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complaint is received unless a longer period is reasonable because | a violation is continuing or the complaint is requesting | compensatory services for a violation that occurred not more than 3 | years prior to the date the complaint is received. |
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| | Sec. A-27. 20-A MRSA §7207-A, sub-§2, as amended by PL 1989, c. 700, | Pt. B, §46 and enacted by c. 857, §56 and amended by PL 2003, c. | 689, Pt. B, §6, is further amended to read: |
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| | 2. Objection to appointments. When an exceptional student a | child with a disability is a state ward and the Department of | Health and Human Services has notified the school administrative | unit and the Department of Education that the Department of | Health and Human Services objects to the appointment of the | foster parent as the surrogate parent, the foster parent may not | be automatically appointed to serve as surrogate parent for the | exceptional student child with a disability. When an exceptional | student a child with a disability is a state ward and the | Department of Health and Human Services objects to the | appointment of the foster parent as the surrogate parent, the | Department of Health and Human Services shall recommend to the | Department of Education an individual to serve as surrogate | parent. |
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| | Sec. A-28. 20-A MRSA §7207-B, sub-§3-A, as enacted by PL 1997, c. 441, | §1, is repealed. |
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| | Sec. A-29. 20-A MRSA §7207-B, sub-§4, as amended by PL 1985, c. 797, | §41, is further amended to read: |
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| | 4. Hearing officers, immunity. The State shall train ensure | that impartial hearing officers meet the criteria contained in | the federal Individuals with Disabilities Education Act, 20 | United States Code, Section 1400 et seq., as amended. For | purposes of the Maine Tort Claims Act only, Title 14, chapter | 741, hearing officers, while they are carrying out their official | duties as hearing officers, shall be are considered state | employees and shall be are entitled to the immunity provided | state employees under the Maine Tort Claims Act. |
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| | Sec. A-30. 20-A MRSA §§7209 and 7210 are enacted to read: |
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| §7209.__General administration and supervision |
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| | 1.__Department of Education.__The department shall serve as | the lead agency for the statewide system pursuant to 20 United | States Code, Section 1435, including the identification and | coordination of all available resources within the State for | services to eligible children from birth to under 3 years of age, | and shall | exercise general supervisory authority over child find |
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