Chapter 7: When Things Aren't Going Well

Roles in the Dispute Resolution Procedure

Advocates

Parents are often confused about who qualifies as an advocate and what an advocate's role is, as compared to the role of a lawyer. Ideally, an advocate is someone with specialized training in special education and Maine State Education Regulations (MSER). An advocate should be able to help identify the key issues, understand how they relate to special education law, and support the parent in articulating those points. Some advocates have formal legal training; many do not. Some advocates volunteer their services, while others charge a fee for their time.

FMI See MSER 111 13.4 p. 81.

Lawyers

Lawyers are trained legal experts. Most lawyers focus their law practice on a specific branch of law (i.e. corporate law, criminal law, labor law, family law, etc.). If you are seeking the services of a lawyer to assist you in dispute resolution, it is wise to ask what level of experience they have in special education law.

Maine Department of Education (MDOE) Contractors

MDOE contracts with an organization of trained individuals who function as mediators, complaint investigators and hearing officers. Some individuals work only as mediators, while others serve as hearing officers or complaint investigators. As stated previously, each one will vary in their own style. They may also vary in their approach to the process employed in each setting.

Mediators

MSER states that an individual who serves as a mediator may not be an employee of any school administrative unit or the MDOE and may not have a personal or professional conflict of interest. They shall be qualified and impartial individuals who are trained in effective mediation techniques and knowledgeable in the laws and regulations relating to the provision of special education and supportive service.

FMI See MSER 101 13.4 p. 81.

Hearing Officers

An individual who serves as a hearing officer shall not be an employee of a public agency involved in the education or care of the student nor of any private school that provides education or care to the student. In this case the term of public agency refers to the MDOE, the school administrative unit responsible for the education of the student and the municipality of residence of the student's parents. Any person having a personal or professional interest, which would conflict with their objectivity in the hearing, may not conduct a hearing.

FMI See MSER 101 13.6 p. 83.

A list of mediators, complaint investigators and hearing officers and their qualifications is available from the Due Process Office. The secretary's phone number is (207) 624-6644.

"Each school unit shall allow the parents of a student to be represented or assisted by an individual or individuals of their choosing. If the parents request information regarding any free or low cost legal aid, parent support groups, or other relevant services, or if a due process hearing has been initiated by either party, the Department shall inform the parents of any such free or low-cost legal aid, parent support groups or other relevant services." (MSER, Chapter 101, Section 12.8, p. 68)