monitoring. 
data and accountability structures: 
B. 
To 
develop 
statewide 
policies 
and 
procedures 
for 
carrying out federal and state laws and rules relating to 
child find. 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. 
regulations. rules and policies relating to child 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. 
5. 
Regional site board of directors. 
A board of directors 
of 
a 
regional 
site 
is 
responsible 
for 
governance 
of 
its 
activities. including the management and oversight of its general 
operations. 
Membership 
must 
include 
representatives 
of 
the 
regional offices of the Department of Health and Human Services. 
representatives of participating school 
administrative units. 
parents of children with disabilities and other community members 
as determined appropriate. 
A regional site board member or a 
board member's employer may not. during the term for which the 
member 
serves 
on 
the 
board. 
derive 
any 
revenue 
from 
work 
performed 
for 
the 
Child 
Development 
Services 
System. 
A 
representative of 
a 
participating school 
administrative unit 
whose participation in the Child Development Services System is 
limited to work performed for the school administrative unit is 
exempt 
from 
the 
requirements 
of this 
subsection. 
Terms 
of 
membership and methods of appointment or election for each board 
of directors must be 
determined by the board of director's 
bylaws. subject to approval by the department. 
6. 
Regional si te board of directors; 
annual entitlement 
plan: site budget approval. 
A board of directors of a regional 
site is entitled to receive annual grant award allocations that 
are approved by the department in accordance with the approval 
provisions for the annual entitlement plan and the budget for a 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT .. A .. to S.P. 689, L.D. 1772 
regional 
site pursuant to 
subsection 1, 
paragraph B. 
This 
subsection is repealed September 30. 2007. 
7. 
Regional site: administration. 
A board of directors of 
a regional site shall: 
A. 
Hire. fire and supervise the staff of the regional site 
according 
to 
the 
job 
classifications. 
pay 
scales 
and 
personnel policies established by the state intermediate 
educational unit established under subsection 3: 
B. 
Enter into contracts. leases and agreements and any 
other 
instruments 
and 
arrangements 
that are necessary. 
incidental or convenient to the performance of its duties 
and the execution of its powers under this chapter. using 
forms and procedures developed by the department: 
C. 
Ensure data entry and reporting through June 30. 2007: 
and 
D. 
Provide fiscal management of money allocated to it. in 
compliance with federal and state laws and subject to proof 
of an annual audit. 
8. 
Regional site: duties and obligations. 
A board of 
directors of a regional site shall: 
A. 
Ensure provision of child find activities as required by 
the federal Individuals with Disabilities Education Act. 20 
United States Code. Section 1400 et seq.: 
B. 
Ensure provision of childcount activities as required by 
the federal Individuals with Disabilities Education Act. 20 
United States Code. Section 1400 et seq.: 
C. 
Ensure 
appropriate data collection. 
training. 
staff 
development 
and 
direct 
service 
provision 
to 
eligible 
children with disabilities. from birth to under 3 years of 
age. in accordance with Part C of the federal Individuals 
with Disabilities Education Act. 
United States Code. 
Section 1400 et seg.: 
D. 
Ensure that eligible children with disabilities. from 
birth to under 3 years of age. receive early intervention 
services. 
in 
accordance 
with 
the 
payment 
provisions 
established by the State: 
E. 
Ensure that eligible children with disabilities, from 3 
years 
of 
age 
to 
under 
years 
of 
age, 
receive 
free. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ·A " to S.P. 689, L.D. 1772 
appropriate public education services, in collaboration with 
school administrative units when possible: 
F. 
Coordinate with eligible families the development of 
individualized 
family 
service 
plans 
for 
children 
with 
disabilities from birth to 2 years of age or coordinate an 
individualized education program for a child 3 years of age 
to under 6 years of age unless an individualized family 
service plan is preferred: and 
G. 
Designate local personnel for training to commit funds 
for 
free, 
appropriate 
public 
education. 
Personnel 
who 
commit funds for free, appropriate public education must be 
trained and certified by the state intermediate educational 
unit established under subsection 3. 
The board of directors 
of 
a 
regional 
site 
shall 
determine 
which 
trained 
and 
certified personnel may commit funds. 
§7210. 
Conflict of interest 
Notwithstanding Title 5, section 18, subsection 1, paragraph 
B, all members of the state-level advisory cpmmittee established 
under section 7209, subsection 2 and all employees, contractors, 
agents 
and 
other 
representatives 
of 
the 
state 
intermediate 
educational 
unit 
are 
deemed 
executive 
employees 
solely 
for 
purposes of Title 5, section 18. 
The Department shall provide 
training to participants to ensure compliance with conflict of 
interest reguirements. 
Sec. A-31. 20-A MRSA §72S2-A, as enacted by PL 1987, c. 395, 
Pt. A, §76, is amended to read: 
§7252-A. 
Early intervention; special education programs; approval 
Speeia± Early intervention and special education programs 
may be established for the delivery of early intervention and 
special education services to eHeep~i&&a~-6~QQeR~S children with 
disabilities in accordance with section 7204, subsection 4. 
An 
early intervention program may be· provided by an intermediate 
educational unit, an approved private school or a state licensed 
agency. 
A 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 saa~~ must: 
1. 
Supervision. Be provided under the supervision of the 
school administrative unit responsible for the education of the 
eHeep~ieRaJ--S~aQeRE child with a 
disability enrolled in the 
program; 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT .. A 
.. to S.P. 689, L.D. 1772 
2. 
Description. 
Be 
described 
agreement 
between 
the 
agency 
or 
commissioner; and 
in 
a 
master 
contractual 
private 
school 
and 
the 
3. 
Approval. Be approved in advance of the enrollment of 
any eHee~EieBa~-6EQeeBE child with a disability. 
Sec. A-32. 20-A MRSA §7252-B, as enacted by PL 1987, c. 395, 
Pt. A, §76, is amended to read: 
§7252-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 
Q£ special education services. 
Each intermediate educational 
unit, approved private school or state licensed agency providing 
early intervention services shall submit a report at such time 
and in such form as the commissioner may require. 
Each school 
administrative unit, approved private school or 
~ieeB6ee state 
licensed agency providing special education services shall submit 
a report at such time and in such form as the commissioner may 
require. 
Sec. A-33. 20-A MRS A §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 eHee~EieBa~-6EQeeBE6 children with disabilities. 
Sec. A-34. 20-A MRSA §7257, as enacted by PL 1983, c. 64, is 
amended to read: 
§7257. General supervision 
All educational programs for 
eHee~~.,ie£a.J.--&&1*EieBt::s children 
with disabilities within the State, including all such programs 
administered by any other state or local agency, wil-l--ae .ru:..e. 
under the general supervision of the commissioner. 
Sec. A-35. 20-A MRSA §7302, sub-§2, as amended by PL 2005, c. 
153, §6, is further amended to read: 
2. 
Private 
purpose agencies. 
special education facilities; private general 
Private agencies that operate facilities that 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to S.P. 689, L.D. 1772 
exclusively serve eHeepEieaal-s~~aeR~s children with disabilities 
and private general purpose agencies that receive state aid for 
special education programs shall comply with the following in 
computing tuition rates. 
A. 
All 
tuition rates 
are 
subject to 
approval 
by 
the 
conunissioner. 
B. 
The tuition rates may not exceed the actual per student 
cost incurred in the operation during the' preceding school 
year. 
C. 
The conunissioner shall adopt or amend rules to define 
allowable expenditures used to determine per student costs. 
D. 
An 
agency 
shall 
file 
an 
annual 
financial 
report 
detailing the allowable expenditures and the computation of 
the 
tuition 
rate 
at 
such 
time 
and 
in 
the 
form 
the 
conunissioner may require. 
E. 
Increases in the tuition rate from one year to the next 
may 
not 
exceed 
the 
tuition 
rate 
established 
through 
negotiation unless evidence is presented to the conunissioner 
that a hardship will exist if a higher rate of increase is 
not approved, and this evidence is determined sufficient by 
the commissioner. 
F. 
The commissioner shall establish a tuition rate for new 
special 
education 
programs 
in 
special 
purpose 
private 
schools and private general purpose agencies based on the 
estimated allowable costs of these schools. 
Sec. A·36. 20·A MRSA §7502, as amended by PL 1991, c. 655, 
§6, is further amended to read: 
§7502. 
State institutions 
The director of a 
state institution shall apply to the 
superintendent of the school administrative unit in which the 
institution is located, or in any adjoining unit, for children in 
the institution to attend that unit's schools. 
These eHeep~ieRal 
st;~El.eat;s children with disabilities are entitled to attend under 
the same conditions as apply to students residing in the school 
administrative 
unit 
and 
under 
the 
rules 
of 
the 
department 
relating to special education. 
4.6 
Sec. A·37. 20·A MRSA c. 307.A, as amended, is repealed. 
Sec. A·38. 20·A MRSA §13024, sub·§l, llC, as enacted by PL 
2005, c. 457, Pt. FF, §3, is amended to read: 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ·4 " to S.P. 689, L.D. 1772 
C. 
Personnel 
employed 
by 
or 
serving 
the 
school 
administrative unit as contracted service providers; and 
Sec. A-39. 20-A MRSA §13024, sub-§l, tn, 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. A-40. 20-A MRSA §13024, sub-§l, 1JE, as enacted by PL 
2005, c. 457, Pt. FF, §3, is repealed. 
Sec. A-41. 20-A MRSA §15672, sub-§30-A, 1[D, as enacted by PL 
2005, c. 2, Pt. D, §36 and affected by §§72 and 74 and c. 12, Pt. 
WW, §18, is amended to read: 
D. 
Special 
education 
costs 
that 
are 
the 
costs 
of 
educational 
services 
provided 
to 
students 
who 
are 
temporarily 
unable 
to 
participate 
in 
regular 
school 
programs. 
Students 
who 
may 
be 
included 
are 
pregnant 
students, hospitalized students or those confined to their 
homes for illness or injury, students involved in substance 
abuse programs within hospital settings or in residential 
rehabilitation facilities 
licensed by 
the 
Department 
of 
Health and Human Services, Office of Alcoholism and Drug 
Abuse Prevention for less than 6 weeks duration or students 
suffering 
from 
other 
temporary conditions 
that prohibit 
their attendance at school. 
Students served under this 
paragraph 
may 
not 
be 
counted 
as 
eHee~~ieBa~--5~~aeB~s 
children with disabilities for federal reporting purposes. 
Sec. A-42. 22 MRSA §8823, sub-§2, 1JC, as enacted by PL 1999, 
c. 647, §2, is amended to read: 
C. 
A 
representative 
of hospitals, 
a 
representative 
of 
health carriers, a representative of the 
~hi~e-~e~epfReBt; 
SeFviees--Sys~em-~s&a&~~&aeG--~-~~~~~-~~--5ee~4eB--++64 
early childhood special education program under Title 20-A, 
chapter 303 and a representative of the department. 
Sec. A-43. 26 MRSA §962, sub-§7, 1JA, 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: 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to S.P. 689, L.D. 1712 
(1) 
Any 
municipality 
or 
any 
subdivision 
of 
a 
municipali ty; 
(2) 
Any school, water, sewer, fire or other district; 
(3) 
The Maine Turnpike Authority; 
f4}--~~~-e£-~~~~~-~aae&ieai~-a£-~-~e~ieBal 
iB&e~meQiase--&Qaea&iea-~~-~~-~~-~4~~e--aQ-AT 
seesieB-++;lQt 
(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; 
Sec. A-44. Effective date. That section 
repeals the Maine Revised Statutes, Title 
takes effect June 30, 2006. 
PARTB 
of this Part that 
20-A, chapter 307-A 
Sec. 
B~l. Adoption of rules. 
The 
major 
substantive 
rules 
adopting the unified eligibility provisions for early childhood 
special 
education 
and 
other 
special 
education 
programs 
for 
eligible persons from birth to 20 years of age, pursuant to the 
Maine Revised Statutes, Title 20-A, section 7005, subsection 1, 
must be presented by the Department of Education for legislative 
review in the First Regular Session of the 123rd Legislature, 
except that the Commissioner of Education may adopt a rule for 
the unified eligibility provisions for early childhood special 
education 
and other 
special education programs 
for eligible 
persons from birth to 20 years of age for the state fiscal year 
2006-07 as an emergency rule pursuant to Title 5, section 8073. 
Notwithstanding 
Title 
5, 
section 
8052, 
subsection 
1, 
the 
Department of Education must 
hold 
a 
public hearing on 
the 
emergency, 
major 
substantive 
rule 
adopted 
pursuant 
to 
this 
section. 
The commissioner shall report to the joint standing 
committee of the Legislature having jurisdiction over education 
and cultural affairs by February 15, 2007 on the emergency, major 
substantive rule established for fiscal year 2006-07. 
PARTe 
Sec. C-l. Subcommittee established. 
The Subcommittee To Study 
Early Childhood Special Education, referred to in this Part as 
"the 
subcommittee," 
is established to 
study early childhood 
special education programs and services provided for infants and 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to S.P. 689, L.D. 1772 
young children from birth to 8 years of age. 
The subcommittee 
shall function as a 
subcommittee of the Task Force on Early 
Childhood, an initiative of the Children's Cabinet established 
pursuant to the Maine Revised Statutes, Title 5, chapter 439 that 
proposes 
to 
implement 
a 
state plan for 
comprehensive early 
childhood systems. 
Sec. C-2. Subcommittee membership. 
The subcommittee consists 
of no more than 28 members appointed as follows: 
1. Two members of the Senate, one belonging to the political 
party holding the largest number of seats in the Senate and one 
belonging to the political party holding the 2nd largest number 
of seats in the Senate, appointed by the President of the Senate; 
2. 
Two 
members 
of 
the 
House 
of 
Representatives, 
one 
belonging to the political party holding the largest number of 
seats in the House' of Representatives and one belonging to the 
poli tical party holding the 2nd largest number of seats in the 
House of Representatives, appointed by the Speaker of the House; 
3. Twenty-four members appointed jointly by the Commissioner 
of Education and the Commissioner of Health and Human Services, 
who are the lead commissioners for the early childhood priority 
established by 
the Children's Cabinet. 
The 
Commissioner 
of 
Education and the Commissioner of Health and Human Services shall 
appoint subcommittee members 
from a list of 2 to 3 nominees 
submitted 
for 
each 
subcommittee 
position 
by 
the 
respective 
statewide organizations that represent the specified categories 
as follows: 
A. Two members who are parents of infants or toddlers with a 
disability 
that 
have 
knowledge 
of 
or 
experience 
with 
programs for infants and toddlers with disabilities, who are 
nominated by the Maine Parent Federation, 
Inc., 
or its 
successor; 
B. 
Two 
members 
who 
are 
parents 
of 
children 
with 
a 
disability between 3 years of age and 8 years of age that 
have knowledge of or exper,ience with programs for children 
with disabilities, who are nominated by the Maine Parent 
Federation, Inc., or its successor; 
C. 
Two 
members who 
are contracted service providers of 
early intervention and free, appropriate public education 
4,6 
services, who are nominated by the Maine Association for 
Community Service Providers, or its successor; 
D. 
Two members who 
regional site staff 
are Child Development Services System 
who provide direct services, who are 
COMMITTEE AMENDMENT 
4.6 
COMMITTEE AMENDMENT "A" to S.P. 689, L.D. 1772 
nominated by the boards of directors of the regional sites 
within the Child Development Services System; 
E. One member who is a member of a board of 
Child Development Services System regional 
nominated by the boards of directors of the 
within the Child Development Services System; 
directors of a 
site, who are 
regional sites 
F. 
One member who is a director of 
a 
Child Development 
Services System regional site, who is nominated by the Child 
Development Services System Site Directors Council; 
G. One member who is a representative of a Head Start agency 
or program, who is nominated by the Director of the Office 
of Child Care and Head Start in the Department of Health and 
Human Services; 
H. 
One 
member 
who is a 
representative of 
a 
child care 
program, who is nominated by the Director of the Office of 
Child Care and Head Start in the Department of Health and 
Human Services; 
I. 
One 
member 
who 
is 
a 
teacher in an early childhood 
education program for children 4 years of age established by 
a 
public elementary school that includes coordination of 
programs and services for eligible children with a Child 
Development Services System regional site, who is nominated 
by 
the 
Executive 
Director 
of 
the 
Maine 
Education 
Association, or its successor; 
J. One member who is a principal of a public elementary 
school that has 
implemented an early childhood education 
program 
for 
children 
years 
of 
age 
that 
includes 
coordination of programs and services for eligible children 
with a Child Development Services System regional site, who 
is 
nominated 
by 
the 
Executive 
Director 
of 
the 
Maine 
Principals' Association, or its successor; 
K. Two members who are special education directors, who are 
nominated 
by 
the 
Executive 
Director 
of 
the 
Maine 
Administrators of Services for Children with Disabilities, 
or its successor; 
L. 
One member who serves as a superintendent of a school 
administrative unit that has implemented an early childhood 
education program for children 4 years of age that includes 
coordination of programs and services for eligible children 
with a Child Development Services System regional site, who 
is nominated by the Executive Director of the Maine School 
Superintendents Association, or its successor; 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT .. A 
.. to S.P. 689, L.D. 1772 
M. 
One member who serves as a school board member of a 
school administrative unit that has implemented an early 
childhood education program for children 4 years of age that 
includes coordination of programs and services for eligible 
children with a Child Development Services System regional 
site, who is nominated by the Executive Director of the 
Maine School Boards Association, or its successor; 
N. One member who is an individual with a disability, who is 
nominated 
by 
the 
Executive 
Director 
of 
the 
Maine 
Administrators of Services for Children with Disabilities, 
or its successor; 
O. One member who is a representative on the Maine Advisory 
Council for the Education of Children with Disabilities, who 
is nominated by the chair of the Maine Advisory Council for 
the 
Education 
of 
Children 
with 
Disabilities, 
or 
its 
successor; 
P. Two members representing the Department of Education, who 
are nominated by the Commissioner of Education; and 
Q. 
Two members representing the Department of Health and 
Human Services, who are nominated by the Commissioner of 
Health and Human Services. 
Sec. C-3. Chairs. 
The President of the Senate and the Speaker 
of the House shall each select one member appointed in section 2, 
subsection 3 to serve as a cochair of the subcommittee, except 
that the President of the Senate and the Speaker of the House may 
not 
appoint 
a 
Legislator 
to 
serve 
as 
a 
cochair 
of 
the 
subcommittee. 
Sec. C-4. Appointments; convening of subcommittee. 
All the 
appointments must be made no later than 30 days following the 
effective date of this Part. 
The appointing authorities shall 
notify the Executive Director of the Legislative Council once all 
appointments 
have 
been 
completed. 
Within 
days 
after 
appointment of all members, the chairs shall call and convene the 
first meeting of the subcommittee. 
Sec. 
C-S. 
Duties. 
The 
subcommittee 
shall 
examine 
the 
following: 
4.6 
1. 
The extent to which services provided by the early 
childhood special education systems established in the State to 
deliver effective early intervention and free, appropriate public 
education services for eligible children from birth to 8 years of 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to S.P. 689, L.D. 1772 
age are provided in an efficient manner that meets federal and 
state legal requirements; 
2. The extent to which the-existing early childhood systems 
established in the State strike a reasonable balance between the 
cognitive development and the emotional and physical needs of 
young children from birth to 8 years of age; 
3. National trends and relevant models of governing and 
delivering early childhood special education systems in other 
states and jurisdictions that hold the potential for enhancing 
the effectiveness, efficiency or accountability of the early 
childhood special education systems established in the State; 
4. The short-term and long-term costs and benefits of the 
Department of Education plan to restructure the Child Development 
Services System as presented by the Commissioner of Education to 
the Legislature pursuant to Public Law 2005, chapter 12, Part YY 
on November 30, 2005 and as set forth in this Act; and 
5. 
determine 
matter. 
Such 
other 
issues 
as 
the 
to be useful of necessary 
subcommittee 
membership 
in examining this policy 
Sec. C-6. Staff assistance. 
The Department of Education shall 
provide necessary staffing services to the subcommittee. 
Sec. 
C-7. 
Compensation. 
Legislative 
members 
of 
the 
subcommittee 'are entitled to receive the legislative per diem and 
reimbursement for travel and other necessary expenses related to 
their attendance at authorized meetings of the subcommittee. 
Other members of the subcommittee may not receive compensation 
for their participation on the subcommittee. 
Sec. C-8. Report. 
The subcommittee shall submit a report that 
includes its findings and recommendations, including suggested 
legislation, which may include an extension of any of the time 
periods established in the Maine Revised Statutes, Title 20-A, 
section 7209, for presentation to the Commissioner of Education 
and the Commissioner of Health and Human Services, who are the 
lead commissioners for the early childhood priority established 
by the Children's Cabinet, and to the joint standing committee of 
the Legislature having jurisdiction over education and cultural 
affairs and to the joint standing committee of the Legislature 
having jurisdiction over health and human services matters no 
later than January 31, 2007. 
The subcommittee is authorized to 
introduce legislation related to the recommendations contained in 
its report to the First Regular Session of the 123rd Legislature 
at the time of submission of its report. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A" to S.P. 689, L.D. 1772 
PARTD 
Sec. 
D·l. 
Appropriations 
and 
allocations. 
appropriations and allocations are made. 
The 
following 
EDUCATION, DEPARTMENT OF 
Preschool Handicapped 
0449 
Initiative: 
Deappropriates 
funds in fiscal 
appropriates funds in fiscal year 2006-07 in 
savings achieved in fiscal year 2005-06. 
year 
2005-06 
and 
order to recognize 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
Preschool Handicapped 
0449 
2005-06 
($930,000) 
($930,000) 
2006-07 
$930,000 
$930,000 
Initiative: 
Appropriates funds associated with savings in the 
MaineCare program in fiscal year 2005-06 due to a decline in 
enrollment of MaineCare-eligible children. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
Preschool Handicapped 
0449 
2005-06 
$0 
$0 
2006-07 
$214,500 
$214,500 
Initiative: 
Appropriates funds associated with savings in the 
MaineCare program i? fiscal year 2006-07 due to a decline in 
enrollment of MaineCare-eligible children. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
Preschool Handicapped 
0449 
2005-06 
$0 
$0 
2006-07 
$277 , 616 
$277 ,616 
Initiative: 
Appropriates funds associated with savings in the 
MaineCare program in fiscal year 2006-07 due to adherance to 
current eligibility criteria and other changes in evaluations and 
service delivery for MaineCare-eligible children. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to S.P. 689, L.D. 1772 
GENERAL FUJm 
All Other 
GENERAL FUND TOTAL 
Preschool Handicapped 
0449 
2005-06 
$0 
$0 
Initiative: 
Appropriates funds associated with savings 
MaineCare 
program in fiscal 
year 
2006-07 
related to 
programs for MaineCare-eligible children. 
GENERAL FUJm 
2005-06 
All Other 
$0 
GENERAL FUND TOTAL 
$0 
EDUCATION, DEPAR'.t'MImT OF 
DEPARTMENT TO'.rALS 
2005-06 
2006-07 
$544,500 
$544,500 
in the 
autism 
2006-07 
$100,000 
$100,000 
2006-07 
GENERAL FUND 
($930,000) 
$2,066,616 
DEPARTMENT TO'.rAL -
ALL FUNDS 
($930,000) 
$2,066,616 
REALTH AND BOMAR SERVICES, DEPAR'.t'MImT OF 
Medical Care - Payments to Providers 
0147 
Initiative: 
Reduces 
funding associated with 
savings 
in the 
MaineCare 
program 
due 
to 
a 
decline 
in 
enrollment 
of 
MaineCare-e1igible children in the Child Development Services 
System. 
GENERAL .nnm 
2005-06 
2006-07 
All Other 
($214,500) 
($277 , 616) 
GENERAL FUND TOTAL 
($214,500) 
($277 ,616) 
FEDERAL EXPENDITURES FUND 
2005-06 
2006-07 
All Other 
($371,566) 
($476,366) 
FEDERAL EXPENDIWRES FUND TOTAL 
($371,566) 
($476,366) 
Medical Care -
Payments to Providers 
0147 
Initiative: 
Reduces 
funds 
associated 
with 
savings 
in 
the 
MaineCare program in fiscal year 2006-07 due to adherance to 
current eligibility criteria and other changes in evaluations and 
service delivery for MaineCare-eligible children. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT .. )1 .. to S.P. 689, L.D. 1772 
GENERAL FlJRD 
All Other 
GENERAL FUND TOTAL 
FEDERAL EXPENDITURES FlJRD 
All Other 
FEDERAL EXPENDITURES FUND TOTAL 
Medical Care - Payments to Providers 
0147 
2005-06 
$0 
$0 
2005-06 
$0 
$0 
2006-07 
($544,500) 
($544,500) 
2006-07 
($934,316) 
($934,316) 
Initiative: 
Reduces 
funds 
associated 
with 
savings 
MaineCare 
program 
in fiscal 
year 
2006-07 
related to 
programs for MaineCare-eligible children. 
in 
the 
autism 
GENERAL FlJRD 
2005-06 
All Other 
$0 
GENERAL FUND TOTAL 
$0 
FEDERAL EXPENDITURES FlJRD 
2005-06 
All Other 
$0 
FEDERAL EXPENDITURES FUND TOTAL 
$0 
HEALTH ABD BlJMAlf SERVICES, DEPAR"XMENT OF 
DEPARTMEHT 'l'O'l'ALS 
2005-06 
GENERAL FOND 
FEDERAL EXPENDITURES FOND 
DEPARTMEHT 'l'O'l'AL -
ALL FUNDS 
SECTIOR TOrALS 
GENERAL FOND 
FEDERAL EXPENDITURES FUND 
SECTIOR roTAL -
ALL FONDS 
($214,500) 
($371,566) 
($586,066) 
2005-06 
($1,144,500) 
($371,566) 
($1,516,066) 
2006-07 
($100,000) 
($100,000) 
2006-07 
($171,592) 
($171,592) 
2006-07 
($922,116) 
($1,582,273) 
($2,504,389) 
2006-07 
$1, 144,5,?0 
($1,582,273) 
($437,773) 
Emergency clause. 
preamble, 
this 
Act 
otherwise indicated.' 
In view of the emergency cited in 
takes 
effect 
when 
approved, 
except 
the 
as 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT .. A 
.. to S.P. 689, L.D. 1772 
SUMMARY 
This amendment is the majority report of the Joint Standing 
Committee 
on Education 
and Cultural Affairs. 
The 
amendment 
strikes and replaces the bill. 
The amendment accomplishes the 
following. 
1. 
It consolidates 
the 
prov1s1ons 
of 
early 
childhood 
special education, from birth to 2 years of age, and of special 
education, 
from 3 years of age to 20 years of age, into one 
unified set of statutory provisions for birth to 20 years of age. 
2. 
It directs the Department of Education to amend the 
department 
rules 
established 
for 
the 
prov1S1on 
of 
special 
education services to eligible children from 5 years of age to 20 
years of age into one unified set of department rules for the 
provision of special education programs and services for eligible 
infants, toddlers and children from birth to 20 years of age. 
The Department of Education must adopt emergency rules, which are 
designated 
as 
major 
substantive 
rules, 
which 
combine 
the 
department 
rules 
in 
rules 
chapter 
established 
for 
the 
provision of special education services to eligible children from 
years of age to 20 years of age with the department rules in 
rules chapters 180 and 182 established for the Child Development 
Services System. 
3. 
recently 
Education 
2004. 
It revises existing state statutes to align with the 
reauthorized 
federal 
Individuals 
with 
Disabilities 
Act, which was amended by the Federal Government in 
4. 
It requires that related servcies be provided at public 
expense to children with disabilities. 
Related services means 
special 
education 
transportation 
and 
such 
developmental, 
corrective 
and 
other 
related 
services, 
as 
defined 
by 
the 
commissioner, 
as 
are 
required 
to 
assist 
children 
with 
disabilities to benefit from their special education programs. 
5. 
It further amends state statutes 
terminology, 
including replacing the term 
with the term child with a disability. 
to ensure consistent 
exceptional student 
6. 
It reorganizes the responsibilities of the Department of 
Education, the state intermediate educational unit and the 16 
regional sites of the Child Development Services System in order 
to enhance the effectiveness of early childhood special education 
programs 
and 
to 
achieve 
efficiencies 
of 
cost 
to 
realize 
administrative 
savings within the 
Child Development 
Services 
System as required by Public Law 2005, chapter 12, Part YY. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT .. A 
.. to S.P. 689, L.D. 1772 
7. 
It establishes initiatives within the early childhood 
special education program that centralize fiscal administration, 
salary and benefits administration and data management policies 
and procedures beginning with the fiscal year starting on July 1, 
2006. 
8. 
It provides the Commissioner of Education with the duty 
to determine and approve the annual entitlement application and 
the budget presented by the respective boards of directors of the 
regional sites within the Child Development Services System. 
9. 
It establishes the Subcommittee To Study Early Childhood 
Special 
Education, 
a 
28-member 
subcommittee, 
to 
study early 
childhood special education programs and services provided for 
infants and young children from birth to 8 years of age. 
The 
subcommittee shall function as a subcommittee of the Task Force 
on Early Childhood, an initiative of the Children's Cabinet that 
proposes 
to 
implement 
a 
state plan for 
comprehensive 
early 
childhood systems. 
The subcommittee shall submit a report to the 
Commissioner of Education and the Commissioner of Health and 
Human 
Services 
and 
to 
the 
joint standing committee 
of 
the 
Legislature 
having 
jurisdiction 
over 
education 
and 
cultural 
affairs and to the joint standing committee of the' Legislature 
having jurisdiction over health and human services matters no 
later than January 31, 2007. 
The subcommittee has the authority 
to submit legislation to the First Regular Session of the 123rd 
Legislature to implement the recommendations contained in its 
report. 
10. 
It adds an appropriations and allocations section. 
FISCAL NOTE REQUIRED 
(See Attached) 
COMMITTEE AMENDMENT 
Approved: 04/08/06 ~ae 
LD 1772 
LR 3023(02) 
An Act to Improve Early Childhood Special Education 
Fiscal Note for Bill as Amended by Committee Amendment ,A 11 
Committee: Education and Cultural Affairs 
Net Cost (Savings) 
General Fund 
Appropriations! Allocations 
General Fund 
Federal Expenditures Fund 
Legislative Study 
Fiscal Note Required: Yes 
Fiscal Note 
2005-06 
($1,144,500) 
($1,144,500) 
($371,566) 
2006-07 
$1,144,500 
$1,144,500 
($1,582,273) 
Current Costs - Legislative Study 
Projections 
2007-08 
$1,144,500 
$1,144,500 
($1,582,273) 
Projections 
2008-09 
$1,144,500 
$1,144,500 
($1,582,273) 
The projected costs of the four legislative members of the Subcommittee to Study Early Childhood Special Education 
are $1,680 in fiscal year 2006-07. The Legislature's budget includes $20,000 in fiscal year 2006-07 for legislative 
studies. Whether the amount is sufficient to fund all studies will depend on the number of studies authorized by the 
Legislative Council and the Legislature. 
Fiscal Detail and Notes 
Public Law 2005, c. 12, Part YY deappropriated $6,300,000 in fiscal year 2006-07 from the Child Development 
Services (Preschool Handicapped) program within the Department of Education and required the Commissioner of 
Education to develop a plan to restructure the CDS system to achieve savings through administrative and program cost 
efficiencies. The purpose of this legislation is to implement the proposals in the plan to achieve savings through the 
reorganization of the delivery of certain early childhood special education services and the centralization of certain 
administrative services. 
The Department of Education has estimated that these changes will result in total General Fund savings of $6.13 
million over the 2006-2007 biennium with approximately $5.0 million being saved in the Child Development Services 
program and an additional $1.13 million being saved in the MaineCare program within the Department of Health and 
Human Services. Of the $5.0 million in anticipated savings from the Child Development Services program over the 
LR3023(2) - Fiscal Note - Page 1 of 2 
2006-2007 biennium, approximately $0.9 million is expected to be generated in fiscal year 2005-06 and $4.1 million 
generated in fiscal year 2006-07. Since the CDS program General Fund account is not a carrying account, any funds 
remaining at the end of fiscal year 2005-06 will lapse to the General Fund. This bill includes a General Fund 
deappropriation of $930,000 in fiscal year 2005-06 and a General Fund appropriation of $930,000 in fiscal year 2006-
to the Child Development Services program within the Department of Education in order to recognize the FY06 
savings in FY07. 
The bill includes General Fund deappropriations of $214,500 in fiscal year 2005-06 and $922,116 in fiscal year 2006-
for the MaineCare program based on the assumption of savings associated with the decline in enrollment, 
adherence to current eligibility criteria and other changes in evaluations and service delivery and the delivery of 
certain autism programs. The bill also includes Federal Expenditures Fund deallocations of $371,566 in fiscal year 
2005-06 and $1,582,273 in fiscal year 2006-07 associated with the federal Medicaid match. The Department of 
Health and Human Services has not confirmed that these savings can be achieved or will not be offset by other 
increases in MaineCare spending. If net savings are not realized, these deappropriations will make it more difficult for 
the MaineCare program to keep spending within budgeted resources. 
As stated above, the measures proposed in this bill are estimated to generate approximately $6.13 million in savings in 
fiscal year 2006-07 which is $0.17 million below the $6.3 million savings required in FY 2006-07. If additional 
savings are not found, an additional General Fund appropriation may be needed in FY 2006-07 for the Child 
Development Services program for the shortfall. 
LR3023(2) - Fiscal Note - Page 2 of 2