An Act to Update the Laws Governing Education in the Unorganized Territory
Maine Legislature, Session 131, LD 2042
Committee: Education and Cultural Affairs
Sponsors: BRENNAN
Amends: 20-A MRSA §3251, 20-A MRSA §3252, 20-A MRSA §3271, 20-A MRSA §3272

Legislative Document
No. 2042
H.P. 1304
House of Representatives, December 13, 2023
An Act to Update the Laws Governing Education in the 
Unorganized Territory
Submitted by the Department of Education pursuant to Joint Rule 203.
Received by the Clerk of the House on December 11, 2023.  Referred to the Committee on 
Education and Cultural Affairs pursuant to Joint Rule 308.2 and ordered printed pursuant to 
Joint Rule 401.
ROBERT B. HUNT
Clerk
Presented by Representative BRENNAN of Portland.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  20-A MRSA §3251, as amended by PL 2001, c. 454, §11, is repealed and 
the following enacted in its place:
§3251.  Eligibility to enroll in education in the unorganized territory
The following provisions apply to enrollment in elementary schools and secondary 
schools in the unorganized territory.
1. Eligibility to enroll; school year.  A person meeting the minimum age requirements 
of subsection 2 or section 7001, subsection 1‑B, paragraph B and who has not reached 20 
years of age before the start of the school year may enroll as a full-time student or, with the 
permission of the administration, as a part-time student in the elementary school or 
secondary school where the student is assigned in the unorganized territory. The school 
year, for the purpose of this subsection, is defined as starting on July 1st and ending on the 
following June 30th.
2.  Minimum ages.  The following are minimum ages necessary for student enrollment 
in elementary schools in the unorganized territory.
A.  A person who will be at least 5 years of age on October 15th of the school year may 
enroll in school.
B.  A person who will be at least 4 years of age on October 15th of the school year may 
enroll in a public preschool program prior to kindergarten if it is offered.
3.  Exceptions.  The following are exceptions to this section.
A. A war veteran who has not completed high school before the veteran's 18th birthday 
may enroll in the elementary schools and secondary schools in the unorganized 
territory until the veteran graduates or until the end of the school year in which the 
veteran reaches 25 years of age.
B.  A person who has enrolled in a public kindergarten or grade one in another state 
may enroll in kindergarten or grade one, as the case may be, in an elementary school 
in the unorganized territory.
C.  A person who was enrolled in a public kindergarten in this State under paragraph 
B may enroll in grade one upon satisfactory completion of kindergarten. 
D.  A person who was enrolled in a public kindergarten in another state and was 
promoted to grade one may enroll in grade one in an elementary school in the 
unorganized territory.
E.  The eligibility for a child with a disability is governed by section 7001, subsection 
1-B.
Sec. 2.  20-A MRSA §3252, sub-§5, as amended by PL 2007, c. 541, Pt. C, §1, is 
further amended to read:
5.  Transportation and board.  The costs of transportation or board for students under 
this section may be paid in full or in part by the commissioner except that the commissioner 
may not provide or reimburse parents for providing transportation of students over roads 
that have not been accepted by the county as public roads or do not meet Department of 
Transportation standards.  Beginning with fiscal year 2009-10, the commissioner may not 
reimburse parents for the transportation of a student.
Sec. 3.  20-A MRSA §3271, sub-§3, as amended by PL 2011, c. 614, §8, is further 
amended to read:
3.  Exceptions.  Attendance at school or an alternative education program is not 
required of:
A.  A person who has graduated from high school before the person's 17th birthday;
B.  A person who is at least 15 years old, has completed the 9th grade and has 
permission to leave school to participate in a suitable program of training or combined 
work and study from a parent and the commissioner; and
C.  A person who has been adjudged a truant and has been excused from attendance 
pursuant to procedures established by the commissioner.;
D.  A person who has matriculated and is attending an accredited postsecondary 
degree-granting institution as a full-time student. An exception to attendance in public 
school under this paragraph must be approved by the commissioner; or
E.  A person who is enrolled in an online learning program or course, unless the person 
is enrolled in a virtual public charter school as defined in section 2401, subsection 11. 
Sec. 4.  20-A MRSA §3272, sub-§3, ¶B, as amended by PL 2007, c. 304, §2, is 
further amended to read:
B.  An appointment with a health professional that must be made during the regular 
school day and the absence has prior approval;
SUMMARY
This bill amends the laws governing education in the unorganized territory as they 
relate to eligibility to enroll in education, compulsory attendance and truancy to be 
comparable to the laws governing public education in organized areas. The bill also amends 
the laws governing the transportation of elementary students in the unorganized territory 
by removing the provision that prohibits the Commissioner of Education from reimbursing 
parents for the transportation of a student.