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USA Statutes : maine
Title : Title 20-A. EDUCATION
Chapter : Chapter 219. TUITION
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Title 20-A - §5801. Acceptance of tuition students
Title 20-A: EDUCATION
Part 3: ELEMENTARY AND SECONDARY EDUCATION
Chapter 219: TUITION
§5801. Acceptance of tuition students
A school board may decide whether schools in its school administrative unit shall accept tuition students whose parents reside
in another school administrative unit.
[1981, c. 693, § § 5, 8 (new)]
Section History:
PL 1981,
Ch. 693,
§5,8
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 20-A - §5802-A. Pilot project for state wards
Title 20-A: EDUCATION
Part 3: ELEMENTARY AND SECONDARY EDUCATION
Chapter 219: TUITION
§5802-A. Pilot project for state wards
The Department of Education is authorized to designate one residential child care facility providing long-term care for 6
or more children who are in the custody of the Department of Health and Human Services as a pilot project. In school year
1991-92, the Commissioner of Education shall pay to the school unit in which the designated facility is located the school
unit's actual local per pupil education expenditure and approved transportation costs for each state ward at the facility.
Expenditures for this pilot project may not exceed $30,000.
[1989, c. 916, §1 (new); 2003, c. 689, Pt. B, §6 (rev).]
Section History:
PL 1989,
Ch. 916,
§1
(NEW).
PL 2003,
Ch. 689,
§B6
(REV).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 20-A - §5802. Residents on state-owned property
Title 20-A: EDUCATION
Part 3: ELEMENTARY AND SECONDARY EDUCATION
Chapter 219: TUITION
§5802. Residents on state-owned property
The commissioner shall, in accordance with procedures established in section 5401, subsection 6, reimburse a school administrative
unit for approved tuition for students who reside on state-owned property.
[1981, c. 693, § § 5, 8(new)]
Section History:
PL 1981,
Ch. 693,
§5,8
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 20-A - §5803. Two years' notice
Title 20-A: EDUCATION
Part 3: ELEMENTARY AND SECONDARY EDUCATION
Chapter 219: TUITION
§5803. Two years' notice
A school administrative unit which receives tuition students shall give at least 2 years' notice to a sending school administrative
unit before discontinuing the acceptance of tuition students. The receiving unit shall file a copy of the notice with the
commissioner. If the school board of a receiving unit fails to give a proper 2-year notice, the commissioner may take enforcement
action as authorized by section 6801-A.
[1985, c. 797, § 35 (amd).]
Section History:
PL 1981,
Ch. 693,
§5,8
(NEW).
PL 1985,
Ch. 797,
§35
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 20-A - §5804. Elementary school students
Title 20-A: EDUCATION
Part 3: ELEMENTARY AND SECONDARY EDUCATION
Chapter 219: TUITION
§5804. Elementary school students
Tuition charged for elementary school students shall be as follows:
[1981, c. 693, § § 5, 8(new).]
1. Public schools. The maximum tuition payments shall not exceed the receiving school administrative unit's per student cost for the preceding
year as calculated by the commissioner. The school board of the sending unit may vote to pay a higher tuition rate.
[1983, c. 485, § 24 (amd).]
2. Private schools. The tuition payment to a private school shall not exceed the average per student cost in all public elementary schools in
the State for the previous year as computed by the commissioner.
[1981, c. 693, § § 5, 8(new).]
3. Debt service factor. Notwithstanding subsection 1, beginning with the 1999-2000 school year, a school administrative unit may charge a debt service
factor for newly incurred capital outlay and debt service, as defined in section 1, subsection 19-A. The debt service factor
must be an amount agreed upon by both the sending and receiving units, with the approval of the commissioner, and may not
exceed 10% of a school's legal tuition rate per student in any one year. The debt service factor adjustment must be limited
to a period of time not to exceed the receiving unit's repayment period for newly incurred capital outlay and debt service.
The percentage of the debt service factor must be proportional to the cost of the project and the number of tuition students.
[1997, c. 787, §4 (new).]
Section History:
PL 1981,
Ch. 693,
§5,8
(NEW).
PL 1983,
Ch. 485,
§24
(AMD).
PL 1997,
Ch. 787,
§4
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 20-A - §5805. Secondary school students; public schools
Title 20-A: EDUCATION
Part 3: ELEMENTARY AND SECONDARY EDUCATION
Chapter 219: TUITION
§5805. Secondary school students; public schools
Tuition charges for secondary school students in public schools shall be governed by the following.
[1981, c. 693, §§5, 8 (new).]
1. Computation of tuition rate. The tuition rate at a public secondary school shall be the sum of all expenditures divided by the number of students. These
figures shall be determined as follows.
A. Expenditures shall be all expenditures for public secondary education for the period July 1st to June 30th of the year immediately
before the school year for which the tuition charge is computed, except expenditures for:
(1) Special education;
(2) Career and technical education;
(3) Community services;
(4) Major capital outlay;
(5) Debt retirement; and
(6) Tuition and transportation.
[1981, c. 693, §§5, 8 (new); 2005, c. 397, Pt. D, §3 (rev).]
B. The number of students shall be the average number of public secondary pupils enrolled on October 1st and April 1st of the
same year.
[1981, c. 693, §§5, 8 (new).]
C. The figure obtained by using the figures established in paragraphs A and B shall be divided by the average number of secondary
students on October 1st and April 1st of the year immediately prior to the year for which the tuition charge is computed.
[1981, c. 693, §§5, 8 (new).]
D. The tuition rate thus determined shall be adjusted by the average change in public secondary education costs for the 2 years
immediately before the school year for which the tuition charge is computed. This adjustment shall be limited to a 6% increase.
[1981, c. 693, §§5, 8 (new).]
[1981, c. 693, §§5, 8 (new); 2005, c. 397, Pt. D, §3 (rev).]
2. Maximum allowable tuition. The maximum allowable tuition charge by a public secondary school is the rate computed under subsection 1 or the state average
per public secondary student cost as adjusted, whichever is lower. The school board of the sending unit may vote to pay a
higher tuition rate.
[1997, c. 266, §10 (amd).]
3. Maine School of Science and Mathematics.
[1995, c. 368, Pt. LL, §1 (rp).]
4. Debt service factor. Notwithstanding subsections 1 and 2, beginning with the 1999-2000 school year, a school administrative unit may charge a
debt service factor for newly incurred capital outlay and debt service, as defined in section 1, subsection 19-A. The debt
service factor must be an amount agreed upon by both the sending and receiving units, with the approval of the commissioner,
and may not exceed 10% of a school's legal tuition rate per student in any one year. The debt service factor adjustment must
be limited to a period of time not to exceed the receiving unit's repayment period for newly incurred capital outlay and debt
service. The percentage of the debt service factor must be proportional to the cost of the project and the number of tuition
students.
[1997, c. 787, §5 (new).]
Section History:
PL 1981,
Ch. 693,
§5,8
(NEW).
PL 1993,
Ch. 706,
§A3
(AMD).
PL 1995,
Ch. 368,
§LL1
(AMD).
PL 1997,
Ch. 266,
§10
(AMD).
PL 1997,
Ch. 787,
§5
(AMD).
PL 2005,
Ch. 397,
§D3
(REV).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 20-A - §5806. Secondary school students; private schools
Title 20-A: EDUCATION
Part 3: ELEMENTARY AND SECONDARY EDUCATION
Chapter 219: TUITION
§5806. Secondary school students; private schools
Tuition charges for secondary school students in private schools shall be governed by the following.
[1981, c. 693, § § 5, 8 (new).]
1. Private schools. Tuition rates for a private school shall be computed as provided under section 5805, subsection 1, except that expenditures
and number of students shall be based on the expenditures and students of that school.
[1981, c. 693, § § 5, 8 (new).]
2. Maximum allowable tuition. The maximum allowable tuition charged to a school administrative unit by a private school shall be the rate established
under subsection 1 or the state average per public secondary student cost as adjusted, whichever is lower, plus an insured
value factor. The insured value factor shall be computed by dividing 5% of the insured value of school buildings and equipment
by the average number of pupils enrolled in the school on October 1st and April 1st of the year immediately before the school
year for which the tuition charge is computed. It may not exceed 10% of a school's legal tuition rate per student in any
one year beginning with the 1988-89 school year.
For the 1988-89 school year only the state share of the increase in the insured value factor shall be paid in the year of
allocation.
[1987, c. 463 (amd).]
3. Tuition charge above allowable maximum. A private school may charge tuition above the allowable maximum established in subsection 2, to a maximum excess charge
of 15% above the otherwise allowable maximum, in those cases when the private school has a tuition contract with a public
school unit or in those cases when the student has an alternative choice for attending secondary school at the allowable maximum
tuition rate. The amount above the allowable maximum may be paid in whole or in part by the school administrative unit if
the legislative body of the administrative unit votes to authorize its school board to pay a higher tuition rate.
[1987, c. 816, Pt. KK, §16 (amd).]
Section History:
PL 1981,
Ch. 693,
§5,8
(NEW).
PL 1987,
Ch. 463,
§
(AMD).
PL 1987,
Ch. 816,
§KK16
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 20-A - §5807. Cost of removing architectural barriers
Title 20-A: EDUCATION
Part 3: ELEMENTARY AND SECONDARY EDUCATION
Chapter 219: TUITION
§5807. Cost of removing architectural barriers
Notwithstanding the maximum tuition rate established under sections 5805 and 5806, public and private schools may adjust their
tuition rate for the express purpose of complying with the requirements of the United States Vocational Rehabilitation Act
of 1973, Section 504, Public Law 93-112.
[1981, c. 693, § § 5, 8(new)]
1. Prior approval of the commissioner. Projects, costs to bring the facilities into compliance and the method and time period of financing must receive prior approval
of the commissioner.
[1981, c. 693, § § 5, 8(new)]
2. Calculation of adjustment. The cost adjustment for each student shall be calculated by dividing:
A. The lesser of the actual compliance costs or debt retirement payments of the year immediately prior to the year for which
the tuition charge is computed by; and
[1981, c. 693, § § 5, 8(new)]
B. The average number of students attending the school on October 1st and April 1st of the same year.
[1981, c. 693, § § 5, 8(new)]
[1981, c. 693, § § 5, 8(new)]
3. Sunset provisions. The provisions of this subsection shall apply to minor capital projects which have received departmental approval before
June 30, 1982.
[1981, c. 693, § § 5, 8(new)]
Section History:
PL 1981,
Ch. 693,
§5,8
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 20-A - §5808. Schools outside state
Title 20-A: EDUCATION
Part 3: ELEMENTARY AND SECONDARY EDUCATION
Chapter 219: TUITION
§5808. Schools outside state
The tuition payment for students educated in whole in another state or country may not exceed the average per pupil cost in
all secondary schools of this State. The legislative body of the school unit may vote to authorize its school board to pay
a larger tuition rate.
[1981, c. 693, § § 5, 8 (new).]
Section History:
PL 1981,
Ch. 693,
§5,8
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 20-A - §5809. Students enrolled in career and technical educational programs
Title 20-A: EDUCATION
Part 3: ELEMENTARY AND SECONDARY EDUCATION
Chapter 219: TUITION
§5809. Students enrolled in career and technical educational programs
Schools receiving tuition students who are enrolled in regular school day career and technical educational programs at career
and technical education centers, satellites or career and technical education regions, under chapter 313, may charge a tuition
rate up to 23 of the maximum tuition rate as computed under sections 5805 or 5806. The career and technical education center,
satellite or region may charge a tuition rate of up to 13 of the maximum tuition rate as computed under section 5805 or 5806
for the student.
[2003, c. 477, §5 (amd); c. 545, §§5,6 (rev).]
Section History:
PL 1981,
Ch. 693,
§5,8
(NEW).
PL 1991,
Ch. 716,
§6,7
(AMD).
PL 1999,
Ch. 75,
§4
(AMD).
PL 2003,
Ch. 477,
§5
(AMD).
PL 2003,
Ch. 545,
§5,6
(REV).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 20-A - §5810. Tuition payments to receiving schools
Title 20-A: EDUCATION
Part 3: ELEMENTARY AND SECONDARY EDUCATION
Chapter 219: TUITION
§5810. Tuition payments to receiving schools
The following provisions apply to tuition payments.
[1981, c. 693, § § 5, 8(new)]
1. Payment date. Tuition shall be paid within 30 days of the billing date.
[1981, c. 693, § § 5, 8(new)]
2. Nonpayment. If tuition is not paid according to subsection 1, the superintendent of the school administrative unit, or the principal
of the private school to whom payment is due, shall inform the commissioner. The commissioner shall pay the tuition due and
shall deduct that amount from the state school subsidy to the school administrative unit owing tuition.
[1981, c. 693, § § 5, 8(new)]
Section History:
PL 1981,
Ch. 693,
§5,8
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 20-A - §5811. Students in unorganized territories (REPEALED)
Title 20-A: EDUCATION
Part 3: ELEMENTARY AND SECONDARY EDUCATION
Chapter 219: TUITION
§5811. Students in unorganized territories (REPEALED)
Section History:
PL 1981,
Ch. 693,
§5,8
(NEW).
PL 1985,
Ch. 490,
§18
(RP ).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 20-A - §5812. Summer school
Title 20-A: EDUCATION
Part 3: ELEMENTARY AND SECONDARY EDUCATION
Chapter 219: TUITION
§5812. Summer school
The tuition charge for students enrolled in public summer schools shall be calculated as provided in section 8802.
[1981, c. 693, § § 5, 8(new)]
Section History:
PL 1981,
Ch. 693,
§5,8
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 20-A - §5813. Driver education
Title 20-A: EDUCATION
Part 3: ELEMENTARY AND SECONDARY EDUCATION
Chapter 219: TUITION
§5813. Driver education
Students may be charged a fee for driver education as provided under section 4604.
[1981, c. 693, § § 5, 8(new)]
Section History:
PL 1981,
Ch. 693,
§5,8
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 20-A - §5814. Students not residing with parent or guardian
Title 20-A: EDUCATION
Part 3: ELEMENTARY AND SECONDARY EDUCATION
Chapter 219: TUITION
§5814. Students not residing with parent or guardian
Whenever a student is not residing with that student's parents or legal guardians because of a broken home or intolerable
home conditions, the unit where the student attends school may apply to the commissioner for a determination regarding which
unit shall pay the cost of educating such a student. The determination of the commissioner is binding upon the administrative
units concerned.
[1991, c. 365, §3 (amd).]
div>
In cases when the commissioner determines that a school unit must pay the tuition for a student described in this section
who attends school in another unit, the student is considered a resident of the unit that pays tuition. If the student is
not determined to be a tuition student, the student is considered a resident student in the school unit where the student
is placed. If the superintendent of the unit in which the student is placed so requests, the subsidy for that student is
equivalent to the state share percentage of the unit in which the student's parent or legal guardian resides or the average
state share percentage, whichever is greater. If the parent or legal guardian does not reside in the State or can not be
located, the subsidy is the state average subsidy.
[1991, c. 365, §3 (new).]
Section History:
PL 1981,
Ch. 693,
§5,8
(NEW).
PL 1991,
Ch. 365,
§3
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
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