An Act To Further the Implementation of the Essential Programs and Services Funding Model
Maine Legislature, Session 122, LD 1766
Committee: Education and Cultural Affairs
Sponsors: MITCHELL, NORTON
Amends: 20-A MRSA §15671-A, 20-A MRSA §15690

Legislative Document 
No. 1766 
S.P.683 
In Senate, December 30, 2005 
An Act To Further the Implementation of the Essential Programs 
and Services Funding Model 
Submitted by the Department of Education pursuant to Joint Rule 204. 
Received by the Secretary of the Senate on December 28,2005. Referred to the Committee 
on Education and Cultural Affairs pursuant to Joint Rule 308.2 and ordered printed pursuant to 
J oint Rule 401. 
Presented by Senator MITCHELL of Kennebec. 
Cosponsored by Representative NORTON of Bangor. 
Printed on recycled paper 
JOY J. O'BRIEN 
Secretary of the Senate 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 20-A MRSA §15671-A, sub-§5, as amended by PL 2005, c. 
12, Pt. WW, §3 and affected by §18, is further amended to read: 
5. 
Ezceedinq 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 
state 
funds 
resulting from a transition adjustment pursuant to section 15686, 
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. 
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 
pr ior 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 
the article. 
The 
results must 
municipal 
officers 
and 
entered 
records. 
"No" their opinion on 
be 
declared by 
the 
upon 
the 
municipal 
Sec. 2. 20-A MRSA §15690. sub-§3. ,A, 
c. 12, Pt. 
WW, 
§6 
and affected by §18, 
read: 
as amended by PL 2005, 
is further amended to 
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 15671-1\, 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 20-11., 
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 
ae9~--6e~viee 
payment on pFeviEHl&1-y-app'Eevea non-state-funded 
seaee~ 
eeBS~FQe~ieB-~~~~-a»G-~Ae-~~-peF~ieB 
e~--~€hee~--~~~~~~~~~-~~~~-~-~i~F--eapi~a~ 
p~e}ee~s debt 
service 
that will 
help 
achieve 
the 
(municipali ty' s or district's) budget for educational 
programs." 
Sec. 3. 20-A MRSA §15690. sub-§3, 1JB, as enacted by PL 2005, 
c. 2, Pt. D, §62 and affected by §§72 and 74 and c. 12, Pt. WW, 
§18, is amended to read: 
B. 
If the amount exceeds the unit's maximum state and local 
spending target established pursuant to section 15671-11., 
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 additional local funds and gives the 
following reasons for exceeding the State's Essential 
Programs 
and 
Services 
funding 
model 
by 
$ .......• : 
{.s~a~e-~easeas+ 
(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 
ae9~--6e~viee 
payment 
on 
non-state-funded 
seA991---€9RstEReti9B 
pFejeets-~--tAe-~a-~~&&-~-~~~~-ef-~-seAee± 
e9BstFQetiea--pF9jeet 
debt 
service 
that 
will 
help 
achieve the (municipality's or district's) budget for 
educational programs." 
SUMMARY 
The bill provides 
for 
the 
continuing 
implementation of 
essential 
programs 
and 
services, 
or 
"EPS," 
necessitated 
by 
current statutory requirements 
and makes 
changes 
designed to 
achieve the goals of the EPS funding model of adequacy and equity 
in the funding of education for kindergarten to grade 12.