What School District Do I Go To?

General Rule:

You must be a resident of a school district to attend its school. You are a resident of the school district where you reside with your parent or legal guardian. If you are 18, you are a resident of the school district where you live.

There are exceptions that may apply to you.

What if I am emancipated?

If you are emancipated, you are a resident of a school district where you live.

What if I am homeless?

If you are homeless, you can choose between two schools:

• your school of origin (the school you were going to before you became homeless)


• your school of current location (the school district where you are currently living)

"Homeless" is broadly defined as lacking a fixed, regular and adequate nighttime residence. This means you can be doubled up with other families or friends, be in a youth shelter (even if your parents will let you come back home), be staying in a hotel (even with your parents), be living in a transitional shelter, car, abandoned building, park, other public place, the streets, campgrounds or in an inadequate trailer.

As a homeless student, the school must enroll you immediately even if you do not have proof of residency or proof of your immunizations.

Read more about your rights as a homeless student.

What if I am in DHHS custody?

You are a resident of the school district where you are currently placed by DHHS.

What if I am living with someone other than my parent or legal guardian?

If you are not living with your parent or legal guardian but living with someone else, you may be able to go to the school where you are living. You can do this without getting a legal guardian. The decision is up to the superintendent of the school district where you are currently living and want attend school.

The superintendent determination is when the superintendent decides it is in your best interests to go to that school. When making that decision, the superintendent must find that:

1. It is undesirable and impractical for you to live with your parents, or there are other extenuating circumstances that explain your living in the school district, and


2. You are not living in that school district just in order to go to school there.

How do I get the Superintendant to decide?

Contact the superintendent in writing. Explain why you are not living with your parent and why you are living with someone else. Ask the superintendent to decide that it is in your best interests to go to that school. It is probably better to have the person you are living with or a counselor, guidance counselor, case worker, or other interested adult write the letter for you. If you have questions, contact us.

Example: You are 15 years old and living with your grandmother. You don't know where your father lives and your mother was recently hospitalized or was sent to jail. In this example you are living with your grandmother because you cannot live with either of your parents. You have no where else to go and your grandmother is taking care of you.

Your grandmother can petition the Probate Court for guardianship of you, but she doesn't have to in order for you to go to school where she lives. You can ask for the superintendent determination. If you need help, contact us.

If the superintendent denies your request, you can ask the Commissioner of Education to review the decision.

What if I want to transfer schools?

To transfer to another school, the superintendents of both districts must agree. They must also decide that:

1. It is in your best interests to transfer, and


2. Your parent agrees with the transfer.

Request a transfer in writing and explain why it is in your best interests to go to a different school. If the superintendents decide you can transfer schools, that decision is reviewed every year. This means that you are not automatically allowed to stay at the other school forever. To continue going to the transfer school, there are usually conditions you have to follow, such as have good attendance and not get in trouble. If you break those conditions, you may lose the right to keep going to your transfer school.

If your transfer request is denied, your parent can ask that the Commissioner of the Maine Department of Education review that decision.

This publication was supported by grant #2004-JL-FX-0029 from the Office of Juvenile Justice and Delinquency Prevention, Office of Justice Programs. The opinions, findings, and conclusions or recommendations expressed in this publication are those of the author(s) and do not necessarily reflect the views of OJJDP or the U.S. Department of Justice.

Last update: March 2005