20-A §7202. Duties of school administrative units - Maine Statutes

Title 20-A: EDUCATION

Part 4: SPECIFIC EDUCATION PROGRAMS

Subpart 1: SPECIAL EDUCATION

Chapter 303: CHILDREN WITH DISABILITIES HEADING: PL 2005, C. 662, PT. A, §21 (RPR)

Subchapter 1: GENERAL PROVISIONS

§7202. Duties of school administrative units

Each school administrative unit operating schools shall: [1981, c. 693, §§5, 8 (NEW).]

1. Identification. Identify all children within its jurisdiction who require special education;

[ 1981, c. 693, §§5, 8 (NEW) .]

2. Records. Make and keep current records of children with disabilities within its jurisdiction, as required by rules established by the commissioner and institute procedures that guarantee the confidentiality of these records in accordance with state and federal law;

[ 2005, c. 662, Pt. A, §23 (AMD) .]

2-A. Assist advocates for developmentally disabled. Assist the advocacy agency designated under Title 5, section 19502 in conducting an investigation, pursuant to Title 5, section 19505, subsection 4, by providing access to relevant case records, notifying parents or guardians of these investigations and requesting parental consent for access to case records by the agency. Parents or guardians may refuse to consent to the examination of these records;

[ 2005, c. 662, Pt. A, §23 (AMD) .]

3. Diagnosis and evaluation. Provide the evaluations and assessments required by the federal Individuals with Disabilities Education Act, 20 United States Code, Section 1400 et seq., as amended, to plan and implement a special education program for children with disabilities at least 3 years of age and under 20 years of age within its jurisdiction;

[ 2005, c. 662, Pt. A, §23 (AMD) .]

4. Plan. Submit a plan for its special education programs to the commissioner for approval in accordance with rules established by the commissioner;

[ 1981, c. 693, §§5, 8 (NEW) .]

5. Special education and early intervention services. Provide special education for each eligible child with a disability within its jurisdiction;

[ 2005, c. 662, Pt. A, §23 (AMD) .]

5-A. Diploma requirements. Award a high school diploma to each child with a disability who successfully meets the content standards of the system of learning results, in addition to any other diploma requirements applicable to all secondary school students pursuant to section 4722, as specified by the goals and objectives of the child's individualized education program;

[ 2005, c. 662, Pt. A, §23 (AMD) .]

6. Compliance. Provide the commissioner with the information the commissioner may require to determine compliance with this chapter;

[ 1983, c. 806, §63 (AMD) .]

7. Notice of parent's right to be a member of the team. Notify in writing the parent, surrogate parent or guardian of the child with a disability of that person's right to be a member of the team and place a copy of the notice in the student's permanent records;

[ 2005, c. 662, Pt. A, §23 (AMD) .]

8. Facility construction, renovation and repair. Seek approval in advance from the commissioner for construction, renovation or repair, with or aided by public funds, of facilities intended for the education of children with disabilities, or give assurances that other facilities in the school administrative unit are adequate to meet the needs of those students;

[ 2005, c. 662, Pt. A, §23 (AMD) .]

9. Securing parental permission. For the agency conducting studies pursuant to Title 5, chapter 511:

A. Assist the agency in its studies; and [1983, c. 327, §2 (NEW).]

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 [1989, c. 857, §54 (AMD).]

[ 2005, c. 662, Pt. A, §23 (AMD) .]

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.

[ 2005, c. 662, Pt. A, §23 (AMD) .]

SECTION HISTORY

1981, c. 693, §§5,8 (NEW). 1983, c. 327, §§1,2 (AMD). 1983, c. 539, §1 (AMD). 1983, c. 806, §63 (AMD). 1989, c. 857, §§53-55 (AMD). 2003, c. 689, §B6 (REV). 2005, c. 446, §7 (AMD). 2005, c. 662, §A23 (AMD).