A Guide to Special Education in Maine

The PAA handbook has been our most often requested publication and this is the updated version. Includes supplements with sample letters, FAQs, dispute resolution forms, checklists etc. Download the MS Wordİ version or the .HTML version.

PAA Handbook for MS Wordİ

The Federal and state governments have enacted laws that declare that children with disabilities are entitled to receive a free and appropriate public education. Parents are much more successful in advocating for their children when they understand the laws and regulations which protect the rights of children with disabilities.

Federal laws and regulations that protect students with disabilities are:

1. The Individuals with Disabilities Educational Act (IDEA)
   • 20 U.S.C. §§ l400-l485
   • 34 Code of Federal Regulations, Part 300
2. Section 504 of the Rehabilitation Act of 1973
   • 29 U.S.C. §794
   • 34 Code of Federal Regulations, Part 104
3. Americans with Disabilities Act (ADA); and
   • 42 U.S.C. §§ 12101, et. seq.
   • 34 Code of Federal Regulations, Part 36
4. Family Educational Right to Privacy Act (FERPA).
   • 20 U.S.C. §1232g
   • 34 Code of Federal Regulations, Part 99

Maine has adopted Special Education Laws and Special Education Regulations that complement Federal law.

• 20-A M.R.S.A. §§7001-8104
• Maine State Special Education Regulations (Ch. 101 & 180)

The Maine Human Rights Act also applies to the educational activities and programs of students with disabilities.

• 5-A M.R.S.A. §4551, et. seq.

This handbook is designed to help you understand these laws and regulations but it cannot substitute for legal advice. DRC recommends that parents read the statutes and regulations and consult with an attorney if necessary. (Find out where to obtain copies of the laws and regulations in Supplement 1.)

The Individuals with Disabilities Education Act (IDEA) is the main Federal statute that entitles children with disabilities to special education. It guarantees all children with disabilities the right to receive a free and appropriate public education (FAPE).

IDEA was first enacted in 1975 and was called the Education for the Handicapped Act (EHA). The most recent amendments were in 1997. Underlying the IDEA is the commitment to the idea that parents must be involved in the planning of special education programs for their children. (See Barriers and Clues to Parent Involvement in Supplement 2. Sample letters are provided in Supplement 7 to be used in selected circumstances.)

At the heart of IDEA are two major requirements. Individuals aged 3 to 20 are entitled to:

• a free appropriate public education (FAPE), including special education and related services, implemented through an Individualized Family Service Plan (IFSP) or Individualized Education Program (IEP); and
• placement in the least restrictive environment (LRE).

To ensure students with disabilities receive FAPE in the least restrictive environment (LRE), IDEA includes certain procedural safeguards to enable parents to challenge a school administrative unit's actions and decisions.

An Early Childhood Team (ECT) and a Pupil Evaluation Team (PET) are individuals (parents, teachers, professionals) that come together as one team to determine if a child is eligible for special education services, to develop an IFSP or an IEP and to determine the least restrictive educational program for the child.

An ECT identifies the needs of children through age five. Once the child starts public school, a PET meets to develop an Individualized Education Program for the child. (Read more about who is on the ECT or PET and what the specific duties are in Chapter 3.)

IDEA defines special education as specially designed instruction, at no cost to the parents, to meet the unique needs of a child with a disability aged 3-20 and enrolled in school.

Special education can include classroom instruction, physical education instruction, home instruction, vocational education, and instruction in hospitals, institutions and other settings.

Related services refers to transportation and supportive services that are required to assist a child with a disability to benefit from special education.

Supportive services can include, but are not limited to, the following:

1. speech pathology and audiology,
2. physical, occupational and recreational therapy,
3. counseling services, including social work services, and rehabilitation counseling,
4. individual and family counseling, and
5. parent training.

A student with a disability cannot receive "related services" unless the child is eligible for special education services. If your child is not eligible for special education, he or she could still potentially receive "auxiliary services and aids" under Section 504.

Students with disabilities are entitled to be educated in the least restrictive environment. LRE is the right of a child with disabilities to be educated with peers who do not have disabilities to the maximum extent that is appropriate and to participate in extracurricular and nonacademic services and activities.

In Maine students with disabilities are frequently placed in a classroom without adequate support services. When a student does not receive all or a portion of his or her program in a mainstream setting, that must be explained in the IEP.

LRE also refers to a continuum of placement options. Usually the regular education classroom setting would be the least restrictive placement for a student and the most restrictive placement would be a residential treatment center.

When looking at LRE, the PET must consider whether the use of supports, such as assistive technology or educational aides, would be appropriate. Most students with disabilities can be included in the regular classroom for most of the school day if provided with the proper supports.

Section 504 of the Rehabilitation Act of 1973 is a civil rights act that protects the rights of persons with disabilities from discrimination. Section 504 applies only to programs or agencies that receive Federal funding. This means that it will apply to, at a minimum, all public schools in Maine. Many private schools are also covered. Parents need to be aware that a student who is not eligible for special education services under IDEA may be covered under Section 504.

Section 504 protects a broader range of students with disabilities than does IDEA. A student is covered under Section 504 if he or she:

• has a physical or mental impairment which substantially limits one or more major life activities;
• has a record of such an impairment; or
• is regarded as having such an impairment.

Under Section 504 it is illegal to deny students with disabilities the right to participate in extracurricular activities. Section 504 also prohibits the provision of different services to students with disabilities unless such action is necessary to provide the student with aid, benefits or services that are as effective as those provided to others.

Section 504 applies to students with disabilities who are in regular as well as special education classrooms. Under Section 504, schools and other Federally funded programs must provide free and appropriate public education (FAPE) and "auxiliary aids and services" to meet the individual educational needs of students with disabilities.

Parents can use 504 to request a "reasonable accommodation" for a child with a disability. Schools are not obligated to accept the parents' accommodations, if the school can meet the child's needs with a different accommodation. If the school can prove the accommodation would impose an "undue hardship", it would not have to grant a request for reasonable accommodations. In most cases, it is very difficult for the school to prove "undue hardship."

Examples of "reasonable accommodations" include modified homework requirements, provision of taped textbooks, changes in the way tests are given, provision of a teacher's aide, and preferential classroom seating.

Section 504 requires a written plan, sometimes referred to as an Individual Determination Plan, which includes a description of services and/or accommodations.

To be in compliance with Section 504, a school district must:

• designate an employee to coordinate compliance,
• develop grievance procedures,
• provide notice of non-discrimination in admission or access to its programs or activities, and
• provide parents or guardians with procedural safeguards.

If the school has not complied with any of these requirements, parents may consider filing a complaint. (See section on filing complaints with OCR).

The Americans with Disabilities Act (ADA) extends the same protections against discrimination available under Section 504 to other entities. It applies to public schools, but it also applies to the private sector, including private, non-sectarian schools. The ADA may also provide stronger rights than Section 504 regarding physical accessibility.

The Maine Human Rights Act (MHRA) provides that it is unlawful to exclude participation in any educational activity on the basis of physical or mental disability. Under this law, for example, it would be illegal to deny a person with disabilities equal opportunity in athletic programs.

Under this law, it is a civil right not to be discriminated against in regards to participation in educational counseling, vocational guidance, apprenticeship, and on-the-job training programs.

The Family Educational Rights and Privacy Act (FERPA), which is also referred to as the "Buckley Amendment", gives to all parents and guardians of students the right to see, seek correction of , and control access to student records. The school has up to 45 days to grant a parent's written request to see the records. If a PET or hearing is coming up, however, the school must comply with requests "without unnecessary delay" (and in no case shall the school take more than 45 days).

Parents can challenge the content of the student's education records. If the school refuses to amend or delete the offending record, the parent is entitled to a hearing. Even if the hearing officer does not rule in favor of the parent, the parent has the right to place a statement in the record commenting on the contested information in the record. Parents have the right to place a statement in the record even if they do not request a hearing.

Complaints regarding FERPA violations can be filed with the: Family Policy and Regulations Office,
U.S. Department of Education,
Washington, D.C. 20202.

Many FERPA rights are incorporated within Maine State Special Education regulations for students who are eligible for special education services (Chapter 101, Section 15).

Under Chapter 101 and Chapter 180, if a parent requests the school or Child Development Services (CDS) Site to amend education records that are misleading, inaccurate or a violation of the student's privacy, the school has 15 days to either amend the records or advise the parent of an opportunity for a hearing. CDS provides education for eligible children as early as three years of age. (See Chapter 2 for more details on CDS.)

The teams are responsible for:

• reviewing existing evaluations, observations by team members and classroom performance data;
• recommending additional evaluations;
• determining the extent to which the student's disability affects his/her educational performance;
• developing, reviewing and revising IFSP's or IEP's;
• determining the least restrictive educational alternative in which to implement the student's IFSP or IEP; and
• determining placement.

At a minimum a team meeting must include the following members:

• the parent(s) or someone acting in that role such as the child's legal guardian or surrogate parent;
• the student's special education teacher, or an individual qualified to provide special education;
• if this is an Early Childhood Team meeting, a Child Development Services staff member authorized to commit resources and an administrative case manager;
• if this is a Pupil Evaluation Team, the student's regular education teacher(s) or teacher representative and the Special Education Director or another administrator authorized to commit resources and ensure the delivery of services;
• at the discretion of the parent or school, other individuals who have knowledge or special expertise regarding the student, including supportive services personnel or advocates (the determination of whether an advocate or friend has "special expertise" is solely for the parent to make);
• an individual who can interpret the instructional implications of evaluation results;
• the student where appropriate; and

Parents can seek to limit the number of people attending PET meetings by contacting either the principal or special education director to see what alternatives are possible. For example, if assessments are provided prior to the meeting, certain support personnel may not need to attend. In addition the number of regular education teachers can be limited.

Students of all ages should be encouraged to attend PET meetings, particularly in annual reviews. When the student turns 14, or younger where appropriate, the IEP must begin to plan the transition from school to post-school life and look at how courses can be chosen and services provided to make that transition successful. When the student turns 16, the PET must develop a transition plan. When a PET will be discussing transition issues, the school is required to invite the student. (The PET is also required to take into account the student's preferences when drafting the transition component of the IEP.)

IDEA requires that an IEP or IFSP be in effect before special education and supportive services are provided to a child.

Each school unit or Child Development Services Site must implement the IEP or IFSP as soon as possible following the PET or ECT meeting. In any event, an IEP shall be implemented no later than 30 days after a PET meeting where a student is initially identified as being eligible for special education services. The IFSP for children ages 0-2 must be implemented no later than 45 days from the Site's receipt of the referral, and the IFSP for children ages 3-5 must be implemented within 30 days from identification.

A copy of the IEP must be provided to the parents within 21 school days of the PET meeting at which the IEP was developed. It is a good policy for IEP's to be signed by parents, but there is no requirement under IDEA to do so.

However, parents must sign the IFSP, to indicate both informed and voluntary consent. Children receiving special education services must have their IEPs reviewed and revised at least once each year. The annual requirement is only a minimal expectation. All IFSPs must be reviewed every six months. If parents believe that their child is not progressing satisfactorily or that there is a problem with the current IEP or IFSP, they have the right to request a PET or ECT meeting.

PET decisions are made by consensus of the members present. If the PET is unable to reach an agreement on a particular issue:

1. members of the PET may include dissenting or minority opinions within the minutes;
2. the school administrator may reconvene the PET at a later time; or
3. the team may use whatever method is acceptable to those present in order to reach a decision.

If the PET is deadlocked and unable to agree on a method to make a decision, the school administrator makes the determination subject to the parent's right to a due process hearing.

If the IEP proposed for a student represents the student's initial placement in special education, written consent from a parent is required before placement can occur. In the absence of such consent, a school may initiate a due process hearing to determine whether the student may be initially placed without parental consent.

If a child is receiving special education services, the school, after providing notice to the parents and convening a PET meeting, may revise the IEP without obtaining parental consent, unless the parent initiates a due process hearing.

In order for an ECT to decide on an IFSP, informed and voluntary consent of the parent is required.

No, but IDEA requires procedures be followed to ensure the opportunity for parental participation in the PET/IEP process.

The school has a responsibility to seek parent involvement. If neither parent can attend the PET meeting, the school must keep records showing how they tried to find a time and place convenient for the parents.

• Parents notified early enough for them to participate? (At least 7 days prior to the PET/ECT).
• Scheduled at a mutually convenient time and place?
• Parents notified of time, location, and participants?
• Individual or conference telephone calls arranged for parents or other participants who could not attend?
• Notice written in native language of the parent?

If any of these procedural rights are violated, parents should consider filing a complaint.

Parents have the right to tape PET meetings.

The right of a parent to tape record ECT meetings is not clearly addressed in the applicable law. However, nowhere is it specifically denied, and there are suggestions that it should be permitted. Therefore, parents should assume that they have this right until it is proven otherwise.

(Additional guidance for PET/ECT meetings can be found in Supplement 3 and Supplement 4.)

The IEP/IFSP is a written plan for meeting a student's unique special education needs. The IEP/IFSP is developed during a PET/ECT meeting with the input of parents, school personnel, and other knowledgeable individuals.

The IEP/IFSP sets out educational goals for the child and the services required in order for the child to achieve them. An IEP/IFSP should contain:

1. A description of the child's disability and the impact upon current level of educational performance in academic and non-academic areas;

2. Annual educational goals and short-term instructional objectives that are measurable;

3. Specific special education and supportive services to be provided, including staff positions responsible for providing each service, and how often your child will receive each service;

4. The extent to which your child will take part in the regular education program;

5. A list of accommodations needed in the regular classroom that are necessary to ensure a child's participation in the regular classroom (Chapter 101, Section 9.3);

6. Projected dates for beginning services and the duration of those services (not to exceed l2 months);

7. Appropriate objective criteria and evaluation procedures and schedules for determining whether the short-term instructional objectives are being achieved;

8. A summary of any necessary special education transportation;

9. A description of any assistive technology devices and services required;

10. Beginning no later than age 14, a statement of needed transition planning or services for students, including a statement of interagency responsibilities or linkages;

11. Student participation in the general curriculum and state or district-wide assessments, with student progress to be reported at least quarterly; and

12. Other numerous factors, as relevant, including behavior issues (requiring positive behavior interventions to be considered), and the specific communications needs of the child, if he or she is blind or visually impaired, deaf or hard of hearing, or has limited English skills.

In addition to the above, the IFSP contains:

13. With the concurrence of the family, a statement about the family's strengths and needs related to enhancing the development of the child and the role of the family in implementation of the IFSP;

14. To the extent appropriate, other service needs such as medical and social services the child needs but that are not required under this part and, if necessary, the steps to secure those services through public or private resources; and

15. The name of the service coordinator, if one is assigned, responsible for the implementation of the IFSP.

IEP's for students between the ages of 15 and 20 shall specify the projected graduation date. The PET may make accommodations and adaptations to graduation requirements to reflect the unique skills and abilities of the student.

If the student can benefit from consultation services, these services are to be provided by a certified special education consultant or teacher in order to assist regular education teachers in modifying or adapting the regular curriculum.

Monitoring services must be provided if the student is in transition from a special education program to a regular program. Services must include at least quarterly meetings to discuss the student's program and his or her progress in that program.

Parents are advised NOT to agree to an IEP/IFSP when they think any of the following is true.

• The evaluation or assessment is inadequate.
• The parents' views were ignored.
• The IEP/IFSP is not responsive to the child's individual abilities and needs.
• The services being offered by the school are not what was expected or wanted and the parent is not convinced that these services are appropriate.
• The child is in too segregated a setting.
• The IEP/IFSP is a continuation of a program in which the child is showing little progress.

Parents may find it helpful to review their rights regarding special education before signing the IEP form. (Note: It is not a violation of IDEA if a school district does not require signing of an IEP. An IFSP, however, is not valid without a parent's or legal guardian's signature.)

IDEA does not require that any agency, teacher, or other person be held accountable if a child does not achieve stated goals or objectives in a student's IEP. If the student is not meeting goals and objectives in the IEP, that may be a sign that the program itself is inappropriate. Parents should consider reconvening the PET/ECT meeting to discuss goals and objectives and modifying the educational strategies being used, or requesting an independent evaluation.

Teachers, service providers and school and Child Development Services personnel are required to provide the services specified in the child's IEP or IFSP. If services specified in the IEP/IFSP are not delivered, parents should consider filing a complaint with the Superintendent, regional Child Development Services Board of Directors or Maine Department of Education. (See complaint process in Chapter 6).

(Additional assistance in preparing and evaluating IEP's and IFSP's can be found in Supplement 5 and Supplement 6.)

"Transition services" refers to those activities needed by students with disabilities ages 14 (or younger if appropriate) to promote movement from school to post-school activities (e.g. employment, etc.).

These services need to be described in a student's IEP. The student's preferences should be taken into account in developing this aspect of the IEP. If a participating agency fails to provide agreed upon services, the PET must reconvene to discuss alternative strategies.

If the PET or ECT determines that a student needs "assistive technology or services" (e.g. computers, auditory trainers, facilitated communication, etc.) in order to receive FAPE, the school or Child Development Services Site must ensure that they are made available.

IDEA ensures that local school districts and regional CDS sites comply with procedures by means of a monitoring process. This process includes a review by the Department of Education of all aspects of special education services provided by a school unit or CDS site.

The review also determines whether the school or CDS site provides accessible services for, or discriminates in any way against, students with disabilities.

The result of this review is a "Letter of Findings" which describes significant strengths and weaknesses and any Corrective Action Plan required. Letters of Findings and Corrective Action Plans are public records and must be made available to parents on request in accordance with the Freedom of Information Act (although a simple request to the school superintendent or CDS Board would be a sensible first step).

For special education purposes, a suspension is a disciplinary action taken by an authorized school administrator or school board which results in the temporary discontinuation of all educational services and the removal of the student from the school facilities for a period from one to 10 school days.

Expulsion means the termination of all educational services by a school board for a student who has been deliberately disobedient, deliberately disorderly, or for infractions of violence or possession, furnishing of or trafficking of any scheduled drug as defined in Maine statute.

Students with disabilities are protected from suspension and expulsion under both Section 504 and IDEA. Here is a summary of the current law regarding discipline:

The 10 day rule (for school personnel):

1. School personnel may order a change in the placement of a student with a disability to an "appropriate interim alternative educational setting," another setting, or suspension for not more than 10 school days, to the extent such alternatives would be applied to students without disabilities.

The 45 day rule (for school personnel):

2. School personnel may order a change in the placement of a student with a disability to an "appropriate interim alternative educational setting" for not more than 45 days if:

1. The student carries a weapon to school or to a school function, or
2. The student knowingly possesses or uses illegal drugs or sells or solicits the sale of a controlled substance while at school or a school function.
3. The term "weapon" means "weapon, device, instrument, material, or substance, animate or inanimate, that is used for, or is readily capable of, causing death or serious bodily injury, except that such term does not include a pocket knife with a blade of less than 2 ½ inches in length."

Appropriate interim alternative educational setting:

3. The "appropriate interim alternative educational setting" is determined by the IEP team.

Functional behavioral assessment and behavioral intervention plan.

4. Either before or not later than 10 days after taking such disciplinary action, the school must convene a PET meeting to develop an assessment plan to address the behavior that resulted in the suspension, if the school had not previously conducted a functional behavioral assessment and implemented a behavioral intervention plan for the student. If the student already has a behavioral intervention plan, the PET must review the plan and modify it as necessary to address the behavior.

The 45-day rule (for a hearing officer):

5. A due process hearing officer may order a change in the placement of a child with a disability for not more than 45 days if he or she:

1. Determines that the school has demonstrated by substantial evidence that maintaining the current placement of the student is substantially likely to result in injury to the student or others;
2. Considers the appropriateness of the student's current placement;
3. Considers whether the public agency has made reasonable efforts to minimize the risk of harm in the student's current placement, including the use of supplementary aids and services;
4. Determines that the interim alternative educational setting enables the student to:
   1. Continue to participate in the general curriculum, even though in another setting; and
   2. Continue to receive those services and modifications, including those described in the student's current IEP, that will enable the student to meet the goals in the IEP; and
5. Determines that the setting includes services and modifications designed to address the student's behavior so that it does not recur.

A manifestation determination for changes in placement for more than 10 days:

6. If a school seeks to make an alternative placement or a hearing officer orders an interim alternative placement for the situation discussed above or if the school is contemplating a change in placement for more than 10 days for a student with a disability who has engaged in other behavior that violated any rule or code of conduct of the school that applies to all students, then the school:

1. must, no later than the date the decision was made to take such action, notify the parents of the decision and all procedural safeguards under the statute, and
2. must immediately, but no later than 10 school days after the date the decision is made, conduct a review of the relationship between the student's disability and the behavior which caused the disciplinary action (this review is generally called the "manifestation determination")

7. The "manifestation determination" review must be conducted by the PET and "other qualified personnel."

8. The manifestation review may determine that the behavior of the student was not a manifestation of the student's disability ONLY IF the team:

1. Considers all relevant information, including:
   1. Evaluation and diagnostic results, including those provided by the parents,
   2. Observations of the student, and
   3. The student's IEP and placement; and
2. Determines that:
   1. With respect to the behavior for which the school seeks to discipline the student, the IEP and placement were appropriate, and that the special education services, supplementary aids and services, and behavior intervention strategies were provided consistent with the student's IEP and placement;
   2. The student's disability did not impair the ability of the student to understand the impact and consequences of the behavior; AND
   3. The student's disability did not impair the ability of the student to control the behavior.

If the behavior is not found to be a manifestation of the disability:

9. If the behavior is not found to be a manifestation of the disability, the regular education disciplinary procedures may be utilized. Special education service may be halted until the 11^th suspended day in a given school year.

Parents right to appeal to a hearing officer:

10. Parents who disagree with a manifestation determination review finding that the behavior was not related to the disability or with an alternative placement decision may request a due process hearing, including an expedited hearing if they wish. The hearing officer uses the same process and factors described above to review the PET's determination regarding manifestation, and the same procedures and consideration he or she would have used if making an interim alternative placement determination.

Student placement during an appeal:

11. If a parent appeals either:

1. a 45-day placement made by the school system, or
2. an alternative 45-day placement made by a hearing officer, or
3. a manifestation decision made by the PET,

the student remains in the 45-day alternative placement, pending the decision of the hearing officer or the expiration of the 45 days, whichever comes first.

Student placement after the 45 days:

12. If a student is in a 45-day alternative placement and the school system plans to change the placement, the student must be returned to his or her original placement at the expiration of the 45 days. If, however, the school system thinks the student is dangerous, it can request an expedited hearing and attempt to convince the hearing officer that the student should not return to that placement.

Students not eligible for special education:

13. Students not yet eligible for special education are protected by the special education procedures in the discipline process if the school system had knowledge, prior to the behavior leading to the disciplinary action, that the student was eligible for special education. A school system is considered to have knowledge if:

1. the parent, unless illiterate, expressed concerns in writing to school system personnel regarding the student's need for special education,
2. the behavior or performance of the student demonstrated the need for special education, or
3. the teacher or other school system personnel expressed concern about the student's behavior or performance to the system's special education director or other personnel.

14. If the parent of a not yet identified student requests special education assessment during the disciplinary process, the assessment shall be expedited and, if the student is found eligible, the school system shall begin to serve him or her. Pending the results of the assessment, the student remains in the placement chosen by the school system. The parents and the PET must approve the change in placement.

If a parent cannot get satisfaction through the PET/ECT process or informal negotiations, he or she has other options.

Due process hearings are scheduled when parents, legal guardians, surrogate parents, schools or regional CDS Boards of Directors submit a written request for a hearing with Maine's Department of Education. During due process hearings, parents and school or CDS personnel present evidence to an impartial hearing officer, who then makes a decision.

Disagreements concerning a child's eligibility for special education, identification, disability, evaluation, program, or placement can all be addressed through hearings. Maine's special education hearing procedures are explained in great detail in Chapter 101 and Chapter 180, Maine's Special Education Regulations.

Hearings must be held within 30 days of the Department's receipt of the request for hearing. The Department will encourage the parties to resolve their disagreement through mediation, but engaging in mediation does not extend the 30-day time limit in which a hearing must be held.

Parents can be represented at a hearing by an attorney and have the right to present evidence and to confront, cross-examine, and compel the attendance of witnesses.

After the hearing is concluded, and within 45 days of the Department's receipt of the parents' hearing request, the hearing officer will issue written findings of fact and a written decision. Parents have the right, if the decision is not satisfactory, to appeal to Maine Superior Court or to the U.S. District Court. For Superior Court, the time limit within which appeals must be filed is 30 days of receipt of the hearing officer's decision. The U.S. District Court may elect to apply the same time limit. You should therefore assume, to be safe, that 30 days is also the limit for bringing an appeal in that Court.

To obtain reimbursement for attorney fees and other hearing expenses, parents must prevail in the special education hearing and reimbursement must be ordered by a court of appropriate jurisdiction. Expenses can also be obtained when an out-of-court settlement has been agreed to by both parties.

During any due process or judicial proceeding (or any complaint investigation or mediation) regarding the identification, evaluation, program or placement of a student with disabilities, the student must remain in her or his current educational placement unless:

1. the school and parents agree otherwise; or

2. a court has granted an injunction to remove the student from such a placement.

This is known as the "stay-put" provision of IDEA.

If the proceeding involves an application for initial admission to public school, the student (with the consent of the parents) will be placed in the regular school program until the completion of all proceedings.

NOTE: The discipline provisions outlined previously create a number of exceptions to the "stay-put" concept.

In contrast to a due process hearing, mediation is a flexible, informal way of resolving differences through understanding and compromise of the differing viewpoints. Mediation can be used to resolve disagreements about a student's identification, evaluation, program or placement.

In Maine, mediation is an optional process offered to parents and schools or regional CDS Boards of Directors by request to the Maine Department of Education (MDOE). MDOE cannot force the parent, the school or the regional CDS Board of Directors to mediate.

In many cases it is preferable to file for a hearing prior to agreeing to mediation, or to request mediation at the same time as requesting a hearing. If a hearing has already been scheduled at the time the mediation is held, it provides additional incentive to resolve the issues through the mediation process.

If parents choose to be represented by an attorney at mediation, the school may also be represented.

NOTE: The school cannot be represented by an attorney if the parent is not.

Parents can file a complaint concerning any problem. The advantage of filing a complaint is that a complaint investigator conducts an informal fact-finding session without a formal presentation by either side of the case. Thus, representation by legal counsel is not necessary for school districts, CDS Sites or parents.

In most situations, if students are denied FAPE because of procedural violations (such as failure to give seven-day notice of PET meetings) or if an IEP or IFSP was not implemented, a complaint should be filed rather than requesting a due process hearing.

Some problems such as eligibility, evaluation, program and placement are more likely to be resolved through the Hearing or Mediation process.

Substantive problems, however, are more appropriately addressed by complaints than by hearings in at least two situations:

1. to correct a systemic school district problem (because a hearing officer's decision affects only one student); or

2. if a parent is intimidated by the hearing process.

One consideration when the parent's choice is between requesting mediation without going to a hearing, or filing a complaint, is that mediation agreements can be more difficult to enforce than the Corrective Action Plans that result from a complaint investigation.

Parents can request a booklet entitled Maine Department of Education Special Education Complaint Investigation Procedures from the Maine Department of Education. For further information, parents can contact the phone duty consultant through the Division of Special Education at 287-5950.

Complaints should be sent to the State to:

Commissioner of Education
Maine Department of Education
Division of Special Education
State House Station #23
Augusta, ME. 04333

Within 15 days you should be notified about receipt of your complaint. Within 45 days of this notification the investigation of the complaint should be completed and you should receive a written report.

If it is determined that the school or CDS site failed to comply with federal or state special education law, the school or CDS site must furnish documentation, within 30 days of its receipt of the Complaint Investigation Report, that it has complied with the Corrective Action Plan.

The Department has a standard Dispute Resolution Request form to be used by parents in filing a complaint, requesting mediation or requesting a hearing. Use of this form ensures that all necessary information will be provided. A copy of the form is included in Supplement 8 of this manual.

A parent can also always file a complaint about a violation of special education regulations with the superintendent of the local school district or the regional CDS Board of Directors. Chapter 101 specifies that, where the complaint is to a superintendent, he or she will appoint someone to investigate the complaint and to recommend to the superintendent, within 30 days, any corrective action necessary to ensure compliance.

For violations by school districts or CDS sites under Section 504, parents have three options:

1. Filing a complaint with the local school district's or CDS site's 504 Coordinator;

2. Filing a lawsuit in U.S. District Court; or

3. Filing a complaint with the Office for Civil Rights (OCR) in the U.S. Department of Education.

The address for the Office for Civil Rights in Maine's region is:

U.S. Department of Education, Region I
Office for Civil Rights 
33 Arch Street, 
Ste. 900,
Boston, MA 02110-1491
Telephone: (617) 289-0111 TTY: (877) 521-2172

OCR will investigate the complaint, and may send someone to meet with parents and the school to discuss the problem and to work out a solution.

For a copy of OCR Complaint guidelines, contact OCR at the above address or the Disability Rights Center (DRC).

To receive a copy of:

1. Maine's Special Education Regulations for preschool (Chapter 180) and for school-aged students (Chapter 101), or;

2. The Family Educational Rights to Privacy Act (FERPA, sometimes known as the Buckley Amendment), or;

3. The federal IDEA regulations

contact:

Maine Department of Education
Division of Special Education
23 State House Station
Augusta, ME. 04333
Telephone: (voice) 624-6650 (TTY) 624-6800 (fax) 624-6651
Website: www.state.me.us/education/speced/specserv.htm

To receive a copy of:

1. Section 504 of the Rehabilitation Act of 1973 or

2. The OCR Complaint Process guidelines,

contact:

Office of Civil Rights, Region I
U.S. Department of Education
33 Arch Street
Ste. 900
Boston, MA 02110-1491
Telephone: (617) 289-0111  (877) 521-2172TTY
(617) 223-9324 FAX E-Mail: www.ed.gov/ocr

To receive a copy of the Americans with Disabilities Act

contact:

Government Printing Office
Superintendent of Documents
Washington, D.C. 20402
Telephone via modem: 304-766-7842

To obtain an order form for the ADA handbook, which includes the statute and regulations for Titles I, II, and III:
Call 800-669-3362.

To receive a copy of the Maine Human Rights Act:

contact:

Maine Human Rights Commission
State House Station 51
Augusta, ME 04333
Telephone: 624-6050

From an educator's viewpoint, the goals of involving parents should include:

1) meeting the legal rights of parents to be informed and to help make decisions;

2) obtaining life-at-home information about the child;

3) using the parents' ideas to set goals and objectives;

4) enlisting the parents' help in carrying out certain learning projects at home; and

5) reinforcing the parent-child relationship and the parent's sense of competence in his or her parenting role.

If these goals are not being accomplished, educators and parents need to talk together to determine what is hindering and what will encourage a more active role for the parents. The following are a few factors to consider.

Barriers

1. Many parents unfortunately define an "active role" in PET/ECT meetings as simply agreeing with teachers or other providers of services.

2. Many IEPs/IFSPs are improperly developed by school staff or other service providers prior to the PET/ECT meeting.

3. School and special services staff frequently use terms which are "jargon" - terms which parents may not understand.

4. School and special services staff often rank parental contributions as less important than their own contributions.

5. IEP/IFSP training for parents often focuses on legal requirements and neglects to teach parents how to participate in developing their child's IEP/IFSP.

Clues

6. More contributions are made by parents when:

• both parents and teachers receive training aimed at increasing parental participation;
• parents know how information will be used;
• parents review a set of questions on IEP/IFSP topics prior to the PET/ECT meeting;
• parents gather information on their child and their family routine in a goal-directed manner;
• parents have additional meetings with their school-community liaison or parent advisor;
• parents ask questions when they don't understand something; and
• parents are accompanied by another parent or knowledgeable person.

Based on research reported in Lisbeth Vincent and Joan Brinkerhoff, "Increasing Parental Decision Making at Their Child's Individualized Educational Program Meetings" (August l986).

Because each child has individual needs, what happens during a PET/ECT meeting and the nature of the parent's involvement may vary from one student to another. Here are some suggestions:

• Write down and bring to the meeting a list of programs or services you want to have included in your child's IEP/IFSP, along with questions you want an-swered at the meeting.
• Find out from the chairperson the reasons for the meeting and amount of time scheduled for the meeting.
• During introductions, make sure you find out who the other participants are, their positions or relationship to your child and their reasons for being at the meeting.
• Listen carefully to summaries of any reports and tests. Get copies of any evaluations and reports well before the PET/ECT meeting and discuss them with whoever did them. Analyze them yourself or with a friend and decide whether they seem accurate and whether they jibe with your knowledge of your child.
• Ask questions if you do not understand the nature of a test that has been conducted or the meaning of specific terms. Keep asking questions until you are sure you understand what the tests were meant to measure and how your child's performance compares to that of other children of the same age.
• Share your own ideas and observations. This could include how your child feels about school, how he or she behaves away from school, how he or she gets along with friends and family members and so on.
• Bring to the Team's attention things that are said about the child which you find surprising or contrary to your perspectives and knowledge.
• If you are satisfied with your child's program say so. If you are dissatisfied, upset or just uncertain, let the team know.

1. Why was my child referred for an evaluation?

2. Who made the evaluations and what methods were used?

3. How are my child's disabilities identified at this time?

4. What describes my child's strengths and learning style?

5. What describes my child's limitations and special needs?

6. What are some examples of my child's class work?

7. What gains or setbacks have team members observed in my child's learning this past year?

8. How does my child relate to classmates?

9. What may my child reasonably accomplish this year in areas of communication, daily activities, mobility, math, etc.?

10. What independent living and pre-employment skills will my child need to work on right now?

11. Who is to provide the recommended services?

12. If placement is recommended, what should that placement involve?

13. What effect will the services and setting have on meals, transportation, and contact time with students without disabilities of the same age?

14. Do we all agree with the recommendations for my child?

15. What methods should be used to evaluate my child's progress?

16. Whom should I be in contact with and how often should we meet to discuss my child's progress?

17. When should my child's IEP/IFSP be reviewed again?

18. What learning activities for my child shall I carry out at home?

19. What type of observations would be good for me to record and bring to the next PET/ECT meeting?

20. When will I receive a personal copy of my child's completed IEP/IFSP form?

The main parts of the IEP, as listed below, are:
the Statements,
the Meaning,
an Illustration (in this instance - mobility).

Performance Level: Describes the effect of the child's disability on performance in any area of education affected (communication, mobility, daily activities, math, etc.) as determined by tests, interactions and observations of parents and teachers.
Illustration: David is able to walk short distances but only with assistance.

Goals: Describes what the child can reasonably be expected to accomplish in terms of measurable skills and knowledge within a twelve-month period.
Illustration: David will improve his coordination and balance.

Objectives: Describes measurable intermediate steps between the level of performance and the annual goals. Often includes what the child will do, under what conditions, and how success will be measured.
Illustration: David will move hands and feet appropriately in response to single rhythm-clapping, shaking rattle, etc. for fifteen minutes three times each day.

Services: Describes the type and amount of specially designed instruction to be provided; the supportive services that enable the student to attend school (transportation, speech therapy, physical therapy, etc.); and the regular education classes and/or activities in which the child will participate with peers who have no disabilities.
Illustration: A physical therapist will work with David 30 minutes each week. David will eat lunch in the cafeteria with the regular education students daily.

Timeliness: Describes when services will begin and how long they will be provided.
Illustration: Date plan started: September 5, 2000 Date to be completed: May 30, 2001

Measurements: Describes concrete methods for determining how well objectives are being met and when those determinations will be made.
Illustration: Beginning April l, David's walking in response to a simple rhythm will be timed and a record will be kept by Miss Day for a one-month period.

Date ____________ Time _________

Participant's Names                           Position

_____________________________________________________________

_____________________________________________________________

_____________________________________________________________

_____________________________________________________________

_____________________________________________________________

Reports or Evaluations Discussed

_____________________________________________________________

_____________________________________________________________

_____________________________________________________________

_____________________________________________________________

_____________________________________________________________

_____________________________________________________________

Skill Area                                      Comments

Academic: -

Developmental Language: -

Physical/Motor: -

Emotional/Behavioral: -

Social: -

Self Help: -

Vocational/Pre-vocational: -

Statement of Annual Goals

l.

2.

3.

4.

Statement of Short Term Objectives

Objectives            Completion Date            Responsibility

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

Statement of Educational Services to Be Provided, the Date for the Beginning of Each Service, and the Anticipated Length of Time for Each Service.

Service to Be Provided       Beginning Date        Duration       Responsibility

l.

2.

3.

4.

5.

6.

7.

8.

Statement of Placement Alternatives

Placement Alternatives

1.

2.

3.

4.

5.

Least Restrictive Appropriate Placement

_______________________________________________________________

_______________________________________________________________

_______________________________________________________________

Report from Members of the PET/ECT Team Who Disagree with Team Recommendations and Why.

Comments:

[Date]

[Name of Special Education Director]
[Name of School]
[Address of School]

Dear [Name of Special Education Director]:

I am writing to request a comprehensive educational evaluation to determine what special education programs and services may be needed by my child, [child's name]. I believe my child has a disability and is eligible for special education because [describe the evidence that supports giving special education to your child, such as physician's reports].

Please advise me by [date] when the referral for evaluations will take place, who will be performing the evaluations so that I may give my consent and when the first PET meeting will be convened.

Sincerely,

[Your name]
[Your address]
[Your telephone number]

[Date]

[Name of Special Education Director]
[Name of School]
[Address of School]

Dear [Name of Special Education Director]:

I am the parent of [name of child]. My child's IEP for this year has not been written. Please schedule a PET meeting as soon as possible to write my child's IEP. Please contact me so that the meeting can be scheduled at a mutually agreeable time and place. Before the meeting, please send me a copy of the school's IEP form.

Thank you for your help. I look forward to hearing from you soon.

Sincerely,

[Your name]
[Your address]
[Your telephone number]

[Date]

[Name of Special Education Director]
[Name of School]
[Address of School]

      or

[Board of Directors]
[Regional Child Development Services Site]
[Address of Site]

Dear [Name of Special Education Director or Chairperson of Board of Directors]:

I am the parent of [name of child]. I recently reviewed my child's IEP/IFSP which was developed in [month, year], and I believe it is [out of date, incomplete, based on insufficient evaluation information, etc.]. I request that a PET/ECT meeting be held as soon as possible to review and, if necessary, to revise my child's IEP/IFSP. Please contact me so that the meeting can be scheduled at a mutually agreed upon time and place.

Thank you for your help. I look forward to hearing from you soon.

Sincerely,

[Your name]
[Your address]
[Your telephone number]

[Date]

[Name of Special Education Director]
[Name of School]
[Address of School]

      or

[Board of Directors]
[Regional Child Development Services Site]
[Address of Site]

Dear [Name of Special Education Director or Chairperson of Board of Directors]:

I am the parent of [name of child]. I recently reviewed my child's evaluation and it is [out of date, incomplete, inappropriate due to growth and changes, etc.]. I request that my child be re-evaluated. Please tell me in writing who to contact to schedule a re-evaluation.

Thank you for your help. I look forward to hearing from you soon.

Sincerely,

[Your name]
[Your address]
[Your telephone number]

[Date]

[Name of Special Education Director]
[Name of School]
[Address of School]

      or

[Board of Directors]
[Regional Child Development Services Site]
[Address of Site]

Dear [Name of Special Education Director or Chairperson of Board of Directors]:

I am the parent of [name of child]. I do not believe that the school's evaluation of my child is appropriate.

Please tell me in writing where I may obtain an independent evaluation. Also, please inform me in writing concerning the criteria under which an independent evaluation must be conducted so that it meets the criteria the school uses in its assessment.

I understand that the school must pay for the independent evaluation unless it can prove in a due process hearing that its assessment was appropriate. Please inform me immediately if the school will be requesting a hearing. I will contact you to arrange for billing of the independent evaluation, and I will send you the results of the independent evaluation. I understand that it must be considered in any future decisions about my child's education.

Thank you for your help. I look forward to hearing from you soon.

Sincerely,

[Your name]
[Your address]
[Your telephone number]

[Date]

[Name of Special Education Director]
[Name of School]
[Address of School]

      or

[Board of Directors]
[Regional Child Development Services Site]
[Address of Site]

Dear [Name of Special Education Director or Chairperson of Board of Directors]:

I am the parent of [child's name], a child with a disability who receives education services at [name of school]. Please inform me in writing about the kinds of education records you have on [child's name]. Please tell me where all these records are kept, and who I should contact so I can look at them and have copies made.

Thank you for your help. I look forward to hearing from you soon.

Sincerely,

[Your name]
[Your address]
[Your telephone number]

To: Due Process Coordinator, Special Services Team, Maine Department of Education, Station #23, Augusta, ME 04333-0023 Date of Receipt by DoE:

Type of due process requested (select one):

___ Mediation ___ Complaint ___ Hearing ___Expedited Hearing

If requesting a complaint or a hearing are you willing to participate in mediation? __ Yes __ No

(A mediation will not interfere with the timelines for a complaint or a hearing.)

Parent's name:

Address:

Telephone: Home:_____ - ______ Work:_____ - ______ Fax:_____ - ______

Student's name:

Date of Birth: ____/____/____ Disability:

If the complainant is any person other than the student's parent or legal guardian, OR if the student is 18 years of age or older, and not subject to legal guardianship, the signature of the parent or legal guardian/adult student is required in order to release personally identifiable information as part of the dispute resolution process.

____________________________ Signature of parent/legal guardian/adult student.

Student's Residence (if different from parent):

School district the student attends:

School:                 Grade:

Is the student tuitioned to the school listed above? ____ Yes ____ No

If Yes, from which town or district?

Attorney / advocate:

Address:

Telephone: (_____)_____ - _______ Fax: (_____)_____ - _______

Describe the nature of the problem and any facts relating to the problem. (Attach additional pages if necessary.):

How could this problem be resolved? (Attach additional pages if necessary.):

What actions has the school taken to address the problem?:

Did you notify the school of this problem? ____ Yes ____No

Person notified: _________________________ Date notified: ___/___/___

How you notified the school:

(MSER §13.2B)

Did you notify the parent or adult student of the initiation of this request for due process? ____ Yes ____No

Person notified: _________________________

Date notified: ___/___/___

* Attach copy of letter from Superintendent to parents or adult student (MSER § 13.2C)

Signature of individual submitting request:

___________________________________________ Date: ____/____/___

• The superintendent or special education director of the school district
• The Maine Department of Education, Due Process Office - 624-6644 fax: 624-6641, email: patricia.neumeyer@state.me.us
• The Special Needs Parent Information Network (SPIN) - 1-800-870-7746

Note to parents requesting a due process hearing: Recent amendments to state and federal laws concerning special education services for students with disabilities requires parents or their attorneys to provide the information contained within this form to the State Department of Education and the local school district. Failure to provide this information may result in a reduction in the award of any attorney fees. (20 U.S.C. §1415 (b)(7), (i)(3)(F)) and Title 20-A MRSA § 7207-B, §§3-A.

The Disability Rights Center (DRC) is a private, nonprofit corporation that is independent of all Federal and state agencies. DRC provides a continuum of information, support and advocacy services to adults with disabilities and parents of children with disabilities. This section describes only the services related to educational matters.

INFORMATION AND SUPPORT SERVICES:

Parents frequently call us requesting advocacy services without having a clear understanding of what our agency is funded to do.

When you contact DRC for information, you may be referred to the Maine Parent Federation, the Learning Disabilities Association, Cumberland County Parent Awareness or Western Maine Parent Awareness. Also, you will typically be sent a packet of information that includes:

• A copy of our Parents as Advocates Handbook that explains a parent's or guardian's rights under Federal and state laws pertaining to special education.
• A copy of the Maine Complaint Procedures Guidelines and guidelines for filing a complaint to the Office of Civil Rights in Boston.

An intake advocate will talk with you to discuss the issues or problems that you are having in obtaining appropriate educational services for your child.

ADVOCACY SERVICES

If parents are unable to obtain appropriate educational services for their child and are requesting advocacy services, DRC will first determine whether or not the parents could benefit from being assigned a volunteer Parent Advocate.

Parent Advocates are volunteer parents of children with disabilities who have been trained to assist other parents through the special education process.

DRC tries to "match" volunteer Parent Advocates with the parent needing assistance. We can't always do this because we do not have parent advocates available in all areas of the state. DRC provides ongoing consultation services and legal backup to our Parent Advocates.

Due to limited resources DRC must consider eligibility, case selection criteria and potential for self-advocacy when assigning a case to a staff advocate. Eligibility is determined by our Federal funders, DRC has developed case selection criteria with public input and DRC attempts to determine if a parent is able to resolve the situation without direct assistance.

In order for a child to be served by the Protection and Advocacy for Developmental Disabilities (PADD) program, a child must have a developmental disability which is defined as having three out of seven functional limitations (problems with self-care, learning, language, mobility, self- direction, independent living, or economic independence). These problems must be expected to be life-long, not completely remediable through the provision of educational services, and require extended or life-long treatment. Examples of developmental disabilities are mental retardation and autism.

In order for a child to be served by the Protection and Advocacy for Individuals with Mental Illness (PAIMI) program the child must have been diagnosed with a mental illness.

DRC case selection criteria on education cases include the following:

1) abuse in schools, including abusive aversive behavior modification programs or techniques;

2) exclusion from school or school programs (suspension, expulsion, building inaccessibility);

3) segregation (inappropriate placement in residential schools and in separate special-education only programs or classrooms);

4) denial, due to disability, of specific classes or activities other students enjoy.

DRC will not, as a general rule, advocate for placement of children with disabilities in residential treatment centers such as Spurwink or Sweetser because DRC believes that it is our role to ensure that children are educated in the "least restrictive environment." In order for DRC to advocate for RTC placements, there must be clear cut professional evidence that appropriate programming cannot be provided by the local school district.

In addition, most children with learning disabilities (LD) or Attention Deficit Disorder (ADD) or Attention Deficit Hyperactivity Disorder (ADHD) are not typically eligible for services by the Disability Rights Center under our Federal guidelines. DRC does have limited state funding to provide advocacy services for children with learning disabilities who have not yet been identified or who are more than 3 years behind their grade level.

Nearly one in two of our callers are parents of children with special needs. Because of this substantial need, the DRC is committed to increasing the state funding for special education advocacy.

If you are interested in becoming a parent advocate or in adding your name to our new database of parents interested in working with us for change, please call the Disability Rights Center.

Maine Parent Federation: A federal and state funded agency that provides information, referral and training (at not cost) for parents, families and professionals of children with special needs. Maine Parent Federation provides parent training workshops and has an extensive library regarding special education issues available. Also referred to as SPIN, which is a reference to one of the MPF's major federally funded projects. They can be reached at 1-800-870-7746.
P.O. Box 2067
Augusta, Maine 04338-2067
Website: http://www.mpf.org
Email: parentconnect@mpf.org

Gaining Empowerment Allows Results (GEAR) Parent Network: Provides special education training and emotional support for parents of children with special needs. Call the state-wide number to determine your local representatives. They can be reached at 1-800-264-9224.

Southern Maine Parent Awareness: A family-centered organization dedicated to providing information, support and training opportunities to families who have children with special needs. SMPA is committed to promoting partnerships among families, schools, communities and policy makers. They can be reached at 1-800-564-9696.
886 Main Street, Suite 303
Sanford, Maine 04073
Website: http://www.somepa.org

Western Maine Parent Awareness: A parent organization providing emotional support to families of children with special needs and insuring that Maine's children have access to individualized, family-centered services in their communities. They can be reached at 1-207-539-4080.
P.O. Box 640
Oxford, Maine 04270

Learning Disabilities Association of Maine: A nonprofit grassroots organization which provides direct consultation, information, and referral services to parents of children with specific learning and attention disabilities and assists them through support, education, and advocacy.  They can be reached at 1-877-208-4029.
P.O. Box 67
Cushing, Maine 04963

National Alliance for the Mentally Ill (NAMI) of Maine: A grassroots, non-profit organization dedicated to improving the quality of life of individuals affected by Mental Illness. Services include direct support and support groups. They can be reached at 1-800-464-5767.
PO Box 5120
Augusta, Maine 04332
Website: http://www.nami.org
Email: nami-me@nami.org

Maine Committee on Transition (COT):
Transition Councils help students with disabilities to transition from school to community living. Transition Council staff can help with formulating plans.

State Level

Janice LaChance, Chair
P.O. Box 2067
Augusta, ME. 04330
1-800-870-7746 or 207-623-2144

Pam Tetley, Program Director
P.O. Box 2219
Augusta, ME 04338-2219
1-800-328-9549 or 621-9878

Region I

Aroostook County
Wanda Holmes
P.O. Box 667
Presque Isle, ME 04769
1-800-464-7664 or 207-764-7664

Region II

Penobscot, Washington & Hancock Counties
Lori Stanley
P.O. Box 5671
Ellsworth, ME 04605
1-800-429-9922 or 207-624-6000

Region III

Penobscot and Piscataquis Counties
Tammy McKenney or Angel Carey
P.O. Box 4055
Brewer, Maine 04412
207-941-2855

Region IV

Somerset, Kennebec, Knox, Waldo, Lincoln & Sagadahoc Counties
Marion Greene
P.O. Box 2166
Augusta, ME 04338-2166
207-626-3429

Carol Brown
P.O. Box 19
Phippsburg, ME 04562
207-442-9655

Services for Children with Special Needs (SCSN)
SCSN is housed within the Department of Mental Health, Mental Retardation and Substance Abuse Services and provides case management, funding for in-home therapy and respite care services.

DMHMRSAS Regional Staff

Region I - Cumberland & York

Director
169 Lancaster Street
Portland, ME 04101
1-800-269-5208 or 822-0270
FAX: 822-0295

Team Leader
175 Lancaster Street
Portland, ME 04101
1-800-492-0846 or 822-0126
FAX: 822-0138

Children's Mental Health Coordinator
175 Lancaster Street
Portland, ME 04101
1-800-492-0846 or 822-0126

Region II - Somerset, Franklin, Oxford, Androscoggin, Kennebec, Waldo, Knox, Lincoln and Sagadahoc

Director
141 State House Station
Augusta, ME 04333
207-287-8118
FAX: 287-4052

Team Leader
141 State House Station
Augusta, ME 04333
1-800-675-1828 or 287-8118
FAX: 287-4052

DMHMRSAS
Services for Children with Special Needs
Children's MH Coordinator
Region 2-A, 56 State House Station
Augusta, ME 04333
1800-866-1814 or 287-7135

DMHMRSAS
Services for Children with Special Needs
Children's MH Coordinator
Region 2-L, 200 Main Street
Lewiston, ME 04240
1-800-866-1803 or 795-4500

Region III - Aroostook, Piscataquis, Penobscot, Washington & Hancock

Director
DMHMRSAS - 176 Hogan Road
Bangor, ME 04401
1-800-963-9491 or 941-4360
FAX: 941-4389

Team Leader
176 Hogan Road
Bangor, ME 04401
1-800-963-9491 or 941-4360
FAX: 941-4389

Children's MH Coordinator
P.O. Box 30
Presque Isle, ME 04769
1-800-767-9857 or 764-2123

DMHMRSAS Coordinator
176 Hogan Road
Bangor, ME 04401
1-800-963-9491 or 941-4360
FAX: 941-4389

Region V

Androscoggin, Oxford & Franklin Counties and parts of Cumberland County
Jennifer Stevens
P.O. Box 552
Rumford, ME 04276
207-364-8764

Debbie Mason
P.O. Box 592
Norway, ME 04268
207-743-7756 x 168

Region VI

Cumberland & York Counties
Betsy Morrison
c/o P.A.T.H.S.
196 Allen Avenue
Portland, ME 04103
1-800-639-2420 or 878-5166

If you need legal assistance and DRC is unable to assist you, the following legal resources are potentially available to represent parents in due process hearings or litigation.

For parents who qualify under Federal low-income guidelines, contact either Pine Tree Legal Assistance or the Volunteer Lawyers Project for assistance:

STATE LEGAL SERVICES

Pine Tree Legal Assistance

88 Federal Street
P.O. Box 547
Portland, ME 04104
774-8211

39 Green Street
P.O. Box 2429
Augusta, ME 04330
622-4731

61 Main Street
Bangor, ME 04401
942-8241

Volunteer Lawyers Project
P.O. Box 547
Portland, ME. 04112
800-442-4293 or 207-774-4348

Maine Lawyer Referral and Information Services*
Augusta, ME.
207-622-1460
*Parents may call and receive a referral to an attorney listed as an expert on education and a half-hour consultation for $20.00.

DRC wants parents to understand that when hiring a private attorney to handle a special education problem, you should discuss a fee arrangement up front and have it in writing.

NICHCY
National Information Center for Children and Youth with Disabilities
P.O. Box 1492
Washington, D.C. 20013-1492
(202) 884-8200 (Voice/TTY)
1-800-695-0285
(202) 884-8441 (FAX)
http://www.nichcy.org

LDA
Learning Disabilities Association of America
4156 Library Road
Pittsburgh, PA 15234
1-888-300-6710 or 1-412 341-1515
http://www.ldanatl.org

ERIC
ERIC Clearinghouse on Disabilities & Gifted Education
Council for Exceptional Children (CEC)
1920 Association Drive
Reston, VA 22091-1589
1-800-328-0272
http://www.cec.sped.org/ericec.htm

TAPP
Technical Assistance to Parent Programs Network
Federation for Children with Special Needs
95 Berkeley Street, Suite 104
Boston, MA 02116
(617) 482-2915, (800) 331-0688