Maine: Seven Private Schools Sue State Education Department, Say Emergency Special Education Rule Illegally Restricts Safety Assessments
Seven private schools in Maine have sued the state Department of Education, in a complaint filed last month in Kennebec County Superior Court and reported on Nov. 13, accusing the department of issuing an emergency special education rule that is unlawful and limits schools' ability to conduct safety assessments. The plaintiff is the Maine Association of Independent Schools, representing seven schools and Spurwink Services. The complaint says the emergency rule issued by the Department of Education eliminated the process by which independent schools conduct individualized safety assessments for students exhibiting dangerous behavior, forcing the schools to go to court to protect the safety of students, teachers, and staff. Attorney Matt Miller said the schools involved include Foxcroft Academy, Lincoln Academy, and Thornton Academy, and that the parties were negotiating an agreement with the Department of Education when the department "unilaterally issued the emergency rule, in violation of Maine law."
According to the complaint, the rule modified two statutory provisions concerning out-of-district placements of special education students.
The complaint also notes a widespread shortage in Maine of private placement spots for students with disabilities, especially students with complex needs or difficult behaviors. The lawsuit also challenges the department's procedure for adopting the new rule, accusing it of failing to provide adequate public hearing notice in order to "evade public scrutiny." The lawsuit asks the court to declare the emergency rule invalid. The Department of Education has not yet responded to a request for comment.
Source: Maine Association of Independent Schools
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Photo: 图：缅因州议会大厦，位于奥古斯塔（资料图）。来源：Albany_NY，Wikimedia Commons，CC BY-SA 3.0。 / Photo: The Maine State House in Augusta (file photo). Source: Albany_NY, Wikimedia Commons, CC BY-SA 3.0.
