An Act To Clarify Educational Placement and Notification in Regard to Parental Rights and Responsibilities
Maine Legislature, Session 128, LD 1695
Committee Amendment CA_A_H692 (House)
Amends: 19-A MRSA §1653, 19-A MRSA §1660, 20-A MRSA §2902, 20-A MRSA §5202

COMMITTEE AMENDMENT "A,, to H.P. 1175, L.D. 1695, Bill, "An Act To 
Clarify Educational Placement and Notification in Regard to Parental Rights and 
Responsibilities" 
Amend the bill by strildng out the title and substituting the following: 
'An Act To Clarify Parental Authority To Transfer a Child to a New School' 
Amend the bill by striking out everything after the enacting clause and inserting the 
following: 
'Sec. 1. 19-A MRSA §1653, sub-§15 is enacted to read: 
15. Improper school transfer. The court may consider the fact that a parent 
violated section 1660 in determining parental rights and responsibilities with respect to a 
minor child. 
Sec. 2. 19-A MRSA §1660 is enacted to read: 
§1660. Required consent for student transfer 
If a child has previously been enrolled in a primary or secondary school, a parent may 
not enroll the child in a different primary or secondary school without the consent of all 
other persons having parental rights with respect to the child unless a court of competent 
jurisdiction has allocated to the parent the right to make education decisions for the child 
or the right to enroll the child in school. 
For the purposes of this section, other persons having parental rights with respect to 
the child may consent to the parent's enrollment of a child in school through a written, 
notarized document, including by executing a power of attorney pursuant to Title 18-A, 
section 5-104. 
Sec. 3. 20-A MRSA §2902, sub-§9, as amended by PL 2001, c. 452, §6, is 
further amended to read: 
COMMITTEE AMENDMENT 
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COMMIITEEAMENDMENT'A"toH.P.1175,L.D.1695 
9. Medication. Meet the requirements for administering medication under section 
254, subsection 5; ffilA 
Sec. 4. 20-A MRSA §2902, sub-§10, as enacted by PL 2001, c. 452, §7, is 
amended to read: 
10. Reintegration planning. Meet the requirements for administering reintegration 
planning under section 254, subsection 12,; and 
Sec. 5. 20-A MRSA §2902, sub-§11 is enacted to read: 
11. Transfer of student by a parent. Require a parent who seeks to enroll a child 
who has previously been enrolled in a different primary or secondary school to provide 
evidence as required by section 5202, subsection 3 either that the parent has the sole 
authority to make the enrolhnent decision or that all other persons having parental rights 
with respect to the child consent to the new enrolhnent. 
Sec. 6. 20-A MRSA §5202, as amended by PL 1985, c. 789, §§3 and 9, is further 
amended to read: 
§5202. Residence; transfer of student by parent 
1. Definitions. For the purposes of this chapter, "parent" means the parent or 
guardian with legal custody. 
2. General rule. A person is eligible to attend schools in the school administrative 
unit where the person's parent resides, where the person resides upon reaching the age of 
years of age or upon becoming an emancipated minor. A federal installation flhall hf'l 
.lli considered part of the school administrative unit in which it is located. 
3. Transfer of student by parent. If a child has previously been enrolled in a 
primary or secondary school, a different primary or secondary school may not allow a 
parent to enroll the child unless the parent provides evidence either that the parent has the 
sole authority to malce the enrolhnent decision or that all other persons having parental 
rights with respect to the child consent to the new enrollment. For the purposes of this 
subsection, "parent" does not include a guardian with legal custody. 
A parent satisfies the requirements of this subsection if the parent submits to the school: 
A. A written, notarized document or documents signed by all other persons having 
parental rights with respect to the child either consenting to the enrolhnent or 
granting the parent the authority to make the enrolhnent decision, including an 
executed power of attorney pursuant to Title 18-A, section 5-104; 
B. 
A copy of a court order awarding the parent sole parental rights and 
responsibilities with respect to the child or allocating to the parent the right to make 
education decisions for the child or the right to enroll the child in school; or 
C. 
Documentation demonstrating that there are no other living persons having 
parental rights with respect to the child.' 
COMMITTEE AMENDMENT 
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COMMTITEE AMENDMENT"~" to H.P. 1175, L.D. 1695 
SUMMARY 
This amendment, which is the minority report of the Joint Standing Committee on 
Judiciary, replaces the bill, which is a concept draft. The amendment does the following. 
1. It prohibits a parent from transferring a child from one primary or secondary 
school to a different primary or secondary school without the consent of all other persons 
having parental rights with respect to the child unless a court of competent jurisdiction 
has awarded the parent sole parental rights and responsibilities with respect to the child or 
has allocated to the parent the right to make education decisions for the child or the right 
to enroll the child in school. It requires the parent who seeks to transfer the child from 
one primary or secondary school to another primary or secondary school to provide 
written documentation demonstrating the parent's authority to enroll the child. 
2. It authorizes a court that is determining parental rights and responsibilities to 
consider the fact that a parent who has not been granted the authority to make school 
enrollment decisions for a child has transferred the child to a different primary or 
secondary school without the consent of other persons having parental rights. 
d.SCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 03/15/18 feac 
LD 1695 
LR 2815(02) 
An Act To Clarify Educational Placement and Notification in Regard to Parental Rights and 
Responsibilities 
Fiscal Note for Bill as Amended by Committee Amendment "/f C H-(t) Q ~ \ 
Committee: Judiciary 
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Fiscal Note Required: Yes 
Fiscal Note 
New parental documentation for transfer of school emollment 
Fiscal Detail and Notes 
This bill requires parents to provide specific documentation to school administrative units (SAU's) in order for a 
student cunently enrolled in a primaiy or secondary school to be emolled in a different prima1y or secondaiy school. 
The most recent data available from the Department of Education indicates that this requirement will affect 
approximately 6,000 students and their parents annually. Acceptance of the parental documentation is not anticipated 
to result in additional costs to SAU's. 
LR2815(02) - Fiscal Note - Page 1 of 1