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USA Statutes : maine
Title : Title 20-A. EDUCATION
Chapter : Chapter 307-A. INFANTS AND CHILDREN, FROM BIRTH TO UNDER AGE 6, WITH DISABILITIES (HEADING. PL 1993, c. 625, @1 (rpr))
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Title 20-A - §7724. System
Title 20-A: EDUCATION
Part 4: SPECIFIC EDUCATION PROGRAMS
Subpart 1: SPECIAL EDUCATION
Chapter 307-A: INFANTS AND CHILDREN, FROM BIRTH TO UNDER AGE 6, WITH DISABILITIES (HEADING: PL 1993, c. 625, @1 (rpr))
§7724. System
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, 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.
[2001, c. 471, Pt. C, §2 (amd); §10 (aff).]
2. Governmental purpose. The Child Development Services System is established as a body corporate and politic and as a public instrumentality of
the State, and the exercise of the powers conferred by this section is deemed to be the performance of essential governmental
functions.
[1991, c. 843, §3 (new).]
Section History:
PL 1991,
Ch. 843,
§3
(NEW).
PL 1993,
Ch. 625,
§2
(AMD).
PL 1997,
Ch. 534,
§4
(AMD).
PL 1999,
Ch. 668,
§83
(AMD).
PL 2001,
Ch. 471,
§C10
(AFF).
PL 2001,
Ch. 471,
§C2
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 20-A - §7725. Definitions
Title 20-A: EDUCATION
Part 4: SPECIFIC EDUCATION PROGRAMS
Subpart 1: SPECIAL EDUCATION
Chapter 307-A: INFANTS AND CHILDREN, FROM BIRTH TO UNDER AGE 6, WITH DISABILITIES (HEADING: PL 1993, c. 625, @1 (rpr))
§7725. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.
[1991, c. 843, §3 (new).]
1. Child Development Services System. "Child Development Services System," or "CDS," means regional sites, or their successor sites, a state-level intermediate
educational unit, or its successor, and the Interdepartmental Coordinating Council for Early Intervention, or its successor,
established to ensure the provision of childfind activities, early intervention services and free, appropriate public education
services to eligible children.
[2003, c. 676, §3 (amd).]
2. Childfind. "Childfind" means the identification, location and evaluation, at no cost to the family, of children, from birth to under
age 6, with disabilities.
[1993, c. 625, §3 (amd).]
3. Department. "Department" means the Department of Education.
[1997, c. 534, §5 (amd).]
4. Disability. "Disability" means:
A.
[1997, c. 534, §6 (rp).]
B.
[1997, c. 534, §6 (rp).]
C. For children from birth to under age 3:
(1) Developmental delays, as measured by both diagnostic instruments that are criterion-based or norm-referenced and appropriate
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
(2) 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
[1999, c. 296, §1 (rpr).]
D. For children age 3 to under age 6, evaluated in accordance with 34 Code of Federal Regulations, 300.530-534, as measured
by both standardized, norm-referenced diagnostic instruments and appropriate procedures with the delay or impairment being
such that the child needs special education and related services:
(1) Significant developmental delays in one or more of the following areas: cognitive development; physical development,
including vision and hearing; communication development; social or emotional development; adaptive development; or
(2) 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; deafness and blindness; or multiple disabilities.
[1999, c. 296, §1 (rpr).]
[1999, c. 296, §1 (amd).]
4-A. Early intervention services. "Early intervention services" means services that are designed to meet the developmental needs of each child, from birth
to under age 3, eligible under the federal Individuals with Disabilities Education Act, 20 United States Code, Section 1400
et seq., 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.
[1993, c. 625, §3 (new).]
5. Free, appropriate public education services. "Free, appropriate public education services," or "FAPE," means those services that are designed to meet the developmental
needs of eligible children, from age 3 to under age 6, who have a disability. These services include:
A. Early identification, screening and assessment services;
[1991, c. 843, §3 (new).]
B. Medical services for diagnostic or evaluation purposes only;
[1991, c. 843, §3 (new).]
C. Occupational therapy;
[1991, c. 843, §3 (new).]
D. Parent counseling and training;
[1991, c. 843, §3 (new).]
E. Physical therapy;
[1991, c. 843, §3 (new).]
F. Psychological services;
[1991, c. 843, §3 (new).]
G. Special instruction;
[1991, c. 843, §3 (new).]
H. Speech pathology and audiology; and
[1991, c. 843, §3 (new).]
I. Transportation.
[1991, c. 843, §3 (new).]
[1993, c. 625, §3 (amd).]
6. Council. "Council" means the Interdepartmental Coordinating Council for Early Intervention established in section 7733.
[2001, c. 471, Pt. C, §3 (ren); §10 (aff).]
7. Intermediate educational unit. "Intermediate educational unit," means an entity that meets the definition of intermediate educational unit in the federal
Individuals with Disabilities Education Act, 20 United States Code, Section 1401, (22) as in effect prior to June 4, 1997,
and that is a public authority, other than a local educational agency, under the general supervision of a state educational
agency, that is established for the purpose of providing free public education on a regional basis and that provides special
education and related services to handicapped children within the State.
[1999, c. 296, §2 (amd).]
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.
[1993, c. 625, §3 (amd).]
Section History:
PL 1991,
Ch. 843,
§3
(NEW).
PL 1993,
Ch. 625,
§3
(AMD).
PL 1995,
Ch. 560,
§K82
(AMD).
PL 1995,
Ch. 560,
§K83
(AFF).
PL 1997,
Ch. 534,
§5,6
(AMD).
PL 1999,
Ch. 296,
§1,2
(AMD).
PL 1999,
Ch. 668,
§84
(AMD).
PL 2001,
Ch. 471,
§C10
(AFF).
PL 2001,
Ch. 471,
§C3
(AMD).
PL 2003,
Ch. 676,
§3
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 20-A - §7727. Department of Education
Title 20-A: EDUCATION
Part 4: SPECIFIC EDUCATION PROGRAMS
Subpart 1: SPECIAL EDUCATION
Chapter 307-A: INFANTS AND CHILDREN, FROM BIRTH TO UNDER AGE 6, WITH DISABILITIES (HEADING: PL 1993, c. 625, @1 (rpr))
§7727. Department of Education
1. Responsibility. The department is designated as the state education agency responsible for carrying out the State's obligations under the
federal Individuals with Disabilities Education Act, 20 United States Code, Section 1400 et seq.
[1993, c. 625, §3 (amd).]
2. Plan. The department shall submit the State's plan for meeting the requirements of the federal Individuals with Disabilities Education
Act, 20 United States Code, Section 1400 et seq., to the Federal Government. Except as otherwise provided in this chapter,
the State's plan may not require services that exceed minimum federal requirements.
[1999, c. 296, §3 (amd).]
2-A. Administration of federal funds. The department 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.
[1993, c. 625, §3 (new).]
3. Rule-making authority. The commissioner may adopt rules necessary to implement this chapter in accordance with the Maine Administrative Procedure
Act. Rules adopted pursuant to this chapter that establish and maintain a statewide network that ensures the provisions of
childfind for families and children from birth to under 6 years of age and rules governing the eligibility for and delivery
of free, appropriate public education services to children with disabilities from birth to under 6 years of age and their
families are major substantive rules as defined in Title 5, chapter 375, subchapter 2-A.
[2003, c. 676, §4 (amd).]
4. 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 a regional intermediate educational unit for the purpose
of ensuring coordinated service delivery in each region of the State.
Contracts with boards of directors of private nonprofit corporations or plans of regional intermediate educational units must
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;
[1993, c. 625, §3 (amd).]
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; and
[1993, c. 625, §3 (amd).]
C. 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.
[1993, c. 625, §3 (new).]
The department, in a manner consistent with and with due respect for the authority of the regional site boards of directors
under section 7731, shall review and approve each regional site's budget to ensure compliance with federal and state program
requirements and to ensure that the budget is within the allocations of the funding formula and other anticipated revenues.
[1999, c. 296, §4 (amd).]
4-A. Site funding. The department shall make annual grant awards from available funds to regional intermediate educational units in accordance
with a funding formula developed by the department in consultation with the regional sites and adopted by rule.
A. The funding formula must include consideration of the costs associated with the following functions: administration; childfind;
case management; and provision of other services. The funding formula must take into consideration other factors, which may
include but are not limited to a regional site's geographic area, the general population of children from birth to under age
6, child count, Medicaid eligibility rate and cost containment measures.
[1999, c. 296, §5 (new).]
B. The formula may allocate a portion of total funds, not to exceed 8% of the State's general fund appropriation for the Child
Development Services System, for distribution to the regional sites based on unanticipated changes in costs or amount of mandated
services provided during the fiscal year. The formula may also include a provision to limit the magnitude of gain or loss
of funds a site will experience from one fiscal year to the next.
[1999, c. 296, §5 (new).]
C. The rule establishing the funding formula is a major substantive rule as defined in Title 5, chapter 375, subchapter II-A.
[1999, c. 296, §5 (new).]
[1999, c. 296, §5 (new).]
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;
[2001, c. 471, Pt. C, §4 (ren); §10 (aff).]
B. That preschool children with disabilities, from age 3 to under age 6, including those children who reach 5 years of age
between September 1st and October 15th who are already receiving free, appropriate public education services through the Child
Development Services System and whose parents choose, in accordance with rules adopted by the commissioner, not to enroll
those children in kindergarten until the start of the following school year, have free, appropriate public education services
available to them at no cost to the family;
[2003, c. 676, §5 (amd).]
C. That rules are developed, adopted and implemented describing minimum standards for the following:
(1) Least restrictive environment;
(2) Nondiscrimination;
(3) Rights of parents, including, beginning in school year 2004-2005, the right to choose to not enroll in kindergarten
until the start of the following school year a child with disabilities who is already receiving free, appropriate public education
services through the Child Development Services System and who will reach 5 years of age between September 1st and October
15th;
(4) Free, appropriate public education 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;
[2003, c. 676, §5 (amd).]
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;
[2001, c. 471, Pt. C, §4 (ren); §10 (aff).]
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.
[2001, c. 471, Pt. C, §4 (ren); §10 (aff).]
[2003, c. 676, §5 (amd).]
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.
[2001, c. 471, Pt. C, §5 (amd); §10 (aff).]
7. Audit of regional sites. The department, in collaboration with the regional sites, shall ensure that a consistent and comprehensive fiscal and compliance
audit of the regional sites is performed annually. Each audit must include review of the justification, cost effectiveness
and productivity of employing professional site staff therapists in accordance with section 7731, subsection 2.
[1999, c. 621, §1 (new).]
Section History:
PL 1991,
Ch. 843,
§3
(NEW).
PL 1993,
Ch. 625,
§3
(AMD).
PL 1995,
Ch. 662,
§1
(AMD).
PL 1997,
Ch. 534,
§7,8
(AMD).
PL 1999,
Ch. 296,
§3-5
(AMD).
PL 1999,
Ch. 621,
§1
(AMD).
PL 1999,
Ch. 668,
§85,86
(AMD).
PL 2001,
Ch. 471,
§C10
(AFF).
PL 2001,
Ch. 471,
§C4,5
(AMD).
PL 2001,
Ch. 510,
§1
(AMD).
PL 2003,
Ch. 676,
§4,5
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 20-A - §7728. State intermediate education unit; establishment; powers; duties and obligations
Title 20-A: EDUCATION
Part 4: SPECIFIC EDUCATION PROGRAMS
Subpart 1: SPECIAL EDUCATION
Chapter 307-A: INFANTS AND CHILDREN, FROM BIRTH TO UNDER AGE 6, WITH DISABILITIES (HEADING: PL 1993, c. 625, @1 (rpr))
§7728. State intermediate education unit; establishment; powers; duties and obligations
The commissioner shall establish and supervise a state intermediate education unit to perform the following duties:
[1991, c. 843, §3 (new).]
1. Federal obligations. 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, Part B, Section 619 and Part H, 20 United States Code, Section
1400 et seq. These obligations must include but are not limited to:
A. Personnel standards;
[1991, c. 843, §3 (new).]
B. Comprehensive system of personnel development;
[1991, c. 843, §3 (new).]
C. Program monitoring;
[1991, c. 843, §3 (new).]
D. Data collection and data warehousing, consistent with department policies;
[1997, c. 534, §9 (amd).]
E. Interagency agreements at the state level;
[1997, c. 534, §9 (amd).]
F. Public awareness;
[1991, c. 843, §3 (new).]
G. Payment for early intervention and free appropriate public education services; and
[1997, c. 534, §9 (new).]
H. Frequency and intensity of developmental therapy and special instruction services;
[1997, c. 534, §9 (new).]
[1997, c. 534, §9 (amd).]
2. Program and policy compliance. Provide training and technical assistance in the policies and procedures necessary to meet all federal and state guidelines
required by this chapter;
[RR 1993, c. 1, §46 (cor).]
3. Fiscal compliance. Ensure regional site fiscal compliance by reviewing or performing regular audits of site records;
[1991, c. 843, §3 (new).]
4. Free, appropriate public education training. Provide training and certification to regional site employees and others in commitment of funds used to provide free, appropriate
public education;
[1991, c. 843, §3 (new).]
5. Administrative case management.
[1993, c. 625, §5 (rp).]
6. Employees. Employ professional and other staff necessary to carry out the state level functions required by this chapter;
[1991, c. 843, §3 (new).]
7. Suits. Sue and be sued in its own name;
[1991, c. 843, §3 (new).]
8. 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;
[1991, c. 843, §3 (new).]
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;
[1991, c. 843, §3 (new).]
10. 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
[1991, c. 843, §3 (new).]
11. 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, Section 1400 et seq., to the dissemination
of information about infants and children, from birth to under age 6, with disabilities who are served by the Child Development
Services System.
[1993, c. 625, §6 (amd).]
div>
All state intermediate education unit employees are employees for purposes of the Maine Tort Claims Act.
[1991, c. 843, §3 (new).]
Section History:
PL 1991,
Ch. 843,
§3
(NEW).
PL 1993,
Ch. 625,
§4-6
(AMD).
RR 1993,
Ch. 1,
§46
(COR).
PL 1997,
Ch. 534,
§9
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 20-A - §7729. Regional site governance; choice
Title 20-A: EDUCATION
Part 4: SPECIFIC EDUCATION PROGRAMS
Subpart 1: SPECIAL EDUCATION
Chapter 307-A: INFANTS AND CHILDREN, FROM BIRTH TO UNDER AGE 6, WITH DISABILITIES (HEADING: PL 1993, c. 625, @1 (rpr))
§7729. Regional site governance; choice
Boards of directors of the regional sites established to ensure childfind activities for children, from birth to under age
6, to coordinate early intervention services for eligible children, from birth to under age 6, and to coordinate free, appropriate
public education services for eligible children from age 3 to under age 6 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 of Education.
[1993, c. 625, §7 (amd).]
Section History:
PL 1991,
Ch. 843,
§3
(NEW).
PL 1993,
Ch. 625,
§7
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 20-A - §7730-A. Completion of term
Title 20-A: EDUCATION
Part 4: SPECIFIC EDUCATION PROGRAMS
Subpart 1: SPECIAL EDUCATION
Chapter 307-A: INFANTS AND CHILDREN, FROM BIRTH TO UNDER AGE 6, WITH DISABILITIES (HEADING: PL 1993, c. 625, @1 (rpr))
§7730-A. Completion of term
Notwithstanding section 7730, a board member serving on a regional site board and deriving revenue from work performed for
the Child Development Services System on the effective date of this section may complete that board member's term of office.
[1995, c. 662, §3 (new).]
Section History:
PL 1995,
Ch. 662,
§3
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 20-A - §7730. Regional site board of directors
Title 20-A: EDUCATION
Part 4: SPECIFIC EDUCATION PROGRAMS
Subpart 1: SPECIAL EDUCATION
Chapter 307-A: INFANTS AND CHILDREN, FROM BIRTH TO UNDER AGE 6, WITH DISABILITIES (HEADING: PL 1993, c. 625, @1 (rpr))
§7730. Regional site board of directors
Each board of directors of a regional intermediate education 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 7729. Membership
must include representatives of the regional offices of the Department of Health and Human Services, representatives of participating
school administrative units, parents of infants and children with disabilities and other community members as determined appropriate.
A regional site board member or a board member's employer may not, during the term for which the member serves on the board,
derive any revenue from work performed for the Child Development Services System. A representative of a participating school
administrative unit whose participation in the system is limited to work performed for the school administrative unit is exempt
from the requirements of this section. Terms of membership and methods of appointment or election must be determined by board
of directors bylaws, subject to approval of the department.
[RR 2003, c. 2, §36 (cor).]
Section History:
PL 1991,
Ch. 843,
§3
(NEW).
PL 1995,
Ch. 560,
§K82
(AMD).
PL 1995,
Ch. 560,
§K83
(AFF).
PL 1995,
Ch. 662,
§2
(AMD).
PL 1997,
Ch. 534,
§10
(AMD).
PL 2001,
Ch. 354,
§3
(AMD).
RR 2003,
Ch. 2,
§36
(COR).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 20-A - §7731. Regional site; administration
Title 20-A: EDUCATION
Part 4: SPECIFIC EDUCATION PROGRAMS
Subpart 1: SPECIAL EDUCATION
Chapter 307-A: INFANTS AND CHILDREN, FROM BIRTH TO UNDER AGE 6, WITH DISABILITIES (HEADING: PL 1993, c. 625, @1 (rpr))
§7731. Regional site; administration
The regional site board of directors shall:
[1991, c. 843, §3 (new).]
1. Fiscal services. Provide fiscal management of money allocated to it, in compliance with state and federal laws and subject to proof of an
annual audit. Fiscal services may be secured as a contracted or in-kind service;
[1991, c. 843, §3 (new).]
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 and salary scales for its employees.
Professional therapists may be employed as site staff when the board and the state intermediate education unit find that:
A. Site staff therapists are needed to perform evaluations of children to ensure appropriate service plans;
[1995, c. 662, §4 (new).]
B. Therapists serving children on a contractual basis are unable to provide required services within timelines mandated by
the federal Individuals with Disabilities Education Act, 20 United States Code, Section 1400 et seq.; or
[1995, c. 662, §4 (new).]
C. Site staff therapists are able to provide services comparable to those provided by contract therapists at an identifiable
savings to the Child Development Services System, as determined by the commissioner.
[1999, c. 621, §2 (amd).]
Prior to making application for approval to hire a professional therapist, the site board of directors or its designee shall
consult with the provider advisory board for that region and document the need for those services based on the availability
of services and on the timeliness requirements of federal law;
[1999, c. 621, §2 (amd).]
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 the board of directors are public employees within the meaning of Title 26, section 962, subsection 6;
[1991, c. 843, §3 (new).]
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;
[1991, c. 843, §3 (new).]
5. Retirement plan. Select an employee retirement plan option that meets all applicable federal and state requirements;
[1991, c. 843, §3 (new).]
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;
[1997, c. 534, §11 (new).]
B. Maximize the effective use of qualified personnel, facilities and other resources;
[1997, c. 534, §11 (new).]
C. Ensure consistent quality of early childhood programming; and
[1997, c. 534, §11 (new).]
D. Facilitate the transition process, for children and families, from the Child Development Services System to the public school
system;
[1997, c. 534, §11 (new).]
[2001, c. 471, Pt. C, §6 (amd); §10 (aff).]
7. Suits. Sue and be sued in its own name;
[1991, c. 843, §3 (new).]
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;
[1991, c. 843, §3 (new).]
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;
[1991, c. 843, §3 (new).]
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
[1991, c. 843, §3 (new).]
11. 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, Section 1400 et seq., to the dissemination
of information about infants and children, from birth to under age 6, with disabilities who are served through the regional
site.
[1993, c. 625, §8 (amd).]
div>
All regional site employees and board of directors members of a regional intermediate education unit are employees for purposes
of the Maine Tort Claims Act.
[1991, c. 843, §3 (new).]
Section History:
PL 1991,
Ch. 843,
§3
(NEW).
PL 1993,
Ch. 625,
§8
(AMD).
PL 1995,
Ch. 662,
§4
(AMD).
PL 1997,
Ch. 534,
§11
(AMD).
PL 1999,
Ch. 296,
§6,7
(AMD).
PL 1999,
Ch. 621,
§2
(AMD).
PL 1999,
Ch. 668,
§87
(AMD).
PL 2001,
Ch. 471,
§C10
(AFF).
PL 2001,
Ch. 471,
§C6
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 20-A - §7732-A. Regional site; duties and obligations
Title 20-A: EDUCATION
Part 4: SPECIFIC EDUCATION PROGRAMS
Subpart 1: SPECIAL EDUCATION
Chapter 307-A: INFANTS AND CHILDREN, FROM BIRTH TO UNDER AGE 6, WITH DISABILITIES (HEADING: PL 1993, c. 625, @1 (rpr))
§7732-A. Regional site; duties and obligations
The board of directors of a private nonprofit corporation or a regional intermediate educational unit shall:
[1997, c. 534, §12 (amd).]
1. Childfind. Ensure provision of childfind activities as required by the federal Individuals with Disabilities Education Act, 20 United
States Code, Section 1400 et seq.;
[1993, c. 625, §10 (new).]
2. Childcount. Ensure provision of childcount activities as required by the federal Individuals with Disabilities Education Act, 20 United
States Code, Section 1400 et seq.;
[1993, c. 625, §10 (new).]
3. Part H. Ensure appropriate data collection, training, staff development and direct service provision to eligible children, from
birth to under age 3, in accordance with Part H of the federal Individuals with Disabilities Education Act, 20 United States
Code, Section 1400 et seq.;
[1993, c. 625, §10 (new).]
4. Early intervention services. Ensure that eligible children, from birth to under age 3, receive early intervention services, in accordance with the payment
provisions established by the State;
[1993, c. 625, §10 (new).]
5. Free, appropriate public education. Ensure that eligible children, from age 3 to under age 6, receive free, appropriate public education services, in collaboration
with school administrative units when possible;
[1997, c. 534, §13 (amd).]
6. Individual plan. Coordinate with eligible families the development of individual family service plans that include all federally required
components of the individualized education program, or coordinate an individualized education program, if preferred by the
parent of a child age 3 to under age 6;
[1999, c. 296, §8 (amd).]
7. Service providers. Contract, whenever possible, with providers of early intervention services approved by the Bureau of Medical Services within
the Department of Health and Human Services;
[1993, c. 625, §10 (new); 2003, c. 689, Pt. B, §6 (rev).]
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;
[1995, c. 662, §5 (amd).]
9. Medicaid cost reimbursement. Following enrollment with the Bureau of Medical Services within the Department of Health and Human Services, seek reimbursement
for targeted case management and for other Medicaid reimbursable services provided by regional site employees; and
[1999, c. 296, §9 (amd); 2003, c. 689, Pt. B, §6 (rev).]
10. Provider advisory board. Establish an advisory board consisting of representatives of catchment area service providers to advise the regional board
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.
[1995, c. 662, §6 (new).]
Section History:
PL 1993,
Ch. 625,
§10
(NEW).
PL 1995,
Ch. 662,
§5,6
(AMD).
PL 1997,
Ch. 534,
§12,13
(AMD).
PL 1999,
Ch. 296,
§8,9
(AMD).
PL 2003,
Ch. 689,
§B6
(REV).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 20-A - §7732. Regional site; duties and obligations (REPEALED)
Title 20-A: EDUCATION
Part 4: SPECIFIC EDUCATION PROGRAMS
Subpart 1: SPECIAL EDUCATION
Chapter 307-A: INFANTS AND CHILDREN, FROM BIRTH TO UNDER AGE 6, WITH DISABILITIES (HEADING: PL 1993, c. 625, @1 (rpr))
§7732. Regional site; duties and obligations (REPEALED)
Section History:
PL 1991,
Ch. 843,
§3
(NEW).
PL 1993,
Ch. 625,
§9
(RP ).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 20-A - §7733. Interdepartmental coordination
Title 20-A: EDUCATION
Part 4: SPECIFIC EDUCATION PROGRAMS
Subpart 1: SPECIAL EDUCATION
Chapter 307-A: INFANTS AND CHILDREN, FROM BIRTH TO UNDER AGE 6, WITH DISABILITIES (HEADING: PL 1993, c. 625, @1 (rpr))
§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.
[2001, c. 471, Pt. C, §7 (ren); §10 (aff).]
div>
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.
[2001, c. 471, Pt. C, §7 (ren); §10 (aff).]
div>
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.
[2001, c. 471, Pt. C, §7 (ren); §10 (aff).]
div>
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.
[2001, c. 471, Pt. C, §7 (ren); §10 (aff).]
div>
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.
[2001, c. 471, Pt. C, §7 (ren); §10 (aff).]
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.
[2001, c. 471, Pt. C, §7 (ren); §10 (aff).]
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;
[2001, c. 471, Pt. C, §7 (ren); §10 (aff).]
B. Personnel preparation and continuing education;
[2001, c. 471, Pt. C, §7 (ren); §10 (aff).]
C. Childfind activities and methods as required by the federal Individuals with Disabilities Education Act, 20 United States
Code, Section 1400 et seq.;
[2001, c. 471, Pt. C, §7 (ren); §10 (aff).]
D. Public awareness as required by the federal Individuals with Disabilities Education Act, 20 United States Code, Section
1400 et seq.; and
[2001, c. 471, Pt. C, §7 (ren); §10 (aff).]
E. Contemporary research.
[2001, c. 471, Pt. C, §7 (ren); §10 (aff).]
F.
[1993, c. 625, §13 (rp).]
G.
[1993, c. 625, §13 (rp).]
H.
[1993, c. 625, §13 (rp).]
I.
[1993, c. 625, §13 (rp).]
J.
[1993, c. 625, §13 (rp).]
K.
[1993, c. 625, §13 (rp).]
L.
[1993, c. 625, §13 (rp).]
M.
[1993, c. 625, §13 (rp).]
N.
[1993, c. 625, §13 (rp).]
[2001, c. 471, Pt. C, §7 (ren); §10 (aff).]
3. Bylaws. The council shall develop and adopt bylaws for its conduct.
[2001, c. 471, Pt. C, §7 (ren); §10 (aff).]
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.
[2001, c. 471, Pt. C, §7 (ren); §10 (aff).]
5. Chair. The council shall annually elect one member to serve as chair.
[2001, c. 471, Pt. C, §7 (ren); §10 (aff).]
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.
[2001, c. 471, Pt. C, §7 (ren); §10 (aff).]
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.
[2001, c. 471, Pt. C, §7 (ren); §10 (aff).]
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.
[2001, c. 471, Pt. C, §7 (ren); §10 (aff).]
9. Voting. The council shall adopt bylaws that define a quorum for the purpose of conducting business of the council.
[2001, c. 471, Pt. C, §7 (ren); §10 (aff).]
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.
[2001, c. 471, Pt. C, §7 (ren); §10 (aff).]
Section History:
PL 1991,
Ch. 843,
§3
(NEW).
PL 1993,
Ch. 625,
§11-14
(AMD).
PL 1995,
Ch. 662,
§7
(AMD).
PL 1997,
Ch. 534,
§14,15
(AMD).
PL 1999,
Ch. 668,
§88
(RP ).
PL 2001,
Ch. 471,
§C10
(AFF).
PL 2001,
Ch. 471,
§C7
(REN).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 20-A - §7734-A. Distribution of funds to school administrative units
Title 20-A: EDUCATION
Part 4: SPECIFIC EDUCATION PROGRAMS
Subpart 1: SPECIAL EDUCATION
Chapter 307-A: INFANTS AND CHILDREN, FROM BIRTH TO UNDER AGE 6, WITH DISABILITIES (HEADING: PL 1993, c. 625, @1 (rpr))
§7734-A. Distribution of funds to school administrative units
In addition to the programs authorized in this chapter, school administrative units may provide services for children who
are disabled in a manner consistent with sections 4251 to 4254, and the cost of such services is subsidizable as special education
costs under chapter 606-B.
[2005, c. 2, Pt. D, §22 (amd); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
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.
[1993, c. 625, §16 (new).]
2. Dedication of funds. Funds generated under the school subsidy formula through expenditures for programs for infants and children, from birth
to under age 6, who are disabled, must be committed to continue to fund programs and services for the target population at
the local level.
[1993, c. 625, §16 (new).]
3. Coordination of services and resource development activities. School administrative units shall coordinate their program and service activities for infants and children, from birth to
under age 6, who are disabled, with the regional Child Development Services System sites to avoid duplication and maximize
the use of resources in accordance with the rules adopted by the department.
[1997, c. 534, §17 (amd).]
Section History:
PL 1993,
Ch. 625,
§16
(NEW).
PL 1997,
Ch. 534,
§16,17
(AMD).
PL 1999,
Ch. 296,
§10
(AMD).
PL 2005,
Ch. 2,
§D22
(AMD).
PL 2005,
Ch. 2,
§D72,74
(AFF).
PL 2005,
Ch. 12,
§WW18
(AFF).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 20-A - §7734-B. Annual recommendation (REPEALED)
Title 20-A: EDUCATION
Part 4: SPECIFIC EDUCATION PROGRAMS
Subpart 1: SPECIAL EDUCATION
Chapter 307-A: INFANTS AND CHILDREN, FROM BIRTH TO UNDER AGE 6, WITH DISABILITIES (HEADING: PL 1993, c. 625, @1 (rpr))
§7734-B. Annual recommendation (REPEALED)
Section History:
PL 1993,
Ch. 625,
§16
(NEW).
PL 1997,
Ch. 534,
§18
(RP ).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 20-A - §7734-C. Annual report
Title 20-A: EDUCATION
Part 4: SPECIFIC EDUCATION PROGRAMS
Subpart 1: SPECIAL EDUCATION
Chapter 307-A: INFANTS AND CHILDREN, FROM BIRTH TO UNDER AGE 6, WITH DISABILITIES (HEADING: PL 1993, c. 625, @1 (rpr))
§7734-C. Annual report
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.
[2001, c. 471, Pt. C, §8 (ren); §10 (aff).]
Section History:
PL 1993,
Ch. 625,
§16
(NEW).
PL 1997,
Ch. 534,
§19
(AMD).
PL 1999,
Ch. 668,
§89
(RP ).
PL 2001,
Ch. 471,
§C10
(AFF).
PL 2001,
Ch. 471,
§C8
(REN).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 20-A - §7734. Allocation of federal and state funds for fiscal year 1992-93 (REPEALED)
Title 20-A: EDUCATION
Part 4: SPECIFIC EDUCATION PROGRAMS
Subpart 1: SPECIAL EDUCATION
Chapter 307-A: INFANTS AND CHILDREN, FROM BIRTH TO UNDER AGE 6, WITH DISABILITIES (HEADING: PL 1993, c. 625, @1 (rpr))
§7734. Allocation of federal and state funds for fiscal year 1992-93 (REPEALED)
Section History:
PL 1991,
Ch. 843,
§3
(NEW).
PL 1993,
Ch. 625,
§15
(RP ).
RR 1993,
Ch. 1,
§47
(COR).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 20-A - §7735. Conflict of interest
Title 20-A: EDUCATION
Part 4: SPECIFIC EDUCATION PROGRAMS
Subpart 1: SPECIAL EDUCATION
Chapter 307-A: INFANTS AND CHILDREN, FROM BIRTH TO UNDER AGE 6, WITH DISABILITIES (HEADING: PL 1993, c. 625, @1 (rpr))
§7735. Conflict of interest
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.
[2001, c. 471, Pt. C, §9 (ren); §10 (aff).]
Section History:
PL 1991,
Ch. 843,
§3
(NEW).
PL 1999,
Ch. 668,
§90
(RP ).
PL 2001,
Ch. 471,
§C10
(AFF).
PL 2001,
Ch. 471,
§C9
(REN).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 20-A - §7736. Insurer or 3rd-party obligation
Title 20-A: EDUCATION
Part 4: SPECIFIC EDUCATION PROGRAMS
Subpart 1: SPECIAL EDUCATION
Chapter 307-A: INFANTS AND CHILDREN, FROM BIRTH TO UNDER AGE 6, WITH DISABILITIES (HEADING: PL 1993, c. 625, @1 (rpr))
§7736. Insurer or 3rd-party obligation
Nothing in this chapter relieves an insurer or similar 3rd party from an otherwise valid obligation to provide or pay for
services.
[1991, c. 843, §3 (new).]
Section History:
PL 1991,
Ch. 843,
§3
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
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