| | Preamble. Whereas, federal law provides that graduation | requirements for a special education student must be governed by | provisions of the student's individual education plan; and |
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| | Whereas, current rules of the Maine Department of Education | contain conflicting provisions regarding the role of individual | education plans in determining specific graduation requirements | for special education students; now, therefore, be it |
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| | Sec. 1. Department of Education authorized to review conflicting graduation | requirements for special education students. Resolved: That the Department of | Education is directed to conduct a review of applicable federal | laws and regulations, state law and rules of the Department of | Education related to the role of individual education plans in | determining specific graduation requirements for special | education students; and be it further |
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| | Sec. 2. Reporting date established. Resolved: That the Department of | Education shall report its findings, including suggested | legislation, concerning resolution of the conflict between | federal and state law related to the role of individual education | plans in determining specific graduation requirements for special | education students to the Joint Standing Committee on Education | and Cultural Affairs by December 2, 2005. The Joint Standing | Committee on Education and Cultural Affairs is authorized to | introduce a bill related to the Department of Education's report | to the Second Regular Session of the 122nd Legislature at the | time of submission of its report. |
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| | This resolve directs the Department of Education to review | federal laws, state statutes and rules of the Department of | Education related to the role of individual education plans in | determining specific graduation requirements for special | education students. The Department of Education shall present a | report, including suggested legislation, to resolve conflicts to | the Joint Standing Committee on Education and Cultural Affairs by | December 2, 2005. The Joint Standing Committee on Education and | Cultural Affairs is authorized to introduce a bill related to | this report to the Second Regular Session of the 122nd | Legislature. |
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