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

Me. Rev. Stat. tit. 20-A, § 5204 (2026)

Secondary students right to attend school in another administrative unit

✓ current as of May 2026
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The following provisions govern the right of secondary students to attend school in another school administrative unit other than the one in which they are resident.   [PL 1981, c. 693, §§ 5, 8 (NEW).]
1.  Units with a secondary school.  A secondary student may attend an approved private school or a public secondary school in any school administrative unit with the consent of the receiving school's school board. The student's parent or guardian shall pay the cost of tuition and transportation. The receiving school shall notify the superintendent of the school administrative unit where the student's parents reside of the name and grade of the accepted student.  
[PL 1981, c. 693, §§ 5, 8 (NEW).]
2.  Living remote from public schools in a school administrative unit.  Secondary students whose parents live remote from a public school in their school administrative unit may, with the consent of the school board in their unit, attend public school in an adjoining school administrative unit in Maine or a neighboring state if the adjoining unit accepts tuition students. The school administrative unit where the students' parents reside shall pay tuition.  
[PL 1981, c. 693, §§ 5, 8 (NEW).]
3.  Contract school.  Students whose parents reside in a school administrative unit which contracts for school privileges under section 2701 may attend the contract school. The school administrative unit in which their parents reside shall pay the cost of the contract.  
[PL 1981, c. 693, §§ 5, 8 (NEW).]
4.  No secondary school.  A school administrative unit that neither maintains a secondary school nor contracts for secondary school privileges pursuant to chapter 115 shall pay the tuition, in accordance with chapter 219, at the public school or the approved private school of the parent's choice at which the student is accepted.  
[PL 2007, c. 668, §30 (AMD).]
5.  Units with 10 or fewer students.  Secondary students whose parents reside in a school administrative unit with a total April 1st resident student count of 10 or less may attend public school as tuition students in a nearby school administrative unit. The school board of the nearby school administrative unit shall accept the students if requested by the school board of the unit in which the students' parents reside. The school board where the students' parents reside shall pay tuition.  
[PL 1981, c. 693, §§ 5, 8 (NEW).]
6.  Insufficient courses; time limitations.  If the secondary school does not offer 2 approved foreign language courses, then its students may attend another secondary school approved for tuition purposes to take the language courses provided that:  
A. The receiving school accepts tuition students;   [PL 1981, c. 693, §§ 5, 8 (NEW).]
B. The students meet the qualifications for attending their own secondary school; and   [PL 1981, c. 693, §§ 5, 8 (NEW).]
C. The students have notified their own school administrative unit by April 1st, before the start of each school year, that they wish to take the foreign language not being offered by their school administrative unit. Their school administrative unit shall notify them on or before July 15th of that year when the language course will be offered in the next school year.   [PL 1983, c. 859, Pt. C, §§ 6, 7 (AMD).]
[PL 1983, c. 859, Pt. C, §§ 6, 7 (AMD).]
SECTION HISTORY
PL 1981, c. 693, §§5,8 (NEW). PL 1983, c. 859, §§C6,C7 (AMD). PL 1985, c. 797, §32 (AMD). PL 2007, c. 668, §30 (AMD).
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Notes of Decisions
Cited in 8 cases, 1998–2019 · leading case: Bagley v. Raymond Sch. Dep't, 1999 ME 60 (Me. 1999).
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Bagley v. Raymond Sch. Dep't, 1999 ME 60 (Me. 1999). · cites it 12× “In my view, the program, as presently constituted, violates the rights of the parents guaranteed by the Equal Protection Clauses of the federal and state constitutions.”
Hallissey v. Sch. Admin. Dist. No. 77, 2000 ME 143 (Me. 2000). · cites it 8× “77 (SAD 77) for the purpose of receiving a tuition subsidy, pursuant to 20-A M.R.S.A. § 5204 (1983), [2] to defray the cost of her son's tuition at a private school.”
Joyce v. State, 2008 ME 108 (Me. 2008). · cites it 4× “See 20-A M.R.S. §§ 5204(4), 5806 (2007). However, their contention that the statutory placement of section 2951(2) means that the Legislature intended to limit its application to funds appropriated through that program is unpersuasive for several reasons.”
Anderson v. Town of Durham, 2006 ME 39 (Me. 2006). · cites it 2× “§ 5204(4) (2005) allows parents residing in towns that lack public school systems to choose the schools their children attend by providing for tuition to be paid to public or private schools in other municipalities. Prior to a 1983 amendment to Maine's tuition statute, section…”
Logiodice v. Trs. of Maine Cent. Inst., 135 F. Supp. 2d 199 (D. Me. 2001). “53 and who are academically qualified to attend grades nine, ten, and eleven.” (Compl. ¶ 9 (Docket # 1).”
Thornton Academy v. Reg'l Sch. Unit 21, 2019 ME 115 (Me. 2019). “§ 5203(4) (2018) ; see 20-A M.R.S. § 5204(4) (2018) (stating the same as to secondary schools); see also 20-A M.”
Strout v. Comm'r, Maine Dep't of Educ., 13 F. Supp. 2d 112 (D. Me. 1998). “20-A M.R.S.A. § 5204(4). Under state law, only nonsectarian schools are eligible for receipt of public funds for tuition purposes.”
Thornton Academy v. Reg'l Sch. Unit 21, 2019 ME 115 (Me. 2019). “§ 5203(4) (2018); see 20-A M.R.S. § 5204(4) (2018) (stating the same as to secondary schools); see also 20-A M.”
— Me. Rev. Stat. tit. 20-A, § 5204(3) — 2 cases
Bagley v. Raymond Sch. Dep't, 1999 ME 60 (Me. 1999). “In my view, the program, as presently constituted, violates the rights of the parents guaranteed by the Equal Protection Clauses of the federal and state constitutions.”
Logiodice v. Trs. of Maine Cent. Inst., 135 F. Supp. 2d 199 (D. Me. 2001). “53 and who are academically qualified to attend grades nine, ten, and eleven.” (Compl. ¶ 9 (Docket # 1).”
— Me. Rev. Stat. tit. 20-A, § 5204(4) — 7 cases
Bagley v. Raymond Sch. Dep't, 1999 ME 60 (Me. 1999). “In my view, the program, as presently constituted, violates the rights of the parents guaranteed by the Equal Protection Clauses of the federal and state constitutions.”
Joyce v. State, 2008 ME 108 (Me. 2008). “See 20-A M.R.S. §§ 5204(4), 5806 (2007). However, their contention that the statutory placement of section 2951(2) means that the Legislature intended to limit its application to funds appropriated through that program is unpersuasive for several reasons.”
Anderson v. Town of Durham, 2006 ME 39 (Me. 2006). “§ 5204(4) (2005) allows parents residing in towns that lack public school systems to choose the schools their children attend by providing for tuition to be paid to public or private schools in other municipalities. Prior to a 1983 amendment to Maine's tuition statute, section…”
Hallissey v. Sch. Admin. Dist. No. 77, 2000 ME 143 (Me. 2000). “77 (SAD 77) for the purpose of receiving a tuition subsidy, pursuant to 20-A M.R.S.A. § 5204 (1983), [2] to defray the cost of her son's tuition at a private school.”
Thornton Academy v. Reg'l Sch. Unit 21, 2019 ME 115 (Me. 2019). “§ 5203(4) (2018) ; see 20-A M.R.S. § 5204(4) (2018) (stating the same as to secondary schools); see also 20-A M.”
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