An Act Regarding Superintendent Agreements for Transfer
Maine Legislature, Session 132, LD 1719
Committee: Education and Cultural Affairs
Sponsors: RAFFERTY, SARGENT
Amends: 20-A MRSA §5205

Legislative Document
No. 1719
S.P. 672
In Senate, April 17, 2025
An Act Regarding Superintendent Agreements for Transfer 
Students
Reference to the Committee on Education and Cultural Affairs suggested and ordered 
printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator RAFFERTY of York.
Cosponsored by Representative SARGENT of York and
Representatives: DODGE of Belfast, MURPHY of Scarborough.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  20-A MRSA §5205, sub-§6, ¶A, as amended by PL 2013, c. 456, §1, is 
repealed.
Sec. 2.  20-A MRSA §5205, sub-§6, ¶A-1 is enacted to read:
A-1.  The following provisions govern the process for initiating a request to transfer a 
student from one school administrative unit to another and the process by which a 
superintendent may approve or deny a request and give notice of the superintendent's 
decision. 
(1) A student's parent may request to transfer the student from one school 
administrative unit to another at any point in the school year if the transfer request 
is for the current school year.  A student's parent may not submit a request before 
April 15th if the parent is requesting that the student be transferred to another 
school administrative unit for the following school year. 
(2) A transfer request must be initiated by submitting a request to the 
superintendent of the school administrative unit where the student resides.  The 
superintendent receiving a transfer request shall consult with the superintendent of 
the school administrative unit to which the student's parent is requesting the student 
be transferred before either superintendent decides to approve or deny the request.  
Each superintendent shall make a determination within 30 calendar days of 
receiving a transfer request.
(3) A superintendent may approve the transfer of a student from one school 
administrative unit to another if the superintendent finds that the transfer is in the 
best interest of the student and the school community. 
(4) A transfer request is not approved unless both superintendents approve the 
request.
(5) If approved, the transfer takes effect for the entirety of the school year. If during 
the school year there is a change of circumstances unrelated to the original transfer 
request and the parent and both superintendents agree that reversing the transfer is 
in the best interest of the student and school communities, the transfer must be 
reversed. 
(6) The superintendents shall notify the commissioner of any transfer approved 
under this paragraph. 
(7) Each superintendent shall provide to the parent of the student requesting a 
transfer under this paragraph a written description of the basis of that 
superintendent's determination and documentation of the process taken to reach 
that determination. 
Sec. 3.  20-A MRSA §5205, sub-§6, ¶B, as amended by PL 2013, c. 456, §2, is 
repealed.
Sec. 4.  20-A MRSA §5205, sub-§6, ¶B-1 is enacted to read:
B-1.  If a transfer request made under paragraph A-1 is denied, the parent of the student 
requesting the transfer may, within 15 calendar days of receiving notice of a 
superintendent's determination, request that the commissioner review the 
determination.  Upon a timely request made pursuant to this paragraph, the 
commissioner shall review the determination as follows. 
(1) If only one superintendent has denied the transfer request, the commissioner 
shall review whether the transfer is in the best interest of the student and school 
community and whether the process described in paragraph A-1 was followed.  The 
commissioner shall review the superintendents' determinations and may 
communicate with the superintendents and with the parent of the student prior to 
making a decision.  The commissioner may approve or deny 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.  A parent of the student 
requesting the transfer and either superintendent involved in the transfer request 
may request a review of the commissioner's determination as follows. 
If dissatisfied with the commissioner's decision, a parent of the student requesting 
a transfer or either superintendent may, within 15 calendar days of notification of 
the commissioner's decision, request that the state board review the transfer to 
ensure the process was followed with respect to the determinations made by the 
superintendents pursuant to paragraph A-1 and the review performed by the 
commissioner pursuant to this subparagraph.  The state board shall review 
documentation from each superintendent and the commissioner outlining the 
process each individual used for deciding to approve or deny the transfer.  The state 
board shall, within 45 calendar days of receiving the request, determine whether 
the appropriate processes were followed.  The state board 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. 
(a) If the state board determines that the superintendents and the commissioner 
followed the appropriate processes, the state board shall uphold the 
commissioner's decision.  The state board's decision is final and binding. 
(b) If the state board determines that either superintendent or the commissioner 
did not follow the appropriate process, the superintendents shall revisit the 
transfer request within 30 calendar days and issue a new determination with 
documentation showing the process was followed.  The state board shall 
review the process that was followed to issue the new determination, and if the 
state board determines that the process required of the superintendents as 
described in paragraph A-1 was not followed, the state board may decide to 
overturn the superintendents' determination based on the facts of the case.  The 
state board's decision is final and binding. 
(2) If both superintendents have denied the transfer request, the commissioner shall 
review only whether the process described in paragraph A-1 was followed. 
(a) If the commissioner determines that the process was followed, the transfer 
request is denied.  This determination is final and binding. 
(b) If the commissioner determines that the process was not followed, the 
superintendents shall revisit the transfer request within 30 calendar days of 
notification from the commissioner.  Each superintendent shall issue a new 
determination to the parent with documentation showing the process was 
followed. 
Sec. 5.  20-A MRSA §5205, sub-§6, ¶F, as amended by PL 2013, c. 456, §3, is 
repealed.
SUMMARY
This bill modifies the provisions of law governing requests to transfer a student from 
one school administrative unit to another school administrative unit. 
The bill clarifies when during the school year a student's parent may request a transfer 
for the current school year or for the following school year.  The bill clarifies that a transfer 
request is initiated with the superintendent of the school administrative unit where the 
student resides and that the superintendent must consult with the superintendent of the 
school to which the student's parent is requesting the student be transferred before 
approving or denying the transfer.  The bill also clarifies that both superintendents must 
approve the transfer and if one denies the transfer request, the transfer request is denied. 
The bill modifies the existing processes for reviewing transfer request determinations.  
In current law, a parent may request that the Commissioner of Education review a transfer 
decision, and the commissioner must review the superintendents' decisions, communicate 
with the parties and either approve or deny the request.  In current law, a parent may also 
request the commissioner's decision be reviewed by the State Board of Education, which 
must either approve or deny the transfer request. 
The bill modifies this process by establishing different standards of review for a case 
where a request is denied by only one of the superintendents versus a case where both 
superintendents have denied the request.  The bill specifies that only requests that have 
been denied by one but not both superintendents may be referred to the state board for an 
additional review after the commissioner has reviewed the superintendents' determinations.  
The bill also provides that, for the determinations of the commissioner that may be referred 
to the state board, the superintendents involved and the student's parent are authorized to 
request that the state board review the commissioner's decision.  The bill provides 
additional details concerning the subject matter of the reviews conducted by the 
commissioner and the state board, the materials that must be reviewed, with whom the 
commissioner may confer and the effect of the commissioner's and state board's 
determinations on the status of the transfer request.