Resolve, To Review the Impact of Unfunded Education Mandates and Evaluate the Efficacy of Education Laws
Maine Legislature, Session 126, LD 0944
Committee: Education and Cultural Affairs
Sponsors: LANGLEY, POULIOT, BURNS, MASON, SAVIELLO, THOMAS, VALENTINO, WHITTEMORE, DAUGHTRY

Legislative Document 
No. 944 
S.P. 322 
In Senate, March 12, 2013 
Resolve, To Review the Impact of Unfunded Education Mandates 
and Evaluate the Efficacy of Education Laws 
(EMERGENCY) 
Reference to the Committee on Education and Cultural Affairs suggested and ordered 
printed. 
DAREK M. GRANT 
Secretary of the Senate 
Presented by Senator LANGLEY of Hancock. 
Cosponsored by Representative POULIOT of Augusta and 
Senators: BURNS of Washington, MASON of Androscoggin, SAVIELLO of Franklin, 
THOMAS of Somerset, VALENTINO of York, WHITTEMORE of Somerset, Representative: 
DAUGHTRY of Brunswick. 
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 enactment of unfunded education mandates and other provisions of 
federal and state education laws may result in adverse fiscal effects on school 
administrative units in the State, which are obligated to implement the new federal or 
state requirements without receiving the funding necessary to do so; and 
Whereas, the economic consequences of the recent economic recession have 
reduced the amount of Federal Government and State Government revenues that are 
available to support the operations of public schools in the State and have affected the 
ability of local property taxpayers to bear the financial burden of unfunded education 
mandates on school administrative units in the State; and 
Whereas, the task force proposed by this resolve must begin its work as soon as 
possible in order to recommend legislation to repeal or modify education provision that 
are archaic or unnecessary, lack a significant public purpose, require a disproportionate 
financial effort for the intended public policy benefit or result in adverse affects on school 
administrative units and career and technical regions in the State; 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 
Sec. 1.  Commissioner to convene task force.  Resolved:  That the 
Commissioner of Education shall convene a task force to review the impact of unfunded 
education mandates on school administrative units and career and technical regions in the 
State and to evaluate the efficacy of current education laws; and be it further 
Sec. 2.  Task force membership. Resolved:  That the task force convened under 
section 1 must include teachers, administrators and parents and may include other 
persons, or representatives of groups or entities that have financial expertise and 
experience with the public education system in the State.  The Commissioner of 
Education shall invite the following education stakeholder groups to appoint 
representatives to serve as members of the task force: 
1. The State Board of Education; 
2. The Maine Education Association; 
3. The Maine Principals' Association; 
4. The Maine School Boards Association; 
5. The Maine School Superintendents Association; 
6. The Maine Association of School Business Officials; 
7. The Maine Administrators of Career and Technical Education; 
8. The Maine Administrators of Services for Children with Disabilities; and 
9. The Maine Parent Teacher Association; and be it further 
Sec. 3.  Task force duties.  Resolved:  That the task force convened under 
section 1 shall review unfunded education mandates and other requirements of education 
laws, including any relevant provisions of federal laws and the Maine Revised Statutes.  
The review conducted by the task force must include, but is not limited to: 
1.  An analysis of the Department of Education report titled "Unfunded State 
Mandates and Other Education Requirements" that was submitted on February 18, 2009 
to the Joint Standing Committee on Education and Cultural Affairs in accordance with 
the requirements of Public Law 2007, chapter 240, Part XXXX, section 45; 
2.  An evaluation of unfunded education mandates that were enacted since the report 
described in subsection 1 was submitted to the 124th Maine Legislature in order to 
determine their impact on school administrative units and career and technical regions; 
3.  A review of education requirements that have been enacted during the last 10 
years but have not been implemented due to the lack of funding appropriated by the 
Legislature, including initiatives that were adopted as part of budget bills and other 
legislation that resulted in the temporary reduction or elimination of funding for school 
administrative units and career and technical regions; 
4.  An examination of the need for unfunded education mandates and an analysis of 
whether unfunded education mandates implement education initiatives that contribute to 
the promotion of future student performance and academic success or contribute to the 
prevention of future school dropouts and juvenile delinquencies; 
5.  A review of alternative funding mechanisms or solutions proposed or adopted in 
other states and jurisdictions to address the adverse effect of unfunded education 
mandates on public school systems; and 
6.  An identification of the unfunded education mandates and other education 
requirements that lack a significant public purpose, require a disproportionate financial 
effort for the intended public policy benefit, result in adverse effects on school 
administrative units or are found to be archaic, unnecessary or are no longer considered to 
be a priority with respect to the evolving public education system in the State; and be it 
further 
Sec. 4.  Task force report.  Resolved:  That the Commissioner of Education 
shall report the task force's findings, including any proposed legislation, to the Joint 
Standing Committee on Education and Cultural Affairs by January 10, 2014.  The 
committee is authorized to submit a bill related to the report to the Second Regular 
Session of the 126th Legislature. 
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
SUMMARY 
This resolve directs the Commissioner of Education to establish a task force to review 
the effect of unfunded education mandates on school administrative units and career and 
technical regions in the State and to evaluate the efficacy of current education laws.  The 
commissioner is directed to submit a report of the task force's findings and any suggested 
legislation to the Joint Standing Committee on Education and Cultural Affairs by January 
10, 2014.  The committee may submit a bill related to the report to the Second Regular 
Session of the 126th Legislature.