An Act To Reorganize the Provision of Services for Children with Disabilities from Birth to 5 Years of Age
Maine Legislature, Session 128, LD 1870
Committee: Education and Cultural Affairs
Sponsors: LANGLEY
Amends: 5 MRSA §285, 5 MRSA §12021, 20-A MRSA §1001, 20-A MRSA §5201, 20-A MRSA §6202, 20-A MRSA §7001, 20-A MRSA §7006, 20-A MRSA §7204, 20-A MRSA §7209, 20-A MRSA §7210, 20-A MRSA §7211, 20-A MRSA §7252-A, 20-A MRSA §7252-B, 20-A MRSA §13022, 20-A MRSA §13024, 22 MRSA §1532, 22 MRSA §3174-P, 22 MRSA §3739, 22 MRSA §8301-A, 22 MRSA §8824, 22 MRSA §8943

Legislative Document
No. 1870
S.P. 713
In Senate, March 20, 2018
An Act To Reorganize the Provision of Services for Children with 
Disabilities from Birth to 5 Years of Age
Submitted by the Department of Education pursuant to Joint Rule 203.
Reference to the Committee on Education and Cultural Affairs suggested and ordered 
printed.
HEATHER J.R. PRIEST
Secretary of the Senate
Presented by Senator LANGLEY of Hancock.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  5 MRSA §285, sub-§1, ¶F-7, as corrected by RR 2009, c. 1, §5, is 
repealed.
Sec. 2.  5 MRSA §12021, sub-§6, ¶A, as enacted by PL 2011, c. 616, Pt. A, §1, is 
repealed.
Sec. 3.  20-A MRSA §1001, sub-§9-B, as amended by PL 2005, c. 662, Pt. A, §6, 
is further amended to read:
9-B.  Disciplinary sanctions for children with disabilities.  They retain the 
authority to sanction a child with a disability as defined in section 7001, subsection 1-A 
1-B for misconduct that violates school rules.  Notwithstanding the duties of school 
administrative units as described in section 7202, the school board may authorize the 
superintendent, principal or assistant principal to enforce this subsection by allowing the 
superintendent, principal or assistant principal to suspend a child with a disability up to a 
maximum of 10 days individually or cumulatively for infractions of school rules.  When a 
child with a disability is suspended for 10 days or less individually or cumulatively within 
a school year for a violation of school rules, the school board is not required to provide a 
tutor, transportation or any other aspect of the student's special education program.  
Discipline of children with disabilities must be consistent with the requirements of the 
federal Individuals with Disabilities Education Act, 20 United States Code, Section 
1415(k).
Sec. 4.  20-A MRSA §5201, sub-§3, ¶E, as amended by PL 2005, c. 662, Pt. A, 
§12, is further amended to read:
E.  The eligibility for a child with a disability is governed by section 7001, subsection 
1-A 1-B.
Sec. 5.  20-A MRSA §6202, first ¶, as amended by PL 2015, c. 40, §4, is further 
amended to read:
The commissioner shall establish a statewide assessment program to measure and 
evaluate on a continuing basis the academic achievements of students in grades 3 to 12 on 
the accountability standards set forth in section 6209 and in department rules 
implementing that section and other curricular requirements.  The commissioner may 
elect to provide for the use of alternative measures of student achievement in grades 9 to 
12.  This assessment applies to students in the public elementary and secondary schools, 
in public charter schools, as that term is defined in section 2401, subsection 9, and in all 
private schools approved for tuition whose school enrollments include at least 60% 
publicly funded students, as determined by the previous school year's October and April 
average enrollment.  The assessment program must be adapted to meet the needs of 
children with disabilities as defined in section 7001, subsection 1-A 1-B or other students 
as defined under rules by the commissioner.
Sec. 6.  20-A MRSA §7001, sub-§1-A, as amended by PL 2011, c. 655, Pt. OO, 
§1, is repealed.
Sec. 7.  20-A MRSA §7001, sub-§1-B, as amended by PL 2011, c. 542, Pt. A, 
§21, is further amended to read:
1-B.  Child with a disability.  "Child with a disability" means:
A.  For children from birth to under 3 years of age:
(1)  A child who needs early intervention services because the child has a 
significant developmental delay, as measured by both diagnostically appropriate 
instruments and procedures, in one or more of the following areas: cognitive 
development; 
physical 
development, 
including 
vision 
and 
hearing; 
communication development; social or emotional development; and adaptive 
development; or
(2)  A child with a diagnosed physical or mental condition that has a high 
probability of resulting in a developmental delay, with the condition being such 
that the child needs early intervention services; or
B.  For children at least 3 years of age and under 20 years of age evaluated in 
accordance with the federal Individuals with Disabilities Education Act, 20 United 
States Code, Section 1414, subsections (a) to (c) as measured by both standardized, 
norm-referenced diagnostic instruments and appropriate procedures with delays or 
impairments such that the children need special education:
(1)  A child at least 3 years of age and under 6 years of age with a significant 
developmental delay, at the discretion of the intermediate educational unit or 
school administrative unit, as defined in rules adopted by the department, in one 
or more of the following areas:  cognitive development; physical development, 
including vision and hearing; communication development; social or emotional 
development; and adaptive development; or
(2)  A child with at least one of the following:
(a)  Intellectual disability;
(b)  Hearing impairment, including deafness;
(c)  Speech or language impairment;
(d)  Visual impairment, including blindness;
(e)  Serious emotional disturbance;
(f)  Orthopedic impairment;
(g)  Autism;
(h)  Traumatic brain injury;
(i)  Other health impairment;
(j)  Specific learning disabilities;
(k)  Deafness and blindness; and
(l)  Multiple disabilities.
Sec. 8.  20-A MRSA §7001, sub-§1-C, as enacted by PL 2005, c. 662, Pt. A, §15, 
is amended to read:
1-C.  
Early intervention services.  
"Early intervention services" means 
developmental services that are provided under public supervision; are provided at no 
cost except where federal or state law provides for a system of payments by families, 
including a schedule of sliding fees; are designed to meet the developmental needs of a 
child an infant or toddler with a disability, as identified by the individualized family 
service plan team, in one or more areas including physical development, cognitive 
development, communication development, social or emotional development and 
adaptive development; meet the standards of the State; are provided by qualified 
personnel; to the maximum extent appropriate, are provided in natural environments, 
including the home, and community settings in which children infants or toddlers without 
disabilities participate; and are provided in conformity with an individualized family 
service plan.
Sec. 9.  20-A MRSA §7001, sub-§2-A, as amended by PL 2011, c. 477, Pt. F, §1, 
is further amended to read:
2-A.  Free, appropriate public education.  "Free, appropriate public education" 
means special education and related services that are provided at public expense, under 
public supervision and direction and without charge; meet the standards of the 
department; include an appropriate preschool, elementary school or secondary school 
education in the State; and are provided in conformity with the individualized family 
service plan or individualized education program.  The Child Development Services 
System shall provide free, appropriate public education to a preschool child with 
disabilities who reaches 5 years of age between July 1st and October 15th if that child is 
already receiving free, appropriate public education through the Child Development 
Services System and the child's individualized education program team determines, in 
accordance with rules adopted by the commissioner, that it is in the best interest of the 
child not to enroll that child in kindergarten until the start of the following school year.
Sec. 10.  20-A MRSA §7001, sub-§2-B, as amended by PL 2011, c. 655, Pt. OO, 
§2, is repealed.
Sec. 11.  20-A MRSA §7001, sub-§2-D is enacted to read:
2-D.  Infant or toddler with a disability.  "Infant or toddler with a disability" means 
a child from birth to under 3 years of age:
A.  Who needs early intervention services because the child has a significant 
developmental delay, as measured by both diagnostically appropriate instruments and 
procedures, in one or more of the following areas: cognitive development; physical 
development, including vision and hearing; communication development; social or 
emotional development; and adaptive development; or
B.  With a diagnosed physical or mental condition that has a high probability of 
resulting in a developmental delay, with the condition being such that the child needs 
early intervention services. 
Sec. 12.  20-A MRSA §7006, as enacted by PL 2005, c. 662, Pt. A, §20, is 
amended to read:
§7006.  Responsibility
The Department of Education is designated as the state education agency responsible 
for carrying out the State's obligations under the federal Individuals with Disabilities 
Education Act, 20 United States Code, Section 1400 et seq., as amended.  The department 
and every school administrative unit, intermediate educational unit, public school or other 
public agency that receives federal or state funds to provide early intervention or free, 
appropriate public education services to children with disabilities shall comply with the 
federal Individuals with Disabilities Education Act, as amended, and all federal 
regulations adopted under the Act.
Sec. 13.  20-A MRSA §7204, sub-§4, as amended by PL 2005, c. 662, Pt. A, §25, 
is further amended to read:
4.  Program approval.  Shall approve plans for all early intervention and special 
education programs.  The criteria for approval must include: 
A.  Requirements for admission;
B.  Qualification or certification of staff;
C.  Plan of instruction;
D.  Adequacy of facilities;
E.  Adequacy of supportive services;
F.  Professional supervision; and
G.  Teacher-student ratio;
Sec. 14.  20-A MRSA §7209, as amended by PL 2017, c. 284, Pt. SSS, §1 and Pt. 
AAAAAA, §§1 and 2, is further amended to read:
§7209.  General administration and supervision 
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 under 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 infants and toddlers with disabilities.
A.  The commissioner is responsible for developing and adopting rules necessary to 
carry out the provisions of Part C of the federal Individuals with Disabilities 
Education Act, Part B, Section 619 and Part C, 20 United States Code, Section 1400 
et seq.
B-1.  The commissioner or the commissioner's designee is responsible for developing 
and implementing a funding mechanism for the operation of the state intermediate 
educational unit established pursuant to subsection 3 and the delivery of services to 
eligible children with disabilities from birth to under 6 years of age.
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 shall develop a corrective action plan with timelines to achieve 
compliance with federal or state law.  The department shall report at least quarterly to 
the state interagency coordinating council described in 20 United States Code, 
Section 1441, to the state advisory panel described in 34 Code of Federal 
Regulations, Sections 300.167 to 300.169 and to other advisory bodies that may be 
appropriate about individual regional sites that are under a corrective action plan. 
These reports must describe any progress or slippage by individual regional sites in 
meeting compliance requirements. For an individual regional site under a corrective 
action plan, the reports must describe how long the department expects the regional 
site to remain under a corrective action plan. 
F.  The department is responsible for the provision of early intervention services to 
eligible infants and toddlers with disabilities and their families.  The department shall 
employ or contract with appropriate qualified personnel to provide these early 
intervention services. 
3.  State intermediate educational unit establishment; administrative functions.  
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 
under 6 years of age, ensuring the provision of early intervention services for eligible 
children from birth to under 3 years of age and ensuring a free, appropriate public 
education for eligible children at least 3 years of age and under 6 years of age.  The state 
intermediate educational unit shall perform the following statewide coordination and 
administration functions:
A.  Establish standard policies and procedures for a statewide salary and benefits 
administration system, including personnel classifications, position descriptions and 
salary ranges, and a standard package of health, retirement and other fringe benefits 
for Child Development Services System personnel, 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;
B-1.  Bargain collectively under Title 26, chapter 9-A 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 fiscal administration to be 
implemented by September 1, 2006.  The state intermediate educational unit shall 
establish internal controls and implement accounting policies and procedures in 
accordance with standards set forth by the State Controller;
D.  Develop and implement a centralized data management system to be fully 
operational beginning July 1, 2007;
E.  
Establish a standard, statewide template for regional site contracts with 
therapeutic service providers, including policies and procedures for the review of 
contracts, beginning in fiscal year 2006-07;
F.  Refine program accountability standards for compliance with federal mandates, 
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; 
H.  Employ professional and other personnel at the state level and at the regional 
sites, 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.
3-A.  
State intermediate educational unit; program functions.  
The state 
intermediate educational unit established pursuant to subsection 3, through a network of 
regional sites as appropriate, shall:
A.  Engage in child find activities as required by the federal Individuals with 
Disabilities Education Act, 20 United States Code, Section 1400 et seq.;
B.  Engage in child count activities as required by the federal Individuals with 
Disabilities Education Act, 20 United States Code, Section 1400 et seq.;
C.  Engage in appropriate data collection, training, staff development and direct 
service provision to eligible children with disabilities, from birth to under 3 years of 
age, in accordance with Part C of the federal Individuals with Disabilities Education 
Act, 20 United States Code, Section 1400 et seq.;
D.  Ensure that eligible children with disabilities, from birth to under 3 years of age, 
receive early intervention services, in accordance with the payment provisions 
established by the State;
E.  Ensure that eligible children with disabilities, from 3 years of age to under 6 years 
of age, receive free, appropriate public education services;
F.  Coordinate with eligible families the development of individualized family service 
plans for children with disabilities from birth to 2 years of age or coordinate an 
individualized education program for a child 3 years of age to under 6 years of age; 
G.  Ensure 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 programmatic resources, 
regardless of a child's eligibility for early intervention or free, appropriate public 
education; and
H.  Engage in appropriate training and staff development for identification of and to 
provide intervention services for children with autism.
4.  Director of early childhood special education and intervention services.  The 
commissioner or the commissioner's designee director of the office of special services 
within the department shall appoint hire and supervise a director of early childhood 
special education and intervention services.  The director of early childhood special 
education and intervention services has the following powers and duties:
A.  To administer the state intermediate educational unit established under subsection 
and programs established pursuant to subsection 3-A oversee the provision of early 
intervention services to all eligible infants and toddlers with disabilities and their 
families in the State.  The director shall develop operating policies and establish 
organizational and operational procedures that include supervision of service 
providers, monitoring, data and accountability structures to meet the requirements of 
the federal Individuals with Disabilities Education Act, Part B, Section 619 and Part 
C, 20 United States Code, Section 1400 et seq.; and
A-1.  To oversee the operation of the regional sites;
B.  To develop 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 under 6 years of age; the 
provisions of the federal Individuals with Disabilities Education Act, Part C, 20 
United States Code, Section 1400 et seq. 
C.  To provide 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 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; 
E.  To report annually by February 15th 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 and the joint standing committee of the Legislature having jurisdiction over 
appropriations and financial affairs on the performance of the Child Development 
Services System.  This report must be posted on the publicly accessible website of the 
department.  The report must include:
(1)  The following financial information for the Child Development Services 
System in total and separately for the services provided to eligible children from 
birth to under 3 years of age and at least 3 years of age and under 6 years of age 
when the information can be separated for these age categories:
(a)  Actual expenditures compared to the budget for each of the last 3 fiscal 
years for each regional site, the central office and the total Child 
Development Services System by function, including case management, 
direct services and administration;
(b)  Actual expenditures compared to the budget for each of the last 3 fiscal 
years for each regional site, the central office and the total Child 
Development Services System by expense type, including salaries, benefits, 
contracted services and transportation;
(c)  Actual revenues received compared to the budget for each of the last 3 
fiscal years by revenue source; and
(d)  The total dollar value of MaineCare claims paid through the Department 
of Health and Human Services for each of the last 3 fiscal years for services 
provided pursuant to children's individualized education programs or 
individualized family service plans that were billed directly to the MaineCare 
program by contracted service providers;
(2)  The following data for the Child Development Services System in total and 
separately for the services provided to eligible children from birth to under 3 
years of age and at least 3 years of age and under 6 years of age, including 
descriptions of any notable variations in these data among regional sites and any 
notable year-to-year trends over the past 5 years:
(a)  The number of children referred to the Child Development Services 
System in the prior year by referral source, including the screening programs 
in Title 22, sections 1532, 8824 and 8943, and the percentage of children 
referred found eligible for services;
(b)  The number of children who entered the Child Development Services 
System in the prior year, categorized by primary disability;
(c)  The number of children who exited the Child Development Services 
System in the prior year, categorized by primary disability and the reason for 
exit;
(d)  The number of children who transitioned in the prior year from early 
intervention services for children from birth to under 3 years of age to special 
education and related services for children at least 3 years of age and under 6 
years of age;
(e)  The unduplicated count of children who received direct services as of 
December 1st in the prior year;
(f)  The number of children who received direct services in the prior year by 
regional site and in total for the Child Development Services System, 
categorized by primary disability;
(g)  For each primary disability category, the number of children who 
received, in the prior year, each primary type of therapy or service;
(h)  The percentage of children who received direct services in the prior year 
who had MaineCare coverage for all or some of the services specified in their 
individualized education programs or individualized family service plans and 
the percentage of children who received direct services in the prior year who 
had private insurance coverage for all or some of the services specified in 
their individualized education programs or individualized family service 
plans;
(i)  Beginning January 1, 2015, the number of children who received direct 
services in the prior year who were born in the State and the number of 
children who received direct services in the prior year who were born in the 
State and who were delivered at home;
(j)  Beginning January 1, 2015, the total number of children who were 
referred in the prior year for support outside of the Child Development 
Services System under subsection 3-A, paragraph G and the number of 
children who received direct services in the prior year who were referred for 
support outside of the Child Development Services System under subsection 
3-A, paragraph G; and
(k)  Beginning January 1, 2015, the number of children who received direct 
services in the prior year who received all of the services in their 
individualized family service plan or individualized education program and 
the number of children who received direct services in the prior year who 
received less than 90% of the services in their individualized family service 
plan or individualized education program;
(3)  A listing of the regional sites and their locations and the following data for 
the Child Development Services System in total and by regional site, including 
descriptions of any notable variations in these statistics among regional sites and 
any notable year-to-year trends over the past 5 fiscal years:
(a)  The total number of employees by function and the number of new 
employees hired in the prior fiscal year by function;
(b)  The number of private providers that contracted with the Child 
Development Services System to provide direct services, including 
transportation services, and the number of contracted providers delivering 
each type of service in the prior fiscal year;
(c)  The number of children who received direct services provided by Child 
Development Services System employees in the prior fiscal year and the 
number of children who received direct services provided by contracted 
private providers in the prior fiscal year;
(d)  The number of preschool or day care programs operated by each regional 
site, the average enrollment in each program, the percentage of enrollees that 
are children receiving services under individualized education programs or 
individualized family service plans and expenses and revenues for the prior 
fiscal year associated with the programs in each site; and
(e)  The number of children who received direct services in the prior fiscal 
year while placed in preschool programs operated by public school systems;
(4)  Statistics and analysis of the following Child Development Services System 
performance measures for the prior fiscal year, including descriptions of any 
notable variations in these measures among regional sites and any notable year-
to-year trends over the past 5 fiscal years:
(a)  Measures of compliance with key federal requirements related to 
timeliness, quality and effectiveness of service as set out in required annual 
federal reporting under the federal Individuals with Disabilities Education 
Act;
(b)  
Measures of compliance with key state requirements related to 
timeliness, quality and effectiveness of service as set out in statute and rules;
(c)  Measures of productivity for Child Development Services System 
employees providing case management and direct services to children;
(d)  Measures of per unit costs, including the average cost of delivered 
services per child by primary disability type, the average cost per unit of each 
type of therapy or service delivered by Child Development Services System 
staff and the average cost per unit of each type of therapy or service delivered 
by contracted providers;
(e) Beginning January 1, 2015, the average age, both in aggregate and by 
primary disability type, at which children who were born in the State began 
receiving services from the Child Development Services System and the 
average age, both in aggregate and by primary disability type, at which 
children who were born in the State and who were delivered at home began 
receiving services from the Child Development Services System; and
(f)  Any other performance goals and measures established by the Child 
Development Services System to monitor effectiveness, efficiency and the 
cost of the Child Development Services System, which may include results 
of surveys of parents and guardians on the quality and effectiveness of 
services;
(5) Beginning January 1, 2015, a report by each regional site in the Child 
Development Services System demonstrating trends of Child Development 
Services System employee costs and the results of coordination, utilization and 
development of services with a broad base of community resources, including 
private providers and public schools, midwives, resources from other agencies 
and other resources serving families and children from birth to under 6 years of 
age, consistent with the provisions of Title 22, section 3571, subsection 3; and
(6)  A description of current and emerging trends and challenges that are having 
an effect on or are expected to have an effect on costs, services or service 
delivery methods of the Child Development Services System; and
F.  To provide the following data by the 20th day of each month to the Office of 
Fiscal and Program Review, either in a monthly report or by providing the office 
electronic access to the computer systems and applications by which the raw data are 
stored, for each regional site and the central office:
(1)  Monthly actual and budgeted revenue by funding source for the prior month; 
and
(2)  Monthly actual and budgeted expenditures by funding source and by 
expenditure category for the prior month.
For the purposes of this subsection, "direct services" includes evaluations; therapies; 
special instruction; the use of specially designed materials for instruction, screening and 
testing; the use of assistive technology devices; and transportation and use of physical 
space associated with providing other direct services.
Sec. 15.  20-A MRSA §7210, as enacted by PL 2005, c. 662, Pt. A, §30, is 
repealed.
Sec. 16.  20-A MRSA §7211 is enacted to read:
§7211.  Early childhood special education services
Notwithstanding section 7209, pursuant to 34 Code of Federal Regulations, Section 
300.39(a), early childhood special education and related services, as defined in the federal 
Individuals with Disabilities Education Act, 20 United States Code, Section 1400 et seq., 
may be provided for children at least 3 years of age and under 6 years of age in 
accordance with this section.  For the purposes of this section, "early adopter" means a 
school administrative unit that agrees to take responsibility for free, appropriate public 
education for children with disabilities at least 3 years of age and under 6 years of age 
prior to July 1, 2020.  The school administrative unit may take responsibility for only its 
own resident children or may agree to also be responsible for children outside its 
catchment area if approved by the department.  A school administrative unit may be an 
early adopter for the fiscal years 2018-19 and 2019-20.
1.  Fiscal years 2018-19 and 2019-20.  A school administrative unit may apply to the 
department to begin providing early childhood special education and related services 
under this section beginning in fiscal year 2018-19 or 2019-20.  An early adopter is 
responsible for providing early childhood special education and related services to 
children at least 3 years of age and under 6 years of age.
2.  Support for early adopters.  The department may provide support to school 
administrative units that implement early adopter programs approved by the 
commissioner.  Support may include first-year start-up funds from available state and 
federal resources as well as reallocation of available Child Development Services System 
funds.  Support may also include paying the cost of administrative support approved by 
the department.
3.  Other resources for early adopter programs.  The following resources are 
available for early adopters.
A.  The commissioner shall consider any school administrative unit facility upgrades 
and renovations necessary for providing special education and related services for 
children at least 3 years of age and under 6 years of age to have Priority 1 status 
under the School Revolving Renovation Fund under Title 30-A, section 6006-F.
B.  The commissioner shall consider any school administrative unit space necessary 
for providing early childhood special education and related services for children at 
least 3 years of age and under 6 years of age as instructional space or regional 
programs and services space under section 15672, subsection 2-A, paragraph B.
C.  For the purposes of transporting students at least 3 years of age and under 5 years 
of age pursuant to this section, the commissioner shall include seat belts and car seats 
as an allowable component for bus purchases pursuant to approvals under chapter 
and for the purposes of school funding under chapter 606-B.
D.  The commissioner shall consider any administrative and technical support that 
would enhance consistent delivery of services to children at least 3 years of age and 
under 20 years of age.
4.  Rulemaking.  The department may adopt rules to implement this section.  Rules 
adopted pursuant to this subsection are routine technical rules as defined in Title 5, 
chapter 375, subchapter 2-A.
Sec. 17.  20-A MRSA §7252-A, as amended by PL 2005, c. 662, Pt. A, §31, is 
further amended to read:
§7252-A.  Special education programs; approval
Early intervention and special Special education programs may be established for the 
delivery of early intervention and special education services to children with disabilities 
in accordance with section 7204, subsection 4.  An early intervention program may be 
provided by an intermediate educational unit, an approved private school or a state 
licensed agency.  A special education program may be offered by a school administrative 
unit, an approved private school or a state licensed agency.  All early intervention and 
special education programs offered by approved private schools or state licensed agencies 
must:
1.  Supervision.  Be provided under the supervision of the school administrative unit 
responsible for the education of the child with a disability enrolled in the program;
2.  Description.  Be described in a master contractual agreement between the agency 
or private school and the commissioner; and
3.  Approval.  Be approved in advance of the enrollment of any child with a 
disability.
Sec. 18.  20-A MRSA §7252-B, as amended by PL 2005, c. 662, Pt. A, §32, is 
further amended to read:
§7252-B.  Early intervention; special education services; approval
The commissioner shall adopt or amend rules to define allowable early intervention 
and special education services and the qualifications of individuals who provide early 
intervention or special education services.  Each intermediate educational unit, approved 
private school or state licensed agency providing early intervention services shall submit 
a report at such time and in such form as the commissioner may require.  Each school 
administrative unit, approved private school or state licensed agency providing special 
education services shall submit a report at such time and in such form as the 
commissioner may require.
Sec. 19.  20-A MRSA §13022, sub-§1-A, as enacted by PL 2011, c. 386, §2, is 
amended to read:
1-A.  Scope of services.  A school psychologist delivers services to children from 
birth to grade 12 who are eligible to be enrolled in educational and intermediate 
educational units, special education programs and approved private schools.  The services 
delivered are the services articulated under the domains of practice in the current Model 
for Comprehensive and Integrated School Psychological Services developed and 
published by the National Association of School Psychologists.
Sec. 20.  20-A MRSA §13024, sub-§1, ¶D, as amended by PL 2017, c. 235, §28 
and affected by §41, is further amended to read:
D.  Personnel for whom certification is not required prior to being hired or being 
placed under contract by a public school or an intermediate educational unit.
Sec. 21.  22 MRSA §1532, sub-§2, as enacted by PL 2013, c. 397, §1, is amended 
to read:
2.  Referrals.  The department shall in a timely fashion refer newborn infants with 
confirmed treatable congenital, genetic or metabolic conditions or critical congenital 
heart disease to the Child Development Services System as defined in Title 20-A, section 
7001, subsection 1-A Department of Education.  The department shall in a timely fashion 
refer a newborn infant to the Child Development Services System Department of 
Education if at least 6 months have passed since an initial positive test result of a treatable 
congenital, genetic or metabolic condition without the specific nature of the condition 
having been confirmed.  The department and the Department of Education shall execute 
an interagency agreement to facilitate all referrals made pursuant to 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 Department of Education may make direct contact with 
the families who are referred.  The referrals may be made electronically. For purposes of 
quality assurance and improvement, the Child Development Services System Department 
of Education shall supply aggregate data to the department at least annually on the 
numbers of children referred to the Child Development Services System Department of 
Education under this section who were found eligible and ineligible for early intervention 
services.  The department shall supply data at least annually to the Child Development 
Services System Department of Education on how many children in the newborn blood 
spot screening program as established by rule of the department under section 1533, 
subsection 2, paragraph G were screened and how many were found to have a disorder.
Sec. 22.  22 MRSA §3174-PP, as enacted by PL 2009, c. 643, §1, is amended to 
read:
§3174-PP.  Medicaid reimbursement for eligible services provided through school 
administrative units
1.  Consultation.  Prior to adopting or amending any rule that pertains to the 
administration of a program of Medicaid coverage established by the department pursuant 
to this chapter for services that qualify for reimbursement and are provided through the 
auspices of the Child Development Services System and school administrative units in 
accordance with the federal Individuals with Disabilities Education Act, 20 United States 
Code, Section 1400 et seq., the Office of MaineCare Services shall consult with the 
following interested parties on the proposed adoption or amendment of rules:
A.  The Commissioner of Education or the commissioner's designee;
B.  The Executive Director of the Maine School Management Association or the 
executive director's designee;
C.  The executive director of a statewide organization of administrators of services 
for children with disabilities or the executive director's designee;
D.  The executive director of a statewide organization for disability rights or the 
executive director's designee; and
E.  The Executive Director of the Maine Developmental Disabilities Council or the 
executive director's designee.
2.  Monthly report.  The Office of MaineCare Services shall prepare and submit at 
the beginning of each month a report that includes a detailed statement of the status of 
any proposed adoption or amendment of rules that pertain to the Medicaid programs 
specified in subsection 1 to the joint standing committee of the Legislature having 
jurisdiction over education matters and the joint standing committee of the Legislature 
having jurisdiction over health and human services matters.
Sec. 23.  22 MRSA §3739, sub-§2, as amended by PL 2011, c. 657, Pt. AA, §63, 
is further amended to read:
2.  Membership.  The council has a minimum of 28 27 members, appointed as 
follows:
A.  One employee of the department's office of integrated access and support who is 
responsible for child care services, appointed by the commissioner;
B.  The employee of the Department of Health and Human Services, Office of Child 
Care and Head Start who serves as the state child care administrator, or the state child 
care administrator's designee;
C.  One employee of the division within the department concerned with children's 
behavioral health services, appointed by the commissioner;
D.  Two employees of the Department of Education, one of whom represents special 
education programs and one of whom oversees public programs for children 4 years 
of age, appointed by the Commissioner of Education;
E.  One employee who serves as the state Head Start collaboration director, or the 
state Head Start collaboration director's designee;
F.  The State Fire Marshal or the State Fire Marshal's designee;
G.  One employee of the organizational unit of the department that provides programs 
and services for substance abuse prevention and treatment, appointed by the 
commissioner;
H.  One employee of the Department of Economic and Community Development, 
appointed by the Commissioner of Economic and Community Development;
I.  One member of the Senate, appointed by the President of the Senate;
J.  Two members of the House of Representatives, at least one of whom may not be 
from the party with the most members in the House of Representatives, appointed by 
the Speaker of the House of Representatives;
K.  One parent or other consumer who receives a child care subsidy at the time of that 
parent's or consumer's appointment, appointed by the Governor;
L.  One parent or other consumer of child care services who does not receive a child 
care subsidy, appointed by the Governor;
M.  One business representative nominated by the Maine Chamber of Commerce and 
Industry, appointed by the Governor;
N.  One center-based care representative nominated by the Maine Child Care 
Directors' Association, appointed by the Governor;
O.  One Head Start provider nominated by the Maine Head Start Directors' 
Association, appointed by the Governor;
P.  One family child care provider nominated by an association of family child care 
providers in the State, appointed by the Governor;
Q.  One person representing Native Americans, appointed by the Governor;
R.  One child care provider who does not receive public funds, appointed by the 
Governor;
S.  
One person representing a nonprofit advocacy organization dedicated to 
improving the lives of children, youth and their families, appointed by the Governor;
T.  One person associated with a Child Development Services System site, appointed 
by the Governor;
U.  One person representing a collaborative partnership between the University of 
Maine and the Department of Health and Human Services, Office of Child Care and 
Head Start, nominated by the University of Maine Center for Community Inclusion 
and Disability Studies, appointed by the Governor;
V.  One representative of women nominated by the Maine Women's Lobby, 
appointed by the Governor; 
W.  One direct service provider of child care for school-age children, nominated by 
the University of Maine at Farmington, Maine Afterschool Network, or a successor 
program, appointed by the Governor;
X.  One person representing the University of Southern Maine, Edmund S. Muskie 
School of Public Service, Maine Roads to Quality, or a successor program, appointed 
by the Governor;
Y.  A person representing an association of resource development centers in the State, 
appointed by the Governor; and
Z.  One person representing home-based child care providers, appointed by the 
Governor.
Senators and members of the House of Representatives serve for the duration of the 
legislative terms that they are serving when appointed.  Members from state departments 
serve at the pleasure of their appointing authorities.  All other members serve 3-year 
terms and may continue to serve beyond their terms until their successors are appointed.  
If a vacancy occurs before a term has expired, the vacancy must be filled for the 
remainder of the unexpired term by the authority who made the original appointment.  If 
a member is absent for 2 consecutive meetings and has not been excused by the chair 
from either meeting, the council may remove the member by majority vote.  If a 
nominating organization does not submit nominations within a reasonable period of time, 
the appointing authority may fill that organization's seat with a member of the public at 
large.
The council shall determine whether more than 28 27 members would assist it in its work 
under subsections 1 and 5.  If a majority of the council votes to request the appointment 
of additional members, the council shall specify the number of additional members 
needed and shall convey a request for the appointment of those additional members to the 
Governor, who shall make the appointments.
Sec. 24.  22 MRSA §8301-A, sub-§1-A, ¶B, as amended by PL 2009, c. 211, Pt. 
B, §20, is further amended to read:
B.  "Child care facility" means a child care center, small child care facility or nursery 
school.  "Child care facility" does not include a facility operated by a family child 
care provider, a youth camp licensed under section 2495, programs offering 
instruction to children for the purpose of teaching a skill such as karate, dance or 
basketball, a formal public or private school in the nature of a kindergarten or 
elementary or secondary school approved by the Commissioner of Education in 
accordance with Title 20-A or a private school recognized by the Department of 
Education as a provider of equivalent instruction for the purpose of compulsory 
school attendance.  Any program for children under 5 years of age that is located in a 
private school and programs that contract with one or more Child Development 
Services System sites are is required to be licensed as a child care facility.
Sec. 25.  22 MRSA §8824, sub-§1-A, as amended by PL 2007, c. 695, Pt. A, §28, 
is further amended to read:
1-A.  Referral to Department of Education.  The department shall adopt rules 
according to which it shall in a timely fashion refer children identified in subsection 1 as 
having a high likelihood of having a hearing impairment to the Child Development 
Services System Department of Education.  The rules must also describe the timetables 
under which the department shall refer to the Child Development Services System 
Department of Education children identified by the department in accordance with 
subsection 1 as having possible hearing impairment but for whom hearing impairment has 
been neither confirmed nor disconfirmed by 6 months of age.  The Department of 
Education and the Department of Health and Human Services shall execute an 
interagency agreement 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 
Department of Education 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 Department of Education 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. 26.  22 MRSA §8943, as amended by PL 2007, c. 450, Pt. A, §9, is further 
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 information to and distribution of information from the central registry 
are subject to the requirements of this chapter and other provisions of law.  Information 
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 Department of Education 
children with confirmed 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 Department of 
Education 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 Department of Education 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 Department of Education 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 that child.
Sec. 27.  Rulemaking.  The Department of Education shall adopt rules to 
implement this Act.  Rules adopted pursuant to this section are routine technical rules as 
defined in the Maine Revised Statutes, Title 5, chapter 375, subchapter 2-A.
Sec. 28.  Transition provisions.  The following provisions govern the transition 
of responsibility for providing special education and related services to children with 
disabilities who are at least 3 years of age and under 6 years of age from the Child 
Development Services System, state intermediate educational unit to the school 
administrative units of residence and the closure of the Child Development Services 
System, state intermediate educational unit.
1.  Implementation schedule.  Notwithstanding the Maine Revised Statutes, Title 
20-A, section 7209, subsection 3-A, the school administrative unit of residence is 
responsible for providing special education and related services to children with 
disabilities at least 3 years of age and under 6 years of age in accordance with the 
following.
A.  Early adopter school administrative units under Title 20-A, section 7211 begin 
serving these children in fiscal year 2018-19 or 2019-20.
B.  School administrative units shall fully meet their responsibilities under Part B, 
Section 619 of the federal Individuals with Disabilities Education Act by July 1, 
2020.
2.  Regional sites.  The Department of Education shall adjust the Child Development 
Services System regional sites during the implementation of the schedule in subsection 1.   
The Child Development Services System, state intermediate educational unit will no 
longer be responsible for the provision of early childhood special education services to 
children with disabilities within the early adopter school administrative units.
3.  Funds.  The funds appropriated to the Child Development Services System, state 
intermediate educational unit for early adopters under Title 20-A, section 7211 must be 
transferred to the office of special services within the department as the school 
administrative units become early adopters.
4.  State intermediate educational unit.  The department shall ensure that any 
transition issues relating to the elimination of the Child Development Services System, 
state intermediate educational unit by July 1, 2020 are addressed.
5.  Budget.  The department shall develop a budget to include costs for state positions 
only for case coordinators for Part C of the federal Individuals with Disabilities 
Education Act, for school administrative units to serve children with disabilities at least 3 
years of age and under 6 years of age and for Part C early intervention funding and 
develop any additional statutory language necessary for the transition of the Part C 
program to the department.  All existing contracts and leases are void with the 
deappropriation of funds from the Child Development Services System, state 
intermediate educational unit.
6.  Certificates.  During the transition period of July 1, 2018 to July 1, 2020, the 
department shall consider certificates for birth to 5 years of age and 5 years of age to 20 
years of age special education to be birth to 20 years of age certificates.
7.  Infants and toddlers with disabilities.  On July 1, 2020, the responsibility for 
early intervention services for infants and toddlers with disabilities transfers to a subunit 
of the department's office of special services.
8.  Positions.  Child Development Services System positions must be eliminated on 
or before July 1, 2020 as school administrative units adopt responsibility for children with 
disabilities at least 3 years of age and under 6 years of age.
Sec. 29.  Effective date.  Those sections of this Act that amend, enact or repeal any 
provision in the Maine Revised Statutes, Title 5, Title 20-A or Title 22 take effect July 1, 
2020, except that that section of this Act that enacts Title 20-A, section 7211 takes effect 
days after the adjournment of the Second Regular Session of the 128th Legislature.
SUMMARY
Over a 2-year transition period, this bill moves responsibility for providing special 
education and related services for children who are at least 3 years of age and under 6 
years of age from the Child Development Services System, state intermediate educational 
unit to the school administrative units of residence of the children.  Under the bill, 
beginning July 1, 2018, a school administrative unit that is the unit of residence for a 
child with a disability who is at least 3 years of age and under 6 years of age may become 
responsible for providing special education and related services to that child through the 
implementation of an early adopter program.  The bill amends several sections of law by 
removing references to the Child Development Services System.
This bill eliminates the Child Development Services System and moves the entire 
responsibility for providing services to children from birth to under 3 years of age to the 
Department of Education's office of special services.  The funding plan continues the 
present arrangement of full responsibility for costs being shared by state funds, federal 
funds, the MaineCare program and private insurers.
The intent of the changes to the Child Development Services System statutes are 
based on the belief that children with disabilities are best served by their local 
communities; children do better when there are fewer transition points; there are 
efficiencies that can be achieved by eliminating duplicative state functions and by 
maximizing existing services and facilities at the local level; and the State should 
continue its current practice of funding all services for preschool children with disabilities 
that are not paid for with federal funds, through the MaineCare program or from private 
sources.