An Act To Remove All Federal Funding from Inclusion in the Essential Programs and Services Funding Formula
Maine Legislature, Session 125, LD 0886
Committee: Education and Cultural Affairs
Sponsors: HARVELL
Amends: 20-A MRSA §15671, 20-A MRSA §15672, 20-A MRSA §15676

Legislative Document 
No. 886 
H.P. 653 
House of Representatives, March 7, 2011 
An Act To Remove All Federal Funding from Inclusion in the 
Essential Programs and Services Funding Formula 
Reference to the Committee on Education and Cultural Affairs suggested and ordered 
printed. 
HEATHER J.R. PRIEST 
Clerk 
Presented by Representative HARVELL of Farmington. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  20-A MRSA §15671, first ¶, as enacted by PL 2001, c. 660, §1, is 
amended to read: 
Essential programs and services are those educational resources that are identified in 
this chapter for all students to meet the standards in the 8 content standard subject areas 
of the system of learning results established in chapter 222.  In order to achieve this 
system of learning results, school funding based on essential programs and services must 
be available in all schools on an equitable basis.  Essential programs and services utilize 
resources including federal funds that are currently provided or could be adapted to 
implement a system of learning results, as well as additional resources that are also 
needed to ensure that these programs and services are available to all students.  These 
essential programs and services must provide the basis for the system of school funding 
no later than 2007-08.  School funding must be adequate to fully provide for all of the 
staffing and other material resource needs of the essential programs and services 
identified by the Legislature. 
Sec. 2.  20-A MRSA §15671, sub-§1, as amended by PL 2005, c. 2, Pt. D, §32 
and affected by §§72 and 74 and c. 12, Pt. WW, §18, is further amended to read: 
1.  State and local partnership.  The State and each local school administrative unit 
are jointly responsible for contributing to the cost of the components of essential 
programs and services described in this chapter.  Except as otherwise provided in this 
subsection, for each fiscal year, the total cost of the components of essential programs 
and services may not exceed the prior fiscal year's costs multiplied by one plus the 
average real personal income growth rate as defined in Title 5, section 1665, subsection 
1, except that in no case may that rate exceed 2.75%.  For fiscal years commencing after 
the state tax burden ranks in the middle 1/3 of all states, as calculated and certified by the 
State Tax Assessor, the total cost of the components of essential programs and services 
may not exceed the prior fiscal year's costs multiplied by one plus the average real 
personal income growth rate as defined in Title 5, section 1665, subsection 1.  The 
Legislature, by an affirmative vote of each House, may exceed the limitations on 
increases in the total cost of the components of essential programs and services provided 
in this subsection, as long as that vote is taken upon legislation stating that it is the 
Legislature's intent to override the limitation for that fiscal year.  The state contribution to 
the cost of the components of essential programs and services, exclusive of federal funds 
that are provided and accounted for in the cost of the components of essential programs 
and services, must be made in accordance with this subsection: 
A.    The level of the state share of funding attributable to the cost of the components 
of essential programs and services must be at least 50% of eligible state and local 
General Fund education costs statewide, no later than fiscal year 2006-07; and 
B.    By fiscal year 2008-09 the state share of the total cost of funding public 
education from kindergarten to grade 12, as described by essential programs and 
services, must be 55%.  Beginning in fiscal year 2005-06 and in each fiscal year until 
fiscal year 2008-09, the state share of essential programs and services described costs 
must increase toward the 55% level required in fiscal year 2008-09. 
Beginning in fiscal year 2005-06 and in each fiscal year thereafter, the commissioner 
shall use the funding level determined in accordance with this section as the basis for a 
recommended funding level for the state share of the cost of the components of essential 
programs and services. 
Sec. 3.  20-A MRSA §15672, sub-§32-A, ¶C, as enacted by PL 2005, c. 2, Pt. D, 
§36 and affected by §§72 and 74 and c. 12, Pt. WW, §18, is repealed. 
Sec. 4.  20-A MRSA §15676, sub-§1, as amended by PL 2005, c. 2, Pt. D, §39 
and affected by §§72 and 74 and c. 12, Pt. WW, §18, is further amended to read: 
1.  Teaching staff costs.  The salary and benefit costs for school level teaching staff 
that are necessary to carry out this Act, calculated in accordance with section 15678, 
adjusted by the regional adjustment under section 15682 and reduced by the amount of 
funds received by the school administrative unit during the most recent fiscal year under 
Title 1 of the federal Elementary and Secondary Act of 1965, 20 United States Code, 
Section 6301 et seq.; 
Sec. 5.  20-A MRSA §15676, sub-§2, as amended by PL 2005, c. 2, Pt. D, §39 
and affected by §§72 and 74 and c. 12, Pt. WW, §18, is further amended to read: 
2.  Other staff costs.  The salary and benefit costs for school-level school level staff 
who are not teachers, but including substitute teachers, that are necessary to carry out this 
Act, calculated in accordance with section 15679, adjusted by the regional adjustment 
under section 15682 and reduced by the amount of funds received by the school 
administrative unit during the most recent fiscal year under Title 1 of the federal 
Elementary and Secondary Act of 1965, 20 United States Code, Section 6301 et seq.; and 
SUMMARY 
This bill removes all references pertaining to the allocation of federal resources from 
the statutory provisions of the Essential Programs and Services Funding Act.