05-071-101 Me. Code R. § XIX

Current through 2024-51, December 18, 2024

Section 071-101-XIX - WAIVERS

1.Commissioner Waiver of Certain Regulations

The superintendent of a school administrative unit or the director of a private school serving children with disabilities may request a waiver of certain regulations. Requests for waivers to the requirements regarding child-teacher ratios, caseload ratios, qualified contracted consultant, or the location of special education programs in chronologically, age-appropriate settings:

A.Shall be in writing;

B.Shall include documentation of the SAU's or school's efforts to achieve compliance;

C.Shall state the rationale for requesting the waiver;

D.Shall specify the corrective action to be taken to achieve compliance by the beginning of the next school year;

E.Shall include documentation of notification and opportunity to comment provided to the parents of all children with disabilities affected by the waiver request; and

F.Shall include a signed statement from the superintendent assuring that all children affected by the waiver are receiving a free, appropriate public education (FAPE) consistent with their IEPs.

The Commissioner shall review and approve, modify, or disapprove all such requests for a waiver, and provide the response in writing.

2.Agreement between Parent and School

A.Waiver of 7-day Notice for an IEP Meeting

The school must document in writing and with parent/guardian signature that the parent/guardian has waived their right to the 7-day notice of an IEP meeting as described in Section V.2 (A) of this rule. The SAU must still provide the parent with the notice of the IEP meeting as described in Section V.2 (A) of this rule, to ensure compliance, even if the 7-day requirement is waived.

B.Seven day Advance Notice of an Appearance of an Attorney at Parent Request at a Due Process Mediation

If both parties agree, the parties may sign a waiver of the 7-day written notice of attendance of the parent's attorney at mediation.

If both parties agree, the parties may sign a waiver of the 7-day written notice of attendance of the parent's paralegal at mediation.

C.Waiver of Resolution Meeting for Regular Hearings Requested by Parents

Both parties may waive in writing the requirement to hold a resolution session. The resolution session is only required when parents request a regular hearing.

D.Waiver of 7-day Written Notice Prior to Implementation of Proposed Action

The SAU shall document in the Written Notice described in Appendix I, 34 CFR § 300.503, any agreement that the parent/guardian has waived the right to receive Written Notice of an action proposed by the SAU seven days prior to the date the SAU proposes to take that action. The SAU must still provide that Written Notice to the parent/guardian even if the 7-day requirement is waived.

05-071 C.M.R. ch. 101, § XIX