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USA Statutes : maine
Title : Title 20-A. EDUCATION
Chapter : Chapter 213. STUDENT ELIGIBILITY
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Title 20-A - §5201. Age
Title 20-A: EDUCATION
Part 3: ELEMENTARY AND SECONDARY EDUCATION
Chapter 213: STUDENT ELIGIBILITY
§5201. Age
The following provisions apply to enrollment in public elementary and secondary schools.
[1981, c. 693, §§5, 8 (new).]
1. Eligibility to enroll; school year. A person meeting the minimum age requirements of subsection 2 or section 7001, subsection 2, paragraph A, and who has not
reached 20 years of age before the start of the school year may enroll as a full-time or, with the consent of the school board,
as a part-time student, in the public elementary and secondary schools where the student resides as defined in section 5202.
The school year, for the purpose of this subsection, is defined as starting on July 1st and ending on the following June
30th.
[1985, c. 506, Pt. A, §36 (rpr).]
2. Minimum ages. The following are minimum ages necessary for student enrollment in a school administrative unit.
A.
[1993, c. 201, §1 (rp).]
B. A person who will be at least 5 years old on October 15th of the school year may enroll in school.
[1993, c. 201, §1 (amd).]
C. A person who will be at least 4 years old on October 15th of the school year may enroll in a 2-year childhood education
program prior to grade one if it is offered.
[1981, c. 693, §§5, 8 (new).]
[1993, c. 201, §1 (amd).]
3. Exceptions. The following are exceptions to this section.
A. War veterans who have not completed high school before their 18th birthday may enroll in the public schools in the school
administrative units where they reside until they graduate or until the end of the school year in which they reach the age
of 25.
[1983, c. 704, §2 (amd).]
B. A person who has enrolled in a public kindergarten or grade one in another state may enroll in kindergarten or grade one,
as the case may be, in the school administrative unit where the parent or guardian become residents.
[1981, c. 693, §§5, 8 (new).]
C. A person who was enrolled in kindergarten in this State under paragraph B, may enroll in grade one upon satisfactory completion
of kindergarten.
[1981, c. 693, §§5, 8 (new).]
D. A person who was enrolled in a public kindergarten in another state and was promoted to grade one may enroll in grade one
in the school administrative unit where the parent or guardian becomes a resident.
[1981, c. 693, §§5, 8 (new).]
E. The eligibility for exceptional students is governed by section 7001, subsection 2.
[1981, c. 693, §§5, 8 (new).]
F. A person who obtains a waiver from the commissioner pursuant to section 5206 may enroll as a public secondary school student.
[2003, c. 688, Pt. B, §4 (amd).]
[2003, c. 688, Pt. B, §4 (amd).]
4. Rules. A school board may adopt rules to carry out this chapter.
[1983, c. 806, §55 (amd).]
Section History:
PL 1981,
Ch. 693,
§5,8
(NEW).
PL 1983,
Ch. 704,
§1,2
(AMD).
PL 1983,
Ch. 806,
§55
(AMD).
PL 1985,
Ch. 506,
§A36
(AMD).
PL 1993,
Ch. 201,
§1
(AMD).
PL 2003,
Ch. 116,
§1
(AMD).
PL 2003,
Ch. 688,
§B4
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 20-A - §5202. Residence
Title 20-A: EDUCATION
Part 3: ELEMENTARY AND SECONDARY EDUCATION
Chapter 213: STUDENT ELIGIBILITY
§5202. Residence
1. Definitions. For the purposes of this chapter, "parent" means the parent or guardian with legal custody.
[1983, c. 806, § 56 (amd).]
2. General rule. A person is eligible to attend schools in the school administrative unit where the person's parent resides, where the person
resides upon reaching the age of 18 years or upon becoming an emancipated minor. A federal installation shall be considered
part of the school administrative unit in which it is located.
[1985, c. 789, § § 3, 9 (amd).]
Section History:
PL 1981,
Ch. 693,
§5,8
(NEW).
PL 1983,
Ch. 806,
§56,57
(AMD).
PL 1985,
Ch. 789,
§3,9
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 20-A - §5203. Elementary students right to attend school in another administrative unit
Title 20-A: EDUCATION
Part 3: ELEMENTARY AND SECONDARY EDUCATION
Chapter 213: STUDENT ELIGIBILITY
§5203. Elementary students right to attend school in another administrative unit
The following provisions govern the right of elementary students to attend school in another school administrative unit other
than the one in which they are resident.
[1981, c. 693, § § 5, 8 (new)]
1. Units with an elementary school. An elementary student may attend an approved private school or a public elementary school in any school administrative unit
with the consent of the receiving school's school board. The student's parent or guardian shall pay the cost of tuition and
transportation. The receiving school shall notify the superintendent of the school administrative unit where the student's
parents reside of the name and grade of the accepted student.
[1981, c. 693, § § 5, 8(new)]
2. Living remote from public schools in a school administrative unit. Elementary students whose parents live remote from a public school in their school administrative unit may, with the consent
of the school board in their unit, attend public school in an adjoining school administrative unit in Maine or a neighboring
state if the adjoining unit accepts tuition students. The school administrative unit where the students' parents reside shall
pay tuition and transportation.
[1981, c. 693, § § 5, 8(new)]
3. Contract school. Students whose parents reside in a school administrative unit which contracts for school privileges under section 2701 may
attend the contract school. The school administrative unit in which their parents reside shall pay the costs of the contract
and transportation.
[1981, c. 693, § § 5, 8(new)]
4. Exception; no elementary school. Elementary students whose parents reside in a unit which neither maintains an elementary school nor contracts for elementary
school privileges may attend a private school approved for tuition purposes or a public school in an adjoining unit in Maine
or in a neighboring state which accepts tuition students. The school administrative unit where the students' parents reside
shall pay tuition and transportation.
[1981, c. 693, § § 5, 8(new)]
5.Units with 10 or fewer students. Elementary students whose parents reside in a school administrative unit with a total April 1st resident student count of
10 or less may attend public school as tuition students in a nearby school administrative unit. The school board of the nearby
school administrative unit shall accept the students if requested by the school board of the unit in which the students' parents
reside. The school board where the students' parents reside shall pay tuition and transportation.
[1981, c. 693, § § 5, 8(new)]
Section History:
PL 1981,
Ch. 693,
§5,8
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 20-A - §5204. Secondary students right to attend school in another administrative unit
Title 20-A: EDUCATION
Part 3: ELEMENTARY AND SECONDARY EDUCATION
Chapter 213: STUDENT ELIGIBILITY
§5204. Secondary students right to attend school in another administrative unit
The following provisions govern the right of secondary students to attend school in another school administrative unit other
than the one in which they are resident.
[1981, c. 693, § § 5, 8 (new).]
1. Units with a secondary school. A secondary student may attend an approved private school or a public secondary school in any school administrative unit
with the consent of the receiving school's school board. The student's parent or guardian shall pay the cost of tuition and
transportation. The receiving school shall notify the superintendent of the school administrative unit where the student's
parents reside of the name and grade of the accepted student.
[1981, c. 693, § § 5, 8 (new).]
2. Living remote from public schools in a school administrative unit. Secondary students whose parents live remote from a public school in their school administrative unit may, with the consent
of the school board in their unit, attend public school in an adjoining school administrative unit in Maine or a neighboring
state if the adjoining unit accepts tuition students. The school administrative unit where the students' parents reside shall
pay tuition.
[1981, c. 693, § § 5, 8 (new).]
3. Contract school. Students whose parents reside in a school administrative unit which contracts for school privileges under section 2701 may
attend the contract school. The school administrative unit in which their parents reside shall pay the cost of the contract.
[1981, c. 693, § § 5, 8 (new).]
4. No secondary school. Secondary students whose parents reside in a unit which neither maintains a secondary school nor contracts for secondary
school privileges may attend a private school approved for tuition purposes, a public school in an adjoining unit which accepts
tuition students, or a school approved for tuition purposes in another state or country upon permission of officials of the
receiving school. The school administrative unit where the students' parents reside shall pay tuition in the amount up to
the legal tuition rate as defined in chapter 219.
[1985, c. 797, § 32 (amd).]
5. Units with 10 or fewer students. Secondary students whose parents reside in a school administrative unit with a total April 1st resident student count of
10 or less may attend public school as tuition students in a nearby school administrative unit. The school board of the nearby
school administrative unit shall accept the students if requested by the school board of the unit in which the students' parents
reside. The school board where the students' parents reside shall pay tuition.
[1981, c. 693, § § 5, 8 (new).]
6. Insufficient courses; time limitations. If the secondary school does not offer 2 approved foreign language courses, then its students may attend another secondary
school approved for tuition purposes to take the language courses provided that:
A. The receiving school accepts tuition students;
[1981, c. 693, § § 5, 8 (new).]
B. The students meet the qualifications for attending their own secondary school; and
[1981, c. 693, § § 5, 8 (new).]
C. The students have notified their own school administrative unit by April 1st, before the start of each school year, that
they wish to take the foreign language not being offered by their school administrative unit. Their school administrative
unit shall notify them on or before July 15th of that year when the language course will be offered in the next school year.
[1983, c. 859, Pt. C, § § 6, 7 (amd)]
[1983, c. 859, Pt. C, § § 6, 7 (amd)]
Section History:
PL 1981,
Ch. 693,
§5,8
(NEW).
PL 1983,
Ch. 859,
§C6,C7
(AMD).
PL 1985,
Ch. 797,
§32
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 20-A - §5205. Other exceptions to the general residency rules
Title 20-A: EDUCATION
Part 3: ELEMENTARY AND SECONDARY EDUCATION
Chapter 213: STUDENT ELIGIBILITY
§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 of the following:
A. It is undesirable and impractical for that student to reside with the student's parent, or that other extenuating circumstances
exist which justify residence in the unit; and
[1981, c. 693, §§5, 8 (new).]
B. That person is residing in the school administrative unit for other than just education purposes.
[1981, c. 693, §§5, 8 (new).]
The commissioner shall review the superintendent's determination on the request of the student's parent. 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.
[1991, c. 365, §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).]
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.
[1981, c. 693, §§5, 8 (new).]
B. On the request of the parent of a student requesting transfer under paragraph A, the commissioner shall review the transfer.
The commissioner's decision shall be final and binding.
[1981, c. 693, §§5, 8 (new).]
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).]
[1991, c. 365, §2 (amd).]
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).]
Section History:
PL 1981,
Ch. 693,
§5,8
(NEW).
PL 1985,
Ch. 797,
§33
(AMD).
PL 1991,
Ch. 365,
§1,2
(AMD).
PL 1991,
Ch. 608,
§3
(AMD).
PL 1993,
Ch. 706,
§A2
(AMD).
PL 1997,
Ch. 326,
§2
(AMD).
PL 2003,
Ch. 477,
§4
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 20-A - §5206. Waiver
Title 20-A: EDUCATION
Part 3: ELEMENTARY AND SECONDARY EDUCATION
Chapter 213: STUDENT ELIGIBILITY
§5206. Waiver
The superintendent may request that the commissioner approve on a case-by-case basis waivers of the age requirements under
section 5201 to allow a student who has reached 20 years of age before the start of the school year to be enrolled as a public
secondary school student.
[2003, c. 116, §2 (new).]
Section History:
PL 2003,
Ch. 116,
§2
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
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