Maine Legislature, Session 124, LD 0693
Committee: Labor
Sponsors: BARTLETT
Amends: 5 MRSA §285, 20-A MRSA §7209, 26 MRSA §979-T

Legislative Document 
No. 693 
S.P.268 
In Senate, February 24, 2009 
AD. Act To Clarify the Status and Benefits of Employees of the Child 
D(!velopment Services System 
Reference to the Committee on Labor suggested and ordered printed. 
Presented by Senator BARTLETT of Cumberland. 
9tf)(J~ 
JOY J. O'BRIEN 
Secretary of the Senate 
Cosponsored by. Senator: ALFOND of Cumberland, Representative: Speaker PINGREE of 
North Haven. 
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Printed on'recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 5 MRSA §285, sub-§l, ~-7 is enacted to read: 
F-7. Any employee of the state intermediate educational unit established under Title 
20-A, section 7209, if the group health plan is agreed to in collective bargaining and 
funds are available; 
Sec. 2. 20-A MRSA §7209, sub-§3, as amended by PL 2007, C, 572, Pt. B,§3, is-
further amended to read: 
3. State intermediate educational unit. The commissioner shall establish and 
supervise the state intermediate educational unit. The state intermediate educational unit 
lOis established as a body corporate and politic and as a public instrumentality of the State 
for the purpose of conducting child find activities as provided in 20 United States Code, 
Section 1412 (a) (3) for children from birth to under 6 years of age, ensuring the 
provision of early intervention services for eligible children from birth to under 3 years of 
age and ensurmg a free, appropriate public education for eligible children at least 3 years 
. 
of age and under 6 years of age. For the purposes of collective bargaining, the state 
intermediate educational unit is considered: an agency of the executive branch and a 
public einployer covered by Title 26, chapter 9-B and is represented for the purpose of 
collective bargaining by the Governor or the Governor's designee. The state intermediate 
educational unit shall perform the followfug statewide coordination and administration 
functions: 
A, Establish standard poliCies and procedures for a statewide salary and benefits 
administration system, including persormel classifications, position descriptions and 
salary ranges, and a standard package of health, retirement and other fringe benefits 
for Child Development Services System persormel, which must be included in the 
aImual 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 persormel; 
B-1. Bargain collectively und~r Title 26, chapter 9-A 9-B if the employees of the 
regional sites choose to be represented by an agent for purposes of collective 
bargaining. In such circumstances, the state intermediate educational unit must be 
considered the public employer for purposes of collective bargaining; 
C. 
Establish a centralized system· for statewide fisca,l administration to be 
implemented by September 1, 2006. The state intermediate educational unit shall 
establish internal controls and impleme~t 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 
operationalbegirming 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 armual entitlement plan described in subsection 
1, beginning in fiscal year 2006-07; 
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1'. 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; 
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G. Design and implement a statewide plan to provide professional development and 
training to Child Development Services System personnel; 
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; and 
I. 
Enter into contracts, leases and agreements and any other instruments and 
arrangements that are necessary, incidental or convenient to the performance of its 
duties and the execution of its powers under this chapter. 
Sec. 3 .. 26 MRSA §979-T is enacted to read: . 
§979-T. State intermediate educational unit 
For the purpose of collective bargaining, the state intermediate educational unit 
established under Title 20-A, section 7209 is an agency of the executive branch arid a 
public employer covered by this chapter, and is represented for the purpose of collective 
bargaining by the Governor or the Governor's designee. 
SUMMARY 
This bill clarifies the status of employees of the Child Development Services System, 
who through collective bargaining may join the state employee health plan and for the 
purpose of collective bargaining be considered an agency of the executive bran~h and a 
public employer covered. by the laws governing state employees and legislative 
employees labor relations.