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An Act To Define "Surrogate" for Student Residency Purposes
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 20-A MRSA §5202, as amended by PL 1985, c. 789, §§3 and 9, is further amended to read:
§ 5202.Residence
 
1. Definitions.   For the purposes of this chapter, "parent" means the parent or guardian with legal custodyunless the context otherwise indicates, the following terms have the following meanings.
 
A.  "Parent" means the parent or guardian with legal custody.
 
B.  "Surrogate" means:
 
(1) An adult who is not a parent or legal guardian but who is related to a minor by blood, marriage or adoption and with whom the minor resides and from whom the minor receives the ongoing care and support expected of a parent. "Surrogate" does not include a person to whom a parent has delegated parental authority to consent to the minor's medical treatment through a power of attorney or other written instrument; or
 
(2) If an adult relative described in subparagraph (1) does not exist, an adult to whom a parent or legal guardian has not delegated parental authority through a power of attorney or other written instrument with whom the minor resides and from whom the minor receives the ongoing care and support expected of a parent.
 
2. General rule.   A person is eligible to attend schools in the school administrative unit where the person's parent or surrogate resides, where the person resides upon reaching the age of 18 years or upon becoming an emancipated minor. A federal installation shall beis considered part of the school administrative unit in which it is located.
 
SUMMARY
This bill specifies that a person is eligible to attend schools in the school administrative unit where the person's parent or surrogate resides and defines a surrogate as an adult related to a minor and from whom the minor receives the ongoing care and support expected of a parent or, if no such relatives exist, an adult with whom the minor resides and who has provided the minor with the ongoing care and support expected of a parent.