Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 4-A - PROCEDURAL RULE: EQUAL EDUCATIONAL OPPORTUNITY › Section 071-4-A-10 - POST-DETERMINATION CONCILIATION

Current through 2024-29, July 17, 2024
A. Conference,
				Conciliation and Persuasion
In conciliating a matter in which a determination of
				  reasonable grounds has been made pursuant to the non-emergency procedures of
				  section 4-A.0
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of this rule, the Commission shall attempt to achieve a just resolution and to
				  obtain assurances that the respondent will eliminate the unlawful educational
				  discrimination. Disposition of a matter pursuant to this section shall be in
				  the form of a written agreement and approved by a majority of the Commission,
				  and notice thereof shall be sent to the parties. Upon ascertainment by the
				  Commission's Executive Director or her/his designee that the terms of the
				  signed agreement have been met, the proceeding shall be dismissed.
B. Participation of Commissioner
				of Education
The Commission shall inform the Commissioner of Education
				  when it concludes that there exist reasonable grounds to believe that unlawful
				  educational discrimination has occurred in any public school or program or
				  private school or program approved for tuition purposes. The Commissioner may
				  participate in informal conciliation efforts of the Commission. Upon request,
				  the Commissioner shall have access to all information concerning conciliation
				  efforts.
The Commissioner of Education shall be notified, in her/his
				  capacity as the chief administrative officer of the educational institution, of
				  any allegations of unlawful educational discrimination in the Governor Baxter
				  School for the Deaf, the schools of the unorganized territory, and the State
				  vocational-technical institutes.
C. Refusal of Respondent to Cooperate
If a respondent fails or refuses to confer with the
				  Commission's representative, or fails or refuses to make a good faith effort to
				  resolve any dispute, the Commission may terminate efforts to conciliate the
				  dispute. In such event, the respondent shall be notified promptly, in writing,
				  that conciliation efforts have been terminated.
D. Refusal of Complainant to Agree
If a complainant fails or refuses to agree to the terms of a
				  conciliation agreement or settlement that the Commission believes represents a
				  just resolution of the complaint, the Commission may execute a conciliation
				  agreement with the respondent limited to assurances that the respondent will
				  eliminate such unlawful discrimination and take any appropriate corrective
				  action. The proceeding shall be dismissed upon ascertainment by the
				  Commission's Executive Director or her/his designee that the terms of the
				  signed agreement have been met. Where the complainant is not a party to such a
				  conciliation agreement, the execution of the agreement by the Commission and
				  the respondent shall not limit the complainant's right to pursue other
				  individual remedies.
E.
				Confidentiality of Conciliation Efforts.
Everything said or done as part of the Commission's informal
				  endeavors to eliminate unlawful educational discrimination by conference,
				  conciliation or persuasion is confidential and may not be disclosed without the
				  written consent of the parties or used as evidence in a subsequent civil or
				  criminal proceeding, except in a civil action alleging a breach of agreement
				  filed by the Commission or a party. Notwithstanding this provision, the
				  Commission and its employees have discretion to disclose such information to a
				  party as is reasonably necessary to facilitate conciliation.
F. Confidentiality of Third Party Names
Any Commission records that are public records pursuant to
				  the Freedom of Access Act shall be kept in such a manner that they do not
				  reveal the identity of any person who is not a party to a complaint as
				  complainant or a person accused of unlawful educational
				  discrimination.