Hearing
Upon receipt of a request for hearing, the Maine Department of
Education (MDOE) will appoint an impartial hearing officer. A
date, time, and place will be established and both parties will
be notified in writing. A mediation session, as previously described,
may still be held within the first 30 days of this time frame,
if both parties are agreeable.
| Timeline
for Pre-Hearing & Hearing |
Pre-Hearing
and Hearing should be completed within 30
days from receipt of the written request
unless an extension is granted by the hearing
officer.
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A hearing is conducted in the same manner as a court trial. Each
side will be required to have an opening statement, testimony
from witnesses with cross examination, evidence to be submitted
for the official record and a closing statement. The hearing will
be recorded and all persons shall be sworn in. The hearing officer's
role is much like that of a judge.
| Timeline
for Hearing Descision |
Hearing
Decision must should be issued within 45
days from receipt of the written request,
but may not be more than 60 days from the request
of the hearing except by mutual consent.
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At any
time (prior to, during, or after) the hearing the parties
may engage in settlement discussions. |
| TheDepartment shall
ensure that a final hearing decision is reached and
mailed to the parents and the school within 45 days
after the receipt of a request for a hearing, unless
the hearing officer grants a specific extension at the
request of either party (MSER Chapter 101, section 12.11J,
paragraph 8, p. 73). |
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| All hearings shall
be scheduled so that the prehearing and hearing shall
occur within 30 days of the receipt of the request for
a hearing. The hearing officer may grant for just cause
an extension of up to 10 days upon written request of
either party. Any such extensions shall not postpone
the hearing decision in excess of 60 days from the receipt
of the request for a hearing, except by mutual agreement
of all parties (MSER Chapter 101, Section 13.7, paragraph
2, p. 84-85). |
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