An Act To
Maine Legislature, Session 126, LD 1852
Committee Amendment CA_A_H815 (House)
Amends: 20-A MRSA §5205

COMMITTEE AMENDMENT "A" to H.P. 1336, L.D. 1852, Bill, "An Act To 
Amend the Process Regarding the Transfer of Students 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, as amended by PL 2013, c. 456, §§ 1 to 3, is 
further amended to read: 
6. Transfer students. The following provisions apply to transfers of students from 
one school administrative unit to another. 
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 decides not to approve the transfer, 
that superintendent shall provide to the parent of the student requesting transfer under 
this paragraph a written description of the basis of that superintendent's 
determination. 
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' 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 
determinati on. 
C. The superintendents shall annually review any transfer under this subsection. 
COMMITTEE AMENDMENT 
\\. o~ '6 
COMMITTEE AMENDMENT" A" to flP. 1336, L.D. 1852 
D. 
For purposes of the state school subsidy, a student transferred under this 
subsection is considered a resident of the school administrative unit to which 
transferred. Upon request of the superintendent of schools in the unit in which a 
student is placed in accordance with this subsection, the state share percentage for 
subsidized educational costs for that student is equivalent to the state share 
percentage of the unit in which the student's parent or legal guardian resides or the 
average state share percentage, whichever is greater. If the parent or legal guardian 
does not reside in the State or can not be located, the subsidy is the state average 
subsidy. 
E. A school administrative unit may not charge tuition for a transfer approved under 
this subsection. 
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 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 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. The state board's decision is final and binding. 
A transfer approved under this subsection may not be made oofy to a receiving school 
administrative unit that operates does not operate a public school that includes the grade 
level of the student whose parent requests the transfer, unless the superintendents of both 
the sending and receiving school administrative units approve the transfer.' 
SUMMARY 
This amendment strikes and replaces the bill to provide that the approval of the 
transfer of a student from one school administrative unit to a school administrative unit 
that does not operate a public school that includes the grade level of the student whose 
parent requests the transfer may not be approved unless the superintendents of both the 
sending and receiving school administrative units approve the transfer. 
COMMITTEE AMENDMENT