This morning, the Maine Department of Education (DOE) filed an emergency rule to protect the health, safety, and educational rights of students with disabilities and the dedicated professionals who serve them. This change allows private schools serving as educational placements for students in special education to be parties in mediations, due process hearings, and expedited due process hearings. The emergency rule takes effect immediately upon its filing on June 12, 2026.
This action is necessary to ensure that all students with individualized education plans (IEPs) have access to appropriate placements and that federal and state laws are followed. The emergency rule will address several urgent concerns:
- Improper student removals: This violates the Individuals with Disabilities Education Act (IDEA) and the Maine Unified Special Education Regulation (MUSER) “stay put” protections and can cause serious harm, especially for students with significant disabilities who rely on stable routines and relationships.
- Educator safety and program limits: School staff are experiencing serious safety risks when supporting students whose needs exceed available program capacity, leading to injuries and unsustainable conditions.
- Loss of educational services: When placements end abruptly and no alternative is available, students may go without education while school administrative units (SAUs) search for a new placement.
- Family impact and safety concerns: Sudden removals can create instability at home, including lost income, increased caregiving demands, and potential safety risks when students are home in distress.
- Lack of a clear dispute resolution pathway: Current gaps in the administrative process leave SAUs, private schools, and families without an effective way to resolve placement disputes.
- Risk to statewide compliance: These issues jeopardize the State of Maine’s ability to meet requirements of IDEA and maintain access to federal funding.
The emergency rule amends MUSER to:
- Ensure students placed in private schools have the same rights as those placed in public schools.
- Allow private schools to be parties in special education dispute resolution proceedings, specifically mediations, due process hearings, and expedited due process hearings.
- Provide a clear administrative process for resolving disputes involving SAUs, private schools, and families.
The specific changes the Maine DOE is making to MUSER can be found in the rulemaking documents on the Maine DOE website. Again, as an emergency filing, the rule is effective today, June 12, 2026, and remains in effect for a period of not more than one year. The Maine DOE will be promulgating a proposed permanent change to MUSER in the near future for consideration by the 133rd Maine Legislature.
Questions may be submitted to Maine DOE Legislative Team member Laura Cyr at 23 State House Station, Augusta, ME 04333, 207-446-8791, or laura.cyr@maine.gov.
