Whereas, attempts have been made to change reimbursement to providers of child development services for the Department of Education; and

Whereas, if the changes are made, some providers will have to close; and

Whereas, if providers close, children might not receive necessary child development services; 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 enacted by the People of the State of Maine as follows:

Sec. 1. 20-A MRSA §7727, sub-§3 as amended by PL 2001, c. 510, §1, is further amended to read:

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 5 years of age and rules governing, that govern the eligibility for and delivery of free appropriate public education to children with disabilities from birth to 5 years of age and their families or that pertain to reimbursement to providers of services to children and families are major substantive rules as defined in Title 5, chapter 375, subchapter II-A 2-A.

Emergency clause. In view of the emergency cited in the preamble, this Act takes effect when approved.

SUMMARY

This bill requires that rules adopted by the Commissioner of Education pertaining to reimbursement to providers of services to children and families under the Maine Revised Statutes, Title 20- A, chapter 307-A be major substantive rules.