An Act to Require the Approval of Superintendent Agreements
Maine Legislature, Session 132, LD 0607
Sponsors: LIBBY
Amends: 20-A MRSA §5205

Legislative Document
No. 607
H.P. 375
House of Representatives, February 25, 2025
An Act to Require the Approval of Superintendent Agreements 
Regarding Transfers of Students Between School Administrative 
Units
Received by the Clerk of the House on February 20, 2025.  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 LIBBY of Auburn.
Cosponsored by Representatives: BOYER of Poland, FOLEY of Wells, FOSTER of Dexter, 
HAGGAN of Hampden, LANCE of Paris, OLSEN of Raymond, POIRIER of Skowhegan.
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 shall 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.; and
(3)  The superintendent of the receiving school administrative unit has determined 
the school administrative unit has the capacity to enroll the student pursuant to 
paragraph H.
The superintendents shall notify the commissioner of any transfer approved under this 
paragraph.  The student's parent or legal guardian is responsible for providing 
transportation to the receiving school administrative unit. If either of the 
superintendents decides not to approve the transfer the superintendent of the receiving 
school administrative unit determines that the school administrative unit does not have 
the capacity to enroll the student pursuant to subparagraph (3), 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.
H.  A transfer under this subsection must be approved if the receiving school 
administrative unit has adequate physical space to enroll the student and enrolling the 
student would not require additional staff.
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.
SUMMARY
This bill provides that, in the case of a student transferring from one school 
administrative unit to another, the superintendent of each school administrative unit must 
approve the transfer if the student's parent approves and the superintendent of the receiving 
school administrative unit has determined that the school administrative unit has the 
capacity to enroll the student.  A transfer must be approved if the receiving school 
administrative unit has adequate physical space to enroll the student and enrolling the 
student would not require additional staff.