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  The Law Office of Lillian E. Wong

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Maine DOE Proposes To Decrease Special Education Protections

1/20/2010

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The Maine Department of Education ("DOE") is proposing changes to their special education guidelines.   The Maine DOE claims they are troubled by the variation in special education identification and explain that Maine currently provides more special education protections than required by federal law.  Officials admit that these changes are motivated, at least in part, by budgetary concerns.  Their proposed solution is to streamline special education identification procedures and to eliminate any protections not required by federal law.  But will this "streamlining" result in non-identification of children who should benefit from the Individuals with Disabilities Education Act (IDEA)?   One thing is certain: these new guidelines will provide Maine children in special education will have less legal protection.  For example, in Maine, as in Massachusetts, transition planning begins when the child is 14, two years earlier than federal law requires.  But now, the Maine DOE would like to begin transition planning at 16.  And Maine doesn't seem to be the only government cutting back on special education protections.  I recently came across a similar report about a school district in New Hampshire making changes similar to Maine.  Will we see this trend in Massachusetts?  Stay tuned.

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It is doubtful that any child may reasonably be expected to succeed in life if he is denied the opportunity of an education.
Brown v. Board of Education, 347 U.S. 483 (1954)

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