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An Act To Facilitate School Access to Federal Title I Funds and Improve the Delivery of Special Education Services
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 20-A MRSA §2907, as amended by PL 1989, c. 700, Pt. A, §47, is further amended to read:
§ 2907.Nontraditional limited purpose school approval
 
1. Requirements.   A nonprofit institution, not otherwise approved under this subchapter, may operate as an approved nontraditional limited purpose school if it demonstrates a commitment to the educational process and to the State's youth by possessing the following:
 
A. An incorporated council, board of trustees, board of directors or other governing board composed of a cross section of the community served by the school;
 
B. An established educational plan;
 
C. A written curriculum with appropriate goals, objectives and instructional strategies;
 
D. Specific instructional time commensurate with the educational activities planned;
 
E. Facilities that comply with state health, safety and fire codes;
 
F. An instructional staff certified by the Department of Education where appropriate and endorsement by professional boards in areas where the State does not have certification standards or professional standards agreed upon by the department and the respective institution;
 
G. School health services that include a registered nurse in residence when students are in attendance or the appointment of a school or consulting physician;
 
H. Established written emergency and safety procedures, including periodic fire drills whenever appropriate;
 
I. The unique up-to-date equipment necessary to the services provided;
 
J. A demonstrated commitment to work cooperatively with state public schools in an effort to meet the specific aspiration needs of Maine students; and
 
K. Scholarship assistance to the State's youth.
 
If approved by the commissioner to provide a special education program, a nonprofit institution, not otherwise approved under this subchapter, may operate as an approved nontraditional limited purpose school if, in addition to meeting the other requirements of this subsection, it demonstrates compliance with all requirements of chapters 301, 303 and 305 and applicable federal statutes and regulations prior to the enrollment of any special education student at public expense.
 
The commissioner shall promulgateadopt rules, pursuant to the Maine Administrative Procedure Act, Title 5, chapter 375, which shallmust incorporate the requirements set forth in this subsection.
 
2. Approval; report.   The commissioner shall base approval of a school under this section on the school's ability to meet the requirements set forth in subsection 1 and on an annual on-site review by the department. A nonprofit institution may not operate as an approved school prior to approval by the commissioner pursuant to subsection 1. The school shall submit to the department an annual report on its activities and compliance with this section.
 
3. Removal of basic approval.   Notwithstanding any other provision of law, the commissioner may remove approval from any nontraditional limited purpose school for failure to meet applicable approval requirements. Except as permitted under Title 5, section 10004, the commissioner shall give a school notice and opportunity for hearing before removing approval. The notice given and any hearing must conform to the requirements of Title 5, chapter 375, subchapter 4.
 
4. Ineligible for state subsidy.   A school eligible for approval under this section shallis not be eligible for state subsidy.
 
5. Credit.   High school credit for programs completed at a school approved under this section may be granted to students by the school in which they are enrolled full time. A school approved under this section may not award high school credit.
 
6. Taxation.   Notwithstanding any other provision of law, the commissioner's approval of an institution as a nontraditional, limited purpose school shalldoes not alter that institution's current status for the purpose of state or local taxation.
Sec. 2. 20-A MRSA §4502, sub-§5, as amended by PL 2009, c. 313, §2, is further amended to read:
 
5. Other requirements.   The state board and the commissioner shall jointly adopt basic school approval rules governing school administrative units and elementary and secondary schools. Beginning July 1, 2020, rules adopted by the state board and the commissioner pursuant to this subsection are major substantive rules as defined in Title 5, chapter 375, subchapter 2-A. These rules must set minimum requirements in the following areas, incorporating such requirements as are established by statute:
 
A. Instructional time, including a minimum school day and week;
 
B. Staffing, including student-teacher ratios that permit maximum student-teacher ratios of 25:1 school-wide for kindergarten to grade 8 and maximum student-teacher ratios of 30:1 school-wide for grades 9 to 12;
 
C. Physical facilities, incorporating the school construction rules of the state board;
 
D.  Requirements for equipment and libraries;
 
E. Minimum school size, but including recognition of geographically isolated schools;
 
F. Grade and program organization;
 
G. Assessment and evaluation of student performance;
 
H. Student personnel services, including guidance and counseling and, notwithstanding any rules adopted by the department, comprehensive guidance plans to be approved by the commissioner;
 
I. Records, record keeping and reporting requirements;
 
J. Health, sanitation and safety requirements, including compliance with section 6302;
 
K. School improvement;
 
L-1. A plan for training and development of all personnel that is aligned with the system of learning results as established in section 6209;
 
M. The use of time-out areas, administered in accordance with requirements adopted by the department and with this paragraph. The use of a time-out area is subject to the following:
 
(1) The time-out area must be well ventilated and sufficiently lighted. The time-out area may not be locked; and
 
(2) The time-out area must be designed to ensure the safety of the student so that the student is supervised by a professional staff member in the room or can be observed from outside of the time-out area and can be heard by a person supervising the time-out area;
 
N. Preparation of a written local policy and implementation of training for all unlicensed personnel who administer medication in accordance with the requirements under section 254, subsection 5;
 
O. Preparation of a written local policy and implementation of training for all guidance counselors and school personnel who administer reintegration planning pursuant to section 254, subsection 12, who participate in a reintegration team and who have access to confidential criminal justice information regarding juveniles pursuant to section 1055, subsection 12; and
 
P. Provision of family outreach and support programs designed to improve parent-school relations and parenting skills consistent with section 4252, subsection 8.; and
 
Q.  Response to intervention systems to ensure an all-encompassing, tiered system of support for general and special education students in accordance with section 4710.
Sec. 3. 20-A MRSA §4710, as enacted by PL 2009, c. 313, §10, is amended to read:
§ 4710.Kindergarten to grade 12 response to intervention; tiered system of support
By the school year that begins in the fall of 2012, all school administrative units shall develop and implement a system of interventionsresponse to intervention for kindergarten to grade 12 that provideprovides each student who is not progressing toward meeting the content standards of the parameters for essential instruction and graduation requirements with different learning experiences or assistance to achieve the standard. The interventionsresponse to intervention must be specific, timely and based upon ongoing formative assessments that continuously monitor student progress.
 
1.  Tiered system of support.     By the school year that begins in the fall of 2020, all school administrative units shall enhance and upgrade the system of response to intervention for kindergarten to grade 12 to become an all-encompassing, tiered system of support that provides each general and special education student who is not progressing toward meeting the content standards of the parameters for essential instruction and graduation requirements with different learning experiences or assistance to achieve the standards.
Sec. 4. Collaboration between general education and special education. The Department of Education shall facilitate a process to help schools apply for schoolwide status with respect to federal Title I funds in order to be able to use the funds for funding for the development of schoolwide programs designated under the federal Every Student Succeeds Act, 20 United States Code, Section 6315(a) and related regulations to support the continued and increased collaboration for comprehensive reform strategies to raise the achievement levels of all general education and special education students. The Department of Education, with input from state and local education policy experts and stakeholders, shall inform school administrative units about the potential advantages of applying for schoolwide status and the procedures for receiving Title I funds by including the program information on the department's publicly accessible website.
Sec. 5. Dual certification programs. The Department of Education and the State Board of Education shall address special education staffing shortages by reviewing the certification processes in order to reduce barriers to obtaining special education and related certifications, including, without limitation, certifications for special education teachers, reading and math specialists and paraprofessionals. The department and the state board shall collaborate with both state and local education policy makers to design and promote the use of dual certification programs at the university level whereby Maine students are able to graduate and obtain certification in both general and special education. The department and the state board shall investigate the opportunities for promoting dual certification programs and shall jointly report their feedback, findings and recommendations to the Joint Standing Committee on Education and Cultural Affairs no later than February 1, 2020. After receipt and review of the report, the committee may report out legislation regarding the establishment of dual certification programs to the Second Regular Session of the 129th Legislature.
Sec. 6. Recodification of the Maine Revised Statutes, Title 20-A, Part 4, subpart 1. The Office of Policy and Legal Analysis and the Office of the Revisor of Statutes, referred to in this section as "legislative staff," shall prepare a recodification of the Maine Revised Statutes, Title 20-A, Part 4, subpart 1, concerning special education, for introduction in the First Regular Session of the 130th Legislature. Legislative staff may consult with the Department of Education, the State Board of Education, the Department of Health and Human Services, the Office of the Attorney General and other interested parties in preparing the recodification.
Legislative staff shall submit the recodification under this section to the joint standing committee of the Legislature having jurisdiction over education and cultural affairs no later than January 15, 2021.
Sec. 7. Review of maintenance of effort allocation component. The Department of Education shall review the maintenance of effort funding component of the essential programs and services funding formula to determine the purpose of the funding, whether it is accomplishing this purpose, why some school administrative units' expenditures are consistent with the funding formula allocation model and some are not and how to increase the equity of special education allocations across all school administrative units. The department shall invite input from state and local stakeholders and policy makers. The department shall report its findings and recommendations, including any statutory changes, to the Joint Standing Committee on Education and Cultural Affairs not later than February 15, 2020. After review of the report, the committee may report out a bill related to increasing equity of special education allocations across all school administrative units.
Sec. 8. Review and improvement of MaineCare billing systems and procedures. The Department of Education shall collaborate with the Department of Health and Human Services to create a regional pilot program that uses a state agency navigator to provide seed money to school administrative units for MaineCare billing purposes for medically necessary services. In order to gather input from the regional pilot program's stakeholders, the departments shall establish a working group to review and address the problems in the current MaineCare billing systems and processes for medically necessary services including:
1. Improving the distribution of seed money to remove barriers for school administrative units to provide medically necessary services, particularly with respect to students sent to special purpose private schools;
2. Considering regional collaborative billing for public schools or for regional service centers that are beyond a billing center; and
3. Having a state agency navigator provide support for accessing funds for medically necessary services.
Following the conclusion of the regional pilot program, the Department of Education and the Department of Health and Human Services working group shall establish a time frame to implement policies and rules to improve the quality of MaineCare billing services and the reduction of risks and administrative burdens for school administrative units by fiscal year 2020-21. The departments shall jointly report their findings and recommendations to the joint standing committees of the Legislature having jurisdiction over education and cultural affairs and health and human services matters no later than January 15, 2021. After receipt and review of the report, the joint standing committees may report out legislation regarding the requirements for the MaineCare billing systems to the First Regular Session of the 130th Legislature.
 
SUMMARY
This bill makes the following changes to the laws governing special education.
1. It adds 4 provisions to the laws regarding nontraditional limited purpose schools that were part of Department of Education rule Chapter 250 which has been repealed.
2. It adds response to intervention systems to the minimum requirements for basic school approval to ensure an all-encompassing, tiered system of support for general and special education students. It also clarifies that rules regarding those requirements are major substantive rules.
3. It facilitates collaboration between general education and special education, including a clarification that the Department of Education is required to facilitate a process to help schools apply for schoolwide status with respect to federal Title I funds.
4. It promotes dual certification programs by the Department of Education and the State Board of Education.
5. It requires recodification of the Maine Revised Statutes, Title 20-A, Part 4, subpart 1, concerning special education, by the Office of Policy and Legal Analysis and the Office of the Revisor of Statutes.
6. It requires a review of the purpose of the maintenance of effort funding component of the essential programs and services funding formula and whether it is accomplishing this purpose and how to increase equity among all school administrative units.
7. It requires a review and improvement of MaineCare billing systems and procedures through a pilot program through the Department of Education in collaboration with the Department of Health and Human Services.