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An Act To Improve the Student Transfer Process
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 20-A MRSA §5205, sub-§6, ¶B, as amended by PL 2013, c. 456, §2, is further amended to read:
 
B. On the request of the parent of a student requesting transfer under paragraph A, the commissioner shall review the transfer, except that if both superintendents find a transfer is not in the student's best interest and decide not to approve the transfer, the parent of a student requesting transfer under paragraph A may not request the commissioner review the decision. 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.
Sec. 2. Commission To Study the Student Transfer Process. Notwithstanding Joint Rule 353, the Commission To Study the Student Transfer Process, referred to in this section as "the commission," is established.
1. Membership. The commission consists of 7 members appointed as follows:
A. One member of the Senate appointed by the President of the Senate who is a member of the Joint Standing Committee on Education and Cultural Affairs;
B. Three members of the House of Representatives appointed by the Speaker of the House who are members of the Joint Standing Committee on Education and Cultural Affairs;
C. One member who is a representative of the Maine School Superintendents Association appointed by the President of the Senate;
D. One member who is a representative of the Maine Education Association appointed by the Speaker of the House; and
E. The Commissioner of Education or the commissioner's designee.
2. Chairs. The Senate member is the Senate chair and the first-named House of Representatives member is the House chair of the commission.
3. Appointments; convening of commission. All appointments must be made no later than 30 days following the effective date of this Act. The appointing authorities shall notify the Executive Director of the Legislative Council once all appointments have been completed. After appointment of all members, the chairs shall call and convene the first meeting of the commission. If 30 days or more after the effective date of this Act a majority of but not all appointments have been made, the chairs may request authority and the Legislative Council may grant authority for the commission to meet and conduct its business.
4. Duties. The commission shall conduct a comprehensive review of the appeal process under the laws governing the transfer of a student from one school administrative unit to another school administrative unit pursuant to the Maine Revised Statutes, Title 20-A, section 5205, subsection 6. The review must include, but is not limited to, the following:
A. A review of the criteria used by the Commissioner of Education and the State Board of Education to make a decision regarding a parent's request for the Commissioner of Education or the State Board of Education to review a decision to not approve a request for a student from one school administrative unit to transfer to another school administrative unit; and
B. An examination of potential criteria for reviewing a parent's appeal request regarding a request for a student to transfer from one school administrative unit to another school administrative unit. As part of the examination, the commission shall consider criteria that support the best interests of students and make the appeal process convenient and simple for the parent.
5. Staff assistance. The Legislative Council shall provide necessary staffing services to the commission.
6. Report. No later than December 6, 2017, the commission shall submit a report that includes its findings and recommendations, including suggested legislation, to the Joint Standing Committee on Education and Cultural Affairs. The Joint Standing Committee on Education and Cultural Affairs may report out a bill to the Second Regular Session of the 128th Legislature.
 
SUMMARY
This bill provides that a parent of a student requesting a transfer from one school administrative unit to another school administrative unit may not request the Commissioner of Education to review a decision to not approve a transfer if both superintendents find a transfer is not in the student's best interest. The bill also establishes the Commission To Study the Student Transfer Process to conduct a review of the appeal process under the laws governing the transfer of a student from one school administrative unit to another school administrative unit, including, but not limited to, a review of the criteria used by the Commissioner of Education and the State Board of Education to make a decision regarding a parent's request to review a decision to not approve a transfer.