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INFORMATIONAL LETTER:  91
POLICY CODE:  IHBA

 

TO:                  Superintendents of Schools, CDS Site Directors, MADSEC; Disability Rights Center; Maine Parent Federation

FROM:            Susan A. Gendron, Commissioner

DATE:             February 2, 2006

RE:                  Waiver of Seven (7)-Day Advance Notice of Parent’s Attorney’s Attendance at Mediation Available

Maine’s Special Education Regulation 101 §13.4 and Maine’s Special Education Regulation 180 §XII(7)(D) provide the following:

School administrative units (or CDS regional sites) may be represented by counsel in a mediation only when the parents are represented by counsel. An attorney representing a parent shall provide the superintendent of the school administrative unit (or CDS regional site) and the Due Process Office of the Maine Department of Education with at least 7 days written notice prior to the mediation that they will be representing the parent at the mediation.

In order to encourage mediation for parents and school administrative units (SAUs) or CDS regional sites, under extenuating circumstances, the Due Process Office (DPO) of the Maine Department of Education (DOE) offers an option of a waiver of the above cited required seven (7)-day notice. If an attorney representing a parent fails to provide  the SAU or CDS regional site and DPO with the required seven (7)-day written notice of representation of the parent at a mediation and the SAU or CDS regional site does not object to the lack of seven (7)-day notice and would like to participate in mediation with the family on the date arranged for mediation by the DPO, the SAU or CDS regional site and the family may waive the seven (7)-day written notice requirement by signing the enclosed waiver form and returning it to the DPO prior to the date of the mediation.

If a recipient of this memorandum has questions about the content of this memo, please contact the Due Process Office by e-mail at patricia.neumeyer@maine.gov. or by phone at 624-6644.

(See enclosed form For Mediation, Waiver of Seven-Day Written Notice from Parent’s Attorney to Due Process Office and SAU or CDS Regional Site.)

 

*********************

 

For Mediation, Waiver of Seven-Day Written Notice

From Parent’s Attorney to Due Process Office and SAU or CDS Regional Site

 

The attorney for the parent or the adult student or the legal guardian has not provided the required seven-day written notice to the school administrative unit (SAU) or CDS regional site and the Maine Department of Education Due Process Office (DPO) prior to the date of the mediation per MSER 101 §13.4 or MSER 180 §XII(7)(D).

The SAU or CDS regional site does not object to the lack of the required seven-day written notice and wishes to proceed with the mediation as scheduled.

 

_______________________                                      ______________________
SAU Representative     or                                             Parent’s Attorney
CDS Regional Site Representative

 

_______________________                                      _______________________
Print Name                                                                   Print Name

 

_______________________                                      ______________________
Date                                                                             Date

           

RETURN TO:
DUE PROCESS OFFICE
MAINE DEPARTMENT OF EDUCATION
23 STATE HOUSE STATION
AUGUSTA, ME  04333-0023
(207) 624-6641  (fax)