Resolve, Regarding Legislative Review of Portions of Chapter 61: State Board of Education Rules for Major Capital School Construction Projects, a Major Substantive Rule of the Department of Education
Maine Legislature, Session 124, LD 0079
Committee Amendment CA_A_H49 (House)

COMMITTEE AMENDMENT ,,4 " to H.P. 69, L.D. 79, "Resolve, Regarding 
Legislative Review of Portions of Chapter 61: State Board of Education Rules for Major 
Capital School Construction Projects, a Major Substantive Rule of the Department of 
Education" 
Amend the resolve in section 1 in the last line (page 1, line 18 in L.D.) by striking out 
the following: "is authorized." and inserting the following: 'is authorized, but only if the 
rule is amended as follows:' 
Amend the resolve by inserting after section 1 the following: 
'I. In Section 1, subsection 34, the definition of "One Campus" is amended by 
striking out the reference to a physical or virtual presence and specifying that the term 
"One Campus" refers to a campus that contains the elements of an integrated, 
consolidated 9-16 educational facility promoting the development of a design where all 
facilities are located on one site and provide a streamlined and integrated learning 
experience for students of all ages. 
2. Section 15, subsection 1 is amended to clearly specify that: 
A. The regional high school, the career and technical education center, the higher 
education center and the industry training center, the 4 components of the one 
campus, must each have a physical presence on the campus and use facilities on that 
campus to deliver courses; 
B. Each of the 4 components must offer teacher and student interaction that is not 
separated in space or space and time as characterizes distance learning. The Internet, 
videoconferencing and other technology employed in distance learning may be used 
to complement or expand offerings; and 
C. 
Courses may be provided using the Internet, videoconferencing and other 
technology employed in distance learning to complement real-time, shared-space 
learning. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A" to H.P. 69, L.D. 79 
3. Section 15, subsection 2, paragraph C, subparagraph 4 is amended by removing 
the following: "Where will these courses be offered? On same campus? Virtually? At 
another site?" 
4. Section 15, subsection 2, paragraph C, subparagraph 4 is also amended to remove 
language that indicates· ratings must be based, in part, on a listing of courses and 
programs to be offered by a higher education unit and instead include language that 
indicates that ratings must be based, in part, on a list of strategies and approaches to be 
used to ensure that the higher education courses and programs are offered in facilities 
located on one site, providing a streamlined and integrated learning experience for 
students of all ages. 
The State Board of Education is not required to hold further hearings or conduct other 
formal proceedings prior to final adoption of the rule as amended in accordance with this 
resolve; and be it further 
Sec. 2. Emergency rule invalid. Resolved: That the emergency rule adopted by 
the State Board of Education on September 15, 2008 for the purpose of expediently 
selecting a qualified applicant to implement the innovative model does not reflect the 
intent of Resolve 2007, chapter 223 and does not have legal effect.' 
SUMMARY 
This amendment is the majority report of the Joint Standing Committee on Education 
and Cultural Affairs. It authorizes final adoption of the provisionally adopted rule if 
certain revisions are made. It requires a revision to the defmition of "One Campus" and 
to elements of Section 15 that outline the criteria with which projects are rated. It 
requires that each of the 4 educational components, the regional high school, the career 
and technical high school, the higher education center and the industry training center, 
have a physical presence on the campus. It precludes anyone component from offering 
only distance learning opportunities on campus. 
It declares the emergency rule authorized and adopted under Resolve 2007, chapter 
to be invalid. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMI 
EE AMENDMENT 
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Approved: 03/20/09 :%PaC! 
LD79 
LR 655(02) 
Resolve, Regarding Legislative Review of Portions of Chapter 61: State Board of Education Rules for 
Major Capital School Construction Projects, a Major Substantive Rule of the Department of 
Education 
Fiscal Note for Bill as Amended by Committee Amendment ''4'' 
Committee: Education and Cultural Affairs 
Fiscal Note Required: Yes 
Fiscal Note 
Future biennium cost increase - General Fund 
Fiscal Detail and Notes 
Requiring the Commissioner of Education to recommend an increase to the debt ceiling effective in fiscal year 2011-
to create a pool of available resources for the innovative model in addition to what is available for new school 
construction projects that are prioritized and selected under current guidelines will increase the total state and local 
cost ofK-12 public education in future biennia. The amount can not be determined at this time. 
Additional costs to the State Board of Education associated with making the required changes to portions of Chapter 
can be absorbed within existing budgeted resources. 
LR0655(02) - Fiscal Note - Page 1 of 1