An Act to Extend the Use of Emotional Disability as an Indicator in the Identification of Exceptional Children
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 20-A MRSA §7001, sub-§2, ¶C, as amended by PL 1999, c. 424, Pt. A, §2, is further amended to read:
C. Requires special education because of one or more of the following:
(1) Visual impairments, including blindness;
(2) Hearing impairments, including deafness;
(3) Speech and language impairments;
(4) Specific learning disabilities;
(5) Orthopedic impairments;
(6) Emotional disability. This subparagraph is repealed June 30, 2000;
(6-A) Emotional disability. This subparagraph is repealed June 30, 2002;
(7) Mental retardation;
(8) Autism;
(9) Traumatic brain injury;
(10) Other health impairment;
(11) Deafness and blindness; or
(12) Multiple disabilities.
Sec. 2. 20-A MRSA §7001, sub-§4, ¶C, as amended by PL 1999, c. 424, Pt. A, §4, is further amended to read:
C. Requires special services because of one or more of the following:
(1) Visual impairments, including blindness;
(2) Hearing impairments, including deafness;
(3) Speech and language impairments;
(4) Specific learning disabilities;
(5) Orthopedic impairments;
(6) Emotional disability. This subparagraph is repealed June 30, 2000;
(6-A) Emotional disability. This subparagraph is repealed June 30, 2002;
(7) Mental retardation;
(8) Autism;
(9) Traumatic brain injury;
(10) Other health impairment;
(11) Deafness and blindness; or
(12) Multiple disabilities.
Sec. 3. Study of use of emotional, behavioral and developmental delay categories in identification of exceptional students and preschool handicapped children. The Department of Education shall study and compare the rate of identification of exceptional students and preschool handicapped children using emotional and behavioral indicators among school units within the State and between the State and other states. The department shall analyze the use of emotional and behavioral indicators within the State to identify inconsistencies and instances of over-identification and under-identification. The department shall also study the appropriateness and likely impact of including developmental delay for children from 5 to 9 years of age and from birth to 5 years of age as a component in the definitions of "exceptional student" and "preschool handicapped child" in the Maine Revised Statutes, Title 20-A, section 7001. The department shall issue an interim report on the status of its study to the joint standing committee of the Legislature having jurisdiction over education matters no later than March 1, 2001. The department shall issue its final report, including findings and recommendations, to the joint standing committee of the Legislature having jurisdiction over education matters no later than February 1, 2002. The committee may introduce legislation concerning the use of emotional, behavioral and developmental delay categories in the identification of exceptional students and preschool handicapped children to the Second Regular Session of the 120th Legislature.
Sec. 4. Retroactivity. Those sections of this Act that enact the Maine Revised Statutes, Title 20-A, section 7001, subsection 2, paragraph C, subparagraph 6-A and subsection 4, paragraph C, subparagraph 6-A take effect retroactively to June 30, 2000.
Effective August 11, 2000, unless otherwise indicated.
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