§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 that person is residing in the school administrative unit for other than just education
purposes and:
A. It is undesirable and impractical for that student to reside with the student's parent; [2011, c. 502, §1 (AMD).]
B. [2011, c. 502, §1 (RP).]
C. There is a safety reason for the student not to reside with the student's parent;
or [2011, c. 502, §1 (NEW).]
D. Other extenuating circumstances exist that justify residence in the unit. [2011, c. 502, §1 (NEW).]
If a person who is not the student's parent or legal guardian requests that a student
be considered a resident under this subsection, the school administrative unit shall
take reasonable steps to attempt to notify a parent or legal guardian of the request.
In determining whether it is in the best interest of the student to enroll in the
school administrative unit, the superintendent shall consult with knowledgeable employees
of relevant school administrative units that the superintendent considers appropriate.
The superintendent shall send written notice of the enrollment determination to the
person making a request within 10 calendar days of receiving the request to enroll
a student pursuant to this subsection. If the determination is to deny enrollment
because the superintendent determines that enrollment in the school administrative
unit is not in the best interest of the student as provided in this subsection, the
superintendent shall send to the person who made the request written notice of the
denial of enrollment, the reason for the denial and the right to appeal to the commissioner.
The commissioner shall review the superintendent's determination on appeal by the student's parent or legal guardian or the person with whom the student is residing and shall make a
decision within 7 calendar days of receiving the appeal. 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.
[
2011, c. 502, §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)
.]
3-A. Students placed by the Department of Health and Human Services.
Notwithstanding subsection 3, a student who is placed by the Department of Health
and Human Services with an adult who is not the child's parent or legal guardian in
accordance with the educational stability provisions of the federal Fostering Connections
to Success and Increasing Adoptions Act of 2008, Public Law 110-351, 122 Stat. 3949
is considered a resident of either the school administrative unit where the student
resides during the placement or the school administrative unit where the student resided
prior to the placement based on the best interest of the student. The Department
of Health and Human Services, in consultation with the department and the school administrative
units, shall determine which of the 2 units is appropriate and notify that unit in
writing of its determination. The school administrative unit that provides public
education for the student shall count the student as a resident student for subsidy
purposes.
[
2009, c. 508, §1 (NEW)
.]
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. If either of the superintendents decides not to approve the transfer, that superintendent shall provide to the parent of the student requesting transfer under this paragraph
a written description of the basis of that superintendent's determination. [2013, c. 456, §1 (AMD).]
B. On the request of the parent of a student requesting transfer under paragraph A, the
commissioner shall review the transfer. The commissioner shall review the superintendents' determinations and communicate with the superintendents and with the parent of the student prior
to making a decision. The commissioner may approve or disapprove the transfer and
shall provide to the parent of the student and to the superintendents a written decision
describing the basis of the commissioner's determination. [2013, c. 456, §2 (AMD).]
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).]
F. If dissatisfied with the commissioner's decision, a parent of a student requesting
transfer or either superintendent may, within 10 calendar days of the commissioner's
decision, request that the state board review the transfer. The state board shall
review the superintendents' determinations and communicate with the commissioner, the superintendents and the parent of the
student. The state board may approve or disapprove the transfer. The state board
shall make a decision within 45 calendar days of receiving the request and shall provide to the parent of the student,
the superintendents and the commissioner a written decision describing the basis of
the state board's determination. The state board's decision is final and binding. [2013, c. 456, §3 (AMD).]
G. Notwithstanding paragraph D, if the commissioner or state board approves a transfer
under this subsection and the student subject to the transfer is receiving special
education services, the state subsidy of special education costs for the transferred
student may not be reduced as a result of the transfer. [2015, c. 448, §10 (NEW).]
A transfer under this subsection may not be made to a receiving school administrative unit that does not operate a public school that includes the grade level of the student whose parent requests
the transfer, unless the superintendents of both the sending and receiving school administrative
units approve the transfer.
[
2015, c. 448, §10 (AMD)
.]
6-A. Interdistrict enrollment policies.
The school boards of 2 or more school administrative units may adopt mutual policies
allowing the transfer of students, with parental approval, among the participating
units. The policies must set forth procedures and standards governing the transfers,
including but not limited to the school year or years in which the policy applies,
application procedures and standards of responsibility for transportation and special
education. Each school board adopting a policy under this subsection shall file a
copy of the policy with the department prior to the effective date of that policy
and shall provide timely notice of the policy to residents of the school administrative
unit governed by that school board. For the purposes of chapter 606-B, a student
transferred under this subsection is considered a resident of the school administrative
unit to which the student transferred.
[
2011, c. 651, §1 (NEW)
.]
6-B. School management and leadership center enrollment policies.
Members in a school management and leadership center, as defined in section 3801,
subsection 1, paragraph B, may adopt a mutual policy allowing the transfer of students,
with parental approval, among the member school administrative units. The mutual policy
must set forth procedures and standards governing the transfers, including but not
limited to the school year or years in which the policy applies, application procedures
and standards of responsibility for transportation and special education. Each member
school board that adopts the mutual policy under this subsection shall post a copy
of the mutual policy on the school administrative unit’s publicly accessible website
and shall provide timely notice of the policy to residents of the school administrative
unit governed by that school board. For the purposes of chapter 606-B, a student transferred
under this subsection is considered a resident of the school administrative unit to
which the student transferred.
[
2017, c. 284, Pt. VVVVV, §7 (NEW)
.]
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)
.]
9. Foreign exchange student.
A student who is not a resident of the State is considered a resident of the school
administrative unit where the student resides if the superintendent has approved the
acceptance of the student as a foreign exchange student and the student is attending
the school at public expense. For the purposes of this subsection, "foreign exchange
student" means a student who has been approved for a J-1 visa to participate in the
Exchange Visitor Program for secondary school students pursuant to the provisions
of the federal Mutual Educational and Cultural Exchange Program under 22 United States
Code, Chapter 33 and 22 Code of Federal Regulations, Section 62.25.
[
2011, c. 678, Pt. E, §1 (NEW)
.]
10. Student who is not a resident.
Except for a student accepted as a foreign exchange student pursuant to subsection
9, a student who is not a resident of the State and who while not attending school
resides and whose parents reside outside the State is not counted for purposes of
essential programs and services under chapter 606-B.
[
2011, c. 678, Pt. E, §1 (NEW)
.]
11. Students attending the Maine School for Marine Science, Technology, Transportation
and Engineering.
For purposes of subsidy calculation only, students attending the Maine School for
Marine Science, Technology, Transportation and Engineering are not considered residents
of the sending school administrative unit.
[
2015, c. 363, §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).
2009, c. 508, §1 (AMD).
2011, c. 502, §1 (AMD).
2011, c. 651, §1 (AMD).
2011, c. 678, Pt. E, §1 (AMD).
2013, c. 337, §§1, 2 (AMD).
2013, c. 356, §1 (AMD).
2013, c. 424, Pt. J, §1 (AMD).
2013, c. 456, §§1-3 (AMD).
2013, c. 561, §1 (AMD).
2015, c. 363, §3 (AMD).
2015, c. 448, §10 (AMD).
2017, c. 284, Pt. VVVVV, §7 (AMD).