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TO:                  Superintendents
                        Directors of Special Education
                        CDS Site Directors
                        Superintendents of State Correctional Facilities
FROM:            Susan A. Gendron, Commissioner of Education

DATE:             September 16, 2005

SUBJECT:       Procedural Safeguards Statement

Section 615 of the Individuals with Disabilities Education Improvement (IDEIA) Act of 2004, which went into effect July 1, 2005, requires any State educational agency, State agency, or local educational agency that receives assistance under this act to “establish and maintain procedures in accordance with this section to ensure that children with disabilities and their parents are guaranteed procedural safeguards with respect to the provision of a free appropriate public education by such agencies.”

The Maine Department of Education has developed a Procedural Safeguards Statement that is in compliance with this requirement.  Because Maine still has a regulation in place that may exceed the federal requirements, this statement of procedural safeguards reflects both (italics are used to indicate areas where Maine regulations exceed federal requirements.) 

The attached files contain (A) a printable version of the notice, which should be used for dissemination to parents, guardians and adult students, and (B) a copy of the notice, to be used as a technical assistance document for LEAs, which highlights in red the areas where new federal language has been incorporated into the statement that was in place prior to July 1, 2005.

Questions regarding these requirements should be directed to David Noble Stockford, Policy Director and Team Leader for Special Services, or to the Special Education Due Process Office, at 624-6650.


Attachment A
Attachment B