Me. Rev. Stat. » Title 20-A
Maine Revised Statutes

Me. Rev. Stat. tit. 20-A, § 7206 (2026)

Investigation of noncompliance

✓ current as of May 2026
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The following provisions apply to an investigation of noncompliance with this chapter.   [PL 1981, c. 693, §§5, 8 (NEW).]
1.  Complaint.  An interested party may file with the commissioner a written complaint alleging that a school administrative unit or private school, intermediate educational unit or other public agency serving children with disabilities has failed to comply with this chapter. The complaint must allege a violation that occurred not more than one year prior to the date that the complaint is received or the complaint must request compensatory services for a violation that occurred not more than 2 years prior to the date the complaint is received.  
[PL 2023, c. 449, §5 (AMD).]
1-A.  Determination of jurisdiction. 
[PL 1993, c. 483, §1 (RP).]
1-B.  Notification. 
[PL 1993, c. 483, §1 (RP).]
2.  Investigation; written report.  The commissioner shall initiate, and complete within 60 days, an investigation and a written report.  
A.   [PL 1993, c. 483, §2 (RP).]
B.   [PL 1993, c. 483, §2 (RP).]
[PL 1993, c. 483, §2 (AMD).]
3.  Post-investigation procedure. 
[PL 1993, c. 483, §3 (RP).]
4.  Appeal. 
[PL 2005, c. 70, §1 (RP).]
5.  Enforcement.  If the school administrative unit, intermediate educational unit, public school or other public agency against which a complaint has been filed under subsection 1 fails to comply with an order issued by the commissioner, the commissioner:  
A. May withhold financial aid from the school administrative unit, intermediate educational unit, public school or other public agency until it complies with the commissioner's order; and   [PL 2023, c. 449, §6 (AMD).]
B. Shall refer the matter to the Attorney General, who shall take appropriate action to bring the school administrative unit, intermediate educational unit, public school or other public agency into compliance.   [PL 2023, c. 449, §6 (AMD).]
[PL 2023, c. 449, §6 (AMD).]
6.  Additional remedies.  The remedies provided in this section are in addition to any other remedy in law or equity.  
[PL 1981, c. 693, §§5, 8 (NEW).]
7.  Complaint investigators; immunity.  The State shall train complaint investigators. For the purposes of this section, while carrying out their official duties, complaint investigators are considered state employees and are entitled to the immunity provided state employees under the Maine Tort Claims Act.  
[PL 1999, c. 424, Pt. A, §7 (NEW).]
SECTION HISTORY
PL 1981, c. 693, §§5,8 (NEW). PL 1983, c. 130, §§1,2 (AMD). PL 1983, c. 806, §§65,66 (AMD). PL 1983, c. 862, §60 (AMD). PL 1989, c. 69, §§1-4 (AMD). PL 1993, c. 483, §§1-4 (AMD). PL 1999, c. 424, §§A5-7 (AMD). PL 2005, c. 70, §1 (AMD). PL 2005, c. 662, §A26 (AMD). PL 2009, c. 571, Pt. U, §1 (AMD). PL 2023, c. 449, §§5, 6 (AMD).
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Notes of Decisions
Cited in 5 cases (1 in the last 5 years), 2002–2025 · leading case: Mr. & Mrs. v. Ex. Rel. Hv v. York Sch. Dist., 434 F. Supp. 2d 5 (D. Me. 2006).
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Mr. & Mrs. v. Ex. Rel. Hv v. York Sch. Dist., 434 F. Supp. 2d 5 (D. Me. 2006). · cites it 2× “The Parents posit that an MDOE complaint investigator qualifies as an employee of the MDOE by virtue of operation of Maine’s education statutes (specifically, 20-A M.R.S.A. § 7206(7)). See Plaintiffs’ Motion at 4; 20-A M.”
Millay Ex Rel. YRM v. Surry Sch. Dep't, 584 F. Supp. 2d 219 (D. Me. 2008). · cites it 2× “See 20-A M.R.S.A. § 7206; 05-071-101 Me.Code R.”
Fitzpatrick v. Town of Falmouth, 324 F. Supp. 2d 95 (D. Me. 2004). · cites it 3× “See 20-A M.R.S.A. § 7206(1) (Supp.2003) (“An interested party may file with the commissioner a written complaint alleging that a school administrative unit .”
Donlan v. Wells Ogunquit Cmty. Sch. Dist., 226 F. Supp. 2d 261 (D. Me. 2002). · cites it 3× “Per 20-A M.R.S.A. § 7206(4), “[a] parent or a school administrative unit may-challenge a complaint investigation report by requesting a due process hearing within 30 days of the receipt of the complaint investigation report.”
Spurwink Servs. Inc v. Doe (D. Me. 2025). “See 20-A M.R.S.A. § 7206. If a public agency or a school fails to comply with an order from the MDOE commissioner, the commissioner may withhold financial aid and shall refer the matter to the Attorney General.”
— Me. Rev. Stat. tit. 20-A, § 7206(1) — 1 case
Fitzpatrick v. Town of Falmouth, 324 F. Supp. 2d 95 (D. Me. 2004). “See 20-A M.R.S.A. § 7206(1) (Supp.2003) (“An interested party may file with the commissioner a written complaint alleging that a school administrative unit .”
— Me. Rev. Stat. tit. 20-A, § 7206(2) — 1 case
Fitzpatrick v. Town of Falmouth, 324 F. Supp. 2d 95 (D. Me. 2004). “See 20-A M.R.S.A. § 7206(1) (Supp.2003) (“An interested party may file with the commissioner a written complaint alleging that a school administrative unit .”
— Me. Rev. Stat. tit. 20-A, § 7206(4) — 2 cases
Fitzpatrick v. Town of Falmouth, 324 F. Supp. 2d 95 (D. Me. 2004). “See 20-A M.R.S.A. § 7206(1) (Supp.2003) (“An interested party may file with the commissioner a written complaint alleging that a school administrative unit .”
Donlan v. Wells Ogunquit Cmty. Sch. Dist., 226 F. Supp. 2d 261 (D. Me. 2002). “Per 20-A M.R.S.A. § 7206(4), “[a] parent or a school administrative unit may-challenge a complaint investigation report by requesting a due process hearing within 30 days of the receipt of the complaint investigation report.”
— Me. Rev. Stat. tit. 20-A, § 7206(5) — 1 case
Millay Ex Rel. YRM v. Surry Sch. Dep't, 584 F. Supp. 2d 219 (D. Me. 2008). “See 20-A M.R.S.A. § 7206; 05-071-101 Me.Code R.”
— Me. Rev. Stat. tit. 20-A, § 7206(7) — 1 case
Mr. & Mrs. v. Ex. Rel. Hv v. York Sch. Dist., 434 F. Supp. 2d 5 (D. Me. 2006). “The Parents posit that an MDOE complaint investigator qualifies as an employee of the MDOE by virtue of operation of Maine’s education statutes (specifically, 20-A M.R.S.A. § 7206(7)). See Plaintiffs’ Motion at 4; 20-A M.”
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