Resolve, Regarding Participation in the Federal No Child Left Behind Act of 2001
Maine Legislature, Session 121, LD 1716
Committee Amendment CA_A_S443 (Senate)

COMMITTEE AMENDMENT "A, to S • P • 648, L.D. 1716, "Resolve, 
Regarding Participation in the Federal No Child Left Behind Act 
of 2001" 
Amend the resolve by striking out everything after the title 
and before the summary and inserting in its place the following: 
'Sec. I. Prohibition on use of state funds; exceptions. Resolved: 
That, in order to give priority to the implementation of Maine's 
system of learning results, and consistent with Title IX, Part E, 
Subpart 2, Section 9527 of the federal No Child Left Behind Act 
of 2001, the Department of Education may not spend any state 
funds or incur any costs not paid for under the federal No Child 
Left Behind Act of 2001 in order to comply with the provisions of 
the act, except for state funds necessary to act in accordance 
with sections 2, 3, 4 and 5 of this resolve; and be it further 
Sec. 2. Administration of federal education funds. Resolved: 
That 
the Department of Education may administer such federal funds as 
may be made available to the State under Public Law 89-10, known 
as the federal Elementary and Secondary Education Act of 1965, as 
amended by Public Law 107-110, known as the federal No Child Left 
Behind Act of 2001. 
Those funds may be accepted and must be 
distributed and accounted for by the Department of Education in 
accordance with the federal No Child Left Behind Act of 2001 and 
federal regulations issued under provisions of that act even if 
there is conflict between that act or those regulations and the 
statutes and rules of this State; and be it further 
Page l-LR2453(2) 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT ,~, to S.P. 648, L.D. 1716 
Sec. 3. Compliance with federal requirements of No Child Left 
Behind Act of 2001. Resolved: 
That, notwithstanding the provisions 
of 
the 
Maine 
Revised 
Statutes, 
Title 
20-A 
related 
to 
the 
implementation of Maine's system of learning results, 
and in 
order to comply with the provisions of the federal No Child Left 
Behind Act of 2001 during the 2003-2004 and 2004-2005 school 
years, the Commissioner of Education is authorized to determine 
annually whether schools are meeting state standards, 
and the 
Department of Education is authorized to impose 
consequences 
allowed in state law and required by the federal No Child Left 
Behind Act of 2001 within the time frame required in that act. 
The Department of Education may expend other state funds for 
activities the department was already conducting consistent with 
the federal No Child Left Behind Act of 2001, or for activities 
already authorized in the budgets for fiscal years 2003-04 and 
2004-05. 
It is the intent of the Legislature that the Department 
of Education continue to study the provisions of the federal No 
Child Left Behind Act of 2001 and continue to seek guidance from 
the United States Department of Education in order to determine 
changes necessary in the act and in federal regulations issued 
under the act; and be it further 
Sec. 4. 
Investigation. 
Resolved: 
That 
the 
Department 
of 
Education shall conduct a thorough investigation of the costs and 
benefits of participating in the federal No Child Left Behind Act 
of 2001. 
The investigation must focus on the costs and benefits 
of aligning the federal No Child Left Behind Act of 2001 with 
Maine's 
system 
of 
learning 
results 
and 
must 
include 
a 
comprehensive analysis of the costs and benefits of participating 
in the federal No Child Left Behind Act of 2001; and be it further 
Sec. 5. Report. Resolved: 
That, no later than January 15, 
2005, the Department of Education shall submit its findings and 
recommendations 
to 
the 
joint 
standing 
committee 
of 
the 
Legislature having jurisdiction over education matters. ' 
SUMMARY 
This committee amendment is the 
Joint Standing Committee on Education 
amendment strikes and replaces the 
following. 
unanimous report of 
and Cultural Affairs. 
resolve to accomplish 
the 
The 
the 
1. 
It removes the emergency preamble and the emergency 
clause. 
2. 
It clarifies that the prOhibition on the use of state 
funds to participate in the federal No Child Left Behind Act of 
2001 does not prohibit the State from expending other state funds 
COMMITTEE AMENDMENT 
, 
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lr 
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COMMITTEE AMENDMENT .. A to S.P. 648, L.D. 1716 
for activities that the Department of Education was 
already 
conducting consistent with the federal No Child Left Behind Act 
of 2001, or for activities authorized in the state budgets for 
fiscal year 2003-04 and fiscal year 2004-05. 
3. 
It makes an exception to the prohibition on the use of 
state funds to implement the policies of the federal No Child 
Left 
Behind 
Act 
of 
2001 
by 
authorizing 
the 
Department 
of 
Education to use state funds to conduct the investigation of the 
costs and benefits of participating in the federal No Child Left 
Behind Act of 2001. 
4. 
It clarifies that the investigation required by the 
resolve must focus on the costs and benefits of aligning the 
federal No Child Left Behind Act of 2001 with Maine's system of 
learning results and must include a comprehensive analysis of the 
costs and benefits of participating in the federal No Child Left 
Behind Act of 2001. 
5. 
It changes the reporting date for the Department of 
Education to submit its findings and recommendations to the joint 
standing committee of the Legislature having jurisdiction over 
education matters to January 15, 2005. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Fiscal Detail and Notes 
Approved: 03/15/04 .::tPae 
Office of Fiscal and Program Review 
LD 1716 
Resolve, Regarding Participation in the Federal No Child Left Behind 
Act of 2001 
LR2453(02) 
Fiscal Note for Bill as Amended by Committee Amendment 'fJi 
Committee: Education and Cultural Affairs 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Additional costs to the Department of Education to study the costs and benefits of participating in the federal No Child 
Left Behind Act of 200 1 can be absorbed utilizing existing budgeted resources. 
LR2453(2) - Fiscal Note - Page 1 of 1