Resolve, Regarding Legislative Review of Portions of Chapter 101: Maine Unified Special Education Regulation Birth to Age Twenty, a Major Substantive Rule of the Department of Education
Maine Legislature, Session 123, LD 1900
Committee Amendment CA_A-HA_B_H623 (House)

HOUSE AMENDMENT "/5,, to COMMITTEE AMENDMENT "A" to H.P. 1333, 
L.D. 1900, "Resolve, Regarding Legislative Review of Portions of Chapter 101: Maine 
Unified Special Education Regulation Birth to Age Twenty, a Major Substantive Rule of 
the Department of Education" 
Amend the amendment by inserting after the first indented paragraph after the title 
the following: 
'PART A' 
Amend the amendment in section 1 by striking out all of subsection 1 (page 1, lines 
to 33 in amendment) and inserting the following: 
' 1. 
The rule must be amended in Section VII by deleting the part of the rule 
designated "3. Determination of Adverse Effect for Children Three to Twenty";' 
Amend the amendment in section 1 in subsection 5 in the 4th line (page 2, line 17 in 
amendment) by striking out the following: "2 years" and inserting the following: '4 
years' 
Amend the amendment in section 1 by renumbering all of the subsections to read 
consecutively 
Amend the amendment by inserting after section 1 the following: 
'PART B 
Sec. B-1. Stakeholder group review of adverse effect. Resolved: That the 
Commissioner of Education shall convene a stakeholder group to examine the federal and 
state rules and Jaws pertaining to the determination of adverse effect for children from 3 
to 20 years of age; and be it further 
Sec. B-2. Stakeholder group membership. Resolved: That the stakeholder 
group consists of 21 members appointed as set out in this section: 
HOUSE AMENDMENT 
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HOUSE AMENDMENT "J, to COMMITTEE AMENDMENT "A" to H.P. 1333, L.D. 1900 
1. Two members who are parents of children with disabilities from birth to 6 years of 
age and who have knowledge of or experience with programs for children with 
disabilities, appointed by the Maine Parent Federation, Inc.; 
2. Two members who are parents of children with disabilities between 6 years of age 
and 20 years of age and who have knowledge of or experience with programs for children 
with disabilities, appointed by the Maine Parent Federation, Inc.; 
3. One member who is a director of a Child Development Services System regional 
site, appointed by the Child Development Services System Site Directors Council; 
4. Two members who are special education directors, appointed by the Executive 
Director of the Maine Administrators of Services for Children with Disabilities; 
5. Two members who are certified special education teachers in a public elementary 
or secondary school, appointed by the Executive Director of the Maine Education 
Association; 
6. One member who is a principal of a public elementary or secondary school and 
who has knowledge of or experience with programs for children with disabilities, 
appointed by the Executive Director of the Maine Principals' Association; 
7. One member who serves as a superintendent of a school administrative unit and 
who has knowledge of or experience with programs for children with disabilities, 
appointed by the Executive Director of the Maine School Superintendents Association; 
8. 
One member who is a provider of related services, appointed jointly by the 
professional associations that represent speech therapists, occupational therapists and 
physical therapists; 
9. One member who is an individual with a disability, appointed by the Executive 
Director of the Disability Rights Center; 
to. One member who is a representative on the Maine Advisory Council for the 
Education of Children with Disabilities, appointed by the chair of the Maine Advisory 
Council for the Education of Children with Disabilities; 
II. 
One member representing the Disability Rights Center, appointed by the 
Executive Director of the Disability Rights Center; 
12. One member representing Pine Tree Legal Assistance, appointed by the Board of 
Directors of Pine Tree Legal Assistance; 
13. 
One member representing the Maine Developmental Disabilities Council, 
appointed by the Executive Committee of the Maine Developmental Disabilities Council; 
14. 
One member representing the Learning Disabilities Association of Maine, 
appointed by the Executive Director of the Learning Disabilities Association of Maine; 
IS. 
One member representing the Autism Society of Maine, appointed by the 
Executive Director of the Autism Society of Maine; 
16. 
One member representing the Maine Children's Alliance, appointed by the 
Executive Director of the Maine Children's Alliance; and 
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HOUSE AMENDMENT b" to COMMITTEE AMENDMENT "A" to H.P. 1333, L.D. 1900 
17. 
One member representing the Department of Education, appointed by the 
Commissioner of Education; and be it further 
Sec. B-3. Chair. Resolved: That the stakeholder group shall appoint a chair 
from among its members; and be it further 
Sec. B-4. Appointments; convening of stakeholder group. Resolvcd: That 
all appointments must be made no later than 30 days following the effective date of this 
resolve. The appointing authorities shall notifY the Commissioner of Education of the 
names of and contact information for the stakeholder group members once all 
appointments have been completed. Within 15 days after appointment of all members, 
the Commissioner of Education shall call and convene the first meeting of the stakeholder 
group and shall notifY the stakeholder group members of the appointments to the 
stakeholder group and the agenda for the organizational meeting of the stakeholder group; 
and be it further 
Sec. B-S. Duties. Resolved: 
That the stakeholder group shall examine the 
portions of "Chapter 10 I: Maine Unified Special Education Regulation Birth to Age 
Twenty," the provisionally adopted rule submitted for legislative review during the First 
Regular Session of the 123rd Legislature by the Department of Education, that pertain to 
the determination of adverse effect and shall develop recommendations to the 
Commissioner of Education regarding any necessary changes to the Chapter 101 rules 
regarding the determination of adverse effect. In completing this task, the stakeholder 
group shall make every effort to avoid duplicating work already completed by the Task 
Force on Eligibility convened by the State Board of Education; and be it further 
Sec. B-6. Technical assistancc; facilitator. Resolved: That the Department 
of Education shall provide necessary staffing services to the stakeholder group including 
funding for an independent facilitator. 
Meetings of the stakeholder group must be 
moderated by the independent facilitator. 
The facilitator selected may not have a 
pecuniary or other vested interest in the outcome of the matters being reviewed and must 
certifY to the Commissioner of Education and the members of the stakeholder group that 
the facilitator has no pecuniary or other vested interest in the outcome of the review. 
Such certification must be made in the manner prescribed jointly by the Commissioner of 
Education and the members of the stakeholder group; and be it further 
Sec. B-7. Meetings. Resolved: That the stakeholder group shall hold up to 5 
meetings, including the organizational meeting convened by the Commissioner of 
Education. The agenda for the organizational meeting of the stakeholder group must 
include: 
1. Selection of a chair; 
2. Selection of an independent facilitator; 
3. Development ofa work plan; and 
4. Scheduling of not more than 4 additional meetings; and be it further 
Sec. B-8. Report. Resolved: That the stakeholder group shall submit a report 
that includes its findings and recommendations, including suggested revisions for those 
portions of "Chapter 101: Maine Unified Special Education Regulation Birth to Age 
HOUSE AMENDMENT 
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HOUSE AMENDMENT ~ 
.. to COMMITTEE AMENDMENT" A" to H.P. 1333, L.D. 1900 
Twenty" that pertain to the detennination of adverse effect, to the Commissioner of 
Education no later than September 28, 2007; and be it further 
Sec. B-9. Adoption of rules. Resolved: That the Commissioner of Education is 
authorized to submit provisionally adopted, emergency major substantive rules for those 
portions of "Chapter 101: Maine Unified Special Education Regulation Birth to Age 
Twenty" that pertain to the determination of adverse effect for legislative review in the 
Commissioner of Education pursuant to this section must expressly consider and address 
the recommendations contained in the report of the stakeholder group submitted under 
section 8.' 
Amend the amendment by relettering or renumbering any nonconsecutive Part letter 
or section number to read consecutively. 
SUMMARY 
This amendment removes the requirements proposed in the committee amendment 
that the rule be amended to establish a definition of the tenn "educational perfonnance," 
to define certain other phrases with reference to the federal regulations and to identify 
what is necessary for documenting intervention strategies. It requires that the rule be 
amended by deleting the part of the rule relating to the determination of adverse effect for 
children 3 to 20. 
The amendment changes the timeline for filing a due process hearing request for 
either a state or federal cause of action under the federal Individuals with Disabilities 
Education Act from 2 years to 4 years. 
The amendment also directs the Commissioner of Education to establish a 
stakeholder group to examine the portions of "Chapter 101: 
Maine Unified Special 
Education Regulation Birth to Age Twenty," the provisionally adopted rule submitted for 
legislative review during the First Regular Session of the 123rd Legislature by the 
Department of Education, that pertain to the detennination of adverse effect and to 
develop recommendations 
the Commissioner of Education regarding any necessary 
changes to the Chapter 1 
rules. 
SPONSORED BY: -.!.---+-J"----+-------I----
(Representative MARLEY) 
TOWN: Portland 
HOUSE AMENDMENT