Sec. 1. 20-A MRSA §5401, sub-§§1, 2 and 3, as enacted by PL 1981, c. 693, §§5 and 8, are amended to read:

1. Municipal school units. The Except as provided in subsection 3-A, the superintendent of schools in a municipal school unit shall, with the approval of the school board, provide transportation for elementary school students a part of or the whole distance to and from the nearest suitable elementary school. The municipality may provide transportation for secondary level students.

2. School administrative district. The Except as provided in subsection 3-A, the superintendent of schools in a school administrative district shall, with the approval of the school board, provide transportation for:

A. Elementary school students a part of or the whole distance to and from the nearest suitable school; and

B. Secondary school students a part of or the whole distance to the district's secondary school or to and from the secondary school in the school administrative unit or units with which the district has contracted for secondary school privileges. The school board may provide transportation for secondary school students attending other secondary schools.

3. Community school district. The Except as provided in subsection 3-A, the community school district district school committee shall either:

A. Instruct the superintendent of schools to provide transportation for elementary and secondary school students all or a part of the way to and from the nearest suitable school; or

B. Provide transportation in accordance with a written agreement with the member school administrative units.

Sec. 2. 20-A MRSA §5401, sub-§3-A is enacted to read:

3-A.__Transportation for students in kindergarten to grade 3.__ The school administration unit shall provide transportation for:

A.__Kindergarten students to and from the students' residences; and