AUGUSTA — Some private schools are suing the Maine Department of Education over a new special education policy.

The Maine Association of Independent Schools, which represents seven schools and Spurwink Services Inc., say that the department instituted an emergency rule that restricts the ability of the schools to conduct safety assessments.

“The emergency rule leaves out any process for independent schools to make individualized safety assessments regarding students exhibiting dangerous behaviors and forces those schools to initiate litigation to keep students, teachers and staff safe,” attorney Matt Miller wrote in response to questions from Spectrum News.

The department did not respond to a request for comment. 

Miller said the schools, which include Foxcroft Academy, Lincoln Academy and Thornton Academy, were in the middle of working toward an agreement with the department when it “unilaterally issued the emergency rule in violation of Maine law.”

According to the complaint filed in Kennebec County Superior Court last month, the rule changes two sections of law that address the placement of special education students in schools outside their district.

“In Maine, it is widely understood that there is a shortage of such private placements for students with disabilities, especially those with especially complex needs or difficult behaviors,” according to the suit.

The suit also focuses on the process the department used to make the new rule, alleging that it failed to provide adequate public hearing notice in an effort to “avoid public scrutiny.” 

The suit asks the court to invalidate the emergency rule.