Notice of change in law regarding Superintendent Agreements

The statute regulating Superintendent Agreements has been amended to include the following language: “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.”

As a result of this new law, a transfer granted so the student can be tuitioned to a private school will no longer be allowed.   Other examples of allowable and non-allowable transfers:

Grade level for the student from the sending school Receiving School and Grades Allowable
transfer under new law
6 A public school administrative unit that operates schools for Pre-Kindergarten to Grade 8 Yes
9 A public school administrative unit that operates schools for Pre-Kindergarten to Grade 12 Yes
9 A public school administrative unit that operates schools for Pre-Kindergarten to Grade 8 and that tuitions students to a private school or another  public school administrative unit for grades 9 through 12 No
5 A public school administrative unit that does not operate schools and tuitions students to a private school or another  public school administrative unit for grades Pre-Kindergarten through 12 No

Pursuant to the Constitution of Maine, Article IV, Part Third, Section 16, the general effective date for nonemergency laws passed in the First Regular Session of the 126th Legislature is Wednesday, October 9, 2013.

Effective immediately, the Commissioner will not grant any appeals for the 2013-14 school year and beyond that would be in conflict with this new law.

After the effective date, two superintendents may not authorize a student transfer to a receiving school administrative unit that does not include the grade level of the student whose parent requests the transfer.

If two superintendents, after seeking legal advice, agree to this type of a student transfer prior to October 9, then the Department will recognize these transfers for the 2013-14 school year.  We require copies of the superintendent agreements (signed by both superintendents) for these types of student transfers for the 2013-14 school year issued prior to October 9, 2013 be faxed to Richard Bergeron, School Enrollment Consultant, at 207-512-1150.

If a student continues to attend a school that was formerly approved under a superintendent agreements/transfers that is no longer allowable under this new law because that student’s resident school administrative units operates a school with the grade level of this student, the parent shall be responsible for the cost of the tuition and transportation (20-A MRSA §5203(1) and §5204(1)) to the attending school.

The Department strongly recommends that Superintendents communicate with any parents impacted by this change to allow enough time to make an informed decision on the education of their child(ren).

The Department will issue an Administrative Letter explaining the procedural changes required by a separate set of amendments to 20-A MRSA §5203(6) shortly.

2 responses to “Notice of change in law regarding Superintendent Agreements

  1. I do not understand why superintendents do not have to report to their school boards when these transfers are made. None of the information is ever made public. It appears to be an under the table procedure. These new requirements are a step in the right direction.

  2. Richard C. Larson

    With all the rules and regulations regarding Supt. agreements, it would be much easier if school choice would be available for all students. All students should be treated equally and not be subject to the politics of Supt. agreements being either approved or denied.

    Richard Larson
    Retired Cost Accounting and Economics Instructor

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