130th MAINE LEGISLATURE
SECOND REGULAR SESSION-2022
Legislative Document No. 2039
H.P. 1531 House of Representatives, April 18, 2022
An Act To Reorganize the Provision of Services for Infants,
Toddlers and Children with Disabilities from Birth to 6 Years of
Age and Extend the Age of Eligibility under the Federal Individuals
with Disabilities Education Act to 22 Years of Age
Reported by Eight Members in Report A from the Joint Standing Committee on Education
and Cultural Affairs pursuant to Resolve 2021, chapter 106, section 3.
ROBERT B. HUNT
Clerk
Printed on recycled paper
 1 Be it enacted by the People of the State of Maine as follows:
2 Sec. 1. 5 MRSA §285, sub-§1, ¶F-7, as corrected by RR 2009, c. 1, §5, is amended
3 to read:
4 F-7. Any Before July 1, 2026, any employee of a regional site of the Child
5 Development Services System under Title 20‑A, section 7209, if the group health plan
6 is agreed to in collective bargaining and funds are available and, beginning July 1,
7 2026, any employee of the state intermediate educational unit under Title 20-A, section
8 7104, if the group health plan is agreed to in collective bargaining and funds are
9 available;
10 Sec. 2. 5 MRSA §12004-C, sub-§10 is enacted to read:
11 10.
12 Board of directors, state intermediate Expenses Only 20-A MRSA §7105
13 educational unit
14
12
15 Sec. 3. 5 MRSA §12021, sub-§6, ¶A, as enacted by PL 2011, c. 616, Pt. A, §1, is
16 amended to read:
17 A. The Before July 1, 2026, the Child Development Services System under Title 20‑A,
18 section 7209 and, beginning July 1, 2026, the state intermediate educational unit under
19 Title 20-A, section 7104;
20 Sec. 4. 5 MRSA §24051, sub-§3, ¶H, as enacted by PL 2019, c. 450, §11, is
21 amended to read:
22 H. Three persons representing statewide, membership or constituent organizations that
23 advance the well‑being of young children and their families, including early care and
24 education programs, child care centers, Head Start programs, resource development
25 centers, programs for school-age children, child development services the state
26 intermediate educational unit, physicians and child advocates, nominated by their
27 organizations and appointed by the cabinet;
28 Sec. 5. 5 MRSA §24052, sub-§1, ¶D, as enacted by PL 2019, c. 450, §11, is
29 amended by amending subparagraph (3) to read:
30 (3) Enhance and improve quality and outcomes of early childhood and education
31 programs and services, including child development services the state intermediate
32 educational unit, home visitation, child care, education services, supervision
33 services, health services and social services; and
34 Sec. 6. 20-A MRSA §1001, sub-§9-B, as amended by PL 2005, c. 662, Pt. A, §6,
35 is further amended to read:
36 9-B. Disciplinary sanctions for children with disabilities. They retain the authority
37 to sanction a child with a disability as defined in section 7001, subsection 1‑A for
38 misconduct that violates school rules. Notwithstanding the duties of school administrative
39 units as described in section 7202, the school board may authorize the superintendent,
40 principal or assistant principal to enforce this subsection by allowing the superintendent,
41 principal or assistant principal to suspend a child with a disability up to a maximum of 10
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42
1 days individually or cumulatively for infractions of school rules. When a child with a
43
2 disability is suspended for 10 days or less individually or cumulatively within a school year
44
3 for a violation of school rules, the school board is not required to provide a tutor,
45
4 transportation or any other aspect of the student's special education program. Discipline of
46
5 children with disabilities must be consistent with the requirements of the federal
47
6 Individuals with Disabilities Education Act, 20 United States Code, Section 1415(k).
48
7 Beginning July 1, 2026, this subsection applies to a child with a disability as defined in
49
8 section 7201-A, subsection 1.
9 Sec. 7. 20-A MRSA §5201, sub-§3, ¶E, as amended by PL 2005, c. 662, Pt. A,
10 §12, is further amended to read:
11 E. The Before July 1, 2026, the eligibility for a child with a disability is governed by
12 section 7001, subsection 1‑A. Beginning July 1, 2026, the eligibility for a child with a
13 disability is governed by section 7201-A, subsection 1.
14 Sec. 8. 20-A MRSA §6202, first ¶, as amended by PL 2021, c. 462, §1, is further
15 amended to read:
16 The commissioner shall establish a statewide assessment program to measure and
17 evaluate on a continuing basis the academic achievements of students in grades 3 to 12 on
18 the accountability standards set forth in section 6209 and in department rules implementing
19 that section and other curricular requirements. The commissioner may elect to provide for
20 the use of alternative measures of student achievement in grades 9 to 12. This assessment
21 applies to students in the public elementary and secondary schools, in public charter
22 schools, as that term is defined in section 2401, subsection 9, and in all private schools
23 approved for tuition whose school enrollments include at least 60% publicly funded
24 students, as determined by the previous school year's October and April average
25 enrollment. The Before July 1, 2026, the assessment program must be adapted to meet the
26 needs of children with disabilities as defined in section 7001, subsection 1‑A or other
27 students as defined under rules by the commissioner. The assessment program may not
28 include the use of the standardized test known as "the SAT" as a method for assessing
29 student performance. Beginning July 1, 2026, the assessment program must be adapted to
30 meet the needs of children with disabilities as defined in section 7201-A, subsection 1 or
31 other students as defined under rules adopted by the commissioner.
32 Sec. 9. 20-A MRSA §7001, sub-§1-B, ¶B, as amended by PL 2011, c. 542, Pt. A,
33 §21, is further amended to read:
34 B. For children at least 3 years of age and under 20 22 years of age evaluated in
35 accordance with the federal Individuals with Disabilities Education Act, 20 United
36 States Code, Section 1414, subsections (a) to (c) as measured by both standardized,
37 norm-referenced diagnostic instruments and appropriate procedures with delays or
38 impairments such that the children need special education:
39 (1) A child at least 3 years of age and under 6 years of age with a significant
40 developmental delay, at the discretion of the intermediate educational unit or
41 school administrative unit, as defined in rules adopted by the department, in one or
42 more of the following areas: cognitive development; physical development,
43 including vision and hearing; communication development; social or emotional
44 development; adaptive development; or
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 1 (2) A child with at least one of the following:
2 (a) Intellectual disability;
3 (b) Hearing impairment, including deafness;
4 (c) Speech or language impairment;
5 (d) Visual impairment, including blindness;
6 (e) Serious emotional disturbance;
7 (f) Orthopedic impairment;
8 (g) Autism;
9 (h) Traumatic brain injury;
10 (i) Other health impairment;
11 (j) Specific learning disabilities;
12 (k) Deafness and blindness; and
13 (l) Multiple disabilities.
14 This paragraph is repealed July 1, 2024.
15 Sec. 10. 20-A MRSA §7001, sub-§2-A, as amended by PL 2011, c. 477, Pt. F, §1,
16 is further amended by enacting a new first blocked paragraph to read:
17 This subsection is repealed July 1, 2024.
18 Sec. 11. 20-A MRSA §7006, as enacted by PL 2005, c. 662, Pt. A, §20, is repealed.
19 Sec. 12. 20-A MRSA §7008 is enacted to read:
20 §7008. Repeal
21 This chapter is repealed July 1, 2026.
22 Sec. 13. 20-A MRSA c. 301-A is enacted to read:
23 CHAPTER 301-A
24 EARLY INTERVENTION SERVICES
25 §7101. Purpose and commitment
26 The purpose of this chapter is to implement Part C of the federal Individuals with
27 Disabilities Education Act, 20 United States Code, Section 1400 et seq. The State is
28 committed to ensuring that all eligible infants and toddlers with disabilities are identified,
29 evaluated and provided with the early intervention services selected by their individualized
30 family services plan teams and described in their individualized family services plans.
31 §7102. Definitions
32 As used in this chapter, the following terms have the following meanings.
33 1. Birth to under 3 years of age. "Birth to under 3 years of age" means from the day
34 a child is born until the child's 3rd birthday.
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 1 2. Board. "Board" means the board of directors established under section 7105.
2 3. Early intervention services. Beginning July 1, 2026, "early intervention services"
3 means developmental services that are provided under public supervision; are provided at
4 no cost except where federal or state law provides for a system of payments by families,
5 including a schedule of sliding fees; are designed to meet the developmental needs of an
6 infant or toddler with a disability, as identified by the individualized family services plan
7 team, in one or more areas, including physical development, cognitive development,
8 communication development, social or emotional development and adaptive development;
9 meet the standards of the State; are provided by qualified personnel; to the maximum extent
10 appropriate, are provided in natural environments, including the home, and community
11 settings in which infants or toddlers without disabilities participate; and are provided in
12 conformity with an individualized family services plan.
13 4. Infant or toddler with a disability. Beginning July 1, 2026, "infant or toddler with
14 a disability" means a child from birth to under 3 years of age:
15 A. Who needs early intervention services because the child has a significant
16 developmental delay, as measured by both diagnostically appropriate instruments and
17 procedures, in one or more of the following areas: cognitive development; physical
18 development, including vision and hearing; communication development; social or
19 emotional development; and adaptive development; or
20 B. With a diagnosed physical or mental condition that has a high probability of
21 resulting in a developmental delay, with the condition being such that the child needs
22 early intervention services.
23 5. Individualized family services plan. "Individualized family services plan" means
24 the plan to provide services in accordance with Part C to an infant or toddler with a
25 disability or to the infant's or toddler's family.
26 6. Individualized family services plan team. "Individualized family services plan
27 team" means the group of individuals composed in accordance with Part C of the federal
28 Individuals with Disabilities Education Act, 20 United States Code, Section 1400 et seq. to
29 determine the individualized family services plan for an infant or toddler with a disability.
30 7. Part B. "Part B" means Part B of the federal Individuals with Disabilities Education
31 Act, 20 United States Code, Section 1400 et seq.
32 8. Part C. "Part C" means Part C of the federal Individuals with Disabilities Education
33 Act, 20 United States Code, Section 1400 et seq.
34 9. State intermediate educational unit. "State intermediate educational unit" or
35 "SIEU" means the state intermediate educational unit established in section 7104.
36 §7103. Department duties
37 The department shall:
38 1. Lead agency. Beginning July 1, 2026, serve as the lead agency for the statewide
39 system pursuant to 20 United States Code, Section 1435, including the identification and
40 coordination of all available resources within the State for services to eligible infants and
41 toddlers with disabilities from birth to under 3 years of age and their families;
42 2. Part C coordinator. Appoint a coordinator of Part C services;
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 1 3. Monitoring and oversight. Beginning July 1, 2026, ensure through regular,
2 comprehensive monitoring and oversight of the SIEU that:
3 A. Appropriate early intervention services based on scientifically based research, to the
4 extent practicable, are available to all infants and toddlers with disabilities and their
5 families, including Indian infants and toddlers with disabilities and their families
6 residing on a reservation geographically located in the State and infants and toddlers
7 with disabilities who are homeless children and their families;
8 B. A comprehensive child find system that meets the requirements of Part C is available
9 throughout the State;
10 C. A timely, multidisciplinary evaluation of the functioning of each infant and toddler
11 with a disability and a family-directed identification of the needs of each family of such
12 an infant or toddler to assist appropriately in the development of the infant or toddler
13 are conducted;
14 D. Each infant or toddler with a disability has an individualized family services plan,
15 developed in accordance with Part C, including service coordination in accordance
16 with the plan;
17 E. To the maximum extent appropriate, early intervention services are provided in
18 natural environments and that the provision of early intervention services for an infant
19 or toddler with a disability that occurs in a setting other than a natural environment that
20 is most appropriate, as determined by the parent and the individual family services plan
21 team, occurs only when early intervention cannot be achieved satisfactorily for the
22 infant or toddler in the natural environment; and
23 F. Parents are provided with procedural safeguards in accordance with Part C;
24 4. Application. Submit an annual application to the United States Department of
25 Education for a Part C grant and include in its annual application a policy for the extended
26 Part C option described by 34 Code of Federal Regulations, Part 303 under which a parent
27 of a child with a disability who is eligible for preschool services pursuant to Part B and
28 who previously received early intervention services pursuant to Part C may decline the
29 right to an individualized education plan and a free, appropriate public education in order
30 to choose the continuation of early intervention services from 3 years of age until the
31 beginning of the school year following the child's 3rd birthday;
32 5. Funding mechanism. Develop and maintain a funding mechanism for the SIEU.
33 The funding mechanism must maximize billing through private insurance and the
34 MaineCare program. The department shall require the SIEU to enter into a subgrantee
35 agreement with the department that makes the distribution of federal Part C and state funds
36 contingent on the delivery of early intervention services in accordance with the agreement;
37 6. Financial oversight of SIEU. Provide monitoring and oversight of fiscal activities
38 of the SIEU;
39 7. Interagency agreements. Enter into interagency agreements, including agreements
40 that define the financial responsibility of each agency for paying for early intervention
41 services and procedures for resolving interagency disputes;
42 8. Interagency coordinating council. Establish and support a state interagency
43 coordinating council in accordance with Part C;
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 1 9. Personnel development. Develop and implement a comprehensive system of
2 personnel development, including the training of paraprofessionals and the training of
3 primary referral sources with respect to the basic components of early intervention services
4 available in the State;
5 10. Public awareness program. Develop and implement a public awareness program
6 focusing on early identification of infants and toddlers with disabilities and disseminate to
7 all primary referral sources, especially hospitals and physicians, information to be given to
8 parents, especially to parents with premature infants or infants with other physical risk
9 factors associated with learning or developmental complications, on the availability of
10 early intervention services pursuant to Part C and this chapter as well as procedures for
11 assisting such sources in disseminating such information to parents of infants and toddlers
12 with disabilities; and
13 11. Rules. Develop and adopt rules necessary to carry out Part C and this chapter,
14 including, but not limited to, rules regarding:
15 A. A rigorous definition of the term "developmental delay";
16 B. Child find;
17 C. Multidisciplinary assessment and family-directed assessment;
18 D. The role of the indiv