Some Maine students are granted the ability to attend a public school outside of their home district through what is known as a Superintendent Agreement.

Although current state law requires these contracts to be reviewed annually, a bipartisan bill introduced earlier this month would allow these agreements to automatically be renewed each year.

While these agreement could still be terminated under certain circumstances — for example, if a student is not regularly attending class or is consistently disruptive — making renewal automatic would ease the process for many Maine families making use of this program.

LD 218 — An Act to Make Student Transfer Agreements Renew Automatically Except in Certain Circumstances — was sponsored by Rep. Tavis Rock Hasenfus (D-Readfield) and cosponsored by Rep. Amy Bradstreet Arata (R-New Gloucester).

Under Maine State Law, a student may transfer from one school administrative unit to another with the approval of the superintendents from both the student’s home district and the district that the students wants to attend.

Both superintendents must agree that the transfer is “in the student’s best interest” and may only be completed with the approval of a student’s parent or guardian.

All it takes for a student to be denied a transfer, however, is a thumbs-down from one of the superintendents involved.

The governing statutes do not specify what constitutes a transfer being “in the student’s best interest,” leaving this language almost entirely up to a given superintendent’s interpretation.

The Maine Department of Education (MDOE) website recommends some additional factors that superintendents may consider when deciding whether or not to approve a transfer, including the availability of space and the potential impact of the transfer.

For example, the MDOE suggests that “consistency may be in the best interest of students” nearing the end of their high school career, meaning that superintendents may want to approve or deny transfer requests or renewals on this basis.

A parent or guardian may appeal the denial of a transfer to the Maine Commissioner of Education and, ultimately, to the Maine Board of Education.

Under the current rules, these agreements are only valid for one year and must be renewed annually for a student to continue attending an out-of-district school.

Should lawmakers approve the bill introduced by Rep. Hasenfus and Rep. Arata, however, these agreements would automatically be renewed each year without the need for students and their families to repeatedly seek approval.

The proposed law would allow for the superintendent of the school into which a student transferred to deny the renewal if attendance is irregular, the student is disruptive or does not “use best efforts to succeed in class,” or the transfer is shown to no longer be in the best interest of the student.

Much like under the current system, a denied renewal may be reviewed by the Commissioner.

LD 218 has been referred to the Legislature’s Education and Cultural Affairs Committee where it will receive a public hearing and be considered by lawmakers.

Click Here to Read the Full Text of LD 218

This is not the only bill introduced so far this session that would expand educational freedom for Maine students.

A group of Republican lawmakers have brought forward a bill that would allow parents who do not send their children to public school to access a portion of the tax dollars that otherwise would have funded their education.

Referred to as “hope accounts,” these funds would allow the parents of home-schooled students and those attending private schools to access 90 percent of the per pupil amount that would typically be given to the local public school system.

The proposed Hope and Inclusion Scholarship Program is similar to other education savings account (ESA) programs that have already been implemented in seventeen states nationwide.

A YouGov/yes. every kid. foundation. poll published in December showed that ESAs are the second most popular form of school choice nationwide, with 63 percent support among Americans and 71 percent among K-12 parents.

Funds placed in the hope accounts could be used for a number of qualified educational purchases as specified in the proposed law.

Among the expenses that could be made using these hope accounts are private school tuition, uniforms, tutoring services, home schooling materials, and standardized testing fees.

Parents may also purchase “basic educational supplies,” such as papers, writing implements, calculators, laptops, microscopes, telescopes, and printers. Devices primarily used for entertainment or other non-educational purchases, such as video game consoles and cell phones, may not be purchased using money from these accounts.

Funds could also go toward enrollment in a program that “lead[s] to an industry-recognized credential that satisfies a workforce need,” as well as be used for enrollment in dual credit or college-level courses.

Spending from these accounts would be monitored and reviewed by members of the board governing the program.

As with LD 218, this bill will now go before the Education and Culture Affairs Committee for a public hearing and further consideration.