An Act To Ensure Continued School-based Services for Children with Disabilities
Maine Legislature, Session 130, LD 0854
Committee: Health and Human Services
Sponsors: MEYER, BALDACCI, BRENNAN, CRAVEN, FECTEAU, MILLETT, STOVER, DAUGHTRY, JACKSON, STEWART
Amends: 34-B MRSA §1227

Legislative Document
No. 854
H.P. 622
House of Representatives, March 8, 2021
An Act To Ensure Continued School-based Services for Children 
with Disabilities
(EMERGENCY)
Reference to the Committee on Health and Human Services suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative MEYER of Eliot.
Cosponsored by Senator BALDACCI of Penobscot and
Representatives: BRENNAN of Portland, CRAVEN of Lewiston, Speaker FECTEAU of 
Biddeford, MILLETT of Cape Elizabeth, STOVER of Boothbay, Senators: DAUGHTRY of 
Cumberland, President JACKSON of Aroostook, STEWART of Aroostook.
Emergency preamble.  Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, school-based services provided to children are critical to child development 
and must be available to the maximum extent possible under federal law; and
Whereas, the Legislature has an important role in ensuring that rules adopted by the 
Department of Health and Human Services result in school-based services being provided 
to children by providing additional review, and the review must be in place as soon as 
possible; 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 enacted by the People of the State of Maine as follows:
Sec. 1.  34-B MRSA §1227 is enacted to read:
§1227.  School-based services in developmental preschools for children from birth to 
years of age
The department shall provide school-based services in developmental preschools to 
children from birth to 5 years of age, including rehabilitative and community support 
services for children with cognitive impairments and functional limitations and behavioral 
health services.  The department may adopt rules to implement this section.  Rules adopted 
pursuant to this section are major substantive rules pursuant to Title 5, chapter 375, 
subchapter 2-A.
As used in this section, "developmental preschool" means a program that has been 
approved by the Department of Education as either a special purpose private school or a 
regular education public school program or a program operated or funded by the Child 
Development Services System in Title 20-A, section 7209.
Sec. 2.  Stakeholder group; review of early childhood special education 
services.  The Department of Health and Human Services shall convene a stakeholder 
group to participate in any rulemaking pursuant to the Maine Revised Statutes, Title 34-B, 
section 1227, including the drafting of rules and any proposed changes to those rules after 
the public hearing process to the extent permitted by Title 5, chapter 375.  Stakeholders 
include representatives of providers, advocates, parents of children receiving services, the 
Child Development Services System, school administrative units and the Department of 
Education.  The Department of Health and Human Services also shall take into account the 
findings from the independent review of the State's early childhood special education 
services being carried out pursuant to Public Law 2019, chapter 343, Part VVVV.
Emergency clause.  In view of the emergency cited in the preamble, this legislation 
takes effect when approved.
SUMMARY
This bill directs the Department of Health and Human Services to provide school-based 
services in developmental preschools for children from birth to 5 years of age.  It designates 
any rules adopted as major substantive rules under the Maine Revised Statutes, Title 5, 
chapter 375, subchapter 2-A.  It requires the department to convene a stakeholder group 
when drafting those rules and take into account the findings from the independent review 
of the State's early childhood special education services being carried out pursuant to Public 
Law 2019, chapter 343, Part VVVV.