An Act To Create Education Savings Accounts for Students with Special Needs
Maine Legislature, Session 128, LD 1132
Committee Amendment CA_A_H284 (House)

COMMITTEE AMENDMENT "A" to H.P. 795, L.D. 1132, Bill, "An Act To 
Create Education Savings Accounts for Students with Special Needs" 
Amend the bill in section 1 in §7303 in subsection 1 in the last line (page 1, line 15 in 
L.D.) by inserting after the following: 
11child
the following: 'and only if the parent or 
legal guardian signs an agreement with the department pursuant to subsection 21 
Amend the bill in section 1 in §7303 by inserting after subsection 1 the following: 
12. Written agreement. The department and the parent or legal guardian of a child 
for whom a savings account will be established must sign an agreement that the parent or 
legal guardian will not enroll the child in a public school or charter school, that the parent 
or legal guardian releases the school administrative unit from all obligations to educate 
the child and that the parent or legal guardian will use a portion of the education savings 
account funds allocated annually to provide an education for the child in a manner 
consistent with the system of learning results .1 
Amend the bill in section 1 in §7303 by striking out all of subsection 2 (page 1, lines 
to 28 in L.D.) and inserting the following: 
'2. Renewal, rollover and closure. The department may annually renew a savings 
account and deposit funds into the account in accordance with subsection 5 if, in 
accordance with rules adopted by the department, the parent or legal guardian 
demonstrates that the child continues to have and follow an individualized education 
program, has completed a national norm-referenced achievement test and has had a 
review and acceptance of the child's progress by an identified individual who holds a 
current teacher's certificate from the State. Unspent funds in a savings account that is 
renewed remain in the savings account and may be used in accordance with subsection 5, 
except that no more than 75% of the funds deposited in any year may be carried forward. 
Any unspent amount that is in excess of 75% of the funds deposited in that year must be 
transferred at the end of the fiscal year to the State Controller for handling in accordance 
with subsection 6. If the requirements of this subsection are not met, the department shall 
close the savings account and transfer all funds in the savings account to the State 
Controller, who shall handle the funds as provided in subsection 6. 1 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT ,A" to H.P. 795, L.D. 1132 
Amend the bill in section 1 in §7303 in subsection 3 in the last line (page 1, line 37 in 
L.D.) by striking out the following: 
11subsection 5'' and inserting the following: 
'subsection 6' 
Amend the bill in section 1 in §7303 in subsection 4 in paragraph Din the 12th line 
(page 3, line 3 in L.D.) by striking out the following: "subsection 5
and inserting the 
following: 'subsection 6' 
Amend the bill in section 1 in §7303 in subsection 4 in paragraph Din the 16th line 
(page 3, line 7 in L.D.) by striking out the following: 
11subsection 5" and inserting the 
following: 'subsection 6' 
Amend the bill in section 1 in §7303 in subsection 5 in the 6th line (page 3, line 16 in 
L.D.) by striking out the following: 
11subsection 4
and inserting the following: 
'subsection 5' 
Amend the bill in section 1 in §7303 by renumbering the subsections to read 
consecutively. 
Amend the bill in section 2 in subsection 14 in the last line (page 3, line 29 in L.D.) 
by striking out the following: 
11subsection 3
and inserting the following: 'subsection 5' 
Amend the bill by adding after section 2 the following: 
'Sec. 3. Appropriations and allocations. 
The following appropriations and 
allocations are made. 
ADMINISTRATIVE AND FINANCIAL SERVICES, DEPARTMENT OF 
State Controller - Office of the 0056 
Initiative: Provides one Senior Staff Accountant position to establish and maintain the 
education savings accounts for students with special needs. 
GENERAL FUND 
2017-18 
2018-19 
POSITIONS - LEGISLATIVE COUNT 
1.000 
1.000 
Personal Services 
$59,215 
$83,102 
All Other 
$7,900 
$7,900 
GENERAL FUND TOTAL 
$67,115 
$91,002 
ADMINISTRATIVE AND FINANCIAL 
SERVICES, DEPARTMENT OF 
DEPARTMENT TOTALS 
2017-18 
2018-19 
GENERAL FUND 
$67,115 
$91,002 
DEPARTMENT TOTAL-ALL FUNDS 
$67,115 
$91,002 
EDUCATION, DEPARTMENT OF 
COMMITTEE AMENDMENT 
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COMMIITEE AMENDMENT ·A" to H.P. 795, L.D. 1132 
General Purpose Aid for Local Schools 0308 
Initiative: Provides one-time funds for programming costs associated with establishing 
and administering a program that provides education savings accounts to children with 
disabilities. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
General Purpose Aid for Local Schools 0308 
2017-18 
$51,686 
$51,686 
2018-19 
$0 
$0 
Initiative: Provides funds for one Public Service Coordinator I position and related All 
Other costs to establish and administer a program that provides education savings 
accounts for children with disabilities. 
GENERAL FUND 
2017-18 
2018-19 
POSITIONS - LEGISLATNE COUNT 
1.000 
1.000 
Personal Services 
$67,274 
$94,348 
All Other 
$6,381 
$6,381 
GENERAL FUND TOTAL 
$73,655 
$100,729 
EDUCATION,DEPARTMENT OF 
DEPARTMENT TOTALS 
2017-18 
2018-19 
GENERAL FUND 
$125,341 
$100,729 
DEPARTMENT TOTAL-ALL FUNDS 
$125,341 
$100,729 
SECTION TOTALS 
2017-18 
2018-19 
GENERAL FUND 
$192,456 
$191,731 
SECTION TOTAL - ALL FUNDS 
$192,456 
$191,731 
SUMMARY 
This amendment is the minority report and provides that a written agreement between 
a parent or legal guardian and the Department of Education is required to establish an 
education savings account for a child with disabilities. The agreement must state that the 
parent or legal guardian will not enroll the child in a public school or charter school, that 
COMMITTEE AMENDMENT 
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COMMJTl1lE AMENDMENT ·A" to H.P. 795, L.D. 1132 
the parent or legal guardian releases the school administrative unit from all obligations to 
educate the child and that the parent or legal guardian will use a portion of the education 
savings account funds allocated annually to provide an education for the child in a 
manner consistent with the system of learning results. It also adds to the renewal 
requirements that the child must have a review and acceptance of the child's progress by 
an identified individual with a cutTent Maine teacher's certificate. The amendment also 
adds an appropriations and allocations section. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 05/18/17 J&/ae':-
LD1132 
LR 1653(02) 
An Act To Create Education Savings Accounts for Students with Special Needs 
Fiscal Note for Bill as Amended by Committee Amendment ·~· (}I -;I s~ 
Committee: Education and Cultural Affairs 
Net Cost (Savings) 
General Fund 
Appropriations/ Allocations 
General Fund 
FiscalDetail and Notes 
Fiscal Note Required: Yes 
Fiscal Note 
Reduction in state subsidy - local school administrative units 
FY 2017-18 
FY2018-19 
$192,456 
$191,731 
$192,456 
$191,731 
Projections 
FY 2019-20 
$209,868. 
$209,868 
· Proj ecticins 
FY 2020-21 
$208,385 
$208,385 
The Department of Education has requested and this bill includes General Fund appropriations of $125 ,341 in fiscal 
year,2017-18 and $100,729 in fiscal year 2018-19 to the General Purpose Aid for Local Schools program for one 
Public Service Coordinator I position and related All Other costs associated with establishing and administering a 
program to provide education savings accounts to children with disabilities. 
This legislation requires the Depaitment of Education to deposit 90% of the state subsidy for each child participating 
in the prografo that would otherwise be paid to the child's local school administrative unit (SAU) into a savings 
account established for that child. The bill also provides that a pmtion of the remaining 10% of state subsidy 
attributable to that child not deposited into an education savings account may be used to offset the administrative costs 
to the· Department and the State Controller. It is unclear whether or not this provision will be sufficient to cover the 
annual costs to the Department of Education to administer this program. 
This bill also requires the SAU of the child participating in the program to deposit 90% of its required local 
contribution attributable to that child into the child's education savings ·account. The impact to individual SAU's 
affected by this requirement will depend on the number of students in each SAU that pa1ticipate in the program each 
year. 
This bill also includes a General Fund appropriation of $67,115 in fiscal year 2017-2018 and $91,002 in fiscal year 
2018-19 for the Department of Administrative and Financial Services for one position to manage the education 
savings accounts. 
LR1653(02) - Fiscal Note - Page 1 of 1