Dispute Resolution
At any time a parent can file for Due Process. The Due Process
Coordinator at the Maine Department of Education at (207) 624-6644
has information and a form available for the following Dispute
Resolution Procedures:
- Mediation (13.3-13.4)
- Complaint Investigation (13.5)
- Due Process Hearing (13.12)
- Expedited Due Process Hearing (13.13)
| "Any interested
party may submit a written complaint to the superintendent
of the school administrative unit or the Department
alleging that a unit has failed to comply with these
rules or when there is a disagreement regarding the
identification, evaluation, placement or the provision
of a free appropriate public education to a student."
(MSER, Chapter 101, Section 13.1, p. 79) |
|
The parent should fill out a Dispute Resolution Form, send a
copy to the school district, and send the form to the Maine Department
of Education (MDOE) Due Process Coordinator.
Upon receipt of the written complaint, and if requested by the
parent, information regarding free or low cost legal services
will be provided by the Due Process Office.
FMI: See DISPUTE RESOLUTION REQUEST FORM,
pages 7.WS.4 - 7.WS.5.
 |
Be prepared!
It is important for parents to be aware of their rights before
initiating any of these procedures available through the MDOE. |
HEARING PROCEDURES:
The due process hearing will be conducted according to procedures
in MSER 101 13.12 p. 86:
- Opening remarks by the hearing officer;
- Opening statement by the party requesting the hearing;
- Opening statement by the other party;
- Presentation of evidence by the party requesting the hearing;
- Witnesses for the party requesting the hearing;
- Presentation of evidence by the other party;
- Witnesses for the other party;
- Rebuttal witnesses for the party requesting the hearing;
- Rebuttal witnesses for the other party;
- Closing remarks by the party requesting the hearing;
- Closing remarks by the other party; and
- Concluding remarks by the hearing officer.
| The hearing officer
will issue a Finding of Facts and Final Decision within
15 days after the hearing date to both parties and MDOE. |
|
| The only recourse of
appeal of a hearing decision by any party is to the
Maine Superior Court or the Federal District Court.
This must be done within 30 days of the receipt of the
final decision of the hearing officer. |
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