An Act To Improve the Student Transfer Process
Maine Legislature, Session 128, LD 1015
Committee: Education and Cultural Affairs
Sponsors: STEARNS, HUBBELL, LUCHINI, LYFORD, REED
Amends: 20-A MRSA §5205

Legislative Document
No. 1015
H.P. 717
House of Representatives, March 14, 2017
An Act To Improve the Student Transfer Process
Reference to the Committee on Education and Cultural Affairs suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative STEARNS of Guilford.
Cosponsored by Representatives: HUBBELL of Bar Harbor, LUCHINI of Ellsworth, 
LYFORD of Eddington, REED of Carmel.
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  20-A MRSA §5205, sub-§6, ¶B, as amended by PL 2013, c. 456, §2, is 
further amended to read: 
B.  On the request of the parent of a student requesting transfer under paragraph A, 
the commissioner shall review the transfer, except that if both superintendents find a 
transfer is not in the student's best interest and decide not to approve the transfer, the 
parent of a student requesting transfer under paragraph A may not request the 
commissioner review the decision.  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. 
Sec. 2.  Commission To Study the Student Transfer Process.  
Notwithstanding Joint Rule 353, the Commission To Study the Student Transfer Process, 
referred to in this section as "the commission," is established. 
1.  Membership.  The commission consists of 7 members appointed as follows: 
A.  One member of the Senate appointed by the President of the Senate who is a 
member of the Joint Standing Committee on Education and Cultural Affairs; 
B.  Three members of the House of Representatives appointed by the Speaker of the 
House who are members of the Joint Standing Committee on Education and Cultural 
Affairs; 
C.  One member who is a representative of the Maine School Superintendents 
Association appointed by the President of the Senate;  
D.  One member who is a representative of the Maine Education Association 
appointed by the Speaker of the House; and 
E.  The Commissioner of Education or the commissioner's designee. 
2.  Chairs.  The Senate member is the Senate chair and the first-named House of 
Representatives member is the House chair of the commission. 
3. Appointments; convening of commission.  All appointments must be made no 
later than 30 days following the effective date of this Act.  The appointing authorities 
shall notify the Executive Director of the Legislative Council once all appointments have 
been completed.  After appointment of all members, the chairs shall call and convene the 
first meeting of the commission.  If 30 days or more after the effective date of this Act a 
majority of but not all appointments have been made, the chairs may request authority 
and the Legislative Council may grant authority for the commission to meet and conduct 
its business. 
4.  Duties.  The commission shall conduct a comprehensive review of the appeal 
process under the laws governing the transfer of a student from one school administrative 
unit to another school administrative unit pursuant to the Maine Revised Statutes, Title 
20-A, section 5205, subsection 6.  The review must include, but is not limited to, the 
following: 
A.  A review of the criteria used by the Commissioner of Education and the State 
Board of Education to make a decision regarding a parent's request for the 
Commissioner of Education or the State Board of Education to review a decision to 
not approve a request for a student from one school administrative unit to transfer to 
another school administrative unit; and 
B.  An examination of potential criteria for reviewing a parent's appeal request 
regarding a request for a student to transfer from one school administrative unit to 
another school administrative unit.  As part of the examination, the commission shall 
consider criteria that support the best interests of students and make the appeal 
process convenient and simple for the parent. 
5.  Staff assistance.  The Legislative Council shall provide necessary staffing 
services to the commission. 
6.  Report.  No later than December 6, 2017, the commission shall submit a report 
that includes its findings and recommendations, including suggested legislation, to the 
Joint Standing Committee on Education and Cultural Affairs.  The Joint Standing 
Committee on Education and Cultural Affairs may report out a bill to the Second Regular 
Session of the 128th Legislature. 
SUMMARY 
This bill provides that a parent of a student requesting a transfer from one school 
administrative unit to another school administrative unit may not request the 
Commissioner of Education to review a decision to not approve a transfer if both 
superintendents find a transfer is not in the student's best interest.  The bill also 
establishes the Commission To Study the Student Transfer Process to conduct a review of 
the appeal process under the laws governing the transfer of a student from one school 
administrative unit to another school administrative unit, including, but not limited to, a 
review of the criteria used by the Commissioner of Education and the State Board of 
Education to make a decision regarding a parent's request to review a decision to not 
approve a transfer.