An Act To Change the Period To Request a Due Process Hearing for Costs Related to a Unilateral Private School Placement from a Public School
Sec. 1. 20-A MRSA §7207-B, sub-§1, as amended by PL 1999, c. 424, Pt. A, §§8 and 9, is further amended to read:
Sec. 2. 20-A MRSA §7207-B, sub-§2, as enacted by PL 1985, c. 318, §3, is amended to read:
Notwithstanding any other limitation on the time frame for filing a request for a due process hearing, an action against a school administrative unit to recover the costs of a unilateral special education placement may be commenced by a parent, surrogate parent or guardian only by requesting a due process hearing pursuant to this section within 90 days of the unilateral special education placement. For the purposes of this subsection, "unilateral special education placement" means the unilateral placement of a student by a parent, surrogate parent or guardian in a private school.
This bill removes a requirement that rules adopted by the Commissioner of Education governing due process hearings include a maximum period within which due process hearings and appeals may be requested. It provides that an action against a school administrative unit to recover the costs of a unilateral special education placement in a private school may be commenced only by requesting a due process hearing within 90 days of the placement. It also provides that rules adopted by the Commissioner of Education governing the procedures for conducting due process hearings must include procedures for discovery, including rules for the production of documents.