An Act To Improve Educational Outcomes for Students in Poverty in Maine's Public Schools
Maine Legislature, Session 126, LD 1638
Committee: Education and Cultural Affairs
Sponsors: GRATWICK, BERRY, ALFOND, COOPER, GRANT, JORGENSEN, KORNFIELD, KUSIAK, SAUCIER
Amends: 20-A MRSA §6053, 20-A MRSA §15671, 20-A MRSA §15672, 20-A MRSA §15676

Legislative Document 
No. 1638 
S.P. 629 
In Senate, December 23, 2013 
An Act To Improve Educational Outcomes for Students in Poverty 
in Maine's Public Schools 
(EMERGENCY) 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203. 
Received by the Secretary of the Senate on December 23, 2013.  Referred to the Committee 
on Education and Cultural Affairs pursuant to Joint Rule 308.2 and ordered printed. 
DAREK M. GRANT 
Secretary of the Senate 
Presented by Senator GRATWICK of Penobscot. 
Cosponsored by Representative BERRY of Bowdoinham and 
Senator: President ALFOND of Cumberland, Representatives: COOPER of Yarmouth, 
GRANT of Gardiner, JORGENSEN of Portland, KORNFIELD of Bangor, KUSIAK of 
Fairfield, McCABE of Skowhegan, SAUCIER of Presque Isle. 
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, this legislation needs to take effect before the expiration of the 90-day 
period in order for school administrative units to know the level of school funding they 
will receive so they can develop their budgets in a timely fashion; 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 §6053 is enacted to read: 
§6053.  Department may audit school administrative units for compliance with 
federal law 
The department may audit a school administrative unit that receives funds under Title 
I of the federal Elementary and Secondary Education Act of 1965, 20 United States Code, 
Section 6301 et seq. to ensure that these funds are expended in compliance with federal 
law.  Such an audit may include a determination by the department of whether these 
funds were used by the school administrative unit to strengthen the core academic 
program in the school administrative unit; increase the amount and quantity of learning 
time, such as by providing an extended school year and before-school, after-school and 
summer programs; and assist in providing an enriched and accelerated curriculum. 
Sec. 2.  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. 3.  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. 4.  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. 5.  20-A MRSA §15676, sub-§§1 and 2, as corrected by RR 2011, c. 2, §19, 
are 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 I of the federal Elementary and Secondary Education Act of 1965, 20 United States 
Code, Section 6301 et seq.; 
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 I of the federal 
Elementary and Secondary Education Act of 1965, 20 United States Code, Section 6301 
et seq.; and 
Sec. 6.  Appropriations and allocations.  The following appropriations and 
allocations are made. 
EDUCATION, DEPARTMENT OF  
General Purpose Aid for Local Schools 0308 
Initiative: Provides ongoing funds to support the increase in the cost of providing 
essential programs and services to students in kindergarten to grade 12 as a result of the 
adjustment of Title I federal funds being removed from the calculation of teaching and 
other staff costs within the essential programs and services model. 
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
SUMMARY 
This bill removes provisions that require the amount of a school administrative unit's 
state contribution to be reduced by the amount that school administrative unit receives in 
federal Title I funds.  It removes references pertaining to the allocation of federal 
resources from the Essential Programs and Services Funding Act. 
It also allows the Department of Education to audit a school administrative unit that 
receives federal Title I funds to ensure that these funds are expended in compliance with 
federal law. 
It contains an appropriations section to provide funds to support the increase in the 
cost of providing essential programs and services to students in kindergarten to grade 12 
as a result of the adjustment of federal Title I funds being removed from the calculation 
of teaching and other staff costs within the essential programs and services model. 
GENERAL FUND 
2013-14
2014-15
All Other 
$0
$40,270,845
GENERAL FUND TOTAL 
$0
$40,270,845