LAW WITHOUT
GOVERNOR'S CHAPTER
SIGNATURE
110
JULY 15, 2021 RESOLVES
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-ONE
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H.P. 176 - L.D. 255
Resolve, Directing the Department of Education To Develop a Plan for the
Provision of Early Intervention 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, this resolve directs the Department of Education to develop a plan for the
provision of early intervention services and report to the Joint Standing Committee on
Education and Cultural Affairs and the Joint Standing Committee on Health and Human
Services; and
Whereas, the development of the plan must be initiated before the 90-day period
expires in order that the plan may be completed and a report submitted in time for 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. Advisory committee established. Resolved: That the Department of
Education shall establish an advisory committee to advise the department on the
development of a plan for the provision of early intervention services for children from
birth to under 3 years of age through a quasi-independent government agency structure,
advise the department on the option of pursuing the federal Extended Part C Option under
34 Code of Federal Regulations, Section 303.211, referred to in this resolve as "the
Extended Part C Option," and make recommendations to the department on the provision
of services for children 3 years of age. No later than 30 days after the effective date of this
resolve, the Commissioner of Education shall invite the following members to join the
advisory committee:
1. The Commissioner of Health and Human Services or the commissioner's designee;
2. The director of the Child Development Services System;
3. The Attorney General or the Attorney General's designee;
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 4. One member who is a contracted service provider of early intervention services,
recommended by the Maine Association for Community Service Providers;
5. One member who is a representative of a Head Start agency or program,
representing Head Start programs in the State, recommended by the Maine Head Start
Directors Association;
6. One member representing and recommended by the Maine Developmental
Disabilities Council, established under the Maine Revised Statutes, Title 5, section
12004-J, subsection 66;
7. One member representing and recommended by the Maine Speech Language
Hearing Association;
8. Two members who are parents of children with disabilities from birth to under 3
years of age, recommended by the Maine Parent Federation;
9. One member who is a representative of a child care program recommended by the
Maine Association for the Education of Young Children;
10. One member representing and recommended by the Maine Association for
Community Service Providers;
11. One member representing and recommended by the Maine Occupational Therapy
Association; and
12. One member representing and recommended by the Maine Children's Alliance.
The advisory committee shall elect a chair from among its members. Meetings of the
advisory committee are public and the Department of Education shall provide to the
members of the Joint Standing Committee on Education and Cultural Affairs and the Joint
Standing Committee on Health and Human Services notice of the meetings with the
advisory committee so that members of the joint standing committees may attend.
Sec. 2. Department of Education to develop a plan for early intervention
services; legislation. Resolved: That the Department of Education shall develop a
plan for the provision of early intervention services through a quasi-independent
government agency structure, with the Department of Education providing oversight as the
lead agency pursuant to 20 United States Code, Section 1435, in accordance with this
section.
1. Plan. The plan must include:
A. The establishment and appointment of an independent governing board for the
quasi-independent government agency;
B. Current or proposed memoranda of understanding between the Department of
Education and the Department of Health and Human Services;
C. How the plan addresses each of the 16 minimum required components under the
federal Individuals with Disabilities Education Act, 20 United States Code, Section
1435(a) for a statewide, comprehensive system of early intervention services for infants
and toddlers with disabilities; and
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 D. A detailed timeline for implementation, including but not limited to resources
needed, any necessary statutory or regulatory changes and any other information
necessary to implement the plan.
2. Consultation with the advisory committee. The Department of Education shall
consult and meet with the advisory committee under section 1 on the development of the
plan.
3. Legislation. The Department of Education shall draft suggested legislation to
implement the plan developed, including but not limited to a new chapter of law in the
Maine Revised Statutes, Title 20-A for the provision of early intervention services for
children with disabilities from birth to under 3 years of age.
Sec. 3. Department of Education to conduct an analysis of the federal
Extended Part C Option and make recommendations for services for children
3 years of age with disabilities. Resolved: That the Department of Education shall
conduct an analysis of the Extended Part C Option, including but not limited to its
methodology, how it could be implemented and any unintended consequences that would
need to be avoided if the State pursues the Extended Part C Option. The Department of
Education shall also develop recommendations on the provision of services for children
with disabilities who are 3 years of age, including but not limited to whether children 3
years of age should receive services through the quasi-independent government agency
structure under section 2, school administrative units or a hybrid system. The Department
of Education shall consult and meet with the advisory committee under section 1 as part of
its analysis and development of recommendations under this section.
Sec. 4. Reports. Resolved: That the Department of Education shall submit a
report, no later than February 1, 2022, on the plan for early intervention services under
section 2, subsection 1, including suggested legislation and a detailed analysis of any
additional resources or statutory or regulatory changes necessary to implement the plan,
the analysis of the Extended Part C Option and recommendations on the provision of
services for children with disabilities who are 3 years of age under section 3, to the Joint
Standing Committee on Education and Cultural Affairs and the Joint Standing Committee
on Health and Human Services. The Joint Standing Committee on Education and Cultural
Affairs may submit legislation to the Second Regular Session of the 130th Legislature
related to the report. The advisory committee may also report to the Joint Standing
Committee on Education and Cultural Affairs on the advisory committee's role in the
development of the plan under section 2.
Emergency clause. In view of the emergency cited in the preamble, this legislation
takes effect when approved.
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