Administrative Letter: #7
Policy Code: CBC
To: Superintendents, School Board Chairs, and Private School Head Administrators
From: Robert G. Hasson, Jr., Ed.D., Acting Commissioner
Date: March 15, 2017
Re: Superintendent Transfer Agreements

Last year, the Maine Department of Education sent out a letter to Superintendents entitled Clarification of Commissioner’s Review of Superintendent Agreements. As we move closer to the 2017-2018 school year and we begin to see more Superintendent Transfer Agreement requests, it may be helpful to review the letter again carefully. I also want to provide some additional guidance to address questions and clarify issues about the Superintendent Transfer request process at the local level.
Specifically, Superintendent Transfer Agreements are designed to facilitate a student transfer from one school administrative unit (SAU) to another for the student’s best interest. Per Title 20-A MRSA Section 5205(6):

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).

SAUs often use a form to collect transfer request information, and to deliver decisions. The Department has created sample forms which may be adopted as part of the Superintendent transfer agreement process (optional):

• Sample Parent Request for Superintendent Transfer Agreement form, and
• Sample Superintendent Transfer Request Determination form.

Please feel free to use the forms as templates. These forms model the type of information that should be requested and generated as Superintendents and parents work through the details of a transfer.

When communicating with parents about required documentation for transfer request submission to the Superintendent, SAUs may advise parents to write a letter supporting their request and to include supporting documentation and compelling reasons for the request. Parents should be advised not to submit anything that they would not want shared with the Department or the State Board of Education, should the request be denied and subsequently appealed.

When responding to requests, it is important to communicate the basis for the Superintendent’s decision, based on the student’s best interest.

If the transfer is agreed to by both sending and receiving Superintendents, the student becomes a resident of the receiving SAU for one school year. Please note that agreements may not be subject to revocation, rescission, or contingencies for the school year. These students must be afforded the same rights and responsibilities as students who reside in the SAU.

Under a transfer, the receiving unit, by accepting the student as a resident of the receiving unit, is accepting full fiscal responsibility for the student just as with any other resident of the SAU, including fiscal responsibility for special education services. Special education services must be provided to transfer students by the receiving SAU at no cost to the parent and the cost of these services may not be billed to the sending SAU.

When possible, requests should be made and decisions rendered in an expedient manner, and preferably prior to the start of the school year.  In order to properly account for SAU fiscal responsibilities, it is recommended that the transfer be in effect for the October 1^st student count. For students who have been in ongoing attendance and where tuition has been paid by the parent, tuition adjustments will be effective as of the date of parent request to the Superintendent.

Thank you for rendering informed and thoughtful Superintendent Transfer Agreement guidance and decisions that are in the best interest of Maine students.

For more information regarding this letter, please contact Pamela Ford-Taylor at Pamela.Ford-Taylor@maine.gov or (207) 624-6617.

Administrative Letter: #6
Policy Code: ID
To: Superintendents, School Board Chairs, and Private School Head Administrators
From: Robert G. Hasson, Jr., Ed.D., Acting Commissioner
Date: March 6, 2017
Re: Rescheduling and Requesting Waivers for Storm Days

As many of you are well aware, this winter has resulted in above normal snowfall amounts and many school administrative units have had to exceed the number of storm days that were originally planned for in the school calendar. This has resulted in concerns about meeting the regulations pertaining to the length of the school year. Below we have provided a link to the regulations pertaining to rescheduling and requesting waivers for storm days, along with a brief summary that we hope will help administrative leaders as they make decisions about how to make up the lost days. In Chapter 125: Basic Approval Standards: Public Schools and School Administrative Units Section 6.01, subsections C (1) and (2), regulations state that the Commissioner may waive the minimum school year requirements upon submission of a written request from the school board to the Commissioner, and that waivers will be granted only after school officials have exhausted all reasonable avenues for making up lost school days, and only in extraordinary circumstances. As a reminder, the requirement is 175 days for students in grades K-11, and 170 days for high school seniors. Acceptable efforts to reschedule classes include the following:

• Rescheduling or shortening scheduled vacation
• Postponing the scheduled school closing date
• Conducting classes on weekends
• In addition, districts sometimes choose to revert a scheduled teacher in-service day to a student instructional day

Please note, under Chapter 125 Section 6.02, subsection C, school administrative units may, with the permission of the Commissioner, schedule a one hour extension of the school day for up to 25 days in a school year; 5 one hour extensions may be counted as an additional school day. Please see the Waivers for Snow Days Frequently Asked Questions provided on Maine DOE’s website for more details, including defining/calculating an instructional day. Waivers should be submitted in writing from the school board or its designee to the Commissioner’s Office at the Maine Department of Education [per Chapter 125 Section 6.01 subsection C (2)]. In addition, please contact Pamela Ford-Taylor, School Approval Services, by email Pamela.Ford-Taylor@maine.gov or by phone 624-6617, of the intent to file a waiver request as soon as possible. We all realize how valuable instructional time is for our students. Thank you for your efforts to ensure that your students have the opportunity to learn for the intended full school calendar year.