‘Resolve, To Study the Student Transfer Process’

‘Sec. 1. Commission To Study the Student Transfer Process. Resolved: That, notwithstanding Joint Rule 353, the Commission To Study the Student Transfer Process, referred to in this resolve as "the commission," is established; and be it further

Sec. 2. Membership. Resolved: That the commission consists of 11 members as follows:

1. One member of the Senate who is a member of the Joint Standing Committee on Education and Cultural Affairs, appointed by the President of the Senate;

2. Three members of the House of Representatives who are members of the Joint Standing Committee on Education and Cultural Affairs, appointed by the Speaker of the House;

3. One member who is a representative of the Maine School Superintendents Association, appointed by the President of the Senate;

4. One member who is a representative of the Maine Education Association, appointed by the Speaker of the House;

5. One member who is a principal, appointed by the President of the Senate;

6. One member who is a school board member, appointed by the Speaker of the House;

7. One member who is a parent of a student who requested a transfer from one school administrative unit to another, appointed by the President of the Senate;

8. The chair of the State Board of Education or the chair's designee; and

9. The Commissioner of Education or the commissioner's designee; and be it further

Sec. 3. Chairs. Resolved: That the Senate member is the Senate chair and the first-named House of Representatives member is the House chair of the commission; and be it further

Sec. 4. Appointments; convening of commission. Resolved: That all appointments must be made no later than 30 days following the effective date of this resolve. 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 resolve 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; and be it further

Sec. 5. Duties. Resolved: That 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:

1. 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

2. 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 parents; and be it further

Sec. 6. Staff assistance. Resolved: That the Legislative Council shall provide necessary staffing services to the commission; and be it further

Sec. 7. Report. Resolved: That, 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.’