Sec. 25. 20-A MRSA §7209 is enacted to read:

§7209.__Transition; board of directors

1.__Department of Education.__During the period from July 1, 2006 to June 30, 2008, the department shall serve as the lead agency for the statewide system pursuant to 20 United States Code, Section 1435, including the identification and coordination of all available resources within the State for services to eligible children from birth to under 3 years of age, and shall exercise general supervisory authority over child find as provided in 20 United States Code, Section 1412 (a) (3) and the provision of a free, appropriate public education to children at least 3 years of age and under 6 years of age.__The commissioner or the commissioner's designee is responsible for:

A.__Developing and adopting rules necessary to carry out the provisions of the federal Individuals with Disabilities Education Act, Part B, Section 619 and Part C, 20 United States Code, Section 1400 et seq.;

B.__Ensuring legal and policy compliance throughout the early childhood special education program by reviewing or performing regular audits of program records; and

C.__Ensuring fiscal compliance throughout the early childhood special education program by reviewing or performing regular audits of program records.

2.__Early Childhood Special Education Board of Directors.__The Early Childhood Special Education Board of Directors, as established by Title 5, section 12004-C, subsection 8 and referred to in this section as "the board of directors," is established for the period from July 1, 2006 to June 30, 2008.

A.__The board of directors is appointed by the commissioner and consists of one member of the state board, 2 special education directors, 2 parents of children with disabilities from birth to 5 years of age and 2 representatives of the Department of Health and Human Services, including a representative of the MaineCare program.

B.__Members of the board of directors are entitled to compensation in accordance with the provisions of Title 5, chapter 379.