Resolve, To Direct the Department of Education To Review the Essential Programs and Services Model
Maine Legislature, Session 125, LD 0958
Committee Amendment CA_A_H604 (House)

COMMITTEE AMENDMENT "A " 
to H.P. 702, L.D. 958, "Resolve, To Direct the 
Department of Education To Review the Essential Programs and Services Model" 
Amend the resolve by striking out the title and substituting the following: 
'Resolve, To Direct the Department of Education To Contract for an Independent 
Review of the Essential Programs and Services Model' 
Amend the resolve by striking out everything after the title and before the summary 
and inserting the following: 
'Sec. 1. 
Department of Education; review of essential programs and 
services model. Resolved: That the Department of Education, referred to in this 
resolve as "the department," shall enter into a contract for an independent review of the 
Essential Programs and Services Funding Act established under the Maine Revised 
Statutes, Title 20-A, chapter 606-B through a request for proposal process that awards a 
contract to a qualified research entity as set forth in this resolve. The review of the school 
funding formula must be designed to provide the Legislature with an objective and 
comprehensive policy implementation analysis that includes but is not limited to the 
following: 
1. An analysis of whether the original intent of the essential programs and services 
model is being met and whether the essential programs and services school funding 
formula is providing an amount of funding, including the state share of general purpose 
aid for local schools, adequate to meet the actual cost of providing kindergarten to grade 
public education programs; 
2. An assessment of the effect of the essential programs and services school funding 
formula on the member municipalities of school administrative units whose property 
fiscal capacity is above, below or equivalent to the statewide average property fiscal 
capacity of school administrative units in the State; and 
3. An assessment of the impact of recent laws enacting changes to the essential 
programs and services school funding formula and the phase-in· of the percentage of the 
State's share of general purpose aid for local schools; and be it further 
COMMITTEE AMENDMENT 
",. d. <:,. 
COMMITTEE AMENDMENT" A" to H.P. 702, L.D. 958 
Sec. 2. Legislative review. Resolved: 
That, within 30 days following the 
effective date of this resolve and prior to publishing the request for proposals as set forth 
in section 4, the Commissioner of Education shall mail to the Joint Standing Committee 
on Education and Cultural Affairs a draft proposal of the standards and qualifications 
proposed to be included in the request for proposals. The Joint Standing Committee on 
Education and Cultural Affairs is not authorized to meet to review the draft proposal. 
Within 15 days of receiving the draft proposal, the members of the joint standing 
committee shall provide the commissioner with their written or oral appraisal of the 
strengths and weaknesses of the draft proposal of the standards and qualifications. The 
commissioner shall consider the responses of the members of the joint standing 
committee prior to publishing the request for proposals as set forth in section 4; and be it 
further 
Sec. 3. Authorization. Resolved: That, notwithstanding any other provision of 
law and after the Commissioner of Education has complied with section 2, the department 
may solicit and receive proposals to conduct a review of the essential programs and 
services funding model. 
The department may review proposals and enter into an 
agreement with a qualified research entity in accordance with the provisions of this 
resolve; and be it further 
Sec. 4. Request for proposals; standards and selection process. Resolved: 
That the department shall develop a request for proposals and selection process that 
includes standards and other qualifications that the department determines necessary to 
select a research entity to conduct an objective and independent review of the essential 
programs and services school funding formula. 
1. The standards and other qualifications must include but are not limited to the 
financial, technical and operational capacity of the research entity to conduct state-level 
education policy research and fiscal analysis as demonstrated by the professional 
experience and expertise of the research entity and its researchers. 
2. 
No later than December 1, 2011, the department shall solicit proposals by 
publishing a notice of the request for proposals on the department's publicly accessible 
website and through advertisements in 2 or more public newspapers circulated wholly or 
in part in the State. The notice must provide that the department will accept, for 45 days 
after the initial date of publication, proposals from qualified research entities that meet 
the standards established by the department. A copy of the notice must be mailed to the 
members of the Joint Standing Committee on Education and Cultural Affairs. 
3. After a proposal or proposals have been received and any public notification 
period has expired, the department shall rank the proposals in order of preference. In 
ranking the proposals, the department may consider factors that include, but are not 
limited to, professional qualifications, general contracting terms, rigorous approaches to 
policy and fiscal analyses and the need for state funds to deliver the project and discharge 
the agreement. The department shall undertake negotiations with the research entity 
submitting the first-ranked proposal. If the department is not satisfied with the results of 
the negotiations, the department may, at its sole discretion, terminate negotiations with 
that entity and may negotiate with the other entities in order of the ranking of their 
proposals. If only one proposal is received, the department shall negotiate in good faith 
COMMITTEE AMENDMENT 
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~fO. 
COMMITTEE AMENDMENT ,,~ "to H.P. 702, L.D. 958 
and, if the department is not satisfied with the results of the negotiations, the department 
may, at its sole discretion, terminate negotiations. 
4. If the department determines that a proposal and agreement meets the standards 
and qualifications developed pursuant to this section, the department shall authorize the 
agreement. 
5. 
Except for the name and mailing address of a research entity that submits a 
proposal, all records, notes, summaries, working papers, plans, interoffice and intraoffice 
memoranda or other materials prepared, used or submitted in connection with a proposal 
considered under this section are confidential and not subject to public review until the 
department determines that the proposal meets the standards of this section or until the 
proposal is finally rejected by the department. 
6. By February 15, 2012, the department shall provide to the members of the Joint 
Standing Committee on Education and Cultural Affairs a report summarizing all 
proposals that the department has determined meet the standards of this section or that 
have been finally rejected and to inform the joint standing committee about the agreement 
as finalized; and be it further 
Sec. 5. Report. Resolved: That the Commissioner of Education shall present a 
report of the results of the independent review to the joint standing committee of the 
Legislature having jurisdiction over education and cultural affairs by January 31,2013. 
The joint standing committee may submit a bill relating to the report to the First Regular 
Session ofthe 126th Legislature; and be it further 
Sec. 6. 
Appropriations and allocations. Resolved: 
That the following 
appropriations and allocations are made. 
EDUCATION, DEPARTMENT OF 
General Purpose Aid for Local Schools 0308 
Initiative: Provides one-time funds for an independent review of the Essential Programs 
and Services Funding Act. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
SUMMARY 
2011-12 
$600,000 
$600,000 
2012-13 
$0 
$0 
This amendment replaces the resolve with a resolve that directs the Department of 
Education to enter into a contract for an independent review of the Essential Programs 
and Services Funding Act through a request for proposal process that awards a contract to 
a qualified research entity. The Department of Education is required to provide a report 
of the results of the independent review to the joint standing committee of the Legislature 
having jurisdiction over education and cultural affairs by January 31, 2013. The joint 
standing committee is authorized to submit a bill relating to the report to the First Regular 
COMMITTEE AMENDMENT 
". 
<j.. ~. 
COMMITTEE AMENDMENT "A "to H.P. 702, L.D. 958 
Session of the 126th Legislature. 
The amendment also adds an appropriations and 
allocations section. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 06108111 
?paC':-
LD958 
LR 1802(02) 
Resolve, To Direct the Department of Education To Review the Essential Programs and Services 
Model 
Fiscal Note for Bill as Amended by Committee Amendment ,,~, 
Committee: Education and Cultural Affairs 
Fiscal Note Required: Yes 
Fiscal Note 
FY 2011-12 
FY 2012-13 
Projections 
FY 2013-14 
Projections 
FY 2014-15 
Net Cost (Savings) 
General Fund 
Appropriations/Allocations 
General Fund 
Fiscal Detail and Notes 
$600,000 
$600,000 
$0 
$0 
$0 
$0 
This bill includes a one-time General Fund appropriation of $600,000 in fiscal year 2011-12 to the General Purpose 
Aid for Local Schools program within the Department of Education for the cost of contracting for an independent 
review of the Essential Program and Services Funding Act. 
LRI802(02) - Fiscal Note - Page 1 of 1 
$0 
$0