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An Act To Increase Transparency and Improve Equity in Appeals to Superintendents' Agreements
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 20-A MRSA §5205, sub-§6, as amended by PL 1991, c. 365, §2, is further amended to read:
 
6. Transfer students.   The following provisions apply to transfers of students from one school administrative unit to another.
 
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.
 
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 beis final and binding.
 
C. The superintendents shall annually review any transfer under this subsection.
 
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 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, the subsidy is the state average subsidy.
 
E. A school administrative unit may not charge tuition for a transfer approved under this subsection.
 
A transfer approved under this subsection may be made only to a receiving school administrative unit that operates a public school that includes the grade level of the student whose parent requests the transfer.
 
Effective 90 days following adjournment of the 126th Legislature, First Regular Session, unless otherwise indicated.