D. For purposes of the state school subsidy, in the case of a transfer of a student from one school administrative unit to another, 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 or in the case of a transfer to a private school approved for tuition purposes under section 2951, the subsidy is the state average subsidy.

E. A school administrative unit or private school approved for tuition purposes under section 2951 may not charge tuition for a transfer approved under this subsection.

Sec. 4. 20-A MRSA §5205, sub-§9 is enacted to read:

9.__Educationally disadvantaged students from low-performing public schools.__In accordance with subsection 6, 2 superintendents or a superintendent and the headmaster of a private school approved for tuition purposes under section 2951 shall approve the transfer of a student from one public school to another or from a public school to a private school approved for tuition purposes under section 2951 if the student has failed to meet state academic and student achievement standards and the school from which the student is applying to transfer has failed to achieve adequate yearly progress and the school to which the student is applying to transfer has achieved adequate yearly progress.__For the purposes of this subsection, the terms "state academic and student achievement standards" and "adequate yearly progress" have the same meaning as in the federal No Child Left Behind Act of 2001, 20 United States Code, Chapter 70, Subchapter I.

Sec. 5. Implementation. In carrying out this Act, the Department of Education is guided by the following principles.

1. Child's best interests. Parents are best equipped to make decisions for their child, including choosing the educational setting that best serves the educational needs and interests of that child.