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
Maine Legislature, Session 129, LD 0464
Committee: Education and Cultural Affairs
Sponsors: PIERCE, MILLETT, DAUGHTRY, FARNSWORTH, HUBBELL, KORNFIELD, BREEN, POULIOT
Amends: 20-A MRSA §7207-B

Legislative Document
No. 464
H.P. 348
House of Representatives, January 29, 2019
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
Reference to the Committee on Education and Cultural Affairs suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative PIERCE of Falmouth.
Cosponsored by Senator MILLETT of Cumberland and
Representatives: DAUGHTRY of Brunswick, FARNSWORTH of Portland, HUBBELL of Bar 
Harbor, KORNFIELD of Bangor, McCREA of Fort Fairfield, Senators: BREEN of 
Cumberland, POULIOT of Kennebec, SANBORN, L. of Cumberland.
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 shall must 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.