An Act To Amend the Process Controlling the Transfer of a Student between School Administrative Units
Sec. 1. 20-A MRSA §5205, sub-§6, ¶A, as amended by PL 2013, c. 337, §1, is further amended to read:
(1) They find that a transfer is in the student's best interest . For purposes of this subparagraph, a transfer is in the student's best interest if the student or the parent of the student demonstrates that the student has significant and unique educational, health or safety needs that:
(a) Are school-related;
(b) Cannot be met by the school administrative unit in which the student resides; and
(c) Would be met as a result of the transfer and the student's maintaining nonresident status; 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 decide decides not to approve the transfer, the superintendents that superintendent shall provide to the parent of the student requesting transfer under this paragraph a written description of the basis of their that superintendent's determination that the transfer is not in the student's best interest.
Sec. 2. 20-A MRSA §5205, sub-§6, ¶B, as repealed and replaced by PL 2013, c. 424, Pt. J, §1, is amended to read:
Sec. 3. 20-A MRSA §5205, sub-§6, ¶F, as enacted by PL 2013, c. 337, §2, is amended to read:
summary
Under current law, a student or the parent of a student may request a transfer to a school administrative unit in which the student does not reside. The superintendents of both the sending and the receiving school administrative units may approve the transfer if they find that it is in the best interests of the student. The decision is appealable to the Commissioner of Education, who may approve or disapprove the transfer. That decision is appealable to the State Board of Education, which may approve or disapprove the transfer.
This bill provides a standard for what constitutes a student's best interest. The bill requires that, if the decision of one or both of the superintendents to deny the transfer is appealed, the Commissioner of Education must uphold the decision unless the commissioner determines that the decision to deny the transfer was arbitrary and capricious, in which case the commissioner may approve the transfer. If that decision is appealed to the State Board of Education, the board must uphold the decision to deny the transfer unless the board determines that the decision was arbitrary and capricious, in which case the board may approve the transfer.