An Act To
Maine Legislature, Session 126, LD 1591
Committee Amendment CA_A_H612 (House)
Amends: 20-A MRSA §5205

COMMITTEE AMENDMENT ,,/J " to H.P. 1162, L.D. 1591, Bill, "An Act To 
Amend the Process Controlling the Transfer of a Student between School Administrative 
Units" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 20-A MRSA §5205, sub-§6, ,A, as amended by PL 2013, c. 337, § 1, is 
further amended to read: 
A. Two superintendents may approve the transfer of a student from 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. 
The superintendents shall notify the commissioner of any transfer approved under 
this paragraph. If either of the superintendents decide decides not to approve the 
transfer, the sl:lperiHteBaeHts that superintendent shall provide to the parent of the 
student requesting transfer under this paragraph a written description of the basis of 
theff that superintendent's determination that the tnmsfer is Bot iB the studeHt's best 
imerest. 
Sec. 2. 20-A MRSA §5205, sub-§6, ~, as repealed and replaced by PL 2013, c. 
424, Pt. J, §1, is amended to read: 
B. On the request of the parent of a student requesting transfer under paragraph A, 
the commissioner shall review the transfer. 
The commissioner shall review the 
superintendents' 
determiBatioB 
determinations 
and 
communicate 
with 
the 
superintendents and with the parent of the student prior to making a decision. The 
commissioner may approve or disapprove the transfer and shall provide to the parent 
of the student and to the superintendents a written decision describing the basis of the 
commissioner's determination that the traasfer is or is Bot iB the studeBt's best 
iBterest. 
COMMITTEE AMENDMENT 
ROFS 
COMMITTEE AMENDMENT" A" to H.P. 1162, L.D. 1591 
Sec. 3. 20-A MRSA §5205, sub-§6, ~F, as enacted by PL 2013, c. 337, §2, is 
amended to read: 
F. If dissatisfied with the commissioner's decision, a parent of a student requesting 
transfer or either superintendent may, within 10 calendar days of the commissioner's 
decision, request that the state board review the transfer. The state board shall review 
the eommissioaer's aetermiaatioa superintendents' determinations and communicate 
with the commissioner, the superintendents and the parent of the student. The state 
board may approve or disapprove the transfer. The state board shall make a decision 
within JQ 45 calendar days of receiving the request and shall provide to the parent of 
the student, the superintendents and the commissioner a written decision describing 
the basis of the state board's determination that the traasfer is or is aot ia the stuaeat's 
best iaterest. The state board's decision is final and binding.' 
SUMMARY 
This amendment strikes and replaces the bill. The bill provides a standard for what 
constitutes a student's best interest when requesting a transfer from one school 
administrative unit to another; the amendment removes that standard. In current law, the 
superintendents of the receiving school administrative unit and the sending school 
administrative unit must both consent to a student's transfer. This amendment changes 
that provision to require that if a superintendent disapproves, that superintendent must 
provide the parent of the student with a written description of the superintendent's 
determination. The amendment also removes the provisions in the bill that direct the 
Commissioner of Education, or subsequently the State Board of Education, to uphold the 
decision of one or both superintendents to deny a transfer unless the commissioner or the 
board determines that the decision to deny the transfer was arbitrary and capricious. The 
amendment also retains the provision in the bill that extends from 30 to 45 calendar days 
the period of time within which the State Board of Education must make a decision on a 
review of a request for transfer. 
COMMITTEE AMENDMENT