Resolve, To Examine Unfunded Mandates in the Education Laws and To Recommend Unfunded Mandates To Be Eliminated
Maine Legislature, Session 127, LD 0793
Committee: Education and Cultural Affairs
Sponsors: McCLELLAN, HUBBELL, MAKER, PETERSON, STEARNS

Legislative Document 
No. 793 
H.P. 542 
House of Representatives, March 10, 2015 
Resolve, To Examine Unfunded Mandates in the Education Laws 
and To Recommend Unfunded Mandates To Be Eliminated 
(EMERGENCY) 
Reference to the Committee on Education and Cultural Affairs suggested and ordered 
printed. 
ROBERT B. HUNT 
Clerk 
Presented by Representative McCLELLAN of Raymond. 
Cosponsored by Representatives: HUBBELL of Bar Harbor, MAKER of Calais, PETERSON 
of Rumford, STEARNS of Guilford. 
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 work group established in this resolve must begin its work as soon as 
possible in order to examine unfunded mandates and bureaucratic impediments identified 
in a number of reports and determine which ones should be addressed as a matter of 
priority; 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.  Work group established.  Resolved:  That a work group to examine 
unfunded mandates in the education laws is established; and be it further 
Sec. 2.  Work group membership.  Resolved:  That the work group consists of 
the following 3 members: 
1.  One Senator appointed by the President of the Senate; 
2.  One member of the House of Representatives appointed by the Speaker of the 
House of Representatives; and 
3.  The Executive Director of the Maine School Management Association or the 
executive director's designee; and be it further 
Sec. 3.  Chair.  Resolved:  That the member of the House of Representatives is the 
chair of the work group; and be it further 
Sec. 4.  Appointments; convening of work group.  Resolved:  That all 
appointments must be made no later than 10 days following the effective date of this 
resolve. The appointing authorities shall notify the Executive Director of the Legislative 
Council once all appointments have been made.  The chair of the work group shall call 
and convene the first meeting of the work group within 15 days of the effective date of 
this resolve.  If a majority of but not all appointments have been made within 10 days of 
the effective date of this resolve, the chair may request authority and the Legislative 
Council may grant authority for the work group to meet and conduct its business; and be 
it further 
Sec. 5.  Duties.  Resolved:  That the work group shall review the following 3 
reports: 
1.  Unfunded Education Mandates:  A report to the Joint Standing Committee on 
Education and Cultural Affairs by the Maine Department of Education (January 2014); 
2.  Current Statutes that Create Barriers for School System Leadership:  Initial Report 
and Recommendations to the Commissioner of Education by the Red Tape Group (April 
15, 2011); and 
3.  Unfunded State Mandates and Other Education Requirements:  Report to the Joint 
Standing Committee on Education by Susan A. Gendron, Commissioner of Education 
(February 18, 2009). 
The work group shall examine the unfunded mandates and bureaucratic impediments 
identified in these reports and determine which ones have been addressed, which ones 
still exist and which ones should be addressed as a matter of priority.  The work group 
shall make recommendations as to how to best address those unfunded mandates and 
bureaucratic impediments determined to be priorities; and be it further 
Sec. 6.  Staff assistance.  Resolved:  That the Legislative Council may provide 
necessary staffing services to the work group; and be it further 
Sec. 7.  Report.  Resolved:  That, no later than December 2, 2015, the work group 
shall submit a report that includes its findings and recommendations, including suggested 
legislation, to the Joint Standing Committee on Education and Cultural Affairs in the 
authorized to submit a bill related to the report to the Second Regular Session of the 
127th Legislature. 
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
SUMMARY 
This resolve establishes a work group to examine unfunded mandates in the 
education laws.  The work group is charged with reviewing 3 reports on unfunded 
education mandates and determining which unfunded mandates have been addressed, 
which ones still exist and which ones should be addressed as a matter of priority.  The 
work group is required to make recommendations as to how to best address those 
unfunded mandates determined to be priorities and report to the Joint Standing 
Committee on Education and Cultural Affairs no later than December 2, 2015.  The joint 
standing committee may submit a bill related to the report to the Second Regular Session 
of the 127th Legislature.