Code of Maine Rules
05 - DEPARTMENT OF EDUCATION
071 - EDUCATION - GENERAL
Chapter 14 - EDUCATION OF HOMELESS STUDENTS
Section 071-14-5 - STUDENTS WITH DISABILITIES

Current through 2023-52, December 27, 2023

1. The determination of the best interest of a homeless student with a disability must be made in accordance with the provisions of Section 4.3 above. In addition, the school administrative unit of origin or other covered entity must: consider information about the student's disability in the determination of best interest, expedite the conveyance of special education records to the school that the student will be attending, and collaborate fully with the special education program of any school outside of the school administrative unit that a homeless student may attend.

2. If the homeless student remains in the school of origin, the school administrative unit of origin remains responsible for the provision of FAPE to the student even if the school of origin is not located in the school administrative unit of origin (e.g. the student is attending an out-of-district day placement or an out-of-district residential placement).

3. If the homeless student is going to attend the school of current residence, the school administrative unit of current resident must follow the regulatory requirements applicable to a student who transfers from one school administrative unit to another by immediately providing comparable services to those contained in the student's IEP pending review by the student's IEP Team. A surrogate parent must be appointed for an unaccompanied homeless student with a disability prior to any IEP Team meeting about the student.

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