Bill Summary – FastDemocracy

130th MAINE LEGISLATURE
                   FIRST REGULAR SESSION-2021
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.
                                        Printed on recycled paper
 1   Be it enacted by the People of the State of Maine as follows:
 2       Sec. 1. 20-A MRSA §7202, sub-§11, as corrected by RR 2011, c. 1, §28, is
 3   amended to read:
 4        11. Transitional services for students with disabilities. Plan, coordinate and
 5   implement services for students with disabilities who are in transition from school to
 6   community in accordance with rules adopted by the department. Rules adopted pursuant
 7   to this subsection are major substantive rules as defined in Title 5, chapter 375, subchapter
 8   2‑A; and
 9       Sec. 2. 20-A MRSA §7202, sub-§12, as reallocated by RR 2011, c. 1, §29, is
10   amended to read:
11       12. Attorney's presence at team meeting. Provide that the school administrative unit
12   may not have an attorney present at an individualized education program team meeting
13   unless the school administrative unit has provided the parents of a child with a disability at
14   least 7 days' written notice prior to the individualized education program team meeting that
15   the school administrative unit will have an attorney present at the individualized education
16   program team meeting. If the parent of a child with a disability has an attorney present at
17   the individualized education program team meeting, the school administrative unit may
18   have an attorney present without providing prior written notice.;
19       Sec. 3. 20-A MRSA §7202, sub-§13 is enacted to read:
20       13. Changes to individualized education program. Require that changes to the
21   individualized education program be made by consensus of the individualized education
22   program team. If a team is unable to reach consensus on proposed changes to an
23   individualized education program, the individualized education program in effect at the
24   time of the proposed change remains in effect. If a team member seeks to pursue a change
25   that is not agreed to by consensus by the team, that team member is responsible for
26   requesting mediation under 7206-C, as appropriate, or initiating other available dispute
27   resolution procedures; and
28       Sec. 4. 20-A MRSA §7202, sub-§14 is enacted to read:
29        14. Special education services providers; presence at team meeting. Require an
30   individualized education program team to allow an individual who provides special
31   education services to a child with a disability and has regular, direct contact with that child
32   to attend and participate in an individualized education program team meeting concerning
33   the child upon the request of that individual or a member of the individualized education
34   program team.
35       Sec. 5. Rulemaking. No later than January 1, 2022, the Commissioner of Education
36   shall submit to the Legislature proposed changes to Department of Education rule Chapter
37   101, Maine Unified Special Education Regulation Birth to Age Twenty, a major
38   substantive rule adopted pursuant to the Maine Revised Statutes, Title 20-A, section 7005,
39   to bring the rule into conformance with this Act.
40                                          SUMMARY
41       This bill requires that changes to the individualized education program for a child with
42   a disability be made by consensus of the individualized education program team. The bill
                                         Page 1 - 130LR0857(01)
43
 1   also requires that the individualized education program team allow a person who provides
44
 2   special education services to a child with a disability through regular and direct contact to
45
 3   participate in a team meeting concerning that child upon the request of the individual or the
46
 4   request of a member of the team. Finally, the bill requires the Commissioner of Education
47
 5   to submit proposed changes to the rules governing special education to the Legislature by
48
 6   January 1, 2022 to amend the rules to conform with the provisions of the bill.
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Statutes affected: 
Bill Text LD 552, HP 397: 20-A.7202