Me. Rev. Stat. » Title 20-A
Maine Revised Statutes

Me. Rev. Stat. tit. 20-A, § 2951 (2026)

Approval for tuition purposes

✓ current as of May 2026
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A private school may be approved for the receipt of public funds for tuition purposes only if it:   [PL 2005, c. 153, §2 (AMD).]
1.  Basic approval.  Meets the requirements for basic school approval under subchapter I;  
[PL 1981, c. 693, §§5, 8 (NEW).]
2.  Nonsectarian. 
[PL 2025, c. 112, §5 (RP).]
3.  Incorporated.  Is incorporated under the laws of the State of Maine or of the United States;  
[PL 1985, c. 797, §25 (AMD).]
4.  Reports and audits. 
[PL 1983, c. 859, Pt. A, §§8, 25 (RP).]
5.  Additional requirements.  Complies with the reporting and auditing requirements in sections 2952 and 2953 and the requirements adopted pursuant to section 2954;  
[PL 1997, c. 266, §7 (AMD).]
6.  Student assessment and other requirements.  At a minimum, meets or exceeds the following requirements:  
A. It participates in the statewide assessment program to measure and evaluate the academic achievements of students;   [PL 2021, c. 386, §1 (AMD).]
B. It meets the applicable requirements of and has a curriculum aligned with the system of learning results established in section 6209;   [PL 2021, c. 386, §1 (AMD).]
C. It meets health and safety requirements applicable to public schools; and   [PL 2021, c. 386, §1 (NEW).]
D. If public funding supports more than 85% of the school's students, as determined by the previous year's October and April average enrollment, and the municipality where the school is located does not exercise school choice, it enrolls all students from that municipality, including those with disabilities, who must be served in accordance with applicable state and federal law.   [PL 2021, c. 386, §1 (NEW).]
Except as provided in paragraph D, the requirements of this subsection apply only to a school that enrolls 60% or more publicly funded students, as determined by the previous year's October and April average enrollment; and  
[PL 2021, c. 386, §1 (AMD); PL 2021, c. 386, §2 (AFF).]
7.  Release of student records.  Upon the request of a school unit, releases copies of all student records for students transferring from the private school to the school unit.  
[PL 2017, c. 342, §3 (AMD).]
SECTION HISTORY
PL 1981, c. 693, §§5,8 (NEW). PL 1983, c. 859, §§A8-A9,A25 (AMD). PL 1985, c. 797, §§25-27 (AMD). PL 1997, c. 266, §§7-9 (AMD). PL 2005, c. 153, §2 (AMD). PL 2017, c. 342, §§2, 3 (AMD). PL 2021, c. 386, §1 (AMD). PL 2021, c. 386, §2 (AFF). PL 2025, c. 112, §5 (AMD).
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Notes of Decisions
Cited in 12 cases (4 in the last 5 years), 1998–2024 · leading case: Anderson v. Town of Durham, 2006 ME 39 (Me. 2006).
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Anderson v. Town of Durham, 2006 ME 39 (Me. 2006). · cites it 14× “[1] The First Amendment states, in pertinent part: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof .”
Bagley v. Raymond Sch. Dep't, 1999 ME 60 (Me. 1999). · cites it 20× “[2] If the tuition program is used by a district, the district pays tuition directly to a public school or to a private school that has accepted the child, has been selected by the child's parents, and has been approved for tuition purposes, pursuant to 20-A M.R.S.A. § 2951. See…”
Joyce v. State, 2008 ME 108 (Me. 2008). · cites it 6× “2d 512 (2006); 20-A M.R.S. § 2951(2) (2007). [1] We said that while the Legislature could likely allow at least indirect tuition payments to sectarian schools if it wished, nothing in the Constitution compelled it to do so.”
Eulitt v. Maine Dep't of Educ., 307 F. Supp. 2d 158 (D. Me. 2004). · cites it 2× “20-A M.R.S.A. § 2951 reads as follows: A private secondary school may be approved for the receipt of public funds for tuition purposes only if it: (2) Is a nonsectarian school in accordance with the First Amendment of the United States Constitution.”
Strout v. Comm'r, Maine Dep't of Educ., 13 F. Supp. 2d 112 (D. Me. 1998). · cites it 2× “20-A M.R.S.A. § 2951(2). Each of the plaintiffs lives in Minot.”
Thornton Academy v. Reg'l Sch. Unit 21, 2019 ME 115 (Me. 2019). “15, § 62 (1903), or (2) by allowing parents to choose another district's public school or an approved private *343 school for their children to attend at public expense in the absence of a school privileges contract (school choice), see 20-A M.R.S. §§ 2951, 5203(4), 5204(4)…”
Crosspoint Church v. Makin (D. Me. 2024). · cites it 5× “20-A M.R.S. § 2951(2). 2. The Carson Litigation In 2018, three families, including two families whose children attended BCS, sued Maine’s Education Commissioner to challenge 20-A M.”
Crosspoint Church v. Makin (D. Me. 2024). · cites it 2× “The Cardigan Mountain School Correspondence As the Cardigan Mountain School correspondence also concerns tuitioning approval under 20-A M.R.S. § 2951(2), it similarly does not change the analysis in the Court’s prior order.”
St Dominic Academy v. Makin (D. Me. 2024). · cites it 2× “20-A M.R.S. § 2951(2). 2. The Carson Litigation In 2018, three families sued Maine’s Education Commissioner to challenge 20-A M.”
Thornton Academy v. Reg'l Sch. Unit 21, 2019 ME 115 (Me. 2019). “15, § 62 (1903), or (2) by allowing parents to choose another district’s public school or an approved private school for their children to attend at public expense in the absence of a school privileges contract (school choice), see 20-A M.R.S. §§ 2951, 5203(4), 5204(4) (2018); R.”
Carson v. Makin (D. Me. 2023). “BACKGROUND This case involves a First Amendment challenge to the constitutionality of a state statute, 20-A M.R.S. § 2951(2), which makes religious primary and secondary schools ineligible for public tuition payments.”
Anderson v. Town of Durham (Me. Super. Ct 2003). “The Andersons allege in their complaint that the enforcement of 20-A M.R.S.A. § 2951 violates their First and Fourteenth Amendment rights.”
— Me. Rev. Stat. tit. 20-A, § 2951(2) — 9 cases
Bagley v. Raymond Sch. Dep't, 1999 ME 60 (Me. 1999). “[2] If the tuition program is used by a district, the district pays tuition directly to a public school or to a private school that has accepted the child, has been selected by the child's parents, and has been approved for tuition purposes, pursuant to 20-A M.R.S.A. § 2951. See…”
Anderson v. Town of Durham, 2006 ME 39 (Me. 2006). “[1] The First Amendment states, in pertinent part: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof .”
Joyce v. State, 2008 ME 108 (Me. 2008). “2d 512 (2006); 20-A M.R.S. § 2951(2) (2007). [1] We said that while the Legislature could likely allow at least indirect tuition payments to sectarian schools if it wished, nothing in the Constitution compelled it to do so.”
Eulitt v. Maine Dep't of Educ., 307 F. Supp. 2d 158 (D. Me. 2004). “20-A M.R.S.A. § 2951 reads as follows: A private secondary school may be approved for the receipt of public funds for tuition purposes only if it: (2) Is a nonsectarian school in accordance with the First Amendment of the United States Constitution.”
Strout v. Comm'r, Maine Dep't of Educ., 13 F. Supp. 2d 112 (D. Me. 1998). “20-A M.R.S.A. § 2951(2). Each of the plaintiffs lives in Minot.”
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