Ms. S. v. Regional School Unit 72

From the vantage point of hindsight, my colleagues conclude that a clarifying interpretation of federal law rendered for the first time in 2015 cleanses an improper state administrative process that occurred five years earlier. I cannot agree that we should ignore the flaws in the rulemaking process and disregard the purpose of the bypassed procedures: to ensure that the public and Legislature understand, and have an opportunity to comment on, important changes in the law. In my view, the procedural irregularity requires us to *53affirm the district court's conclusion that a four-year filing…