An Act To Eliminate Schools' Responsibility for Transportation of Preschool Students
Maine Legislature, Session 124, LD 0364
Committee: Education and Cultural Affairs
Sponsors: WESTON, PIOTTI, MARRACHE, FITTS
Amends: 20-A MRSA §5401, 29-A MRSA §2311

Legislative Document 
No. 364 
S.P. 128 
In Senate, February 5, 2009 
An Act To Eliminate Schools' Responsibility for Transportation of 
Preschool Students 
Reference to the Committee on Education and Cultural Affairs suggested and ordered 
printed. 
Presented by Senator WESTON of Waldo. 
Cosponsored by Representative PIOTTI of Unity and 
9t[J(J~ 
JOY J. O'BRIEN 
Secretary of the Senate 
Senator: MARRACHE of Kennebec, Representative: FITTS of Pittsfield. 
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Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 20-A MRSA §5401, sub-§I, as amended by PL 2007, c. 572, Pt. A, §2, is 
further amended to read: 
1. Municipal school units. The superintendent of schools in a municipal school unit 
shall, with the approval of the school board, provide transportation for elementary school 
students and public preschool students a part of or the whole distance to and from the 
nearest suitable elementary school. The municipality may provide transportation for 
secondary level students. 
Sec. 2. 20-A MRSA §5401, sub-§2, ~A, as amended by PL 2007, c. 572, Pt. A, 
§ 3, is further amended to read: 
A. 
Elementary school students and public preschool studeffis a part of or the whole 
distance to and from the nearest suitable school; and 
Sec. 3. 20-A MRSA §5401, sub-§3, ~A, as amended by PL 2007, c. 572, Pt. A, 
§4, is further amended to read: 
A. 
Instruct the superintendent of schools to provide transportation for elementary 
and secondary school students and public preschool students all or a part of the way 
to and from the nearest suitable school; or 
Sec. 4. 20-A MRSA §5401, sub-§17, as enacted by PL 2007, c. 572, Pt. A, §5, is 
amended to read: 
17. Rules. The department may adopt rules to implement the provisions of this 
section. A rule authorized or provisionally adopted by the department pursuant to this 
subsection or Title 29 A, section 2311 after January 1, 2008 that concerns the 
transportation of publie preschool students is a major substantive rule and subject to 
legislative review in accordance with Title 5, chapter 375, subchapter 2 A. . An 
amendment to a rule adopted pursuant to this subsection or Title 29 A, section 2311 prior 
to January 1, 2008 is considered a major substantive rule when the amendment cone ems 
the transportation of public preschool students, and it is subject to legislative revie"" in 
accordance with Title 5. chanter 375. sub chanter 2 A. 
Sec. 5. 29-A MRSA §2311, as amended by PL 2007, c. 572, Pt. A, §17, is further 
amended to read: 
§2311. Rules 
The Commissioner of Education may adopt or amend rules consistent with this Title 
and in accordance with the Maine Administrative Procedure Act, concerning school bus 
construction,. equipment, operation and identification. Rules adopted pursuant to this 
section that concern the transportation of public preschool students are major substantive 
rules as dermed in Title 5. chooter 375. subchooter 2 A. 
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SUMMARY 
This bill removes the requirement that municipal school units, school administrative 
districts and community school districts provide transportation for public preschool 
students.