Code of Maine Rules
05 - DEPARTMENT OF EDUCATION
071 - EDUCATION - GENERAL
Chapter 4-A - PROCEDURAL RULE: EQUAL EDUCATIONAL OPPORTUNITY
Section 071-4-A-09 - COMMISSION DECISION UNDER EMERGENCY PROCEDURE

Current through 2023-52, December 27, 2023

If the preliminary investigation of the complaint persuades the Commission's Executive Director, or other designated representative, that a situation comparable to those described in 5[DEGREE]M.R.S.A. § 4612(4)(B) exists, the Executive Director, or representative, shall so notify the Commission. As soon as practical after notification, the Commission will consider the matter by means of a special meeting or other appropriate method. The Executive Director or other designated employee will take all reasonable steps to notify the parties of the special meeting or other appropriate method and of their right to participate.

A. No Reasonable Grounds

If the Commission finds no reasonable grounds to believe that unlawful educational discrimination has occurred, it will issue an order dismissing the complaint. The Commission shall promptly notify the parties of the dismissal and provide each with a copy of its Statement of Finding.

B. Reasonable Grounds

If the Commission finds reasonable grounds to believe that unlawful educational discrimination has occurred, but does not believe that irreparable injury or great inconvenience will be caused to the victim or victims of such discrimination if relief is not immediately granted, it will notify the parties of its determination, provide each with a copy of its Statement of Finding, and process the complaint under its non-emergency procedures.

C. Immediate Relief

If the Commission finds reasonable grounds to believe that unlawful educational discrimination has occurred and further believes that irreparable injury or great inconvenience will be caused the victim or victims of such discrimination, it may request the Commission Counsel or her/his designee to file a civil action in the Superior Court seeking appropriate relief. As soon thereafter as practicable, the Commission shall issue a statement of Finding in support of its determination.

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