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

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.

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:

4. The Commissioner of Education or the commissioner's designee; and

5. The Commissioner of Health and Human Services or the commissioner's designee.

Sec. 3. Chairs. Resolved: That the first-named Senate member is the Senate chair and the first-named House of Representatives member is the House chair of the task force.

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.

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.

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

Sec. 7. Staff assistance. Resolved: That, notwithstanding Joint Rule 353, the Legislative Council shall provide staffing assistance to the task force, except that Legislative Council staff support is not authorized when the Legislature is in regular or special session.

Sec. 8. 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. Notwithstanding Joint Rule 353, other members of the task force may not receive compensation for their participation on the task force.

Sec. 9. Report. Resolved: That, no later than December 4, 2019, 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 on Education and Cultural Affairs may submit a bill to the Second Regular Session of the 129th Legislature.

Emergency clause. In view of the emergency cited in the preamble, this legislation takes effect when approved.

SUMMARY

This resolve establishes 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.