Notice of legislative resolve regarding special education review of SAUs

During the last legislative session, the Legislature passed a resolve (H.P.828 – L.D. 1184) directing Maine DOE to amend its rules regarding special education review of school administrative units (SAUs) that do not own, lease or otherwise operate any school. Until the Department has the opportunity to enact those amendments, the Department will interpret its general supervision responsibilities under Maine Unified Special Education Regulations (MUSER) XIII to exempt those SAUs from a requirement to themselves maintain the educational records of special education students from that SAU.

Instead, those SAUs shall provide to the Maine DOE upon request a list of their students receiving special education services and the receiving school each student attends. Those receiving schools shall maintain the educational records of those students and may be required by the Department to make those records available for special education general supervision monitoring purposes when the sending SAU is under review. The sending SAUs will remain responsible for providing Free and Appropriate Public Education to their students and will commit to working with the receiving school to correct any findings made by the Maine DOE upon its review of student records.

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