Maine Revised Statutes Title 20-A Sec. 8605 – Eligibility
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1. General right. The following persons may attend adult education courses offered by a unit, region or center in accordance with that entity’s published program criteria and admission standards:
A. A person who is not yet 17 years of age who has withdrawn from school under the provisions of section 5001?A, subsection 2, paragraph B; [PL 1991, c. 518, §37 (AMD).]
A-1. A person who is 17 years of age or older and who is not attending a public school; or [PL 1991, c. 518, §37 (NEW).]
B. [PL 1991, c. 518, §37 (RP).]
C. A secondary school student enrolled in a public day school program, if that student’s attendance at an adult education course is designed to supplement the student’s regular day school program and if attendance is in accordance with rules adopted by the commissioner. [PL 1991, c. 518, §37 (AMD).]
Notwithstanding paragraphs A and A?1, a person who is not yet 18 years of age may be issued a state high school equivalency diploma only in compliance with the requirements established for such persons by section 257.
Priority to enroll in any adult education course offered by a unit, region or center must be given first to residents of municipalities served by that unit, region or center.
[PL 1991, c. 518, §37 (AMD).]
Terms Used In Maine Revised Statutes Title 20-A Sec. 8605
- Adult: means a person who has attained the age of 18 years. See Maine Revised Statutes Title 1 Sec. 72
- Adult education: means an education program primarily operated for individuals beyond the compulsory school age that is administered by school administrative units through a career pathways and service system and that, except as provided in section 8602?B, includes intake, assessment, advising, instruction and individual learning plans; is guided by data management and analysis, annual monitoring and annual professional development plans; uses appropriately certified staff; is designed to meet identified local needs; makes use of partnerships and alignment with workforce development, postsecondary institutions and support services; and offers at least 3 of the following:
A. See Maine Revised Statutes Title 20-A Sec. 8601-ACommissioner: means the Commissioner of Education or the commissioner's designee. See Maine Revised Statutes Title 20-A Sec. 1 Department: means the Department of Education. See Maine Revised Statutes Title 20-A Sec. 1 Parent: means a parent, as defined in section 1, subsection 20, with legal custody of a minor child, except that "parent" of a child with disabilities means a parent as defined in the federal Individuals with Disabilities Act, 20 United States Code § 1401(23). See Maine Revised Statutes Title 20-A Sec. 8601-A Private school: means an academy, seminary, institute or other private corporation or body formed for educational purposes covering kindergarten through grade 12 or any portion thereof. See Maine Revised Statutes Title 20-A Sec. 1 Public school: means a school that is governed by a school board of a school administrative unit and funded primarily with public funds. See Maine Revised Statutes Title 20-A Sec. 1 School administrative unit: means the state-approved unit of school administration and includes a municipal school unit, school administrative district, community school district, regional school unit or any other municipal or quasi-municipal corporation responsible for operating or constructing public schools, except that it does not include a career and technical education region. See Maine Revised Statutes Title 20-A Sec. 1 Secondary school: means that portion of a school that provides instruction in any combination of grades 9 through 12. See Maine Revised Statutes Title 20-A Sec. 1 Superintendent: means the person in a school administrative unit or school union appointed and having the authority and responsibility under this Title and other applicable statutes. See Maine Revised Statutes Title 20-A Sec. 1 Unit: means a school administrative unit. See Maine Revised Statutes Title 20-A Sec. 8601-A
2. Secondary school age person count; subsidy; tuition. A secondary school age person who is not attending a public school and who is enrolled in an adult education course must be treated for state subsidy and tuition purposes as follows.
A. Such a person who enrolls in a semester adult education course, is counted as .1 of a student for each such course. [PL 1991, c. 518, §37 (AMD).]
B. The unit in which such a person resides must be reimbursed in accordance with chapter 606?B. [PL 2005, c. 2, Pt. D, §29 (AMD); PL 2005, c. 2, Pt. D, §§72, 74 (AFF); PL 2005, c. 12, Pt. WW, §18 (AFF).]
C. If a unit in which a person resides does not offer an adult education course appropriate for such a person, the person may enroll in an adult education course offered by another unit or private school, subject to the approval of the sending unit’s superintendent. The sending unit shall pay tuition to the receiving unit in an amount no greater than .1 of the present per student subsidy allocation for secondary students in the sending unit. [PL 1991, c. 518, §37 (AMD).]
[PL 2005, c. 2, Pt. D, §29 (AMD); PL 2005, c. 2, Pt. D, §§72, 74 (AFF); PL 2005, c. 12, Pt. WW, §18 (AFF).]
3. Transfer student. The following provisions apply to the transfer of a student who has not attained 20 years of age from one school administrative unit to another for the purposes of state subsidy when the student is not attending a public school and is enrolled in an adult education course.
A. The transferor superintendent and the transferee superintendent may approve the transfer of a student from one school administrative unit to another if they find that the transfer is in the student’s best interest and the student is in agreement with that finding. If the student has not attained 18 years of age and is not an emancipated minor, the student’s parent must approve of the transfer. [PL 2005, c. 151, §2 (NEW).]
B. When a student has been denied a transfer under paragraph A, the student or the parent of a student who has not attained 18 years of age may request from the commissioner a review of the denial. The commissioner shall review the decision and may approve or disapprove the transfer. The commissioner’s decision is final and binding. [PL 2005, c. 151, §2 (NEW).]
C. A superintendent shall review annually any transfers made into or out of that superintendent’s school administrative unit under this subsection. [PL 2005, c. 151, §2 (NEW).]
D. For purposes of state subsidy, a student transferred under this subsection is considered a resident of the school administrative unit to which the student is transferred. The superintendent of the receiving unit shall certify to the commissioner any transfer approved under this subsection when reporting to the department the number of adult education students who have not attained 20 years of age. [PL 2005, c. 151, §2 (NEW).]
[PL 2005, c. 151, §2 (NEW).]
SECTION HISTORY
PL 1981, c. 693, §§5,8 (NEW). PL 1983, c. 806, §70 (AMD). PL 1989, c. 415, §32 (AMD). PL 1991, c. 518, §37 (AMD). PL 1995, c. 665, §J1 (AMD). PL 2005, c. 2, §D29 (AMD). PL 2005, c. 2, §§D72,74 (AFF). PL 2005, c. 12, §WW18 (AFF). PL 2005, c. 151, §2 (AMD).