Sec. C-1. 5 MRSA §12004-G, sub-§8-A, as repealed by PL 1999, c. 668, §23, is reenacted to read:
8-A. Education |
Interde-partmental Coordinating Council for Early Inter- vention |
Expenses Only |
20-A MRSA §7733 |
Sec. C-2. 20-A MRSA §7724, sub-§1, as amended by PL 1999, c. 668, §83, is further amended to read:
1. Establishment. The Child Development Services System is established for the purpose of maintaining a coordinated service delivery system for the provision of childfind activities for children, from birth to under age 6, early intervention services for eligible children, from birth to under age 3, and free, appropriate and public education services for eligible children, from age 3 to under age 6, who have a disability. The Child Development Services System consists of regional sites organized as intermediate educational units or as private nonprofit corporations and, one state-level intermediate educational unit and the Interdepartmental Coordinating Council for Early Intervention advisory board. The Child Development Services System shall ensure application of the provisions of this chapter statewide through a contractual or grant relationship between the Department of Education and each regional site.
Sec. C-3. 20-A MRSA §7725, sub-§6, as repealed by PL 1999, c. 668, §84, is reenacted to read:
6. Council. "Council" means the Interdepartmental Coordinating Council for Early Intervention established in section 7733.
Sec. C-4. 20-A MRSA §7727, sub-§5, as repealed by PL 1999, c. 668, §85, is reenacted to read:
5. Implementation of early intervention and of free, appropriate public education services. The department, through the Child Development Services System, shall ensure:
A. That screening, evaluation and referral services, at no cost to the family, are accessible to all children, from birth to under age 6;
B. That preschool children with disabilities, from age 3 to under age 6, have free, appropriate public education services available to them at no cost to the family;
C. That rules are developed, adopted and implemented describing minimum standards for the following:
(1) Least restrictive environment;
(2) Nondiscrimination;
(3) 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) Early childhood team;
(9) 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) Frequency and intensity of developmental therapy and special instruction services;
D. That infants and toddlers, from birth to under age 3, have early intervention services available to them by July 1, 1994 through 3rd-party payment or through a system of payments by families, including a schedule of sliding fees;
E. That the nonsupplanting requirement under the federal Individuals with Disabilities Education Act and its implementing regulations is addressed with the Interdepartmental Coordinating Council for Early Intervention for purposes of reporting under section 7734-C.
Sec. C-5. 20-A MRSA §7727, sub-§6, as amended by PL 1999, c. 668, §86, is further amended to read:
6. Regional site compliance. The department, in consultation with regional sites and the Interdepartmental Coordinating Council for Early Intervention, shall develop an action plan with timelines 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.
Sec. C-6. 20-A MRSA §7731, sub-§6, as amended by PL 1999, c. 668, §87, is further amended to read:
6. Contracts. 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, except that the board shall provide to the department copies of any contract for review upon the department's request and shall obtain prior department approval of the prototype for provider contracts, any multi-year leases and any memoranda of understanding with other entities. Regional site boards of directors shall consider collaboration with school administrative units that are operating or that wish to develop, pursuant to section 4253 or 7734-A, early childhood programs in the regional board's catchment 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;
Sec. C-7. 20-A MRSA §7733, as repealed by PL 1999, c. 668, §88, is reenacted to read:
§7733. Interdepartmental coordination
The Interdepartmental Coordinating Council for Early Intervention, as established in Title 5, section 12004-G, subsection 8-A, is established 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, Section 1400 et seq. and 34 Code of Federal Regulations, 303.650 to 303.654, July 1993.
The obligations of the Interdepartmental Coordinating Council for Early Intervention, 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 for school-aged children with disabilities, provided that the federal membership requirements of the Interdepartmental Coordinating Council for Early Intervention are met.
Membership of the council must be in keeping with the federal Individuals with Disabilities Education Act, 20 United States Code, Section 1400 et seq., 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 quality early intervention services.
2. Consider issues. The council shall consider, with the advice of the regional site boards of directors and the state intermediate education unit, contemporary issues affecting early intervention services in the State, including, but not limited to, the following:
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, Section 1400 et seq.;
D. Public awareness as required by the federal Individuals with Disabilities Education Act, 20 United States Code, Section 1400 et seq.; 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. Agency representatives on the council are entitled to reimbursement for expenses incurred in the performance of their council duties by the appointing 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 education unit shall provide to the council the equivalent of one full-time professional staff person from funds allocated to operation of the state intermediate education unit.
8. Committee and advisory activities. The council may establish committees composed of parents, professionals, advocacy group representatives, board representatives 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.
Sec. C-8. 20-A MRSA §7734-C, as repealed by PL 1999, c. 668, §89, is reenacted to read:
The council shall provide to the joint standing committee of the Legislature having jurisdiction over educational matters and to the commissioner an annual report on the early intervention system in the State. This report must include a demonstration that: the funds provided under the federal Individuals with Disabilities Education Act, Part B, Section 619 and Part H 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, Part B, Section 619 and Part H 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. C-9. 20-A MRSA §7735, as repealed by PL 1999, c. 668, §90, is reenacted to read:
Notwithstanding Title 5, section 18, subsection 1, paragraph B, each member of the Interdepartmental Coordinating Council for Early Intervention and each employee, contractor, agent or other representative of the Child Development Services System is deemed an "executive employee" solely for the purposes of Title 5, section 18. The department shall provide training to participants to ensure compliance with conflict of interest requirements. Regional site boards of directors shall develop conflict of interest policies for employees and board members and may request assistance from the department in developing those policies.
Sec. C-10. Retroactivity. This Part applies retroactively to August 11, 2000.
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