An Act To Allow Parents To Apply to the Commissioner of Education To Enroll Their Children in a Receiving School Administrative Unit and To Remove Limitations on Which Students May Be So Enrolled
Maine Legislature, Session 129, LD 1227
Committee: Education and Cultural Affairs
Sponsors: HANLEY, FARRIN, CAMPBELL, GRIFFIN, LOCKMAN, CYRWAY
Amends: 20-A MRSA §254, 20-A MRSA §1001

Legislative Document
No. 1227
H.P. 888
House of Representatives, March 14, 2019
An Act To Allow Parents To Apply to the Commissioner of 
Education To Enroll Their Children in a Receiving School 
Administrative Unit and To Remove Limitations on Which Students 
May Be So Enrolled
Reference to the Committee on Education and Cultural Affairs suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative HANLEY of Pittston.
Cosponsored by Senator FARRIN of Somerset and
Representatives: CAMPBELL of Orrington, GRIFFIN of Levant, LOCKMAN of Bradley, 
Senator: CYRWAY of Kennebec.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  20-A MRSA §254, sub-§19, as enacted by PL 2015, c. 448, §1, is 
amended to read:
19.  Designation of school to enroll students.  The commissioner may designate a 
school administrative unit as the receiving school administrative unit for  a  any student 
who resides in a school administrative unit that neither maintains a school nor contracts 
for school privileges pursuant to chapter 115 and is unable to find a school administrative 
unit willing to enroll the student in one of its schools, upon a written request from the 
superintendent of the school administrative unit where the student resides setting forth the 
student's circumstances giving rise to the request.  Upon written request by the student's 
parent or guardian for a change of enrollment for any reason to any other school 
administrative unit submitted to the superintendent of the school administrative unit 
where the student resides, the superintendent shall submit a written request to the 
commissioner for designation.
A.  If the commissioner makes a designation under this subsection, the school 
administrative unit where the student resides shall pay tuition for that student to the 
receiving school administrative unit as calculated in accordance with this subsection 
and chapter 219.
B.  If a student subject to a designation under this subsection is receiving special 
education services, the receiving school administrative unit designated by the 
commissioner under this subsection is responsible for providing a free, appropriate 
public education to the student, subject to the provisions of this subsection.  The 
receiving school administrative unit shall invite the school administrative unit where 
the student resides to participate in individualized education program team meetings 
for the student, but the authorized representative of the receiving school 
administrative unit shall make the decision on any issue on which consensus is not 
reached.  The school administrative unit where the student resides shall, in addition to 
tuition payable pursuant to chapter 219, pay to the receiving school administrative 
unit:
(1)  Special education tuition;
(2)  Any costs not included in the computation of special education tuition 
directly related to the student's special education program; and
(3)  Any costs associated with due process proceedings in connection with the 
student's special education program.
C.  Once the commissioner makes a designation under this subsection, the student 
must be enrolled in the receiving school administrative unit.  If dissatisfied with the 
commissioner's decision, the superintendent of the school administrative unit where 
the student resides or the superintendent of the receiving school administrative unit 
may, within 10 calendar days of the commissioner's decision, request that the state 
board review the designation.  The state board shall review the commissioner's 
determinations and communicate with the commissioner, the superintendents and the 
parent of the student.  The state board may approve or disapprove the designation.  
The state board shall make a decision within 45 calendar days of receiving the 
request and shall provide to the commissioner, the superintendents and the parent of 
the student a written decision describing the basis of the state board's determination.  
The state board's decision is final and binding.
Sec. 2.  20-A MRSA §1001, sub-§8, as amended by PL 2015, c. 448, §2, is 
further amended to read:
8.  Operate public preschool programs, kindergarten and grades one to 12.  They 
shall either operate programs in kindergarten and grades one to 12 or otherwise provide 
for students to participate in those grades as authorized elsewhere in this Title.  To the 
extent the State provides adequate start-up funding, they may operate public preschool 
programs or provide for students to participate in such programs in accordance with the 
requirements of this Title.  They shall determine which students attend each school, 
classify them and transfer them from school to school where more than one school is 
maintained at the same time.  If a school administrative unit neither maintains a school 
nor contracts for school privileges pursuant to chapter 115 and a student who resides in 
the school administrative unit is unable to enroll in another school administrative unit, the 
school board shall direct the superintendent of the school administrative unit where the 
student resides to make a written request to the commissioner to designate a place of 
enrollment for the student, pursuant to section 254, subsection 19.
SUMMARY
Current law allows the superintendent of a school administrative unit that neither 
maintains a school nor contracts for school privileges to request the Commissioner of 
Education to designate a school administrative unit as the receiving school administrative 
unit for a student who is unable to find a school administrative unit willing to enroll the 
student in one of its schools.
This bill allows any student's parent or guardian to make a request for any reason to 
the Commissioner of Education for the student to be transferred.  Upon the 
commissioner's approval, the student must be enrolled in the receiving school 
administrative unit.