An Act To Provide for the Equitable Reimbursement of Schools Operated by the State in the Unorganized Territory
Maine Legislature, Session 125, LD 0635
Committee: Education and Cultural Affairs
Sponsors: CROCKETT, SAVIELLO, GIFFORD, JOHNSON
Amends: 20-A MRSA §3304

Legislative Document 
No. 635 
H.P. 465 
House of Representatives, February 17, 2011 
An Act To Provide for the Equitable Reimbursement of Schools 
Operated by the State in the Unorganized Territory 
(EMERGENCY) 
Reference to the Committee on Education and Cultural Affairs suggested and ordered 
printed. 
HEATHER J.R. PRIEST 
Clerk 
Presented by Representative CROCKETT of Bethel. 
Cosponsored by Senator SAVIELLO of Franklin and 
Representatives: GIFFORD of Lincoln, JOHNSON of Greenville. 
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, the Maine Revised Statutes, Title 20-A, section 3304 allows a school 
administrative unit to arrange for a student who resides in the school administrative unit 
to attend a school maintained by the State in the unorganized territory; and 
Whereas, the actual per-pupil expenditure for a school in the unorganized territory 
is typically greater than the amount of per-pupil tuition charges that the law requires to be 
paid by a sending school administrative unit for a tuition student who attends a school 
maintained by the State in the unorganized territory; and 
Whereas, the requirements of the current law pertaining to the tuition charges that 
are provided to a school in the unorganized territory place an undue burden on the 
property taxpayers in the unorganized territory; and 
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 §3304, sub-§1-A, as amended by PL 2005, c. 115, §1, is 
further amended to read: 
1-A.  Charges.  The per pupil tuition charge must be an amount equal to the state 
average expenditure per elementary pupil during the preceding year, as determined 
annually by the commissioner pursuant to section 5804, or the receiving school 
administrative unit's actual expenditure per elementary pupil for the preceding year as 
calculated by the commissioner, whichever is less greater. 
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
SUMMARY 
This bill provides that the tuition rate that is charged by the Commissioner of 
Education to a school administrative unit that sends a student to a school maintained by 
the State in the unorganized territory must be an amount equal to the state average 
expenditure per elementary pupil as determined by the commissioner pursuant to the 
Maine Revised Statutes, Title 20-A, section 5804 or the actual expenditure per 
elementary pupil calculated by the commissioner for the receiving school administrative 
unit in the unorganized territory, whichever is greater.