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USA Statutes : maine
Title : Title 20-A. EDUCATION
Chapter : Chapter 606-B. ESSENTIAL PROGRAMS AND SERVICES (HEADING. PL 2001, c. 660, @1 (new))
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Title 20-A - §15670. Short title
Title 20-A: EDUCATION
Part 7: SCHOOL FINANCE
Chapter 606-B: ESSENTIAL PROGRAMS AND SERVICES (HEADING: PL 2001, c. 660, @1 (new))
§15670. Short title
This chapter may be known and cited as "the Essential Programs and Services Funding Act."
[2003, c. 504, Pt. A, §4 (new).]
Section History:
PL 2003,
Ch. 504,
§A4
(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 04333-0007
This page created on: 2005-10-01
Title 20-A - §15671-A. Property tax contribution to public education
Title 20-A: EDUCATION
Part 7: SCHOOL FINANCE
Chapter 606-B: ESSENTIAL PROGRAMS AND SERVICES (HEADING: PL 2001, c. 660, @1 (new))
§15671-A. Property tax contribution to public education
1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
A. "Funding public education from kindergarten to grade 12" means providing the cost of funding the essential programs and
services described in this chapter, including the total allocations for other subsidizable costs, debt service costs and adjustments.
[2005, c. 2, Pt. D, §35 (amd); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
B. "Local cost share expectation" means the maximum amount of money for funding public education from kindergarten to grade
12 that may be derived from property tax for the required local contribution established in section 15688, subsection 3-A.
[2005, c. 2, Pt. D, §35 (amd); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
C. "Statewide total local share" means the local share, calculated on a statewide basis, of the statewide total cost of the
components of essential programs and services as adjusted pursuant to section 15671, subsection 7 to reflect the application
of the transition targets to the base total component.
[2005, c. 2, Pt. D, §35 (new); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
D. "Statewide valuation" means the certified total state valuation for the year prior to the most recently certified total
state valuation for all municipalities statewide.
[2005, c. 2, Pt. D, §35 (new); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
[2005, c. 2, Pt. D, §35 (amd); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
2. Local cost share expectation. This subsection establishes full-value education mill rates that limit a municipality's required local contribution pursuant
to section 15688, subsection 3-A. The full-value mill rates represent rates that, if applied to the statewide valuation,
would produce the statewide total local share. Notwithstanding any other provision of law, with respect to the assessment
of any property taxes for property tax years beginning on or after April 1, 2005, a municipality's required local contribution
determined pursuant to section 15688, subsection 3-A establishes the local cost share expectation for that municipality.
A. The commissioner shall annually by February 1st notify each school administrative unit of its local cost share expectation.
Each superintendent shall report to the municipal officers whenever a school administrative unit is notified of the local
cost share expectation or a change made in the local cost share expectation resulting from an adjustment.
[2005, c. 2, Pt. D, §35 (amd); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
B. For property tax years beginning on or after April 1, 2005, the commissioner shall calculate the full-value education mill
rate that is required to raise the statewide total local share. The full-value education mill rate is calculated for each
fiscal year by dividing the applicable statewide total local share by the applicable statewide valuation. The full-value
education mill rate must decline over the period from fiscal year 2005-06 to fiscal year 2008-09 and may not exceed 9.0 mills
in fiscal year 2005-06 and may not exceed 8.0 mills in fiscal year 2008-09. The full-value education mill rate must be applied
according to section 15688, subsection 3-A, paragraph A to determine a municipality's local cost share expectation. Full-value
education mill rates must be derived according to the following schedule.
(1) For the 2005 property tax year, the full-value education mill rate is the amount necessary to result in a 47.4% statewide
total local share in fiscal year 2005-06.
(2) For the 2006 property tax year, the full-value education mill rate is the amount necessary to result in a 46.14% statewide
total local share in fiscal year 2006-07.
(3) For the 2007 property tax year, the full-value education mill rate is the amount necessary to result in a 45.56% statewide
total local share in fiscal year 2007-08.
(4) For the 2008 property tax year, the full-value education mill rate is the amount necessary to result in a 45.0% statewide
total local share in fiscal year 2008-09.
[2005, c. 2, Pt. D, §35 (amd); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
[2005, c. 2, Pt. D, §35 (amd); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
3. Exceeding maximum local cost share expectations; separate article. Beginning with the 2005-2006 school budget, the legislative body of a school administrative unit may adopt an additional
local appropriation that exceeds the local cost share expectation established by section 15688, subsection 3-A, paragraph
A only if that action is approved in a separate article by a vote of the school administrative unit's legislative body through
the same process that the school budget is approved in that school administrative unit and in accordance with section 15690.
If that additional appropriation causes the school administrative unit to exceed the maximum state and local spending target
described in subsection 4, the requirements of subsection 5 apply.
[2005, c. 2, Pt. D, §35 (amd); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
4. Maximum state and local spending target. The maximum state and local spending target for a school administrative unit is the sum of the following costs calculated
by the commissioner for the unit:
A. The base total calculated pursuant to section 15683, subsection 1 without the adjustment for transition targets under section
15671, subsection 7, paragraph A;
[2005, c. 2, Pt. D, §35 (new); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
B. Other subsidizable costs described in section 15681-A; and
[2005, c. 2, Pt. D, §35 (new); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
C. The debt service allocation pursuant to section 15683-A.
[2005, c. 2, Pt. D, §35 (new); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
The commissioner shall annually notify each school administrative unit of its maximum state and local spending target.
[2005, c. 2, Pt. D, §35 (new); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
5. Exceeding maximum state and local spending target. If the sum of a school administrative unit's required local contribution determined pursuant to section 15688, subsection
3-A plus the state contribution as calculated pursuant to section 15688, subsection 3-A, paragraph D plus any additional local
amount proposed to be raised pursuant to section 15690, subsection 3 exceeds the school administrative unit's maximum state
and local spending target established pursuant to subsection 4, the following provisions govern approval of that additional
amount.
A. The article approving the additional amount must conform to the requirements of section 15690, subsection 3, paragraph B.
Notwithstanding section 1304, subsection 6; section 1701, subsection 7; Title 30-A, section 2528, subsection 5, or any other
provision of law, municipal charter provision or ordinance, voter approval of the article, whether in town meeting, district
meeting or other voting process established by law, municipal charter or ordinance, including, but not limited to, any vote
on the article initiated by voter petition, must be by referendum or written ballot.
[2005, c. 2, Pt. D, §35 (new); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
B. In a municipality where the responsibility for final adoption of the school budget is vested by the municipal charter in
a council, this paragraph applies, except that the petition and referendum provisions apply only if the municipal charter
does not otherwise provide for or prohibit a petition and referendum process with respect to the matters described in this
paragraph.
(1) A majority of the entire membership of the school board or committee must approve the additional amount in a regular
budget meeting.
(2) An article approving the additional amount must conform to the requirements of section 15690, subsection 3, paragraph
B and be approved by a majority of the entire membership of the council in a vote taken in accordance with section 15690,
subsection 5 or, if the council votes not to approve the article, by a majority of voters voting in a referendum called pursuant
to subparagraph (4).
(3) If an article is approved by the council pursuant to subparagraph (2), the voters may petition for a referendum vote
on the same article in accordance with subparagraph (4). If a petition is filed in accordance with subparagraph (4), the
vote of the council is suspended pending the outcome of the referendum vote. Upon approval of the article by a majority of
the voters voting in that referendum, the article takes effect. If the article is not approved by a majority of the voters
voting in that referendum, the article does not take effect. Subsequent to the vote, the school committee or board may again
propose an additional amount, subject to the requirements of this section.
(4) If a written petition, signed by at least 10% of the number of voters voting in the last gubernatorial election in the
municipality, requesting a vote on the additional amount is submitted to the municipal officers within 30 days of the council's
vote pursuant to subparagraph (2), the article voted on by the council must be submitted to the legal voters in the next regular
election or a special election called for the purpose. The election must be held within 45 days of the submission of the
petition. The election must be called, advertised and conducted according to the law relating to municipal elections, except
that the registrar of voters is not required to prepare or the clerk to post a new list of voters and absentee ballots must
be prepared and made available at least 14 days prior to the date of the referendum. For the purpose of registration of voters,
the registrar of voters must be in session the secular day preceding the election. The voters shall indicate by a cross or
check mark placed against the word "Yes" or "No" their opinion on the article. The results must be declared by the municipal
officers and entered upon the municipal records.
[2005, c. 12, Pt. WW, §3 (amd); §18 (aff).]
[2005, c. 12, Pt. WW, §3 (amd); §18 (aff).]
Section History:
PL 2003,
Ch. 712,
§11
(NEW).
PL 2005,
Ch. 2,
§D35
(AMD).
PL 2005,
Ch. 2,
§D72,74
(AFF).
PL 2005,
Ch. 12,
§WW18
(AFF).
PL 2005,
Ch. 12,
§WW3
(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
This page created on: 2005-10-01
Title 20-A - §15671. Essential programs and services
Title 20-A: EDUCATION
Part 7: SCHOOL FINANCE
Chapter 606-B: ESSENTIAL PROGRAMS AND SERVICES (HEADING: PL 2001, c. 660, @1 (new))
§15671. Essential programs and services
Essential programs and services are those educational resources that are identified in this chapter for all students to meet
the standards in the 8 content standard subject areas of the system of learning results established in chapter 222. In order
to achieve this system of learning results, school funding based on essential programs and services must be available in all
schools on an equitable basis. Essential programs and services utilize resources including federal funds that are currently
provided or could be adapted to implement a system of learning results, as well as additional resources that are also needed
to ensure that these programs and services are available to all students. These essential programs and services must provide
the basis for the system of school funding no later than 2007-08. School funding must be adequate to fully provide for all
of the staffing and other material resource needs of the essential programs and services identified by the Legislature.
[2001, c. 660, §1 (new).]
1. State and local partnership. The State and each local school administrative unit are jointly responsible for contributing to the cost of the components
of essential programs and services described in this chapter. Except as otherwise provided in this subsection, for each fiscal
year, the total cost of the components of essential programs and services may not exceed the prior fiscal year's costs multiplied
by one plus the average real personal income growth rate as defined in Title 5, section 1665, subsection 1, except that in
no case may that rate exceed 2.75%. For fiscal years commencing after the state tax burden ranks in the middle 13 of all
states, as calculated and certified by the State Tax Assessor, the total cost of the components of essential programs and
services may not exceed the prior fiscal year's costs multiplied by one plus the average real personal income growth rate
as defined in Title 5, section 1665, subsection 1. The Legislature, by an affirmative vote of each House, may exceed the
limitations on increases in the total cost of the components of essential programs and services provided in this subsection,
as long as that vote is taken upon legislation stating that it is the Legislature's intent to override the limitation for
that fiscal year. The state contribution to the cost of the components of essential programs and services, exclusive of federal
funds that are provided and accounted for in the cost of the components of essential programs and services, must be made in
accordance with this subsection:
A. The level of the state share of funding attributable to the cost of the components of essential programs and services must
be at least 50% of eligible state and local General Fund education costs statewide, no later than fiscal year 2006-07; and
[2005, c. 2, Pt. D, §32 (amd); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
B. By fiscal year 2008-09 the state share of the total cost of funding public education from kindergarten to grade 12, as described
by essential programs and services, must be 55%. Beginning in fiscal year 2005-06 and in each fiscal year until fiscal year
2008-09, the state share of essential programs and services described costs must increase toward the 55% level required in
fiscal year 2008-09.
[2005, c. 2, Pt. D, §32 (amd); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
Beginning in fiscal year 2005-06 and in each fiscal year thereafter, the commissioner shall use the funding level determined
in accordance with this section as the basis for a recommended funding level for the state share of the cost of the components
of essential programs and services.
[2005, c. 2, Pt. D, §32 (amd); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
2. Per-pupil rate amounts. A per-pupil rate represents an amount of funds that is to be made available for each subsidizable pupil. Per-pupil rates
are determined pursuant to section 15676.
A.
[2005, c. 2, Pt. D, §33 (rp); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
B.
[2005, c. 2, Pt. D, §33 (rp); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
C.
[2005, c. 2, Pt. D, §33 (rp); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
D.
[2005, c. 2, Pt. D, §33 (rp); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
[2005, c. 2, Pt. D, §33 (amd); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
3. Specialized student populations. In recognition that educational needs can be more costly for some student populations than for others, special student populations
are specifically addressed in sections 15675 and 15681-A, subsection 2.
A.
[2005, c. 2, Pt. D, §33 (rp); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
B.
[2005, c. 2, Pt. D, §33 (rp); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
C.
[2005, c. 2, Pt. D, §33 (rp); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
D.
[2005, c. 2, Pt. D, §33 (rp); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
[2005, c. 2, Pt. D, §33 (amd); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
4. Educational cost components outside the per-pupil rate. A per-pupil rate is not a suitable method for allocation of all educational cost components. These components may include,
but are not limited to, debt service, transportation, bus purchases, career and technical education, small school adjustments,
teacher educational attainment and longevity of service and adjustments to general purpose aid. The funding methodology of
these educational cost components must be established based on available research.
[2005, c. 2, Pt. D, §33 (amd); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff); c. 397, Pt. D, §3 (rev).]
5. Local control of expenditures. Except for those components that are targeted funds, funds provided for the essential programs and services described in
this section must be distributed as general purpose aid for local schools, and each school administrative unit shall make
its own determination regarding the configuration of resources best suited for its pupils and how to allocate available funds
for these resources.
[2001, c. 660, §1 (new).]
6. Targeted funds. Funds for technology, assessment and the costs of additional investments in educating children in kindergarten to grade
2 as described in section 15681 must be provided as targeted allocations. School administrative units shall submit a plan
for the use of these funds and shall receive funding based on approval of the plan by the commissioner.
[2005, c. 12, Pt. UU, §1 (amd); §§12, 13 (aff); Pt. WW, §18 (aff).]
7. Transition; annual targets. To achieve the system of school funding based on essential programs and services required by this section, the following
annual targets are established.
A. The base total calculated pursuant to section 15683, subsection 2 is subject to the following annual targets.
(1) For fiscal year 2005-06, the target is 84%.
(2) For fiscal year 2006-07, the target is 90%.
(3) For fiscal year 2007-08, the target is 95%.
(4) For fiscal year 2008-09 and succeeding years, the target is 100%.
[2005, c. 2, Pt. D, §34 (amd); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
B. The annual targets for the state share percentage of the statewide adjusted total cost of the components of essential programs
and services are as follows.
(1) For fiscal year 2005-06, the target is 52.6%.
(2) For fiscal year 2006-07, the target is 53.86%.
(3) For fiscal year 2007-08, the target is 54.44%.
(4) For fiscal year 2008-09 and succeeding years, the target is 55%.
[2005, c. 2, Pt. D, §34 (amd); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
[2005, c. 2, Pt. D, §34 (amd); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
Section History:
PL 2001,
Ch. 660,
§1
(NEW).
PL 2003,
Ch. 504,
§A5
(AMD).
PL 2003,
Ch. 712,
§9,10
(AMD).
PL 2005,
Ch. 2,
§D32-34
(AMD).
PL 2005,
Ch. 2,
§D72,74
(AFF).
PL 2005,
Ch. 12,
§UU1
(AMD).
PL 2005,
Ch. 12,
§UU12,13,WW18
(AFF).
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 04333-0007
This page created on: 2005-10-01
Title 20-A - §15672. Definitions
Title 20-A: EDUCATION
Part 7: SCHOOL FINANCE
Chapter 606-B: ESSENTIAL PROGRAMS AND SERVICES (HEADING: PL 2001, c. 660, @1 (new))
§15672. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.
[2003, c. 504, Pt. A, §6 (new).]
1. Allocation year. "Allocation year" means the year that subsidy is distributed to school administrative units.
[2003, c. 504, Pt. A, §6 (new).]
1-A. Adjusted total cost of components of essential programs and services. "Adjusted total cost of the components of essential programs and services" means the total cost of the components of essential
programs and services adjusted to reflect the application of the transition targets to the base total component as specified
in section 15671, subsection 7, paragraph A.
[2005, c. 2, Pt. D, §36 (new); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
1-B. Base year. "Base year" means the 2nd year prior to the allocation year.
[2005, c. 2, Pt. D, §36 (new); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
1-C. Bus purchase costs. "Bus purchase costs" includes expenditures for bus purchases approved by the commissioner and made during the year prior
to the allocation year.
[2005, c. 2, Pt. D, §36 (new); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
2. Clerical staff. "Clerical staff" means full-time equivalent public school secretaries, as documented in the department's database.
[2005, c. 2, Pt. D, §36 (amd); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
2-A. Debt service costs. "Debt service costs," for subsidy purposes, includes:
A. Principal and interest costs for approved major capital projects in the allocation year, including the initial local share
of school construction projects that received voter approval for all or part of their funding in referendum in fiscal year
1984-85, but excluding payments made with funds from state and local government accounts established under the federal Internal
Revenue Code and regulations for disposition of excess, unneeded proceeds of bonds issued for a school project;
[2005, c. 2, Pt. D, §36 (new); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
B. Lease costs for school buildings when the leases, including leases under which the school administrative unit may apply
the lease payments to the purchase of portable, temporary classroom space beginning January 1, 1988, have been approved by
the commissioner for the year prior to the allocation year. Beginning July 1, 1998 lease costs include costs for leasing:
(1) Administrative space. A school administrative unit may lease administrative space with state support until July 1,
2003. A school administrative unit engaged in a lease-purchase agreement for administrative space is eligible for state support
until July 1, 2008;
(2) Temporary interim nonadministrative space.
(a) A school administrative unit with state-approved need for nonadministrative space may lease temporary interim space,
with state support, for a maximum of 5 years. A school administrative unit may appeal to the state board if this limitation
presents an undue burden. When making a determination on a school administrative unit's request for relief based on undue
burden, the state board may consider, but is not limited to considering, the following:
(i) Fiscal capacity;
(ii) Enrollment demographics; and
(iii) Unforeseen circumstances not within the control of the appealing school administrative unit.
The state board's decision is final.
(b) A school administrative unit engaged in a lease-purchase agreement for temporary interim nonadministrative space is
eligible for state support for a maximum of 10 years; and
(3) Permanent small nonadministrative space that replaces or is converted from existing approved leased portable space.
The existing approved leased portable space will be eligible for state support until July 1, 2003. Once an existing leased
portable space has been converted into a permanent nonadministrative space through an approved lease-purchase agreement, that
space is eligible for state support for a maximum of 10 years.
The department shall adopt rules necessary to implement this paragraph. Rules adopted by the department to implement this
paragraph are major substantive rules pursuant to Title 5, chapter 375, subchapter 2-A;
[2005, c. 2, Pt. D, §36 (new); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
C. The portion of the tuition costs applicable to the insured value factor for the base year computed under section 5806; and
[2005, c. 2, Pt. D, §36 (new); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
D. The cost of construction or purchase of portable, temporary classroom space as approved by the commissioner beginning January
1, 1988. For the purposes of this section, "portable, temporary classroom space" means a project consisting of one or more
mobile or modular buildings that are at least partially constructed off site and are designed to be moved to other sites with
a minimum of disassembly and reassembly. "Portable, temporary classroom space" includes, but is not limited to, space for
regular classrooms, small group instruction, libraries, clinics and guidance and administrative office space, including principal
and superintendent offices. The department shall adopt rules for approving the purchase, construction or lease-purchase
of portable, temporary classroom space and for determining the amount includable for subsidy purposes. Lease-purchase agreements
may not exceed a term of 10 years. Approved costs are those for the year prior to the allocation year. The department shall
adopt rules necessary to implement this paragraph. Rules adopted by the department to implement this paragraph are major
substantive rules pursuant to Title 5, chapter 375, subchapter 2-A.
[2005, c. 2, Pt. D, §36 (new); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
[2005, c. 2, Pt. D, §36 (new); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
3. Economically disadvantaged students. "Economically disadvantaged students" means students who are included in the department's count of students who are eligible
for free or reduced-price meals or free milk or both.
[2003, c. 504, Pt. A, §6 (new).]
4. Education technician. "Education technician" means a full-time equivalent public teacher aide or education technician I, associate teacher or
education technician II or assistant teacher or education technician III but not a special education technician I, II or III,
as documented in the department's database.
[2005, c. 2, Pt. D, §36 (amd); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
5. Elementary free or reduced-price meals percentage. "Elementary free or reduced-price meals percentage" means the percentage, as determined by the commissioner, that reflects
either:
A. The actual percentage of elementary students in a school administrative unit who are eligible to receive free or reduced-price
meals or free milk or both; or
[2003, c. 504, Pt. A, §6 (new).]
B. The commissioner's estimated percentage of elementary students in a school administrative unit who are eligible to receive
free or reduced-price meals or free milk or both.
[2003, c. 504, Pt. A, §6 (new).]
[2003, c. 504, Pt. A, §6 (new).]
6. Elementary grades. "Elementary grades" means kindergarten to grade 8 and includes children enrolled in early kindergarten programs and 4-year-old
children enrolled in a 2-year childhood education program prior to grade one.
[2003, c. 504, Pt. A, §6 (new).]
7. Elementary school level. "Elementary school level" means the grades from kindergarten to grade 5 and includes early kindergarten programs and 2-year
childhood education programs enrolling 4-year-old children prior to grade one.
[2003, c. 504, Pt. A, §6 (new).]
7-A. EPS per-pupil rate. "EPS per-pupil rate" means the rate calculated under section 15676 or 15676-A, as applicable.
[2005, c. 2, Pt. D, §36 (new); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
8. Essential programs and services. "Essential programs and services" means those educational resources that are identified in this chapter that enable all
students to meet the standards in the 8 content standard subject areas of the system of learning results established in chapter
222.
[2003, c. 504, Pt. A, §6 (new).]
9. Essential programs and services transition percentage. "Essential programs and services transition percentage" means the percentage of the base total calculated pursuant to section
15671, subsection 7, paragraph A.
[2005, c. 2, Pt. D, §36 (amd); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
9-A. Gifted and talented costs. "Gifted and talented costs" means the cost of programs for gifted and talented students that have been approved by the commissioner.
[2005, c. 2, Pt. D, §36 (new); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
10. Grade 9 to 12 portion. "Grade 9 to 12 portion" means those pupils in the secondary grades or high school level.
[2003, c. 504, Pt. A, §6 (new).]
11. Guidance staff. "Guidance staff" means full-time equivalent public guidance counselors, directors of guidance or school social workers,
as documented in the department's database.
[2005, c. 2, Pt. D, §36 (amd); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
12. Health staff. "Health staff" means full-time equivalent public school nurses, as documented in the department's database.
[2005, c. 2, Pt. D, §36 (amd); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
13. High school level. "High school level" means grade 9 to grade 12.
[2003, c. 504, Pt. A, §6 (new).]
13-A. Institutional resident. "Institutional resident" means a person between 5 years of age and 20 years of age who is attending a public school of the
school administrative unit and who is committed or otherwise legally admitted to and residing at a state-operated institution.
"Institutional resident" does not include students attending private facilities, regardless of the means of placement.
[2005, c. 2, Pt. D, §36 (new); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
14. Income weight.
[2005, c. 2, Pt. D, §36 (rp); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
15. Kindergarten to grade 8 portion. "Kindergarten to grade 8 portion" means those pupils in the elementary grades or a combination of the elementary school level
and middle school level.
[2003, c. 504, Pt. A, §6 (new).]
16. Kindergarten to grade 2 student. "Kindergarten to grade 2 student" means a student in any grade from prekindergarten to grade 2 who is at least 4 years old
on October 15th of the school year.
[2005, c. 2, Pt. D, §36 (amd); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
17. Librarian. "Librarian" means a full-time equivalent public librarian or media specialist, as documented in the department's database.
[2005, c. 2, Pt. D, §36 (amd); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
18. Limited English proficiency student. "Limited English proficiency student" means a student who was not born in the United States or whose native language is
a language other than English and who satisfies the definition of a limited English proficient student under the federal No
Child Left Behind Act of 2001, 20 United States Code, Chapter 70.
[2003, c. 504, Pt. A, §6 (new).]
18-A. Major capital costs. "Major capital costs" means costs relating to school construction projects, as defined in section 15901.
[2005, c. 2, Pt. D, §36 (new); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
19. Media assistant. "Media assistant" means a full-time equivalent public librarian aide or library technician I, librarian assistant or library
technician II or librarian associate or library technician III, as documented in the department's database.
[2005, c. 2, Pt. D, §36 (amd); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
20. Middle school level. "Middle school level" means grade 6 to grade 8.
[2003, c. 504, Pt. A, §6 (new).]
20-A. Minor capital costs. "Minor capital costs" means costs relating to plant maintenance, minor remodeling, site development or the purchase of land
not in conjunction with a construction project.
A. "Minor capital costs" does not include construction of new buildings or the purchase of land in conjunction with a school
construction project.
[2005, c. 2, Pt. D, §36 (new); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
B. Expenditures to repay funds borrowed for minor capital expenditures must be considered minor capital costs in the year in
which these funds are repaid.
[2005, c. 2, Pt. D, §36 (new); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
C. Purchase of land made in accordance with this subsection must be approved:
(1) By the legislative body of the school administrative unit; and
(2) By the commissioner, under rules adopted for this purpose.
[2005, c. 2, Pt. D, §36 (new); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
[2005, c. 2, Pt. D, §36 (new); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
21. Municipality. "Municipality" means a city, town or organized plantation.
[2003, c. 504, Pt. A, §6 (new).]
21-A. Other subsidizable costs. "Other subsidizable costs" means those costs identified in section 15681-A. These costs are part of the total operating
allocation under section 15683.
[2005, c. 2, Pt. D, §36 (new); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
21-B. Portable, temporary classroom space. "Portable, temporary classroom space" means one or more mobile or modular buildings that are at least partially constructed
off site and that are designed to be moved to other sites with a minimum of disassembly and reassembly.
[2005, c. 2, Pt. D, §36 (new); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
22. Per-pupil guarantee.
[2005, c. 2, Pt. D, §36 (rp); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
22-A. Predicted per-pupil transportation costs. "Predicted per-pupil transportation costs" means the predicted transportation costs for a school administrative unit based
on the number of resident pupils, the number of miles of Class 1 to Class 5 roads in the school administrative unit and approved
adjustments. Approved adjustments include a per mile rate equal to the state average gross transportation operating costs
per mile driven for transportation associated with out-of-district special education programs, up to 2 round trips per day
for vocational education programs, and adjustments for expenditures for ferry services within a school administrative unit,
transportation of homeless children in accordance with section 5205 and transportation costs of island school administrative
units.
[2005, c. 2, Pt. D, §36 (new); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
23. Property fiscal capacity. "Property fiscal capacity" means the certified state valuation for the year prior to the most recently certified state valuation.
[2005, c. 2, Pt. D, §36 (amd); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
24. Property weight.
[2005, c. 2, Pt. D, §36 (rp); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
25. School administrative staff. "School administrative staff" means full-time equivalent public school principals and assistant principals, as documented
in the department's database.
[2005, c. 2, Pt. D, §36 (amd); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
26. School administrative unit's local contribution to EPS per-pupil rate. "School administrative unit's local contribution to the EPS per-pupil rate" means the funds that a school administrative
unit provides for each subsidizable pupil who resides in that unit.
[2005, c. 2, Pt. D, §36 (amd); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
27. School administrative unit's state contribution to EPS per-pupil rate. "School administrative unit's state contribution to the EPS per-pupil rate" means the funds that the State provides to a
school administrative unit for each subsidizable pupil who resides in that unit.
[2005, c. 2, Pt. D, §36 (amd); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
28. School level. "School level" means elementary level, middle school level and high school level.
[2003, c. 504, Pt. A, §6 (new).]
29. School level teaching staff. "School level teaching staff" means full-time equivalent public classroom teachers, itinerant classroom teachers and special
teachers of reading or literacy specialists excluding special education teachers and career and technical education teachers,
as documented in the department's database.
[2005, c. 2, Pt. D, §36 (amd); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff); c. 397, Pt. D, §3 (rev).]
30. Secondary grades. "Secondary grades" means grade 9 to grade 12.
[2003, c. 504, Pt. A, §6 (new).]
30-A. Special education costs. "Special education costs" for subsidy purposes includes:
A. The salary and benefit costs of certified professionals, assistants and aides or costs of persons contracted to perform
a special education service;
[2005, c. 12, Pt. WW, §4 (amd); §18 (aff).]
B. The costs of tuition and board to other schools for programs that have been approved by the commissioner and not paid directly
by the State. Medical costs are not allowable as part of a tuition charge;
[2005, c. 2, Pt. D, §36 (new); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
C. The following preschool handicapped services:
(1) The salary and benefit costs of certified professionals, assistants and aides or persons contracted to perform preschool
handicapped services that have been approved by the commissioner; and
(2) The cost of tuition to other schools for programs that have been approved by the commissioner; and
[2005, c. 2, Pt. D, §36 (new); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
D. Special education costs that are the costs of educational services provided to students who are temporarily unable to participate
in regular school programs. Students who may be included are pregnant students, hospitalized students or those confined to
their homes for illness or injury, students involved in substance abuse programs within hospital settings or in residential
rehabilitation facilities licensed by the Department of Health and Human Services, Office of Alcoholism and Drug Abuse Prevention
for less than 6 weeks duration or students suffering from other temporary conditions that prohibit their attendance at school.
Students served under this paragraph may not be counted as exceptional students for federal reporting purposes.
[2005, c. 2, Pt. D, §36 (new); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
[2005, c. 12, Pt. WW, §4 (amd); §18 (aff).]
30-B. State-operated institution. "State-operated institution" means any residential facility or institution that is operated by the Department of Health
and Human Services or a school operated by the Department of Education.
[2005, c. 2, Pt. D, §36 (new); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
31. State share percentage. "State share percentage" means the percentage of the state contribution determined under section 15688, subsection 3-A,
paragraph D divided by the total cost determined in section 15688, subsection 1.
A.
[2005, c. 2, Pt. D, §36 (rp); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
B.
[2005, c. 2, Pt. D, §36 (rp); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
C.
[2005, c. 2, Pt. D, §36 (rp); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
D.
[2005, c. 2, Pt. D, §36 (rp); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
[RR 2005, c. 1, §3 (cor).]
31-A. State subsidy. "State subsidy" means the total of the state contribution determined under section 15688, subsection 3-A, paragraph B and
any applicable adjustment under section 15689.
[2005, c. 2, Pt. D, §36 (new); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
31-B. Subsidizable costs. "Subsidizable costs" includes the costs described in paragraphs A to C and used to calculate the total allocation amount:
A. The total operating allocation under section 15683;
[2005, c. 2, Pt. D, §36 (new); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
B. Debt service cost; and
[2005, c. 2, Pt. D, §36 (new); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
C. Adjustments and miscellaneous costs under sections 15689 and 15689-A including special education tuition and board, excluding
medical costs. For purposes of this paragraph, "special education tuition and board" means:
(1) Tuition and board for pupils placed directly by the State in accordance with rules adopted or amended by the commissioner;
and
(2) Special education tuition and other tuition for institutional residents of state-operated institutions attending programs
in school administrative units or private schools in accordance with rules adopted or amended by the commissioner.
[2005, c. 2, Pt. D, §36 (new); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
[2005, c. 2, Pt. D, §36 (new); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
32. Subsidizable pupils. "Subsidizable pupils" means all school level pupils who reside in a school administrative unit and who are educated at public
expense at a public school or at a private school approved for tuition purposes.
[2005, c. 2, Pt. D, §36 (amd); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
32-A. Total allocation. "Total allocation" means the total of the operating allocation as described in section 15683 and the debt service allocation
as described in section 15683-A.
Nonsubsidizable costs are not considered in the calculation of the total allocation. "Nonsubsidizable costs" includes the
following:
A. Community service costs;
[2005, c. 2, Pt. D, §36 (new); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
B. Major capital costs;
[2005, c. 2, Pt. D, §36 (new); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
C. Expenditures from all federal revenue sources, except for amounts received under United States Public Law 81-874;
[2005, c. 2, Pt. D, §36 (new); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
D. Transportation costs not associated with transporting students from home to school and back home each day; and
[2005, c. 2, Pt. D, §36 (new); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
E. Costs payable to the Maine State Retirement System under Title 5, section 17154, subsections 10 and 11.
[2005, c. 2, Pt. D, §36 (new); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
[2005, c. 2, Pt. D, §36 (new); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
32-B. Total cost of components of essential programs and services. "Total cost of the components of essential programs and services" means the total of the following components:
A. The base total determined pursuant to section 15683, subsection 1;
[2005, c. 2, Pt. D, §36 (new); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
B. Other subsidizable costs identified in section 15681-A;
[2005, c. 2, Pt. D, §36 (new); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
C. Debt service costs;
[2005, c. 2, Pt. D, §36 (new); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
D. Adjustments determined pursuant to section 15689; and
[2005, c. 2, Pt. D, §36 (new); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
E. Miscellaneous costs appropriated pursuant to section 15689-A.
[2005, c. 2, Pt. D, §36 (new); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
[2005, c. 2, Pt. D, §36 (new); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
32-C. Transportation operating costs. "Transportation operating costs" means all costs incurred in the transportation of pupils in kindergarten to grade 12, including
lease costs for bus garage and maintenance facilities and lease-purchase costs that the school administrative unit may apply
to the purchase of bus garage and maintenance facilities, when the leases and lease-purchase agreements have been approved
by the commissioner, but excluding the costs of bus purchases and excluding all costs not associated with transporting students
from home to school and back home each day. The amount includable for determining the subsidy for a school administrative
unit for lease-purchase of bus garage and maintenance facilities may not exceed the amount for the lease of a comparable facility.
[2005, c. 2, Pt. D, §36 (new); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
32-D. Vocational education costs. "Vocational education costs" for subsidy purposes means all costs incurred by the vocational regions, centers or satellites
in providing approved secondary school vocational education programs, excluding transportation, capital costs and debt service.
[2005, c. 2, Pt. D, §36 (new); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
32-E. Year. "Year" means a fiscal year starting July 1st and ending June 30th of the succeeding year.
[2005, c. 2, Pt. D, §36 (new); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
33. Year of funding. "Year of funding" means the fiscal year during which state subsidies are disbursed to school administrative units, except
as specified in section 15005, subsection 1.
[2003, c. 504, Pt. A, §6 (new).]
Section History:
PL 2003,
Ch. 504,
§A6
(NEW).
PL 2003,
Ch. 712,
§12
(AMD).
PL 2005,
Ch. 2,
§D36
(AMD).
PL 2005,
Ch. 2,
§D72,74
(AFF).
PL 2005,
Ch. 12,
§WW18
(AFF).
PL 2005,
Ch. 12,
§WW4
(AMD).
PL 2005,
Ch. 397,
§D3
(REV).
RR 2005,
Ch. 1,
§3
(COR).
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
This page created on: 2005-10-01
Title 20-A - §15673. Relationship to School Finance Act of 1985 (REPEALED)
Title 20-A: EDUCATION
Part 7: SCHOOL FINANCE
Chapter 606-B: ESSENTIAL PROGRAMS AND SERVICES (HEADING: PL 2001, c. 660, @1 (new))
§15673. Relationship to School Finance Act of 1985 (REPEALED)
Section History:
PL 2003,
Ch. 504,
§A6
(NEW).
PL 2003,
Ch. 712,
§13
(RPR).
PL 2005,
Ch. 2,
§D37
(RP ).
PL 2005,
Ch. 2,
§D72,74
(AFF).
PL 2005,
Ch. 12,
§WW18
(AFF).
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
This page created on: 2005-10-01
Title 20-A - §15674. Pupil counts
Title 20-A: EDUCATION
Part 7: SCHOOL FINANCE
Chapter 606-B: ESSENTIAL PROGRAMS AND SERVICES (HEADING: PL 2001, c. 660, @1 (new))
§15674. Pupil counts
1. Pupil counts used for determination of operating costs. In addition to the additional weighted counts authorized under section 15675 and except as provided in subsection 2, the
pupil count used for operating costs in this Act is the sum of:
A. The average number of secondary school-age persons enrolled in an adult education course counted during the most recent
calendar year counted pursuant to section 8605, subsection 2;
[2003, c. 504, Pt. A, §6 (new).]
B. The average number of students in equivalent instruction programs during the most recent calendar year, as reported pursuant
to section 5021, subsection 8; and
[2003, c. 504, Pt. A, §6 (new).]
C. The greater of:
(1) The average of the 2 pupil counts for April 1st and October 1st of the most recent calendar year prior to the year of
funding, reported in accordance with section 6004, including the counts of students enrolled in an alternative program made
in accordance with section 5104-A; and
(2) The average of the 6 pupil counts for April 1st and October 1st of the 3 most recent calendar years prior to the year
of funding, reported in accordance with section 6004, including the counts of students enrolled in an alternative program
and counted in accordance with section 5104-A.
[2003, c. 504, Pt. A, §6 (new).]
[2003, c. 504, Pt. A, §6 (new).]
2. Exception. Notwithstanding subsection 1, paragraph C, the pupil count identified in subsection 1, paragraph C, subparagraph (1) must
be used for:
A. Elementary school level and middle school level students for school administrative units that send all their elementary
school level and middle school level students as tuition students to schools elsewhere in the State;
[2003, c. 504, Pt. A, §6 (new).]
B. High school level students for school administrative units that send all their high school level students as tuition students
to schools elsewhere in the State; and
[2003, c. 504, Pt. A, §6 (new).]
C. School level students for school administrative units that send all their school level students to schools elsewhere in the
State.
[2003, c. 504, Pt. A, §6 (new).]
[2003, c. 504, Pt. A, §6 (new).]
Section History:
PL 2003,
Ch. 504,
§A6
(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 04333-0007
This page created on: 2005-10-01
Title 20-A - §15675. Specialized student populations; additional weights
Title 20-A: EDUCATION
Part 7: SCHOOL FINANCE
Chapter 606-B: ESSENTIAL PROGRAMS AND SERVICES (HEADING: PL 2001, c. 660, @1 (new))
§15675. Specialized student populations; additional weights
For the purpose of calculating the total operating allocation under this chapter pursuant to section 15683, the following
additional weights must be added to the per-pupil count calculated under section 15674, subsection 1, paragraph C, subparagraph
(1).
[2003, c. 504, Pt. A, §6 (new).]
1. Limited English proficiency students. The additional weights for school administrative units with limited English proficiency students are as follows:
A. For a school administrative unit with 15 or fewer limited English proficiency students, the unit receives an additional
weight of .50 per student;
[2003, c. 504, Pt. A, §6 (new).]
B. For a school administrative unit with more than 15 and fewer than 251 limited English proficiency students, the unit receives
an additional weight of .30 per student;
[2005, c. 12, Pt. UU, §2 (amd); §§12, 13 (aff); Pt. WW, §18 (aff).]
C. For a school administrative unit with 251 or more limited English proficiency students, the unit receives an additional weight
of .60 per student; and
[2005, c. 12, Pt. UU, §2 (amd); §§12, 13 (aff); Pt. WW, §18 (aff).]
D. Notwithstanding paragraphs A, B and C and for fiscal year 2005-06 only, a school administrative unit that receives an allocation
for limited English proficiency students and that has more than 15 and fewer than 26 limited English proficiency students
is eligible for an adjustment to its allocation for limited English proficiency students that is the difference between the
amount that the school unit would have received under the calculation described in paragraph B and the amount that is calculated
when the school unit receives for the first 15 students a weight of .50 instead of .30 as otherwise required under paragraph
B. This paragraph is repealed June 30, 2006.
[2005, c. 12, Pt. UU, §2 (new); §§12, 13 (aff); Pt. WW, §18 (aff).]
Eligibility for state funds under this subsection is limited to school administrative units that are providing services to
limited English proficiency students through programs approved by the department.
[2005, c. 12, Pt. UU, §2 (amd); §§12, 13 (aff); Pt. WW, §18 (aff).]
2. Economically disadvantaged students. For each economically disadvantaged student, a school administrative unit receives an additional weight of .15. The number
of economically disadvantaged students for each unit is determined by multiplying the number of resident pupils in the most
recent calendar year by the most recent available elementary free or reduced-price meals percentage. The elementary free
or reduced-price meals percentage may be applied to determine the number of economically disadvantaged students in the unit's
secondary grades.
[2003, c. 504, Pt. A, §6 (new).]
3. Kindergarten to grade 2 students. If a school administrative unit is eligible to receive targeted funds for its kindergarten to grade 2 program under section
15681, then for each kindergarten to grade 2 student, the unit receives an additional weight of .10.
A. For purposes of the additional weight under this subsection, the count of kindergarten to grade 2 students is calculated
based on the number of resident pupils in the most recent calendar year.
[2003, c. 504, Pt. A, §6 (new).]
B. Only school administrative units with a kindergarten to grade 2 program approved by the department are eligible for funds
pursuant to this subsection or other comparable index.
[2003, c. 504, Pt. A, §6 (new).]
C. Funds provided pursuant to this subsection may be expended only on behalf of kindergarten to grade 2 students.
[2003, c. 504, Pt. A, §6 (new).]
[2003, c. 504, Pt. A, §6 (new).]
Section History:
PL 2003,
Ch. 504,
§A6
(NEW).
PL 2005,
Ch. 2,
§D38
(AMD).
PL 2005,
Ch. 2,
§D72,74
(AFF).
PL 2005,
Ch. 12,
§UU12,13,WW18
(AFF).
PL 2005,
Ch. 12,
§UU2
(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
This page created on: 2005-10-01
Title 20-A - §15676-A. EPS per-pupil rate for units that do not operate schools
Title 20-A: EDUCATION
Part 7: SCHOOL FINANCE
Chapter 606-B: ESSENTIAL PROGRAMS AND SERVICES (HEADING: PL 2001, c. 660, @1 (new))
§15676-A. EPS per-pupil rate for units that do not operate schools
1. Definitions. For purposes of this section, the following terms have the following meanings.
A. "Receiving unit" means the school administrative unit to which students are sent by the sending unit.
[2005, c. 2, Pt. D, §40 (new); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
B. "Receiving unit cost" means the amount arrived at by multiplying the receiving unit's EPS rate by the number of students
sent to that unit by the sending unit.
[2005, c. 2, Pt. D, §40 (new); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
C. "Sending unit" means the school administrative unit sending students to other school administrative units.
[2005, c. 2, Pt. D, §40 (new); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
[2005, c. 2, Pt. D, §40 (new); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
2. Calculation of EPS per-pupil rate. For school administrative units that do not operate certain types of schools, the commissioner shall calculate that unit's
EPS per-pupil rate for each year as follows.
A. For units that do not operate elementary grade schools, the EPS per-pupil rate for elementary grades is calculated by multiplying
the number of students sent by the sending unit to an elementary grade receiving unit multiplied by the receiving unit's EPS
per-pupil rate for elementary grades and the result divided by the number of students sent by the sending unit to that elementary
grade receiving unit. If the sending unit sends students to more than one elementary grade receiving unit, then the elementary
grade receiving unit cost for each student sent by the sending unit is added and the result divided by the total number of
students sent to elementary grade receiving units by the sending unit. The result is the average elementary grade EPS per-pupil
rate for the sending unit.
The EPS per-pupil rate for private schools approved for tuition purposes under chapter 117 is the statewide average EPS per-pupil
rate for elementary grades. The elementary attending student count is the most recent October 1st count prior to the allocation
year.
[2005, c. 2, Pt. D, §40 (new); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
B. For units that do not operate secondary grade schools, the EPS per-pupil rate for secondary grades is calculated by multiplying
the number of students sent by the sending unit to a secondary grade receiving unit multiplied by the receiving unit's EPS
per-pupil rate for secondary grades and the result divided by the number of students sent by the sending unit to that secondary
grade receiving unit. If the sending unit sends students to more than one secondary grade receiving unit, then the secondary
grade receiving unit cost for each student sent by the sending unit is added and the result divided by the total number of
students sent to secondary grade receiving units by the sending unit. The result is the average secondary grade EPS per-pupil
rate for the sending unit.
The EPS per-pupil rate for private schools approved for tuition purposes under chapter 117 is the statewide average EPS per-pupil
rate for secondary grades. The secondary attending student count is the most recent October 1st count prior to the allocation
year.
[2005, c. 2, Pt. D, §40 (new); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
[2005, c. 2, Pt. D, §40 (new); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
Section History:
PL 2005,
Ch. 2,
§D40
(NEW).
PL 2005,
Ch. 2,
§D72,74
(AFF).
PL 2005,
Ch. 12,
§WW18
(AFF).
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
This page created on: 2005-10-01
Title 20-A - §15676. EPS per-pupil rate
Title 20-A: EDUCATION
Part 7: SCHOOL FINANCE
Chapter 606-B: ESSENTIAL PROGRAMS AND SERVICES (HEADING: PL 2001, c. 660, @1 (new))
§15676. EPS per-pupil rate
For each school administrative unit, the commissioner shall calculate the unit's EPS per-pupil rate for each year as the sum
of:
[2005, c. 2, Pt. D, §39 (amd); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
1. Teaching staff costs. The salary and benefit costs for school level teaching staff that are necessary to carry out this Act, calculated in accordance
with section 15678, adjusted by the regional adjustment under section 15682 and reduced by the amount of funds received by
the school administrative unit during the most recent fiscal year under Title 1 of the federal Elementary and Secondary Act
of 1965, 20 United States Code, Section 6301 et seq.;
[2005, c. 2, Pt. D, §39 (amd); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
2. Other staff costs. The salary and benefit costs for school-level staff who are not teachers, but including substitute teachers, that are necessary
to carry out this Act, calculated in accordance with section 15679, adjusted by the regional adjustment under section 15682
and reduced by the amount of funds received by the school administrative unit during the most recent fiscal year under Title
1 of the federal Elementary and Secondary Act of 1965, 20 United States Code, Section 6301 et seq.; and
[2005, c. 2, Pt. D, §39 (amd); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
3. Additional costs. The per-pupil amounts not related to staffing, calculated in accordance with section 15680.
[2003, c. 504, Pt. A, §6 (new).]
div>
The EPS per-pupil rate is calculated on the basis of which schools students attend. For school administrative units that
do not operate their own schools, the EPS per-pupil rate is calculated under section 15676-A.
[2005, c. 2, Pt. D, §39 (new); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
Section History:
PL 2003,
Ch. 504,
§A6
(NEW).
PL 2005,
Ch. 2,
§D39
(AMD).
PL 2005,
Ch. 2,
§D72,74
(AFF).
PL 2005,
Ch. 12,
§WW18
(AFF).
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
This page created on: 2005-10-01
Title 20-A - §15677. Salary matrix
Title 20-A: EDUCATION
Part 7: SCHOOL FINANCE
Chapter 606-B: ESSENTIAL PROGRAMS AND SERVICES (HEADING: PL 2001, c. 660, @1 (new))
§15677. Salary matrix
1. Salary matrix defined. For purposes of this section, "salary matrix" means the relationships on a statewide basis between average staff salaries
and:
A. Years of staff experience; and
[2003, c. 504, Pt. A, §6 (new).]
B. Levels of staff education.
[2003, c. 504, Pt. A, §6 (new).]
[2003, c. 504, Pt. A, §6 (new).]
2. Determination of matrix. The salary matrix must be determined in accordance with the following.
A. For fiscal year 2005-06, the commissioner, using information provided by a statewide education policy research institute,
shall establish the salary matrix based on the most recently available relevant data and appropriate trends in the Consumer
Price Index or other comparable index.
[2003, c. 504, Pt. A, §6 (new).]
B. For fiscal year 2006-07 and each subsequent year, the commissioner shall update the previous year's salary matrix to reflect
appropriate trends in the Consumer Price Index or other comparable index.
[2003, c. 504, Pt. A, §6 (new).]
[2003, c. 504, Pt. A, §6 (new).]
Section History:
PL 2003,
Ch. 504,
§A6
(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 04333-0007
This page created on: 2005-10-01
Title 20-A - §15678. Calculation of salary and benefit costs; school level teaching staff
Title 20-A: EDUCATION
Part 7: SCHOOL FINANCE
Chapter 606-B: ESSENTIAL PROGRAMS AND SERVICES (HEADING: PL 2001, c. 660, @1 (new))
§15678. Calculation of salary and benefit costs; school level teaching staff
1. Salary and benefit costs; teaching positions. The commissioner shall annually determine, for each school administrative unit, the salary and benefit costs of all school
level teaching positions that are necessary to carry out this Act.
[2003, c. 504, Pt. A, §6 (new).]
2. Ratios. In calculating the salary and benefit costs pursuant to this section, the commissioner shall utilize the following student-to-teacher
ratios.
A. For the elementary school level, the student-to-teacher ratio is 17:1.
[2003, c. 504, Pt. A, §6 (new).]
B. For the middle school level, the student-to-teacher ratio is 16:1.
[2003, c. 504, Pt. A, §6 (new).]
C. For the high school level, the student-to-teacher ratio is 15:1.
[2003, c. 504, Pt. A, §6 (new).]
[2003, c. 504, Pt. A, §6 (new).]
3. Number of teaching positions required. The commissioner shall identify for each school administrative unit, using the pupil count arrived at under section 15674,
subsection 1, paragraph C, subparagraph (1), the number of school level teaching positions that are required in order to achieve
the student-to-teacher ratios set forth in subsection 2.
[2003, c. 504, Pt. A, §6 (new).]
4. Estimated salary costs. The commissioner shall determine the estimated salary cost for the number of school level teaching positions required under
subsection 3. In order to calculate this amount, the commissioner shall use the salary matrix pursuant to section 15677 for
all school level teaching positions in each category.
[2003, c. 504, Pt. A, §6 (new).]
5. Total salary and benefit costs for school level teaching staff. The total salary and benefit costs for school level teaching staff are equal to the sum of:
A. The amount identified pursuant to subsection 4; and
[2003, c. 504, Pt. A, §6 (new).]
B. The amount, as determined by the commissioner, that equals the statewide percentage of salary costs that represents the statewide
average benefit costs.
[2005, c. 2, Pt. D, §41 (amd); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
[2005, c. 2, Pt. D, §41 (amd); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
Section History:
PL 2003,
Ch. 504,
§A6
(NEW).
PL 2005,
Ch. 2,
§D41
(AMD).
PL 2005,
Ch. 2,
§D72,74
(AFF).
PL 2005,
Ch. 12,
§WW18
(AFF).
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
This page created on: 2005-10-01
Title 20-A - §15679. Calculation of salary and benefit costs; other school level staff
Title 20-A: EDUCATION
Part 7: SCHOOL FINANCE
Chapter 606-B: ESSENTIAL PROGRAMS AND SERVICES (HEADING: PL 2001, c. 660, @1 (new))
§15679. Calculation of salary and benefit costs; other school level staff
1. Salary and benefit costs; other school level positions. The commissioner shall annually determine, for each school administrative unit, the salary and benefit costs of all school
level positions other than teaching positions, referred to in this section as "staff," that are necessary to carry out this
Act.
[2003, c. 504, Pt. A, §6 (new).]
2. Students-to-staff ratios. In calculating the salary and benefit costs pursuant to this section, the commissioner shall utilize the following student-to-staff
ratios.
A. For the elementary school level and the middle school level:
(1) The student-to-education technician ratio is 100:1;
(2) The student-to-guidance staff ratio is 350:1;
(3) The student-to-librarian ratio is 800:1;
(4) The student-to-media assistant ratio is 500:1;
(5) The student-to-health staff ratio is 800:1;
(6) The student-to-school administrative staff ratio is 305:1; and
(7) The student-to-clerical staff ratio is 200:1.
[2003, c. 504, Pt. A, §6 (new).]
B. For the high school level:
(1) The student-to-education technician ratio is 250:1;
(2) The student-to-guidance staff ratio is 250:1;
(3) The student-to-librarian ratio is 800:1;
(4) The student-to-media assistant ratio is 500:1;
(5) The student-to-health staff ratio is 800:1;
(6) The student-to-school administrative staff ratio is 315:1; and
(7) The student-to-clerical staff ratio is 200:1.
[2003, c. 504, Pt. A, §6 (new).]
[2003, c. 504, Pt. A, §6 (new).]
3. Number of staff positions required. The commissioner shall identify for each school administrative unit, using the pupil count arrived at under section 15674,
subsection 1, paragraph C, subparagraph (1), the number of staff positions that are required in order to achieve the student-to-staff
ratios set forth in subsection 2.
[2003, c. 504, Pt. A, §6 (new).]
4. Estimated salary costs. The commissioner shall determine the estimated salary costs for the number of staff positions required under subsection
3. In order to calculate this amount, the commissioner, where appropriate, shall use the salary matrix pursuant to section
15677 for all staff positions in each category.
[2003, c. 504, Pt. A, §6 (new).]
5. Salary costs for substitute teachers. The commissioner shall calculate the additional salary costs for substitute teachers for each school administrative unit
using the pupil count arrived at under section 15674, subsection 1, paragraph C, subparagraph (1). In order to calculate
this amount, the commissioner shall establish a per-pupil rate for the cost of a substitute teacher for 12 day.
[2003, c. 504, Pt. A, §6 (new).]
6. Total salary and benefit costs for staff. The total salary and benefit costs for staff is equal to the sum of:
A. The estimated salary costs determined pursuant to subsection 4;
[2003, c. 504, Pt. A, §6 (new).]
B. The amount, as determined by the commissioner, that equals the statewide percentage of estimated salary costs determined
pursuant to subsection 4 that represents the statewide benefit costs; and
[2003, c. 504, Pt. A, §6 (new).]
C. The substitute teacher salary costs determined pursuant to subsection 5.
[2003, c. 504, Pt. A, §6 (new).]
[2003, c. 504, Pt. A, §6 (new).]
Section History:
PL 2003,
Ch. 504,
§A6
(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 04333-0007
This page created on: 2005-10-01
Title 20-A - §15680. Per-pupil amounts not related to staffing
Title 20-A: EDUCATION
Part 7: SCHOOL FINANCE
Chapter 606-B: ESSENTIAL PROGRAMS AND SERVICES (HEADING: PL 2001, c. 660, @1 (new))
§15680. Per-pupil amounts not related to staffing
1. Additional cost components. The commissioner shall calculate one set of per-pupil amounts for each of the following cost categories to be applied to
the elementary school level and middle school level and shall calculate another set of per-pupil amounts for each of the following
cost categories to be applied to the high school level:
A. System administration. The per-pupil amount for "system administration" is the actual system administration expenditures,
as defined in the State's accounting handbook for local school systems, for the most recent year available excluding expenditures
for leases and the purchase of land and buildings, less revenues to system administration for services to other governments
and refunds from a statewide school management association, divided by the average October and April enrollment counts for
that fiscal year and then inflated to an estimated allocation year level by a 10-year average increase in the Consumer Price
Index or other comparable index;
[2003, c. 504, Pt. A, §6 (new).]
B. Operation and maintenance of plant. The per-pupil amount for "operation and maintenance of plant" is the actual operation
and maintenance of plant expenditures, as defined in the State's accounting handbook for local school systems, for the most
recent year available excluding expenditures for leases and the purchase of land and buildings, divided by the average October
and April enrollment counts for that fiscal year and then inflated to an estimated allocation year level by a 10-year average
increase in the Consumer Price Index or other comparable index;
[2003, c. 504, Pt. A, §6 (new).]
C. Supplies and equipment;
[2003, c. 504, Pt. A, §6 (new).]
D. Cocurricular and extracurricular activities;
[2003, c. 504, Pt. A, §6 (new).]
E. Professional development; and
[2003, c. 504, Pt. A, §6 (new).]
F. Instructional leadership support.
[2003, c. 504, Pt. A, §6 (new).]
[2003, c. 504, Pt. A, §6 (new).]
2. Fiscal year 2005-06. For fiscal year 2005-06, the commissioner shall submit the per-pupil amounts for additional cost components under subsection
1 to the state board for approval.
[2003, c. 504, Pt. A, §6 (new).]
3. Fiscal year 2006-07 and beyond. For fiscal year 2006-07 and for each subsequent year, the commissioner shall recalculate the per-pupil amounts for additional
cost components under subsection 1 using the amounts approved by the state board under subsection 2 as a base and appropriate
trends in the Consumer Price Index or other comparable index.
[2003, c. 504, Pt. A, §6 (new).]
4. Review; approval. Beginning in fiscal year 2006-07, and at least every 2 years thereafter, the commissioner, using information provided by
a statewide education policy research institute, shall review the essential programs and services components under this Act
and shall submit any recommended changes to the state board for approval.
[2003, c. 504, Pt. A, §6 (new).]
Section History:
PL 2003,
Ch. 504,
§A6
(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 04333-0007
This page created on: 2005-10-01
Title 20-A - §15681-A. Other subsidizable costs
Title 20-A: EDUCATION
Part 7: SCHOOL FINANCE
Chapter 606-B: ESSENTIAL PROGRAMS AND SERVICES (HEADING: PL 2001, c. 660, @1 (new))
§15681-A. Other subsidizable costs
The following are other subsidizable costs:
[2005, c. 2, Pt. D, §44 (new); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
1. Bus purchases. Bus purchase costs;
[2005, c. 2, Pt. D, §44 (new); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
2. Special education costs. Beginning in fiscal year 2005-06, a school administrative unit receives an additional weight of at least 1.20 but not greater
than 1.40 for each special education student identified on the annual December 1st child count as required by the federal
Individuals with Disabilities Education Act for the most recent year, up to a maximum of 15% of the school administrative
unit's resident pupils as determined under section 15674, subsection 1, paragraph C, subparagraph (1). For those school administrative
units in which the annual December 1st child count for the most recent year is less than 15% of the school administrative
unit's resident pupils as determined under section 15674, subsection 1, paragraph C, subparagraph (1), the special education
child count percentage may not increase more than 0.5% in any given year, up to a maximum of 1.0% in any given 3-year period.
For each special education student above the 15% maximum, the unit receives an additional weight of .38. In addition, each
school administrative unit must receive additional funds:
A. For lower staff-student ratios and expenditures for related services for school administrative units with fewer than 20
special education students identified on the annual December 1st child count as required by the federal Individuals with Disabilities
Education Act for the most recent year;
[2005, c. 2, Pt. D, §44 (new); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
B. For high-cost in-district special education placements. Additional funds must be allocated for each student estimated to
cost 3 times the statewide special education EPS per-pupil rate. The additional funds for each student must equal the amount
by which that student's estimated costs exceed 3 times the statewide special education EPS per-pupil rate;
[2005, c. 2, Pt. D, §44 (new); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
C. For high-cost out-of-district special education placements. Additional funds must be allocated for each student estimated
to cost 4 times the statewide special education EPS per-pupil rate. The additional funds for each student must equal the
amount by which that student's estimated costs exceed 4 times the statewide special education EPS per-pupil rate; and
[2005, c. 2, Pt. D, §44 (new); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
D. To ensure the school administrative unit meets the federal maintenance of effort requirement for receiving federal Individuals
with Disabilities Education Act funds.
[2005, c. 2, Pt. D, §44 (new); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
The commissioner shall develop an appeals procedure for calculated special education costs for school administrative units;
[2005, c. 2, Pt. D, §44 (new); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
3. Transportation costs. For fiscal year 2005-06, the commissioner, using information provided by a statewide education policy research institute,
shall establish a per-pupil transportation cost for each school administrative unit based on an analysis of the most recent
year's reported transportation expenditures and a predicted per-pupil transportation cost based on the number of resident
pupils, the number of miles of Class 1 to Class 5 roads in the school administrative unit and any approved adjustments. In
fiscal year 2005-06 the established per-pupil transportation cost for each school administrative unit is the most recent year's
reported transportation expenditures or predicted per-pupil transportation cost, plus 10%, whichever is lower. Beginning in
fiscal year 2006-07, and for each subsequent fiscal year, the per-pupil transportation costs for each school administrative
unit are its established costs for the most recent year adjusted by the Consumer Price Index or other comparable index. For
fiscal years 2005-06 and 2006-07, in no case may the per-pupil transportation costs for a school administrative unit be less
than 75% of the established costs for the most recent fiscal year, except that for fiscal year 2005-06 only the per-pupil
transportation costs for a school administrative district or a community school district that has more than 1,250 resident
pupils in the school district may not be less than 90% of the established costs for the most recent fiscal year. Every 3
years, the commissioner, using information provided by a statewide education policy research institute, shall examine and
may adjust reported transportation expenditures and predicted transportation costs. The commissioner shall develop an appeals
procedure for established per-pupil transportation costs for school administrative units;
[2005, c. 12, Pt. UU, §3 (amd); §§12, 13 (aff); Pt. WW, §18 (aff).]
4. Career and technical education costs. Career and technical education costs in the base year adjusted to the year prior to the allocation year; and
[2005, c. 2, Pt. D, §44 (new); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff); c. 397, Pt. D, §3 (rev).]
5. Gifted and talented education costs. Gifted and talented education costs in the base year adjusted to the year prior to the allocation year.
[2005, c. 2, Pt. D, §44 (new); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
Section History:
PL 2005,
Ch. 2,
§D44
(NEW).
PL 2005,
Ch. 2,
§D72,74
(AFF).
PL 2005,
Ch. 12,
§UU12,13,WW18
(AFF).
PL 2005,
Ch. 12,
§UU3
(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 04333-0007
This page created on: 2005-10-01
Title 20-A - §15681. Targeted funds
Title 20-A: EDUCATION
Part 7: SCHOOL FINANCE
Chapter 606-B: ESSENTIAL PROGRAMS AND SERVICES (HEADING: PL 2001, c. 660, @1 (new))
§15681. Targeted funds
1. Eligibility. In order for a school administrative unit to receive targeted funds under this section, the school administrative unit must
meet the following eligibility criteria.
A. To receive targeted student assessment funds calculated pursuant to subsection 2, a school administrative unit must be in
compliance with applicable state statutes and department rules regarding local assessment systems for the system of learning
results established in section 6209 and be in compliance with applicable federal statutes and regulations pertaining to student
assessment as required by the federal No Child Left Behind Act of 2001, 20 United States Code, Chapter 70.
[2003, c. 504, Pt. A, §6 (new).]
B. To receive targeted technology resource funds calculated pursuant to subsection 3, a school administrative unit must be in
compliance with the technology components of the unit's comprehensive education plan as required under section 4502, subsection
1.
[2003, c. 504, Pt. A, §6 (new).]
C. To receive targeted kindergarten to grade 2 funds calculated pursuant to subsection 4, the school administrative unit must
be in compliance with any applicable reporting requirements for local early childhood programs. Any program must be in compliance
with chapter 203, subchapter 2.
[2005, c. 12, Pt. D, §2 (amd).]
[2005, c. 12, Pt. D, §2 (amd).]
2. Targeted student assessment funds. For targeted student assessment funds, the commissioner shall calculate one amount that may be made available to the elementary
school level and middle school level and another amount that may be made available to the high school level in accordance
with the following.
A. For fiscal year 2005-06, the commissioner shall establish a per-pupil amount for targeted student assessment funds.
[2003, c. 504, Pt. A, §6 (new).]
B. For fiscal year 2006-07 and each subsequent year, the commissioner shall recalculate the per-pupil amount by using the amount
calculated under paragraph A as a base and appropriate trends in the Consumer Price Index or other comparable index.
[2003, c. 504, Pt. A, §6 (new).]
[2003, c. 504, Pt. A, §6 (new).]
3. Targeted technology resource funds. For targeted technology resource funds, the commissioner shall calculate one amount that may be made available to the elementary
school level and middle school level and another amount that may be made available to the high school level in accordance
with the following.
A. For fiscal year 2005-06, the commissioner shall establish a per-pupil amount for targeted technology resource funds.
[2003, c. 504, Pt. A, §6 (new).]
B. For fiscal year 2006-07 and each subsequent year, the commissioner shall recalculate the per-pupil amount by using the amount
calculated under paragraph A as a base and appropriate trends in the Consumer Price Index or other comparable index.
[2003, c. 504, Pt. A, §6 (new).]
[2003, c. 504, Pt. A, §6 (new).]
4. Kindergarten to grade 2 funds. For targeted kindergarten to grade 2 funds, the commissioner shall calculate the amount that may be made available to eligible
school administrative units as follows.
A. For fiscal year 2005-06, the amount equals the product of the per-pupil guarantee calculated pursuant to section 15676 multiplied
by the additional weight calculated pursuant to section 15675, subsection 3.
[2003, c. 504, Pt. A, §6 (new).]
B. For fiscal year 2006-07 and each subsequent year, the commissioner shall recalculate the amount by using the amount calculated
under paragraph A as a base and appropriate trends in the Consumer Price Index or other comparable index.
[2003, c. 504, Pt. A, §6 (new).]
[2003, c. 504, Pt. A, §6 (new).]
5. Review; approval. Beginning in fiscal year 2006-07, and at least every 2 years thereafter, the commissioner, using information provided by
a statewide education policy research institute, shall review the targeted amounts under this section and shall submit any
recommended changes to the state board for approval.
[2003, c. 504, Pt. A, §6 (new).]
20-A §15681
Short title
(REPEALED by PL 2005, c. 2, Pt. D, §43 (rp); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff))
Section History:
IB 2003,
Ch. 2,
§1
(NEW).
PL 2003,
Ch. 504,
§A6
(NEW).
PL 2005,
Ch. 2,
§D43
(RP ).
PL 2005,
Ch. 2,
§D72,74
(AFF).
PL 2005,
Ch. 12,
§D2
(AMD).
PL 2005,
Ch. 12,
§WW18
(AFF).
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
This page created on: 2005-10-01
Title 20-A: EDUCATION
Part 7: SCHOOL FINANCE
Chapter 606-C: SCHOOL FINANCE ACT OF 2003 (HEADING: IB 2003, c. 2, @1 (new); 2005, c. 2, Pt. D, @42 (rp))
§15681. Targeted funds
1. Eligibility. In order for a school administrative unit to receive targeted funds under this section, the school administrative unit must
meet the following eligibility criteria.
A. To receive targeted student assessment funds calculated pursuant to subsection 2, a school administrative unit must be in
compliance with applicable state statutes and department rules regarding local assessment systems for the system of learning
results established in section 6209 and be in compliance with applicable federal statutes and regulations pertaining to student
assessment as required by the federal No Child Left Behind Act of 2001, 20 United States Code, Chapter 70.
[2003, c. 504, Pt. A, §6 (new).]
B. To receive targeted technology resource funds calculated pursuant to subsection 3, a school administrative unit must be in
compliance with the technology components of the unit's comprehensive education plan as required under section 4502, subsection
1.
[2003, c. 504, Pt. A, §6 (new).]
C. To receive targeted kindergarten to grade 2 funds calculated pursuant to subsection 4, the school administrative unit must
be in compliance with any applicable reporting requirements for local early childhood programs. Any program must be in compliance
with chapter 203, subchapter 2.
[2005, c. 12, Pt. D, §2 (amd).]
[2005, c. 12, Pt. D, §2 (amd).]
2. Targeted student assessment funds. For targeted student assessment funds, the commissioner shall calculate one amount that may be made available to the elementary
school level and middle school level and another amount that may be made available to the high school level in accordance
with the following.
A. For fiscal year 2005-06, the commissioner shall establish a per-pupil amount for targeted student assessment funds.
[2003, c. 504, Pt. A, §6 (new).]
B. For fiscal year 2006-07 and each subsequent year, the commissioner shall recalculate the per-pupil amount by using the amount
calculated under paragraph A as a base and appropriate trends in the Consumer Price Index or other comparable index.
[2003, c. 504, Pt. A, §6 (new).]
[2003, c. 504, Pt. A, §6 (new).]
3. Targeted technology resource funds. For targeted technology resource funds, the commissioner shall calculate one amount that may be made available to the elementary
school level and middle school level and another amount that may be made available to the high school level in accordance
with the following.
A. For fiscal year 2005-06, the commissioner shall establish a per-pupil amount for targeted technology resource funds.
[2003, c. 504, Pt. A, §6 (new).]
B. For fiscal year 2006-07 and each subsequent year, the commissioner shall recalculate the per-pupil amount by using the amount
calculated under paragraph A as a base and appropriate trends in the Consumer Price Index or other comparable index.
[2003, c. 504, Pt. A, §6 (new).]
[2003, c. 504, Pt. A, §6 (new).]
4. Kindergarten to grade 2 funds. For targeted kindergarten to grade 2 funds, the commissioner shall calculate the amount that may be made available to eligible
school administrative units as follows.
A. For fiscal year 2005-06, the amount equals the product of the per-pupil guarantee calculated pursuant to section 15676 multiplied
by the additional weight calculated pursuant to section 15675, subsection 3.
[2003, c. 504, Pt. A, §6 (new).]
B. For fiscal year 2006-07 and each subsequent year, the commissioner shall recalculate the amount by using the amount calculated
under paragraph A as a base and appropriate trends in the Consumer Price Index or other comparable index.
[2003, c. 504, Pt. A, §6 (new).]
[2003, c. 504, Pt. A, §6 (new).]
5. Review; approval. Beginning in fiscal year 2006-07, and at least every 2 years thereafter, the commissioner, using information provided by
a statewide education policy research institute, shall review the targeted amounts under this section and shall submit any
recommended changes to the state board for approval.
[2003, c. 504, Pt. A, §6 (new).]
20-A §15681
Short title
(REPEALED by PL 2005, c. 2, Pt. D, §43 (rp); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff))
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
This page created on: 2005-10-01
Title 20-A - §15682. Regional adjustment
Title 20-A: EDUCATION
Part 7: SCHOOL FINANCE
Chapter 606-B: ESSENTIAL PROGRAMS AND SERVICES (HEADING: PL 2001, c. 660, @1 (new))
§15682. Regional adjustment
The commissioner shall make a regional adjustment in the total operating allocation for each school administrative unit determined
pursuant to section 15683. The regional adjustment must be based on the regional differences in teacher salary costs within
labor market areas in the State, as computed by a statewide education policy research institute, and must be applied only
to appropriate teacher salary and benefits costs as calculated under section 15678 and salary and benefit costs of other school-level
staff who are not teachers as calculated under section 15679. Beginning in fiscal year 2006-07, and at least every 2 years
thereafter, the commissioner, using information provided by a statewide education policy research institute, shall review
the regional adjustment amounts under this section and shall submit any recommended changes to the state board for approval.
[2005, c. 2, Pt. D, §46 (amd); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
p align="center">20-A §15682
p align="center">Mandated legislative appropriations for kindergarten to grade 12 education
p align="center">(REPEALED by PL 2005, c. 2, Pt. D, §45 (rp); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff))
Section History:
IB 2003,
Ch. 2,
§1
(NEW).
PL 2003,
Ch. 504,
§A6
(NEW).
PL 2005,
Ch. 2,
§D45
(RP ).
PL 2005,
Ch. 2,
§D46
(AMD).
PL 2005,
Ch. 2,
§D72,74
(AFF).
PL 2005,
Ch. 12,
§WW18
(AFF).
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
This page created on: 2005-10-01
Title 20-A: EDUCATION
Part 7: SCHOOL FINANCE
Chapter 606-C: SCHOOL FINANCE ACT OF 2003 (HEADING: IB 2003, c. 2, @1 (new); 2005, c. 2, Pt. D, @42 (rp))
§15682. Regional adjustment
The commissioner shall make a regional adjustment in the total operating allocation for each school administrative unit determined
pursuant to section 15683. The regional adjustment must be based on the regional differences in teacher salary costs within
labor market areas in the State, as computed by a statewide education policy research institute, and must be applied only
to appropriate teacher salary and benefits costs as calculated under section 15678 and salary and benefit costs of other school-level
staff who are not teachers as calculated under section 15679. Beginning in fiscal year 2006-07, and at least every 2 years
thereafter, the commissioner, using information provided by a statewide education policy research institute, shall review
the regional adjustment amounts under this section and shall submit any recommended changes to the state board for approval.
[2005, c. 2, Pt. D, §46 (amd); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
p align="center">20-A §15682
p align="center">Mandated legislative appropriations for kindergarten to grade 12 education
p align="center">(REPEALED by PL 2005, c. 2, Pt. D, §45 (rp); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff))
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
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Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 20-A - §15683-A. Total debt service allocation
Title 20-A: EDUCATION
Part 7: SCHOOL FINANCE
Chapter 606-B: ESSENTIAL PROGRAMS AND SERVICES (HEADING: PL 2001, c. 660, @1 (new))
§15683-A. Total debt service allocation
For each school administrative unit, that unit's total debt service allocation is that unit's debt service costs as defined
in section 15672, subsection 2-A.
[2005, c. 2, Pt. D, §49 (new); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
Section History:
PL 2005,
Ch. 2,
§D49
(NEW).
PL 2005,
Ch. 2,
§D72,74
(AFF).
PL 2005,
Ch. 12,
§WW18
(AFF).
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
This page created on: 2005-10-01
Title 20-A - §15683. Total operating allocation
Title 20-A: EDUCATION
Part 7: SCHOOL FINANCE
Chapter 606-B: ESSENTIAL PROGRAMS AND SERVICES (HEADING: PL 2001, c. 660, @1 (new))
§15683. Total operating allocation
For each school administrative unit, that unit's total operating allocation is the base total set forth in subsection 1 as
adjusted in accordance with subsection 2 and including the total amount of other subsidizable costs as described in section
15681-A.
[2005, c. 2, Pt. D, §47 (amd); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
1. Base total. The base total of a school administrative unit's total operating allocation is the sum of:
A. The product of the school administrative unit's kindergarten to grade 8 EPS per-pupil rate multiplied by the total of the
kindergarten to grade 8 portions of the following pupil counts:
(1) The pupil count set forth in section 15674, subsection 1, paragraph C;
(2) The additional weight for limited English proficiency students calculated pursuant to section 15675, subsection 1; and
(3) The additional weight for economically disadvantaged students calculated pursuant to section 15675, subsection 2;
[2005, c. 2, Pt. D, §47 (amd); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
B. The product of the school administrative unit's grade 9 to 12 EPS per-pupil rate multiplied by the total of the grade 9 to
12 portion of the following pupil counts:
(1) The pupil count set forth in section 15674, subsection 1, paragraphs A, B and C;
(2) The additional weight for limited English proficiency students calculated pursuant to section 15675, subsection 1; and
(3) The additional weight for economically disadvantaged students calculated pursuant to section 15675, subsection 2;
[2005, c. 2, Pt. D, §47 (amd); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
C. If the school administrative unit is eligible for targeted student assessment funds pursuant to section 15681, subsection
1, the sum of:
(1) The product of the elementary school level and middle school level per-pupil amount for targeted student assessment funds
calculated pursuant to section 15681, subsection 2 multiplied by the kindergarten to grade 8 portion of the pupil count calculated
pursuant to section 15674, subsection 1, paragraph C, subparagraph (1); and
(2) The product of the high school level per-pupil amount for targeted student assessment funds calculated pursuant to section
15681, subsection 2 multiplied by the grade 9 to 12 portion of the pupil count calculated pursuant to section 15674, subsection
1, paragraph C, subparagraph (1);
[2003, c. 504, Pt. A, §6 (new).]
D. If the school administrative unit is eligible for targeted technology resource funds pursuant to section 15681, subsection
1, the sum of:
(1) The product of the elementary school level and middle school level per-pupil amount for targeted technology resource
funds calculated pursuant to section 15681, subsection 3 multiplied by the kindergarten to grade 8 portion of the pupil count
calculated pursuant to section 15674, subsection 1, paragraph C, subparagraph (1); and
(2) The product of the high school level per-pupil amount for targeted technology resource funds calculated pursuant of section
15681, subsection 3 multiplied by the grade 9 to 12 portion of the pupil count calculated pursuant to section 15674, subsection
1, paragraph C, subparagraph (1);
[2005, c. 2, Pt. D, §47 (amd); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
E. If the school administrative unit is eligible for targeted kindergarten to grade 2 funds pursuant to section 15681, subsection
1, the product of the EPS per-pupil rate multiplied by the additional weight for kindergarten to grade 2 calculated pursuant
to section 15675, subsection 3; and
[2005, c. 2, Pt. D, §47 (amd); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
F. An isolated small unit adjustment. A school administrative unit is eligible for an isolated small school adjustment when
the unit meets the size and distance criteria as established by the commissioner and approved by the state board. The amount
of the adjustment is the result of adjusting the necessary student-to-staff ratios determined in section 15679, subsection
2, the per-pupil amount for operation and maintenance of plant in section 15680, subsection 1, paragraph B or other essential
programs and services components in chapter 606-B, as recommended by the commissioner.
[2005, c. 2, Pt. D, §47 (new); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
[2005, c. 2, Pt. D, §47 (amd); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
2. Adjustments. The base total calculated pursuant to subsection 1 must be adjusted by multiplying it by the appropriate transition percentage
in accordance with section 15671, subsection 7, paragraph A.
A.
[2005, c. 2, Pt. D, §47 (rp); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
B.
[2005, c. 2, Pt. D, §47 (rp); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
C.
[2005, c. 2, Pt. D, §47 (rp); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
[2005, c. 2, Pt. D, §47 (amd); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
20-A §15683
Mandated legislative appropriations for special education
(REPEALED by PL 2005, c. 2, Pt. D, §48 (rp); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff))
Section History:
IB 2003,
Ch. 2,
§1
(NEW).
PL 2003,
Ch. 504,
§A6
(NEW).
PL 2003,
Ch. 712,
§14
(AMD).
PL 2005,
Ch. 2,
§D47
(AMD).
PL 2005,
Ch. 2,
§D48
(RP ).
PL 2005,
Ch. 2,
§D72,74
(AFF).
PL 2005,
Ch. 12,
§WW18
(AFF).
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
This page created on: 2005-10-01
Title 20-A: EDUCATION
Part 7: SCHOOL FINANCE
Chapter 606-C: SCHOOL FINANCE ACT OF 2003 (HEADING: IB 2003, c. 2, @1 (new); 2005, c. 2, Pt. D, @42 (rp))
§15683. Total operating allocation
For each school administrative unit, that unit's total operating allocation is the base total set forth in subsection 1 as
adjusted in accordance with subsection 2 and including the total amount of other subsidizable costs as described in section
15681-A.
[2005, c. 2, Pt. D, §47 (amd); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
1. Base total. The base total of a school administrative unit's total operating allocation is the sum of:
A. The product of the school administrative unit's kindergarten to grade 8 EPS per-pupil rate multiplied by the total of the
kindergarten to grade 8 portions of the following pupil counts:
(1) The pupil count set forth in section 15674, subsection 1, paragraph C;
(2) The additional weight for limited English proficiency students calculated pursuant to section 15675, subsection 1; and
(3) The additional weight for economically disadvantaged students calculated pursuant to section 15675, subsection 2;
[2005, c. 2, Pt. D, §47 (amd); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
B. The product of the school administrative unit's grade 9 to 12 EPS per-pupil rate multiplied by the total of the grade 9 to
12 portion of the following pupil counts:
(1) The pupil count set forth in section 15674, subsection 1, paragraphs A, B and C;
(2) The additional weight for limited English proficiency students calculated pursuant to section 15675, subsection 1; and
(3) The additional weight for economically disadvantaged students calculated pursuant to section 15675, subsection 2;
[2005, c. 2, Pt. D, §47 (amd); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
C. If the school administrative unit is eligible for targeted student assessment funds pursuant to section 15681, subsection
1, the sum of:
(1) The product of the elementary school level and middle school level per-pupil amount for targeted student assessment funds
calculated pursuant to section 15681, subsection 2 multiplied by the kindergarten to grade 8 portion of the pupil count calculated
pursuant to section 15674, subsection 1, paragraph C, subparagraph (1); and
(2) The product of the high school level per-pupil amount for targeted student assessment funds calculated pursuant to section
15681, subsection 2 multiplied by the grade 9 to 12 portion of the pupil count calculated pursuant to section 15674, subsection
1, paragraph C, subparagraph (1);
[2003, c. 504, Pt. A, §6 (new).]
D. If the school administrative unit is eligible for targeted technology resource funds pursuant to section 15681, subsection
1, the sum of:
(1) The product of the elementary school level and middle school level per-pupil amount for targeted technology resource
funds calculated pursuant to section 15681, subsection 3 multiplied by the kindergarten to grade 8 portion of the pupil count
calculated pursuant to section 15674, subsection 1, paragraph C, subparagraph (1); and
(2) The product of the high school level per-pupil amount for targeted technology resource funds calculated pursuant of section
15681, subsection 3 multiplied by the grade 9 to 12 portion of the pupil count calculated pursuant to section 15674, subsection
1, paragraph C, subparagraph (1);
[2005, c. 2, Pt. D, §47 (amd); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
E. If the school administrative unit is eligible for targeted kindergarten to grade 2 funds pursuant to section 15681, subsection
1, the product of the EPS per-pupil rate multiplied by the additional weight for kindergarten to grade 2 calculated pursuant
to section 15675, subsection 3; and
[2005, c. 2, Pt. D, §47 (amd); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
F. An isolated small unit adjustment. A school administrative unit is eligible for an isolated small school adjustment when
the unit meets the size and distance criteria as established by the commissioner and approved by the state board. The amount
of the adjustment is the result of adjusting the necessary student-to-staff ratios determined in section 15679, subsection
2, the per-pupil amount for operation and maintenance of plant in section 15680, subsection 1, paragraph B or other essential
programs and services components in chapter 606-B, as recommended by the commissioner.
[2005, c. 2, Pt. D, §47 (new); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
[2005, c. 2, Pt. D, §47 (amd); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
2. Adjustments. The base total calculated pursuant to subsection 1 must be adjusted by multiplying it by the appropriate transition percentage
in accordance with section 15671, subsection 7, paragraph A.
A.
[2005, c. 2, Pt. D, §47 (rp); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
B.
[2005, c. 2, Pt. D, §47 (rp); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
C.
[2005, c. 2, Pt. D, §47 (rp); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
[2005, c. 2, Pt. D, §47 (amd); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
20-A §15683
Mandated legislative appropriations for special education
(REPEALED by PL 2005, c. 2, Pt. D, §48 (rp); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff))
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
This page created on: 2005-10-01
Title 20-A - §15684. School administrative unit contributions to total operating allocation (REPEALED)
Title 20-A: EDUCATION
Part 7: SCHOOL FINANCE
Chapter 606-B: ESSENTIAL PROGRAMS AND SERVICES (HEADING: PL 2001, c. 660, @1 (new))
§15684. School administrative unit contributions to total operating allocation (REPEALED)
p align="center">20-A §15684
p align="center">Fund for the Efficient Delivery of
p align="center">Educational Services
p align="center">(REPEALED)
Section History:
IB 2003,
Ch. 2,
§1
(NEW).
PL 2003,
Ch. 504,
§A6
(NEW).
PL 2003,
Ch. 712,
§15
(AMD).
PL 2005,
Ch. 2,
§D50
(RP ).
PL 2005,
Ch. 2,
§D72,74
(AFF).
PL 2005,
Ch. 12,
§WW18
(AFF).
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
This page created on: 2005-10-01
Title 20-A: EDUCATION
Part 7: SCHOOL FINANCE
Chapter 606-C: SCHOOL FINANCE ACT OF 2003 (HEADING: IB 2003, c. 2, @1 (new); 2005, c. 2, Pt. D, @42 (rp))
§15684. School administrative unit contributions to total operating allocation (REPEALED)
p align="center">20-A §15684
p align="center">Fund for the Efficient Delivery of
p align="center">Educational Services
p align="center">(REPEALED)
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
This page created on: 2005-10-01
Title 20-A - §15685. Weighted relative property fiscal capacity (REPEALED)
Title 20-A: EDUCATION
Part 7: SCHOOL FINANCE
Chapter 606-B: ESSENTIAL PROGRAMS AND SERVICES (HEADING: PL 2001, c. 660, @1 (new))
§15685. Weighted relative property fiscal capacity (REPEALED)
p align="center">20-A §15685
p align="center">Entitlement
p align="center">(REPEALED)
Section History:
IB 2003,
Ch. 2,
§1
(NEW).
PL 2003,
Ch. 504,
§A6
(NEW).
PL 2005,
Ch. 2,
§D51
(RP ).
PL 2005,
Ch. 2,
§D72,74
(AFF).
PL 2005,
Ch. 12,
§WW18
(AFF).
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
This page created on: 2005-10-01
Title 20-A: EDUCATION
Part 7: SCHOOL FINANCE
Chapter 606-C: SCHOOL FINANCE ACT OF 2003 (HEADING: IB 2003, c. 2, @1 (new); 2005, c. 2, Pt. D, @42 (rp))
§15685. Weighted relative property fiscal capacity (REPEALED)
p align="center">20-A §15685
p align="center">Entitlement
p align="center">(REPEALED)
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
This page created on: 2005-10-01
Title 20-A - §15686. Transition adjustment
Title 20-A: EDUCATION
Part 7: SCHOOL FINANCE
Chapter 606-B: ESSENTIAL PROGRAMS AND SERVICES (HEADING: PL 2001, c. 660, @1 (new))
§15686. Transition adjustment
For each of the fiscal years described in section 15671, subsection 7, the commissioner shall establish a transition adjustment
calculated to minimize the adverse fiscal impact that may be experienced by some municipalities as a result of the phase-in
of this Act. The transition adjustment for a municipality must be directly related to the phase-in of essential programs
and services and the local cost share expectation method under section 15671-A of determining the local contribution to the
cost of funding essential programs and services. The amount of this adjustment must decline with each successive fiscal year,
and the adjustments must end no later than fiscal year 2008-09.
[2005, c. 2, Pt. D, §52 (amd); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
1. Adjustment in fiscal year 2005-06. A school administrative unit is eligible for a transition adjustment in fiscal year 2005-06 according to the provisions
of this subsection.
A. A school administrative unit is eligible to receive a transition adjustment in fiscal year 2005-06 if the school administrative
unit's state share of the total allocation, including the debt service adjustment pursuant to section 15689, subsection 2,
and the minimum state share of its total allocation pursuant to section 15689, subsection 1 is less than the fiscal year 2004-05
state share of its total allocation, including the minimum state share of its total allocation pursuant to former section
15689, subsection 1 and the adjustment for geographic isolation pursuant to section 15612, subsection 2. The state share
adjustment is an amount equal to that difference less the losses due to reduced expenditures for buses, debt service, special
education, gifted and talented education and career and technical education.
(1) A school administrative unit that meets the criteria under this paragraph is eligible to receive no less than a 5% transition
adjustment in fiscal year 2005-06 if the school administrative unit operates an elementary or secondary school and also has
a student count of less than 1,000.
(2) A school administrative unit that meets the criteria under this paragraph is eligible to receive no less than a 2.5%
transition adjustment in fiscal year 2005-06 if the school administrative unit operates an elementary or secondary school
and also has a student count of 1,000 or more.
[2005, c. 12, Pt. UU, §4 (rpr); §§12, 13 (aff); Pt. WW, §18 (aff); c. 397, Pt. D, §3 (rev).]
B. A small school administrative unit is eligible to receive a transition adjustment in fiscal year 2005-06 if the school administrative
unit operates an elementary or secondary school, raises the maximum local cost share expectation pursuant to section 15671-A
and also has a student count of less than 500. A school administrative unit that meets these criteria is eligible to receive
86% instead of 84% of the base total calculated pursuant to section 15683, subsection 2 in fiscal year 2005-06.
[2005, c. 12, Pt. UU, §4 (new); §§12, 13 (aff); Pt. WW, §18 (aff).]
[2005, c. 12, Pt. UU, §4 (rpr); §§12, 13 (aff); Pt. WW, §18 (aff); c. 397, Pt. D, §3 (rev).]
Section History:
PL 2003,
Ch. 504,
§A6
(NEW).
PL 2003,
Ch. 712,
§16
(AMD).
PL 2005,
Ch. 2,
§D52
(AMD).
PL 2005,
Ch. 2,
§D72,74
(AFF).
PL 2005,
Ch. 12,
§UU12,13
(AFF).
PL 2005,
Ch. 12,
§UU4
(AMD).
PL 2005,
Ch. 12,
§WW18
(AFF).
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 04333-0007
This page created on: 2005-10-01
Title 20-A - §15687. Rules
Title 20-A: EDUCATION
Part 7: SCHOOL FINANCE
Chapter 606-B: ESSENTIAL PROGRAMS AND SERVICES (HEADING: PL 2001, c. 660, @1 (new))
§15687. Rules
The commissioner shall adopt rules to implement this Act. Rules adopted pursuant to this section are major substantive rules
as defined in Title 5, chapter 375, subchapter 2-A.
[2003, c. 504, Pt. A, §6 (new).]
Section History:
PL 2003,
Ch. 504,
§A6
(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 04333-0007
This page created on: 2005-10-01
Title 20-A - §15688. School administrative unit contribution to total cost of funding public education from kindergarten to grade 12
Title 20-A: EDUCATION
Part 7: SCHOOL FINANCE
Chapter 606-B: ESSENTIAL PROGRAMS AND SERVICES (HEADING: PL 2001, c. 660, @1 (new))
§15688. School administrative unit contribution to total cost of funding public education from kindergarten to grade 12
1. School administrative unit; total cost. For each school administrative unit, the commissioner shall annually determine the school administrative unit's total cost
of education. A school administrative unit's total cost of education must include:
A. The school administrative unit's base total calculated pursuant to section 15683, subsection 1, adjusted pursuant to the
transition targets described in section 15671, subsection 7, paragraph A;
[2005, c. 2, Pt. D, §53 (amd); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
B. The other subsidizable costs described in section 15681-A; and
[2005, c. 2, Pt. D, §53 (amd); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
C. The total debt service allocation described in section 15683-A.
[2005, c. 2, Pt. D, §53 (amd); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
[2005, c. 2, Pt. D, §53 (amd); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
2. Member municipalities in school administrative districts or community school districts; total costs. For each municipality that is a member of a school administrative district or community school district, the commissioner
shall annually determine each municipality's total cost of education. A municipality's total cost of education is the school
administrative district's or community school district's total cost of education multiplied by the percentage that the municipality's
most recent calendar year average pupil count is to the school administrative district's or community school district's most
recent calendar year average pupil count.
[2005, c. 2, Pt. D, §54 (amd); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
3. School administrative unit; contribution.
[2005, c. 2, Pt. D, §55 (rp); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
3-A. School administrative unit; contribution. For each school administrative unit, the commissioner shall annually determine the school administrative unit's required
contribution, the required contribution of each municipality that is a member of the unit, if the unit has more than one member,
and the State's contribution to the unit's total cost of education in accordance with the following.
A. For a school administrative unit composed of only one municipality, the contribution of the unit and the municipality is
the same and is the lesser of:
(1) The total cost described in subsection 1; and
(2) The total of the full-value education mill rate calculated in section 15671-A, subsection 2 multiplied by the property
fiscal capacity of the municipality.
[2005, c. 2, Pt. D, §56 (new); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
B. For a school administrative district or community school district composed of more than one municipality, each municipality's
contribution to the total cost of education is the lesser of:
(1) The municipality's total cost as described in subsection 2; and
(2) The total of the full-value education mill rate calculated in section 15671-A, subsection 2 multiplied by the property
fiscal capacity of the municipality.
[2005, c. 2, Pt. D, §56 (new); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
C. For a school administrative district or community school district composed of more than one municipality, the unit's contribution
to the total cost of education is the lesser of:
(1) The total cost as described in subsection 1; and
(2) The sum of the totals calculated for each member municipality pursuant to paragraph B, subparagraph (2).
[2005, c. 2, Pt. D, §56 (new); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
D. The state contribution to the school administrative unit's total cost of education is the total cost of education calculated
pursuant to subsection 1 less the school administrative unit's contribution calculated pursuant to paragraph A or C, as applicable.
The state contribution is subject to reduction in accordance with section 15690, subsection 1, paragraph C.
[2005, c. 2, Pt. D, §56 (new); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
[2005, c. 2, Pt. D, §56 (new); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
4. Method of cost sharing; exception. For the purpose of local cost sharing, the provisions of subsection 3-A do not apply to municipalities that are members
of a school administrative district or a community school district whose cost sharing formula was established pursuant to
private and special law prior to January 1, 2004. For each municipality that is a member of a school administrative district
or a community school district whose cost sharing formula was established pursuant to private and special law prior to January
1, 2004, the cost sharing formula established pursuant to private and special law determines each municipality's local cost
of education.
[2005, c. 2, Pt. D, §57 (amd); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
5. Effective date. This section takes effect July 1, 2005.
[2003, c. 712, §17 (new).]
Section History:
PL 2003,
Ch. 712,
§17
(NEW).
PL 2005,
Ch. 2,
§D53-57
(AMD).
PL 2005,
Ch. 2,
§D72,74
(AFF).
PL 2005,
Ch. 12,
§WW18
(AFF).
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
This page created on: 2005-10-01
Title 20-A - §15689-A. Authorization of payment of miscellaneous costs
Title 20-A: EDUCATION
Part 7: SCHOOL FINANCE
Chapter 606-B: ESSENTIAL PROGRAMS AND SERVICES (HEADING: PL 2001, c. 660, @1 (new))
§15689-A. Authorization of payment of miscellaneous costs
1. Payment of state agency client costs. State agency client costs are payable pursuant to this subsection. As used in this subsection, "state agency client" has
the same meaning as defined in section 1, subsection 34-A.
A. The commissioner shall approve special education costs and supportive services, including transportation, for all state
agency clients placed in residential placements by an authorized agent of a state agency.
[2005, c. 2, Pt. D, §61 (new); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
B. Special education costs authorized by this subsection for state agency clients must be paid by the department in the allocation
year at 100% of actual costs.
[2005, c. 2, Pt. D, §61 (new); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
C. The commissioner shall pay only approved special education costs and supportive services, including transportation, authorized
by this subsection for state agency clients and may not allocate for those special education costs and supportive services,
including transportation, incurred by the school administrative unit for state agency clients in the base years starting July
1, 1985, and every base year thereafter.
[2005, c. 2, Pt. D, §61 (new); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
D. Transportation costs for state agency clients, when provided in accordance with rules established by the commissioner under
section 7204, must be paid by the department in the allocation year at 100% of actual costs.
[2005, c. 2, Pt. D, §61 (new); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
[2005, c. 2, Pt. D, §61 (new); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
2. Education of institutional residents. The commissioner may pay tuition to school administrative units or private schools for institutional residents within the
limits of the allocation made under this section.
[2005, c. 2, Pt. D, §61 (new); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
3. Essential programs and services components contract. The commissioner may contract for the updating of the essential programs and services component with a statewide education
research institute.
[2005, c. 2, Pt. D, §61 (new); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
4. Learning results implementation, assessment and accountability. The commissioner may expend and disburse funds limited to the amount appropriated by the Legislature to carry out the purposes
of Public Law 1995, chapter 649, sections 5 and 8.
[2005, c. 2, Pt. D, §61 (new); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
5. Regionalization, consolidation and efficiency assistance. The commissioner may expend and disburse funds limited to the amount appropriated by the Legislature to carry out the purposes
of promoting regionalization, consolidation and efficiency.
[2005, c. 2, Pt. D, §61 (new); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
6. Education research contract. The commissioner may contract for the compilation and analysis of education data with a statewide education research institute.
[2005, c. 2, Pt. D, §61 (new); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
7. Disbursement limitations. The funds disbursed in accordance with this section are limited to the amounts appropriated by the Legislature for these
purposes.
[2005, c. 2, Pt. D, §61 (new); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
8. Laptop program. The commissioner may pay costs attributed to the contracted support services and annual payments for a program that provides
laptop computers to middle school students.
[2005, c. 12, Pt. D, §3 (new).]
9. Emergency bus loan. The commissioner may pay annual payments for an emergency bus loan.
[2005, c. 12, Pt. D, §3 (new).]
10. Data management and support services for essential programs and services. The commissioner may pay costs attributed to system maintenance and staff support necessary to implement the requirements
of the Essential Programs and Services Funding Act.
[2005, c. 12, Pt. D, §3 (new).]
Section History:
PL 2005,
Ch. 2,
§D61
(NEW).
PL 2005,
Ch. 2,
§D72,74
(AFF).
PL 2005,
Ch. 12,
§D3
(AMD).
PL 2005,
Ch. 12,
§WW18
(AFF).
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
This page created on: 2005-10-01
Title 20-A - §15689-B. Authorization and schedules of payment of state subsidy; appeals
Title 20-A: EDUCATION
Part 7: SCHOOL FINANCE
Chapter 606-B: ESSENTIAL PROGRAMS AND SERVICES (HEADING: PL 2001, c. 660, @1 (new))
§15689-B. Authorization and schedules of payment of state subsidy; appeals
1. Schedules of payment of unit allocation. The commissioner shall authorize state subsidy payments to the school administrative units to be made in accordance with
time schedules set forth in sections 15005, 15689-D and 15901 to 15910.
[2005, c. 2, Pt. D, §61 (new); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
2. Notification of allocation; commissioner's duty; superintendent's duty. The following provisions apply to notification of allocation by the commissioner and each superintendent.
A. The commissioner shall annually, prior to February 1st, notify each school board of the estimated amount to be allocated
to the school administrative unit.
[2005, c. 2, Pt. D, §61 (new); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
B. Each superintendent shall report to the municipal officers whenever the school administrative unit is notified of the allocation
or a change is made in the allocation resulting from an adjustment.
[2005, c. 2, Pt. D, §61 (new); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
[2005, c. 2, Pt. D, §61 (new); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
3. Payments of state subsidy to unit's treasurer; basis. State subsidy payments must be made directly to the treasurer of each school administrative unit. The payments must be based
on audited financial reports submitted by school administrative units.
[2005, c. 2, Pt. D, §61 (new); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
4. Appeals. A school board may appeal the computation of state subsidy for the school administrative unit to the state board in writing
within 30 days of the date of notification of the computed amount. The state board shall review the appeal and make an adjustment
if in its judgment an adjustment is justified. The state board's decision is final as to facts supported by the record of
the appeal.
[2005, c. 2, Pt. D, §61 (new); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
5. School purpose expense requirement. Notwithstanding any other law, money allocated for school purposes may be expended only for school purposes.
[2005, c. 2, Pt. D, §61 (new); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
6. Balance of allocations. Notwithstanding any other law, general operating fund balances at the end of a school administrative unit's fiscal year must
be carried forward to meet the unit's needs in the next year or over a period not to exceed 3 years. Unallocated balances
in excess of 3% of the previous fiscal year's school budget must be used to reduce the state and local share of the total
allocation for the purpose of computing state subsidy. School boards may carry forward unallocated balances in excess of
3% of the previous year's school budget and disburse these funds in the next year or over a period not to exceed 3 years.
[2005, c. 2, Pt. D, §61 (new); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
7. Required data; subsidy payments withheld. A school administrative unit shall provide the commissioner with information that the commissioner requests to carry out
the purposes of this chapter, according to time schedules that the commissioner establishes. The commissioner may withhold
monthly subsidy payments from a school administrative unit when information is not filed in the specified format and with
specific content and within the specified time schedules.
[2005, c. 2, Pt. D, §61 (new); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
8. Unobligated balances. Unobligated balances from amounts appropriated for general purpose aid for local schools may not lapse but must be carried
forward to the next fiscal year.
[2005, c. 2, Pt. D, §61 (new); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
Section History:
PL 2005,
Ch. 2,
§D61
(NEW).
PL 2005,
Ch. 2,
§D72,74
(AFF).
PL 2005,
Ch. 12,
§WW18
(AFF).
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
This page created on: 2005-10-01
Title 20-A - §15689-C. Commissioner's recommendation for funding levels; computations
Title 20-A: EDUCATION
Part 7: SCHOOL FINANCE
Chapter 606-B: ESSENTIAL PROGRAMS AND SERVICES (HEADING: PL 2001, c. 660, @1 (new))
§15689-C. Commissioner's recommendation for funding levels; computations
1. Annual recommendation. Prior to December 15th of each year, the commissioner, with the approval of the state board, shall recommend to the Governor
and the Department of Administrative and Financial Services, Bureau of the Budget the funding levels that the commissioner
recommends for the purposes of this chapter.
[2005, c. 2, Pt. D, §61 (new); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
2. Funding level computations. The following are the funding level computations that support the commissioner's funding level recommendations:
A. The requested funding levels for the operating allocation under section 15683;
[2005, c. 2, Pt. D, §61 (new); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
B. The requested funding levels for debt service under section 15683-A, which are as follows:
(1) The known obligations and estimates of anticipated principal and interest costs for the allocation year;
(2) The expenditures for the insured value factor for the base year;
(3) The level of lease payments and lease-purchase payments pursuant to section 15672, subsection 2-A for the year prior
to the allocation year; and
(4) Funds allocated by the state board for new school construction projects funded in the current fiscal year;
[2005, c. 2, Pt. D, §61 (new); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
C. The requested funding levels for adjustments under section 15689, which must be computed by estimating costs for the allocation
year; and
[2005, c. 2, Pt. D, §61 (new); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
D. The requested funding levels for miscellaneous costs under section 15689-A.
[2005, c. 2, Pt. D, §61 (new); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
[2005, c. 2, Pt. D, §61 (new); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
3. Guidelines for updating other subsidizable costs. The commissioner's recommendation for updating percentages to bring base year actual costs to the equivalent of one-year-old
costs may not exceed the average of the 2 most recent percentages of annual increase in the Consumer Price Index.
[2005, c. 2, Pt. D, §61 (new); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
Section History:
PL 2005,
Ch. 2,
§D61
(NEW).
PL 2005,
Ch. 2,
§D72,74
(AFF).
PL 2005,
Ch. 12,
§WW18
(AFF).
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
This page created on: 2005-10-01
Title 20-A - §15689-D. Governor's recommendation for funding levels
Title 20-A: EDUCATION
Part 7: SCHOOL FINANCE
Chapter 606-B: ESSENTIAL PROGRAMS AND SERVICES (HEADING: PL 2001, c. 660, @1 (new))
§15689-D. Governor's recommendation for funding levels
The Department of Administrative and Financial Services, Bureau of the Budget shall annually certify to the Legislature the
funding levels that the Governor recommends under sections 15683, 15683-A, 15689 and 15689-A. The Governor's recommendations
must be transmitted to the Legislature within the time schedules set forth in Title 5, section 1666.
[2005, c. 2, Pt. D, §61 (new); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
Section History:
PL 2005,
Ch. 2,
§D61
(NEW).
PL 2005,
Ch. 2,
§D72,74
(AFF).
PL 2005,
Ch. 12,
§WW18
(AFF).
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
This page created on: 2005-10-01
Title 20-A - §15689-E. Actions by Legislature
Title 20-A: EDUCATION
Part 7: SCHOOL FINANCE
Chapter 606-B: ESSENTIAL PROGRAMS AND SERVICES (HEADING: PL 2001, c. 660, @1 (new))
§15689-E. Actions by Legislature
The Legislature shall annually, prior to March 15th, enact legislation to:
[2005, c. 2, Pt. D, §61 (new); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
1. Appropriation for state share of adjustments, debt service and operating; single account. Appropriate the necessary funds for the State's share for general purpose aid for local schools with a separate amount for
each of the following components:
A. Adjustments and miscellaneous costs described in sections 15689 and 15689-A, including an appropriation for special education
pupils placed directly by the State, for:
(1) Tuition and board for pupils placed directly by the State in accordance with rules adopted or amended by the commissioner;
and
(2) Special education tuition and other tuition for residents of state-operated institutions attending programs in school
administrative units or private schools in accordance with rules adopted or amended by the commissioner; and
[2005, c. 2, Pt. D, §61 (new); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
B. The state share of the total operating allocation and the total debt service allocation described in sections 15683 and
15683-A; and
[2005, c. 2, Pt. D, §61 (new); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
[2005, c. 2, Pt. D, §61 (new); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
2. Local cost share expectation. Establish the local cost share expectation described in section 15671-A.
[2005, c. 2, Pt. D, §61 (new); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
div>
Funds for appropriations under this section must be placed in a single account.
[2005, c. 2, Pt. D, §61 (new); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
Section History:
PL 2005,
Ch. 2,
§D61
(NEW).
PL 2005,
Ch. 2,
§D72,74
(AFF).
PL 2005,
Ch. 12,
§WW18
(AFF).
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
This page created on: 2005-10-01
Title 20-A - §15689-F. Actions by department
Title 20-A: EDUCATION
Part 7: SCHOOL FINANCE
Chapter 606-B: ESSENTIAL PROGRAMS AND SERVICES (HEADING: PL 2001, c. 660, @1 (new))
§15689-F. Actions by department
Within the annual appropriations, the department shall follow the procedures described in this section.
[2005, c. 2, Pt. D, §61 (new); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
1. State's obligation. If the State's continued obligation for any program provided by one of the appropriated amounts under section 15689-E exceeds
the appropriated amount, any unexpended balance from another of those appropriated amounts may be applied by the commissioner
toward the obligation for that program.
[2005, c. 2, Pt. D, §61 (new); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
2. Cash flow. For the purpose of cash flow, the commissioner may pay the full state and local share of the payment amounts due on bond
issues for school construction from that school administrative unit's state subsidy, excluding payments on non-state-funded
projects. This subsection does not apply if a school administrative unit has less subsidy than the total principal and interest
payment on bonds.
[2005, c. 2, Pt. D, §61 (new); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
Section History:
PL 2005,
Ch. 2,
§D61
(NEW).
PL 2005,
Ch. 2,
§D72,74
(AFF).
PL 2005,
Ch. 12,
§WW18
(AFF).
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
This page created on: 2005-10-01
Title 20-A - §15689. Adjustments to state share of total allocation
Title 20-A: EDUCATION
Part 7: SCHOOL FINANCE
Chapter 606-B: ESSENTIAL PROGRAMS AND SERVICES (HEADING: PL 2001, c. 660, @1 (new))
§15689. Adjustments to state share of total allocation
Beginning July 1, 2005, adjustments to the state share of the total allocation must be made as set out in this section.
[2003, c. 712, §17 (new).]
1. Minimum state allocation. Each school administrative unit must be guaranteed a minimum state share of its total allocation that is an amount equal
to the greater of the following:
A. The sum of the following calculations:
(1) Multiplying 5% of each school administrative unit's essential programs and services per-pupil elementary rate by the
average number of resident kindergarten to grade 8 pupils as determined under section 15674, subsection 1, paragraph C, subparagraph
(1); and
(2) Multiplying 5% of each school administrative unit's essential programs and services per-pupil secondary rate by the
average number of resident grade 9 to grade 12 pupils as determined under section 15674, subsection 1, paragraph C, subparagraph
(1); and
[2005, c. 2, Pt. D, §58 (rpr); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
B. The school administrative unit's special education costs as calculated pursuant to section 15681-A, subsection 2 multiplied
by the following transition percentages:
(1) In fiscal year 2005-06, 84%;
(2) In fiscal year 2006-07, 84%;
(3) In fiscal year 2007-08, 95%; and
(4) In fiscal year 2008-09 and succeeding years, 100%.
[2005, c. 12, Pt. WW, §18 (aff); c. 457, Pt. I, §1 (amd).]
These funds must be an adjustment to the school administrative unit's state and local allocation after the state and local
allocation has been adjusted for debt service pursuant to subsection 2.
[2005, c. 12, Pt. WW, §18 (aff); c. 457, Pt. I, §1 (amd).]
2. Adjustment for debt service. Each school administrative unit may receive an adjustment for a debt service determined as follows.
A. A school administrative unit is eligible for this adjustment under the following conditions.
(1) The school administrative unit's local share results in a full-value education mill rate less than the local cost share
expectation as described in section 15671-A.
(2) The school administrative unit has debt service costs defined under section 15603, subsection 8 that have been placed
on the state board's priority list by January 2005.
[2003, c. 712, §17 (new).]
B. The amount of the adjustment is the difference, but not less than zero, between the state share of the total allocation
under this chapter and the amount computed as follows.
(1) The school administrative unit's state share of the total allocation if the local share was the sum of the following:
(a) The local share amount for the school administrative unit calculated as the lesser of the total allocation excluding
debt service costs and the school administrative unit's fiscal capacity multiplied by the mill rate expectation established
in section 15671-A less .50 mills; and
(b) The local share amount for the school administrative unit calculated as the lesser of the debt service costs and the
school administrative unit's fiscal capacity multiplied by .50 mills.
[2003, c. 712, §17 (new).]
[2003, c. 712, §17 (new).]
3. Adjustment limitations. The amounts of the adjustments paid to school administrative units or municipalities pursuant to this section are limited
to the amounts appropriated by the Legislature for these adjustments.
[2005, c. 2, Pt. D, §59 (amd); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
4. Audit adjustments. The following provisions apply to audit adjustments.
A. If errors are revealed by audit and by the commissioner, the school administrative unit's state subsidy must be adjusted
to include corrections.
[2005, c. 2, Pt. D, §60 (new); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
B. If audit adjustments are discovered after the funding level is certified by the commissioner and the state board on December
15th pursuant to section 15689-C, the department may request the necessary additional funds, if any, to pay for these adjustments.
These amounts, if any, are in addition to the audit adjustment amount certified by the commissioner and state board on the
prior December 15th.
[2005, c. 2, Pt. D, §60 (new); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
[2005, c. 2, Pt. D, §60 (new); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
5. Adjustment for cost of educating eligible students in long-term drug treatment centers. A school administrative unit that operates an educational program approved pursuant to chapter 327 to serve eligible students
in licensed drug treatment centers must be reimbursed in the year in which costs are incurred as follows.
A. Reimbursements must be limited to a maximum of 12 state average tuition rates a year for each approved plan.
[2005, c. 2, Pt. D, §60 (new); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
B. The rate of reimbursement per student may not exceed the state average tuition rates in effect during the year of placement
as computed under sections 5804 and 5805. The tuition rates must be computed based on the state average secondary tuition
rate and may be adjusted if the program is approved to operate beyond the 180-day school year.
[2005, c. 2, Pt. D, §60 (new); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
[2005, c. 2, Pt. D, §60 (new); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
6. Adjustment for uncertified personnel. The commissioner shall reduce the state share of the total allocation to a school administrative unit in the current year
or following year by an amount that represents the state share of expenditures for salaries and benefits paid to uncertified
personnel.
[2005, c. 2, Pt. D, §60 (new); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
Section History:
PL 2003,
Ch. 712,
§17
(NEW).
PL 2005,
Ch. 2,
§D58-60
(AMD).
PL 2005,
Ch. 2,
§D72,74
(AFF).
PL 2005,
Ch. 12,
§WW18
(AFF).
PL 2005,
Ch. 457,
§I1
(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
This page created on: 2005-10-01
Title 20-A - §15690. Local appropriations
Title 20-A: EDUCATION
Part 7: SCHOOL FINANCE
Chapter 606-B: ESSENTIAL PROGRAMS AND SERVICES (HEADING: PL 2001, c. 660, @1 (new))
§15690. Local appropriations
Beginning with the budget for the 2005-2006 school year, the following provisions apply to local appropriations for school
purposes.
[2005, c. 2, Pt. D, §62 (new); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
1. School administrative unit contribution to total cost of funding public education from kindergarten to grade 12. The legislative body of each school administrative unit may vote to raise and appropriate an amount up to its required contribution
to the total cost of education as described in section 15688.
A. For a municipal school unit, an article in substantially the following form must be used when a single municipal school
administrative unit is considering the appropriation of an amount up to its required contribution to the total cost of education
as described in section 15688.
(1) "Article.....: To see what sum the municipality will appropriate for the total cost of funding public education from
kindergarten to grade 12 as described in the Essential Programs and Services Funding Act (Recommend $......) and to see what
sum the municipality will raise as the municipality's contribution to the total cost of funding public education from kindergarten
to grade 12 as described in the Essential Programs and Services Funding Act in accordance with the Maine Revised Statutes,
Title 20-A, section 15688. (Recommend $......)"
(2) The following statement must accompany the article in subparagraph (1). "Explanation: The school administrative unit's
contribution to the total cost of funding public education from kindergarten to grade 12 as described in the Essential Programs
and Services Funding Act is the amount of money determined by state law to be the minimum amount that a municipality must
raise in order to receive the full amount of state dollars."
[2005, c. 12, Pt. WW, §5 (amd); §18 (aff).]
B. For a school administrative district or a community school district, an article in substantially the following form must
be used when the school administrative district or community school district is considering the appropriation of an amount
up to its required contribution to the total cost of education as described in section 15688.
(1) "Article ....: To see what sum the district will appropriate for the total cost of funding public education from kindergarten
to grade 12 as described in the Essential Programs and Services Funding Act and to see what sum the district will raise and
assess as each municipality's contribution to the total cost of funding public education from kindergarten to grade 12 as
described in the Essential Programs and Services Funding Act in accordance with the Maine Revised Statutes, Title 20-A, section
15688 (Recommend amount set forth below):
p align="center">font color="#AA0000">Total Total raised
p align="center">font color="#AA0000">appropriated (by (district
p align="center">font color="#AA0000">municipality): assessments by municipality):
p align="center">font color="#AA0000">Town A ($amount) Town A ($amount)
p align="center">font color="#AA0000">Town B ($amount) Town B ($amount)
p align="center">font color="#AA0000">Town C ($amount) Town C ($amount)
p align="center">font color="#AA0000">School District School District
p align="center">font color="#AA0000">Total Appropriated Total Raised
p align="center">font color="#AA0000">($sum of above) ($sum of above)"
(2) The following statement must accompany the article in subparagraph (1). "Explanation: The school administrative unit's
contribution to the total cost of funding public education from kindergarten to grade 12 as described in the Essential Programs
and Services Funding Act is the amount of money determined by state law to be the minimum amount that the district must raise
and assess in order to receive the full amount of state dollars."
[2005, c. 12, Pt. WW, §5 (amd); §18 (aff).]
C. The state share of the total cost of funding public education from kindergarten to grade 12 as described in section 15688,
excluding state-funded debt service for each school administrative unit, is limited to the same proportion as the local school
administrative unit raises of its required contribution to the total cost of education as described in section 15688, excluding
state-funded debt service costs.
[2005, c. 2, Pt. D, §62 (new); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
[2005, c. 12, Pt. WW, §5 (amd); §18 (aff).]
2. Non-state-funded debt service. For a school administrative unit's indebtedness previously approved by its legislative body for non-state-funded major capital
school construction projects or non-state-funded portions of major capital school construction projects and minor capital
projects, the legislative body of each school administrative unit may vote to raise and appropriate an amount up to the municipality's
or district's annual payments for non-state-funded debt service.
A. An article in substantially the following form must be used when a school administrative unit is considering the appropriation
for debt service allocation for non-state-funded school construction projects or non-state-funded portions of school construction
projects and minor capital projects.
(1) "Article ....: To see what sum the (municipality or district) will raise and appropriate for the annual payments on
debt service previously approved by the legislative body for non-state-funded school construction projects, non-state-funded
portions of school construction projects and minor capital projects in addition to the funds appropriated as the local share
of the school administrative unit's contribution to the total cost of funding public education from kindergarten to grade
12. (Recommend $......)"
(2) The following statement must accompany the article in subparagraph (1). "Explanation: Non-state-funded debt service
is the amount of money needed for the annual payments on the (municipality's or district's) long-term debt for major capital
school construction projects and minor capital renovation projects that are not approved for state subsidy. The bonding of
this long-term debt was previously approved by the voters or other legislative body."
[2005, c. 12, Pt. WW, §6 (amd); §18 (aff).]
[2005, c. 12, Pt. WW, §6 (amd); §18 (aff).]
3. Additional local appropriation. A school administrative unit may raise and expend funds for educational purposes in addition to the funds under subsections
1 and 2.
A. If the amount of the additional funds does not result in the unit's exceeding its maximum state and local spending target
established pursuant to section 15671-A, subsection 4, an article in substantially the following form must be used when a
school administrative unit is considering the appropriation of additional local funds:
(1) "Article ....: To see what sum the (municipality or district) will raise and to appropriate the sum of (Recommend $.....)
in additional local funds for school purposes under the Maine Revised Statutes, Title 20-A, section 15690. (Recommend $......)"
(2) The following statement must accompany the article in subparagraph (1). "Explanation: The additional local funds are
those locally raised funds over and above the school administrative unit's local contribution to the total cost of funding
public education from kindergarten to grade 12 as described in the Essential Programs and Services Funding Act and local amounts
raised for the annual debt service payment on previously approved non-state-funded school construction projects and the non-state-funded
portion of school construction projects and minor capital projects that will help achieve the (municipality's or district's)
budget for educational programs."
[2005, c. 12, Pt. WW, §6 (amd); §18 (aff).]
B. If the amount exceeds the unit's maximum state and local spending target established pursuant to section 15671-A, subsection
4, an article in substantially the following form must be used when a school administrative unit is considering an appropriation
of additional local funds.
(1) "Article ....: Shall (name of municipality or district) raise and appropriate $....... in additional local funds, which
exceeds the State's Essential Programs and Services funding model by $......?"
The (school committee or board of directors) recommends $......... for the following reasons: (state reasons)
(2) The following statement must accompany the article in subparagraph (1). "Explanation: The additional local funds are
those locally raised funds over and above the school administrative unit's local contribution to the total cost of funding
public education from kindergarten to grade 12 as described in the Essential Programs and Services Funding Act and local amounts
raised for the annual debt service payment on non-state-funded school construction projects or the non-state-funded portion
of a school construction project that will help achieve the (municipality's or district's) budget for educational programs."
[2005, c. 2, Pt. D, §62 (new); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
[2005, c. 12, Pt. WW, §6 (amd); §18 (aff).]
4. Total budget article. A school administrative unit must include a summary article indicating the total annual budget for funding public education
from kindergarten to grade 12 in the school administrative unit. The amount recommended must be the gross budget of the school
system. This article does not provide money unless the other articles are approved.
A. "Article ....: To see what sum the (municipality or district) will authorize the school committee to expend for the fiscal
year beginning (July 1, ....) and ending (June 30, ....) from the school administrative unit's contribution to the total cost
of funding public education from kindergarten to grade 12 as described in the Essential Programs and Services Funding Act,
non-state-funded school construction projects, additional local funds for school purposes under the Maine Revised Statutes,
Title 20-A, section 15690, unexpended balances, tuition receipts, state subsidy and other receipts for the support of schools.
(Recommend $......)"
[2005, c. 2, Pt. D, §62 (new); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
[2005, c. 2, Pt. D, §62 (new); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
5. Vote. Actions taken pursuant to subsections 1 to 4 must be taken by a recorded vote.
[2005, c. 2, Pt. D, §62 (new); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
6. Administrative costs for units with no pupils. If a school administrative unit is required to pay administrative costs and has no allocation of state or local funds, that
unit may raise and expend funds for administrative costs.
[2005, c. 2, Pt. D, §62 (new); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
Section History:
PL 2005,
Ch. 2,
§D62
(NEW).
PL 2005,
Ch. 2,
§D72,74
(AFF).
PL 2005,
Ch. 12,
§WW18
(AFF).
PL 2005,
Ch. 12,
§WW5-7
(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
This page created on: 2005-10-01
Title 20-A - §15691. Municipal assessment paid to district
Title 20-A: EDUCATION
Part 7: SCHOOL FINANCE
Chapter 606-B: ESSENTIAL PROGRAMS AND SERVICES (HEADING: PL 2001, c. 660, @1 (new))
§15691. Municipal assessment paid to district
1. Presentation of assessment schedule. The assessment schedule based on the budget approved at a community school district or school administrative district budget
meeting must be presented to the treasurer of each municipality that is a member of the district.
The assessment schedule must include each member municipality's share of the school administrative unit's contribution to
the total cost of funding public education from kindergarten to grade 12 as described in section 15688, the school administrative
unit's contribution to debt service for non-state-funded school construction projects and additional local funds for school
purposes under section 15690.
[2005, c. 2, Pt. D, §62 (new); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
2. Municipal treasurer's payment schedule. The treasurer of the member municipality, after being presented with the assessment schedule, shall forward 112 of that
member municipality's share to the treasurer of the district on or before the 20th day of each month of the fiscal year beginning
in July.
[2005, c. 2, Pt. D, §62 (new); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
Section History:
PL 2005,
Ch. 2,
§D62
(NEW).
PL 2005,
Ch. 2,
§D72,74
(AFF).
PL 2005,
Ch. 12,
§WW18
(AFF).
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
This page created on: 2005-10-01
Title 20-A - §15692. Special school districts
Title 20-A: EDUCATION
Part 7: SCHOOL FINANCE
Chapter 606-B: ESSENTIAL PROGRAMS AND SERVICES (HEADING: PL 2001, c. 660, @1 (new))
§15692. Special school districts
1. School administrative unit. For the purposes of section 15695 and Title 20, sections 3457 to 3460, a special school district is deemed to be a school
administrative unit.
[2005, c. 2, Pt. D, §62 (new); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
2. Debt service. Debt service on bonds or notes issued by a special school district must be included in the school budget of the school administrative
unit that operates the schools constructed by that district. The school board for the school administrative unit that operates
the special district's schools shall pay to the special school district all sums necessary to meet the payments of principal
and interest on bonds or notes when due and to cover maintenance or other costs for which the special school district is responsible.
[2005, c. 2, Pt. D, §62 (new); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
Section History:
PL 2005,
Ch. 2,
§D62
(NEW).
PL 2005,
Ch. 2,
§D72,74
(AFF).
PL 2005,
Ch. 12,
§WW18
(AFF).
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
This page created on: 2005-10-01
Title 20-A - §15693. School budget; budget formats
Title 20-A: EDUCATION
Part 7: SCHOOL FINANCE
Chapter 606-B: ESSENTIAL PROGRAMS AND SERVICES (HEADING: PL 2001, c. 660, @1 (new))
§15693. School budget; budget formats
1. Content. A school administrative unit shall include in its school budget document:
A. The school administrative unit's total cost of funding public education from kindergarten to grade 12, its non-state-funded
debt service, if any, and any additional expenditures authorized by law;
[2005, c. 2, Pt. D, §62 (new); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
B. A summary of anticipated revenues and estimated school expenditures for the fiscal year; and
[2005, c. 2, Pt. D, §62 (new); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
C. The following statement, including the estimated dollar amount of state retirement payments: "This budget does not include
the estimated amount of $....... in employer share of teacher retirement costs that is paid directly by the State."
[2005, c. 2, Pt. D, §62 (new); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
[2005, c. 2, Pt. D, §62 (new); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
2. Budget deadlines. The following time limitations apply to adoption of a school budget under this section.
A. At least 7 days before the initial meeting of the legislative body responsible for adopting a budget, the school administrative
unit shall provide a detailed budget document to that legislative body and to any person who requests one and resides within
the geographic area served by the school administrative unit.
[2005, c. 2, Pt. D, §62 (new); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
B. Notwithstanding a provision of law or charter to the contrary, school administrative units may adopt an annual budget prior
to June 30th. The school budgets for career and technical education regions must be adopted on or before August 1st.
[2005, c. 2, Pt. D, §62 (new); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
C. Notwithstanding any municipal charter provision, ordinance or other law to the contrary, if the level of state subsidy for
the next school year is not finalized in accordance with this chapter before June 1st, the school board may delay a school
budget meeting otherwise required to be held before July 1st to a date after July 1st. If a school board elects to delay a
school budget meeting under this paragraph, the meeting must be held and the budget approved within 30 days of the date the
commissioner notifies the school board of the amount allocated to the school administrative unit under section 15689-B. When
a school budget meeting is delayed under this paragraph, the school administrative unit may continue operation of the unit
at the same budget levels as were approved for the previous year. Continued operation under the budget for the previous year
is limited to the time between July 1st and the date the new budget goes into effect.
[2005, c. 2, Pt. D, §62 (new); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
[2005, c. 2, Pt. D, §62 (new); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
3. Budget format. The following provisions apply to a budget format.
A. Except as provided in subsection 4, the budget format is that prescribed by a majority of the school board until an article
prescribing the school budget format is approved by a majority of voters in an election in which the total vote is at least
20% of the number of votes cast in the municipality in the last gubernatorial election, or 200, whichever is less.
[2005, c. 2, Pt. D, §62 (new); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
B. The format of the school budget may be determined in accordance with section 1306.
[2005, c. 2, Pt. D, §62 (new); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
C. It is the intent of the Legislature that a school board shall attempt to obtain public participation in the development of
the school budget format.
[2005, c. 2, Pt. D, §62 (new); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
[2005, c. 2, Pt. D, §62 (new); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
4. Budget format; town or city charter. In a municipality where the responsibility for final adoption of the school budget is vested by municipal charter in a council,
the school budget format may be changed through amendment of the charter under the home rule procedures of Title 30-A, chapter
111, except that the amendment must be approved by a majority of voters in an election in which the total vote is at least
20% of the number of votes cast in the municipality in the last gubernatorial election.
[2005, c. 2, Pt. D, §62 (new); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
5. Budget format; town meeting. When the final budget authority is vested in a town meeting operating under the general enabling procedures of Title 30-A,
the format of the school budget may be determined by the town meeting or under the procedures of Title 30-A, section 2522
or 2528.
[2005, c. 2, Pt. D, §62 (new); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
6. Budget format; community school district. The following provisions apply to the budget format of a community school district.
A. An article containing the district's proposed budget format must be placed on the next warrant issued or ballot printed if:
(1) A majority of the district school committee votes to place it on the warrant or ballot; or
(2) A written petition signed by at least 10% of the number of voters voting in the last gubernatorial election in each municipality
within the community school district requests it to be on the warrant or ballot.
[2005, c. 2, Pt. D, §62 (new); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
B. The article containing the budget format may be voted on by secret ballot at an election conducted in accordance with Title
30-A, sections 2528 to 2532.
[2005, c. 2, Pt. D, §62 (new); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
C. The district school committee shall:
(1) Issue a warrant specifying that the municipal officers of the municipalities within the community school district shall
place the budget format article on the secret ballot; and
(2) Prepare and furnish the required number of ballots for carrying out the election, including absentee ballots.
[2005, c. 2, Pt. D, §62 (new); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
[2005, c. 2, Pt. D, §62 (new); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
7. Budget format; articles. The articles prescribed in this chapter must be included in the budget format and be voted on in the adoption of the budget
in order to determine state and local cost sharing.
[2005, c. 2, Pt. D, §62 (new); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
8. Change in budget format. Any change in the budget format must be voted on at least 90 days prior to the budget year for which that change is to be
effective.
[2005, c. 2, Pt. D, §62 (new); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
Section History:
PL 2005,
Ch. 2,
§D62
(NEW).
PL 2005,
Ch. 2,
§D72,74
(AFF).
PL 2005,
Ch. 12,
§WW18
(AFF).
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
This page created on: 2005-10-01
Title 20-A - §15694. Actions on budget
Title 20-A: EDUCATION
Part 7: SCHOOL FINANCE
Chapter 606-B: ESSENTIAL PROGRAMS AND SERVICES (HEADING: PL 2001, c. 660, @1 (new))
§15694. Actions on budget
The following provisions apply to approving a school budget under this chapter.
[2005, c. 2, Pt. D, §62 (new); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
1. Checklist required. Prior to a vote on articles dealing with school appropriations, the moderator of a regular or special school budget meeting
shall require the clerk or secretary to make a checklist of the registered voters present. The number of voters listed on
the checklist is conclusive evidence of the number present at the meeting.
[2005, c. 2, Pt. D, §62 (new); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
2. Reconsideration. Notwithstanding any law to the contrary, in school administrative units where the school budget is finally approved by the
voters, a special budget meeting to reconsider action taken on the budget may be called only as follows.
A. The meeting must be held within 30 days of the regular budget meeting at which the budget was finally approved.
[2005, c. 2, Pt. D, §62 (new); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
B. In a school administrative district or community school district, the meeting must be called by the school board or as follows.
(1) A petition containing a number of signatures of legal voters in the member municipalities of the school administrative
unit equalling at least 10% of the number of voters who voted in the last gubernatorial election in member municipalities
of the school administrative unit, or 100 voters, whichever is less, and specifying the article or articles to be reconsidered
must be presented to the school board within 15 days of the regular budget meeting at which the budget was finally approved.
(2) On receiving the petition, the school board shall call the special budget reconsideration meeting, which must be held
within 15 days of the date the petition was received.
[2005, c. 2, Pt. D, §62 (new); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
C. In a municipality, the meeting must be called by the municipal officers:
(1) Within 15 days after receipt of a request from the school board, if the request is received within 15 days of the budget
meeting at which the budget was finally approved and it specifies the article or articles to be reconsidered; or
(2) Within 15 days after receipt of a written application presented in accordance with Title 30-A, section 2532, if the application
is received within 15 days of the budget meeting at which the budget was finally approved and it specifies the article or
articles to be reconsidered.
[2005, c. 2, Pt. D, §62 (new); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
[2005, c. 2, Pt. D, §62 (new); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
3. Invalidation of action of special budget reconsideration meeting. If a special budget meeting is called to reconsider action taken at a regular budget meeting, the actions of the meeting
are invalid if the number of voters at the special budget meeting is less than the number of voters present at the regular
budget meeting.
[2005, c. 2, Pt. D, §62 (new); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
4. Line-item transfers. Meetings requested by a school board for the purpose of transferring funds from one category or line item to another must
be posted for voter or council action within 15 days of the date of the request.
[2005, c. 2, Pt. D, §62 (new); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
Section History:
PL 2005,
Ch. 2,
§D62
(NEW).
PL 2005,
Ch. 2,
§D72,74
(AFF).
PL 2005,
Ch. 12,
§WW18
(AFF).
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
This page created on: 2005-10-01
Title 20-A - §15695. Bonds; notes; other
Title 20-A: EDUCATION
Part 7: SCHOOL FINANCE
Chapter 606-B: ESSENTIAL PROGRAMS AND SERVICES (HEADING: PL 2001, c. 660, @1 (new))
§15695. Bonds; notes; other
All bonds, notes or other evidences of indebtedness issued for school purposes by a school administrative unit for major capital
expenses, bus purchases or current operating expenses, including tax or other revenue anticipation notes, are general obligations
of the unit.
[2005, c. 2, Pt. D, §62 (new); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
1. Tax assessments. The municipal officers or school board shall require the sums that are necessary to meet in full the principal of and interest
on the bonds, notes or other evidences of indebtedness issued pursuant to this section payable in each year to be assessed
and collected in the manner provided by law for the assessment and collection of taxes.
[2005, c. 2, Pt. D, §62 (new); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
2. Reduction. The sums to be assessed and collected under subsection 1 must be reduced by the amount of an allocation of funds appropriated
by the Legislature to pay the principal and interest owed by the school administrative unit in a given year as certified to
the unit by the commissioner. The commissioner shall certify the amount due to the unit within 30 days of its appropriation
by the Legislature.
[2005, c. 2, Pt. D, §62 (new); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
3. Collection. After assessment and reduction under subsection 2, the remaining sum must be paid from ad valorem taxes, which may be levied
without limit as to rate or amount upon all the taxable property within the school administrative unit.
[2005, c. 2, Pt. D, §62 (new); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
Section History:
PL 2005,
Ch. 2,
§D62
(NEW).
PL 2005,
Ch. 2,
§D72,74
(AFF).
PL 2005,
Ch. 12,
§WW18
(AFF).
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
This page created on: 2005-10-01
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