An Act To Amend the Process Regarding the Transfer of Students between School Administrative Units
Maine Legislature, Session 126, LD 1852
Committee: Education and Cultural Affairs
Sponsors: JOHNSON, DAVIS
Amends: 20-A MRSA §5205

Legislative Document 
No. 1852 
H.P. 1336 
House of Representatives, March 31, 2014 
An Act To Amend the Process Regarding the Transfer of Students 
between School Administrative Units 
Reference to the Committee on Education and Cultural Affairs suggested and ordered 
printed. 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative JOHNSON of Greenville.  (GOVERNOR'S BILL) 
Cosponsored by Representative: DAVIS of Sangerville. 
Be it enacted by the People of the State of Maine as follows: 
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 
determination. 
C.  The superintendents shall annually review any transfer under this subsection. 
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 be made only to a receiving school 
administrative unit that operates a public school that includes the grade level of the 
student whose parent requests the transfer. 
The superintendents of a sending and receiving school administrative unit may approve a 
transfer under this subsection regardless of whether a student from the sending school 
administrative unit is transferring to a receiving school administrative unit that operates a 
public school that does not include the grade level of the student whose parent requests 
the transfer; however, a parent of such a student may not request a review of the decision 
to not allow such a transfer. 
SUMMARY 
Current law prohibits the approval of transfer of a student from one school 
administrative unit to another if the receiving school administrative unit does not operate 
a public school that includes the grade level of the student whose parent requests the 
transfer.  This bill repeals that prohibition, but does not allow a parent to request a review 
of a decision by a superintendent to deny a transfer if the receiving school administrative 
unit does not operate a public school that includes the grade level of the student whose 
parent requests the transfer.