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An Act Regarding the Attendance of Attorneys at Pupil Evaluation Team Meetings
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 2005, c. 662, Pt. A, §23, is further amended to read:
 
9. Securing parental permission.   For the agency conducting studies pursuant to Title 5, chapter 511:
 
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 amended by PL 2005, c. 662, Pt. A, §23, 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 a child with a disability who is a state ward. The written notice must indicate the time and place of the pupil evaluation team meeting and a copy of the notice must be placed in the child's permanent record.; and
Sec. 3.  20-A MRSA §7202, sub-§11  is enacted to read:
 
11.  Attorney's presence at team meeting.     Provide that the school administrative unit will not be represented by an attorney at a pupil evaluation team meeting unless the parent is also represented at the meeting by an attorney. The parent shall notify the school administrative unit prior to the meeting if an attorney will be present.
 
SUMMARY
This bill provides that a school administrative unit may not be represented at a pupil evaluation team meeting by an attorney unless the parent is also represented at the meeting by an attorney.