An Act To Improve Efficiency and Effectiveness of Early Intervention and Early Childhood Special Education for Children from Birth to Eight Years of Age through Improved Oversight, Accountability and Interagency Coordination
Maine Legislature, Session 123, LD 1850
Committee: Education and Cultural Affairs
Amends: 5 MRSA §12004-G, 20-A MRSA §3254-A, 20-A MRSA §4252, 20-A MRSA §4253, 20-A MRSA §4255, 20-A MRSA §7001, 20-A MRSA §7209, 20-A MRSA §7210, 20-A MRSA §7210-A, 20-A MRSA §7211, 20-A MRSA §7212, 20-A MRSA §7213, 20-A MRSA §7214, 22 MRSA §8824, 22 MRSA §8943

Legislative Document 
No. 1850 
S.P.666 
April 11, 2007 
An Act To Improve Efficiency and Effectiveness of Early 
Intervention and Early Childhood Special Education for Children 
from Birth to Eight Years of Age through Improved Oversight, 
Accountability and Interagency Coordination 
Reported by Senator MITCHELL of Kennebec for the Subcommittee To Study Early 
Childhood Special Education pursuant to Public Law 2005, chapter 662, Part C, section 8. 
Reference to the Committee on Education and Cultural Affairs suggested and ordered 
printed under Joint Rule 218 . 
Printed on recycled paper 
JOY J. O'BRIEN 
Secretary of the Senate 
Be it enacted by the People of the State of Maine as follows: 
PART A 
Sec. A-I. 5 MRSA §12004-G, sub-§8-B is enacted to read: 
8-D. 
Education 
Early Childhood 
Services 
Interagency 
Coordinating 
Council 
Expenses Only 
20-AMRSA 
§7211 
Sec. A-2. 20-A MRSA §3254-A, sub-§2, as enacted by PL 1985, c. 490, §7, is 
amended to read: 
2. Preschool programs. The commissioner may establish preschool programs for 
aa8dieapped children get,..;ee8 tae ages of with disabilities from 3 aRd years of age to 5 
years of age or contract with school administrative units to provide the programs. 
Establishment of such programs may not affect the duties and responsibilities of boards 
of directors of Child Development Services System regional sites under section 7209, 
subsection 8. Preschool programs under this section are required to collaborate with 
Child Development Services System regional sites. 
Sec. A-3. 20-A MRSA §4252, sub-§4, as amended by PL 1989, c. 548, §3, is 
further amended to read: 
4. Programs for children 4 years of age. Encourage the development of 2-year 
kindergartens in conformity with section 5201, subsection 2, paragraph C and other 
appropriate programs to address the needs of 4 year old children 4 years of age, as long 
as the 2-year kindergartens and other programs to address the needs of children 4 years of 
age are inclusive of children with disabilities; 
Sec. A-4. 20-A MRSA §4253, as amended by PL 1997, c. 534, §l, is further 
amended to read: 
§4253. Local early childhood programs 
School administrative units wishing to develop early childhood programs shall 
submit plan proposals for approval to the department. The department shall encourage 
broad participation and participation with regional Child Development Services System 
sites in the program and shall provide technical assistance to local school administrative 
units in submitting proposals. 
The department shall require such early childhood 
programs to be inclusive of children with disabilities. 
Sec. A-5. 20-A MRSA §4255, as enacted by PL 2005, c. 368, § 1, is amended to 
read: 
§4255. Coordinated early childhood programs for children 4 years of age 
1. Approval process for early childhood education. Any school administrative unit 
that wishes to develop an early childhood program for children 4 years of age must 
submit a proposal for approval to the department. 
Evaluation of the proposal must 
include consideration of at least the following factors: 
A. 
Demonstrated coordination with other early childhood programs in the 
community to maximize resources; 
B. Consideration of the extended child care needs of working parents; tmd 
C. Provision of public notice regarding the proposal to the community being served, 
including the extent to which public notice has been disseminated broadly to other 
early childhood programs in the community.,.; and 
D. Inclusion of children with disabilities. 
2. Rulemaking. The department may adopt rules to implement this section, and any 
rules adopted must include standards for early childhood programs for children 4 years of 
age that are developed by school administrative units. Rules adopted pursuant to this 
subsection are major substantive rules as defined in Title 5, chapter 375, subchapter 2-A. 
Rules adopted pursuant to this subsection must be consistent with common early 
childhood standards adopted pursuant to section 7213, subsection 3, paragraph Band 
section 7214. 
Sec. A-6. 20-A MRS A §7001, sub-§l-A, as enacted by PL 2005, c. 662, Pt. A, 
§ 15, is amended to read: 
I-A. Child Development Services System. "Child Development Services System" 
means regional sites, or their successor sites, tmd the state intermediate educational unit 
under section 7209, subsection 3, or its successor, and the Early Childhood Services 
Interagency Coordinating Council under section 7211, or its successor, established to 
ensure the provision of child find activities, early intervention services and free, 
appropriate public education services to eligible children from birth until 6 years of age 
and their families. 
Sec. A-7. 20-A MRS A §7001, sub-§l-D is enacted to read: 
I-D. Child find. "Child find" means a continuous process of public awareness 
activities, screening and evaluation designed to locate, identify and refer as early as 
possible all young children with disabilities and their families who are in need of Early 
Intervention Program services or Preschool Special Education services under the federal 
Individuals with Disabilities Education Act, Part B, Section 619 and Part C, 20 United 
States Code, Section 1400 et seq. 
Sec. A-S. 20-A MRSA §7001, sub-§l-E is enacted to read: 
I-E. 
Children's Cabinet. 
"Children's Cabinet" means the Children's Cabinet 
established in Title 5, chapter 439. 
Sec. A-9. 20-A MRSA §7001, sub-§l-F is enacted to read: 
I-F. 
Council. 
"Council" means the Early Childhood Services IDteragen9: 
Coordinating Council established in section 7211. 
Sec. A-IO. 20-A MRS A §7005, as amended by PL 2005, c. 662, Pt. A, § 19, is 
further amended to read: 
§7005. Early intervention and 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 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. 
2. Joint rulemaking. The Commissioner of Health and Human Services has joint 
rule-making authority with the commissioner as necessary for adoption of interagencv 
standards across the department and the Department of Health and Human Services and 
for the implementation of the federal Individuals with Disabilities Education Act, Part B, 
Section 619 and Part C, 20 United States Code, Section 1400 et seq. Rules adopted 
pursuant to this subsection are major substantive rules as defined in Title 5, chapter 375, 
subchapter 2-A. 
The provisions of subsection 1 regarding the regulatory agenda, 
regulatory burden and justification of difference between rule and federal statute or 
regulation apply to rules adopted under this subsection. 
This subsection does not 
diminish any authority of the Department of Health and Human Services, the 
Commissioner of Health and Human Services or a designee of the commissioner to enact 
rules that are not under rule-making authority with the Commissioner of Education. 
Sec. A-ll. 20-A MRSA §7209, sub-§l, as enacted by PL 2005, c. 662, Pt. A, 
§30, is amended to read: 
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 liBder until 3 years of age, and shall exercise general 
supervisory authority over child find as provided in 20 United States Code, Section 1412 
(a) (3) and the provision of a free, appropriate public education to children at least 3 years 
of age and under 6 years of age. This subsection is subject to the provisions of 20 United 
States Code, Section 1435(a)(10). 
A. The commissioner or the commissioner's designee is responsible for developing 
and adopting rules necessary to carry out the provisions of the federal Individuals 
with Disabilities Education Act, Part B, Section 619 and Part C, 20 United States 
Code, Section 1400 et seq. 
B. During the period from July 1, 2006 to September 30, ~ 
2008, the department, 
in a manner consistent with the authority of the board of directors of an intermediate 
educational unit, shall only may approve the annual entitlement plan and the budget 
for an intermediate educational unit pursuant to subsection 6 or 6-A, as appropriate" 
only in accordance with the following. 
(1) The department shall approve the entitlement plan and the budget if the 
provisions of the entitlement pl<.n 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 30, ~ 
2008. 
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 responsibility for operations at a regional site that 
fails to meet compliance requirements. The department shall report at least quarterly 
to the council, to the state-level advisory committee established in subsection 2 and to 
other advisory or oversight bodies that may be appropriate about individual sites that 
are under an action plan and about individual sites for whose operations the 
department has taken temporary responsibility. These reports must describe any 
progress or slippage by individual sites in meeting compliance requirements. For an 
inciividual site under an action plan, the reports must describe how long the 
department expects the site to remain under an action plan. For an individual site for 
whose operation the department has taken temporary responsibility, the reports must 
describe when the department expects to return responsibility to the site. 
Ihis paragraph is repealed September 30, 2008. 
E-1. 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 responsibility for operations at a regional site that fails to meet 
compliance requirements. 
The department shall report at least quarterly to the 
council and to other advisory or oversight bodies that may be appropriate about 
individual sites that are under an action plan and about individual sites for whose 
operations the department has taken temporary responsibility. These repOlis must 
describe any progress or slippage by individual sites in meeting compliance 
requirements. For an individual site for whose operations the department has taken 
temporary responsibility, the reports must describe when the department expects to 
return responsibility to the site. 
This paragraph takes effect September 30, 2008. 
F. The department shall make annual grant allocations from available funds to Child 
Development Services System regional sites in accordance with a funding formula 
developed by the department in consultation with the regional sites and adopted by 
rule. 
(l) The funding formula must include consideration of the costs associated with 
administration and organization of the Child Development Services System, child 
find, case management and provision of other services. The funding formula 
must take into consideration other factors, which may include but are not limited 
to a regional site's geographic area, the general population of children from birth 
until 6 years of age, the number of such children served in the previous year, the 
number of such children included in the child count over a 3-year period, the 
average Medicaid enrollment rate, poverty indices, the average rate at which 
families access private insurance in defrayment of costs for services provided by 
the Child Development Services System, the extent to which families have a 
choice of service providers, and cost containment measures. 
(2) The rule establishing the funding formula is a major substantive rule as 
defined in Title 5, chapter 375, subchapter 2-A. 
Sec. A-12. 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 September 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 September 30, ~ 
2008. 
Sec. A-l3. 20-A MRSA §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 
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 uader until 6 years of age, ensuring the 
provision of early intervention services for eligible children from birth to uader until 3 
years of age and ensuring a free, appropriate public education for eligible children at least 
years of age and under 6 years of age. For the period from July 1, 2006 to September 
30, ~ 
2008, the state intermediate ;:ducational 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 1, ;wQa 2007. 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 entitlement 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 compliance 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. 
Sec. A-14. 20-A MRSA §7209, suh-§4, as enacted by PL 2005, c. 662, Pt. A, 
§30, is amended to read: 
4. Director of early childhood special education. The commissioner shall appoint 
and supervise a director of early childhood special education. 
The director shall 
collaborate with the state-level advisory committee established under subsection 2, the 
Commissioner of Health and Human Services and the council in a manner consistent with 
this chapter and 20 United States Code, Section 1441. Beginning September 30, 2008, 
the director shall collaborate with the Commissioner of Health and Human Services and 
with the council in a manner consistent with this chapter and 20 United States Code, 
Section 1441. The director has the following powers, ',1 duties: 
A. To administer the state intermediate educational unit established under subsection 
3. 
The director, in collaboration with the council, shall develop ensure the 
development of operating policies and establish establishment of organizational and 
operational procedures that include supervision, monitoring, data and accountability 
structures and the assignment of financial responsibility in accordance with the 
interagency agreements under section 7213 and state and federal law and regulation; 
B. 
To develop ensure, in collaboration with the council, the development of 
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 l:Hlder until 6 years of age; aOO 
C. To provide ensure the provision of 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 until 6 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~~ 
D. To ensure the monitoring and supervision of support and services provided to 
eligible children and their families, timelines, personnel qualifications and 
compliance with state and federal laws and regulations; and 
E. To report annually to the council 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 on the performance of the Child Development Services System. 
This report must include information on any expansions of the connections of child 
find and service delivery with school administrative units, with the Department of 
Health and Human Services and with medical providers. This report may include 
information on any expansion of the connection of child find with nurse midwives. 
This report must include information on the number of children screened in the 
programs in Title 22, sections 1532, 8824 and 8943, the number of such children 
referred to the Child Development Services System who were found eligible for early 
intervention and the number of such children referred to the Child Development 
Services System who were found ineligible for early intervention. This report must 
also include information on annual performance over at least a 5-year period of each 
individual regional site and of the entire Child Development Services System; must 
benchmark performance against state and national standards; must include 
information about performance in child find, service delivery, service coordination, 
eligibility and exit data for children leaving the Child Development Services System; 
and must describe strategies that the Child Development Services System has 
undertaken to maximize the usage of a broad base of community resources including 
private providers, public schools, resources from other agencies and other available 
resources serving children and families. 
The report must include a copy of the 
interagency agreements under section 7213. The report must be publicly posted on 
the website of the department. 
Sec. A-IS. 20-A MRSA §7209, .ub-§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 geptember 30, 2007 July 1,2008. 
Sec. A-16. 20-A MRSA §7209, sub-§6-A is enacted to read: 
6-A. 
Regional site board of directors; annual entitlement plan; site budget 
approval; July 1, 2008 to September 30, 2008. A board of directors of a regional site is 
entitled to receive annual grant award allocations in accordance with the funding formula 
described in subsection 1, paragraph F that are also 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 takes effect 
July 1, 2008. This subsection is repealed September 30,2008. 
Sec. A-17. 20-A MRSA §7209, sub-§6-B is enacted to read: 
6-B. 
Regional site board of directors; annual entitlement plan; site budget 
approval; effective September 30, 2008. A board of directors of a regional site is 
entitled to receive annual grant award allocations in accordance with the funding formula 
described in subsection 1, paragraph F. This subsection takes effect September 30, 2008. 
Sec. A-18. 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 The board of directors of a regional site 
shall has the duty and responsibility to: 
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 child count 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 uRder until 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 until 3 years of 
age, receive early intervention services, including service coordination, in accordance 
with the payment provisions established by the State; 
E. Ensure that eligible children with disabilities, from 3 years of age to uRder until 6 
years of age, receive free, appropriate public education services, iR 6011aboratioR 
including service coordination, with the regional site collaborating 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 from 3 years of age to uRder until 6 
years of age unless an individualized family service plan is preferred; aHd 
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 and designate 
which trained and certified personnel may commit funds.,.; and 
H. Ensure, in accordance with major substantive rules adopted by the commissioner 
under section 7005, subsection 1, that children from birth until 6 years of age who are 
referred to the Child Development Services System also receive appropriate referrals 
for support outside of the system, including appropriate public and private resources, 
regardless of the child's eligibility for early intervention or free, appropriate public 
education. 
Sec. A-19. 20-A MRSA §7210, as enacted by PL 2005, c. 662, Pt. A, §30, is 
amended to read: 
§7210. Conflict of interest 
Notwithstanding Title 5, section 18, subsection 1, paragraph B, all members of the 
state-level advisory committee established under section 7209, subsection 2, all members 
of the council established under section 7211 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 requirements. 
This section is repealed September 30, 2008. 
Sec. A-20. 20-A MRSA §7210-A is enacted to read: 
§7210-A. Conflict of interest 
Notwithstanding Title 5, section 18, subsection 1, paragraph B, all members of the 
council established under section 7211 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 requirements. 
This section takes effect September 30, 2008. 
Sec. A-21. 20-A MRSA §7211 is enacted to read: 
§7211. Early Childhood Services Interagency Coordinating Council 
The Early Childhood Services Interagency Coordinating Council, as established in 
Title 5, section 12004-G, subsection 8-B, is established as an advisory body to the State 
regarding the coordination of policies and programs aimed at implementing the federal 
Individuals with Disabilities Education Act, 20 United States Code, Section 1400 et seq. 
The membership of the council must meet the requirements of this section and must also 
be in keeping with the federal requirements for a state interagency coordinating council in 
the federal Individuals with Disabilities Education Act, 20 United States Code, Section 
1441. Appointments to the council must be made by the Governor for terms defined in 
rules adopted by the commissioner under section 7005, subsection 1. 
In making 
appointments to the council, the Governor shall ensure that the membership of the council 
reasonably represents the population of the State. The council shall meet as often as 
necessary as determined by the officers of the council but not less than quarterly. The 
council shall meet in such places as the council determines necessary. The meetings must 
be publicly announced and, to the extent appropriate, open and accessible to the general 
public and must comply with freedom of access laws under Title 1, chapter 13, 
subchapter 1. 
The commissioner shall adopt rules under section 7005, subsection 1 
describing the composition of the council, selection process and duties of the members 
consistent with the purposes of the council. 
1. Recommendations. The council shall recommend to the Governor, the Children's 
Cabinet, the commissioner and the Commissioner of Health and Human Services, with 
the advice of the regional site boards of directors, legislation that is needed to maintain or 
further develop the statewide system, for children from birth until 6 years of age, of 
quality early intervention services, early childhood special education services and related 
early childhood services. 
2. Consider issues. The council shall consider, with the advice of the regional site 
boards of directors and the state intermediate educational unit established under section 
7209, subsection 3, contemporary issues affecting early intervention services, early 
childhood special education services and related early childhood services in the State, 
including but not limited to the following: 
A. Successful strategies for early intervention, early childhood special education and 
related early childhood services; 
B. Personnel preparation and continuing education; 
C. Child find activities and methods as required by the federal Individuals with 
Disabilities Education Act, 20 United States Code, Section 1400 et seq.; 
D. 
Public awareness as required by the federal Individuals with Disabilities 
Education Act, 20 United States Code, Section 1400 et seq.; 
E. Contemporary research; 
F. Monitoring and supervision; 
G. Interagency issues, including but not limited to interagency agreements under 
section 7213 and common early childhood standards; 
H. Personnel development and training; and 
I. Data collection, analysis and reporting. 
3. Bylaws. The council shall develop and adopt bylaws for its conduct. 
4. Advise and assist. The council shall advise and assist the department and the 
Department of Health and Human Services in the development and implementation of 
rules and interagency agreements under section 7213 to be carried out by the department 
and the Department of Health and Human Services in support of early intervention, early 
childhood special education and related early childhood services. 
The council shall 
advise and assist the department and the Department of Health and Human Services in the 
identification of the sources of fiscal and other support for services for early intervention 
programs, the assignment of financial responsibility to the appropriate agency or agencies 
and the promotion of the interagency agreements under section 7213. The council shall 
advise and assist the department in the preparation of applications and amendments to 
applications. The council shall advise and assist the department regarding the transition 
of toddlers with disabilities to preschool and other appropriate services. The council shall 
also advise and assist the department regarding the transition of children from the Child 
Development Services System to kindergarten. The council shall also advise and report 
on common standards, interagency focus areas, annual progress, monitoring and 
reporting, centralized interdepartmental training and tracking, development of centralized 
data and the ongoing function of interagency agreements under section 7213. 
5. 
Chair. The council shall annually elect one member to serve as chair. In 
accordance with 20 United States Code, Section 1441(a)(3), a member of the council who 
is a representative or employee of the department may not serve as chair of the council. In 
addition, a member of the council who is a representative or employee of the Department 
of Health and Human Services or a representative or employee of the state intermediate 
educational unit established under section 7209, subsection 3 may not serve as chair of 
the council. 
6. Compensation. The members of the council are entitled to compensation in 
accordance with Title 5, section 12004-G, subsection 8-B. In accordance with the federal 
Individuals with Disabilities Education Act, 20 United States Code, Section 1441(d), 
reasonable expenses for attending council meetings and performing council duties include 
child care for parent representatives. Agency representatives on the council are entitled to 
reimbursement for expenses incurred in the performance of their council duties by the 
nominating agencies in accordance with the provisions for state employees. Consumer 
members are entitled to reimbursement for actual and necessary expenses incurred in the 
performance of their duties. 
7. Staffing. The department, the Department of Health and Human Services and the 
state intennediate educational unit established under section 7209, subsection 3 sbJl 
together provide to the council the equivalent of one full-time professional staff position. 
One half of the full-time-equivalent staff position must be filled by an employee or 
employees of the department or the state intennediate educational unit, and one half of 
the full-time-equivalent staff position must be filled by an employee or employees of the 
Department of Health and Human Services. The department may fund its portion of the 
staff position from funds allocated to the operation of the state intennediate educational 
unit. The department and the Department of Health and Human Services shall use federal 
funds received by the State under the federal Individuals with Disabilities Education Act, 
II 
United States Code, Section 1400 et seq. to fund the council staff position. The 
department may staff the council with ptrsonnel who also staff the state advisory panel 
described in 34 Code of Federal Regulations, Sections 300.167 to 300.169 (December 
2006). 
8. 
Committees; advisory activities. 
The council may establish committees 
composed of members of the council. The council may also establish subcommittees 
composed 
of parents, 
professionals, 
advocacy 
group 
representatives, 
board 
representatives, emplovees and others with relevant expertise or experience, not all of 
whom need be members of the council. Persons engaged in council business must be 
reimbursed out of the operating budget of the council for their travel expenses and 
incidental expenses in accordance with rules and procedures established by the council. 
9. Quorum. The council shall adopt bylaws that define a quorum for the purpose of 
conducting business of the council. 
to. Dispute resolution. The council shall assist the lead agency as provided in 
section 7209, subsection I in dispute resolution in a manner consistent with 20 United 
States Code, Sections 1435(a)( 1 O)(D) and 1435 (a)(10)(E). 
11. Membership. Membership of the council must be in accordance with 20 United 
States Code, Section 1441(b). The council must be composed as follows. 
A. At least 20% of the members of the council must be parents of infants or toddlers 
with disabilities or children 12 years of age or younger with disabilities. These 
p<,![ents mt,g;t have k.TlOwledge of, or experience with, programs for infants and 
toddlers _with disabilities. At least one member must be a parent of an infant or 
1(2ftdler with a disability or a. child under 6 years of age with a disability. 
Nominations for members who are parents of infants or toddlers with disabilities or 
9]1iidren \vith disabilities must be submitted to the Governor by communitv 
)rganizattons.Jlnd by Chil<:L Development Services System regional site boards of 
:~ 7 
;;:hrss:tors. 
Nominations ~ 
be submitted individually by the community 
nrga'lizatlOns. Nominatiol}s may also be submitted bv the community organizations 
HE·9!dlili. a statewide educational advocacy alliance. Persons appointed to the council 
!lnc.l~r this paragraph must be nominees of community organizations or Child 
Devel0p!l1cnt Servics:s Svstem regional site boards of directors. At least 2 members 
.i!lli.lointed under this paragraph must be nominated by the community organizations, 
Elnd a!jea5J one member aDpoinJed under this paragraph must be nominated by the 
rhit~~evelo12mellLServiQC1Lfu:stem regional site boards of directors. The members 
Page i2 -123LR2S13(OI)-1 
appointed by the Governor under this paragraph must include at least one person 
recommended by the commissioner from among the nominees of community 
organizations and Child Development Services Svstem regional site boards of 
directors and at least one person recommended by the Commissioner of Health and 
Human Services from among the nominees of the community organizations and 
Child Development Services System regional site boards of directors. 
B. 
At least 20% of the members must be public or private providers of early 
intervention services. 
Nominations for such members must be submitted to the 
Governor by the Maine Association for Community Service Providers or its 
successor and by the Maine Child Care Directors Association or its successor. At 
least one member must be a nominee of the Maine Association for Community 
Service Providers, and at least one member must be a nominee of the Maine Child 
Care Directors Association. 
C. At least one member must be a Legislator. 
D. At least one member must be a representative of Maine Roads to Quality or a 
successor organization or must otherwise be involved in personnel preparation. 
E. 
At least one member must be from the department and must have sufficient 
authority to engage in policy planning and implementation on behalf of the 
department and must be nominated by the commissioner. 
F. At least one member must be from the Department of Health and Human Services, 
must have sufficient authority to engage in policy planning and implementation on 
behalf of the Department of Health and Human Services and must be nominated by 
the Commissioner of Health and Human Services. 
G. At least one member must represent MaineCare and must be nominated by the 
Commissioner of Health and Human Services. 
H. At least one member must represent a Head Start agency or program in Maine and 
must be nominated by the Commissioner of Health and Human Services. 
I. 
At least one member must represent the Department of Health and Human 
Services, Division of Purchased and Support Services, Office of Child Care and Head 
Start and must be nominated by the Commissioner of Health and Human Services. 
J. At least one member must represent the Department of Professional and Financial 
Regulation, Bureau of Insurance or its successor and must be nominated by the 
Commissioner of Professional and Financial Regulation or the commissioner's 
designee. 
K. At least one member must he a representative nominated by an organization that 
coordinates education for homeless children and youths. 
L. At least one member must represent the state child welfare agency responsible for 
foster care and must be nominated by the Commissioner of Health and Human 
Services. 
M. At least one member must represent state children's behavioral health services, 
work in mental health case management and be nominated by the Commissioner of 
Health and Human Services. 
N. At least one member must represent the Maine Center for Disease Control and 
Prevention, work in one or more of the newborn screening programs described in 
Title 22, sections 1532, 8821 and 8941 and be nominated by the Commissioner of 
Health and Human Services. 
O. At least one member must be a representative of the United States Department of 
the Interior, Bureau of Indian Affairs or, when there is no school operated or funded 
by the bureau, of the United States Department of Health and Human Services, Indian 
Health Service or a tribe or tribal council from this State. 
P. 
The council may include other members selected by the Governor. 
Other 
members may include members of the Children's Cabinet, members of ad hoc or 
standing committees of the Children's Cabinet, members of task forces established by 
the Children's Cabinet and other persons. 
Q. A member of the council may also be a member of the state advisory panel 
described in 34 Code of Federal Regulations, Sections 300.167 to 300.169 
(December 2006). 
R. A member may fulfill more than one of the requirements in paragraphs A to Q. 
12. Annual report to the State. The council shall provide to the joint standing 
committee of the Legislature having jurisdiction over education and cultural affairs, the 
joint standing committee of the Legislature having jurisdiction over health and human 
services matters, the Governor, the commissioner, the Commissioner of Health and 
Human Services and the Children's Cabinet an annual report on the State's system of 
early intervention and early childhood special education. The report must include a 
demonstration that the funds provided for the Child Development Services System for 
early intervention and early childhood special education under the federal Individuals 
with Disabilities Education Act, Part B, Sections 611 and 619 and Part C, 20 United 
States Code, Section 1400 et seq. were used to supplement and increase, and not to 
supplant, the level of other federal, state and local funds that are available for children 
with disabilities and that the federal funds generated under the federal Individuals with 
Disabilities Education Act, Part B, Sections 611 and 619 and Part C were not used to 
satisfy a financial commitment for services that would have been paid for by a health 
agency or another agency pursuant to policy or practice but for the fact that those services 
are now listed on the individualized family service plans or individualized education 
programs for children with disabilities. The report must describe the activities of the 
council under subsections 2 and 4. 
The report must also describe and discuss the 
interagency agreements under section 7213, their adequacy or inadequacy and 
suggestions for any amendments or deletions. The report must discuss service detail, 
provider capacity, procedural safeguards, complaint data, training, barriers to 
collaboration, aspects of the system that have functioned well, aspects of the system that 
have functioned poorly and responses undertaken by the system to correct or improve its 
functioning. 
13. Annual report to the United States Secretary of Education. In keeping with 
the federal Individuals with Disabilities Education Act, 20 United States Code, Section 
1441(e)(l)(D), the council shall prepare and submit an annual report to the Governor and 
to the United States Secretary of Education on the status of early intervention programs 
within the State for infants and toddlers with disabilities and their families. This report 
may be identical in whole or in part to the report prepared and submitted under subsection 
Sec. A-22. 20-A MRSA §7212 is enacted to read: 
§7212. 
Interface between Child Development Services System and school 
administrative units 
1. Commissioner to develop consistent method for transition. In consultation 
with school administrative units and regional sites, the commissioner shall develop a 
consistent method for the transition that children undergo from the Child Development 
Services System to kindergarten and shall adopt major substantive rules for this purpose 
under section 7005, subsection 1. 
2. Parental permission to share Child Development Services System records. In 
accordance with major substantive rules adopted by the commissioner under section 
7005, subsection 1, a regional site shall ask the parent of a child who was served by the 
Child Development Services System, and who was discharged, whether the parent grants 
permission for the regional site to share Child Development Services System records with 
the receiving public school when the child enters public school. In accordance with these 
rules, the regional site may request parental permission at the time that the child is 
discharged from the Child Development Services System and shall review with the parent 
the information in the record, and the parent shall assess the pertinence of the information 
for the receiving school district. The parent mav withhold consent or may consent to the 
Child Development Services System's sending records in whole or in part. The regional 
site shall send to the receiving school district whatever part of the records the parent 
consents to sharing with the receiving school qistrict. 
The rules developed by the 
commissioner to implement this subsection must be such that parental rights are not less 
than those afforded under the federal Family Educational Rights and Privacy Act of 1974, 
United States Code, Section 1232g (2006) and the federal Health Insurance Portability 
and Accountability Act of 1996, 42 United States ~ode. Sections 1320d to 1320d-8 
(2006). 
3. Certain programs inclusive of children with disabilities. In accordance with 
major substantive rules adopted by the commissioner under section 7005, subsection 1, 
programs operated by school administrative units for children 4 years of age, including 
prekindergartens, early kindergartens, 2-year kindergartens that enroll children 4 years of 
age and 2-year childhood education programs that enroll children 4 years of age prior to 
grade one, must be inclusive of children with disabilities. 
Sec. A-23. 20-A MRSA §7213 is enacted to read: 
§7213. Interagency agreements and interagencv referrals 
The department and the Department of Health and Human Services shall develop 
rules, policies and written interagency agreements regarding mutual supoort for children 
with special needs from birth to 8 years of age. Rules adopted by the department to 
implement this section must be adopted under section 7005, subsection 1. Rules adopted 
jointly by the department and the Department of Health and Human Services to 
implement this section must be adopted under section 7005, subsection 2 or under Title 
22, section 8961, subsection 2. Rules adopted by the Department of Health and Human 
Services to implement this section may be adopted under Title 22, section 8961, 
subsection 1. Rules, policies and written interagency agreements developed to implement 
this section must address: 
1. 
Responsibility for appropriate referrals. 
Responsibility for appropriate 
referrals to the department for early intervention or special education, including referrals 
to the Child Development Services System from the metabolic abnormality detection 
program under Title 22, section 1532, the central registry for birth defects under Title 22, 
section 8943 and the newborn hearing program under Title 22, section 8821; 
2. Clear definition of positions. Clear definition of department and Department of 
Health and Human Services positions assigned to fulfill the responsibilities outlined in 
the interagency agreements; 
3. Components of a high-quality early childhood services system. Components 
of a high-quality early childhood services system with attention to each of the following: 
A. Lead agency, governance and advisory input, including local boards, councils and 
advisory panels and the council; eligibility definitions; program administration and 
compliance with state and federal law, regulation and policy; regional and local 
trends and needs; and state-level agreements for cooperation and coordination; 
B. Community-based services with common standards, including service in natural 
environments and in least restrictive environments as appropriate, family-centered 
services focused on the strengths of the child and family, ease of access, multiple 
entry points or referral sources and multiple service options; 
C. Visibility to referral sources and to the public; referral procedures and methods; 
and name brand recognition; 
D. Child find, including locating and identifying children, screening and assessment 
and eligibility determination; 
E. 
Service coordination and case management, including plans of care such as 
individualized family service plans and individual education programs, and smooth 
transitions among programs; 
F. High-quality services, including training and technical assistance at state and local 
levels; referral procedures and inclusive practices for employees, providers and other 
participants; personnel standards and credentialing; professional development; and 
consistency in eligibility and service; 
G. Supervision and accountability, which, in accordance with the federal Individuals 
with Disabilities Education Act, 20 United States Code, Section 1416, must include 
monitoring of local education agencies and regional sites using quantifiable 
indicators in each of the following priority areas and using qualitative indicators as 
needed to adequately measure performance in the following priority areas for 
students from 3 years of age to 8 years of age: 
(1) Provision of a free, appropriate public education in the least restrictive 
environment; 
(2) State exercise of general supervisory authority, including child find, effective 
monitoring, the use of resolution sessions, mediation, voluntary binding 
arbitration and a system of transition services as defined in 20 United States 
Code, Sections 1401(34) and 1437(a)(9); and 
(3) Mitigation of disproportionate representation of racial and ethnic groups in 
special education and related services to the extent that the representation is the 
result of inappropriate identification. 
Monitoring activities in this paragraph must be in accordance with the federal 
Individuals with Disabilities Education Act, 20 United States Code, Section 1416. 
For children from birth to 8 years of age, monitoring activities must include a focus 
on improving developmental progress, educational results and functional outcomes 
for all children with disabilities. Supervision and monitoring in this paragraph must 
be in accordance with the federal Individuals with Disabilities Education Act, 20 
United States Code, Section 1435(a)(lO) and must include monitoring of programs 
used by the State to carry out the federal Individuals with Disabilities Education Act, 
Part B, Section 619 and Part C, 20 United States Code, Section 1400 et seq. whether 
or not these programs or activities are receiving assistance under either Part B, 
Section 619 or Part C of that Act, to ensure that the State complies with Part B, 
Section 619 and Part C of that Act. For students from birth to 8 years of age the 
supervision and monitoring in this paragraph must also include evaluation of timeline 
compliance; timely service delivery; data collection, reporting, use and analysis with 
interdepartmental collation to track trends and performance; data collection and 
analysis of both process and child outcomes, including referrals, screenings, 
compliance and exits of children from eligibility; transparent and public data-driven 
monitoring and accountability of regional sites and providers; performance standards; 
and use of incentives, corrections and sanctions; 
H. Resources, supports and services, including identification of sufficient funding to 
operate effectively; procedures and practices for contracts, billing and 3rd-party 
billing; and efficiency; and 
I. 
Problem solving and prevention, including dispute resolution among families, 
providers and others and including local cooperation and coordination in referrals, 
service locations and training among early intervention and early childhood special 
education programs in the Department of Health and Human Services, public schools, 
health organizations such as clinics and hospitals and early childhood businesses such 
as child care and nursery schools; and 
4. 
Other components. 
Components consistent with the findings and 
recommendations of the report submitted by the Subcommittee To Study Early 
Childhood Special Education pursuant to Public Law 2005, chapter 662, Part C, section 
~ 
Sec. A-24. 20-A MRSA §7214 is enacted to read: 
§7214. Common early childhood standards across departments 
The department and the Department of Health and Human Services shall establish 
and adopt common dual-department early childhood standards for all children from birth 
to 8 years of age based on standards established by the National Association for the 
Education of Young Children, the federal Individuals with Disabilities Education 
Improvement Act of 2004, Public Law 108-446, 118 Stat. 2647 (2004) and the Division 
for Early Childhood of the Council for Exceptional Children or its successor. These 
standards must address, but may not be limited to, developmentally appropriate practice 
as it relates to curricula, personnel standards, personnel training, inclusion, family-
centered approaches, system access, facilities, credentialing, ratios, accreditation and 
eligibility for contracts. The standards must address service facilities, including but not 
limited to child care, Head Start and public schools, including prekindergarten and 2-year 
kindergarten programs. Rules adopted by the department to implement this section must 
be adopted under section 7005, subsection 1. Rules adopted jointly by the department 
and the Department of Health and Human Services to implement this section must be 
adopted under section 7005, subsection 2 or under Title 22, section 8961, subsection 2. 
Rules adopted by the Department of Health and Human Services to implement this 
section may be adopted under Title 22, section 8961, subsection 1. 
Sec. A-25. 22 MRSA § 1532, as enacted by PL 1983, c. 848, §2, is amended to 
read: 
§ 1532. Detection of cognitive disability 
The department ffiaj' shall require hospitals, maternity homes and other maternity 
services to test newborn infants, or to cause them to be tested, for the presence of 
metabolic abnormalities wffi.eh that may be expected to result in subsequent meatal 
deficiencies cognitive disabilities. The department shall promulgate adopt rules to define 
this requirement and the approved testing methods, materials, procedure and testing 
sequences. Reports and records of those making these tests may be required to be 
submitted to the department in accordance with departmental rules. The department may, 
on request, offer consultation, training and evaluation services to those testing facilities. 
The department shall adopt rules according to which it shall in a timely fashion refer 
newborn infants with confirmed metabolic abnormalities to the Child Development 
Services System as defined in Title 20-A, section 7001, subsection I-A. The department 
shall also adopt rules according to which it shall in a timely fashion refer a newborn 
infant to the Child Development Services System if at least 6 months have passed since 
an initial positive test result of a metabolic abnormality without the specific nature of the 
metabolic abnormality'S having been confirmed. The department and the Department of 
Education shall execute an interagency agreement to facilitate all referrals in this section. 
In accordance with the interagency agreement, the Department of Education shall offer a 
single point of contact for the Department of Health and Human Services to use in 
making referrals. 
Also in accordance with the interagency agreement, the Child 
Development Services System may make direct contact with the families who are 
referred. The referrals may take place electronically. For purposes of quality assurance 
and improvement, the Child Development Services System shall supply to the department 
aggregate data at least annually on the number of children referred to the Child 
Development Services System under this section who are found eligible for early 
intervention services and on the number of children found not eligible for early 
intervention services. In addition, the department shall supply data at least annually to 
the Child Development Services System on how many children in the metabolic 
abnonnality detection program were screened and how many were found to have a 
metabolic disorder. The provisioflS of this sectiofl shall reguirement in this section that a 
newborn infant be tested for the presence of metabolic abnonnalities that may be 
expected to result in subsequent cognitive disability does not apply to a child if the 
parents of a that child object to them on the grounds that the test conflicts with their 
religious tenets and practices. 
Sec. A-26. 22 MRSA §8824, sub-§l-A is enacted to read: 
I-A. Referral to Child Development Services System. The department shall adopt 
rules according to which it shall in a timely fashion refer children identified in subsection 
as having a high likelihood of having a hearing impainnent to the Child Development 
Services System. The rules must also describe the timetables under which the department 
shall refer to the Child Development Services System children identified by the 
department in accordance with subsection 1 as having possible hearing impainnent but 
for whom hearing impainnent has been neither confinned nor disconfinned by 6 months 
of age. The Department of Education and the Department of Health and Human Services 
shall execute an interagency agreement under section 7213 to facilitate the referrals in 
this subsection. 
In accordance with the interagency agreement, the Department of 
Education shall offer a single point of contact for the Department of Health and Human 
Services to use in making referrals. Also in accordance with the interagency agreement, 
the Child Development Services System may make direct contact with the families who 
are referred. 
The referrals may take place electronically. 
For purposes of guality 
assurance and improvement, the Child Development Services System shall supply to the 
Department of Health and Human Services aggregate data at least annually on the 
number of children referred under this subsection who are found eligible for early 
intervention services and on the number of children found not eligible for early 
intervention services. 
Sec. A-27. 22 MRSA §8943, as enacted by PL 1999, c. 344, §1, is amended to 
read: 
§8943. Central registry 
The department shall establish and maintain a central registry for cases of birth 
defects to accomplish the purposes of this chapter and facilitate research on birth defects. 
The submission of infonnation to and distribution of infonnation from the central registry 
are subject to the requirements of this chapter and other provisions of law. Infonnation 
that directly or indirectly identifies individual persons contained within the registry is 
confidential and must be distributed from the registry in accordance with rules adopted by 
the department. The department shall adopt rules according to which it will in a timely 
fashion refer to the Child Development Services System children with confinned birth 
defects who may be eligible for early intervention. The department and the Department of 
Education shall execute an interagency agreement to facilitate the referrals under this 
section. In accordance with the interagency agreement, the Department of Education shall 
offer a single point of contact for the Department of Health and Human Services to use in 
making referrals. 
Also in accordance with the interagency agreement, the Child 
Development Services System may make direct contact with the families who are 
referred. The referrals may take place electronically. For purposes of quality assurance 
and improvement, the Child Development Services System shall supply to the department 
aggregate data at least annually on the number of children referred under this section who 
were found eligible for early intervention services and on the number of children found 
not eligible for early intervention services. In addition, the department shall supply data 
at least annually to the Child Development Services System on how many children had 
data entered into the registry. For a child whose parent or legal guardian objects on the 
basis of sincerely held religious belief, the department may not require the reporting of 
information about that child to the central registry or enter into the central registry 
information regarding birth defects of a that child whose parent or legal guardiaFI objects 
on the basis of sincerely held religious beliefs. 
Sec. A-28. 22 MRSA c. 1689 is enacted to read: 
CHAPTER 1689 
COORDINATION AND COLLABORATION WITH CHILD 
DEVELOPMENT SERVICES SYSTEM 
§8961. Rulemaking 
1. Routine technical rules. The commissioner shall adopt rules as necessary to 
participate with the Department of Education in effectuating Title 20-A, sections 7213 
and 7214. Rules adopted pursuant to this subsection are routine technical rules as defined 
in Title 5, chapter 375, subchapter 2-A. 
2. 
Joint major substantive rules. 
The comrrusslOner has joint rule-making 
authority with the Commissioner of Education as necessary for adoption of interagencv 
standards across the Department of Education and the Department of Health and Human 
Services under Title 20-A, sections 7213 and 7214 and as necessary for the 
implementation of the federal Individuals with Disabilities Education Act, Part B, Section 
and Part C, 20 United States Code, Section 1400 et seq. Rules adopted pursuant to 
this subsection are major substantive rules as defined in Title 5, chapter 375, subchapter 
2-A. 
§8962. Access to report 
The department shall ensure that the report posted by the director of early childhood 
special education under Title 20-A, section 7209, subsection 4, paragraph E is publicly 
accessible via the website of the Maine Center for Disease Control and Prevention or its 
successor and via the website of the Division for Early Childhood of the Council for 
Exceptional Children or its successor. 
Sec. A-29-. 
Community organizations included for purposes of Early 
Childhood Services Interagency Coordinating Council. For purposes of the 
Maine Revised Statutes, Title 20-A, section 7211, subsection 11, "community 
organizations" includes the Autism Society of Maine, the Disability Rights Center, the 
Learning Disabilities Association of Maine, the Maine Developmental Disabilities 
Council established in Title 34-B, section 17001, the Maine Parent Federation, the Maine 
Transition Network, or their successors, and other nonprofit member organizations of the 
Maine Educational Advocacy Alliance or a successor organization that are not 
governmental or quasi-governmental organizations. 
PARTB 
Sec. B-1. PL 1999, c. 296, §1l is repealed. 
PART C 
Sec. C-1. Adoption of rules and development of policies and interagency 
agreements. The Department of Health and Human Services and the Department of 
Education shall develop policies and written interagency agreements by January 31, 2008 
as necessary to address mutual support for children with special needs from birth to 8 
years of age under the Maine Revised Statutes, Title 20-A, section 7213, common early 
childhood standards under Title 20-A, section 7214 and referrals under Title 22, sections 
1532, 8824 and 8943. Major substantive rules adopted by the Department of Education 
to address the requirements of Title 20-A, sections 7212, 7213 and 7214 and Title 22, 
sections 1532, 8824 and 8943 must be presented by the Department of Education for 
legislative review in the Second Regular Session of the 123rd Legislature. 
Major 
substantive rules adopted jointly by the Department of Education and the Department of 
Health and Human Services to address the requirements of Title 20-A, sections 7213 and 
7214 and Title 22, sections 1532,8824 and 8943 must be presented by the Department of 
Education and the Department of Health and Human Services for legislative review in the 
Services shall adopt by January 31, 2008 any routine technical rules that are necessary to 
address the requirements of Title 20-A, sections 7213 and 7214 and Title 22, sections 
1532,8824 and 8943. 
Sec. C-2. Report on centralization; committee authorized to introduce 
legislation. 
The Commissioner of Education shall report to the Joint Standing 
Committee on Education and Cultural Affairs no later than 7 days after the effective date 
of this Act, and again by December 31, 2007, on the Child Development Services System 
centralization process outlined in Public Law 2005, chapter 662. The committee is 
authorized to introduce a bill to the Second Regular Session of the 123rd Legislature on 
changes to the centralization process. The reports from the commissioner must include, 
but need not be limited to: 
1. Overall progress of the centralization and a comparison to the timeline originally 
proposed in Public Law 2005, chapter 662; 
2. Centralization costs and savings to date; 
3. Projected fiscal year 2008 savings compared to estimates reflected in Public Law 
2005, chapter 662, Part D; 
4. Problems encountered, if any, and corrective actions taken or planned; 
5. Personnel turnover at Child Development Services System regional sites, in the 
state intem1ediate educational unit and in Department of Education child development 
services staff; 
6. Effects, if any, on services to children; and 
7. Long-term projections for the efficacy of the centralization plan. 
The commissioner shall post written copies of the reports on the publicly accessible 
website of the Department of Education. 
Sec. C-3. Training and support to regional site boards. The Department of 
Education shall develop and present to the Joint Standing Committee on Education and 
Cultural Affairs and to the state interagency coordinating council described in the federal 
lndividuals with Disabilities Education Act, 20 United States Code, Section 1441 a plan 
for improving training and support to Child Development Services System regiol'.Jl site 
boards of directors. The Department of Education shall present the plan no later than 7 
days after the effective date of this Act. 
Sec. C-4. Un met needs monitoring. To assess the continued provision of free, 
appropriate public education to children after transition to public school, the Department 
of Education shall develop a plan to review unmet needs in school administrative units 
monthly or bimonthly and implement a pilot plan among no fewer than 6 school 
administrative units, including a mix of small, medium and large districts. 
The 
department shall, no later than January 31, 2008, present the pilot plan to the Joint 
Standing Committee on Education and Cultural Affairs. 
Sec. C-S. Data linkage. The Maine Education Policy Research Institute in the 
University of Maine System shall deliver a report on or before January 31, 2008 to the 
Joint Standing Committee on Education and Cultural Affairs on necessary technical and 
legal advances that would enable data linkage to facilitate research projects that would 
involve linkage of personally identifiable health and MaineCare data and personally 
identifiable education data in a way that would be in compliance with federal privacy law 
and regulation, including the federal Family Educational Rights and Privacy Act of 1974, 
United States Code, Section 1232g (2006) and the federal Health Insurance Portability 
and Accountability Act of 1996, 42 United States Code, Sections 1320d to 1320d-8 
(2006). The institute may consult with the Office of the Attorney General and with the 
Office of Policy and Legal Analysis for advice on identifying which, if any, state laws, 
rules or policies would have to be changed to enable or facilitate such studies within the 
bounds of federal law and regulation. This report must include design of a pilot study to 
test the technical advances outlined in this section and must also investigate the 
possibility of data linkage for assessing the effectiveness and efficiency of delivery of 
early intervention, education and health and human services to individuals with 
disabilities. 
The report may describe data linkage with a broad range of research 
questions. 
The report may address how to use data linkage studies to assess the 
effectiveness and efficiency of delivery of early intervention, education and health and 
human services to individuals with disabilities, including the number of case managers 
per child. A goal of such work is that the Department of Health and Human Services and 
the Department of Education work together to determine how data systems can be 
designed to facilitate analysis of data across departments. 
SUMMARY 
This bill implements the recommendations of the Subcommittee To Study Early 
Childhood Special Education, which was established by Public Law 2005, chapter 662 to 
study early intervention and early childhood special education services for children from 
birth to 8 years of age. Based upon the findings of the subcommittee, including findings 
that the Child Development Services System performs very well relative to national 
benchmarks and findings that there is a national trend among states toward greater 
interagency coordination and oversight, the bill builds on Maine's good performance, 
increases interagency collaboration and increases accountability of system components to 
the executive and legislative branches and to the public by: 
1. Building on the current system's demonstrated strengths while making changes 
where needs are recognized; 
2. Keeping intact a Child Development Services System to coordinate services for 
eligible children from birth until 5 years of age and to ensure that such children receive 
early intervention and early childhood special education under the federal Individuals 
with Disabilities Education Act, Part B, Section 619 and Part C, 20 United States Code, 
Section 1400 et seq.; 
3. 
Maintaining the Department of Education as Maine's lead agency under the 
federal Individuals with Disabilities Education Act while strongly promoting interagency 
collaboration and oversight; 
4. Expanding connections of federally mandated child find and service delivery with 
school administrative units, with programs of the Department of Health and Human 
Services and with medical and other providers of services to children from birth until 5 
years of age; 
5. 
Requiring the Child Development Services System to report annually to 
legislative, advisory and governing bodies about the performance of the system, including 
information on the performance of individual regional sites and of the system; 
6. Requiring the Department of Education and the Department of Health and Human 
Services to establish and adopt common dual-department early childhood standards for 
children from birth to 8 years of age based on standards of the National Association for 
the Education of Young Children, the federal Individuals with Disabilities Education Act 
and the Division for Early Childhood of the Council for Exceptional Children; 
7. Requiring Child Development Services System regional sites to ask parents of 
children who were discharged from the Child Development Services System prior to 
school entry to grant consent for the regional site to share relevant information from the 
child's early intervention or early childhood special education record with the receiving 
public school and requiring the regional sites to share this information with the public 
school if the parent consents; 
8. Requiring the Department of Education and the Department of Health and Human 
Services to develop rules, policies and written interagency agreements by January 31, 
2008 to address mutual support for children with special needs from birth to 8 years of 
age; to assign responsibility for appropriate referrals from the Department of Health and 
Human Services to early intervention and special education services, including referrals 
to the Child Development Services System from the metabolic abnormality detection 
program, the newborn hearing program and the birth defects registry; to include 
components of a high-quality early childhood services system as outlined in the report of 
the Subcommittee To Study Early Childhood Special Education; to include clear 
definition of Department of Education and Department of Health and Human Services 
positions assigned to accomplish the responsibilities outlined in the interagency 
agreements; and to include other components consistent with recommendations of the 
subcommittee; 
9. Establishing the Early Childhood Services Interagency Coordinating Council as the 
federally mandated state interagency coordinating council for services for children from 
birth until 5 years of age under the federal Individuals with Disabilities Education Act 
with specific membership requirements under federal and state law to advise and report 
on common standards, interagency focus areas, annual progress, monitoring and 
reporting, centralized interdepartmental training and tracking and development of 
centralized data; 
10. Requiring that staff for the Early Childhood Services Interagency Coordinating 
Council be provided by the Department of Education and the Department of Health and 
Human Services and requiring the council to deliver reports and advice to the 
Commissioner of Education, the Commissioner of Health and Human Services, the Joint 
Standing Committee on Education and Cultural Affairs and the Joint Standing Committee 
on Health and Human Services; 
11. Requiring the Maine Education Policy Research Institute in the University of 
Maine System to explore and report to the Joint Standing Committee on Education and 
Cultural Affairs on necessary technical and legal advances that would enable data linkage 
of individually identifiable health and education data in a way that would be consistent 
with federal laws and regulations on privacy while facilitating research projects on such 
matters as effectiveness, efficiency and cost-effectiveness of service delivery; 
12. Requiring the Child Development Services System to report on strategies to 
maximize the use of a broad base of community resources, including private providers, 
public schools, resources from other agencies and other available resources for serving 
children and families; 
l3. Assigning to the Child Development Services System the responsibility for 
service coordination for eligible children from birth until 5 years of age, for child find for 
children from birth until 5 years of age, for appropriate referrals to support services and 
programs outside of the system that are appropriate for children and families referred to 
the system and for ensuring that eligible children from birth until 5 years of age receive 
early intervention or free, appropriate public education as well as referrals to other 
programs and services based upon child and family needs; 
14. Requiring the Department of Education to develop and present to the Legislature 
and to the Early Childhood Services State Interagency Coordinating Council a plan for 
improving training and support to Child Development Services System regional site 
boards of directors; 
15. Allowing public schools to continue to develop, at their own pace, programs for 
children 4 years of age while requiring that those programs be inclusive of children with 
disabilities; 
16. Changing the deadline for fiscal centralization in the Maine Revised Statutes, 
Title 20-A, section 7209, subsection 3, paragraph C from September 30, 2006 to 
September 30, 2007; 
17. 
Requiring the Commissioner of Education to report to the Joint Standing 
Committee on Education and Cultural Affairs by December 31, 2007 on the Child 
Development Services System centralization process and authorizing the committee to 
introduce a bill to the Second Regular Session of the 123rd Legislature on related matters; 
18. Requiring the Department of Education, in consultation with Child Development 
Services System regional sites, to develop a funding formula that must include 
consideration of administration and organization of the Child Development Services 
System, child find, case management and provision of other services and that may 
include each regional site's geographic area, the early childhood population, the number 
of such children receiving services and the number of such children included in the child 
count, the Medicaid enrollment rate, poverty indices, average private insurance rates, 
family choice of providers, cost containment measures and other factors; 
19. Amending Title 20-A, section 7209, subsection 1 to require the Department of 
Education to submit quarterly reports to the Early Childhood Services Interagency 
Coordinating Council and other advisory groups about Child Development Services 
System regional sites that are under a corrective action plan and about regional sites for 
whose operations the Department of Education has assumed temporary responsibility, 
with the reports describing any progress or slippage by individual regional sites in 
meeting compliance requirements; 
20. Requiring the Department of Education to develop a plan to review unmet needs 
in school administrative units monthly or bimonthly and to implement the plan among no 
fewer than 6 school administrative units; and 
21. Requiring the Department of Education to explore the process that children 
undergo as they transition from the Child Development Services System to kindergarten 
in order to develop a consistent method for these transitions.