An Act to Provide for the Fair Distribution of Resources for Teaching Students of Limited Proficiency in English
Maine Legislature, Session 121, LD 0162
Committee: Education and Cultural Affairs
Sponsors: ROTUNDO, CRAVEN, DOUGLASS, GAGNON, SAWYER, FAIRCLOTH, LEDWIN, SYKES
Amends: 20-A MRSA §15603, 20-A MRSA §15612

12lst MAINE LEGISLATURE 
Legislative Document 
No. 162 
S.P.85 
In Senate, January 21, 2003 
An Act to Provide for the Fair Distribution of Resources for 
Teaching Students of Limited Proficiency in English 
(EMERGENCY) 
Reference to the Committee on Education and Cultural Affairs suggested and ordered 
printed. 
Presented by Senator ROTUNDO of Androscoggin. 
Cosponsored by Representative CRAVEN of Lewiston and 
JOY J. O'BRIEN 
Secretary of the Senate 
Senators: DOUGLASS of Androscoggin, GAGNON of Kennebec, SAWYER of Penobscot, 
Representatives: FAIRCLOTH of Bangor, LEDWIN of Holden, SYKES of Harrison, 
W ALCOTT of Lewiston. 
Printed on recycled paper 
Emergency preamble. Whereas, Acts of the Legislature do not 
become effective until 90 days after adjournment unless enacted 
as emergencies; and 
Whereas, in 
order 
for 
the 
adjustment 
proposed 
in 
legislation to 
be 
implemented 
in fiscal 
year 
2003-04, 
legislation must be enacted as an emergency measure; and 
this 
this 
Whereas, in the judgment of the Legislature, these facts 
create an emergency within the meaning of the Constitution of 
Maine 
and 
require 
the 
following 
legislation 
as 
immediately 
necessary for the preservation of the public peace, health and 
safety; now, therefore, 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 20-A MRSA §15603, sub-§28-A, as enacted by PL 1999, c. 
401, Pt. JJ, §1, is repealed. 
Sec. 2. 20-A MRSA §15612, sub-§12-A, as enacted by PL 1999, c. 
401, Pt. JJ, §2, is repealed and the following enacted in its 
place: 
12-A. 
Adjustment for students of limited proficiency in 
English who are placed in transitional instruction programs that 
use English as a 2nd language or bilingual techniques: adjustment 
limitation. 
In fiscal year 2003-04 and in each succeeding fiscal 
year, a school administrative unit that places a student in a 
transitional instruction program using English as a 2nd language 
or 
bilingual 
techniques 
approved 
by 
the 
commissioner 
and 
established in accordance with section 4701, subsection 2 must 
receive an adjustment on a per capita basis for each such student 
in the unit. 
State payments 
to 
school administrative units 
pursuant to this subsection must be calculated as follows. 
A. 
For the purposes of this subsection, "student placed in 
an 
approved 
transitional 
instruction 
program" 
means 
an 
elementary or secondary student who is a student of limited 
proficiency in English and who is placed in a transitional 
instruction program using English as 
a 
2nd 
language 
or 
bilingual 
techniques 
established 
in 
the 
school 
administrative 
unit 
as 
part 
of 
plans 
approved 
by 
the 
commissioner 
and 
implemented 
in 
accordance 
with 
section 
4701, subsection 2. 
B. 
The 
amount 
of 
each 
school 
administrative 
unit's 
adjustment is as calculated pursuant to paragraph C and 
prorated as necessary pursuant to paragraph E. 
c. 
The weighted student count used for the calculation of 
Page l-LR0512(1) 
each school administrative unit's adjustment in accordance 
with this subsection is as follows. 
(1) The calculated amount for a unit that has between 
one and 15 students placed in an approved transitional 
instruction program is equal to 50'\ multiplied by the 
student count specified in paragraph D. 
(2) The calculated amount for a unit that has 16 to 250 
students placed in an approved transitional instruction 
program is equal to 30'\ multiplied by the student count 
specified in paragraph D. 
(3) The calculated amount for a unit that has 251 or 
more 
students 
placed 
in 
an 
approved 
transitional 
instruction program is equal to 60'\ multiplied by the 
student count specified in paragraph D. 
D. 
The student count used for the calculation of each 
school 
administrative 
unit's 
adjustment 
under 
this 
subsection is the average of the 2 census counts on April 
1st 
and 
October 
1st 
of 
students 
placed 
in 
approved 
transitional 
instruction 
programs 
for 
the 
most 
recent 
calendar year. 
E. 
The amount due to each school administrative unit in 
accordance 
with 
this 
subsection 
must 
be 
paid 
by 
the 
department in the year of allocation as a single payment. 
l:illL..funds disbursed are limited to the amount appropriated 
by the Legislature for this purpose and the department is 
authorized 
to 
prorate 
payments 
to 
units 
if the 
amount 
appropriated is insufficient to make full payments to all 
units. 
If additional appropriations are not provided for 
this 
disbursement, 
the 
department 
may 
not 
redistribute 
existing appropriations for general purpose aid to local 
schools. 
Sec. 3. Revision of student census forms; notice to superintendents. 
The 
Commissioner 
of Education shall take whatever action is 
necessary to revise the forms provided to school administrative 
units and private schools in accordance with the Maine Revised 
Statutes, Title 20-A, section 6004 so that the annual student 
counts reported each school year can include the count of all 
students placed in an approved transitional instruction program 
as required by this Act. 
The Commissioner of Education shall 
also provide notice to all superintendents and private school 
principals that, beginning with the April 15, 2003 student count, 
each school administrative unit and private school is required to 
specify 
the 
number 
of 
students 
placed 
in 
an 
approved transitional instruction program as part of the annual 
student count. 
Sec. 4. Effective date. 
Those sections of this Act that repeal 
the Maine Revised Statutes, Title 20-A, section 15603, subsection 
28-A and repeal and replace Title 20-A, section 15612, subsection 
12-A take effect July 1, 2003. 
Emergency clause. 
In view of the emergency cited in the 
preamble, this Act takes effect when approved. 
SUMMARY 
This bill directs the Department of Education to use an 
enrollment-driven method to adjust the amount of general purpose 
aid subsidy that a school administrative unit would receive for 
the costs of providing a transitional instruction program for 
students of limited proficiency in English who are placed in a 
transitional instruction program using English as a 2nd language 
or 
bilingual 
techniques 
approved 
by 
the 
Commissioner 
of 
Education. 
The bill proposes to accomplish the following. 
1. 
Beginning 
in 
fiscal 
year 
2003-04, 
a 
school 
administrative unit would receive an adjustment to its state 
subsidy on 
a 
per capita basis for 
each student of 
limited 
proficiency 
in 
English 
placed 
in 
an 
approved 
transitional 
instruction program. 
State payments 
to school administrative 
units must be made during the year of allocation as a single 
payment. 
2. 
The adjustment would be calculated using a 
weighted 
average 
student count with 
a 
3-tiered differential weighting 
scheme based on the number of students placed in an approved 
transitional instruction program in the unit and the averaging of 
the 2 most recent student census counts. 
3. 
The funds disbursed for this adjustment are limited to 
the amount appropriated by the Legislature for this purpose and 
payments to units must be prorated if the amount appropriated is 
insufficient to make full payments to all units. 
If additional 
appropriations 
are 
not 
provided 
for 
this 
disbursement, 
the 
Department 
of 
Education 
may 
not 
redistribute 
existing 
appropriations for general purpose aid to local schools for this 
adjustment. 
4. 
The Commissioner of Education is directed to revise the 
forms provided to school administrative units and private schools 
so that the annual student counts required each school year can 
include 
the 
count 
of 
all 
students 
placed 
in 
an 
approved 
transitional instruction program beginning with the April 15, 
2003 student count. 
The commissioner is also directed to provide 
notice to all superintendents and private school principals that, 
beginning with the April 15, 
2003 student count, 
each school 
administrative unit and private school is required to specify the 
number of students placed in an approved transitional instruction 
program as part of the annual student counts.