Maine Revised Statutes Title 20-A Sec. 7206 – Investigation of noncompliance
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The following provisions apply to an investigation of noncompliance with this chapter. [PL 1981, c. 693, §§5, 8 (NEW).]
1. Complaint. An interested party may file with the commissioner a written complaint alleging that a school administrative unit or private school, intermediate educational unit or other public agency serving children with disabilities has failed to comply with this chapter. The complaint must allege a violation that occurred not more than one year prior to the date that the complaint is received or the complaint must request compensatory services for a violation that occurred not more than 2 years prior to the date the complaint is received.
[PL 2023, c. 449, §5 (AMD).]
Terms Used In Maine Revised Statutes Title 20-A Sec. 7206
- Agency: means an agency, school, organization, facility or institution. See Maine Revised Statutes Title 20-A Sec. 7001
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Commissioner: means the Commissioner of Education or the commissioner's designee. See Maine Revised Statutes Title 20-A Sec. 1
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Intermediate educational unit: means an entity that meets the definition of intermediate educational unit in the federal Individuals with Disabilities Education Act, 20 United States Code § 1402, (23) as in effect prior to June 4, 1997 and that is a public authority, other than a local educational agency, under the general supervision of the department, that is established for the purpose of providing free public education on a regional basis and that provides special education and related services to children with disabilities within the State. See Maine Revised Statutes Title 20-A Sec. 7001
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Private school: means an academy, seminary, institute or other private corporation or body formed for educational purposes covering kindergarten through grade 12 or any portion thereof. See Maine Revised Statutes Title 20-A Sec. 1
- Public school: means a school that is governed by a school board of a school administrative unit and funded primarily with public funds. See Maine Revised Statutes Title 20-A Sec. 1
- School administrative unit: means the state-approved unit of school administration and includes a municipal school unit, school administrative district, community school district, regional school unit or any other municipal or quasi-municipal corporation responsible for operating or constructing public schools, except that it does not include a career and technical education region. See Maine Revised Statutes Title 20-A Sec. 1
- Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
- Year: means a calendar year, unless otherwise expressed. See Maine Revised Statutes Title 1 Sec. 72
1-A. Determination of jurisdiction.
[PL 1993, c. 483, §1 (RP).]
1-B. Notification.
[PL 1993, c. 483, §1 (RP).]
2. Investigation; written report. The commissioner shall initiate, and complete within 60 days, an investigation and a written report.
A. [PL 1993, c. 483, §2 (RP).]
B. [PL 1993, c. 483, §2 (RP).]
[PL 1993, c. 483, §2 (AMD).]
3. Post-investigation procedure.
[PL 1993, c. 483, §3 (RP).]
4. Appeal.
[PL 2005, c. 70, §1 (RP).]
5. Enforcement. If the school administrative unit, intermediate educational unit, public school or other public agency against which a complaint has been filed under subsection 1 fails to comply with an order issued by the commissioner, the commissioner:
A. May withhold financial aid from the school administrative unit, intermediate educational unit, public school or other public agency until it complies with the commissioner’s order; and [PL 2023, c. 449, §6 (AMD).]
B. Shall refer the matter to the Attorney General, who shall take appropriate action to bring the school administrative unit, intermediate educational unit, public school or other public agency into compliance. [PL 2023, c. 449, §6 (AMD).]
[PL 2023, c. 449, §6 (AMD).]
6. Additional remedies. The remedies provided in this section are in addition to any other remedy in law or equity.
[PL 1981, c. 693, §§5, 8 (NEW).]
7. Complaint investigators; immunity. The State shall train complaint investigators. For the purposes of this section, while carrying out their official duties, complaint investigators are considered state employees and are entitled to the immunity provided state employees under the Maine Tort Claims Act.
[PL 1999, c. 424, Pt. A, §7 (NEW).]
SECTION HISTORY
PL 1981, c. 693, §§5,8 (NEW). PL 1983, c. 130, §§1,2 (AMD). PL 1983, c. 806, §§65,66 (AMD). PL 1983, c. 862, §60 (AMD). PL 1989, c. 69, §§1-4 (AMD). PL 1993, c. 483, §§1-4 (AMD). PL 1999, c. 424, §§A5-7 (AMD). PL 2005, c. 70, §1 (AMD). PL 2005, c. 662, §A26 (AMD). PL 2009, c. 571, Pt. U, §1 (AMD). PL 2023, c. 449, §§5, 6 (AMD).