‘Resolve, To Examine the Representation of Families by Nonattorney Advocates at Special Education Due Process Hearings’

‘Sec. 1. Working group to review representation of families by nonattorney advocates at special education due process hearings. Resolved: That the Maine Developmental Disabilities Council, established by the Maine Revised Statutes, Title 5, section 12004-I, subsection 66 and referred to in this resolve as "the council" shall convene a working group to examine the representation of families by nonattorney advocates at special education due process hearings. The working group shall:

1. Specifically address the complex issue of representation of families by nonattorney advocates at special education due process hearings; and

2. Develop recommendations for changes in current law, rules and policies related to representation of families by nonattorney advocates at special education due process hearings; and be it further

Sec. 2. Working group membership. Resolved: That the council shall invite the participation of the following entities in the working group:

1. Maine Parent Federation, Inc.;

2. Maine Administrators of Services for Children with Disabilities;

3. Maine Principals' Association;

4. Disability Rights Center;

5. KIDS LEGAL, a statewide project of Pine Tree Legal Assistance;

6. Learning Disabilities Association of Maine;

7. Autism Society of Maine;

8. Maine School Superintendents Association;

9. Maine School Boards Association;

10. Maine Council of School Attorneys;

11. Department of Education;

12. Maine Trial Lawyers Association; and

13. Maine State Bar Association.

The council shall also invite the participation of one attorney in private practice who represents students with disabilities and one privately funded advocate who represents students with disabilities; and be it further

Sec. 3. Convening of the working group; staff assistance; funding. Resolved: That the council shall provide the necessary resources to organize and support the work of the working group, including convening and providing any necessary staffing services for the working group; and be it further

Sec. 4. Report. Resolved: That the council shall submit a report of the findings and recommendations of the working group, including any suggested legislation, to the Joint Standing Committee on Judiciary no later than January 31, 2012. Upon receipt of the report required by this section, the Joint Standing Committee on Judiciary may report out a bill during the Second Regular Session of the 125th Legislature to implement recommendations on matters relating to the report.’