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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 /1 t flM 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