SP0713, LD 1870, item 1, An Act To Reorganize the Provision of Services for Children with Disabilities from Birth to 5 Years of Age

An Act To Reorganize the Provision of Services for Children with Disabilities from Birth to 5 Years of Age

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Sec. 1. 5 MRSA §285, sub-§1, ¶F-7, as corrected by RR 2009, c. 1, §5, is repealed.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 A, §1, is repealed.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;

(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 3 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;

(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 215 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 90 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.

SP0713 LD 1870	Session - 128th Maine Legislature		LR 2729 Item 1
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