CHAPTER 151
S.P. 295 - L.D. 887
An Act To Amend the Education Laws Regarding Equivalent Instruction and Adult Education
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 20-A MRSA §5021, first ¶, as amended by PL 2003, c. 181, §2, is further amended to read:
A school administrative unit shall conform to the following standards in making public school resources and services available to a student enrolled in a home instruction program under section 5001-A, subsection 3, paragraph A, subparagraph (4) for a student otherwise eligible to attend school in that school administrative unit, including a student who resides in the unorganized territory.
Sec. 2. 20-A MRSA §8605, sub-§3 is enacted to read:
3. Transfer student. The following provisions apply to the transfer of a student who has not attained 20 years of age from one school administrative unit to another for the purposes of state subsidy when the student is not attending a public school and is enrolled in an adult education course.
A. The transferor superintendent and the transferee superintendent may approve the transfer of a student from one school administrative unit to another if they find that the transfer is in the student's best interest and the student is in agreement with that finding. If the student has not attained 18 years of age and is not an emancipated minor, the student's parent must approve of the transfer.
B. When a student has been denied a transfer under paragraph A, the student or the parent of a student who has not attained 18 years of age may request from the commissioner a review of the denial. The commissioner shall review the decision and may approve or disapprove the transfer. The commissioner's decision is final and binding.
C. A superintendent shall review annually any transfers made into or out of that superintendent's school administrative unit under this subsection.
D. For purposes of state subsidy, a student transferred under this subsection is considered a resident of the school administrative unit to which the student is transferred. The superintendent of the receiving unit shall certify to the commissioner any transfer approved under this subsection when reporting to the department the number of adult education students who have not attained 20 years of age.
Effective September 17, 2005.
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