An Act To Strengthen the Individualized Education Program Process
Maine Legislature, Session 130, LD 0552
Committee: Education and Cultural Affairs
Sponsors: MILLETT, CRAVEN, CROCKETT, DODGE, WILLIAMS, RAFFERTY
Amends: 20-A MRSA §7202

Legislative Document
No. 552
H.P. 397
House of Representatives, February 24, 2021
An Act To Strengthen the Individualized Education Program 
Process
Received by the Clerk of the House on February 22, 2021.  Referred to the Committee on 
Education and Cultural Affairs pursuant to Joint Rule 308.2 and ordered printed pursuant to 
Joint Rule 401.
ROBERT B. HUNT
Clerk
Presented by Representative MILLETT of Cape Elizabeth.
Cosponsored by Representatives: CRAVEN of Lewiston, CROCKETT of Portland, DODGE 
of Belfast, McCREA of Fort Fairfield, WILLIAMS of Bar Harbor, Senator: RAFFERTY of 
York.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  20-A MRSA §7202, sub-§11, as corrected by RR 2011, c. 1, §28, is 
amended to read:
11.  Transitional services for students with disabilities.  Plan, coordinate and 
implement services for students with disabilities who are in transition from school to 
community in accordance with rules adopted by the department.  Rules adopted pursuant 
to this subsection are major substantive rules as defined in Title 5, chapter 375, subchapter 
2‑A; and
Sec. 2.  20-A MRSA §7202, sub-§12, as reallocated by RR 2011, c. 1, §29, is 
amended to read:
12.  Attorney's presence at team meeting.  Provide that the school administrative unit 
may not have an attorney present at an individualized education program team meeting 
unless the school administrative unit has provided the parents of a child with a disability at 
least 7 days' written notice prior to the individualized education program team meeting that 
the school administrative unit will have an attorney present at the individualized education 
program team meeting.  If the parent of a child with a disability has an attorney present at 
the individualized education program team meeting, the school administrative unit may 
have an attorney present without providing prior written notice.;
Sec. 3.  20-A MRSA §7202, sub-§13 is enacted to read:
13.  Changes to individualized education program.  Require that changes to the 
individualized education program be made by consensus of the individualized education 
program team.  If a team is unable to reach consensus on proposed changes to an 
individualized education program, the individualized education program in effect at the 
time of the proposed change remains in effect.  If a team member seeks to pursue a change 
that is not agreed to by consensus by the team, that team member is responsible for 
requesting mediation under 7206-C, as appropriate, or initiating other available dispute 
resolution procedures; and
Sec. 4.  20-A MRSA §7202, sub-§14 is enacted to read:
14.  Special education services providers; presence at team meeting.  Require an 
individualized education program team to allow an individual who provides special 
education services to a child with a disability and has regular, direct contact with that child 
to attend and participate in an individualized education program team meeting concerning 
the child upon the request of that individual or a member of the individualized education 
program team.
Sec. 5.  Rulemaking.  No later than January 1, 2022, the Commissioner of Education 
shall submit to the Legislature proposed changes to Department of Education rule Chapter 
101, Maine Unified Special Education Regulation Birth to Age Twenty, a major 
substantive rule adopted pursuant to the Maine Revised Statutes, Title 20-A, section 7005, 
to bring the rule into conformance with this Act.
SUMMARY
This bill requires that changes to the individualized education program for a child with 
a disability be made by consensus of the individualized education program team.  The bill 
also requires that the individualized education program team allow a person who provides 
special education services to a child with a disability through regular and direct contact to 
participate in a team meeting concerning that child upon the request of the individual or the 
request of a member of the team.  Finally, the bill requires the Commissioner of Education 
to submit proposed changes to the rules governing special education to the Legislature by 
January 1, 2022 to amend the rules to conform with the provisions of the bill.