An Act To Require That the Pupil Evaluation Team Set Graduation Standards for Special Education Students
Maine Legislature, Session 122, LD 0783
Committee: Education and Cultural Affairs
Sponsors: MARLEY, MITCHELL, BARSTOW, DAVIS, HUTTON, MAREAN, NORTON, STEDMAN, TARDY
Amends: 20-A MRSA §7202

Legislative Document 
No. 783 
H.P.560 
House of Representatives, February 15,2005 
An Act To Require That the Pupil Evaluation Team Set Graduation 
Standards for Special Education Students 
(EMERGENCY) 
Reference to the Committee on Education and Cultural Affairs suggested and ordered 
printed. 
Presented by Representative MARLEY of Portland. 
Cosponsored by Senator MITCHELL of Kennebec and 
IY/~ 
1h·711dC~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: BARSTOW of Gorham, DAVIS of Falmouth, DUGA Y of Cherryfield, 
HUTTON of Bowdoinham, MAREAN of Hollis, NORTON of Bangor, STEDMAN of 
Hartland, TARDY of Newport. 
Printed on recycled paper 
Emergency preamble. Whereas, acts of the Legislature do not 
become effective until 90 days after adjournment unless enacted 
as emergencies; and 
Whereas, federal law provides that graduation requirements 
for special education students are governed by provisions of the 
student's individual education plan; and 
Whereas. current 
Department 
of 
Education 
rules 
contain 
conflicting provisions 
regarding 
the 
role 
of 
the 
individual 
education plan in determining specific graduation requirements 
for special education students; and 
Whereas, in the judgment of the Legislature, these facts 
create an emergency within the meaning of the Constitution of 
Maine 
and 
require 
the 
following 
legislation 
as 
immediately 
necessary for the preservation of the public peace, health and 
safety; now, therefore, 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 20-A MRSA §7202. sub-§9. as amended by PL 1989, c. 
857, §54, is further amended to read: 
9. 
Securing 
Advocacy 
Agency 
conducting studies 
parental 
for 
the 
pursuant 
permission. 
For the Protection and 
Developmentally 
Disabled 
in 
Maine 
to Title 22, chapter 961: 
A. 
Assist the agency in its studies; and 
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; aRa 
Sec. 2. 20-A MRSA §7202. sub-§10. 
857, §55 and amended by PL 2003, c. 
amended to read: 
as enacted by PL 1989, c. 
689, Pt. B, §6, is further 
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 
Page l-LR0124 (1) 
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 recordT 
j and 
Sec.3. 20-A MRSA §7202, sub-§l1 1S enacted to read: 
11. 
Graduation standards. 
Notwithstanding section 4722, 
section 
6202, 
section 
6202-A 
and 
rules 
adopted 
pursuant 
to 
section 6202-A, establish that graduation requirements for each 
exceptional 
student are governed 
by the student's individual 
education plan. 
Emergency clause. 
In view of the emergency cited in the 
preamble, this Act takes effect when approved. 
SUMMARY 
This bill reestablishes the role of the individual education 
plan 
as 
the 
controlling factor 
in determining 
the 
specific 
graduation requirements for special education students.