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 Amendment CA_A_H561 (House)
Committee: Education and Cultural Affairs,

COMMITTEE AMENDMENT" A,, to H.P. 369, L.D. 512, "Resolve, To Create the 
Task Force To Study and Plan for the Implementation of Maine's Early Childhood 
Special Education Services" 
Amend the resolve by striking out the title and substituting the following: 
'Resolve, To Authorize the Legislature To Contract for an Independent Review To 
Evaluate and Plan for the Implementation of Maine's Early Childhood Special 
Education Services' 
Amend the resolve by striking out everything after the title and inserting the 
following: 
'Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, in order to obtain information to address the effectiveness, efficiency, 
accountability and costs of early childhood special education systems in this State in a 
timely manner and to make informed policy decisions, the Legislature should provide for 
an independent review of early childhood special education services; and 
Whereas, the Legislature should promptly contract with a qualified research and 
technical assistance entity to conduct an independent review of Maine's early childhood 
special education services; and 
Whereas, the process to begin contracting with a qualified research and technical 
assistance entity must be initiated before the 90-day period expires; 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. Legislature to contract for independent review of the State's early 
childhood special education services. Resolved: That the Legislature, through the 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A" to H.P. 369, L.D. 512 
Joint Standing Committee on Education and Cultural Affairs, referred to in this resolve as 
"the joint standing committee," may contract with a qualified research and technical 
assistance entity to conduct pursuant to sections 5 and 6 an independent review of the 
State's early childhood special education services and develop recommendations and an 
implementation plan. 
Sec. 2. Assistance; request for proposals process. Resolved: That, at the 
direction of the joint standing committee, the Office of the Executive Director of the 
Legislative Council, referred to in this resolve as "the office," shall develop and 
administer a request for proposals process to permit the Legislature, through the joint 
standing committee, to award a contract pursuant to section 1. The office, with the advice 
and assistance of the Independent Review Advisory Committee, established under section 
and referred to in this resolve as "the advisory committee," and in consultation with and 
with the approval of the joint standing committee, shall: 
1. Develop and administer a request for proposals process in accordance with section 
3; 
2. Administer the contract entered into pursuant to section 1, including monitoring 
the research and technical assistance entity's performance in meeting deadlines, providing 
deliverables pursuant to sections 5 and 6 and complying with other terms of the contract; 
and 
3. Within available resources, provide other assistance to the joint standing 
committee relating to the contract and the purposes of this resolve. 
Sec. 3. Request for proposals; standards and selection process. Resolved: 
That the office, with the advice and assistance of the advisory committee, and in 
consultation with and with the approval of the joint standing committee, shall administer 
a request for proposals process in accordance with this section. 
1. 
The qualifications of a research and technical assistance entity submitting a 
proposal must include, but are not limited to, the financial, technical and operational 
capacity of the entity to conduct state-level education policy research and fiscal analysis, 
as demonstrated by the entity's professional experience and expertise. 
2. With the approval of the joint standing committee, the office shall issue a request 
for proposals and publish notice of the request on the Legislature's publicly accessible 
website and through advertisements in 2 or more public newspapers circulated wholly or 
in part in the State and may provide any further notice of the request to any other media 
or entities, as approved by the joint standing committee. The notice must provide that the 
office will accept, for 30 days after the first date of publication, proposals from qualified 
research and technical assistance entities that meet the standards approved by the joint 
standing committee. 
3. After proposals have been received and the period for accepting proposals has 
expired, the office, with the advice and counsel of the advisory committee, shall evaluate 
the proposals and present a ranking of or recommendations regarding the proposals to the 
joint standing 
committee. 
The 
joint standing 
committee 
shall 
review 
the 
recommendations and choose the proposal it wishes to accept. The joint standing 
committee shall notify the Executive Director of the Legislative Council of its selection 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A" to H.P. 369, L.D. 512 
of a proposal. The executive director shall execute a contract with the selected research 
and technical assistance entity on behalf of the Legislature. 
4. Notwithstanding the Maine Revised Statutes, Title 1, section 402, except for the 
name and mailing address of a research and technical assistance entity that submits a 
proposal, the proposal and all other materials prepared, used or submitted in connection 
with the proposal are confidential and are not subject to public review until the period for 
accepting proposals has expired. 
Sec. 4. Independent Review Advisory Committee. Resolved: That the 
Independent Review Advisory Committee is established to advise the office and joint 
standing committee on matters related to developing a request for proposals and 
administering the contract entered into pursuant to this resolve. The advisory committee 
consists of the following members: 
1. The Commissioner of Education or the commissioner's designee; 
2. The Commissioner of Health and Human Services or the commissioner's designee; 
3. One member who is a contracted service provider of early intervention and free, 
appropriate public education services appointed by the President of the Senate from a list 
provided by the Maine Association for Community Service Providers; 
4. One member who is a representative of a Head Start agency or program, 
representing Head Start programs in the State appointed by the President of the Senate 
from a list provided by the Maine Head Start Directors Association; 
5. One member who is a teacher in an early childhood education program for children 
years of age that includes coordination of programs and services for eligible children 
within a public elementary school from a large school administrative unit appointed by 
the President of the Senate from a list provided by the Maine Education Association; 
6. One member who is a principal of a public elementary school of an urban 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 President of the Senate from a list provided Qy the Maine 
Principals' Association; 
7. One member appointed by the President of the Senate from a list pr9vided by the 
Maine Developmental Disabilities Council, established in the Maine Revised Statutes, 
Title 5, section 12004-I, subsection 66; 
8. One member representing a statewide association of speech, language and hearing 
therapists appointed by the President of the Senate from a list provided by the Maine 
Speech Language Hearing Association; 
9. One member who is a parent of a child with a disability between 3 years of age and 
years of age appointed by the Speaker of the House from a list provided by the Maine 
Parent Federation; 
10. One member who is a representative of a child care program appointed by the 
Speaker of the House from a list provided by the Maine Association for the Education of 
Young Children; 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT .. ;1,, to H.P. 369, L.D. 512 
11. 
One member who is a special education director from a small school 
administrative unit appointed the Speaker of the House from a list provided by the Maine 
Administrators of Services for Children with Disabilities; 
12. One member who is a superintendent of a rural 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 from a list provided by the Maine School Superintendents 
Association; and 
13. 
One member representing a statewide association of occupational therapists 
appointed by the Speaker of the House from a list provided by the Maine Occupational 
Therapy Association. 
The adviso1y committee shall elect a chair from among its members. The office shall 
provide to the members of the joint standing committee notice of the meetings of the 
office with the advisory committee so that members of the joint standing committee may 
attend. 
Sec. 5. Scope of the review. Resolved: That the contract entered into pursuant 
to section 1 must require an objective evaluation of the State's early childhood special 
education services from birth to 5 years of age. The evaluation must include, but is not 
limited to, comparisons between this State and other comparable states and an 
implementation plan for the transition of services from the Child Development Services 
System under the Maine Revised Statutes, Title 20-A, section 7209 to local school 
administrative units and must address the following: 
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 proposed plan to restructure 
the Child Development Services System as presented to the Legislature in An Act To 
Reorganize the Provision of Services for Children with Disabilities from Birth to 5 Years 
of Age, L.D. 1715 from the First Regular Session of the 129th Legislature; 
3. The impact that the proposed plan will have on the following: 
A. Current Child Development Services System staff, including but not limited to the 
potential impact on staff retirement and how any negative impact on staff retirement 
can be reduced or eliminated and whether Child Development Services System 
employees would become employees of the local school administrative unit or the 
State; 
B. Current school administrative unit staff; 
C. The provision of services for children birth to 3 years of age; and 
D. Due process complaints; 
4. The development of recommendations for an early childhood special education 
services program plan for the State, which must include, but is not limited to: 
A. Models of best practices; 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to H.P. 369, L.D. 512 
B. Fiscally sound budget forecasting, including all possible revenue streams and 
updated costs; 
C. Transportation services; 
D. Data systems, including a billing system, a system that allows coordination with 
the MaineCare program and a case management documentation system; 
E. A timeline for the implementation of the plan under this section; 
F. A procedure for data collection and analysis conducted by the Maine Education 
Policy Research Institute; 
G. A method for assessing a school administrative unit's capacity for implementing 
early childhood special education programs; 
H. Training requirements for service providers and leaders; 
I. A public information communication strategy for implementation of the plan; 
J. Identification of potential revisions to the Department of Health and Human 
Services rule Chapter 101: MaineCare Benefits Manual; and 
K. Workforce capacity, including but not limited to the availability of certified 
teachers; and 
5. A step-by-step implementation plan for the transition of special education services 
for children from birth to 3 years of age to the Department of Education and a step-by-
step implementation plan for the transition of special education services for children 3 
years of age to 5 years of age to local school administrative units, including but not 
limited to the resources required, both human and financial, and a detailed timeline. 
Sec. 6. General requirements of the review. Resolved: That the contract 
entered into pursuant to section 1 must require: 
1. A review of previous studies and available data related to early childhood special 
education, including but not limited to the findings and recommendations of the 
Subcommittee To Study Early Childhood Special Education in its Januaiy 2007 report 
and the findings and recommendations of the Office of Program Evaluation and 
Government Accountability in its July 2012 report on child development services; and 
2. The selected research and technical assistance entity to provide opportunities for 
input from education stakeholder groups in the State as part of its evaluation; 
The Depaitment of Education, the Department of Administrative and Financial 
Services, Bureau of Revenue Services and the Education Research Institute established in 
the Maine Revised Statutes, Title 20-A, section 10 shall provide the selected research and 
technical assistance entity with access to previous reports on school funding in the State 
and access to database information necessaiy to carry out the evaluation. 
Sec. 7. Preliminary and final reports. Resolved: That the research and 
technical assistance entity selected to conduct the independent review pursuant to this 
resolve shall present a preliminaiy report of the results of the review under sections 5 and 
to the joint standing committee no later than April 1, 2020. The selected research and 
technical assistance entity shall present a final report to the joint standing committee by 
December 1, 2020. The joint standing committee of the Legislature having jurisdiction 
COMMITTEE AMENDMENT 
COMMITTEEAMENDMENT'A "to H.P. 369,L.D. 512 
over education matters may submit a bill relating to the final report to the First Regular 
Session of the 130th Legislature. 
Sec. 8. Committee meetings authorized. Resolved: That the joint standing 
committee may meet up to 4 times to carry out its responsibilities under this resolve. 
Sec. 9. Transfer from Fund for the Efficient Delivery of Educational 
Services, 
Other 
Special 
Revenue 
Funds 
account; 
General 
Fund 
unappropriated surplus; fiscal year 2019-20. Resolved: That, notwithstanding 
any provision oflaw to the contrary, the State Controller shall transfer $200,000 from the 
Fund for the Efficient Delivery of Educational Services, Other Special Revenue Funds 
account within the Department of Education to the General Fund unappropriated surplus 
no later than July 31, 2019. 
Sec. 10. Transfer from Fund for the Efficient Delivery of Educational 
Services, 
Other 
Special 
Revenue 
Funds 
account; 
General 
Fund 
unappropriated surplus; fiscal year 2020-21. Resolved: That, notwithstanding 
any provision of law to the contrary, the State Controller shall transfer $300,000 from the 
Fund for the Efficient Delivery of Educational Services, Other Special Revenue Funds 
account within the Department of Education to the General Fund unappropriated surplus 
no later than July 31, 2020. 
Sec. 11. Appropriations and allocations. Resolved: 
That the following 
appropriations and allocations are made. 
LEGISLATURE 
Legislature 0081 
Initiative: Provides one-time funds for an independent review of Maine's early childhood 
special education services. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
2019-20 
$200,000 
$200,000 
2020-21 
$300,000 
$300,000 
Emergency clause. 
In view of the emergency cited in the preamble, this 
legislation takes effect when approved.' 
SUMMARY 
This amendment authorizes the Legislature, through the Joint Standing Committee on 
Education and Cultural Affairs, to contract with a qualified research and technical 
assistance entity to conduct_ an independent review of Maine's early childhood special 
education services. This amendment authorizes the Office of the Executive Director of 
the Legislative Council, at the direction of the Joint Standing Committee on Education 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT'~" to H.P. 369, L.D. 512 
and Cultural Affairs, to develop and administer a request for proposals process to award a 
contract for the independent review. The amendment also adds an appropriations and 
allocations section. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 06/07 /19 feac:.. 
LD512 
LR 991(02) 
Resolve, To Create the Task Force To Study and Plan for the Implementation of Maine's Early 
Childhood Special Education Services 
Fiscal Note for Bill as Amended by Committee Amendment ,ft( H-s"lj 
Committee: Education and Cultural Affairs 
Fiscal Note Required: Yes 
Fiscal Note 
FY 2019-20 
FY 2020-21 
Projections 
FY 2021-22 
Projections 
FY 2022-23 
Net Cost (Savings) 
General Fund 
Appropriations/ Allocations 
General Fund 
Transfers 
General Fund 
Other Special Revenue Funds 
Fiscal Detail and Notes 
$0 
$200,000 
$200,000 
($200,000) 
$0 
$300,000 
$300,000 
($300,000) 
$0 
$0 
$0 
$0 
$0 
$0 
$0 
$0 
The bill provides a one-time appropriation of funds to the Legislature of $200,000 in fiscal year 2019-20 and 
$300,000 in fiscal year 2020-21 for an independent review of Maine's early childhood special education services. The 
bill also requires the State Controller to transfer $200,000 in fiscal year 2019-20 and $300,000 in fiscal year 2020-21 
from the Fund for the Efficient Delive1y of Educational Services, Other Special Revenue Funds account within the 
Department of Education to the General Fund unappropriated surplus. 
Any additional costs to the Department of Education and the Department of Health and Human Services for the 
Commissioners or their designees to serve on the advis01y committee are expected to be minor and can be absorbed 
within existing budgeted resources. 
LR0991(02) - Fiscal Note - Page 1 of 1