Sec. 1. 20-A MRSA §7727, sub-§7 is enacted to read:

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.

Sec. 2. 20-A MRSA §7731, sub-§2, as amended by PL 1999, c. 296, §6, is further amended to read:

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;

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

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;.

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;

FISCAL NOTE

The Department of Education will incur some minor additional costs to perform annual fiscal and compliance audits of the regional sites in the Child Development Services System and review decisions to hire site staff. These costs can be absorbed within the department's existing budgeted resources.