An Act To ClarifY Special Education Reporting Requirements
Maine Legislature, Session 125, LD 0775
Committee Amendment CA_A_H492 (House)
Amends: 20-A MRSA §7207-D

COMMITTEE AMENDMENT "PI" to H.P. 582, L.D. 775, Bill, "An Act To 
ClarifY Special Education Reporting Requirements" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 20-A MRSA §7207-D is enacted to read: 
§7207-D. Reporting requirements 
1. 
Report of legal dispute. 
A school administrative unit or an intermediate 
educational unit, referred to in this section as a "unit," shall report to the commissioner 
when there is a legal dispute between a parent, surrogate parent or guardian of a child 
with a disability and the unit concerning a student's special education program. As used 
in this section, "legal dispute" means any circumstance in which a parent has filed a 
complaint concerning a student's special education program in accordance with 
department rules, has requested a due process hearing concerning a student's special 
education program in accordance with department rules, has requested stand-alone 
mediation concerning a student's special education program in accordance with 
department rules or has filed a complaint with the Office for Civil Rights in the United 
States Department of Education for discrimination on the basis of disability that is 
prohibited by the requirements of Section 504 of the federal Rehabilitation Act, 29 United 
States Code, Section 794 or with Title II of the federal Americans with Disabilities Act of 
1990,42 United States Code, Sections 12131 to 12165. The reports must: 
A. 
Identify the reporting unit. 
The reports may not provide any personally 
identifiable information about the student involved in the dispute; 
B. Identify any expenses the unit incurred for consultants or attorneys to resolve the 
dispute, including the purpose of the expense and the dollar amount paid to each 
party; and 
C. 
Identify the final resolution of the dispute, including the elements of any 
corrective action plans. 
An agreement negotiated to resolve a dispute may not 
contain a nondisclosure provision except one that is limited to the terms of the 
COMMITTEE AMENDMENT 
~. .,. 
COMMITTEE AMENDMENT" A" to H.P. 582, L.D. 775 
settlement agreement, that does not extend to more than 4 years in duration and in 
which the nondisclosure provision binds only the child's parents, guardians or 
surrogate parents. 
2. 
Report to Legislature. The commissioner shall track the reports submitted 
pursuant to subsection 1 by unit to identify any unusual patterns of disputes from one unit 
to another. The commissioner shall report annually to the joint standing committee of the 
Legislature having jurisdiction over education matters the number of disputes each unit 
has been involved in, the type of resolution of each dispute, the costs incurred to resolve 
each dispute and whether there are significant variations in the types of disputes in which 
the units are involved statewide. 
3. Information retained regarding dispute. A unit involved in a dispute under 
subsection 1 shall maintain a file on the dispute, including the costs incurred to settle the 
dispute and any expenses paid to the parties involved in the dispute. The file may not 
contain personally identifiable infonnation on the student involved in the dispute. The 
files must be available to the public upon request.' 
SUMMARY 
This amendment is the minority report of the Joint Standing Committee on Education 
and Cultural Affairs. 
The amendment defines "legal dispute" and requires that 
intennediate educational units, as well as school administrative units, report legal 
disputes between a parent, surrogate parent or guardian of a child with a disability and the 
respective intennediate educational unit or school administrative unit concerning a 
student's special education program to the Commissioner of Education. The amendment 
also removes the provisions of the bill that propose to: 
1. Require a school administrative unit to identify the nature of the dispute in its 
report to the Commissioner of Education; 
2. Identify the names of any individuals who are not in agreement with the school 
administrative unit's position in the dispute; and 
3. Direct the Commissioner of Education to refer a school administrative unit that is 
not in compliance with the reporting requirements proposed by the bill to the Attorney 
General to take appropriate action to bring the school administrative unit into compliance. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: OS/28/11 ft/ac.. 
LD775 
LR 847(02) 
An Act To Clarify Special Education Reporting Requirements 
Fiscal Note for Bill as Amended by Committee Amendment "n" 
Committee: Education and Cultural Affairs 
State Mandates 
Required Activity 
Fiscal Note Required: Yes 
Fiscal Note 
State Mandate - Unfunded 
Requires school administrative units to report legal disputes between a school 
administrative unit and a parent, surrogate parent or guardian of a child with a 
disability concerning a student's special education program to the Commissioner of 
Education and to maintain files on each dispute. 
U nit Affected 
School 
Local Cost 
Moderate 
statewide 
The required local activities in this bill may represent a State mandate pursuant to the Constitution of Maine. Unless 
General Fund appropriations are provided to fund at least 90% of the additional costs or a Mandate Preamble is 
amended to the bill and two-thirds of the members of each House vote to exempt this mandate from the funding 
requirement, municipalities may not be required to implement these changes. 
Fiscal Detail and Notes 
Additional cost to the Department of Education to track the information submitted and to submit the required report 
can be absorbed within existing budgeted resources. 
LR0847(02) - Fiscal Note - Page I of I