An Act To Implement Certain Recommendations of the Task Force To Identify Special Education Cost Drivers and Innovative Approaches to Services
Maine Legislature, Session 128, LD 1902
Committee: Education and Cultural Affairs
Amends: 20-A MRSA §4502, 20-A MRSA §4710, 20-A MRSA §13019-H, 20-A MRSA §15681-A

Legislative Document
No. 1902
H.P. 1339
House of Representatives, April 9, 2018
An Act To Implement Certain Recommendations of the Task Force 
To Identify Special Education Cost Drivers and Innovative 
Approaches to Services
Reported by Representative KORNFIELD of Bangor for the Joint Standing Committee on 
Education and Cultural Affairs pursuant to Resolve 2017, chapter 26, section 7.
Reference to the Committee on Education and Cultural Affairs suggested and ordered 
printed pursuant to Joint Rule 218.
ROBERT B. HUNT
Clerk
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  20-A MRSA §4502, sub-§5, as amended by PL 2009, c. 313, §2, is 
further amended to read:
5.  Other requirements. The state board and the commissioner shall jointly adopt 
basic school approval rules governing school administrative units and elementary and 
secondary schools.  Beginning July 1, 2019, rules adopted by the state board and the 
commissioner pursuant to this subsection are major substantive rules as defined in Title 5, 
chapter 375, subchapter 2-A. These rules must set minimum requirements in the 
following areas, incorporating such requirements as are established by statute:
A.  Instructional time, including a minimum school day and week;
B.  Staffing, including student-teacher ratios that permit maximum student-teacher 
ratios of 25:1 school-wide for kindergarten to grade 8 and maximum student-teacher 
ratios of 30:1 school-wide for grades 9 to 12;
C.  Physical facilities, incorporating the school construction rules of the state board;
D.   Requirements for equipment and libraries;
E.  Minimum school size, but including recognition of geographically isolated 
schools;
F.  Grade and program organization;
G.  Assessment and evaluation of student performance;
H.  
Student personnel services, including guidance and counseling and, 
notwithstanding any rules adopted by the department, comprehensive guidance plans 
to be approved by the commissioner;
I.  Records, record keeping and reporting requirements;
J.  Health, sanitation and safety requirements, including compliance with section 
6302;
K.  School improvement;
L-1.  A plan for training and development of all personnel that is aligned with the 
system of learning results as established in section 6209;
M.  The use of time-out areas, administered in accordance with requirements adopted 
by the department and with this paragraph.  The use of a time-out area is subject to 
the following:
(1)  The time-out area must be well ventilated and sufficiently lighted.  The time-
out area may not be locked; and
(2)  The time-out area must be designed to ensure the safety of the student so that 
the student is supervised by a professional staff member in the room or can be 
observed from outside of the time-out area and can be heard by a person 
supervising the time-out area;
N.  Preparation of a written local policy and implementation of training for all 
unlicensed personnel who administer medication in accordance with the requirements 
under section 254, subsection 5; 
O.  Preparation of a written local policy and implementation of training for all 
guidance counselors and school personnel who administer reintegration planning 
pursuant to section 254, subsection 12, who participate in a reintegration team and 
who have access to confidential criminal justice information regarding juveniles 
pursuant to section 1055, subsection 12; and
P.  Provision of family outreach and support programs designed to improve parent-
school relations and parenting skills consistent with section 4252, subsection 8.; and
Q.  Response to intervention systems to ensure an all-encompassing, tiered system of 
support for general and special education students in accordance with section 4710.
Sec. 2.  20-A MRSA §4710, as enacted by PL 2009, c. 313, §10, is amended to 
read:
§4710.  Kindergarten to grade 12 response to intervention; tiered system of support
By the school year that begins in the fall of 2012, all school administrative units shall 
develop and implement a system of interventions response to intervention for 
kindergarten to grade 12 that provide provides each student who is not progressing 
toward meeting the content standards of the parameters for essential instruction and 
graduation requirements with different learning experiences or assistance to achieve the 
standard.  The interventions response to intervention must be specific, timely and based 
upon ongoing formative assessments that continuously monitor student progress.
1.  Tiered system of support.  By the school year that begins in the fall of 2019, all 
school administrative units shall enhance and upgrade the system of response to 
intervention for prekindergarten to grade 12 to become an all-encompassing, tiered 
system of support that provides each general and special education student who is not 
progressing toward meeting the content standards of the parameters for essential 
instruction and graduation requirements with different learning experiences or assistance 
to achieve the standards.
Sec. 3.  20-A MRSA §13019-H, sub-§2, as enacted by PL 2017, c. 235, §25 and 
affected by §41, is amended to read:
2.  Qualifications.  The state board shall adopt rules establishing the qualifications 
and supervision for an educational technician certificate.  The rules must recognize 
applicable work experience credits earned by educational technicians through completion 
of any work apprenticeship program offered by the Department of Labor.  Rules adopted 
under this subsection are routine technical rules pursuant to Title 5, chapter 375, 
subchapter 2-A.
Sec. 4.  20-A MRSA §15681-A, sub-§2, ¶D, as amended by PL 2017, c. 284, Pt. 
C, §37 and affected by §66, is further amended to read:
D.   Beginning July 1, 2018, to ensure the school administrative unit meets the federal 
maintenance of effort requirement for receiving federal Individuals with Disabilities 
Education Act funds in accordance with recommendations of any legislative task 
force established in the First Regular Session of the 128th Legislature to identify 
special education cost drivers and innovative approaches to services; and.
This paragraph is repealed July 1, 2019;
Sec. 5.  20-A MRSA §15681-A, sub-§2, ¶D-1 is enacted to read:
D-1.  Beginning July 1, 2019, to assist school administrative units in meeting the 
federal maintenance of effort requirement for receiving federal Individuals with 
Disabilities Education Act funds.  The additional allocation under this paragraph is 
limited by a statewide average per-pupil special education under-allocation rate 
calculated as follows:
(1)  First, for each school administrative unit, the difference between the EPS 
special education allocation, not including any funds received under this 
paragraph, and that school administrative unit's most recent adjusted special 
education expenditures must be calculated;
(2)  Second, the sum of the calculations made under subparagraph (1) for all 
school administrative units must be calculated; and
(3)  Third, the sum arrived at under subparagraph (2) must be divided by the 
statewide special education child count to arrive at the statewide average per-
pupil special education under-allocation rate.
The statewide average per-pupil special education under-allocation rate must be 
updated to reflect appropriate trends in the Consumer Price Index or other 
comparable index, plus 1%.  If the difference between a school administrative unit's 
EPS special education allocation, not including any funds received under this 
paragraph, and the school administrative unit's most recent adjusted special education 
expenditures, divided by the school administrative unit's special education child count 
results in a per-pupil amount that is greater than the statewide average per-pupil 
special education under-allocation rate, then the additional allocation under this 
paragraph is limited to the statewide average per-pupil special education under-
allocation rate times the school administrative unit's special education child count.  If 
the difference between a school administrative unit's EPS special education 
allocation, not including any funds received under this paragraph, and the school 
administrative unit's most recent adjusted special education expenditures, divided by 
the school administrative unit's special education child count results in a per-pupil 
amount that is equal to or less than the statewide average per-pupil special education 
under-allocation rate, that unit's additional allocation under this paragraph is the 
amount of the difference between the school administrative unit's EPS special 
education allocation, not including any funds received under this paragraph, and the 
school administrative unit's most recent adjusted special education expenditures; and
Sec. 6.  Collaboration between general education and special education.  
The Department of Education shall facilitate a process to help schools apply for targeted 
assistance through federal Title I funds in order to become eligible for shared funding for 
the development of school-wide programs designated under the federal Every Student 
Succeeds Act, 20 United States Code, Section 6315(a), and related regulations to support 
the continued and increased collaboration for comprehensive reform strategies to raise the 
achievement levels of all general education and special education students.  The 
Department of Education, with input from state and local education policy experts and 
stakeholders, shall inform school administrative units about the potential advantages of 
applying for targeted assistance and the procedures for receiving Title I funds by 
including the program information on the department's publicly accessible website.
Sec. 7.  Dual certification programs.  The Department of Education and the 
State Board of Education shall address special education staffing shortages by reviewing 
the certification processes in order to reduce barriers to obtaining special education and 
related certifications, including, without limitation, certifications for special education 
teachers, reading and math specialists and paraprofessionals.  The department and the 
state board shall collaborate with both state and local education policy makers to design 
and promote the use of dual certification programs at the university level whereby Maine 
students are able to graduate and obtain certification in both general and special 
education.  The department and the state board shall investigate the opportunities for 
promoting dual certification programs and shall jointly report their feedback, findings and 
recommendations to the joint standing committee of the Legislature having jurisdiction 
over education and cultural affairs no later than January 15, 2019.  After receipt and 
review of the report, the joint standing committee may report out legislation regarding the 
establishment of dual certification programs to the First Regular Session of the 129th 
Legislature.
Sec. 8.  Alternative pathway approaches for educational technicians.  The 
Department of Education shall design a program of alternative pathway approaches to 
special education certification for educational technicians based on the Department of 
Labor's apprenticeship program.  If such an apprenticeship program is not in place, the 
Department of Labor shall collaborate with the Department of Education to advance the 
special education certification program.  The departments shall jointly report their 
findings and recommendations to the joint standing committee of the Legislature having 
jurisdiction over education and cultural affairs no later than January 15, 2019.  After 
receipt and review of the report, the joint standing committee may report out legislation 
regarding the requirements for alternative pathway approaches for educational 
technicians to the First Regular Session of the 129th Legislature.
Sec. 9.  Recodification of the Maine Revised Statutes, Title 20-A, Part 4, 
subpart 1. The Office of Policy and Legal Analysis and the Office of the Revisor of 
Statutes, referred to in this section as "legislative staff," shall prepare a recodification of 
the Maine Revised Statutes, Title 20-A, Part 4, subpart 1, concerning special education, 
for introduction in the Second Regular Session of the 129th Legislature.  Legislative staff 
may consult with the Department of Education, the State Board of Education, the 
Department of Health and Human Services, the Office of the Attorney General and other 
interested parties in preparing the recodification.
Legislative staff shall submit the recodification under this section to the joint standing 
committee of the Legislature having jurisdiction over education and cultural affairs no 
later than January 15, 2020.
Sec. 10.  Review and revision of the state special education rules to 
improve usefulness, readability and clarity.  The Department of Education shall 
review and revise Rule Chapter 101, the Maine Unified Special Education Regulations, in 
order to streamline and realign the rule to make the provisions more organized and 
readable so that they provide the proper grammar, consistency and clarity for the 
regulatory framework for the appropriate administration and delivery of special education 
programs and services in Maine.
Sec. 11.  Streamline special education paperwork requirements.  The 
Department of Education shall streamline and reduce state requirements related to special 
education paperwork so that teachers can dedicate more time to direct student instruction 
by:
1.  Reviewing the regulations in Rule Chapter 101, the Maine Unified Special 
Education Regulations, to identify where paperwork and documentation requirements 
may exceed federal regulations and proposing changes to streamline the state 
requirements in order to reduce redundancy and bring state and federal regulations into 
alignment;
2.  Reviewing the standardized forms to identify duplication and implementing 
changes to reduce redundancy; and
3.  Collecting data on time spent on special education paperwork and meetings by 
general education and special education teachers, under current state baseline 
requirements.
Following its investigation of the opportunities for streamlining and reducing special 
education paperwork requirements, the department shall report its findings and 
recommendations to implement proposed rule changes to the joint standing committee of 
the Legislature having jurisdiction over education and cultural affairs no later than 
January 15, 2019.  After receipt and review of the report, the joint standing committee 
may report out legislation regarding the requirements related to special education 
paperwork to the First Regular Session of the 129th Legislature.
Sec. 12.  Review of allocation to assist school administrative units in 
meeting the federal maintenance of effort requirement for receiving federal 
Individuals with Disabilities Education Act funds.  The Department of Education 
shall review the federal and state funding formulas to increase the equity of special 
education allocations across all school administrative units.  The department shall 
specifically review the allocation provided under the Maine Revised Statutes, Title 20-A, 
section 15681-A, subsection 2, paragraph D-1 to determine whether any adjustments are 
appropriate.  The department shall report its findings and recommendations for any 
statutory changes to the joint standing committee of the Legislature having jurisdiction 
over education and cultural affairs not later than January 15, 2019.  After receipt and 
review of the report, the committee may report out a bill related to increasing the equity 
of special education allocations across all school administrative units.
Sec. 13.  Review and improvement of MaineCare billing systems and 
procedures.  The Department of Education shall collaborate with the Department of 
Health and Human Services to create a regional pilot program that uses a state agency 
navigator to provide seed money to school administrative units for MaineCare billing 
purposes for medically necessary services.  In order to gather input from the regional 
pilot program's stakeholders, the departments shall establish a working group to review 
and address the problems in the current MaineCare billing systems and processes for 
medically necessary services including:
1.  Improving the distribution of seed money to remove barriers for school 
administrative units to provide medically necessary services, particularly with respect to 
students sent to special purpose private schools;
2.  Considering regional collaborative billing for public schools or for regional 
service centers that are beyond a billing center; and
3.  Having a state agency navigator provide support for accessing funds for medically 
necessary services.
Following the conclusion of the regional pilot program, the Department of Education 
and the Department of Health and Human Services working group shall establish a time 
frame to implement policies and rules to improve the quality of MaineCare billing 
services and the reduction of risks and administrative burdens for school administrative 
units by fiscal year 2019-20.  The departments shall jointly report their findings and 
recommendations to the joint standing committees of the Legislature having jurisdiction 
over education and cultural affairs and health and human services matters no later than 
January 15, 2019.  After receipt and review of the report, the joint standing committees 
may report out legislation regarding the requirements for the MaineCare billing systems 
to the First Regular Session of the 129th Legislature.
Sec. 14.  Explore and address the costs associated with special education 
litigation and educational program materials.  The joint standing committee of the 
Legislature having jurisdiction over education and cultural affairs shall submit a request 
for consideration by the steering committee of the Maine Education Policy Research 
Institute to include a research project in the cooperative project agreement approved for 
fiscal year 2018-19 to investigate and address the costs associated with special education 
litigation and educational program materials to determine the actual cost to school 
districts and how to reduce those costs.  The Maine Education Policy Research Institute 
shall gather additional information on what is driving special education litigation and on 
the actual costs of the litigation to school administrative units.  The research project must 
analyze the drivers and associated costs of litigation with a goal of reducing litigation 
costs while still providing special education services that meet the needs of the students.  
Should the research project be included in the cooperative project agreement approved for 
fiscal year 2018-19, the Maine Education Policy Research Institute shall report the 
findings and recommendations to the joint standing committee of the Legislature having 
jurisdiction over education and cultural affairs no later than January 15, 2019.
SUMMARY
This bill is reported out by the Joint Standing Committee on Education and Cultural 
Affairs pursuant to Resolve 2017, chapter 26, section 7.  The bill includes certain 
recommendations proposed in the report submitted by the Task Force To Identify Special 
Education Cost Drivers and Innovative Approaches to Services established for 
consideration by the 128th Legislature.
The joint standing committee has not taken a position on the substance of the report 
or this bill; and by submitting this bill the committee is not suggesting and does not 
intend to suggest that it agrees or disagrees with any aspect of the recommendations and 
the necessary changes to the Maine Revised Statutes, Title 20-A included in the report or 
this bill.  The joint standing committee is submitting the bill for the sole purpose of 
turning certain proposals in the report into a printed bill that can be referred to the 
committee for an appropriate public hearing and subsequent processing in the normal 
course of business. The joint standing committee is taking this action to ensure clarity and 
transparency in the legislative review of the proposals included in the report submitted by 
the Task Force To Identify Special Education Cost Drivers and Innovative Approaches to 
Services.