SP0713
LD 1870
Session - 128th Maine Legislature
C "A", Filing Number S-457, Sponsored by
LR 2729
Item 2
Bill Tracking, Additional Documents Chamber Status

Amend the bill by striking out the title and substituting the following:

‘Resolve, To Create the Task Force To Study and Plan for the Implementation of Maine's Early Childhood Special Education Services’

Amend the bill by striking out everything after the title and before the summary 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,  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; and be it further

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 is a Child Development Services System staff member who provides direct services, 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, 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; and be it further

Sec. 3. Chairs. Resolved: That the President of the Senate and the Speaker of the House shall each appoint one member of the task force to serve as cochair, except that, notwithstanding Joint Rule 353, the President of the Senate and the Speaker of the House may not appoint a Legislator to serve as a chair of the task force. Notwithstanding Joint Rule 353, the chairs may appoint, as nonvoting members of the task force, individuals with expertise in areas relevant to early childhood development services and systems; and be it further

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; and be it further

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 Second Regular Session of the 128th Legislature;

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; and be it further

Sec. 6. Development of recommendations; plan. Resolved: That the task force shall develop recommendations for an early childhood special education services program plan, 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; and be it further

Sec. 7. Authorized meetings. Resolved: That the task force may hold no more than 6 meetings; and be it further

Sec. 8. Staff assistance. Resolved: That, notwithstanding Joint Rule 353, the Legislative Council shall contract for a facilitator for the task force using a request for proposals process. The Office of Policy and Legal Analysis shall provide drafting assistance to the task force; and be it further

Sec. 9. 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. Other members of the task force may not receive compensation for their participation on the task force; and be it further

Sec. 10. Report. Resolved: That, no later than December 5, 2018, 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 of the Legislature having jurisdiction over education matters may submit a bill to the First Regular Session of the 129th Legislature; and be it further

Sec. 11. Appropriations and allocations. Resolved: That the following appropriations and allocations are made.

EDUCATION, DEPARTMENT OF

Child Development Services 0449

Initiative: Provides one-time funds to address the Child Development Services System budgetary shortfall.

GENERAL FUND 2017-18 2018-19
All Other
$0 $3,700,000
inline graphic sline.gif inline graphic sline.gif
GENERAL FUND TOTAL $0 $3,700,000

SUMMARY

This amendment, which is the majority report of the committee, strikes and replaces the bill with a resolve establishing 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. The amendment also adds an appropriations and allocations section to provide $3,700,000 in the 2nd year of the biennium to address the Child Development Services System budgetary shortfall.

FISCAL NOTE REQUIRED
(See attached)


Top of Page