Resolve, Regarding Legislative Review of Portions of Chapter 101: Maine Unified Special Educati.on Regulation, a Major Substantive Rule of the Depatiment of Education
Maine Legislature, Session 124, LD 1741
Committee Amendment CA_A_H795 (House)

COMl\1lTTEE AMENDMENT "A" to H.P. 1238, L.D. 1741, "Resolve, Regarding 
Legislative Review of Portions of Chapter 101: 
Maine Unified Special Educati.on 
Regulation, a Major Substantive Rule of the Depatiment of Education" 
Amend the resolve by striking out everything after the emergency preamble and 
before the emergency clause and inserting the following: 
'PART A 
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Sec. A-I. Adoption. Resolved: That final adoption of portions of Chapter roT: 
Maine Unified Special Education Regulation, a provisionally adopted major substEintive 
rule of the Department of Education that has been submitted to the Legislature for;;review 
pursuant to the Maine Revised Statutes, Title 5, chapter 375, subchapter 2-A, is 
authorized only if the provisionally adopted rule is amended as follows: 
1. The rule must be amended in Section II to clarify the definition of "educational 
performance" by incorporating a reference to the definition of "functional performance" 
and to provide that this chatlgeapplies only through June 30,2011 and the fonner rule is 
restored on that date; 
2. 
The rule must be amended in Section II to incorporate a new defiriition of 
"formative assessment" to be used for the purposes of general education interventions; 
3. The rule must be amended in Section III to revise the provisions regat'ding pre-
referral procedure by inserting a new part to establish the procedures that school 
administrative units must develop in implementing general education interventions and 
adjusting section headings to reflect this Chatlge; 
4. The rule must be amended in Section VI and in Section IX to strike the provisions 
that proposed to permit the Individualized Education Program Team to begin 
postsecondary tratlsition planning at age 16 or younger for the student and instead to 
provide that postsecondary transitiori planning for the student rimst begin no later than the 
beginning of grade 9; 
COMMITTEE·AMENDMENT 
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COMMITIEE AMENDMENT 'A "to H.P. 1238, L.D. 1741 
5. The rule must be amended in Section VII in the paIi concerning other health 
impainnent to refine the procedural steps established for determining eligibility for the 
other health impairment disability; 
6. The rule must be amended in Section XVI to elaI'ify that a complaint for all alleged 
violation under the federal Individuals with Disabilities Education Act must allege a 
violation that occUlTed not more than on~ year prior to the date that the complaint is 
received unless a longer period is reasonable because the complainant is requesting 
compensatory services for a violation that allegedly occUlTed not more than 2 years prior 
to the date that the written complaint is received by the DepaItment of Education; 
7. The rule must be aInended in Section XVI in those paIis concerning a child's stahls 
during proceedings by deleting the proposed ChaIlges to the so-called "stay put" 
provisions pennitting a child with a disability to remain in the child's educational 
placement while the child's parent is seeking mediation or a complaint investigation and 
is awaiting a pending decision from a mediation or due process hearing, as well as any 
court proceedings regarding a due process hearing request; 
8. The rule must be amended in Section V in the part concerning evaluations, parental 
consent and reevaluations by deleting the proposed change that the evaluation of children 
from 3 to 5 years of age be conducted within 45 school days of receiving parental consent 
for the evaluation, restoring the 60 calendar day requirement for children from 3 to 5 
years of age in the Child Development Services System; 
,9. The rule must be aITIended in that part of Section VII adopting a data based 
procedure for eligibility determination by providing that the provisions apply only 
through June 30, 2011 and the former rule is restored on that date; 
10. The rule must be aITIended in Section VII in the paIi concerning criteria for 
change in eligibility by deleting only the provisioil related to demonstration of adverse 
effect; 
11. The rule must be amended in Section XVIII in the paIi concerning payment for 
contracted services by striking this paIi of the rule and adding provisions that provide 
that: 
A. 
Payment for services by school administrative units to qualified licensed 
contractors may be no higher than 140% of the Medicaid rate paid for comparable 
services on the effective date of the final adoption of this rule and must be considered 
payment in full. 
The rule must also provide that the payment for school 
psychological service providers may be no higher than 140% of the Medicaid rate 
that is provided for psychologists; and 
B. If a school administrative unit is unable to find a qualified licensed contractor at 
or below 140% of the Medicaid rate for comparable services, the first priority of the 
school administrative unit must be to ensure the provision of free, appropriate public 
education for eligible children, and the second priority of the school administrative 
unit must be to enter into a short-term contract with a qualified licensed contractor. 
The rule must also provide that the' DepaItment of Education shall provide guidance 
to school administrative units on the procedures that must be followed when a 
qualified licensed contractor is not available at or below the Medicaid rate ceiling 'for 
comparable services; 
COMMITTEE AMENDMENT 
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COMMITIEE AMENDMENT "11" to H.P. 1238, L.D. 1741 
12. The rule must be amended in Section VI with regard to transition from a regional 
Child Development Services site to public school to: 
A. Provide that, in addition to the right of a parent to request a due process hearing, 
the parent must be permitted to request mediation and file a complaint if there is a 
dispute about the determination of the Individualized Education Program Team with 
respect to transition from a Child Development Services site to a public school; and 
B. 
Restore alignment with the 60 calendar day requirement for conducting an 
evaluation or reevaluation for children from 3 to 5 years of age in the Child 
Development Services System; 
13. The rule must be amended in Section y with regard to standardized reports of 
evaluation for children 3 to 20 years of age by removing the requirement that evaluation 
reports must provide that the "DSM multi-axial" must be included when "DSM diagnostic 
impression" is required; and 
14. The rule must be amended in Section VI with regard to abbreviated school days 
to include a requirement that Individualized Education Program Teams make every effort 
to maintain students in full-day programs utilizing supplementmy aids mId services 
before detennining that an abbreviated school day is appropriate and necessary and to 
provide that this change applies only through June 30, 2011 and the former rule is 
restored on that date. 
PARTB 
Sec. B-1. Stakeholder group review. Resolved: That the Commissioner of 
Education shall convene a stakeholder group, refened to in this resolve as "the 
stakeholder group," to examine the federal mId state rules and laws that pertain to the 
portions of Department of Education rule Chapter 101: Maine Unified Special Education 
Regulation that expire on June 30, 2011; mId be it further 
Sec. B-2. Stakeholder group membership. Resolved: That the stakeholder 
group consists of 13 members appointed by the Commissioner of Education as set out in 
this section: 
1. 
Six members who are recommended by the' Maine Educational Advocacy 
Alliance, including one member from each of the following orgmlizations: 
A. The Autism Society of Maine; 
B. The Disability Rights Center; 
C. The Learning Disabilities Association of Maine; 
D. The Maine Developmental Disabilities Council; 
E. The Maine Parent Federation; and 
F. The Maine Transition Network; 
2. Six members who are recommended by the Maine Administrators of Services for 
Children with Disabilities, including one member of each of the following organizations: 
A. The Maine Administrators of Services for Children with Disabilities; 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT..J1" to H.P. 1238, L.D. 1741 
B. The Maine Education Association; 
C. The Maine School Superintendents Association; 
D. The Maine School Board Association; 
E. The Maine Principals' Association; and 
F. The Child Development Services System Site Directors Group within the Maine 
Administrators of Services for Children with Disabilities; and 
3. One member who is appointed by the Commissioner of Education to represent the 
Department of Education; and be it further 
Sec. B-3. Chair. Resolved: That the stakeholder group shall select a chair from 
among its members; and be it further 
Sec. B-4. Appointments; convening of stakeholder group. Resolved: That 
all appointments must be made no later than 30 days following the effective date of this 
resolve. The recommending authorities shalliiotify the Commissioner of Education of the 
. names of and contact information for the recommended stakeholder group members. 
Within 15 days after appointment of all members, the Commissioner of Education shall 
convene the first meeting of the stakeholder group. During the first meeting of the 
stakeholder group, the members may add an additional member who is a faculty member 
at a Maine public or private higher education institution and who has expertise in the field 
of special education; and be it further 
Sec. B-S. 
Duties. Resolved: 
That the stakeholder group shall perform the 
examination required under section 1; and be it further 
Sec. B-6. First meeting agenda. Resolved: That the agenda for the first meeting 
of the stakeholder group must include the selection of a chair, a review of the enabling 
legislation that established the stakeholder group, consideration of adding an additional 
member as provided in section 4 and the development of a work plan and a meeting 
schedule; and be it further 
Sec. B-7. Report. Resolved: That the stakeholder group shall submit a report that 
includes its findings and recommendations, including suggested revisions to the rule, to 
the Commissioner of Education no later than January 14, 2011; and be it further 
Sec. B-S. Adoption of rules. Resolved: That the Commissioner of Education 
shall consider and address the recommendations contained in the report of the stakeholder 
group and may adopt major substantive rules as defined ih the Maine Revised Statutes, 
Title 5, chapter 375, subchapter 2-A for those portions of Department of Education rule 
Chapter 101: Maine Unified Special Education Regulation that peltain to the examination 
required under section 1 for consideration by the First Regular Session of the 125th 
Legislature. 
PARTe 
Sec. C-l. Review of Medicaid rates. Resolved: That the Commissioner of 
Education shall conduct a review of the Medicaid rate schedule for qualified licensed 
contractors and repmt findings and recommendations by January 14, 2011 to 'the joint 
standing committee of the Legislature having jurisdiction over education matters.' 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT 'A" to H.P. 1238, L.D. 1741 
SUMMARY 
Part A of this amendment provides that final adoption of portions of Chapter 101: 
Maine Unified Special Education Regulation, a provisionally adopted major substantive 
rule of the Department of Education is authorized contingent upon the department's 
making specified changes to the proposed rules. 
The amendment provides that 3 provisions of the rule must expire on June 30,2011 
and the portions of the rule that were in effect on June 15, 2009 that pertain to these 
provisions must be reinstated on July 1, 2011. 
Part B of the amendmellt requires the Commissioner of Education to convene a 
stakeholder group to examine the federal and state rules and laws that pertain to the 
portions of the rule that expire June 30, 2011. The stakeholder group shall develop 
findings and recommendations regarding any changes to the rule, and the Commissioner 
of Education is authorized to submit major substantive rules that pertain to these 
provisions for legislative review in the First Regular Session of the 125th ~egislature. 
Part C of the amendment directs the Department of Education to conduct a review of 
the Medicaid rate schedule for qualified licensed contractors and report findings and 
recommendations no later than January 14, 2011 to the joint standing committee of the 
Legislature havingjurisdiction over education matters. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
CP{/-tr'lQ5) 
Approved: 03/15/10 ;;tb?ac:.. 
LD 1741 
LR 2550(02) 
Resolve, Regarding Legislative Review of Portions of Chapter 101: Maine Unified Special Education 
Regulation, a Major Substantive Rule of the Department of Education 
Fiscal Note for Bill as Amended by Committee Amendment 'ft" 
Committee: Education and Cultural Affairs 
Fiscal Note Required: Yes 
Fiscal Note 
CUITent biennium savings - General Fund 
Fiscal Detail and Notes 
Amending certain provisions within Chapter 101: Maine Unified Special Education Regulation, a major substantive 
':) 
rule of the Department of Education, will result in General Fund savings to the Department of Education totaling 
$224,629 in fiscal year 2009-10 and $442,349 in fiscal year 2010-11. The programs affected are described below. H') 
estimate is based on analysis of the fiscal impact of certain proposed changes within Chapter 101 where sufficient data,' 
was available to project savings and does not include estimated savings for those proposed rule changes within Chapter 
where sufficient data was not available. Savings achieved as a result of this legislation are to remain within the 
department and local school administrative units to paJtially offset the impact of reductions in funding in the 2010-2011 
biennium. 
Of the total savings amounts provided above, it is estimated that General fund savings of $124,629 in fiscal year 2009-
and $242,349 in fiscal year 2010-11 will be achieved in the General Purpose Aid for Local Schools program by 
reducing the reimbursement rate for contracted services to 140% of the MaineCare rate. Savings to local school 
administrative units are estimated to be $130,080 in fiscal year 2009-10 and $300,183 in fiscal year 2010-11. 
Additionally, General Fund savings of approximately $100,000 in fiscal year 2009-10 and $200,000 in fiscal year 2010-
Il are projected to be achieved in the Special Services Team program within the Department of Education as a result of 
eliminating the requirement for on-site reviews. 
The following summarizes the methodology used and assumptions made to estimate the savings for certain proposed 
rule changes within Chapter 101: 
1) Reimburse rates for contracted services at 140% of MaineCare rates. 
- Utilized survey information of certain school administrative units of current rates for 
contracted occupational therapy, physical therapy and speech and language pathology. 
Survey was conducted by telephone by DepaJtment of Education. 
- Calculated average cost per therapy for all SAD's surveyed and compared that cost 
LR2550(02) - Fiscal Note - Page 1 of2 
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to MaineCare rate from MaineCare Benefits Manual (10-144 Ch. 101, Chapter III) 
Determined that changing reimbursement to 140% of MaineCare rates would result in an estimated 7% 
reduction in rates, on average. 
- Based on information provided by Department of Education, assumed contracted services for OT, PT 
and SpeechlLanguage Pathology comprised approximately 85% of total contracted services. 
- Adjusted FY 2007-08 costs by an inflationary factor to estimate costs for FY 2008-09 - FY 2012-13. 
- Applied 7% reduction to adjusted cost of contracted services to SAU's in FY 2007-08 to estimate savings. 
- Adjusted estimated savings to recognize the state's share and the local SAU's share of the annual savings 
- Appled State's share % as proposed in Governor's 2010-2011 Supplemental Budget request 
- Assumed 6 months of savings in fiscal year 2009-10. 
- 2009-2010 
2010-2011 
2011-2012 
2012-2013 
Approved contracted services (S&L) 
$ 
8,561,669 
$ 
9,118,177 
$ 
9,710,859 
$ 10,342,065 
% OT,PT, Speech 
85% 
85% 
85% 
Est. expo For contracted OT, PT, Speech 
$ 
7,277,419 
$ 
7,750,451 
$ 
8,254,230 
$ 
Estimated cost (savings) @ 7% 
$ 
(509,419) $ 
(542,532) $ 
(577,796) $ 
State Share 
$ 
(249,259) $ 
(242,349) $ 
(317,788) $ 
Local Share 
$ 
(260,160) $ 
(300,183) $ 
(260,008) $ 
State share 6 month savings in FY 2009-10 
$ 
(124,629) 
2) Eliminating the requirement for on-site reviews 
- This fiscal note accepts the Department of Education's estimated savings projection of$200,000 
per year by eliminating the requirement for on-site reviews. 
Estimated 6 month savings in FY 2009-10 
$ 
(100,000) 
Summary of savings: 
2009-2010 
2010-2011 
2011-2012 
Reimburse rates for contracted services @ 140% of 
MaineCare rates. 
$ 
(124,629) $ 
(242,349) $ 
(317,788) $ 
Eliminating the requirement for on-site reviews 
$ 
(100,000) $ 
(200,000) $ 
(200,000) $ 
Total estimated savings 
$ 
(224,629) $ 
(442,349) $ 
(517,788) $ 
85% 
8,790,755 
(615,353) 
(338,444) 
(276,909) 
2012-2013 
(338,444) 
(200,000) 
(538,444) 
Additional costs to the Department of Education associated with establishing the required stakeholder group to examine 
the federal and state rules and laws pertaining to certain portions of Chapter 101 and to conduct the required review of 
the MaineCare rate schedule can be absorbed within existing budgeted resources. 
LR2550(02) - Fiscal Note - Page 2 of2