Whereas, federal law provides that graduation requirements for special education students are governed by provisions of the student's individual education plan; and

Whereas, current Department of Education rules contain conflicting provisions regarding the role of the individual education plan in determining specific graduation requirements for special education students; and

Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 20-A MRSA §7202, sub-§9, as amended by PL 1989, c. 857, §54, is further amended to read:

9. Securing parental permission. For the Protection and Advocacy Agency for the Developmentally Disabled in Maine conducting studies pursuant to Title 22, chapter 961:

A. Assist the agency in its studies; and

B. Facilitate access to relevant case records by:

(1) Notifying parents or guardians of the study; and

(2) Requesting parental consent for the agency to have access to case records; and

Sec. 2. 20-A MRSA §7202, sub-§10, as enacted by PL 1989, c. 857, §55 and amended by PL 2003, c. 689, Pt. B, §6, is further amended to read:

10. Department of Health and Human Services; authority to request convening of pupil evaluation 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 team meeting and to attend and participate in any pupil evaluation team meetings concerning an exceptional student who is a state ward. The written notice must