2.__Childfind.__"Childfind" means the identification, location and evaluation, at no cost to the family, of children, from birth to under 6 years of age, with disabilities.

3.__Council.__"Council" means the Interdepartmental Coordinating Council for Early Intervention created in section 8429.

4.__Disability.__"Disability" means:

A.__For children from birth to under 3 years of age, developmental delays as measured by appropriate diagnostic 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; or adaptive development, with the delay being such that the child needs early intervention services or a diagnosed physical or mental condition that has a high probability of resulting in developmental delay, with the condition being such that the child needs early intervention services; or

B.__For children 3 years of age to under 6 years of age, evaluated in accordance with 34 Code of Federal Regulations, 300.530-534, developmental delays, as measured by appropriate diagnostic instruments and procedures, or impairments in one or more of the following areas:__ cognitive development; physical development, including vision and hearing; communication development; social or emotional development; adaptive development; mental retardation; hearing impairments, including deafness; speech or language impairments; visual impairments, including blindness; serious emotional disturbance; orthopedic impairments; autism; traumatic brain injury; other health impairments; specific learning disabilities; deaf-blindness; or multiple disabilities, with the delay or impairment being such that the child needs special education and related services.

5.__Early intervention services.__"Early intervention services" means services that are designed to meet the developmental needs of each child, from birth to under 3 years of age, eligible under the federal Individuals with Disabilities Education Act, 20 United States Code, Chapter 33 and the needs of the family related to enhancing the child's development that are provided under public supervision by qualified providers and that are made available by use of 3rd-party resources or a system of payments by families, including a schedule of sliding fees.

6.__Free, appropriate public education services.__"Free, appropriate public education services" means those services that are designed to meet the developmental needs of eligible children, from 3 years of age to under 6 years of age, who have a disability.__These services include:

A.__Early identification, screening and assessment services;

B.__Medical services for diagnostic or evaluation purposes only;

C.__Occupational therapy;

D.__Parent counseling and training;

E.__Physical therapy;

F.__Psychological services;

G.__Special instruction;

H.__Speech pathology and audiology;

I.__Developmental therapy; and

J.__Transportation.

7.__Intermediate educational unit.__"Intermediate educational unit," as defined in the federal Individuals with Disabilities Education Act, 20 United States Code, Chapter 33, means any public authority, other than a local education agency, under the general supervision of a state education agency that is established for the purpose of providing free, appropriate public education on a regional basis and that provides special education and related services to children with a disability within the State.

8.__Regional site.__"Regional site" means locally governed regional intermediate educational units or private nonprofit corporations established to ensure provision of services to infants and children under this chapter.

§8423. Department of Human Services

1.__Responsibility.__The department is designated as the state agency responsible for carrying out the State's obligations under the federal Individuals with Disabilities Education Act, 20 United States Code, Chapter 33 for children from birth to under 6 years of age.

2.__Plan.__The department shall submit a proposal to the Department of Education, which shall submit the State's plan for meeting the requirements of the federal Individuals with Disabilities Education Act, 20 United States Code, Chapter 33 to the Federal Government.__The State's plan may not require services that exceed minimum federal requirements.

3.__Administration of federal funds.__The Department of Education is the entity responsible for assigning financial responsibility among appropriate agencies under 34 Code of Federal Regulations, Section 303.143, July 1993 and in accordance with 34 Code of Federal Regulations, Section 303.523, July 1993.__ The Department of Human Services shall administer the funds used for children from birth to under 6 years of age.

4.__Rule-making authority.__The commissioner may adopt rules necessary to implement this chapter in accordance with the Maine Administrative Procedure Act.__Except as otherwise provided, those rules are routine technical rules as defined in Title 5, chapter 375, subchapter II-A.

5.__Contracts.__The department may 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.

The department shall contract with the board of directors of a private nonprofit corporation for no fewer than 3 years and approve an annual entitlement plan with the board of directors of an intermediate educational unit for the purpose of__ensuring coordinated service delivery in each region of the State from birth to under 6 years of age.

Contracts with boards of directors of private nonprofit corporations and plans of intermediate educational units must ensure:

A.__That free screening, evaluation and referral services are accessible to all children, from birth to under 6 years of age;

B.__That children with disabilities, from 3 years of age to under 6 years of age, have free, appropriate public education services available to them; and

C.__That children, from birth to under 3 years of age, have early intervention services available to them through 3rd- party payment or through a system of payments by families, including a schedule of sliding fees.

6.__Implementation of early intervention and of free, appropriate public education services.__The department, through the Child Development Services System, shall ensure:

A.__That free screening, evaluation and referral services are accessible to all children, from birth to under 6 years of age;

B.__That preschool children with disabilities,__from 3 years of age to under 6 years of age, have free, appropriate public education services available to them;

C.__That rules are developed, adopted and implemented describing minimum standards for:

(1)__A least restrictive environment;

(2)__Nondiscrimination;

(3)__The rights of parents;

(4)__Free and appropriate public services;

(5)__Eligibility criteria;

(6)__The federal "childfind" program;

(7)__Program development, service descriptors and service delivery;

(8)__An early childhood team;

(9)__An individualized family service plan;

(10)__Statements of assurances;

(11)__Procedural safeguards and appeals processes;

(12)__Due process hearings;

(13)__Confidentiality of information;

(14)__Data collection, reporting and utilization;

(15)__Surrogate parents;

(16)__Standardized procedures and rates of payment for early intervention and free appropriate public education services; and

(17)__The frequency and intensity of developmental therapy and special instruction services;

D.__That children, from birth to under 3 years of age, have early intervention services available to them through 3rd- party payment or through a system of payments by families, including a schedule of sliding fees; and

E.__That the nonsupplanting requirement under the federal Individuals with Disabilities Education Act, 20 United States Code, Chapter 33 and its implementing regulations is addressed by the council for purposes of reporting under section 8432.

7.__Regional site compliance.__The department, in consultation with regional sites and the council, shall develop an action plan with time lines to achieve compliance for regional sites that are not in compliance with federal or state law.__The department may assume temporary responsibility for operations at a site that fails to meet compliance requirements.

§8424.__State intermediate educational unit; establishment;

powers; duties and obligations

The commissioner shall establish and supervise a state intermediate educational unit to perform the following duties:

1.__Federal obligations.__For children from birth to under 6 years of age to develop and adopt statewide policies and rules for carrying out the provisions of this chapter to meet federal obligations under the federal Individuals with Disabilities Education Act, 20 United States Code, Chapter 33, Subchapter II and Subchapter VIII.__These obligations for children from birth to under 6 years of age must include but are not limited to:

i.A.__Personnel standards;

ii.B.__A comprehensive system of personnel development;

C. Program monitoring;

iii.D.__Data collection and storage, consistent with department policies;

E. Interagency agreements at the state level;

iv.F.__Public awareness;

v.G.__Payment for early intervention and free, appropriate public education services; and

vi.H. Standards for frequency and intensity of developmental therapy and special instruction services;

2. Program and policy compliance. To provide training and technical assistance in the policies and procedures necessary to meet all federal and state guidelines required by this chapter;

3.__Fiscal compliance.__To ensure regional site fiscal compliance by reviewing or performing regular audits of site records;

4.__Free, appropriate public education training.__To provide training and certification to regional site employees and others in commitment of funds used to provide free, appropriate public education;

5.__Employees.__Employ professional and other staff necessary to carry out the state-level functions required by this chapter;

6.__Suits.__Sue and be sued in its own name;

7.__Acquire supplies.__Acquire supplies, materials and incidental services through cash purchases, sole-source purchase orders and bids or contracts as necessary or convenient to fulfill the purposes of this chapter;

8.__Acquire property.__Acquire by purchase, gift, lease or rent any property, lands, buildings, structures, facilities or equipment necessary to fulfill the purposes of this chapter;

9.__Other duties.__Perform other duties assigned by the Legislature, delegate duties and authority, but not responsibility, as necessary for the efficient operation of this chapter and do any other acts or things necessary or convenient to carry out the powers expressly granted or reasonably implied in this chapter; and

10.__Dissemination of information.__Apply the federal Family Educational Rights and Privacy Act of 1974, Public Law 93-380, as amended by Public Law 93-568, and the federal Individuals with Disabilities Education Act, 20 United States Code, Chapter 33 to the dissemination of information about children, from birth to under 6 years of age, who are served by the Child Development Services System.

All state intermediate educational unit employees are employees for purposes of the Maine Tort Claims Act.

§8425. Regional site governance

Boards of directors of the regional sites established to ensure childfind activities for children from birth to under 6 years of age, to coordinate early intervention services for eligible children, from birth to under 6 years of age and to coordinate free, appropriate public education services for eligible children from 3 years of age to under 6 years of age shall organize, at the discretion of each board, as a private nonprofit corporation or an intermediate educational unit.__ Regional site boards of directors may take formal action, in accordance with their regional bylaws, to dissolve or to consolidate with another regional site board that has agreed to the consolidation.__The process of dissolution and any decisions to consolidate are subject to the approval of the department.

§8426.__Regional site board of directors

Each board of directors of a regional intermediate educational unit or a private nonprofit corporation is responsible for governance of its activities, including the management and oversight of its general operations as established in section 8425.__Membership must include representatives of the regional offices of the department and the Department of Mental Health, Mental Retardation and Substance Abuse Services, representatives of participating school administrative units, parents of infants and children with disabilities and other community members as determined appropriate.__Terms of membership and methods of appointment or election must be determined by board bylaws, subject to approval of the department.

§8427. Regional site; administration

A regional site board of directors shall:

1.__Fiscal services; billing.__Provide fiscal management of money allocated to it, in compliance with state and federal laws and subject to proof by an annual audit.__Fiscal services may be secured as a contracted or in-kind service.__Bill public and private programs and 3rd-party payors for services provided to eligible children and families;

2.__Employees.__Employ qualified professional and other staff at the local site.__The board of directors has the authority to hire, fire and supervise the staff of the regional site and to develop and adopt personnel policies for its employees.__ Professional therapists may be employed as site staff when the board and the state intermediate educational unit find that:

A.__Site staff therapists are needed to perform evaluations of children to ensure appropriate service plans;

B.__Therapists serving children on a contractual basis are unable to provide required services within the time lines mandated by the federal Individuals with Disabilities Education Act, 20 United States Code, Chapter 33; or

C.__Site staff therapists are able to provide services comparable to those provided by contract therapists at an identifiable savings, including all costs associated with delivery of services to the Child Development Services System, as determined by the commissioner;

3.__Collective bargaining.__Bargain collectively if employees choose to be represented by a collective bargaining agent.__The board of directors of a local intermediate education unit is a public employer within the meaning of Title 26, section 962, subsection 7.__Employees of a regional site board of directors are public employees within the meaning of Title 26, section 962, subsection 6;

4.__Fringe benefits.__Determine which fringe benefits may be offered to employees, dependent on cost, ease of administration and competitiveness in recruiting and retaining qualified personnel;

5.__Retirement plan.__Select an employee retirement plan option that meets all applicable federal and state requirements;

6.__Contracts.__Subject to the approval of the department, 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.__A regional site board of directors shall consider collaboration with school administrative units that are operating or that wish to develop, pursuant to Title 20-A, section 4253, early childhood programs in the regional board's area in order to:

A.__Maximize the benefit of state interdepartmental agreements and efforts;

B.__Maximize the effective use of qualified personnel, facilities and other resources;

C.__Ensure consistent quality of early childhood programming; and

D.__Facilitate the transition process, for children and families, from the Child Development Services System to the public school system;

7.__Suits.__Sue and be sued in its own name;

8.__Acquire supplies.__Acquire supplies, materials and incidental services, through cash purchases, sole-source purchase orders, bids or contracts, as necessary or convenient to fulfill the purposes of this chapter;

9.__Acquire property.__Acquire by purchase, gift, lease or rent any property, lands, buildings, structures, facilities or equipment necessary to fulfill the purposes of this chapter;

10.__Other duties.__Fulfill other duties as necessary for the efficient operation of this chapter and do any other acts or things necessary or convenient to carry out the powers expressly granted or reasonably implied in this chapter; and

11.__Dissemination of information.__Apply the federal Family Educational Rights and Privacy Act of 1974, 20 United States Code, Section 12329 and the federal Individuals with Disabilities Education Act, 20 United States Code, Chapter 33 to the dissemination of information about infants and children, from birth to under 6 years of age, with disabilities who are served through the regional site.

All regional site employees and board members of a regional intermediate educational unit are employees for purposes of the Maine Tort Claims Act.

§8428.__Regional site; duties and obligations

The board of directors of a private nonprofit corporation or an intermediate educational unit shall:

1.__Childfind.__Ensure provision of childfind activities as required by the federal Individuals with Disabilities Education Act, 20 United States Code, Chapter 33;

2.__Childcount.__Ensure provision of childcount activities as required by the federal Individuals with Disabilities Education Act, 20 United States Code, Chapter 33;

3.__Part H.__Ensure appropriate data collection, training, staff development and direct service provision to eligible children, from birth to under 3 years of age, in accordance with Part H of the federal Individuals with Disabilities Education Act, 20 United States Code, Chapter 33;

4.__Early intervention services.__Ensure that eligible children, from birth to under 3 years of age, receive early intervention services, in accordance with the payment provisions established by the State;

5.__Free, appropriate public education.__Ensure that eligible children, from 3 years of age to under 6 years of age, receive free, appropriate public education services in collaboration with school administrative units, when possible;

6.__Individual family service plan.__Coordinate development of individual family service plans with eligible families;

7.__Service providers.__Contract, whenever possible, with providers of early intervention services approved by the Bureau of Medical Services within the department;

8.__Designate personnel for training.__Designate local personnel for training to commit funds for free, appropriate public education.__Personnel who commit funds for free, appropriate public education must be trained and certified by the state intermediate educational unit.__The board of directors shall determine which trained and certified personnel may commit funds;

9. Targeted case management.__Following certification by the Bureau of Medical Services within the department, seek reimbursement, whenever feasible, for targeted case management; and

10.__Provider advisory board.__Establish an advisory board consisting of representatives of area service providers to advise the regional board of directors on matters related to the provision of services to children and families within the__ region.__Provider advisory boards must be established subject to rules established by the commissioner.__Rules adopted pursuant to this subsection are major substantive rules as defined in Title 5, chapter 375, subchapter II-A.

§8429.__Interdepartmental coordination

The council, as established in Title 5, section 12004-G, subsection 15-B, is created as an advisory body to the commissioner regarding the coordination of policies and programs aimed at implementing the federal Individuals with Disabilities Education Act, 20 United States Code, Chapter 33 and 34 Code of Federal Regulations, 303.650 to 303.654, July 1993 for children from birth to under 6 years of age.

The obligations of the council, as set forth in this section, may be met at the commissioner's discretion by any other advisory body to the commissioner required under the federal Individuals with Disabilities Education Act, 20 United States Code, Chapter 33 for preschool-aged children with disabilities, provided that the federal membership requirements of the council are met.

Membership of the council must be in keeping with the federal Individuals with Disabilities Education Act, 20 United States Code, Chapter 33, contingent upon state participation in the federal Individuals with Disabilities Education Act, Parts B and H.__Appointments to the council must be made by the Governor for terms defined in rules adopted by the commissioner.__The council shall meet at least quarterly.

The commissioner shall adopt rules describing the composition of the council, selection process and duties of the members consistent with the purposes of this chapter.

The council shall designate from among its members a steering committee responsible to the council for carrying out the duties described in this section.__The commissioner shall adopt rules describing the composition, selection process and responsibilities of the steering committee.

1.__Recommendations.__The council shall recommend to the department, with the advice of the regional site boards of directors, legislation that is needed to maintain or further develop the statewide system of early intervention services.

2.__Consider issues.__The council shall consider, with the advice of the regional site boards of directors and the state intermediate educational unit, issues affecting early intervention services in the State, including, but not limited to:

A.__Successful early intervention strategies;

B.__Personnel preparation and continuing education;

C.__Childfind activities and methods as required by the federal Individuals with Disabilities Education Act, 20 United States Code, Chapter 33;

D.__Public awareness as required by the federal Individuals with Disabilities Education Act, 20 United States Code, Chapter 33; and

E.__Contemporary research.

3.__Bylaws.__The council shall develop and adopt bylaws for its conduct.

4.__Advise.__The council shall advise the department in the development and implementation of rules, to be carried out by the department, as necessary to carry out the duties and purposes of this chapter.

5.__Chair.__The council shall annually elect one member to serve as chair.

6.__Compensation.__The members of the council are entitled to compensation in accordance with Title 5, section 12004-G, subsection 15-B.__Agency representatives on the council are entitled to reimbursement for expenses incurred in the performance of their council duties by the represented agencies in accordance with the provisions for state employees.__Consumer members are entitled to reimbursement for actual and necessary expenses incurred in the performance of their duties.

7.__Staffing.__The department__and the state intermediate educational unit shall provide to the council the equivalent of one full-time professional staff person.

8.__Committee and advisory activities.__The council may establish committees composed of parents, professionals, advocacy group representatives, members of the board of directors and employees in keeping with the bylaws adopted by the council.

9.__Voting.__The council shall adopt bylaws that define a quorum for the purpose of conducting business of the council.

10.__Dispute resolution.__The council shall assist the lead agency in dispute resolution in a manner consistent with 34 Code of Federal Regulations, Section 303.524, July 1993.

§8430.__Distribution of funds to school administrative units

In addition to the programs authorized in this chapter, the commissioner may authorize expenditures to school administrative units for services for children, from birth to under 6 years of age, who are disabled, in a manner consistent with Title 20-A, sections 4251 to 4254 and section 15603, subsection 22, paragraph D.

1.__Governance and financial responsibility.__The school board responsible for operating the preschool service shall assume the financial responsibility for the program.__The school board is entitled to receive the state subsidy for the program and may charge tuition for costs that exceed expenditures made for those programs in the base year.

2.__Dedication of funds.__Funds generated under the school subsidy formula of the Department of Education through expenditures for programs for children, from birth to under 6 years of age, who are disabled, must be committed to continue to fund programs and services for the target population at the local level.

3.__Coordination of services and resource development activities.__School administrative units shall coordinate their program and service activities for children, from birth to under 6 years of age, who are disabled, with the regional sites to avoid duplication and maximize the use of resources in accordance with the rules adopted by the department.

§8431.__Annual report

The council shall provide to the joint standing committee of the Legislature having jurisdiction over human services matters and to the commissioner an annual report on the early intervention services in the State.__This report must include a demonstration that:__the funds provided under the federal Individuals with Disabilities Education Act, 20 United States Code, Chapter 33, Subchapter II and Subchapter VIII were used to supplement and increase, and not to supplant, the level of other federal, state and local funds that are available for children with disabilities; and the federal funds generated under the federal Individuals with Disabilities Education Act, 20 United States Code, Chapter 33, Subchapter II and Subchapter VIII were not used to satisfy a financial commitment for services that would have been paid for by a health agency or another agency pursuant to policy or practice but for the fact that these services are now listed on the individualized family service plans of children with disabilities.

Sec. 4. 22 MRSA §8823, sub-§2, ¶C, as enacted by PL 1999, c. 647, §2, is amended to read:

C. A representative of hospitals, a representative of health carriers, a representative of the Child Development Services System established in Title 20-A, section 7724 pursuant to section 8421 and a representative of the department.

Sec. 5. 26 MRSA §962, sub-§7, ¶A, as amended by PL 1999, c. 775, §13, is further amended to read:

A. Any officer, board, commission, council, committee or other persons or body acting on behalf of:

(1) Any municipality or any subdivision of a municipality;

(2) Any school, water, sewer, fire or other district;

(3) The Maine Turnpike Authority;

(4) Any board of directors functioning as a regional intermediate education unit pursuant to Title 20-A 22, section 7730 8425;

(5) Any county or subdivision of a county;

(6) The Maine State Retirement System; or

(7) The Governor Baxter School for the Deaf; or

Sec. 6. Transition provisions.

1. Funds transferred. Notwithstanding the Maine Revised Statutes, Title 5, sections 1585 and 1586, all accrued expenditures, assets, liabilities, balances, appropriations or allocations, transfers, revenues and other available funds in any account or subdivision of any account of the Child Development Services System under the Department of Education are transferred to the Department of Human Services as required by the assignment of responsibilities of this Act.

2. Personnel and employment benefits transferred. All employees of the Child Development Services System under the Department of Education are transferred to the Department of Human Services as required by the assignment of responsibilities of this Act.

3. Equipment and property transferred. All equipment, records and property of the State used by employees and officials of the Child Development Services System under the Department of Education are transferred to the Department of Human Services as required by the assignment of responsibilities of this Act.

4. Financial order required. The Commissioner of Human Services and the Commissioner of Education shall jointly request, by financial order through the State Budget Office, the Governor's approval of the funds, positions, equipment and property to be transferred.

5. Rules and procedures. All rules and procedures currently in effect and in operation pertaining to the Child Development Services System under the Department of Education remain in effect until rescinded or amended as provided by state law.

6. Contracts and agreements. All contracts and agreements currently in effect with respect to the Child Development Services System under the Department of Education remain in effect until rescinded, terminated or modified as provided by state law.

7. Organization and operation. Planning or preparatory work necessary to implement this Act may occur prior to the effective date of this Act but is not binding until the effective date of this Act.

Sec. 7. Implementation. The transfer of responsibility for administration of the Child Development Services System from the Department of Education to the Department of Human Services takes effect July 1, 2002. Following the effective date of this Act, the Commissioner of Human Services shall review this Act and institute a study of the transfer. The study must identify any necessary amendments to this Act and other issues necessitating legislative action to accomplish the purposes of the Act. The commissioner shall report the results of the study to 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 education and cultural affairs matters by December 1, 2001. Following receipt of the commissioner's report, either legislative committee may introduce legislation to the Second Regular Session of the 120th Legislature to amend or clarify this Act.

Sec. 8. Collaborative work. The Department of Human Services shall require collaboration in the administration of the following programs: Head Start; Medicaid; early and periodic screening, diagnosis and treatment; and the Child Development Services System. The Commissioner of Human Services shall report to the Legislature by March 1st of each year on the collaborative work being done within the department.

Sec. 9. Effective date. Sections 1 to 5 of this Act take effect July 1, 2002.

SUMMARY

This bill transfers responsibility for administering the Child Development Services System from the Department of Education to the Department of Human Services, effective July 1, 2002. The Child Development Services System is responsible for identifying eligible children and ensuring and coordinating the provision of appropriate developmental services for children from birth to 6 years of age with disabilities.