An Act To Reimburse School Districts for Children in Group Care Facilities
Maine Legislature, Session 121, LD 1679
Committee: Education and Cultural Affairs
Sponsors: HALL, BLANCHETTE, CRA YEN, EARLE, HATCH, TRAHAN
Amends: 20-A MRSA §15603

Legislative Document 
No. 1679 
S.P.611 
In Senate, December 17, 2003 
An Act To Reimburse School Districts for Children in Group Care 
Facilities 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203. 
Received by the Secretary of the Senate on December 16, 2003. Referred to the Committee 
on Education and Cultural Affairs pursuant to Joint Rule 308.2 and ordered printed pursuant to 
Joint Rule 218 . 
Presented by Senator HALL of Lincoln. 
JOY J. O'BRIEN 
Secretary of the Senate 
Cosponsored by Representatives: BLANCHETTE of Bangor, CRA YEN of Lewiston, EARLE 
of Damariscotta, HATCH of Skowhegan, TRAHAN of Waldoboro. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 20-A MRSA §15603, sub-§26-A, F, as 
amended by PL 
1999, c. 401, Pt. GG, §2, is further amended to read: 
F. 
If for any fiscal year the total amount appropriated for 
the State' s share of the total allocation is less than the 
amount specified in the certified funding level for that 
year, 
then all 
subsidizable 
costs 
except 
as 
noted 
ln 
subparagraphs 
(1) 
aBeL 
(2) 
and 
(3) 
are 
reduced 
by 
a 
percentage of the original cost amounts. 
The 
reduction 
percentage is the smallest percentage that results in a 
state share of the total allocation that does not exceed the 
amount 
appropriated 
for 
this 
purpose, 
except 
that 
the 
reduction percentage 
that would ordinarily be 
used 
for 
operating and program costs must be reduced for the purpose 
of 
computing state subsidy 
for 
transportation operating 
costs 
as 
defined 
in subsection 
29. 
Until 
fiscal 
year 
2000-01, 
the 
reduction 
percentage 
ordinarily 
used 
for 
transportation operating costs must be reduced by the amount 
necessary 
to 
provide 
additional state 
subsidy equal 
to 
$4,500,000 
for 
this 
category 
of 
costs. 
The 
statewide 
adjustment 
factor 
under 
section 
15654, 
subsection 
1, 
paragraph B must be adjusted by an amount sufficient to 
provide 
this 
additional 
funding 
for 
program 
costs. 
Beginning in fiscal year 1999-00, the reduction percentage 
must be phased out over 4 years. 
In fiscal year 1999-00, 
the 
reduction 
percentage 
for 
program 
costs 
other 
than 
transportation operating costs must be 15.88'1-0
• 
It is the 
intent of the Legislature that the reduction percentage for 
all program costs and the insured value factor be lowered to 
9.97% in fiscal year 
2000-01, 
to 
4.98% 
in fiscal year 
2001-02 
and to 0% 
in fiscal year 2002-03. 
Beginning in 
fiscal year 2000-01, if the appropriation and any increase 
in the mill rate determined by the Legislature to be needed 
under section 15653 are not sufficient to achieve both the 
targeted reduction percentage and the targeted per pupil 
guarantee, as defined in section 15653, then the per pupil 
guarantee 
must 
advance 
toward 
the 
targeted 
per 
pupil 
guarantee 
in 
the 
same 
proportion 
as 
the 
reduction 
percentage, as defined in this section, is lowered toward 
the 
targeted 
reduction 
percentage. 
The 
following 
subsidizable costs may not be reduced: 
(l) 
Principal 
and 
interest 
on 
approved 
school 
construction costs; aBe 
(2) 
Approved lease coStST; and 
Page l-LR2542(1) 
• 
.. 
.. 
(3) 
Certain special education costs as set forth in 
section 15612, subsection 6-A. 
Sec. 2. 20·A MRS A §15612, sub·§6·A is enacted to read: 
A. 
Special education adjustment: residential placements. 
Beginning in fiscal year 2004-05 and notwithstanding any other 
provision of this chapter or chapter 
A, 
the commissioner 
shall adjust each school administrative unit's state share of 
state subsidy to include: 
A. 
An amount egual to 100q,o of the unit's actual special 
education costs for the placement of state agency clients 
and state wards in a residential placement within the unit 
during the year of allocation; 
B. 
An 
amount equal to 
100% of the local share of the 
foundation allocation for the placement of each state agency 
client and state ward placed in a 
residential placement 
within the unit during the year of allocation; and 
C. 
Notwithstanding any provision of chapter 219, an amount, 
equal to 100% of the actual local per-puwil expenditure for 
each 
state 
agency 
client 
and 
state 
ward 
placed 
in 
a 
residential placement within the unit who is educated as a 
tuition student in another school administrative unit or at 
a private school. 
State payments for this paragraph must be 
made during the year of allocation. 
For the purposes of this subsection, the uni t' s actual special 
education costs include 100 Qb of the costs defined in subsection 
11; section 15603, subsection 22; section 15607 , 
subsection 3, 
paragraph 
A, 
subparagraphs 
(1) 
and 
(2); 
and 
section 
15613, 
subsection 5. 
SUMMARY 
This bill provides that the General Purpose Aid for Local 
Schools program would provide state subsidy for 
100% .of 
the 
actual special education costs of the placement of state agency 
clients and state wards in a residential placement wi thin the 
unit. 
Under this bill, the Commissioner of Education is required 
to adjust each school administrative unit's state share of state 
subsidy to include an amount that equals 
100% of the unit's 
actual special education costs, including the unit's personnel 
costs, 
to 
provide 
special 
education 
services 
and 
special 
education 
costs 
for 
state 
wards, 
state 
agency 
clients 
and 
out-of-district placements. 
The bill also provides that the General Purpose Aid for 
Local Schools program fully fund the local share of actual local 
special 
education costs, 
the 
local 
share 
of 
the 
foundation 
allocation and the actual local per-pupil expenditure for each 
state ward, state agency client and out-of-district placement who 
is educated as a tuition student in another school administrative 
unit or at a private school.