Sec. 8. Department of Human Services emergency rules; MaineCare reimbursement for free, appropriate public education services for eligible children of kindergarten age. The Department of Human Services shall engage in emergency rulemaking under the Maine Administrative Procedure Act in order to implement the continued payment and apportionment of state and federal MaineCare funds authorized in this Act on or before August 6, 2004. The Department of Human Services shall obtain any federal approval necessary to amend the state plan for the utilization of state and federal Medicaid funds for the state fiscal year 2004-05.

Sec. 9. Emergency major substantive rules; effective dates. The major substantive rules adopted pursuant to this Act must be presented by the Department of Education and the Department of Human Services for legislative review in the First Regular Session of the 122nd Legislature, except that the Commissioner of Education and the Commissioner of Human Services may adopt emergency rules pursuant to the Maine Revised Statutes, Title 5, section 8073 for fiscal year 2004-05. Notwithstanding Title 5, section 8073 the emergency rules adopted in accordance with section 8 and this section may be effective until the Legislature has completed review of the provisionally adopted rules submitted by the Department of Education and the Department of Human Services in the manner provided by Title 5, section 8072.

Sec. 10. Commissioner of Education plan to ensure greater equity of education opportunities and efficiency in use of state and federal resources for eligible children from 3 years of age to under 6 years of age who have disabilities. The Commissioner of Education shall develop and present a plan to ensure greater equity of education opportunities and greater efficiency in the use of early childhood education and preschool handicapped program resources, beginning no later than fiscal year 2005-06, for the continued implementation of free, appropriate public education services authorized in this Act for eligible children from 3 years of age to under 6 years of age who have a disability, pursuant to the Individuals with Disabilities Education Act, 20 United States Code, section 1400, et seq. In examining equity and efficiency in the use of state and federal resources for early childhood education and preschool handicapped programs, the commissioner shall take into consideration relevant factors, which may include, but are not limited to, data related to 5-year-old children in the general population who are eligible to enroll in kindergarten, child count, Medicaid eligibility rate and the reports of early childhood teams regarding the