An Act to Promote Public Education in Maine by Amending the
Maine Legislature, Session 132, LD 1760
Committee: Education and Cultural Affairs
Sponsors: HAGGAN
Amends: Title 42, Section 11431, 20-A MRSA §1258, 20-A MRSA §1479, 20-A MRSA §5203, 20-A MRSA §5204, 20-A MRSA §5205

Legislative Document
No. 1760
H.P. 1178
House of Representatives, April 22, 2025
An Act to Promote Public Education in Maine by Amending the 
Laws Governing Student Transfers
Reference to the Committee on Education and Cultural Affairs suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative HAGGAN of Hampden.
Cosponsored by Senator HAGGAN of Penobscot and
Representatives: BAGSHAW of Windham, GRIFFIN of Levant, LYMAN of Livermore Falls, 
MINGO of Calais, SOBOLESKI of Phillips, TUELL of East Machias, Senators: LIBBY of 
Cumberland, TIMBERLAKE of Androscoggin.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  20-A MRSA §1258, sub-§1, ¶C, as enacted by PL 1981, c. 693, §§5 and 
8, is amended to read:
C.  Secondary school facilities may be operated as 4-year schools, a 6-year school for 
grades 7 to 12 or 2 or more 3-year schools, except that students living in an area remote 
from a public school may be provided for under section 5204 5203.
Sec. 2.  20-A MRSA §1479, sub-§1, as enacted by PL 2007, c. 240, Pt. XXXX, 
§13, is amended to read:
1.  Secondary school.  A secondary school facility may be operated as a 4-year school, 
as a 6-year school for grades 7 to 12 or as 2 or more 3-year schools, except that students 
living in an area remote from a public school may be provided for under section 5204 5203.
Sec. 3.  20-A MRSA §5203, as amended by PL 2007, c. 668, §29, is further amended 
to read:
§5203.  Elementary students Student right to attend school in another administrative 
unit
The following provisions govern the right of elementary students a student to attend 
school in another school administrative unit other than the one in which they are that 
student is resident.
1.  Units with an elementary school.  An elementary A student may attend an 
approved private school or a public elementary or secondary school, including a contract 
school under section 2701, in any school administrative unit with the consent of the 
receiving school's school board. The student's parent or guardian, as long as there is 
capacity in the receiving school.  The school administrative unit where the student's parent 
or guardian resides shall pay the cost of tuition and transportation.  The receiving school 
shall notify the superintendent of the school administrative unit where the student's parents 
reside parent or guardian resides of the name and grade of the accepted student.
2.  Living remote from public schools in a school administrative unit.  Elementary 
students A student whose parents live parent or guardian lives remote from a public school 
in their that student's school administrative unit may, with the consent of the school board 
in their unit, attend public school in an adjoining school administrative unit in Maine or a 
neighboring state if the adjoining unit accepts tuition students has the capacity in the 
receiving school and grade level to accept students. The school administrative unit where 
the students' parents reside student's parent or guardian resides shall pay tuition and 
transportation.  The receiving school shall notify the superintendent of the school 
administrative unit where the student's parent or guardian resides of the name and grade of 
the accepted student. 
3.  Contract school.  Students A student whose parents reside parent or guardian 
resides in a school administrative unit which that contracts for school privileges under 
section 2701 may attend the contract school.  The school administrative unit in which their 
parents reside the student's parent or guardian resides shall pay the costs of the contract and 
transportation.  The receiving contract school shall notify the superintendent of the school 
administrative unit where the student's parent or guardian resides of the name and grade of 
the accepted student. 
4.  Exception; no elementary school.  A school administrative unit that neither 
maintains an elementary a school nor contracts for elementary school privileges pursuant 
to chapter 115 shall pay the tuition, in accordance with chapter 219, at the public school or 
the approved private school of the parent's choice at which the student is accepted.  The 
receiving school shall notify the superintendent of the school administrative unit where the 
student's parent or guardian resides of the name and grade of the accepted student. 
5.  Units with 10 or fewer students.  Elementary students A student whose parents 
reside parent or guardian resides in a school administrative unit with a total April 1st 
resident student count of 10 or less may attend public school as a tuition students student 
in a nearby school administrative unit.  The school board of the nearby school 
administrative unit shall accept the students student if requested by the school board of the 
unit in which the students' parents reside student's parent or guardian.  The school board 
where the students' parents reside student's parent or guardian resides shall pay tuition and 
transportation.  The receiving school shall notify the superintendent of the school 
administrative unit where the student's parent or guardian resides of the name and grade of 
the accepted student. 
Sec. 4.  20-A MRSA §5204, as amended by PL 2007, c. 668, §30, is repealed.
Sec. 5.  20-A MRSA §5205, sub-§6, as amended by PL 2015, c. 448, §10, is further 
amended to read:
6.  Transfer students.  The Pursuant to section 5203, the following provisions apply 
to student transfers of students from one school administrative unit to another school 
administrative unit and from one school to another school within the same school 
administrative unit.
A.  Two superintendents may 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.
The superintendents shall notify the commissioner of any transfer approved under this 
paragraph.  If either of the superintendents decides not to approve the transfer, 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.
A-1.  A request by a student's parent or guardian for a transfer from one school 
administrative unit to another school administrative unit or from one school to another 
school within the same school administrative unit must be approved by the receiving 
school administrative unit or school, as long as there is sufficient capacity for 
enrollment at the receiving school and grade level pursuant to paragraph C-1.  If a 
transfer request is denied, the receiving school administrative unit shall provide to the 
student's parent or guardian a written description of the basis of that school 
administrative unit's decision.
B.  On the request of the parent of a student requesting transfer If a transfer request 
under paragraph A A-1 is denied, the commissioner shall review the transfer.  The 
commissioner shall review the superintendents' receiving school administrative unit's 
determinations and communicate with the superintendents receiving school 
administrative unit and with the parent or guardian of the student prior to making a 
decision. The commissioner may approve or disapprove the transfer and shall provide 
to the parent or guardian of the student and to the superintendents receiving school 
administrative unit a written decision describing the basis of the commissioner's 
determination.
C.  The superintendents shall annually review any transfer under this subsection.
C-1.  A school administrative unit shall determine monthly the available capacity per 
grade level in each of the school administrative unit's schools.  The number of available 
seats per grade level must be posted on each school's publicly accessible website by 
the first day of each month.  The capacity for each school must be measured by grade 
level and may not be measured by program or special program capacity. 
C-2.  A transfer policy created by a school administrative unit may not discriminate 
against any student on the basis of that student's residential address, ability, disability, 
race, ethnicity, sex or socioeconomic status. 
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 the student is 
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 cannot be located, the subsidy is the state average subsidy.
D-1.  Each school administrative unit shall adopt and implement a policy that allows 
students to apply for transfer to another public school within the student's resident 
school administrative unit or to a school in another school administrative unit.  The 
policy must outline the procedures for submitting a transfer request and the rights of 
students under the policy.  Each school administrative unit shall post the adopted 
transfer policy prominently on its publicly accessible website.
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 or guardian 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' school administrative units' determinations and 
communicate with the commissioner, the superintendents school administrative units 
and the parent or guardian 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 or guardian of the student, the 
superintendents school administrative units 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 or guardian requests the transfer, unless the superintendents of both the sending and 
receiving school administrative units approve the transfer.
A school administrative unit shall notify the commissioner annually by July 1st of the 
number of transfer applications, acceptances and denials and the reason for each denial.  
The commissioner shall publish the data annually on the department's publicly accessible 
website.
Sec. 6.  20-A MRSA §5205, sub-§6-A, as enacted by PL 2011, c. 651, §1, is 
amended to read:
6-A.  Interdistrict enrollment policies.  The school School boards of 2 or more school 
administrative units may adopt mutual policies allowing that wish to allow the transfer of 
students, with parental or guardian approval, among the participating units.  The must adopt 
mutual policies must that set forth procedures and standards governing the transfers, 
including but not limited to the school year or years in which the policy applies, application 
procedures and standards of responsibility for transportation and special education.  Each 
school board adopting a policy under this subsection shall file a copy of the policy with the 
department prior to the effective date of that policy and shall provide timely notice of the 
policy to residents of the school administrative unit governed by that school board.  For the 
purposes of chapter 606‑B, a student transferred under this subsection is considered a 
resident of the school administrative unit to which the student transferred.
Sec. 7.  20-A MRSA §5205, sub-§6-B, as amended by PL 2019, c. 219, §5, is 
further amended to read:
6-B.  Education service center enrollment policies.  Members in an education service 
center, as defined in section 3801, subsection 1, paragraph B, may shall adopt a mutual 
policy allowing the transfer of students, with parental or guardian approval, among the 
member school administrative units. The mutual policy must set forth procedures and 
standards governing the transfers, including but not limited to the school year or years in 
which the policy applies, application procedures and standards of responsibility for 
transportation and special education. Each member school board that adopts the mutual 
policy under this subsection shall post a copy of the mutual policy on the school 
administrative unit's publicly accessible website and shall provide timely notice of the 
policy to residents of the school administrative unit governed by that school board. For the 
purposes of chapter 606‑B, a student transferred under this subsection is considered a 
resident of the school administrative unit to which the student transferred.
Sec. 8.  20-A MRSA §5205, sub-§7, as amended by PL 2003, c. 477, §4, is further 
amended to read:
7.  Homeless students.  Pursuant to section 261, the commissioner may shall adopt 
rules to ensure that each homeless student has unrestricted access to the free public 
education afforded by section 2, subsection 1.  The rules must implement the requirements 
and policies of the McKinney-Vento Homeless Education Assistance Improvement Act of 
2001, 42 United States Code, Section 11431 et seq., and may be adopted as part of or in 
conjunction with the required state plan.  The rules must include, but are not limited to, 
provisions for the resolution of disputes regarding the educational placement of homeless 
students according to the best interest of homeless students, provisions that homeless 
students receive services comparable to services offered to other students in the schools 
they attend, provisions to address transportation and health records as a barrier to school 
admission and other provisions required by United States Code, Title 42, Section 11431.
SUMMARY
This bill amends the laws governing student school transfers by:
1.  Consolidating the provisions regarding elementary school transfers and secondary 
school transfers into one section of law; 
2.  Requiring notification of accepted transfers to parents and guardians and the sending 
school administrative unit and amending decision review procedures; 
3.  Establishing requirements regarding school capacity for transfer students and 
requiring school administrative units to report to the Commissioner of Education annually 
the number of transfer applications, acceptances and denials and the reason for each denial;
4.  Requiring that a school administrative unit's transfer policy not discriminate against 
any student on the basis of that student's residential address, ability, disability, race, 
ethnicity, sex or socioeconomic status; 
5. Requiring school boards of 2 or more school administrative units that wish to allow 
the transfer of students among the participating units to adopt mutual policies that set forth 
procedures and standards governing the transfers and requiring members of an education 
service center to adopt a mutual policy allowing the transfer of students among the member 
school administrative units; and 
6.  Requiring the commissioner to adopt rules to ensure that homeless students have 
unrestricted access to free public education.