An Act To Permit Representation by Persons Other than Attorneys in Certain Hearings, Actions and Proceedings before the Department of Education
Maine Legislature, Session 125, LD 0325
Committee Amendment CA_A_H376 (House)

COMMITTEE AMENDMENT "A" to H.P. 258, L.D. 325, Bill, "An Act To Permit 
Representation by Persons Other than Attorneys in Certain Hearings, Actions and 
Proceedings before the Department of Education" 
Amend the bill by striking out the title and substituting the following: 
'Resolve, To Examine the Representation of Families by Nonattorney Advocates at 
Special Education Due Process Hearings' 
Amend the bill by striking out everything after the title and before the summary and 
inserting the following: 
'Sec. 1. 
Working group to review representation of families by 
nonattorney advocates at special education due process hearings. Resolved: 
That the Maine Developmental Disabilities Council, established by the Maine Revised 
Statutes, Title 5, section 12004-1. subsection 66 and refen·ed to in this resolve as "the 
council" shall convene a working group to examine the representation of families by 
nonattorney advocates at special education due process hearings. The working group 
shall: 
1. 
Specifically address the complex issue of representation of families by 
nonattorneyadvocates at special education due process hearings; and 
2. Develop recommendations for changes in current la\v, mles and policies related to 
representation of families by nonattorney advocates at special education due process 
hearings; and be it further 
Sec. 2. Working group membership. Resolved: That the council shall invite 
the participation of the following entities in the working group: 
1. Maine Parent Federation, rnc.; 
2. Maine Administrators of Services for Children with Disabilities; 
3. Maine Principals' Association; 
4. Disability Rights Center; 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to RP. 258, L.D. 325 
5. KIDS LEGAL, a statewide project of Pine Tree Legal Assistance; 
6. Learning Disabilities Association of Maine; 
7. Autism Society of Maine; 
8. Maine School Superintendents Association; 
9. Maine School Boards Association; 
10. Maine Council of School Attorneys; 
11. Department of Education; 
12. Maine Trial Lawyers Association; and 
13. Maine State Bar Association. 
Th~ council shall also invite the participation of one attorney in private practice who 
represents students with disabilities and one privately funded advocate who represents 
students with disabilities; and be it further 
Sec. 3. 
Convening of the working group; staff assistance; funding. 
Resolved: 
That the council shall provide the necessary resources to organize and 
support the work of the working group, including convening and providing any necessary 
staffing services for the working group; and be it further 
Sec. 4. Report. Resolved: That the council shall submit a report of the findings 
and recommendations of the working group, including any suggested legislation, to the 
Joint Standing Committee on Judiciary no later than January 31, 2012. Upon receipt of 
the report required by this section, the Joint Standing Committee on Judiciary may report 
out a bill during the Second Regular Session of the 125th Legislature to implement 
recommendations on matters relating to the report.' 
SUMMARY 
This amendment replaces the bill with a resolve directing the Maine Developmental 
Disabilities Council to convene a working group to study the issue of nonattorney 
advocates representing families at special education due process hearings. The working 
group shall report to the Joint Standing Committee on Judiciary by January 31, 2012. 
The committee may report out a bill to implement matters relating to the repoli. 
FISCAL NOTE REQVJRED 
(See Attached) 
COMMITTEE AMENDMENT 
Approved: 05/20111 frac 
LD325 
LR 173(02) 
An Act To Permit Representation by Persons Other than Attorneys in Certain Hearings, Actions and 
Proceedings before the Department of Education 
Fiscal Detail and Notes 
Fiscal Note for Bill as Amended by Committee Amendment 1;4" 
Committee: Judiciary 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor cost increase - Federal Expenditures Fund 
The additional costs to the Maine Developmental Disabilities Council and the Department of Education can be 
absorbed utilizing existing budgeted resources. 
LROl73(02) - Fiscal Note - Page I of 1