HomeMy WebLinkAbout2013-06-03 13-192 RESOLVECOUNCIL ACTION
Item No.13-192
Date: June 3, 2013
Item/Subject: Resolve, Establishing a Position in Support of Legislation Requiring the
Commissioner of Education to Apply the Best Educational Interests to Review of Superintendent
Agreements for Transfer Students — LD 530
Responsible Department: School Department
Commentary: This Resolve will affirm the City of Bangor's position in favor LD 530 and direct
that copies of Resolve be sent to the City of Bangor's legislative delegation and to members of
the Legislature's Committee of Education and Cultural Affairs Committee.
Currently, Maine law provides that superintendents of schools may approve the transfer of a
student from one school to another. Based upon the current law, the Superintendent of both
the sending district and the receiving district make a determination of whether the agreement is
in the best "educational" interests of the child. An example of a typical agreement would be if a
student is moving from one district to another and would like to finish up a school year in the
current school district. The current law provides that the parent can appeal the decision to the
Commissioner of Education. The Commissioner of Education has the ability to override the
Superintendents decision and approve the transfers without the consent of the Superintendents.
An example of this is the Commissioner providing transfers to students who want educational
opportunities that are provided in other, higher paying districts. This results in taxpayers of one
community subsidizing students from other communities. For students who wish to opt out a
particular district, there is the opportunity to attend any school by paying tuition.
LD 530, which is pending in the Maine legislature, will amend the law to clarify that the
Commissioner of Education may overturn the superintendent's decision after there is a written
finding that the student may not have the opportunity to receive the benefits of a free public
education without the transfer. The proposed amendment will make clear that the only reason
for the Commissioner of Education to modify the decision of the superintendents is to serve the
best educational interests of the student and will require that the decision be in writing.
Manager's Comments:
Associated Information:
Budget Approval:
Legal Approval:
Intr duced for
Passage
First Reading
Referral
Department Head
ManagerCity
Finance Director
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Page _of_
Assigned to Councilor Sprague
CITY OF BANGOR
13-192
JUNE 3, 2013
(TITLE.) Resolve, Establishing a Position in Support of Legislation Requiring the Commissioner of
Education to Apply the Best Educational Interests to Review of Superintendent Agreements for Transfer
Students — LD 530
WHEREAS, Maine law provides that superintendents of schools may approve the transfer of a student
from one school to another; and
WHEREAS, Maine law provides that upon request of the parent of the student requesting the transfer
the Commissioner of Education will review the transfer; and
WHEREAS, the Commissioner of Education can modify the superintendent's decision; and
WHEREAS, there is currently pending in the Maine legislature LD 530, a proposal to amend the law
providing for the Commissioner of Education review of a student transfer request to add a requirement
that the Commissioner may modify the superintendent's decision only upon a written finding that the
student may not have the opportunity to receive the benefits of a free public education without the
transfer; and
WHEREAS, the proposed amendment will make clear that the only reason for the Commissioner of
Education to modify the decision of the superintendents is to serve the best educational Interests of the
student and will require that the decision be in writing.
BY THE CITY COUNCIL OF THE CITY OF BANGOR:
BE IT RESOLVED,
That the City of Bangor takes a position in favor of passage of LD 530, An Act To Apply the Standard of
Best Educational Interest to Superintendent Agreements for Transfer Students
BE IT ORDERED
That a copy of this Resolve shall be sent to the City of Bangor's legislative delegation and to members of
the Legislature's Committee of Education and Cultural Affairs.
IN CITY COUNCIL
June 3, 2013
Motion made and seconded for Passage
Passed
"CITY CUM