HP0822, LD 1110, item 4, ‘An Act Regarding the Attendance of Attorneys at Individualized Education Program Team Meetings’

Amend the bill by striking out the title and substituting the following:

‘An Act Regarding the Attendance of Attorneys at Individualized Education Program Team Meetings’

Amend the bill in section 2 by striking out all of subsection 10 (page 1, lines 13 to 20 in L.D.) and inserting the following:

‘10. Department of Health and Human Services; authority to request convening of individualized education program team meeting. Notify in writing the individual designated by the Department of Health and Human Services that the Department of Health and Human Services has the authority to request the school administrative unit to convene a pupil evaluation an individualized education program team meeting and to attend and participate in any pupil evaluation individualized education program team meetings concerning a child with a disability who is a state ward. The written notice must indicate the time and place of the pupil evaluation individualized education program team meeting and a copy of the notice must be placed in the child's permanent record . ; and’

Amend the bill in section 3 by striking out all of subsection 11 (page 1, lines 22 to 25 in L.D.) and inserting the following:

‘ 11. Attorney's presence at team meeting. Provide that the school administrative unit may not have an attorney present at an individualized education program team meeting unless the school administrative unit has provided the parents of a child with a disability at least 7 days' written notice prior to the individualized education program team meeting that the school administrative unit will have an attorney present at the individualized education program team meeting. If the parent of a child with a disability has an attorney present at the individualized education program team meeting, the school administrative unit may have an attorney present without providing prior written notice.’

Amend the bill by adding after section 3 the following:

‘Sec. 4. Rules. The Department of Education shall provisionally adopt rules to be submitted to the Legislature by January 13, 2012 that amend Chapter 101, Section VI of its rules to require inclusion in the notice notifying a parent of a child with a disability of an individualized education program team meeting whether the school administrative unit will have an attorney present at the meeting. Rules adopted pursuant to this section are major substantive rules pursuant to the Maine Revised Statutes, Title 5, chapter 375, subchapter 2-A.’

SUMMARY

This amendment is a committee of conference report and incorporates provisions of Committee Amendment "A" that change the name of the team required to develop or amend an individualized education plan for a child with a disability in accordance with the federal Individuals with Disabilities Education Act, 20 United States Code, Section 1400 et seq., as amended.

The amendment adds language that requires a school administrative unit to notify parents in writing 7 days prior to an individualized education program team meeting whether the school administrative unit will have an attorney present at the meeting.

The amendment also adds language that, in the event that the parent of a child with a disability has an attorney present at the individualized education program team meeting, the school administrative unit may have an attorney present without providing prior written notice.

Finally, the amendment requires the Department of Education to submit provisionally adopted rules to the Legislature by January 13, 2012 to implement the provisions of this legislation.

FISCAL NOTE REQUIRED

(See attached)

HP0822 LD 1110	First Regular Session - 125th Maine Legislature CC "A", Filing Number H-590, Sponsored by		LR 175 Item 4
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