Can the school conduct a reevaluation without my consent?

No, not for a reevaluation that involves new testing. The school must obtain your written consent before administering any new evaluations. If the school is reviewing existing data only (no new testing), they may not need consent for that review, but should notify you.

The school says they can just review existing records instead of new testing. Is that allowed?

Yes, but only if the team determines existing data is sufficient to establish continued eligibility and current needs. If you believe new testing is needed because the data is outdated or incomplete, you can advocate for it. You can also request an IEE if you disagree with assessment decisions.

Can I waive the reevaluation?

Yes, the school may ask you to sign a document agreeing a reevaluation is not necessary. You are not required to agree. If you have any questions about whether current data is still accurate, declining to waive and requesting a full reevaluation is the safer choice.

What if the reevaluation results say my child is no longer eligible?

Don't sign anything you disagree with at the meeting. Ask for more time to review. You can request an IEE, file a state complaint, or request a due process hearing. Losing eligibility means losing services, this decision deserves careful scrutiny, especially if your child is still struggling.

State Special Education Rights

IEP Rights in Maine

Maine families have rights under federal IDEA and Chapter 101 of Maine special education rules, administered through the Maine Department of Education. Here is what parents need to know.

Meghan Moore, BCBA, M.A. Special Education

Maine Special Education Law

Maine students with disabilities are protected by federal IDEA and Maine Chapter 101 (Rules Relating to the Delivery of Special Education and Related Services), administered by the Maine Department of Education (MDOE), Division of Special Services. Maine follows the federal 60-calendar-day evaluation timeline.

Evaluation Timeline: 60 Calendar Days

From the date you provide written consent for an initial evaluation, Maine districts have 60 calendar days to complete all assessments and hold an eligibility meeting. Maine's rural geography means some districts rely on contracted evaluation specialists, but the timeline still applies. Submit your consent in writing and keep a record of the date.

IEP Development and Annual Review

Once eligibility is confirmed, the IEP must be developed and in place as soon as possible. Annual reviews are required every 12 months. You can request an IEP meeting at any time if you believe changes are needed.

Required IEP team members: the parent, a general education teacher (if applicable), a special education teacher or provider, a district representative authorized to commit resources, a person who can interpret evaluation results, the student (where appropriate), and any others invited by either party.

Triennial Reevaluation

Reevaluation is required at least every three years. With written agreement from both parent and district, formal testing may be waived if both agree existing data is sufficient. The team must still review existing data and confirm continued eligibility even with a waiver.

Least Restrictive Environment

Maine requires placement with nondisabled peers to the maximum extent appropriate. Removal from general education must be justified and documented in the IEP. Maine's small and rural districts must still maintain a continuum of services, which in some cases involves regional cooperative arrangements.

Transition Planning

Transition planning must begin by age 16. The IEP must include measurable postsecondary goals, transition services, and a course of study. Students must be invited to IEP meetings focused on transition planning. Maine's Bureau of Rehabilitation Services (BRS), including Vocational Rehabilitation, coordinates with schools on transition services.

Parent Rights and Procedural Safeguards

Maine must provide your procedural safeguards notice at initial referral, at each annual IEP, when you request a copy, and when you file a complaint or request due process. You have the right to an IEE at public expense if you disagree with the district's evaluation. The district must either fund the IEE or initiate due process to defend its own assessment.

Dispute Resolution Options

State Complaint: File a written complaint with MDOE Division of Special Services. The state has 60 calendar days to investigate. Complaints must be filed within one year of the alleged violation.

Mediation: Maine offers free voluntary mediation. Both parties must agree to participate. Mediation agreements are legally binding.

Due Process: Maine due process hearings are conducted through MDOE. The two-year statute of limitations applies. After filing, the district has 15 days to hold a resolution meeting (unless waived), followed by a 30-day resolution period.

Maine Special Education Resources

Maine DOE Division of Special Services: (207) 624-6600 | maine.gov/doe, state oversight, complaint procedures, and policy resources.

Maine Parent Federation: (207) 588-1933 | maineparent.com, Maine's federally funded PTI center providing free training, information, and support for families navigating special education.

Disability Rights Maine: (800) 452-1948 | drme.org, free legal advocacy for Maine residents with disabilities, including special education matters.

Frequently Asked Questions

How long does Maine have to evaluate my child for special education?

Maine must complete the initial evaluation and hold an eligibility meeting within 60 calendar days of receiving your signed consent for evaluation.

How do I file a special education complaint in Maine?

File a written complaint with the Maine Department of Education, Division of Special Services. The state has 60 calendar days to investigate and issue a written decision.

What PTI center supports Maine families?

Maine Parent Federation is Maine's federally funded PTI center, providing free training, information, and support for families navigating special education.