An Act To Enhance Special Education
Maine Legislature, Session 123, LD 0836
Committee: Education and Cultural Affairs
Sponsors: MAKAS, TURNER, CAIN, EDGECOMB, WEBSTER, DIAMOND
Amends: 20-A MRSA §7209, 26 MRSA §962

Legislative Document 
No. 836 
H.P.635 
House of Representatives, February 23, 2007 
An Act To Enhance Special Education 
Submitted by the Department of Education pursuant to Joint Rule 204. 
Reference to the Committee on Education and Cultural Affairs suggested and ordered 
printed. 
Presented by Representative MAKAS of Lewiston. 
Cosponsored by Senator TURNER of Cumberland and 
!rJ~ 
/J7.7IltU~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: CAIN of Orono, EDGECOMB of Caribou, WEBSTER of Freeport, Senator: 
DIAMOND of Cumberland. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 20-A MRS A §7209, sub-§1, ~, as enacted by PL 2005, c. 662, Pt. A, 
§30, is amended to read: 
B. 
During the period from July 1, 2006 to Sef3tember June 30, ~ 
2008, the 
department, in a manner consistent with the authority of the board of directors of an 
intermediate educational unit, shall eely approve the annual entitlement plan and the 
budget for an intermediate educational unit pursuant to subsection 6 only in 
accordance with the following. 
l3 
(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 with 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 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 3. 
This paragraph is repealed September June 30, ~ 
2008. 
Sec. 2. 20-A MRSA §7209, sub-§2, as enacted by PL 2005, c. 662, Pt. A, §30, is 
amended to read: 
2. 
State-level advisory committee. 
The state-level advisory committee is 
established for the period from July 1, 2006 to Septsmeer June 30, ~ 
2008 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 Sef3tember June 30, ~ 
2008. 
Sec. 3. 20-A MRS A §7209, sub-§3, as enacted by PL 2005, c. 662, Pt. A, §30, is 
amended to read: 
3. State intermediate educational unit. The commissioner shall establish and 
supervise the state intermediate educational unit. The state intermediate educational unit 
Page I -123LR0618(OI)-1 
• 
£. 
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 6 years of age, ensuring the 
provision of early intervention services for eligible children from birth to under 3 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 I, 2006 to September June 30, 
~ 
2008, the state intermediate educational unit shall perform the following statewide 
coordination and administration functions: 
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 I, 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 regioaal 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 entitlement plan described in subsection I, 
including the development of a performance review system to monitor and improve 
regioaal site performance through the use of efficiency ratings aligned with the 
accountability standards and through a compliance plan that requires the regioaal site 
to address the meeting ofunmet 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. 
Sec. 4. 20-A MRS A §7209, suh-§5, as enacted by PL 2005, c. 662, Pt. A, §30, is 
amended to read: 
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 directors' bylaws, subject to approval by the department. This subsection is 
repealed June 30, 2008. 
Sec. 5. 20-A MRS A §7209, sub-§6, as enacted by PL 2005, c. 662, Pt. A, §30, is 
amended to read: 
6. 
Regional site 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 regional site pursuant to 
subsection 1, paragraph B. This subsection is repealed September June 30, ~ 
2008. 
Sec. 6. 20-A MRS A §7209, sub-§7, as enacted by PL 2005, c. 662, Pt. A, §30, is 
amended to read: 
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, ~ 
2008; 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. 
This subsection is repealed June 30, 2008. 
Sec. 7. 20-A MRSA §7209, sub-§8, as enacted by PL 2005, c. 662, Pt. A, §30, is 
amended to read: 
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, 20 
United States Code, Section 1400 et seq.; 
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 6 
years of age, receive free, appropriate public education services, in collaboration with 
school administrative units when possible; 
l3 
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. 
All regional site employees and board of directors members of a regional intermediate 
education unit are employees for purposes of the Maine Tort Claims Act. This subsection 
is repealed June 30, 2008. 
Sec. 8. 26 MRSA §962, sub-§7, ~A, as amended by PL 2005, c. 662, Pt. A, §43, 
is further amended to read: 
A. 
Any officer, board, commission, council, committee or other persons or body 
acting on behalf of: 
(1) Any municipality or any subdivision of a municipality; 
(2) Any school, water, sewer, fire or other district; 
(3) The Maine Turnpike Authority; 
(4) Any board of directors functioning as a regional intermediate education unit 
of the Child Development Services System; 
(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; 
-
SUMMARY 
This bill aligns existing law with the 2004 reauthorization of the federal Individuals 
with Disabilities Education Act and the regulations recently adopted by the United States 
Department of Education. 
The bill ensures state compliance with federal statutes and regulations and ensures 
that the State, school administrative units and other agencies are eligible for continued 
federal assistance. 
The bill specifies that Child Development Services System sites and governing 
boards are covered under the Maine Tort Claims Act; this inclusion expires June 30, 
2008. The bill also specifies that Child Development Services System employees are 
public employees.