§5205. Other exceptions to the general residency rules
The following exceptions apply in determining a student's right to attend a school in a school administrative unit other than
the one in which the student has permanent residence. [1981, c. 693, §§5, 8 (NEW).]
1.State wards. A state ward shall be considered a resident of the unit where placed.
[
1981, c. 693, §§5, 8 (NEW)
.]
2.Other students not living at home. A student other than a state ward, a state agency client or a homeless child, residing with another person who is not the
student's parent, is considered a resident of the school administrative unit where the student resides if the superintendent
of the unit determines that it is in the best interest of the student because of the following:
A. It is undesirable and impractical for that student to reside with the student's parent, or that other extenuating circumstances
exist which justify residence in the unit; and [1981, c. 693, §§5, 8 (NEW).]
B. That person is residing in the school administrative unit for other than just education purposes. [1981, c. 693, §§5, 8 (NEW).]
The commissioner shall review the superintendent's determination on the request of the student's parent. The commissioner's
decision is final and binding. 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.
[
1991, c. 365, §1 (AMD)
.]
3.Students placed by state agencies. A student who is placed by a state agency in a residential placement other than a residential treatment center, as defined
in section 1, subsection 24-A, paragraph D, subparagraph 3, is considered a resident of the school administrative unit where
the residential placement is located.
A. [1997, c. 326, §2 (RP).]
B. [1997, c. 326, §2 (RP).]
[
1997, c. 326, §2 (AMD)
.]
4.Students living at light, fog warning or life stations. A student living at any light, fog warning or lifesaving station shall be considered a resident of the school administrative
unit where the student chooses to enroll.
[
1981, c. 693, §§5, 8 (NEW)
.]
5.Temporary residents. A student who temporarily resides in a school administrative unit shall be considered a resident of that school unit if
the student is living with a parent who, because of employment, moves from place to place. This subsection may not be construed
to abridge that student's rights in the school administrative unit where the student permanently resides.
[
1981, c. 693, §§5, 8 (NEW)
.]
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. [1981, c. 693, §§5, 8 (NEW).]
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. [1981, c. 693, §§5, 8 (NEW).]
C. The superintendents shall annually review any transfer under this subsection. [1981, c. 693, §§5, 8 (NEW).]
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. [1991, c. 365, §2 (AMD).]
E. A school administrative unit may not charge tuition for a transfer approved under this subsection. [1981, c. 693, §§5, 8 (NEW).]
[
1991, c. 365, §2 (AMD)
.]
7.Homeless students. Pursuant to section 261, the commissioner may adopt rules to ensure that each homeless student has unrestricted access to
the free public education afforded by section 2, subsection 1. The rules must implement the requirements and policies of
the McKinney-Vento Homeless Education Assistance Improvement Act of 2001, 42 United States Code, Section 11431 et seq., and
may be adopted as part of or in conjunction with the required state plan. The rules must include, but are not limited to,
provisions for the resolution of disputes regarding the educational placement of homeless students according to the best interest
of homeless students, provisions that homeless students receive services comparable to services offered to other students
in the schools they attend, provisions to address transportation and health records as a barrier to school admission and other
provisions required by United States Code, Title 42, Section 11431.
[
2003, c. 477, §4 (AMD)
.]
8.Students attending Maine School of Science and Mathematics. For purposes of subsidy calculation only, students attending the Maine School of Science and Mathematics are not considered
residents of the sending school administrative unit.
[
1993, c. 706, Pt. A, §3 (NEW)
.]
SECTION HISTORY
1981, c. 693, §§5,8 (NEW).
1985, c. 797, §33 (AMD).
1991, c. 365, §§1,2 (AMD).
1991, c. 608, §3 (AMD).
1993, c. 706, §A2 (AMD).
1997, c. 326, §2 (AMD).
2003, c. 477, §4 (AMD).
Data for this page extracted on 11/06/2009 08:45:23.