An Act To Apply the Standard of Best Educational Interest to Superintendent Agreements for Transfer Students
Maine Legislature, Session 126, LD 0530
Committee Amendment CA_A_H316 (House)
Amends: 20-A MRSA §5205

COMMITTEE AMENDMENT "A" to H.P. 349, L.D. 530, Bill, "An Act To Apply 
the Standard of Best Educational Interest to Superintendent Agreements for Transfer 
Students" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Ensure That the Standard of a Student's Best Interest Is Applied to 
Superintendent Agreements for Transfer Students' 
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 and B, as enacted by PL 1981, c. 693, 
§§5 and 8, are 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 the superintendents decide not to approve the transfer, the 
superintendents shall provide to the parent of the student requesting transfer under 
this paragraph a written description of the basis of their determination that the 
transfer is not in the student's best interest. 
B. 
On the request of the parent of a student requesting transfer under paragraph A, 
the commissioner shall review the transfer. The eommissioDer's deeisioD shall be 
fiDal aDd biDdiDg 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 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 transfer is or is not 
in the student's best interest. 
COMMITTEE AMENDMENT 
.fb. 
~ 
COMMITTEE AMENDMENT ,A" to H.P. 349, L.D. 530 
Sec. 2. 20-A MRSA §5205, sub-§6, ~F is enacted 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 determination 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 30 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 
This amendment strikes and replaces the bill to ensure that the standard of a student's 
best interest is applied to decisions made regarding superintendent agreements for 
transfer students. The amendment provides that certain procedures must be implemented 
when the request of a parent to transfer a student from one school administrative unit to 
another is not approved by the superintendents and the parent of the student appeals the 
superintendents' decision to the Commissioner of Education. 
When the superintendents have not approved the transfer, the superintendents are 
required to provide the student's parent with a written description of the basis of their 
determination that the transfer is not in the student's best interest. The commissioner 
must review the superintendents' determination and communicate with the parent and the 
superintendents before making a decision on an appeal. 
The commissioner must provide the parent and the superintendents with a written 
description of the basis of the commissioner's determination that the transfer is or is not in 
the student's best interest. If dissatisfied with the commissioner's decision, the parent or 
either superintendent may request an appeal within 10 calendar days to the State Board of 
Education. 
The state board is required to review the commissioner's determination and 
communicate with the commissioner, the parent and the superintendents before making a 
decision on the appeal. The decision must be made within 30 days of the request for an 
appeal and must provide the parent, the superintendents and the commissioner with a 
written description of 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. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 05/30113 ;tvac 
LD530 
LR 905(02) 
An Act To Apply the Standard of Best Educational Interest to Superintendent Agreements for 
Fiscal Detail and Notes 
Transfer Students 
'\ 
Fiscal Note for Bill as Amended by Committee Amendment 1\' (+/- 31 (p ) 
Committee: Education and Cultural Affairs 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Additional costs to the Department of Education, the State Board of Education and local school administrative units to 
implement the requirements of this legislation can be absorbed within existing budgeted resources. 
LR0905(02) - Fiscal Note - Page 1 of 1