An Act To Amend and Clarify Certain Education Laws
Maine Legislature, Session 126, LD 0485
Committee: Education and Cultural Affairs
Sponsors: JOHNSON, LANGLEY, MAKER
Amends: 20-A MRSA §1466, 20-A MRSA §6051, 20-A MRSA §15672, 20-A MRSA §15901, 20-A MRSA §15904, 20-A MRSA §15905, 20-A MRSA §15909, 20-A MRSA §8601-A, 20-A MRSA §8602-B, 20-A MRSA §8607-A, 20-A MRSA §13025

Legislative Document 
No. 485 
H.P. 335 
House of Representatives, February 14, 2013 
An Act To Amend and Clarify Certain Education Laws 
Submitted by the Department of Education pursuant to Joint Rule 204. 
Reference to the Committee on Education and Cultural Affairs suggested and ordered 
printed. 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative JOHNSON of Greenville. 
Cosponsored by Senator LANGLEY of Hancock and 
Representative: MAKER of Calais. 
Be it enacted by the People of the State of Maine as follows: 
PART A 
Sec. A-1.  20-A MRSA §1466, sub-§5, ¶D, as enacted by PL 2009, c. 580, §9, is 
amended to read: 
D.  In a warrant under paragraph C, the municipal officers shall direct that the polls 
are to be open at by 10 a.m. and remain open until 8 p.m. 
Sec. A-2.  20-A MRSA §1466, sub-§13, as amended by PL 2011, c. 678, Pt. J, 
§4, is further amended to read: 
13.  Determination of results; execution of agreement.  If Except for a school 
administrative district that was reformulated as a regional school unit pursuant to Public 
Law 2007, chapter 240, Part XXXX, section 36, subsection 12, if the commissioner finds 
that a majority of the voters voting on the article has voted in the affirmative and the total 
number of votes cast for and against the article equal or exceed 50% of the total number 
of votes cast in the municipality for Governor at the last gubernatorial election, the 
commissioner shall notify the municipal officers and the regional school unit board to 
take steps for the withdrawal in accordance with the terms of the agreement for 
withdrawal.  For a municipality that is part of a school administrative district that was 
reformulated as a regional school unit pursuant to Public Law 2007, chapter 240, Part 
XXXX, section 36, subsection 12, if the commissioner finds that at least 2/3 of the votes 
validly cast in the municipality are in the affirmative, the commissioner shall notify the 
municipal officers and the regional school unit board to take steps for the withdrawal in 
accordance with the terms of the agreement for withdrawal. 
This subsection is repealed January 1, 2015. 
Sec. A-3.  20-A MRSA §6051, sub-§1, ¶I, as amended by PL 2011, c. 678, Pt. 
A, §3, is further amended to read: 
I.  A determination of whether the school administrative unit has exceeded its 
authority to expend funds, as provided by the total budget summary article; and 
Sec. A-4.  20-A MRSA §6051, sub-§1, ¶J, as enacted by PL 2011, c. 678, Pt. A, 
§4, is amended to read: 
J.  A determination of whether the school administrative unit has complied with the 
applicable provisions of the unexpended balances requirements established under 
section 15004.; and 
Sec. A-5.  20-A MRSA §6051, sub-§1, ¶K is enacted to read: 
K.  A schedule of expenditures of federal awards. 
PART B 
Sec. B-1.  20-A MRSA §15672, sub-§2-A, ¶A, as enacted by PL 2005, c. 2, Pt. 
D, §36 and affected by §§72 and 74 and c. 12, Pt. WW, §18, is amended to read: 
A.  Principal and interest costs for approved major capital projects in the allocation 
year, including the initial local share of school construction projects that received 
voter approval for all or part of their funding in referendum in fiscal year 1984-85, 
but excluding payments made with funds from state and local government accounts 
established under the federal Internal Revenue Code and regulations for disposition 
of excess, unneeded proceeds of bonds issued for a school project and excluding any 
principal and interest costs attributable to a school closed for lack of need pursuant to 
chapter 202; 
Sec. B-2.  20-A MRSA §15901, sub-§1, ¶D, as enacted by PL 1981, c. 693, §§5 
and 8, is amended to read: 
D.  The state board's intent to issue final design and funding approval subject to a 
favorable local vote and approval of final cost estimates. 
Sec. B-3.  20-A MRSA §15901, sub-§1-A is enacted to read: 
1-A.  Design and funding approval.  "Design and funding approval" means 
approval by the state board indicating that a school construction project's drawings and 
specifications have been developed to 100% completion, the project has gained the 
recommendations of the department and the school administrative unit is authorized to 
seek bids for the work.  
Sec. B-4.  20-A MRSA §15904, first ¶, as amended by PL 1985, c. 248, §3, is 
further amended to read: 
Prior to final design and funding approval by the state board, a school construction 
project, except a small scale school construction project as defined in section 15901, 
subsection 4-A, must receive a favorable vote conducted in accordance with the 
following. 
Sec. B-5.  20-A MRSA §15905, sub-§3, as amended by PL 2011, c. 678, Pt. D, 
§1, is further amended to read: 
3.  Certificate of approval.  A certificate of approval must be issued by the 
commissioner for each project approved for which design and funding approval has been 
given by the state board.  The certificate must bear the amount approved for subsidy and 
other stipulations or conditions.  The certificate must be signed by the commissioner and 
is conclusive evidence of the facts stated on it. 
Sec. B-6.  20-A MRSA §15909, sub-§§5 and 6, as enacted by PL 2011, c. 678, 
Pt. A, §8, are amended to read: 
5.  Records.  Financial All records and accounts for a school construction project 
must be kept for 7 years after the final audit compliance review. 
6.  Compliance review.  Financial All records and accounts for state-funded school 
construction projects must be audited reviewed for compliance by department staff or 
certified public accountants contracted by under contract with the department. 
PART C 
Sec. C-1.  20-A MRSA §8601-A, sub-§1, as repealed and replaced by PL 2011, 
c. 517, §1, is amended to read: 
1.  Adult education.  "Adult education" means an education program primarily 
operated for individuals beyond the compulsory school age that is administered by school 
administrative units through a career pathways and service system and that, except as 
provided in section 8602-B, includes intake, assessment, career advising, instruction and 
individual learning plans; is guided by data management and analysis, annual monitoring 
and annual professional development plans; uses appropriately certified staff; is designed 
to meet identified local needs; makes use of partnerships and alignment with workforce 
development, postsecondary institutions and support services; and offers at least 3 of the 
following: 
A.  Basic literacy instruction or instruction in English as a Second Language; 
B.  High school completion courses; 
C.  College transition courses; 
D.  Career pathways services; and 
E.  Enrichment courses.; 
F.  Adult workforce training and retraining; and 
G.  Adult career and technical education. 
Sec. C-2.  20-A MRSA §8601-A, sub-§14, ¶¶B and C, as amended by PL 
2011, c. 517, §5, are further amended to read: 
B.  Supplemental learners, who are adults pursuing courses or activities that are 
related, in a clear and applicable manner, to current full-time or part-time 
employment or wage-earning activities; and 
C.  Certificate learners, who are adults participating in a sequence of courses that 
provide individuals with the academic and technical knowledge and skills that 
individuals need to prepare for further education and careers in current or emerging 
employment sectors, including the skills and training and work credential programs 
conducted under the auspices of the boards of the local workforce investment areas 
designated pursuant to the federal Workforce Investment Act of 1998, Public Law 
105-220, and the department; and. 
Sec. C-3.  20-A MRSA §8601-A, sub-§14, ¶D, as enacted by PL 2011, c. 517, 
§5, is repealed. 
Sec. C-4.  20-A MRSA §8601-A, sub-§22, as enacted by PL 2011, c. 517, §6, is 
repealed. 
Sec. C-5.  20-A MRSA §8602-B is enacted to read: 
§8602-B.  Regions 
Notwithstanding the other provisions of this chapter, a region may offer adult 
education courses only if those courses are included within adult career and technical 
education and adult workforce training and retraining.  A region offering adult education 
courses under this chapter shall perform intake and data management functions in the 
same manner as a school administrative unit as provided under section 8601-A, 
subsection 1. 
Sec. C-6.  20-A MRSA §8607-A, sub-§7, as corrected by RR 2007, c. 1, §10, is 
amended to read: 
7.  Other administrative costs.  Other administrative costs, including program 
promotion and related publicity, mailing and postage and telephone expenses for courses 
and programs described in subsections 2 to 5, 8 and 9, are reimbursed at the rate of 50% 
of these costs.  The cost of interpreters for deaf students and deaf adult learners and the 
cost of translators for students and adult learners with limited English proficiency are 
reimbursed at the rate of 75% of these costs but only as a payment of last resort after the 
otherwise valid obligations of insurers or other 3rd parties to provide or pay for these 
services have been exhausted. 
PART D 
Sec. D-1.  20-A MRSA §13025 is enacted to read: 
§13025.  Investigations 
When conducting an investigation relating to the certification of teachers and other 
professional personnel under this chapter and rules of the state board, the commissioner 
may issue subpoenas for education records relevant to that investigation. 
SUMMARY 
This bill amends and clarifies certain education laws. 
Part A amends and clarifies requirements for the withdrawal of a municipality from a 
regional school unit and provides that annual audits must include a schedule of 
expenditures of federal funds. 
Part B:  
1.  Amends and clarifies allowable debt service costs for state-funded school 
construction projects and repeals obsolete language; 
2.  Clarifies when design and funding approval by the State Board of Education is 
granted; 
3.  Clarifies that a local school unit will be notified by the Commissioner of 
Education only after any approved vote has been considered by the State Board of 
Education; and 
4.  Clarifies statutory language requiring the compliance review of state-funded 
school construction projects. 
Part C: 
1.  Revises the definition of "adult education" to provide that adult education 
programs must be provided through a career pathways and service system and to include 
adult workforce training and retraining and adult career and technical education in the list 
of adult education courses; 
2.  Provides that career and technical education regions may offer only adult career 
and technical education and adult workforce training and retraining courses and must 
perform intake and data management functions; 
3.  Removes career pathways learners from the list of learners served by adult 
workforce training and retraining; 
4.  Repeals the definition of "career pathways services" as a separate service as it has 
now been integrated as part of the overall definition of "adult education"; and 
5.  Includes college transition courses and adult workforce training and retraining 
among other administrative costs for the purpose of reimbursement. 
Part D authorizes the Commissioner of Education to issue subpoenas for education 
records relevant to an investigation regarding the certification of educational personnel.