An Act To Amend the Education Laws Regarding Equivalent Instruction, Medical Screening and Adult Education
Maine Legislature, Session 122, LD 0887
Committee: Education and Cultural Affairs
Sponsors: ANDREWS, NORTON

Legislative Document 
No. 887 
S.P.295 
In Senate, February 22,2005 
An Act To Amend the Education Laws Regarding Equivalent 
Instruction, Medical Screening and Adult Education 
Submitted by the Department of Education pursuant to Joint Rule 204. 
Reference to the Committee on Education and Cultural Affairs suggested and ordered 
printed. 
Presented by Senator ANDREWS of York. 
Cosponsored by Representative NORTON of Bangor. 
Printed on recycled paper 
JOY J. O'BRIEN 
Secretary of the Senate 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 20·A MRSA §5021, first 1[, as amended by PL 
2003, c. 
181, §2, is further amended to read: 
A school administrative unit shall conform to the following 
standards 
in 
making 
public 
school 
resources 
and 
services 
available to a student enrolled in a home instruction program 
under section 5001-A, subsection 3, paragraph A, subparagraph (4) 
for a student otherwise eligible to attend school in that school 
administrative unit, 
including 
a 
student 
who 
resides 
in the 
unorganized territory. 
Sec. 2. 20·A MRSA §6452, as amended by PL 1989, c. 730 and PL 
2003, c. 689, Pt. B, §§6 and 7, is repealed. 
Sec. 3. 20·A MRSA §6453, as enacted by PL 1981, c. 693, §§s 
and 8, is repealed. 
Sec. 4. 20·A MRSA §8605, sub·§3 is enacted to read: 
3. 
Transfer student. 
The following provisions apply to the 
transfer of a 
student from one school administrative unit to 
another when the student is not attending a public school and is 
enrolled in an adult education course. 
A. 
The 
transferor 
superintendent 
and 
the 
transferee 
superintendent may approve the transfer of a student froIT! 
one school administrative unit to another if: 
(1) 
They find that a transfer is in the student's best 
interest; and 
(2) 
The student's parent approves. 
B. 
On the request of the parent of a student requesting 
transfer under paragraph A, 
the commissioner shall review 
the transfer. 
The 
commissioner's decision is final 
and 
binding. 
c. 
The appropriate superintendents shall review annually 
any transfer made under this subsection. 
D. 
For purposes of state subsidy, 
a student transferred 
under this subsection is considered a resident of the school 
administrative unit to which the student is transferred. 
The superintendent of the receiving unit shall certify to 
the commissioner any transfer approved under this paragraph 
when 
reporting 
the 
number 
of 
these 
students 
to 
the 
department. 
Page l-LR0548(1) 
E. 
A school administrative unit may not charge tuition for 
a transfer approved under this subsection. 
SUMMARY 
This bill 
amends 
the 
following provisions of 
the 
Maine 
education laws. 
1. 
The bill revises the statute regarding participation in 
public schools by students enrolled in equivalent instruction 
programs 
to 
allow 
legal 
resident 
pupils 
of 
the 
unorganized 
territory to participate in regular classes and cocurricular and 
extracurricular activities in the school administrative unit that 
the pupil would regularly attend if the pupil were not receiving 
equivalent instruction. 
Tuition would be determined as with all 
students enrolled in an equivalent instruction program. 
2. 
The bill repeals the statutes that require schools to 
screen children for scoliosis and related spinal abnormalities 
and report findings from the screening. 
3. 
The bill revises a section of the adult education laws 
to 
reduce 
paperwork 
and 
provide 
a 
mechanism 
for 
school 
administrative units to directly receive subsidy for secondary 
school-age 
students 
being 
served 
through 
adult 
education. 
Currently, 
a 
school administrative unit is allowed to request 
subsidy only on those secondary school-age students who reside ill 
that school 
unit. 
The 
adult education program often serves 
secondary school-age students 
from neighboring kindergarten to 
grade 
districts 
and 
does 
not 
receive 
subsidy 
on 
those 
students. 
Under this bill, adult education programs would be 
able to report all the secondary school-age learners in their 
program, 
regardless 
of 
residency, 
enabling 
their 
school 
administrative unit to apply for direct subsidy on those students.