An Act To Adjust Appropriations and Allocations from the General Fund and Other Funds for the Expenditures of the Department of Education, the Maine Arts Commission and the Maine State Museum and To Change Certain Provisions of the Law Necessary to the Proper Operations of State Government for the Fiscal Year Ending June 30, 2015
Maine Legislature, Session 127, LD 0235
Committee: Appropriations and Financial Affairs
Sponsors: ROTUNDO, HAMPER
Amends: 20-A MRSA §2413, 20-A MRSA §2413-A, 20-A MRSA §15683-B, 20-A MRSA §15689-B, 20-A MRSA §15689-C, 20-A MRSA §15689-D, 20-A MRSA §15689-E

Legislative Document 
No. 235 
H.P. 167 
House of Representatives, February 3, 2015 
An Act To Adjust Appropriations and Allocations from the General 
Fund and Other Funds for the Expenditures of the Department of 
Education, the Maine Arts Commission and the Maine State 
Museum and To Change Certain Provisions of the Law Necessary to 
the Proper Operations of State Government for the Fiscal Year 
Ending June 30, 2015 
(EMERGENCY) 
Reference to the Committee on Appropriations and Financial Affairs suggested and ordered 
printed. 
ROBERT B. HUNT 
Clerk 
Presented by Representative ROTUNDO of Lewiston.  (GOVERNOR'S BILL) 
Cosponsored by Senator HAMPER of Oxford. 
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 90-day period may not terminate until after the beginning of the next 
fiscal year; and 
Whereas, certain obligations and expenses incident to the operation of state 
departments and institutions will become due and payable immediately; 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: 
PART A 
Sec. A-1.  Appropriations and allocations.  The following appropriations and 
allocations are made. 
EDUCATION, DEPARTMENT OF  
PK-20, Adult Education and Federal Programs Team Z081 
Initiative: Reallocates the cost of one Public Service Manager II position from 100% in 
the PK-20, Adult Education and Federal Programs Team program, Federal Expenditures 
Fund to 95% in the PK-20, Adult Education and Federal Programs Team program, 
Federal Expenditures Fund and 5% in the School Finance and Operations program, 
Federal Expenditures Fund. 
School Finance and Operations Z078 
Initiative: Reallocates the cost of one Public Service Manager II position from 100% in 
the PK-20, Adult Education and Federal Programs Team program, Federal Expenditures 
Fund to 95% in the PK-20, Adult Education and Federal Programs Team program, 
Federal Expenditures Fund and 5% in the School Finance and Operations program, 
Federal Expenditures Fund. 
FEDERAL EXPENDITURES 
FUND 
2014-15 
2015-16
2016-17
POSITIONS - LEGISLATIVE 
COUNT 
0.000 
0.000
0.000
Personal Services 
($5,598) 
$0
$0
All Other 
($5,598) 
$0
$0
FEDERAL EXPENDITURES FUND 
TOTAL 
($11,196) 
$0
$0
PART B 
Sec. B-1.  Appropriations and allocations.  The following appropriations and 
allocations are made to provide funding for approved reclassifications and range changes. 
EDUCATION, DEPARTMENT OF  
General Purpose Aid for Local Schools 0308 
Initiative: Provides funding for approved reclassifications and range changes. 
PK-20, Adult Education and Federal Programs Team Z081 
Initiative: Provides funding for approved reclassifications and range changes. 
School Finance and Operations Z078 
FEDERAL EXPENDITURES 
FUND 
2014-15 
2015-16
2016-17
Personal Services 
$5,598 
$0
$0
FEDERAL EXPENDITURES FUND 
TOTAL 
$5,598 
$0
$0
EDUCATION, DEPARTMENT OF  
DEPARTMENT TOTALS 
2014-15 
2015-16
2016-17
FEDERAL EXPENDITURES 
FUND 
($5,598) 
$0
$0
DEPARTMENT TOTAL - ALL 
FUNDS 
($5,598) 
$0
$0
GENERAL FUND 
2014-15 
2015-16
2016-17
Personal Services 
$14,578 
$0
$0
All Other 
($14,578) 
$0
$0
GENERAL FUND TOTAL 
$0 
$0
$0
GENERAL FUND 
2014-15 
2015-16
2016-17
Personal Services 
$11,227 
$0
$0
All Other 
($11,227) 
$0
$0
GENERAL FUND TOTAL 
$0 
$0
$0
Initiative: Provides funding for approved reclassifications and range changes. 
PART C 
Sec. C-1.  20-A MRSA §2413, sub-§3 is enacted to read: 
3.  Funding for public charter schools authorized by the Maine Charter School 
Commission.  Beginning with fiscal year 2015-16, this section does not apply to those 
public charter schools authorized by the commission. 
Sec. C-2.  20-A MRSA §2413-A is enacted to read: 
§2413-A.  Funding for public charter schools authorized by the commission 
Beginning with fiscal year 2015-16, this section applies to public charter schools 
authorized by the commission. 
1.  Pupil count.  Students enrolled in and attending public charter schools must be 
reported to the department for attendance and funding purposes as provided in section 
15683-B, subsection 2 and department rules. 
GENERAL FUND 
2014-15 
2015-16
2016-17
Personal Services 
$6,662 
$0
$0
All Other 
($6,662) 
$0
$0
GENERAL FUND TOTAL 
$0 
$0
$0
OTHER SPECIAL REVENUE 
FUNDS 
2014-15 
2015-16
2016-17
Personal Services 
$2,243 
$0
$0
All Other 
($2,243) 
$0
$0
OTHER SPECIAL REVENUE 
FUNDS TOTAL 
$0 
$0
$0
EDUCATION, DEPARTMENT OF  
DEPARTMENT TOTALS 
2014-15 
2015-16
2016-17
GENERAL FUND 
$0 
$0
$0
OTHER SPECIAL REVENUE 
FUNDS 
$0 
$0
$0
DEPARTMENT TOTAL - ALL 
FUNDS 
$0 
$0
$0
2.  Revenue provisions.  State allocation funds follow each student to the public 
charter school attended by the student. 
A.  For each public charter school, the total allocation must be determined as follows. 
(1)  The total allocation must be calculated pursuant to section 15683-B, based on 
the student's grade level and adjusted as appropriate for economically 
disadvantaged students and limited English proficiency students pursuant to 
section 15675, subsections 1 and 2. Debt service and capital outlays may not be 
included in the calculation of these allocations. The department shall adopt rules 
governing how to calculate per-pupil allocations, including those for targeted 
funds for assessment, technology and kindergarten to grade 2 programs. 
(2)  For students attending public charter schools, the payments for public charter 
schools must be made pursuant to section 15683-B, subsection 6. 
(3)  For transportation expenses, the transportation operating allocation must be 
the statewide per-pupil essential programs and services transportation operating 
allocation multiplied by pupil counts determined under section 15683-B, 
subsection 2, paragraph A multiplied by a percentage established by the 
commission for the public charter school based on the cost of transportation 
services provided by the public charter school to the student, but not to exceed 
100%. 
(4)  The department shall pay to the public charter school any additional 
allocation assigned to the public charter school for gifted and talented students 
pursuant to section 15681-A, subsection 5 in the year in which the allocation is 
assigned. 
B.  The following provisions govern special education funding. 
(1)  For each enrolled special education student, a public charter school must 
receive the average additional allocation calculated by the department under 
section 15681-A, subsection 2 for the public charter school's special education 
students.  These allocations must be paid on the same basis as the per-pupil 
allocations for operating funds. 
(2)  The department shall pay directly to a public charter school any federal or 
state aid attributable to a student with a disability attending the public charter 
school in proportion to the level of services for the student with a disability that 
the public charter school provides directly or indirectly. 
(3)  The department shall pay to a public charter school any additional allocation 
assigned to the public charter school because of a high-cost in-district special 
education placement in accordance with section 15681-A, subsection 2, 
paragraph B in the year in which the allocation is assigned as an adjustment to 
the public charter school's state contribution. 
(4)  The department shall pay to a public charter school any additional allocation 
assigned to the school administrative unit because of a high-cost out-of-district 
special education placement in accordance with section 15681-A, subsection 2, 
paragraph C in the year in which the allocation is assigned. 
C.  Except as otherwise provided in this chapter, the State shall send applicable 
federal funds directly to public charter schools attended by eligible students. Public 
charter schools with students eligible for funds under Title I of the federal Elementary 
and Secondary Education Act of 1965, 20 United States Code, Section 6301 et seq. 
must receive and use these funds in accordance with federal and state law.  During 
the first year of operation, a public charter school must receive Title I funds on the 
basis of an estimated enrollment of eligible students, as determined by its authorizer. 
D.  A public charter school may receive gifts and grants from private sources in any 
manner that is available to a school administrative unit. 
E.  A public charter school may not levy taxes or issue bonds secured by tax 
revenues. 
F.  Any money received by a public charter school from any source and remaining in 
the school's accounts at the end of any budget year remains in the school's accounts 
for use by the school during subsequent budget years and may not revert to the 
authorizer or to the State. 
G.  Nothing in this chapter may be construed to prohibit any person or organization 
from providing funding or other assistance for the establishment or operation of a 
public charter school.  The governing board of a public charter school may accept 
gifts, donations or grants of any kind made to the school and expend or use such gifts, 
donations or grants in accordance with the conditions prescribed by the donor except 
that a gift, donation or grant may not be accepted if subject to a condition that is 
contrary to any provision of law or term of the charter contract. 
H.  A public charter school may receive payment for students residing in the 
unorganized territory pursuant to paragraph A based on the state average EPS per-
pupil rate as defined in section 15672, subsection 7-A.  A special education student 
residing in the unorganized territory must be treated the same as a resident student 
from a school administrative unit for special education costs pursuant to paragraph B.  
The responsibility for providing a free, appropriate public education for a special 
education student passes to the charter school in which the student enrolls.  As with 
other resident school administrative units, the department shall pay for high-cost in-
district students. 
Sec. C-3.  20-A MRSA §15683-B is enacted to read: 
§15683-B.  Public charter schools; calculation of total allocation and state 
contribution 
Beginning with fiscal year 2015-16, this section applies to public charter schools 
authorized by the Maine Charter School Commission, established under Title 5, section 
12004-G, subsection 10-D, in accordance with the funding provisions established in 
section 2413-A. 
1.  Calculation of EPS per-pupil rates.   If there is only one school administrative 
unit sending students to a public charter school in a school year, the commissioner shall 
use that resident school administrative unit's EPS per-pupil rate.  If there is more than one 
school administrative unit sending students to the public charter school, the commissioner 
shall calculate a public charter school's EPS per-pupil rate for each year as follows. 
A.  When there are elementary students from outside of a single resident school 
administrative unit sending students to an elementary public charter school, the EPS 
per-pupil rate for elementary grades is calculated by multiplying the number of 
students from a resident school administrative unit attending the public charter school 
by that resident school administrative unit's elementary EPS per-pupil rate to find the 
total cost for elementary students enrolled in the public charter school in that resident 
school administrative unit, then adding the total cost for elementary students enrolled 
in the public charter school from each resident school administrative unit.  The result 
is divided by the total number of elementary students in the public charter school. 
B.  When there are secondary students from outside of a single resident school 
administrative unit sending students to a public charter school, the EPS per-pupil rate 
for secondary grades is calculated by multiplying the number of students from a 
resident school administrative unit attending the public charter school by that resident 
school administrative unit's secondary EPS per-pupil rate to find the total cost for 
secondary students enrolled in the public charter school in that resident school 
administrative unit, then adding the total cost for secondary students enrolled in the 
public charter school from each resident school administrative unit.  The result is 
divided by the total number of secondary students in the public charter school. 
2.  Pupil counts.  Notwithstanding section 15674, the commissioner shall determine 
a public charter school's student counts for each year as follows. 
A.  The basic student count for a public charter school is the pupil count for October 
1st of the most recent calendar year prior to the year of funding. 
B.  The number of economically disadvantaged students for each public charter 
school is determined by multiplying the number of pupils by the most recent 
available elementary free or reduced-price meals percentage for that public charter 
school.  The elementary free or reduced-price meals percentage may be applied to 
determine the number of economically disadvantaged students in the public charter 
school secondary grades.  If the public charter school does not operate elementary 
grades, the most recent available secondary free or reduced-price meals percentage 
must be used in place of the elementary free or reduced-price meals percentage. 
C.  The number of limited English proficiency students for each public charter school 
is the number of limited English proficiency students in the most recent October pupil 
count prior to the year of funding. 
D.  The number of special education students for each public charter school is the 
number of special education students in the most recent October pupil count prior to 
the year of funding. 
3.  Operating allocation.  The commissioner shall determine a public charter 
school's operating allocation for each year as the sum of: 
A.  The base allocation, which is the pupil count pursuant to subsection 2, paragraph 
A multiplied by the public charter school's EPS per-pupil rates calculated pursuant to 
subsection 1; 
B.  The economically disadvantaged student allocation, which is the pupil count 
determined pursuant to subsection 2, paragraph B multiplied by the additional weight 
for each economically disadvantaged student pursuant to section 15675, subsection 2; 
C.  The limited English proficiency student allocation, which is the pupil count 
pursuant to subsection 2, paragraph C multiplied by the additional weight for each 
limited English proficiency student pursuant to section 15675, subsection 1; 
D.  The targeted funds for standards-based system allocation, which is based on the 
per-pupil amount pursuant to section 15683, subsection 1, paragraph C multiplied by 
the pupil count pursuant to subsection 2, paragraph A; 
E.  The targeted funds for technology resource allocation, which is based on the per-
pupil amount pursuant to section 15683, subsection 1, paragraph D multiplied by the 
pupil count in subsection 2, paragraph A; and 
F.  The targeted funds for public preschool to grade 2 student allocation, which is 
based on the preschool to grade 2 pupil count pursuant to subsection 2, paragraph A 
multiplied by the public charter school's elementary EPS per-pupil rates in subsection 
1. 
4.  Other subsidizable costs allocation.  The commissioner shall determine a public 
charter school's other subsidizable costs allocation for each year as the sum of: 
A.  The gifted and talented allocation pursuant to section 2413-A, subsection 2, 
paragraph A, subparagraph (4); 
B.  The special education allocation pursuant to section 2413-A, subsection 2, 
paragraph B.  The special education allocation may not be less than 90% of the public 
charter school base year expenditures for special education; and 
C.  The transportation operating allocation, which is the statewide per-pupil essential 
programs and services transportation operating allocation multiplied by a percentage 
established by the Maine Charter School Commission for that public charter school 
based on the cost of transportation services provided by the public charter school to 
the student but not to exceed 100% multiplied by the pupil count in subsection 2, 
paragraph A. 
A public charter school is not entitled to career and technical education funding.  The 
school administrative unit in which the public charter school student resides must pay the 
cost of attendance for a student at a career and technical education program. 
5.  Total allocation and state contribution.  The commissioner shall determine a 
public charter school's total allocation as the sum of the school's operating allocation 
under subsection 3 and other subsidizable costs allocation under subsection 4.  That total 
allocation is the state contribution, except that up to 3% of this amount must be withheld 
in accordance with section 2405, subsection 5, paragraph B and transferred to the Maine 
Charter School Commission account. 
6.  Payment of state contribution.  The commissioner shall authorize state subsidy 
payments to be made in accordance with the same schedule of payments for school 
administrative units pursuant to section 15689-B. 
7.  MaineCare seed.  The commissioner may deduct from a public charter school's 
state subsidy and pay on behalf of the public charter school allowable school-based costs 
that represent the public charter school's portion of MaineCare payments.  A transfer of 
payment by the department to the Department of Health and Human Services must be 
made pursuant to a schedule agreed upon by the Department of Health and Human 
Services and the department and based on documentation of payments made from 
MaineCare funds. 
8.  Curtailment adjustment.  In any funding year, if general purpose aid for local 
school funding is curtailed, then the public charter school state contribution under this 
chapter must be curtailed by the proportional percentage that school administrative units 
have been curtailed. 
9.  Phase-in procedures for new or newly expanded public charter schools.  For 
new or newly expanded public charter schools, the commissioner shall make a 
preliminary calculation of total allocation based on the following: 
A.  Estimated student counts not to exceed the enrollment limit established by the 
Maine Charter School Commission; 
B.  Estimated rates and weights based on statewide averages; and 
C.  The preliminary calculation of total allocation, which must be replaced with 
actual student data once students have been enrolled for the new school year.  The 
new or newly expanded public charter school must enroll new students no later than 
August 1st in a student information system maintained by the department. 
Sec. C-4.  20-A MRSA §15689-B, sub-§2-A is enacted to read: 
2-A.  Notification of state contribution to public charter schools.  The 
commissioner shall annually, prior to February 1st, notify the governing board of each 
public charter school of the estimated amount of state contribution to be allocated to the 
public charter school pursuant to section 15683-B. 
Sec. C-5.  20-A MRSA §15689-C, sub-§2, ¶A, as enacted by PL 2005, c. 2, Pt. 
D, §61 and affected by §§72 and 74 and c. 12, Pt. WW, §18, is amended to read: 
A.  The requested funding levels for the operating allocation under section sections 
15683 and 15683-B; 
Sec. C-6.  20-A MRSA §15689-D, as amended by PL 2013, c. 368, Pt. C, §18, is 
further amended to read: 
§15689-D.  Governor's recommendation for funding levels 
1.  Annual recommendations.  The Department of Administrative and Financial 
Services, Bureau of the Budget shall annually certify to the Legislature the funding levels 
that the Governor recommends under sections 15683, 15683-A, 15683-B, 15688-A, 
15689 and 15689-A and the amount for any other components of the total cost of funding 
public education from kindergarten to grade 12 pursuant to this chapter.  The Governor's 
recommendations must be transmitted to the Legislature within the time schedules set 
forth in Title 5, section 1666 and in the form and manner described in subsection 2.  The 
commissioner may adjust, consistent with the Governor's recommendation for funding 
levels, per-pupil amounts not related to staffing pursuant to section 15680 and targeted 
funds pursuant to section 15681. 
2.  Funding level computations.  The Governor’s recommendations under 
subsection 1 must specify the amounts that are recommended for the total operating 
allocation allocations pursuant to section 15683 including the total allocation pursuant to 
section 15683-B, the total of other subsidizable costs pursuant to section 15681-A, the 
total debt service allocation pursuant to section 15683-A, the total costs of enhancing 
student performance and opportunity pursuant to section 15688-A, the total adjustments 
pursuant to section 15689, the total miscellaneous costs pursuant to section 15689-A, the 
amount for any other components of the total cost of funding public education from 
kindergarten to grade 12 and the total cost of funding public education from kindergarten 
to grade 12 pursuant to this chapter.  The Governor’s recommendations regarding the 
adjustments and miscellaneous costs components also must delineate each amount that is 
recommended for each subsection and paragraph under sections 15689 and 15689-A and 
the purposes for each cost in these sections.  For each amount shown in the Governor’s 
recommendations, the Governor’s recommendations must also show the amount for the 
same component or purpose that is included in the most recently approved state budget, 
the differences between the amounts in the most recently approved state budget and the 
Governor’s recommendations and the reasons for the changes. 
Sec. C-7.  20-A MRSA §15689-E, sub-§1, ¶B, as amended by PL 2013, c. 368, 
Pt. C, §19, is further amended to read: 
B.  The state share of the total operating allocation and the total debt service 
allocation described in sections 15683 and, 15683-A and 15683-B; 
PART D 
Sec. D-1.  PL 2013, c. 368, Pt. JJ, §1 is amended to read: 
Sec. JJ-1.  Lease-purchase authorization; Maine learning technology 
initiative.  Pursuant to the Maine Revised Statutes, Title 5, section 1587, the Department 
of Education may enter into financing arrangements in fiscal years 2013-14, 2014-15, and 
2015-16 for the acquisition of portable computer devices for students and educators to 
support the operations of the Maine learning technology initiative. The financing 
agreements may not exceed 4 years in duration and $69,696,000 $95,000,000 in principal 
costs for the Maine learning technology initiative. The interest rate may not exceed 8% 
and the total interest costs may not exceed $5,575,680 $7,600,000.  The annual principal 
and interest costs must be paid from the appropriate line category allocations in the 
Department of Education.  The State is authorized to extend the provisions of the lease-
purchase agreement on behalf of school administrative units as long as all costs of the 
extension are borne by the school administrative units. 
PART E 
Sec. E-1.  Appropriations and allocations.  The following appropriations and 
allocations are made. 
ARTS COMMISSION, MAINE  
Arts - Administration 0178 
Initiative: Provides one-time funding to meet payroll obligations. 
PART F 
Sec. F-1.  Appropriations and allocations.  The following appropriations and 
allocations are made. 
MUSEUM, MAINE STATE 
Maine State Museum 0180 
Initiative: Reorganizes 2 Museum Specialist I positions to Museum Education Specialist 
II positions; one part-time Museum Technician I position to a part-time Museum 
Education Specialist I position; and 2 part-time Museum Technician I positions to one 
full-time Museum Education Specialist I position funded by the elimination of one part-
time Museum Technician I position. 
Research and Collection - Museum 0174 
Initiative: Reorganizes one Museum Specialist II position to a Museum Specialist III 
position and reallocates the funding from 100% General Fund in the Maine State 
Museum program to 95% General Fund in the Maine State Museum program and 5% 
Other Special Revenue Funds in the Research and Collection - Museum program. 
GENERAL FUND 
2014-15 
2015-16
2016-17
Personal Services 
$76,435 
$0
$0
GENERAL FUND TOTAL 
$76,435 
$0
$0
GENERAL FUND 
2014-15 
2015-16
2016-17
POSITIONS - LEGISLATIVE 
COUNT 
(0.500) 
0.000
0.000
GENERAL FUND TOTAL 
$0 
$0
$0
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
SUMMARY 
PART A 
This Part adjusts appropriations and allocations from the General Fund and other 
funds for the expenditures of the Department of Education for the fiscal year ending June 
30, 2015. 
PART B 
This Part further adjusts appropriations and allocations from the General Fund and 
other funds for the expenditures of the Department of Education for the fiscal year ending 
June 30, 2015. 
PART C 
This Part provides for the transfer of the payment for students who attend public 
charter schools authorized by the Maine Charter School Commission from the resident 
school administrative unit to the State.  The cost of these public charter schools is 
included in the total cost of funding public education from kindergarten to grade 12 
beginning in fiscal year 2015-16. 
PART D 
This Part revises the amount of financing agreements for portable computer systems 
for students and educators from up to $69,696,000 to up to $95,000,000 and the interest 
OTHER SPECIAL REVENUE 
FUNDS 
2014-15 
2015-16
2016-17
Personal Services 
$3,688 
$0
$0
OTHER SPECIAL REVENUE 
FUNDS TOTAL 
$3,688 
$0
$0
MUSEUM, MAINE STATE 
DEPARTMENT TOTALS 
2014-15 
2015-16
2016-17
GENERAL FUND 
$0 
$0
$0
OTHER SPECIAL REVENUE 
FUNDS 
$3,688 
$0
$0
DEPARTMENT TOTAL - ALL 
FUNDS 
$3,688 
$0
$0
costs from up to $5,575,680 to up to $7,600,000.  The amount has been revised to include 
those costs borne by the school administrative units. 
PART E 
This Part adjusts appropriations from the General Fund for the expenditures of the 
Maine Arts Commission for the fiscal year ending June 30, 2015. 
PART F 
This Part adjusts appropriations and allocations from the General Fund and other 
funds for the expenditures of the Maine State Museum for the fiscal year ending June 30, 
2015.