An Act To Provide for Fairness in the Transfer of Students
Maine Legislature, Session 128, LD 0048
Committee: Education and Cultural Affairs
Sponsors: HIGGINS, DAVIS, HANINGTON, KINNEY, MAREAN, STROM, THERIAULT, TURNER
Amends: 20-A MRSA §5205

Legislative Document
No. 48
H.P. 34
House of Representatives, January 10, 2017
An Act To Provide for Fairness in the Transfer of Students
(EMERGENCY)
Reference to the Committee on Education and Cultural Affairs suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative HIGGINS of Dover-Foxcroft.
Cosponsored by Senator DAVIS of Piscataquis and
Representatives: HANINGTON of Lincoln, KINNEY of Knox, MAREAN of Hollis, STROM 
of Pittsfield, THERIAULT of China, TURNER of Burlington.
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, this legislation must take effect in time for the 2017-2018 school year; 
and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore, 
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 2015, c. 448, §10, 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. 
G.  Notwithstanding paragraph D, if the commissioner or state board approves a 
transfer under this subsection and the student subject to the transfer is receiving 
special education services, the state subsidy of special education costs for the 
transferred student may not be reduced as a result of the transfer. 
A transfer under this subsection may not be made to a receiving school administrative 
unit that 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.  This subsection applies to a 
transfer involving a private school approved for tuition purposes. 
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
SUMMARY 
Current law provides no appeal for a student denied a request to transfer to a school 
administrative unit that does not operate a public school that includes the grade level of 
the student.  This bill provides that the appeals process that applies to other transfer 
students applies to such a student and explicitly makes the law regarding transfers apply 
to a transfer involving a private school approved for tuition purposes pursuant to the 
Maine Revised Statutes, Title 20-A, chapter 117, subchapter 2.