LD 1772
pg. 15
Page 14 of 22 An Act To Improve Early Childhood Special Education Page 16 of 22
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LR 3023
Item 1

 
5. Due process. Shall:

 
A. Adopt or amend rules to assure and protect the rights of
due process for exceptional students children with
disabilities; and

 
B. Inform and train each school administrative unit on
exceptional students' the rights of children with
disabilities to due process under state laws and rules and
federal law and regulations; and

 
6. Technical assistance. May, on the request of a school
administrative unit, provide technical assistance in the
formulation of a plan or subsequent report required of all
administrative units. Assistance shall may not be designed to
transfer the responsibility for or actual development of the plan
or report.

 
Sec. 22. 20-A MRSA §7207-A, sub-§2, as amended by PL 1989, c. 700, Pt.
B, §46 and enacted by c. 857, §56 and amended by PL 2003, c. 689,
Pt. B, §6, is further amended to read:

 
2. Objection to appointments. When an exceptional student a
child with a disability is a state ward and the Department of
Health and Human Services has notified the school administrative
unit and the Department of Education that the Department of
Health and Human Services objects to the appointment of the
foster parent as the surrogate parent, the foster parent may not
be automatically appointed to serve as surrogate parent for the
exceptional student child with a disability. When an exceptional
student a child with a disability is a state ward and the
Department of Health and Human Services objects to the
appointment of the foster parent as the surrogate parent, the
Department of Health and Human Services shall recommend to the
Department of Education an individual to serve as surrogate
parent.

 
Sec. 23. 20-A MRSA §7207-B, sub-§3-A, as enacted by PL 1997, c. 441,
§1, is repealed.

 
Sec. 24. 20-A MRSA §7207-B, sub-§4, as amended by PL 1985, c. 797,
§41, is further amended to read:

 
4. Hearing officers, immunity. The State shall train ensure
that impartial hearing officers meet the criteria contained in
the federal Individuals with Disabilities Education Act, 20
United States Code, Section 1400 et seq., as amended. For
purposes of the Maine Tort Claims Act only, Title 14, chapter
741, hearing officers, while they are carrying out their official


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