An Act To Implement the Recommendations of the Commission To Strengthen the Adequacy and Equity of Certain Cost Components of the School Funding Formula
Maine Legislature, Session 127, LD 1394
Committee Amendment CA_A_H630 (House)
Amends: 20-A MRSA §8801, 20-A MRSA §13803, 20-A MRSA §15688-A, 20-A MRSA §15689-C, 22 MRSA §8307

COMMITTEE AMENDMENT "A" to H.P. 944, L.D. 1394, Bill, "An Act To 
Implement the Recommendations of the Commission To Strengthen the Adequacy and 
Equity of Certain Cost Components of the School Funding Formula" 
Amend the bill by striking out everything after the title and before the summary and 
inserting the following: 
'Sec. 1. 20-A MRSA §8801, sub-§3 is enacted to read: 
3. 
Grants; rules. 
The commissioner may award grants to qualifying school 
administrative units to provide start-up funds for the development or expansion of 
summer schools that meet the standards established by the routine technical rules adopted 
pursuant to subsection 1. The State may not include the grant funding awarded to school 
administrative units for summer schools in the cost of the educational resources included 
in the essential programs and services model as identified in chapter 606-B until the State 
achieves the 55% state share of the total cost of funding public education from 
kindergarten to grade 12 in accordance with the provisions of section 15671, subsection 
7, paragraph C. Upon achievement of the 55% state share of the total cost of funding 
public education from kindergarten to grade 12, the Legislature shall determine how to 
include funding for summer schools within the essential programs and services model. 
On or before July 1, 2017, the state board and the commissioner shall jointly adopt or 
amend rules governing the awarding of grants to ensure that: 
A. Grant funds support evidence-based best practices and are provided on a per-pupil 
basis using information provided by a statewide education research institute. A 
minimum level of start-up funds must be awarded to summer schools developed or 
expanded by isolated or small schools that meet the size and distance criteria 
established by the rules: 
B. Approval of grant funds to qualifying school administrative units is based on 
eligibility requirements established by the commissioner; and 
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COMMITTEE AMENDMENT "A" to H.P. 944, L.D. 1394 
C. A qualifying school administrative unit seeking to continue receiving grant funds 
submits a report to the commissioner that the summer school program conforms to 
the specified evidence-based best practices established by the rules. 
Rules adopted or amended pursuant to this subsection are routine technical rules as 
defined in Title 5, chapter 375, subchapter 2-A. 
Sec. 2. 20-A MRSA §§8901 to 8904, as enacted by PL 2005, c. 657, §1, are 
amended to read: 
§8901. Extended Learning Program Fund; standards; approval; definitions 
The After sehool Extended Leaming Program Fund, referred to ia this ehB.f)ter as "the 
program fuad," is established to encourage the facilitation of high-quality after sehool 
extended learning programs in school administrative units throughout the State. The 
commissioner shall administer the program fund within the department. Standards and 
approval for the allocation and use of program fund money are as follows. 
1. Standards. The commissioner shall establish standards consistent with the basic 
school approval requirements for after sehool extended learning programs offered at 
elementary or secondary schools in the State. In establishing standards for after sehool 
extended learning programs, the commissioner may also consider the requirements of the 
21st Century Communities Leaming Centers program authorized under Title IV, Part B 
of the federal Elementary and Secondary Education Act of 1965, as amended by the 
federal No Child Left Behind Act of 2001, 20 United States Code, Chapter 70. 
2. Approval. An after sehool extended learning program may be offered by a 
school administrative unit with the approval of the commissioner. The commissioner 
may inspect an after sehool extended learning program, after which the commissioner 
shall approve and grant a certificate to a school that maintains approval standards. The 
expense of inspection must be paid by the department. 
3. Definitions. As used in this chapter, unless the context otherwise indicates, the 
following terms have the following meanings. 
A. 
"Extended learning program" means a program that supports increased 
availability of and access to extended learning opportunities such as before-school 
and after-school programs, academic enrichment, mentoring, tutoring, community 
service and programs that extend the school year or school day for students in need of 
those extended learning opportunities. 
B. "Program fund" means the Extended Leaming Program Fund established in this 
section. 
§8902. Program fund grants; eligibility; calculation 
1. Eligibility. To receive program fund money calculated pursuant to subsection 2, 
the school administrative unit must be in compliance with any applicable standards and 
program requirements for after sehool extended learning programs established by the 
commissioner pursuant to section 8901. 
2. 
Program fund grants; calculation. 
The commissioner shall calculate one 
amount of the program fund money that may be made available as a grant to the 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A" to H.P. 944, L.D. 1394 
elementary school level and middle school level and another amount of program fund 
money that may be made available as a grant to the high school level in accordance with 
the following. 
A. For fiscal year 2006 07 2017-18, the commissioner shall establish a per-pupil 
amount for program fund grants. 
B. For fiscal year 2007 08 2018-19 and each subsequent year, the commissioner 
shall recalculate the per-pupil amount by using the amount calculated under 
paragraph A as a base and adjusting for appropriate trends in the Consumer Price 
Index or other comparable index. 
3. Budget recommendation. Beginning in fiscal year 2006 07 2017-18 and prior to 
December 15th of each year, the commissioner shall recommend to the Governor and to 
the Department of Administrative and Financial Services, Bureau of the Budget the 
funding levels for the program fund for payment in the next fiscal year. 
The 
commissioner shall include these funding levels in the department's request to the 
Legislature for appropriations from the General Fund to carry out the purposes of this 
chapter. 
4. Appropriations. The commissioner shall allocate funds appropriated by the 
Legislature to carry out the purposes of this chapter as grants to eligible school 
administrative units. 
5. Exclusion of funding within essential programs and services. The State may 
not include the grant funding awarded to school administrative units for the provision of 
extended learning programs under subsection 2 in the cost of the educational resources 
included in the essential programs and services model as identified in chapter 606-B until 
the State achieves the 55% state share of the total cost of funding public education from 
kindergarten to grade 12 in accordance with the provisions of section 15671, subsection 
7, paragraph C. Upon achievement of the 55% state share of the total cost of funding 
public education from kindergarten to grade 12, the Legislature shall determine how to 
include funding for the provision of extended learning programs within the essential 
programs and services model. 
§8903. Report 
The department shall report by June 30, 2GG+ 2017 and annually thereafter to the 
joint standing committee of the Legislature having jurisdiction over education and 
cultural affairs on the number of school administrative units participating in an atler-
seheel: extended learning program, the nature of the after sehool extended learning 
programs receiving money, the amount of money distributed and the number of children 
participating in an after se0ool extended learning program. 
§8904. Rules 
+he On or before July 1, 2017, the commissioner shall adopt rules for the standards, 
approval and administration of the program fund, including the establishment of program 
fund requirements and specifications and procedures for the application and distribution 
of available funds, and to otherwise carry out the purpose of this chapter. Rules adopted 
pursuant to this section are routine technical rules as defined by Title 5, chapter 375, 
subchapter 2-A. 
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COMMITTEE AMENDMENT "A" to H.P. 944, L.D. 1394 
Sec. 3. 20-A MRSA §13803 is enacted to read: 
§13803. Collaborative time for professional development 
1. 
Grants; rules. 
The commissioner may award grants to qualifying school 
administrative units to support collaborative time for professional development that meets 
the evidence-based best practice standards of professional development in order to 
implement proficiency-based learning. 
The department shall adopt rules to implement this subsection. Rules adopted pursuant to 
this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 
2-A. 
2. Exclusion of funding within essential programs and services. The State may 
not include the grant funding awarded to school administrative units for the provision of 
collaborative time for professional development under subsection 1 in the cost of the 
educational resources included in the essential programs and services model as identified 
in chapter 606-B until the State achieves the 55% state share of the total cost of funding 
public education from kindergarten to grade 12 in accordance with the provisions of 
section 15671, subsection 7, paragraph C. Upon achievement of the 55% state share of 
the total cost of funding public education from kindergarten to grade 12, the Legislature 
shall determine how to include funding for the provision of collaborative time for 
professional development within the essential programs and services model. 
Sec. 4. 20-A MRSA §15688-A, sub-§§8 to 11 are enacted to read: 
8. Funds for economically disadvantaged students. Beginning in fiscal year 2017-
and for each subsequent year, the commissioner may expend and disburse funds to 
provide additional support to school administrative units for economically disadvantaged 
students beyond the additional weight of .15 provided for each economically 
disadvantaged student pursuant to section 15675, subsection 2. 
9. Summer schools. Beginning in fiscal year 2017-18 and for each subsequent year, 
the commissioner may expend and disburse funding for grants for the establishment of 
summer schools in accordance with the provisions of chapter 317. 
10. Extended learning programs. Beginning in fiscal year 2017-18 and for each 
subsequent year, the commissioner may expend and disburse funding for grants for the 
establishment of extended learning programs in accordance with the provisions of chapter 
318. 
11. Collaborative time for professional development. Beginning in fiscal year 
2017-18 and for each subsequent year, the commissioner may expend and disburse 
funding for grants for the establishment of collaborative time for professional 
development that meets best practices for professional development in accordance with 
the provisions of section 13803. 
Sec. 5. 20-A MRSA §15689-C, sub-§4, as enacted by PL 2009, c. 275, §2, is 
amended to read: 
4. 
Guidelines for updating adjustments, miscellaneous costs and enhancing 
student performance and opportunity costs. The commissioner's recommendations 
regarding the enhancing student performance and opportunity costs, adjustments and 
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COMMITTEE AMENDMENT "A" to H.P. 944, L.D. 1394 
miscellaneous costs components as set forth in subsection 2 also must delineate each 
amount that is recommended for each subsection and paragraph under sections 15688-A, 
15689 and 15689-A and the purposes for each cost in these sections. For each amount 
shown in the commissioner's recommendations, the commissioner's recommendation 
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 commissioner's recommendations and the reasons 
for the changes. 
Sec. 6. 22 MRSA §8307, sub-§2, ,F, as amended by PL 2011, c. 691, Pt. B, §24, 
is further amended to read: 
F. The types of activities and programs to be provided, including preschool and 
after l'lGHool extended learning programs; 
Sec. 7. Maine Revised Statutes headnote amended; revision clause. In the 
Maine Revised Statutes, Title 20-A, chapter 318, in the chapter headnote, the words 
"after-school programs" are amended to read "extended learning programs" and the 
Revisor of Statutes shall implement this revision when updating, publishing or 
republishing the statutes. 
Sec. 8. Public preschool programs for children 4 years of age; start-up 
funding; further review. 
The Department of Education shall initiate, as soon as 
possible, the process for awarding start-up funding grants for the 2017-18 school year in 
order for qualified school administrative units to implement or expand public preschool 
programs for children 4 years of age in accordance with the Maine Revised Statutes, Title 
20-A, section 4271 and section 4502, subsection 9. 
During the First Regular Session of the 128th Legislature, the joint standing 
committee of the Legislature having jurisdiction over education and cultural affairs shall 
conduct a further review of the obstacles that impede school administrative units from 
developing and operating public preschool programs. As part of this review, the joint 
standing committee shall: 
1. Review the data gathered from the ongoing survey of public preschool teachers 
conducted by the Education Research Institute, established in the Maine Revised Statutes, 
Title 20-A, section 10, as well as the data gathered from the survey of school 
superintendents by the Education Research Institute and presented to the Commission To 
Strengthen the Adequacy and Equity of Certain Cost Components of the School Funding 
Formula, established pursuant to Resolve 2013, chapter 114, regarding a school 
administrative unit's costs and capacity for developing, operating and expanding public 
preschool programs; 
2. Further investigate the obstacles that remain in terms of start-up costs, capital 
costs and ongoing operational costs for a school administrative unit to develop and run a 
public preschool program for children 4 years of age and also investigate parental 
obstacles and other issues related to expanding public preschool programs; and 
3. Review the provisions of the recently adopted Department of Education Rule 
Chapter 124, which establishes school approval standards governing the school 
administrative units that are implementing public preschool programs, and consider the 
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implications of the quality standards established in the rules related to the approval of 
public preschool programs. 
Sec. 9. Rules. Rules adopted by the Department of Education pursuant to the 
Maine Revised Statutes, Title 20-A, section 13803 must include the following conditions 
for the awarding of grants: 
1. Funding must support evidence-based best practices and be provided on a per-
pupil or per teacher basis. A minimum level of start-up funds must be awarded for the 
provision of collaborative time for professional development by isolated or small schools 
that meet the size and distance criteria established by the rules; 
2. Approval of grant funds to qualifying school administrative units must be based 
on eligibility requirements established by the Commissioner of Education; and 
3. 
Continued receipt of grant funds requires submission of a report to the 
commissioner that the provision of collaborative time for professional development 
conforms to the specified evidence-based best practices established by the rules. 
Sec. 10. Models for funding and evaluating extended school day and 
summer school programs for inclusion in the essential programs and services 
funding formula; further research. 
The Department of Education and the 
Education Research Institute, established in the Maine Revised Statutes, Title 20-A, 
section 10, shall conduct further research and analysis of extended school day programs 
that support improved student achievement and determine if such programming should 
also qualify under the grant program for funding summer school programs in Title 20-A, 
section 8801, subsection 3. 
The department and the institute shall submit a report, 
including recommendations, to the joint standing committee of the Legislature having 
jurisdiction over education and cultural affairs by March 1, 2017. 
Sec. 11. Federal Title I funding and educational equity for economically 
disadvantaged students; further research. The Department of Education and the 
Education Research Institute, established in the Maine Revised Statutes, Title 20-A, 
section 10, shall conduct further research and analysis of the availability of federal grant 
funds that may be received by school administrative units beginning in the 2017-2018 
school year under Title I of the federal Elementary and Secondary Education Act of 1965, 
United States Code, Section 6301 et seq. and under the applicable federal statutes and 
regulations established under the Every Student Succeeds Act of 2015, 20 United States 
Code, Chapter 70, which reauthorized the Elementary and Secondary Education Act of 
1965. The department and the institute shall submit a report, including findings and 
recommendations related to the allocation of state funding for school administrative units 
that are eligible to receive federal Title I funding and other funding for educational equity 
for economically disadvantaged students, to the joint standing committee of the 
Legislature having jurisdiction over education and cultural affairs by March 1, 2017. 
Sec. 12. 
Professional development grants for school and school 
administrative unit leaders. For fiscal year 2017-18, the Department of Education 
may award grants to qualifying school administrative units to provide funds for 
professional development for school and school administrative unit leaders to support 
professional development best practices to implement proficiency-based learning. The 
amount of grant funding must be determined based on recommendations made by the 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A" to H.P. 944, L.D. 1394 
Department of Education upon review of evidence-based research conducted by the 
Education Research Institute, established in the Maine Revised Statutes, Title 20-A, 
section 10. 
The department shall submit its recommendations for grant funding for 
professional development for school and school administrative unit leaders to support 
professional development best practices to implement proficiency-based learning to the 
joint standing committee of the Legislature having jurisdiction over education and 
cultural affairs and the joint standing committee of the Legislature having jurisdiction 
over appropriations and financial affairs during the First Regular Session of the 128th 
Legislature. 
Sec. 13. Collaborative time for professional development. During the First 
Regular Session of the 128th Legislature, the joint standing committee of the Legislature 
having jurisdiction over education and cultural affairs, in collaboration with the 
Department of Education, shall develop best practice guidelines pursuant to the Maine 
Revised Statutes, Title 20-A, section 13803, including guidelines for the definition of 
"qualifying leadership" and the inclusion of leadership in collaborative time for 
professional development pursuant to section 12. The department shall submit a report to 
the joint standing committee of the Legislature having jurisdiction over education and 
cultural affairs by December 4, 2017. The report submitted by the department must 
include recommendations for best practice guidelines, as well as recommended 
procedures to increase the accountability of school administrative units' current 
expenditures in terms of professional development best practices and methods for the 
department to share school administrative units' professional development best practices. 
Sec. 14. Regional cost adjustments for teacher salaries; further review. 
During the First Regular Session of the 128th Legislature, the joint standing committee of 
the Legislature having jurisdiction over education and cultural affairs shall review the 
updated data and accompanying analysis on the regional labor market adjustments 
presented by the Education Research Institute, established in the Maine Revised Statutes, 
Title 20-A, section 10, to the Commission To Strengthen the Adequacy and Equity of 
Certain Cost Components of the School Funding Formula, established pursuant to 
Resolve 2013, chapter 114. The joint standing committee shall examine the potential cost 
consequences of the updated labor market adjustments on individual regions and evaluate 
these consequences within the net funding effects of all the recommendations of the 
commission's report. 
The joint standing committee may submit any necessary 
implementing legislation related to its review of regional cost adjustments for teacher 
salaries to the Second Regular Session of the 128th Legislature.' 
SUMMARY 
This amendment strikes and replaces the bill, which was reported out by the Joint 
Standing Committee on Education and Cultural Affairs pursuant to Resolve 2013, chapter 
114, section 10. The amendment updates a number of initiatives proposed in the bill to 
incorporate changes to the education statutes and rules proposed by the Commission To 
Strengthen the Adequacy and Equity of Certain Cost Components of the School Funding 
Formula that the commission's report indicated are necessary to implement its 
recommendations. The amendment retains many provisions of the bill, but differs from 
the bill in the following ways. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" A" to H.P. 944, L.D. 1394 
1. It amends the laws concerning after-school programs to comply with the extended 
learning program recommended by the commission. 
2. It strikes the bill's proposal to remove the state contributions to teacher retirement, 
retired teachers' health insurance and retired teachers' life insurance from the annual 
transition targets. 
3. The bill proposes to remove language reducing the salary and benefit costs for 
teachers and school education staff from the amount of funds received by a school 
administrative unit under Title I of the federal Elementary and Secondary Education Act 
of 1965, 20 United States Code, Section 6301 et seq. The amendment instead directs the 
Department of Education and the Education Research Institute to conduct further research 
and analysis of the availability of federal grant funds. 
4. It strikes the bill's proposal to increase the adjustments to the state share of the 
special education costs as part of the total allocation provided to a school administrative 
unit that receives a minimum state allocation under the Maine Revised Statutes, Title 
20-A, section 15689, subsection 1, paragraph B. 
5. 
It strikes the bill's proposals to authorize the Commissioner of Education to 
expend and disburse state funds to provide grants to school administrative units for the 
establishment of summer schools and for the establishment of collaborative time for 
professional development through the authorization of miscellaneous costs under Title 
20-A, section 15689-A. 
6. 
It adds the following initiatives to the enhancing student performance and 
opportunity system provisions of school funding based on essential programs and 
services in Title 20-A, section 15688-A to authorize the Commissioner of Education to 
expend and disburse state funds: 
A. 
To provide for additional support to school administrative units beyond the 
additional weight of .15 provided for each economically disadvantaged student; 
B. To provide grants to school administrative units for the establishment of summer 
schools; 
C. To provide grants to school administrative units for the establishment of extended 
learning programs; and 
D. 
To provide grants to school administrative units for the establishment of 
collaborative time for professional development. 
7. It adds the enhancing student performance and opportunity system provisions of 
school funding based on essential programs and services in Title 20-A, section 15688-A 
to the guidelines that require the Commissioner of Education to update the 
recommendations, computation and the purposes for each of the cost components 
included in adjustments and miscellaneous costs under Title 20-A, section 15689-C, 
subsection 4. 
8. It strikes the bill's proposal to appropriate and allocate funds for the General 
Purpose Aid for Local Schools account. 
9. It removes the requirement for the Department of Education to convene and staff a 
stakeholder group to develop guidelines for the definition of "qualifying leadership" and 
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best practice guidelines for the inclusion of leadership in collaborative time for 
professional development and instead requires the department to develop those 
guidelines. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Revised: 03/31/16 ;::Wac 
LD 1394 
LR2011(02) 
An Act To Implement the Recommendations of the Commission To Strengthen the Adequacy and 
Equity of Certain Cost Components of the School Funding Formula 
F1scal Note for Bill as Amended by Committee Amendment ·~· [ » · /p 3'2) 
Committee: Education and Cultural Affairs 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Fiscal Detail and Notes 
This legislation requires the Education Research Institute (ERI), along with the Department of Education, to conduct 
further research and analysis of extended school day programs and the availability of federal grant funds under Title I 
and other funding for educational equity for economically disadvantaged students. 
The Department of Education's General Purpose Aid for Local Schools program already has funding of $250,000 in 
both fiscal years 2015-16 and 2016-17 to support the work of the ERI, which was established in Public Law 1995, c. 
395, Part J to collect and analyze education information and perform targeted education research for the Legislature. 
This fiscal note assumes that funding for the ERI in fiscal year 2016-17 included in the biennial budget will be 
sufficient to support the cost of the two research projects in this bill and that both will be included in the 2016-2017 
workplan approved by the Joint Standing Committee on Education and Cultural Affairs and, therefore, no General 
Fund appropriation is required. If the projects are not included in the 2016-2017 workplan and no General Fund 
appropriations are made to support the costs of the research projects, the ERI may not be able to conduct the required 
research and analysis. 
This legislation allows, but does not require, the Commissioner of Education to provide grants and "expend and 
disburse funds" for summer school programs, collaborative time for professional development, economically 
disadvantaged students and professional development for school and school administrative unit leaders. Since no 
funding is included in the bill and the language is permissive, there is no fiscal impact associated with these parts of 
the bill other than the cost of rulemaking, which can be absorbed within the department's existing budgeted resources. 
Additional costs to the Department of Education to collaborate with the joint standing committee of the Legislature 
having jurisdiction over education and cultural affairs during the First Regular Session of the 128th Legislature to 
develop best practice guidelines for collaborative time for professional development can be absorbed within existing 
budgeted resources. 
LR2011(02) - Fiscal Note - Page 1 of 1