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 §6452, as amended by PL 1989, c. 730 and PL 2003, c. 689, Pt. B, §§6 and 7, is repealed.

Sec. 3. 20-A MRSA §6453, as enacted by PL 1981, c. 693, §§5 and 8, is repealed.

Sec. 4. 20-A MRSA §8605, sub-§3 is enacted to read:

3.__Transfer student.__The following provisions apply to the transfer of a student from one school administrative unit to another 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:

(1)__They find that a transfer is in the student's best interest; and

(2)__The student's parent approves.

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 is final and binding.

C.__The appropriate superintendents shall review annually any transfer made 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 paragraph when reporting the number of these students to the department.