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USA Statutes : maine
Title : Title 20-A. EDUCATION
Chapter : Chapter 303. EXCEPTIONAL STUDENT
|
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Title 20-A - §7201. Policy and purpose
Title 20-A: EDUCATION
Part 4: SPECIFIC EDUCATION PROGRAMS
Subpart 1: SPECIAL EDUCATION
Chapter 303: EXCEPTIONAL STUDENT
Subchapter 1: GENERAL PROVISIONS
§7201. Policy and purpose
The policy of the State for the education of exceptional students is as follows.
[1981, c. 693, §§5,8 (new).]
1. Equal educational opportunities. All students shall be provided with equal educational opportunities and all school administrative units shall provide equal
educational opportunities for all exceptional students.
[1981, c. 693, §§5,8 (new).]
2. Least restrictive education alternative. An exceptional student shall be educated with students in regular programs to the maximum extent possible.
A. Educational opportunities for an exceptional student shall be provided by means of the addition of appropriate supportive
assistance to regular educational programs.
[1981, c. 693, §§5,8 (new).]
B. Removal of an exceptional student from the regular educational environment shall occur only if the nature or severity of
the exceptionality is such that the student's education cannot be satisfactorily accomplished in:
(1) Regular classes with the use of supplemental aids and services; or
(2) Self-contained classes within the regular school programs.
[1981, c. 693, §§5,8 (new).]
C. An exceptional student may be placed in a residential school or institution, or in a private day school or program, only
after supporting evaluative data justifying the placement have been submitted to and approved by the commissioner.
[1981, c. 693, §§5,8 (new).]
[1981, c. 693, §§5,8 (new).]
3. Deaf exceptional students. An exceptional student, diagnosed as deaf, shall be educated with regular students whenever possible and shall be educated
under the principle of the least restrictive educational alternative as set forth in state laws and rules and federal laws
and regulations.
[1981, c. 693, §§5,8 (new).]
4. Parent's right to be a member of the team. Parents, surrogate parents or guardians have the right to be a member of the team which will carry out duties and responsibilities
in accordance with rules established by the commissioner.
[1981, c. 693, §§5,8 (new).]
5. Blind students; Braille instruction. All students may receive instruction in Braille reading and writing as part of their individualized education plans. A
student may not be denied the opportunity of instruction in Braille reading and writing solely because the student has some
remaining vision. If Braille is not provided to a child who is blind, the reason for not incorporating Braille in the individualized
education plan must be documented in the individualized education plan.
[1991, c. 292, §2 (new).]
6. Participation in cocurricular activities. Eligibility for an exceptional student to participate in cocurricular activities may not be denied solely because the student
is enrolled in a reduced course load when the reduced course load is due to the student's exceptionality, provided that the
student is satisfactorily completing the requirements of the educational components of an individualized education plan and
is otherwise in compliance with the plan. If the student is not satisfactorily completing the educational components of an
individualized education plan or is not otherwise in compliance with the plan, the student's eligibility may be determined
in the same manner as the eligibility of a nonexceptional student who is not satisfying the applicable academic standards.
[1995, c. 95, §1 (new).]
Section History:
PL 1981,
Ch. 693,
§5,8
(NEW).
PL 1991,
Ch. 292,
§2
(AMD).
PL 1995,
Ch. 95,
§1
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 20-A - §7202. Duties of school administrative units
Title 20-A: EDUCATION
Part 4: SPECIFIC EDUCATION PROGRAMS
Subpart 1: SPECIAL EDUCATION
Chapter 303: EXCEPTIONAL STUDENT
Subchapter 1: GENERAL PROVISIONS
§7202. Duties of school administrative units
Each school administrative unit operating schools shall:
[1981, c. 693, §§5, 8 (new).]
1. Identification. Identify all children within its jurisdiction who require special education;
[1981, c. 693, §§5, 8 (new).]
2. Records. Make and keep current records of exceptional students, as required by rules established by the commissioner, and institute
procedures which guarantee the confidentiality of these records in accordance with state and federal law;
[1981, c. 693, §§5, 8 (new).]
2-A. Assist advocates for developmentally disabled. Assist the Protection and Advocacy Agency for the Developmentally Disabled in Maine in conducting an investigation, pursuant
to Title 22, section 3554, by providing access to relevant case records, notifying parents or guardians of these investigations
and by requesting parental consent for access to case records by the agency. Parents or guardians may refuse to consent to
the examination of these records;
[1983, c. 539, §1 (new).]
3. Diagnosis and evaluation. Provide educational diagnosis and evaluation necessary to plan and implement a special education program for exceptional
students within its jurisdiction;
[1981, c. 693, §§5, 8 (new).]
4. Plan. Submit a plan for its special education programs to the commissioner for approval in accordance with rules established by
the commissioner;
[1981, c. 693, §§5, 8 (new).]
5. Special education. Provide special education for each exceptional student within its jurisdiction;
[1981, c. 693, §§5, 8 (new).]
5-A. Diploma requirements. Award a high school diploma to each exceptional student who successfully meets the content standards of the system of learning
results, in addition to any other diploma requirements applicable to all secondary school students pursuant to section 4722,
as specified by the goals and objectives of the student's individualized education plan;
[2005, c. 446, §7 (new).]
6. Compliance. Provide the commissioner with the information the commissioner may require to determine compliance with this chapter;
[1983, c. 806, §63 (amd).]
7. Parent's right to be a member of the team. Notify in writing the exceptional student's parent, surrogate parent or guardian of their right to be a member of the team
and place a copy of the notice in the exceptional student's permanent records;
[1983, c. 327, §1 (amd).]
8. Facility construction, renovation and repair. Seek approval in advance from the commissioner for construction, renovation or repair, with or aided by public funds, of
facilities intended for the education of exceptional students, or give assurances that other facilities in the school administrative
unit are adequate to meet the needs of those students;
[1989, c. 857, §53 (amd).]
9. Securing parental permission. For the Protection and Advocacy Agency for the Developmentally Disabled in Maine conducting studies pursuant to Title 22,
chapter 961:
A. Assist the agency in its studies; and
[1983, c. 327, §2 (new).]
B. Facilitate access to relevant case records by:
(1) Notifying parents or guardians of the study; and
(2) Requesting parental consent for the agency to have access to case records; and
[1989, c. 857, §54 (amd).]
[1989, c. 857, §54 (amd).]
10. Department of Health and Human Services; authority to request convening of pupil evaluation team meeting. Notify in writing the individual designated by the Department of Health and Human Services that the Department of Health
and Human Services has the authority to request the school administrative unit to convene a pupil evaluation team meeting
and to attend and participate in any pupil evaluation team meetings concerning an exceptional student who is a state ward.
The written notice must indicate the time and place of the pupil evaluation team meeting and a copy of the notice must be
placed in the exceptional student's permanent record.
[1989, c. 857, §55 (new); 2003, c. 689, Pt. B, §6 (rev).]
Section History:
PL 1981,
Ch. 693,
§5,8
(NEW).
PL 1983,
Ch. 327,
§1,2
(AMD).
PL 1983,
Ch. 539,
§1
(AMD).
PL 1983,
Ch. 806,
§63
(AMD).
PL 1989,
Ch. 857,
§53-55
(AMD).
PL 2003,
Ch. 689,
§B6
(REV).
PL 2005,
Ch. 446,
§7
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 20-A - §7203. Medical examination or treatment
Title 20-A: EDUCATION
Part 4: SPECIFIC EDUCATION PROGRAMS
Subpart 1: SPECIAL EDUCATION
Chapter 303: EXCEPTIONAL STUDENT
Subchapter 1: GENERAL PROVISIONS
§7203. Medical examination or treatment
This chapter may not authorize or require physical examination or medical treatment of a child whose parent objects to it
on the grounds that the parent relies solely upon nonmedical remedial care and treatment in accordance with a recognized religious
method of healing.
[1981, c. 693, § § 5, 8 (new).]
Section History:
PL 1981,
Ch. 693,
§5,8
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 20-A - §7204. Duties of the commissioner
Title 20-A: EDUCATION
Part 4: SPECIFIC EDUCATION PROGRAMS
Subpart 1: SPECIAL EDUCATION
Chapter 303: EXCEPTIONAL STUDENT
Subchapter 1: GENERAL PROVISIONS
§7204. Duties of the commissioner
The commissioner:
[1981, c. 693, § § 5, 8 (new).]
1. Supportive services. Shall provide, or cause to be provided by administrative units operating schools, all supportive assistance and services,
as defined in rules the commissioner establishes, required by an exceptional student so that the student may benefit from
equal educational opportunities;
[1981, c. 693, § § 5, 8 (new).]
2. State plan. Shall make and annually review a state plan for education of all exceptional students in the State. The plan shall be available
to the public on request;
[1981, c. 693, § § 5, 8 (new).]
3. School year. May approve special education programs for:
A. The usual public school year as defined in section 4801, subsection 1;
[1981, c. 693, § § 5, 8 (new).]
B. An extended school year; or
[1981, c. 693, § § 5, 8 (new).]
C. Other periods the commissioner determines appropriate;
[1983, c. 806, § 64 (amd).]
[1983, c. 806, § 64 (amd).]
4. Program approval. Shall approve plans for all special education programs. The criteria for approval shall include:
A. Requirements for admission;
[1981, c. 693, § § 5, 8 (new).]
B. Qualification or certification of staff;
[1981, c. 693, § § 5, 8 (new).]
C. Plan of instruction;
[1981, c. 693, § § 5, 8 (new).]
D. Adequacy of facilities;
[1981, c. 693, § § 5, 8 (new).]
E. Adequacy of supportive services;
[1981, c. 693, § § 5, 8 (new).]
F. Professional supervision; and
[1981, c. 693, § § 5, 8 (new).]
G. Teacher-student ratio.
[1981, c. 693, § § 5, 8 (new).]
[1981, c. 693, § § 5, 8 (new).]
5. Due process. Shall:
A. Adopt or amend rules to assure and protect the rights of due process for exceptional students; and
[1981, c. 693, § § 5, 8 (new).]
B. Inform and train each school administrative unit on exceptional students' rights to due process under state laws and rules
and federal law and regulations; and
[1981, c. 693, § § 5, 8 (new).]
[1981, c. 693, § § 5, 8 (new).]
6. Technical assistance. May, on the request of a school administrative unit, provide technical assistance in the formulation of a plan or subsequent
report required of all administrative units. Assistance shall not be designed to transfer the responsibility for or actual
development of the plan or report.
[1981, c. 693, § § 5, 8 (new).]
Section History:
PL 1981,
Ch. 693,
§5,8
(NEW).
PL 1983,
Ch. 806,
§64
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 20-A - §7205. Review and assistance
Title 20-A: EDUCATION
Part 4: SPECIFIC EDUCATION PROGRAMS
Subpart 1: SPECIAL EDUCATION
Chapter 303: EXCEPTIONAL STUDENT
Subchapter 1: GENERAL PROVISIONS
§7205. Review and assistance
It is the intent of the Legislature that a representative of the commissioner visit each special education program at least
once every 5 years for the purpose of review and assistance. Nothing in this section prohibits a school administrative unit
from requesting that a representative of the commissioner visit a particular special education program for the purpose of
review and assistance whenever necessary. The commissioner shall comply with each request in a timely fashion.
[1987, c. 395, Pt. A, § 72 (amd).]
Section History:
PL 1981,
Ch. 693,
§5,8
(NEW).
PL 1987,
Ch. 395,
§A72
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 20-A - §7206. Investigation of noncompliance
Title 20-A: EDUCATION
Part 4: SPECIFIC EDUCATION PROGRAMS
Subpart 1: SPECIAL EDUCATION
Chapter 303: EXCEPTIONAL STUDENT
Subchapter 1: GENERAL PROVISIONS
§7206. Investigation of noncompliance
The following provisions apply to an investigation of noncompliance with this chapter.
[1981, c. 693, §§5, 8 (new).]
1. Complaint. An interested party may file with the commissioner a written complaint alleging that a school administrative unit or private
school serving exceptional students has failed to comply with this chapter. The complaint must allege a violation that occurred
not more than one year prior to the date that the complaint is received unless a longer period is reasonable because a violation
is continuing or the complaint is requesting compensatory services for a violation that occurred not more than 3 years prior
to the date the complaint is received.
[1999, c. 424, Pt. A, §5 (amd).]
1-A. Determination of jurisdiction.
[1993, c. 483, §1 (rp).]
1-B. Notification.
[1993, c. 483, §1 (rp).]
2. Investigation; written report. The commissioner shall initiate, and complete within 60 days, an investigation and a written report.
A.
[1993, c. 483, §2 (rp).]
B.
[1993, c. 483, §2 (rp).]
[1993, c. 483, §2 (amd).]
3. Post-investigation procedure.
[1993, c. 483, §3 (rp).]
4. Appeal.
[2005, c. 70, §1 (rp).]
5. Enforcement. If the unit fails to comply with the commissioner's order, the commissioner:
A. May withhold financial aid from the school administrative unit until it complies with the commissioner's order; and
[1983, c. 862, §60 (amd).]
B. Shall refer the matter to the Attorney General, who shall take appropriate action to bring the school administrative unit
into compliance.
[1981, c. 693, §§5, 8 (new).]
[1983, c. 862, §60 (amd).]
6. Additional remedies. The remedies provided in this section are in addition to any other remedy in law or equity.
[1981, c. 693, §§5, 8 (new).]
7. Complaint investigators; immunity. The State shall train complaint investigators. For the purposes of this section, while carrying out their official duties,
complaint investigators are considered state employees and are entitled to the immunity provided state employees under the
Maine Tort Claims Act.
[1999, c. 424, Pt. A, §7 (new).]
Section History:
PL 1981,
Ch. 693,
§5,8
(NEW).
PL 1983,
Ch. 130,
§1,2
(AMD).
PL 1983,
Ch. 806,
§65,66
(AMD).
PL 1983,
Ch. 862,
§60
(AMD).
PL 1989,
Ch. 69,
§1-4
(AMD).
PL 1993,
Ch. 483,
§1-4
(AMD).
PL 1999,
Ch. 424,
§A5-7
(AMD).
PL 2005,
Ch. 70,
§1
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 20-A - §7207-A. Surrogate parents
Title 20-A: EDUCATION
Part 4: SPECIFIC EDUCATION PROGRAMS
Subpart 1: SPECIAL EDUCATION
Chapter 303: EXCEPTIONAL STUDENT
Subchapter 1: GENERAL PROVISIONS
§7207-A. Surrogate parents
1. Rules. The commissioner shall adopt rules to determine when a surrogate parent is needed and the criteria for selection of a surrogate
parent.
[1989, c. 857, §56 (new).]
2. Objection to appointments. When an exceptional student is a state ward and the Department of Health and Human Services has notified the school administrative
unit and the Department of Education that the Department of Health and Human Services objects to the appointment of the foster
parent as the surrogate parent, the foster parent may not be automatically appointed to serve as surrogate parent for the
exceptional student. When an exceptional student is a state ward and the Department of Health and Human Services objects
to the appointment of the foster parent as the surrogate parent, the Department of Health and Human Services shall recommend
to the Department of Education an individual to serve as surrogate parent.
[1989, c. 700, Pt. B, §46 (amd); c. 857, §56 (new); 2003, c. 689, Pt. B, §6 (rev).]
Section History:
PL 1985,
Ch. 318,
§3
(NEW).
PL 1989,
Ch. 700,
§B46
(AMD).
PL 1989,
Ch. 857,
§56
(RPR).
PL 2003,
Ch. 689,
§B6
(REV).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 20-A - §7207-B. Due process hearings
Title 20-A: EDUCATION
Part 4: SPECIFIC EDUCATION PROGRAMS
Subpart 1: SPECIAL EDUCATION
Chapter 303: EXCEPTIONAL STUDENT
Subchapter 1: GENERAL PROVISIONS
§7207-B. Due process hearings
The following provisions apply to due process hearings.
[1985, c. 318, §3 (new).]
1. Rules. The commissioner shall adopt rules governing the procedures for conducting due process hearings. The rules shall include:
A. A maximum period within which a parent, surrogate parent, guardian or administrative unit may exercise the rights listed
in subsection 2;
[1985, c. 318, §3 (new).]
B. A maximum time within which a final decision must be issued by the hearing officer;
[1985, c. 318, §3 (new).]
C. The use of mediation;
[1999, c. 424, Pt. A, §8 (amd).]
D. The procedures for conducting the hearings; and
[1999, c. 424, Pt. A, §8 (amd).]
E. The procedures for determining the award of attorney's fees consistent with the requirements of the federal Individuals
with Disabilities Education Act.
[1999, c. 424, Pt. A, §9 (new).]
[1999, c. 424, Pt. A, §§8, 9 (amd).]
2. Request for hearing. The parent, surrogate parent, guardian or administrative unit may:
A. Request the commissioner to appoint an impartial hearing officer who shall conduct a hearing regarding the identification,
evaluation and educational program of the student and shall make findings of fact and issue a decision; and
[1985, c. 318, §3 (new).]
B. Appeal the decision of the hearing officer to the Superior Court or to a United States District Court.
[1985, c. 318, §3 (new).]
[1985, c. 318, §3 (new).]
3. Subpoenas. The commissioner may issue subpoenas in the name of the department to require the attendance and testimony of the witnesses
and the production of any evidence relating to any issue or fact in the due process hearing as requested by any party to the
hearing. Any fees for attendance and travel required by the witnesses shall be the responsibility of the party seeking the
subpoena. The issuance of subpoenas shall conform in all other ways to the requirements of the Maine Administrative Procedure
Act, Title 5, chapter 375, subchapter IV.
[1989, c. 502, Pt. A, §56 (amd).]
3-A. Notice to local school units. Prior to filing a request for investigation of noncompliance pursuant to section 7206 or for a due process hearing pursuant
to this section, the parent, surrogate parent or guardian first shall attempt to resolve the controversy through discussions
with the local school administrative unit. The parent, surrogate parent or guardian is barred from recovering attorney's
fees in any subsequent action or proceeding if it is determined that the parent, surrogate parent or guardian unreasonably
protracted the controversy by failing to raise that controversy first with the local school administrative unit before initiating
the subsequent action or proceeding.
[1997, c. 441, §1 (new).]
4. Hearing officers, immunity. The State shall train impartial hearing officers. For purposes of the Maine Tort Claims Act only, Title 14, chapter 741,
hearing officers, while they are carrying out their official duties as hearing officers, shall be considered state employees
and shall be entitled to the immunity provided state employees under the Maine Tort Claims Act.
[1985, c. 797, §41 (amd).]
Section History:
PL 1985,
Ch. 318,
§3
(NEW).
PL 1985,
Ch. 797,
§41
(AMD).
PL 1989,
Ch. 502,
§A56
(AMD).
PL 1997,
Ch. 441,
§1
(AMD).
PL 1999,
Ch. 424,
§A8,9
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 20-A - §7207-C. Mediations
Title 20-A: EDUCATION
Part 4: SPECIFIC EDUCATION PROGRAMS
Subpart 1: SPECIAL EDUCATION
Chapter 303: EXCEPTIONAL STUDENT
Subchapter 1: GENERAL PROVISIONS
§7207-C. Mediations
The following provisions apply to mediations.
[1999, c. 424, Pt. A, §10 (new).]
1. Rules. The commissioner shall adopt rules governing the procedures for conducting mediations. Rules adopted pursuant to this section
are routine technical rules as defined in Title 5, chapter 375, subchapter II-A.
[1999, c. 424, Pt. A, §10 (new).]
2. Request for mediation. A parent, surrogate parent, guardian or school administrative unit may request the appointment of a mediator to conduct
a mediation to resolve a dispute between the parent, surrogate parent or guardian and the school.
[1999, c. 424, Pt. A, §10 (new).]
3. Mediators; immunity. The State shall train impartial mediators. For the purposes of this section, while carrying out their official duties,
mediators are considered state employees and are entitled to the immunity provided state employees under the Maine Tort Claims
Act.
[1999, c. 424, Pt. A, §10 (new).]
Section History:
PL 1999,
Ch. 424,
§A10
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 20-A - §7207. Hearing procedures (REPEALED)
Title 20-A: EDUCATION
Part 4: SPECIFIC EDUCATION PROGRAMS
Subpart 1: SPECIAL EDUCATION
Chapter 303: EXCEPTIONAL STUDENT
Subchapter 1: GENERAL PROVISIONS
§7207. Hearing procedures (REPEALED)
Section History:
PL 1981,
Ch. 693,
§5,8
(NEW).
PL 1985,
Ch. 318,
§2
(RP ).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 20-A - §7208. Savings provision
Title 20-A: EDUCATION
Part 4: SPECIFIC EDUCATION PROGRAMS
Subpart 1: SPECIAL EDUCATION
Chapter 303: EXCEPTIONAL STUDENT
Subchapter 1: GENERAL PROVISIONS
§7208. Savings provision
Nothing contained in this chapter shall be construed to prevent or impair the administration or enforcement of any other law
of the State.
[1981, c. 693, § § 5, 8 (new).]
Section History:
PL 1981,
Ch. 693,
§5,8
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 20-A - §7251-A. Local special education services
Title 20-A: EDUCATION
Part 4: SPECIFIC EDUCATION PROGRAMS
Subpart 1: SPECIAL EDUCATION
Chapter 303: EXCEPTIONAL STUDENT
Subchapter 2: PROGRAMS
§7251-A. Local special education services
A school administrative unit may offer or contract for special education services.
[1987, c. 395, Pt. A, § 74 (new).]
Section History:
PL 1987,
Ch. 395,
§A74
(NEW).
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interpretation of Maine law to the public. If you need legal
advice, please consult
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Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 20-A - §7251. Local special education programs
Title 20-A: EDUCATION
Part 4: SPECIFIC EDUCATION PROGRAMS
Subpart 1: SPECIAL EDUCATION
Chapter 303: EXCEPTIONAL STUDENT
Subchapter 2: PROGRAMS
§7251. Local special education programs
A school administrative unit may establish an appropriate special education program.
[1987, c. 395, Pt. A, § 73 (amd).]
Section History:
PL 1981,
Ch. 693,
§5,8
(NEW).
PL 1987,
Ch. 395,
§A73
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
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Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 20-A - §7252-A. Special education programs; approval
Title 20-A: EDUCATION
Part 4: SPECIFIC EDUCATION PROGRAMS
Subpart 1: SPECIAL EDUCATION
Chapter 303: EXCEPTIONAL STUDENT
Subchapter 2: PROGRAMS
§7252-A. Special education programs; approval
Special education programs may be established for the delivery of special education services to exceptional students in accordance
with section 7204, subsection 4. A special education program may be offered by a school administrative unit, an approved private
school or a state licensed agency. All special education programs offered by approved private schools or state licensed agencies
shall:
[1987, c. 395, Pt. A, § 76 (new).]
1. Supervision. Be provided under the supervision of the school administrative unit responsible for the education of the exceptional student
enrolled in the program;
[1987, c. 395, Pt. A, § 76 (new).]
2. Description. Be described in a master contractual agreement between the agency or private school and the commissioner; and
[1987, c. 395, Pt. A, § 76 (new).]
3. Approval. Be approved in advance of the enrollment of any exceptional student.
[1987, c. 395, Pt. A, § 76 (new).]
Section History:
PL 1987,
Ch. 395,
§A76
(NEW).
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interpretation of Maine law to the public. If you need legal
advice, please consult
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Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 20-A - §7252-B. Special education services; approval
Title 20-A: EDUCATION
Part 4: SPECIFIC EDUCATION PROGRAMS
Subpart 1: SPECIAL EDUCATION
Chapter 303: EXCEPTIONAL STUDENT
Subchapter 2: PROGRAMS
§7252-B. Special education services; approval
The commissioner shall adopt or amend rules to define allowable special education services and the qualifications of individuals
who provide special education services. Each school administrative unit, approved private school or licensed state agency
providing special education services shall submit a report at such time and in such form as the commissioner may require.
[1987, c. 395, Pt. A, § 76 (new).]
Section History:
PL 1987,
Ch. 395,
§A76
(NEW).
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interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 20-A - §7252. Contractual programs; approval (REPEALED)
Title 20-A: EDUCATION
Part 4: SPECIFIC EDUCATION PROGRAMS
Subpart 1: SPECIAL EDUCATION
Chapter 303: EXCEPTIONAL STUDENT
Subchapter 2: PROGRAMS
§7252. Contractual programs; approval (REPEALED)
Section History:
PL 1981,
Ch. 693,
§5,8
(NEW).
PL 1987,
Ch. 395,
§A75
(RP ).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 20-A - §7253. Regional programs; approval
Title 20-A: EDUCATION
Part 4: SPECIFIC EDUCATION PROGRAMS
Subpart 1: SPECIAL EDUCATION
Chapter 303: EXCEPTIONAL STUDENT
Subchapter 2: PROGRAMS
§7253. Regional programs; approval
Two or more school administrative units may enter into cooperative agreement to provide regional special education programs
and support services.
[1981, c. 693, § § 5, 8 (new) .]
1. General criteria. Programs and services established through this agreement shall meet the requirements set forth in section 7204, subsection
4.
[1981, c. 693, § § 5, 8 (new) .]
2. Special provisions. A program shall specify that:
A. One of the school administrative units shall serve as fiscal agent;
[1981, c. 693, § § 5, 8 (new) .]
B. No requirement exists for separate budget approval and taxation; and
[1981, c. 693, § § 5, 8 (new) .]
C. School construction may not be proposed for special education purposes.
[1981, c. 693, § § 5, 8 (new) .]
[1981, c. 693, § § 5, 8 (new) .]
3. Plan. A plan for a regional program shall be subject to approval by the commissioner prior to its implementation. The plan shall
specify:
A. The objectives and functions to be performed by the regional program;
[1981, c. 693, § § 5, 8 (new) .]
B. The method of fiscal operation and cost sharing;
[1981, c. 693, § § 5, 8 (new) .]
C. The method of entering into and withdrawing from the agreement;
[1981, c. 693, § § 5, 8 (new) .]
D. The method of administering the regional program;
[1981, c. 693, § § 5, 8 (new) .]
E. The method of involving parent and community participation; and
[1981, c. 693, § § 5, 8 (new) .]
F. The school administrative unit that shall act as fiscal agent for the regional program.
[1981, c. 693, § § 5, 8 (new) .]
[1981, c. 693, § § 5, 8 (new) .]
4. Funding. The regional program shall be supported by funds included in the special education appropriations of each of the member
school administrative units.
[1981, c. 693, § § 5, 8 (new) .]
Section History:
PL 1981,
Ch. 693,
§5,8
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 20-A - §7254. Contractual programs for nonresident children
Title 20-A: EDUCATION
Part 4: SPECIFIC EDUCATION PROGRAMS
Subpart 1: SPECIAL EDUCATION
Chapter 303: EXCEPTIONAL STUDENT
Subchapter 2: PROGRAMS
§7254. Contractual programs for nonresident children
Another state, subdivision or private person, firm or agency may contract with a private school in this State to provide special
education for children who are not residents of this State. A program for these nonresident children shall be subject to
approval by the commissioner only with respect to the requirements of section 7204, subsection 4.
[1981, c. 693, § § 5, 8 (new).]
Section History:
PL 1981,
Ch. 693,
§5,8
(NEW).
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interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 20-A - §7255. Other programs
Title 20-A: EDUCATION
Part 4: SPECIFIC EDUCATION PROGRAMS
Subpart 1: SPECIAL EDUCATION
Chapter 303: EXCEPTIONAL STUDENT
Subchapter 2: PROGRAMS
§7255. Other programs
In addition to, or in place of, those methods listed in this chapter, a school administrative unit may make other provisions,
subject to approval in advance by the commissioner, to ensure the education of all exceptional students.
[1981, c. 693, § § 5, 8 (new).]
Section History:
PL 1981,
Ch. 693,
§5,8
(NEW).
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interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 20-A - §7256. State licensed agencies
Title 20-A: EDUCATION
Part 4: SPECIFIC EDUCATION PROGRAMS
Subpart 1: SPECIAL EDUCATION
Chapter 303: EXCEPTIONAL STUDENT
Subchapter 2: PROGRAMS
§7256. State licensed agencies
A special education facility may be operated in conjunction with or as a part of a state licensed agency.
[1981, c. 693, § § 5, 8 (new).]
Section History:
PL 1981,
Ch. 693,
§5,8
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 20-A - §7257. General supervision
Title 20-A: EDUCATION
Part 4: SPECIFIC EDUCATION PROGRAMS
Subpart 1: SPECIAL EDUCATION
Chapter 303: EXCEPTIONAL STUDENT
Subchapter 2: PROGRAMS
§7257. General supervision
All educational programs for exceptional students within the State, including all such programs administered by any other
state or local agency, will be under the general supervision of the commissioner.
[1983, c. 64 (new).]
Section History:
PL 1983,
Ch. 64,
§
(NEW).
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interpretation of Maine law to the public. If you need legal
advice, please consult
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Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 20-A - §7258. Transition to adult services
Title 20-A: EDUCATION
Part 4: SPECIFIC EDUCATION PROGRAMS
Subpart 1: SPECIAL EDUCATION
Chapter 303: EXCEPTIONAL STUDENT
Subchapter 2: PROGRAMS
§7258. Transition to adult services
1. Attendance at pupil evaluation team meetings. Annually, representatives from appropriate state service agencies, as determined by the pupil evaluation team of the school
administrative unit, and in accordance with special education rules, shall designate a transition contact person to participate
in transition planning for students with disabilities. The transition contact person shall attend pupil evaluation team meetings
or provide relevant information to the pupil evaluation team for transition planning purposes. This requirement applies to
students with disabilities who have attained 16 years of age, or 14 years of age when determined by the pupil evaluation team
to be appropriate.
[1997, c. 345, §1 (new).]
1-A. Care manager. Within 2 years before the date that a student with mental retardation, serious emotional disturbance or other developmental
disabilities will graduate or finish school, the Department of Health and Human Services, in consultation with the pupil evaluation
team of the school administrative unit, shall designate a case manager to participate in transition planning for that student.
The case manager shall convene an adult services transition team, ensure interagency coordination and access to adult services,
serve as a single contact person for the student transitioning into the adult services and attend pupil evaluation team meetings
or provide relevant information to the pupil evaluation team for transition planning purposes.
[1997, c. 778, §1 (new); 2001, c. 354, §3 (amd); 2003, c. 689, Pt. B, §6 (rev).]
1-B. Annual report. Beginning January 1, 1999 and annually thereafter, the department, in conjunction with the Department of Health and Human
Services, shall report to the joint standing committee of the Legislature having jurisdiction over health and human services
matters and to the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs
regarding transition planning for the adult services system and the number of persons 16 years of age or older on waiting
lists for services for persons with autism or mental retardation provided by or under the authority of the department and
the Department of Health and Human Services.
[1997, c. 778, §1 (new); 2001, c. 354, §3 (amd); 2003, c. 689, Pt. B, §6 (rev).]
2. Documentation. Annually, the transition planning team shall complete documentation that estimates the amount and type of anticipated services
the pupil will require upon aging out or graduation and submit this annual documentation to the Department of Education.
The department shall transmit the data to the appropriate state service agency.
[1997, c. 345, §1 (new).]
3. Budget. State service agencies shall show evidence of having used the documentation completed pursuant to subsection 2 to develop
their biennial budget beginning with the biennium ending June 30, 1999.
[1997, c. 345, §1 (new).]
Section History:
PL 1997,
Ch. 345,
§1
(NEW).
PL 1997,
Ch. 778,
§1
(AMD).
PL 2001,
Ch. 354,
§3
(AMD).
PL 2003,
Ch. 689,
§B6
(REV).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
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Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 20-A - §7301. State aid
Title 20-A: EDUCATION
Part 4: SPECIFIC EDUCATION PROGRAMS
Subpart 1: SPECIAL EDUCATION
Chapter 303: EXCEPTIONAL STUDENT
Subchapter 3: FINANCES
§7301. State aid
1. State aid. The State shall provide financial aid to school administrative units for special education programs.
[1981, c. 693, § § 5, 8 (new).]
2. Contributions. The commissioner may receive contributions and donations to be used with appropriations to carry out this chapter.
[1981, c. 693, § § 5, 8 (new).]
Section History:
PL 1981,
Ch. 693,
§5,8
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
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Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 20-A - §7302. Tuition rates
Title 20-A: EDUCATION
Part 4: SPECIFIC EDUCATION PROGRAMS
Subpart 1: SPECIAL EDUCATION
Chapter 303: EXCEPTIONAL STUDENT
Subchapter 3: FINANCES
§7302. Tuition rates
Tuition rates for school administrative units, private special education programs, private general purpose facilities and
nonresident children shall be as follows.
[1981, c. 693, §§5, 8 (new).]
1. School administrative units. A school administrative unit operating a full-time special education program and accepting students on a tuition basis shall
compute a tuition rate. The tuition rate shall not exceed the actual per student cost incurred in operation of the special
education program. The commissioner shall adopt or amend rules to define allowable expenditures used to determine the per
student cost.
[1981, c. 693, §§5, 8 (new).]
2. Private special education facilities; private general purpose agencies. Private agencies that operate facilities that exclusively serve exceptional students and private general purpose agencies
that receive state aid for special education programs shall comply with the following in computing tuition rates.
A. All tuition rates are subject to approval by the commissioner.
[2005, c. 153, §6 (amd).]
B. The tuition rates may not exceed the actual per student cost incurred in the operation during the preceding school year.
[2005, c. 153, §6 (amd).]
C. The commissioner shall adopt or amend rules to define allowable expenditures used to determine per student costs.
[1981, c. 693, §§5, 8 (new).]
D. An agency shall file an annual financial report detailing the allowable expenditures and the computation of the tuition
rate at such time and in the form the commissioner may require.
[1983, c. 278, §2 (amd).]
E. Increases in the tuition rate from one year to the next may not exceed the tuition rate established through negotiation
unless evidence is presented to the commissioner that a hardship will exist if a higher rate of increase is not approved,
and this evidence is determined sufficient by the commissioner.
[2005, c. 153, §6 (amd).]
F. The commissioner shall establish a tuition rate for new special education programs in special purpose private schools and
private general purpose agencies based on the estimated allowable costs of these schools.
[2005, c. 153, §6 (amd).]
[2005, c. 153, §6 (amd).]
3. Private general purpose facilities.
[2005, c. 153, §7 (rp).]
4. Exempted private agencies. This section shall not apply to and the commissioner shall have no authority over tuition rates charged for special education
programs by private agencies where the tuition is not paid, reimbursed or otherwise funded in whole or in part by this State.
[1981, c. 693, §§5, 8 (new).]
Section History:
PL 1981,
Ch. 693,
§5,8
(NEW).
PL 1983,
Ch. 278,
§2
(AMD).
PL 1997,
Ch. 736,
§1
(AMD).
PL 2005,
Ch. 153,
§6,7
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
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