the development of each child being served for the duration of the child's eligibility. [34 CFR 303.23(a)(1) - (3)] 37. Special Education. Special education means specially designed instruction, at no cost to parents, to meet the unique needs of a child with a disability, including instruction conducted in the classroom, in the home, in hospitals and institutions, and in other settings; and instruction in physical education. Special education includes each of the following if the services otherwise meet the requirements of the first paragraph: speech-language pathology services, travel training, and vocational education. [34 CFR 300.39(a)] Special education does not include general education procedures that are a part of formal general education intervention as elsewhere referenced in these rules. 38. Special Instruction. Special instruction for children B-2 means instruction that includes: A. The design of learning environments and activities that promote the child’s acquisition of skills in a variety of developmental areas, including cognitive processes and social interaction; B. Curriculum planning, including the planned interaction of personnel, materials, and time and space, that leads to achieving the outcomes in the child’s individualized family service plan; C. Providing families with information, skills, and support related to enhancing the skill development of the child; and D. Working with the child to enhance the child’s development. [34 CFR 303.12(a)(13)] 39. Special Purpose Service. Special purpose service means a public or private program which is established specifically to serve children with disabilities and/or developmental delays. 40. State Agency Client. State agency client means a child of eligible school age who is: A. In the care or custody, or both, of the Department of Health and Human Services; B. Placed by a caseworker from the Department of Health and Human Services or an authorized agent of Children's Behavioral Health Services, Department of Health and Human Services, for reasons other than educational reasons, with a person who is not the child's parent, legal guardian or relative; C. Attending a public or private school while still a resident of a institution; or operated
IFSP, to the extent appropriate and consistent with 34 CFR 303.345. [34 CFR 303.310] F. Records of Referral and Post-referral Procedures B-2. For any child who is referred, documentation in that child's cumulative record file shall specify: (1) The date, the regional site, and the person who coordinated the referral and post-referral procedures; (2) A description or example of the post-referral activities, procedures, forms, or instruments used; and (3) The results of the referral and post-referral procedures, including any recommendations and/or referrals to the IFSP Team. When the results of an individual’s post-referral procedures do not indicate a possible need for early intervention, a notation shall be entered in the child’s cumulative record file documenting the post-referral procedures, the date, and the regional site where the post-referral procedures were conducted. G. Determination That a Child is Not Eligible. If, based on the evaluation conducted under IV.1.C of this rule the regional site determines that a child is not eligible under this part, the regional site must provide the parent with prior written notice, and include in the notice information about the parent’s right to dispute the eligibility determination through dispute resolution mechanisms under XVI. of this rule, such as requesting a due process hearing or mediation or filing a State complaint.[34 CFR 303.322] 2. Child Find For Children Three To Twenty A. Child Find Policy, Procedure, and Responsibility Each SAU shall maintain and implement policies and procedures to ensure that all children residing in the jurisdiction between the ages of 3 and 20 years, including children with disabilities who are homeless children, are wards of the State or state agency clients, children with disabilities attending private schools and receiving home instruction, highly mobile children (including migrant or homeless), children who have the equivalent of 10 full days of unexcused absences or 7 consecutive school days of unexcused absences during a school year, and children incarcerated in county jails, and who are in need of special education and related services, even though they are advancing from grade to grade, are identified, located and evaluated at public expense. [34 CFR 300.111(a)(i,ii) and (c)(1,2)] As noted on pages 7 and 12 of this rule, all
participating in a home instruction program the requirements in 20-A MRSA §5021 shall apply. (2) Child Find Responsibilities for Children enrolled in Home Instruction Each SAU must identify, locate, and evaluate, at public expense, all resident children who are enrolled in home instruction programs (3) Opportunity to Access Service Children who are enrolled in home instruction programs do not have an individual right to receive some or all of the special education and related services that they would receive if enrolled in a public school. Should a child enrolled in a home instruction program, who chooses to enroll in specific day school classes at the public school, request access to special education and related services in a public school within their SAU, the provisions of 20-A MRSA §5021 shall apply and the Individual Education Program Team will meet to develop an individual service plan for services provided in a public school. If a parent of a child who is receiving home instruction does not provide consent for the initial evaluation or the reevaluation, or the parent fails to respond to a request to provide consent, the SAU may not use consent override procedures in 34 CFR 300.300(a)(3) and (c)(1) [Section XV]; and the SAU is not required to consider the child eligible for services under 34 CFR 300.132 through 300.144. [Section IV.2.G][34 CFR 300.300(d)(4)(i,ii)] I. Education in the Unorganized Territories (EUT) (1) School privileges in the unorganized territories All persons who have attained the age of 5 years on October 15th and have not reached 20 years of age before the start of the school year and who reside with a parent in the unorganized territory or who are resident emancipated minors or residents at least 18 years old are eligible to attend elementary and secondary schools and to receive appropriate special education and related services without charge to themselves or their parents. Education must be provided in alignment with the system of learning results as established in section 6209 under the direction of the commissioner and must meet the general standards for elementary and secondary schooling and special education established pursuant to 20-A MRSA §3251-3254-A.
(i) A child enrolls in a school served by the SAU after the relevant timeframe in clause (a)(i) has begun and prior to a determination by the child's previous SAU as to whether the child is a child with a disability (as defined in 20 USC 1402), but only if the subsequent SAU is making sufficient progress to ensure a prompt completion of the evaluation, and the parent and subsequent SAU agree to a specific time when the evaluation will be completed; or (ii) The parent of a child repeatedly fails or refuses to produce the child for the evaluation. (4) Parental consent (a) In general (i) Consent for initial evaluation.--The SAU proposing to conduct an initial evaluation to determine if the child qualifies as a child with a disability under 34 CFR 300.8 [Section VII] after providing notice consistent with 34 CFR 300.503 and 504 [Section XV], obtain informed consent consistent with 34 CFR 300.9 [Section II.6], from the parent of such child before conducting the evaluation. Parental consent for initial evaluation must not be construed as consent for placement for receipt of special education and related services. The SAU must make reasonable efforts to obtain the informed consent from the parent for an initial evaluation to determine whether the child is a child with a disability. [34 CFR 300.300(a)] (ii) Consent for services.--An SAU that is responsible for making a free appropriate public education available to a child with a disability under this part must obtain informed consent from the parent of such child before providing special education and related services to the child. The SAU must make reasonable efforts to obtain informed consent from the parent for the initial provision of special education and related services to the child.[34 CFR 300.300(b)(1,2)] (b) Absence of consent
If a school administrative unit is unable to hire qualified staff for the provision of related services, the unit shall make an ongoing, good faith effort to recruit and hire appropriately and adequately trained personnel to provide related services to children with disabilities. In a geographic area of the State where there is a shortage of qualified personnel who meet the requirements of this section, the unit may hire the most qualified individuals available who are making satisfactory progress toward completing, within three years, the applicable course work necessary to meet the licensing standards described in Chapter 115. (6) Teacher of record. The teacher of record, who is also the highly qualified teacher in a specific content area, provides the student grade for specialized instruction. Federal Requirement How Maine Meets the Requirement All special education teachers must hold at least a bachelor’s degree and must obtain full State special education certification or equivalent licensure. All special education teachers must hold at least a bachelor’s degree and must obtain full State special education certification or equivalent licensure, which requires passing the Special Education PRAXIS II exam Special education teachers who teach only core subjects exclusively to the most severely disabled children and those who teach more than one core subject who meet the IDEA criteria are considered as meeting ESEA. All special education teachers must hold at least a bachelor’s degree and must obtain full State special education certification or equivalent licensure, which requires passing the Special Education PRAXIS II exam. New and veteran teachers who teach core subjects exclusively to children with disabilities who are assessed against alternative achievement standards are considered highly qualified by meeting ESEA standards. New and veteran teachers who teach core subjects exclusively to children with disabilities who are assessed against alternative achievement standards are considered highly qualified by meeting Maine Highly Qualified standards (see previous answers) for the level of the standards at which their students are assessed.
competent jurisdiction or in a district court of the United States. [34 CFR 300.537 provides the State the option of enforcement.] 3. Mediation Associated with a Request for a Due Process Hearing A. General If either a parent, adult student or an SAU seeks a due process hearing, the superintendent shall encourage the parents to resolve the disagreement through a resolution session or mediation or other assistance. Such attempts shall not interfere with the parent's or adult student’s right to a due process hearing or with the hearing timeline. B. Requirements. [34 CFR 300.506, 303.431] Mediation under this section shall: (a) Be voluntary on the part of the parties; (b) Not be used to deny or delay a parent's right to a hearing on the parent's due process hearing request, or to deny any other rights afforded under Part B of the Act; and (c) Be conducted by a qualified and impartial mediator who is trained in effective mediation techniques. (2) (a) The Department shall maintain a list of individuals who are qualified mediators and knowledgeable in laws and regulations relating to the provision of special education and related services. (b) The Department shall select mediators on a random, rotational, or other impartial basis. (3) The Department shall bear the cost of the mediation process. (4) Each session in the mediation process shall be scheduled in a timely manner and shall be held in a location that is convenient to the parties to the dispute.
B. Time Limitation The party bringing the action shall have 90 days from the date of the decision of the hearing officer to file a civil action. C. Additional Requirements In any action brought under paragraph (A) of this section, the court-- (1) Receives the records of the administrative proceedings; (2) Hears additional evidence at the request of a party; and (3) Basing its decision on the preponderance of the evidence, grants the relief that the court determines to be appropriate. D. Jurisdiction of District Courts The district courts of the United States have jurisdiction of actions brought under section 615 of the IDEA without regard to the amount in controversy. E. Rule of Construction Nothing in this part restricts or limits the rights, procedures, and remedies available under the Constitution, the Americans with Disabilities Act of 1990, title V of the Rehabilitation Act of 1973, or other Federal laws protecting the rights of children with disabilities, except that before the filing of a civil action under these laws seeking relief that is also available under the procedural safeguards section of the Act, the procedures under Section XVI.5 and Section XVI.16 must be exhausted to the same extent as would be required had the action been brought under the procedural safeguards section of the IDEA. [20 U.S.C. 1415(i)(2) and (3)(A), 1415(l)and 34 CFR 300.516] F. If a party appeals a hearing decision, that party must send a copy of that appeal to the Department of Education Due Process Office at the same time as the appeal is filed with the court. 20. Child's Status during Proceedings A. Except as provided in Section XVII.4, during the pendency of any mediation or state complaint investigation request or administrative or judicial proceeding regarding a due process hearing request notice requesting a due process hearing under Section XVI.5, unless the Department or SAU and the parents of the child agree otherwise, the child involved in the hearing request must remain in his or her current educational placement.
January 19, 2010 – filing 2010-9 (EMERGENCY) May 8, 2010 – filing 2010-127 (major substantive) July 2, 2011 – filing 2011-168 (major substantive) May 10, 2012 – filing 2012- 105 (major substantive) July 19, 2013 – filing 2013-145 (major substantive) July 19, 2015 – filing 2015-111 (major substantive) August 25, 2017 – filing 2017-113 (major substantive) APPENDIX 1 Notice of Procedural Safeguards In the Individuals with Disabilities Improvement Act of 2004 (the reauthorization of the IDEA, 2004), the Congress required the U.S. Department of Education to publish and widely disseminate ‘model forms’, that are “consistent with the requirements of [Part B of the IDEA]” and “sufficient to meet the requirements.” This notice of procedural safeguards has been provided to the states.