PLEASE NOTE: Legislative Information cannot perform research, provide legal advice, or interpret Maine law. For legal assistance, please contact a qualified attorney.
An Act To Apply the Standard of Best Educational Interest to Superintendent Agreements for Transfer Students
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 20-A MRSA §5205, sub-§6, ¶¶A and B, as enacted by PL 1981, c. 693, §§5 and 8, are amended to read:
 
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 educational interest; and
 
(2) The student's parent approves.
 
The superintendents shall notify the commissioner of any transfer approved under this paragraph.
 
B. On the request of the parent of a student requesting transfer under paragraph A, the commissioner shall review the transfer. The commissioner's decision shall be final and binding.The commissioner may modify the transfer decision only upon a written finding that the student may not have the opportunity to receive the benefits of a free public education without the transfer.
 
SUMMARY
This bill clarifies the standard to be applied by superintendents when considering the transfer of a student from one school administrative unit to another by incorporating the standard set forth in the Maine Revised Statutes, Title 20-A, section 2, which is that a student must be provided an opportunity to receive the benefits of a free public education.