Resolve, To Create the Task Force To Study and Plan for the Implementation of Maine's Early Childhood Special Education Services
Maine Legislature, Session 129, LD 0512
Committee: Education and Cultural Affairs
Sponsors: FARNSWORTH, MOORE, BRENNAN, EVANGELOS, HANDY, RECKITT, SAMPSON, TALBOT ROSS, SANBORN

Legislative Document
No. 512
H.P. 369
House of Representatives, January 31, 2019
Resolve, To Create the Task Force To Study and Plan for the 
Implementation of Maine's Early Childhood Special Education 
Services
(EMERGENCY)
Reference to the Committee on Education and Cultural Affairs suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative FARNSWORTH of Portland.
Cosponsored by Senator MOORE of Washington and
Representatives: BRENNAN of Portland, EVANGELOS of Friendship, HANDY of Lewiston, 
McCREA of Fort Fairfield, RECKITT of South Portland, SAMPSON of Alfred, TALBOT 
ROSS of Portland, Senator: SANBORN, L. of Cumberland.
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, the Task Force To Study and Plan for the Implementation of Maine's 
Early Childhood Special Education Services, established by this resolve, is convened to 
address the effectiveness, efficiency, accountability and costs of early childhood special 
education systems in this State; and
Whereas, the study must be initiated before the 90-day period expires in order that 
the study may be completed and a report submitted in time for submission to the next 
legislative session; and
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore, be it
Sec. 1.  Task force established.  Resolved:  That the Task Force To Study and 
Plan for the Implementation of Maine's Early Childhood Special Education Services, 
referred to in this resolve as "the task force," is established to study and plan for the 
implementation of Maine's early childhood special education programs and services 
provided for young children from 3 years of age to 5 years of age.
Sec. 2.  Task force membership. Resolved: That, notwithstanding Joint Rule 
353, the task force consists of 23 members appointed as follows:
1.  Two members of the Senate, one from each of the 2 parties holding the largest 
number of seats in the Senate, appointed by the President of the Senate;
2.  Two members of the House of Representatives, one from each of the 2 parties 
holding the largest number of seats in the House of Representatives, appointed by the 
Speaker of the House;
3.  Seventeen members appointed as follows:
A.  Two members who are parents of children with a disability between 3 years of 
age and 5 years of age, one from an urban community and one from a rural 
community, appointed by the President of the Senate.  The 2 members must have 
knowledge of or experience with programs for children with disabilities;
B.  One member who is a contracted service provider of early intervention and free, 
appropriate public education services, representing the Maine Association for 
Community Service Providers, appointed by the Speaker of the House;
C.  One member who provides direct services as a staff member of the Child 
Development Services System under the Maine Revised Statutes, Title 20-A, section 
7209, appointed by the Speaker of the House;
D.  One member who is a representative of a Head Start agency or program in the 
State, representing Head Start programs in Maine, appointed by the President of the 
Senate;
E.  One member who is a representative of a child care program, appointed by the 
Speaker of the House;
F.  Two members who are teachers in early childhood education programs for 
children 4 years of age that include coordination of programs and services for eligible 
children within a public elementary school, one from a large school administrative 
unit and one from a small school administrative unit, representing the Maine 
Education Association, appointed by the President of the Senate;
G.  Two members who are special education directors, one from a large school 
administrative unit and one from a small school administrative unit, representing the 
Maine Administrators of Services for Children with Disabilities, appointed by the 
President of the Senate;
H.  One member who is a principal of a public elementary school of a small school 
administrative unit that has implemented an early childhood education program for 
children 4 years of age that includes coordination of programs and services for 
eligible children, representing the Maine Principals' Association, appointed by the 
Speaker of the House;
I.  One member who serves as a superintendent of a large school administrative unit 
that has implemented an early childhood education program for children 4 years of 
age that includes coordination of programs and services for eligible children, 
representing the Maine School Superintendents Association, appointed by the 
Speaker of the House;
J.  One member who serves as a school board member of a school administrative unit 
that has implemented an early childhood education program for children 4 years of 
age that includes coordination of programs and services for eligible children, 
appointed by the Speaker of the House;
K.  One member representing the Maine Developmental Disabilities Council, 
established in the Maine Revised Statutes, Title 5, section 12004-I, subsection 66, 
appointed by the Speaker of the House;
L.  One member representing pediatricians, appointed by the President of the Senate;
M.  One member representing a statewide association of occupational therapists, 
appointed by the President of the Senate; and
N.  One member representing a statewide association of speech, language and hearing 
therapists, appointed by the Speaker of the House;
4.  The Commissioner of Education or the commissioner's designee; and
5.  The Commissioner of Health and Human Services or the commissioner's designee.
Sec. 3.  Chairs.  Resolved:  That the first-named Senate member is the Senate 
chair and the first-named House of Representatives member is the House chair of the task 
force.
Sec. 4.  Appointments; convening of task force.  Resolved:  That all the 
appointments must be made no later than 30 days following the effective date of this 
resolve.  The appointing authorities shall notify the Executive Director of the Legislative 
Council once all appointments have been completed.  Within 15 days after appointment 
of all members, the chairs shall call and convene the first meeting of the task force.  If 30 
days or more after enactment of this legislation a majority of but not all of the 
appointments have been made, the chairs may request authority and the Legislative 
Council may grant authority for the task force to meet and conduct its business.
Sec. 5.  Duties.  Resolved:  That the task force shall examine:
1.  National trends and relevant models of governing and delivering early childhood 
special education systems in other states and jurisdictions that hold the potential for 
enhancing the effectiveness, efficiency or accountability of the early childhood special 
education system in the State;
2.  The short-term and long-term costs and benefits of the Department of Education's 
proposed plan to restructure the Child Development Services System as presented by the 
Commissioner of Education to the Legislature in Legislative Document 1870 in the 
3.  The findings and recommendations of the Subcommittee To Study Early 
Childhood Special Education in its January 2007 report;
4.  The findings and recommendations of the Office of Program Evaluation and 
Government Accountability in its July 2012 report on child development services; and
5.  Any other issues the task force determines to be useful or necessary concerning 
early childhood special education systems matters.
Sec. 6.  Development of recommendations; plan.  Resolved:  That the task 
force shall develop recommendations for an early childhood special education services 
program plan for the State, which must include, but is not limited to:
1.  Models of best practices;
2.  Fiscally sound budget forecasting, including all possible revenue streams and 
updated costs;
3.  Transportation services;
4.  Data systems, including a billing system, a system that allows coordination with 
the MaineCare program and a case management documentation system;
5.  A timeline for the implementation of the plan under this section;
6.  A procedure for data collection and analysis conducted by the Maine Education 
Policy Research Institute;
7.  A method for assessing a school administrative unit's capacity for implementing 
early childhood special education programs;
8.  Training requirements for service providers and leaders;
9.  Public information communication strategy for implementation of the plan; and
10.  Identification of potential revisions to the Department of Health and Human 
Services rule Chapter 101: MaineCare Benefits Manual.
Sec. 7.  Staff assistance.  Resolved:  That, notwithstanding Joint Rule 353, the 
Legislative Council shall provide staffing assistance to the task force, except that 
Legislative Council staff support is not authorized when the Legislature is in regular or 
special session.
Sec. 8.  Compensation.  Resolved:  That legislative members of the task force are 
entitled to receive the legislative per diem and reimbursement for travel and other 
necessary expenses related to their attendance at authorized meetings of the task force.  
Notwithstanding Joint Rule 353, other members of the task force may not receive 
compensation for their participation on the task force.
Sec. 9.  Report.  Resolved: That, no later than December 4, 2019, the task force 
shall submit a report containing its findings, recommendations and plan, including 
suggested legislation, for presentation to the Joint Standing Committee on Education and 
Cultural Affairs.  The Joint Standing Committee on Education and Cultural Affairs may 
submit a bill to the Second Regular Session of the 129th Legislature.
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved.
SUMMARY
This resolve establishes the Task Force To Study and Plan for the Implementation of 
Maine's Early Childhood Special Education Services to examine the national trends and 
relevant models of governing and delivering early childhood special education systems 
and the short-term and long-term costs and benefits to the Department of Education's 
proposed plan to restructure the Child Development Services System and to make 
recommendations for an early childhood special education services program plan.