Enrollment Information

General Residency Rule for Enrollment in Public Schools

Chapter 20-A,  �5202

A person is eligible to attend schools in the school administrative unit:

In general, a student attends school in the school administrative unit where they live.

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To enroll your child in school, please contact the school secretary:

For Blue Hill Consolidated School, please call 207-374-2202.
For Brooksville Elementary School, please call 207-326-8500.
For the Adams School in Castine, please call 207-326-8608.
For Penobscot Community School, please call 207-326-9421.
For Surry Elementary School, please call 207-667-9358.

The “Superintendents’ Agreement” Exception

Chapter 20-A,  �5205, sub-section 6 - Transfer students

Under this exception, two superintendents may approve the transfer of a student from one school administrative unit to another school administrative unit (public unit to public unit only). Two conditions must first exist before such an approval can be arranged:

Please note that Superintendents’ Agreements:

Both the superintendent of the school administrative unit where the student resides and the superintendent of the school administrative unit where the student wishes to attend school must agree to the transfer. The transfer cannot take place if one or both of the superintendents involved denies the request.

However, the parent/guardian (or the student if age 18 or emancipated minor) has the right to petition the Commissioner of the Department of Education to review a denied transfer, except in cases where the receiving unit does not operate a public school at the student’s grade level. The Commissioner’s decision in turn may be appealed to the Maine Board of Education.

School administrative units are responsible to have on file a letter of agreement between the superintendent releasing a student or students and the superintendent accepting the student or students (please see Sample Forms section below). If either of the superintendents decides not to approve the transfer, that superintendent shall provide to the parent/guardian of the student requesting transfer under this paragraph a written description of the basis of that superintendent’s determination. A copy of the denial communications to the parent/guardian should be forwarded to the Commissioner’s office. Approved transfers should be entered in the student information system (please see the following detailed instructions under Student Information System Reporting Procedures).

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Please contact the Superintendent's Office to request a Superintendent Agreement form. 

The office is open 7:30am to 4:00pm Monday through Friday. 

Telephone: 207-374-9927 or send an email to Administrative Assistant Michelle Snowden at msnowden@schoolunion93.org

Details Regarding Residency, Tuition and State Education Subsidy

No tuition may be charged under a Superintendents’ Agreement transfer.

The term “student” in this document means “subsidizable pupil”. "Subsidizable pupils" means all school level pupils who reside in a school administrative unit and who are educated at public expense at a public school or at a private school approved for tuition purposes. (20-A, MRSA,  � 15672, Sub- � 32)

This transfer student provision effectively transfers the residency of a student from the student’s resident school administrative unit to the receiving school administrative unit where the student will be attending school, so that the receiving unit essentially “takes ownership” of the student.

Under a Superintendents’ Agreement, the receiving unit when the student actually attends school counts the student for state subsidy. The resident unit can no longer count the student for subsidy.

Example


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Frequently Asked Questions and Sample Forms

Q.  How does the Superintendent Agreement and Commissioner Review process work?

A.  Superintendent Transfer Agreements are designed to facilitate a student transfer from one school administrative unit (SAU) to another for the student’s best interest. Per Title 20-A MRSA Section 5205(6):  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/guardian approves. The superintendents shall notify the commissioner of any transfer approved under this paragraph through the appropriate coding in the student information system. 

Q:  When is a Superintendent Agreement subject to Commissioner Review?

A. A Superintendent Transfer Agreement denial may be appealed to the Commissioner, and then ultimately to the Maine Board of Education, except in the case where there is no public school in the receiving unit at the student’s grade level. This includes pre-kindergarten.

Q. Where does the student attend school while an appeal is in process?

A. The possibility of appeal should always be anticipated, and the student should remain at the place of instruction where they were in attendance at the time the transfer was requested by the parent(s) or guardian(s). Awaiting a decision on a superintendent agreement or appeal is not an excusable reason for absence.  

Q. What is the suggested timeline for responding to a request for transfer?

A. Parents/guardians should receive decisions within a reasonable time – no more than a few weeks.  

Q. What should the parent/guardian submit when requesting a Superintendent Agreement?  

A.  SAUs often use a form to collect transfer request information. The Department has created sample forms which may be adopted as part of the Superintendent transfer agreement process (optional):

Please feel free to use the forms as templates. These forms model the type of information that should be requested and generated as Superintendents and parent/guardians work through the details of a transfer.

Q. May a Superintendent Agreement be rescinded or reversed?

A. Superintendent Agreements are annual contracts that provide subsidy for the student to the receiving district and the student becomes a “resident” of the district.  If the transfer is agreed to by both sending and receiving superintendents, the student becomes a ”resident” of the receiving SAU for one school year. Other than transportation, these students must be afforded the same rights and responsibilities as students who reside in the SAU. The agreement should not include contingency language, as agreements may not be subject to revocation, rescission, or contingencies. An agreement can and should make clear that it is subject to an annual approval process.  If, during the school year, a parent and both superintendents agree that reversing the agreement is in the best interest of the student, then it may be reversed, however the funding will remain with the formally agreed upon district.  

Q. Who has fiscal responsibility for a Superintendent Transfer student?

A. The receiving unit, by accepting the student as a “resident” of the receiving unit, is accepting full fiscal responsibility for the student, just as with any other resident of the SAU, including fiscal responsibility for special education services. Special education services must be provided to transfer students by the receiving SAU at no cost to the parent/guardian and the cost of these services may not be billed to the sending SAU.  For students who have been in ongoing attendance, and where tuition has been paid by the parent/guardian, tuition adjustments will be effective as of the date of parent/guardian request is submitted to the Superintendent.  

Q. Who must respond to the parent/guardian when one or both Superintendents deny a Superintendent Agreement?

A. If both Superintendents deny a request for a waiver, then both Superintendents are responsible for sending a letter of denial to the parent/guardian, as these letters will be reviewed in the case of an appeal.  

Q. What should a Superintendent consider when making a Superintendent Agreement decision?  

A. Above all else, one should weigh what is in the child’s best interest. Other considerations may include:

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Request for Commissioner Review of a Denied Superintendent Agreement

If a Superintendent agreement request is denied and the parent/guardian elects to ask for a Commissioner review, the checklist items listed below must be submitted here: Request for Commissioner Review of a Denied Superintendent Agreement. The Commissioner will consider the decision of both Superintendents, and the information provided, in the review.


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For More information, please visit the Maine Department of Education website: https://www.maine.gov/doe/schools/schoolops/superintendents



This information comes directly from the Maine Department of Education. All information is accurate as of 08/31/2022.