An Act Regarding
Maine Legislature, Session 132, LD 1719
Committee Amendment CA_A_S345 (Senate)

COMMITTEE AMENDMENT " /r " to S.P. 672, L.D. 1719, "An Act Regarding 
Superintendent Agreements for Transfer Students" 
Amend the bill by striking out everything after the enacting clause and inserting the 
following: 
'Sec.1. 20-AMRSA §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 the following conditions are satisfied: 
(1) The~• finEl th:a:t a tmnsfer is ia the stuEleat's eest iaterest; aae 
(2) The staEleat's pareB-t apf)f'o•,res. 
(3) The student's parent makes a written request to the superintendents of the 
sending and receiving school administrative units concurrently. A request for a 
transfer during the school year in which the request is made may be made at any 
point during the year. A request for a transfer beginning the following school year 
must be made after April 15th; 
(4) The student's parent provides all evidence to support the request: 
(5) The superintendent of the sending school administrative unit contacts the 
superintendent of the receiving school administrative unit to discuss the transfer 
prior to each superintendent making that superintendent's determination; 
(6) The superintendents of the sending and receiving school administrative units 
review the evidence provided pursuant to subparagraph ( 4 ). verify the information. 
consider whether the transfer is in the best interest of the student and school 
community and each individually decide to approve or deny the request; and 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A "to S.P. 672, L.D. 1719 (5-'3l/ Sl 
(7) Each superintendent makes that superintendent's determination within 30 
calendar days of receiving the transfer request. 
The superintendents shall notify the commissioner of any transfer approved under this 
paragraph. An approved transfer is in effect for the duration of the school year unless 
the student's parent and both superintendents agree that reversing the transfer is in the 
best interest of the student and school community. If either of the superintendents 
decides not to approve the transfer, :t;aa-t the transfer is denied. Each 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 based on the 
requirements of this paragraph. A transfer request may not be denied for the sole 
reason that the student should attend school where the student's parent resides. 
B. Oa the request of Within 15 calendar days of receiving the determinations of the 
superintendents, the parent of a student requesting transfer under paragraph A; may 
request that the commissioner 5haJ..l. review the transfer. The commissioner shall review 
the superinteadeats' eetennraations evidence. information and documents provided 
pursuant to paragraph A. subparagraphs (3) to (7) and may 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. A transfer request may not be denied for the sole reason 
that the student should attend school where the student's parent resides. 
B-1. If both superintendents denied the transfer request. the commissioner shall review 
only whether the superintendents reached their determinations in a way that was 
arbitrary or unreasonable. In all other circumstances, the commissioner shall review 
whether the transfer is in the best interest of the student and school community. 
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 -1-0-12. calendar days of the commissioner's 
decision, request that the state board review the transfer. The state board shall review 
the sYperinteaesats' eeterminations aae eomffnmicate vi'ith the oommissioaer, the 
seperimeaeems and the pEU'ent of the staeeat only the documents and time lines required 
in paragraph A and the written decision of the commissioner to the student's parent. 
student and superintendents describing the basis of the commissioner's determination. 
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 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" f,r"to S.P. 672,L.D. 1719 C.S-1~S) 
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, aaless the seperiftteadeats of aoth the seading aad Feeei·ling 
sohool administfat:r.'O W'lits appro·.,e the traasfer.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section 
number to read consecutively. 
SUMMARY 
This amendment replaces the bill. The amendment establishes additional procedures 
for certain transfer students. The amendment provides that 2 superintendents may approve 
the transfer of a student from one school administrative unit to another if the student's 
parent provides evidence to support the request, the superintendents discuss and review the 
transfer evidence and whether the transfer is in the best interest of the student and school 
community and the superintendents decide on the transfer within 30 days of receiving the 
request. The amendment also establishes additional procedures for the appeal of a denied 
transfer request to the Commissioner of Education and the State Board of Education and 
provides that a transfer request may not be denied for the sole reason that the student should 
attend school where the student's parent resides. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 05/27/25 LRL 
LD 1719 
LR 1437(02) 
An Act Regarding Superintendent Agreements for Transfer Students 
Fiscal Detail and Notes 
Fiscal Note for Bill as Amended by Committee Amendment ''ft'( S-3tr:/) 
Committee: Education and Cultural Affairs 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Any additional costs to the Department of Education and the State Board of Education to implement the provisions of 
this bill are expected to be minor and can be absorbed within existing budgeted resources. 
LR1437(02) - Fiscal Note - Page 1 of 1