An Act To Protect Schools That Are Completing Health and Safety Improvements from Losing Points as Part of Their Major Capital Project Applications
Maine Legislature, Session 121, LD 1041
Committee: Education and Cultural Affairs
Sponsors: MILLS, FINCH, SA VIELLO, WOODCOCK
Amends: 20-A MRSA §15905

Legislative Document 
No. 1041 
H.P.758 
House of Representatives, February 26, 2003 
An Act To Protect Schools That Are Completing Health and Safety 
Improvements from Losing Points as Part of Their Major Capital 
Project Applications 
Reference to the Committee on Education and Cultural Affairs suggested and ordered 
printed. 
Presented by Representative MILLS of Farmington. 
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MILLICENT M. MacFARLAND 
Clerk 
Cosponsored by Representatives: FINCH of Fairfield, SA VIELLO of Wilton, Senator: 
WOODCOCK of Franklin. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 20-A MRSA §15905, sub-§5, as enacted by PL 1993, c. 
410, Pt. ZZZ, §1, is repealed and the following enacted in its 
place: 
5. 
Approval criteria. 
In approving 
school 
construction 
projects, the state board shall ensure that: 
A. 
A school administrative unit has made efficient use of 
existing school facilities within the unit and has explored 
and, 
when 
feasible , 
developed 
agreements 
for 
sharing 
facilities with neighboring school administrative units; and 
B. 
Beginning with the 2003-2004 rating cycle for school 
construction 
project 
applications, 
the 
rating 
points 
assigned to a 
school construction project application for 
the rating cycle in progress are not adjusted, reduced or 
affected due to improvements made to existing buildings that 
relate directly to protecting the health or safety of staff 
or students, 
as 
long as the school construction project 
application 
involved 
received 
a 
rating 
on 
the 
school 
facilities priority list for the most recent rating cycle 
and the improvements were made subsequent to the submission 
of the most recent application. 
The state board shall adopt 
or amend the rules relating to the rating and approval of 
school construction projects. 
Rules 
adopted pursuant 
to 
this subsection are routine technical rules as defined in 
the Title 5, chapter 375, subchapter 2 A. 
SUMMARY 
This bill establishes a so-called "hold harmless" provision 
to protect school administrative units that are completing health 
and safety improvements to their school facilities from losing 
points in the rating process used by the State Board of Education 
to evaluate school construction project applications. 
The bill 
provides that, 
beginning with the 
2003-2004 rating cycle 
for 
school 
construction project applications, 
the State 
Board 
of 
Education shall ensure that the rating points assigned to 
project application for the rating cycle in progress are not 
adjusted, reduced or affected by improvements made to existing 
buildings that relate directly to protecting the health or safety 
of staff or students, as long as the project application involved 
received a rating on the school facilities priority list for the 
2001-2002 rating cycle and the improvements were made subsequent 
to the submission of the 2003-2004 application. The bill also 
directs the State Board of Education to adopt or amend rules 
relating to 
the 
rating 
and 
approval 
of 
school 
construction 
projects. 
Page l-LR1546 (1)