PLEASE NOTE: Legislative Information cannot perform research, provide legal advice, or interpret Maine law. For legal assistance, please contact a qualified attorney.
An Act To Change the Period To Request a Due Process Hearing for Costs Related to a Unilateral Private School Placement from a Public School
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 20-A MRSA §7207-B, sub-§1, as amended by PL 1999, c. 424, Pt. A, §§8 and 9, is further amended to read:
 
1. Rules.   The commissioner shall adopt rules governing the procedures for conducting due process hearings. The rules shallmust include:
 
A.  A maximum period within which a parent, surrogate parent, guardian or administrative unit may exercise the rights listed in subsection 2;
 
A-1.  The procedures for discovery, including rules for the production of documents by a parent, surrogate parent, guardian and school administrative unit;
 
B. A maximum time within which a final decision must be issued by the hearing officer;
 
C. The use of mediation;
 
D. The procedures for conducting the hearings; and
 
E. The procedures for determining the award of attorney's fees consistent with the requirements of the federal Individuals with Disabilities Education Act.
Sec. 2. 20-A MRSA §7207-B, sub-§2, as enacted by PL 1985, c. 318, §3, is amended to read:
 
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
 
B. Appeal the decision of the hearing officer to the Superior Court or to a United States District Court.
 
Notwithstanding any other limitation on the time frame for filing a request for a due process hearing, an action against a school administrative unit to recover the costs of a unilateral special education placement may be commenced by a parent, surrogate parent or guardian only by requesting a due process hearing pursuant to this section within 90 days of the unilateral special education placement. For the purposes of this subsection, "unilateral special education placement" means the unilateral placement of a student by a parent, surrogate parent or guardian in a private school.
 
SUMMARY
This bill removes a requirement that rules adopted by the Commissioner of Education governing due process hearings include a maximum period within which due process hearings and appeals may be requested. It provides that an action against a school administrative unit to recover the costs of a unilateral special education placement in a private school may be commenced only by requesting a due process hearing within 90 days of the placement. It also provides that rules adopted by the Commissioner of Education governing the procedures for conducting due process hearings must include procedures for discovery, including rules for the production of documents.