| | | Preamble. Whereas, federal law provides that graduation | | requirements for a special education student must be governed by | | provisions of the student's individual education plan; and |
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| | | Whereas, current rules of the Maine Department of Education | | contain conflicting provisions regarding the role of individual | | education plans in determining specific graduation requirements | | for special education students; now, therefore, be it |
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| | | Sec. 1. Department of Education authorized to review conflicting graduation | | requirements for special education students. Resolved: That the Department of | | Education is directed to conduct a review of applicable federal | | laws and regulations, state law and rules of the Department of | | Education related to the role of individual education plans in | | determining specific graduation requirements for special | | education students; and be it further |
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| | | Sec. 2. Reporting date established. Resolved: That the Department of | | Education shall report its findings, including suggested | | legislation, concerning resolution of the conflict between | | federal and state law related to the role of individual education | | plans in determining specific graduation requirements for special | | education students to the Joint Standing Committee on Education | | and Cultural Affairs by December 2, 2005. The Joint Standing | | Committee on Education and Cultural Affairs is authorized to | | introduce a bill related to the Department of Education's report | | to the Second Regular Session of the 122nd Legislature at the | | time of submission of its report. |
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| | | This resolve directs the Department of Education to review | | federal laws, state statutes and rules of the Department of | | Education related to the role of individual education plans in | | determining specific graduation requirements for special | | education students. The Department of Education shall present a | | report, including suggested legislation, to resolve conflicts to | | the Joint Standing Committee on Education and Cultural Affairs by | | December 2, 2005. The Joint Standing Committee on Education and | | Cultural Affairs is authorized to introduce a bill related to | | this report to the Second Regular Session of the 122nd | | Legislature. |
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