An Act To Amend the Process Controlling the Transfer of a Student between School Administrative Units
Maine Legislature, Session 126, LD 1591
Committee: Education and Cultural Affairs
Sponsors: HUBBELL, DEVIN, JOHNSON, KUSIAK, CRAVEN, LANGLEY, SAVIELLO
Amends: 20-A MRSA §5205

Legislative Document 
No. 1591 
H.P. 1162 
House of Representatives, December 30, 2013 
An Act To Amend the Process Controlling the Transfer of a Student 
between School Administrative Units 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203. 
Received by the Clerk of the House on December 23, 2013.  Referred to the Committee on 
Education and Cultural Affairs pursuant to Joint Rule 308.2 and ordered printed pursuant to 
Joint Rule 401. 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative HUBBELL of Bar Harbor. 
Cosponsored by Representatives: DEVIN of Newcastle, JOHNSON of Greenville, KUSIAK of 
Fairfield, McCLELLAN of Raymond, Senators: CRAVEN of Androscoggin, JOHNSON of 
Lincoln, LANGLEY of Hancock, SAVIELLO of Franklin. 
Be it enacted by the People of the State of Maine as follows: 
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. For purposes of this 
subparagraph, a transfer is in the student's best interest if the student or the parent 
of the student demonstrates that the student has significant and unique 
educational, health or safety needs that: 
(a) Are school-related; 
(b) Cannot be met by the school administrative unit in which the student 
resides; and 
(c) Would be met as a result of the transfer and the student's maintaining 
nonresident status; 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 superintendents that superintendent shall provide to the parent of the 
student requesting transfer under this paragraph a written description of the basis of 
their that superintendent's determination that the transfer is not in the student's best 
interest. 
Sec. 2.  20-A MRSA §5205, sub-§6, ¶B, as repealed and replaced by PL 2013, c. 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' determination and communicate with the superintendents and with 
the parent of the student prior to making a decision. The If the commissioner finds 
that the determination of one or both of the superintendents to deny the transfer is not 
arbitrary and capricious, the commissioner may approve or shall disapprove the 
transfer and.  If the commissioner finds the determination is arbitrary and capricious, 
the commissioner may approve the transfer. In either case, the commissioner 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 transfer is or is not 
in the student's best interest. 
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 commissioner's superintendents' determination and communicate with the 
commissioner, the superintendents and the parent of the student.  The If the state 
board finds that the determination of one or both of the superintendents to deny the 
transfer is not arbitrary and capricious, the state board may approve or shall 
disapprove the transfer.  The If the state board finds that the determination is arbitrary 
and capricious, the state board may approve the transfer. In either case, the state 
board shall make a decision within 30 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 
transfer is or is not in the student's best interest.  The state board's decision is final 
and binding. 
SUMMARY 
Under current law, a student or the parent of a student may request a transfer to a 
school administrative unit in which the student does not reside.  The superintendents of 
both the sending and the receiving school administrative units may approve the transfer if 
they find that it is in the best interests of the student.  The decision is appealable to the 
Commissioner of Education, who may approve or disapprove the transfer.  That decision 
is appealable to the State Board of Education, which may approve or disapprove the 
transfer. 
This bill provides a standard for what constitutes a student's best interest.  The bill 
requires that, if the decision of one or both of the superintendents to deny the transfer is 
appealed, the Commissioner of Education must uphold the decision unless the 
commissioner determines that the decision to deny the transfer was arbitrary and 
capricious, in which case the commissioner may approve the transfer.   If that decision is 
appealed to the State Board of Education, the board must uphold the decision to deny the 
transfer unless the board determines that the decision was arbitrary and capricious, in 
which case the board may approve the transfer.