LD 1772
pg. 18
Page 17 of 35 PUBLIC Law Chapter 662 Page 19 of 35
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LR 3023
Item 1

 
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.

 
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:

 
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.

 
Sec. A-28. 20-A MRSA §7207-B, sub-§3-A, as enacted by PL 1997, c. 441,
§1, is repealed.

 
Sec. A-29. 20-A MRSA §7207-B, sub-§4, as amended by PL 1985, c. 797,
§41, is further amended to read:

 
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.

 
Sec. A-30. 20-A MRSA §§7209 and 7210 are enacted to read:

 
§7209.__General administration and supervision

 
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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