Administrative Rule Review Report  #AR09-013

Legislative Service Office

16-Mar-09

AGENCY: Department of Health.

DATE SUBMITTED: February 19, 2009.

SUBJECT: Chapter 13, Early Intervention and Developmental

Preschool State Funding.

NATURE OF RULES:                     Legislative and procedural.

STATUTORY AUTHORITY:         W.S. 9-2-106(a)(vii), 21-2-706

DETERMINATION OF PROCEDURAL COMPLIANCE BASED UPON INFORMATION SUBMITTED BY THE AGENCY TO LSO:  Apparently complete to date.  Notice of the proposed adoption of new rules was provided by the LSO as required by W.S. 28-9-103(d).  No comments have been received to date.

SUMMARY OF RULES:  The Department of Health administers a program to provide pre-school services for children with developmental disabilities, W.S. 21-2-701 through 706.  W.S. 21-2-706, enacted in 2006 and amended in 2007, provides a statutory formula for payments to contract service providers and requires that contract payments be sufficient to pay salaries that are competitive with public school teacher salaries and to provide professional development training opportunities for contractors' teachers and therapists.  These rules implement W.S. 21-2-706  by:

· Defining relevant terms, including "child," "developmental disability," "developmental preschool services," "eligible children" and "special education"; and

· Expanding upon the statutory formula for calculation of contract payments.

FINDINGS:  The rules appear to be within the scope of statutory authority and legislative intent.

STAFF RECOMMENDATION:  That the rules be placed on the Consent List and be approved by the Council as submitted by the Agency.

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Gerald W. Laska

Staff Attorney

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Lynda G. Cook

Staff Attorney

GWL/