An Act To Amend Education Statutes
Maine Legislature, Session 128, LD 1531
Committee: Education and Cultural Affairs
Sponsors: LANGLEY, STEWART, GINZLER, SAMPSON
Amends: 20-A MRSA §2405, 20-A MRSA §2410, 20-A MRSA §6214, 20-A MRSA §8232, 20-A MRSA §8233, 20-A MRSA §8235-A, 20-A MRSA §15674, 20-A MRSA §15675, 20-A MRSA §15678, 20-A MRSA §15679, 20-A MRSA §15681, 20-A MRSA §15681-A, 20-A MRSA §15683, 20-A MRSA §15688-A, 20-A MRSA §15689, 20-A MRSA §15689-A

Legislative Document
No. 1531
S.P. 537
In Senate, April 25, 2017
An Act To Amend Education Statutes
Submitted by the Department of Education pursuant to Joint Rule 204.
Reference to the Committee on Education and Cultural Affairs suggested and ordered 
printed.
HEATHER J.R. PRIEST
Secretary of the Senate
Presented by Senator LANGLEY of Hancock.
Cosponsored by Representative STEWART of Presque Isle and
Representatives: GINZLER of Bridgton, SAMPSON of Alfred.
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  20-A MRSA §2405, sub-§9, as amended by PL 2011, c. 570, §8, is 
further amended to read: 
9.  Transition period.  The public charter school program set out in this chapter must 
begin with a 10-year transition period, beginning on the effective date of this chapter.  
During the transition period, the commissioner shall register the charters approved by all 
authorizers in chronological order by date of approval under this chapter.  During the 
transition period, only 10 public charter schools may be approved by the commission; the 
Maine School for Marine Science, Technology, Transportation and Engineering, 
established in chapter 312-A, is not considered a public charter school for the purposes of 
this cap.  Once the cap is reached, the commissioner may not accept further registrations 
from the commission and only local school boards and collaboratives of local school 
boards may approve charters until the end of the transition period. 
This subsection is repealed July 1, 2022. 
Sec. 2.  20-A MRSA §2410, sub-§3 is enacted to read: 
3.  Maine School for Marine Science, Technology, Transportation and 
Engineering.  In accordance with section 8235-A, the commission is responsible for the 
oversight of the Maine School for Marine Science, Technology, Transportation and 
Engineering. 
Sec. 3.  20-A MRSA §6214, sub-§1, ¶E, as enacted by PL 2015, c. 500, §1, is 
amended to read: 
E.  Establish a school administrative unit's eligibility and priority for targeted state 
funding for school improvement and support under section 15688-A, subsection 5 
and other applicable targeted funds authorized under section 15688-A; and 
Sec. 4.  20-A MRSA §8232, sub-§2, ¶A, as enacted by PL 2015, c. 363, §4, is 
amended to read: 
A.  The amount must be paid in 4 equal quarterly payments during the year of 
attendance.  The first payment must be made by July 31st.  The amount of tuition and 
other costs paid for all students is limited to the amount appropriated for this purpose. 
State funding for the school must be provided using the method established for public 
charter schools that are authorized by the commission in accordance with the funding 
provisions established in section 2413-A and section 15683-B.  To be eligible for 
state funding under this paragraph, a student must have resided in Maine with a 
parent, other relative or guardian for at least 6 months immediately preceding 
application to the school. 
Sec. 5.  20-A MRSA §8233, sub-§1-A is enacted to read: 
1-A.  Commission.  "Commission" means the Maine Charter School Commission as 
set out in section 2405, subsection 8. 
Sec. 6.  20-A MRSA §8235-A is enacted to read: 
§8235-A.  Oversight by the commission 
The commission shall provide oversight of the school in accordance with the 
following. 
1.  Data collection; monitoring.  The commission shall collect, analyze and report 
all data from state assessments in accordance with the performance framework developed 
under section 2409, subsection 1.  The commission shall monitor the performance and 
legal compliance of the school, including collecting and analyzing all data to support 
ongoing evaluation of the school.  In order to carry out the purposes of this subsection, 
the school shall provide to the commission information that the commission requests in 
the format, with the content and within the time schedules, established by the 
commission. 
2.  Notification of unsatisfactory performance or compliance.  If the school's 
performance or legal compliance appears unsatisfactory, the commission shall promptly 
provide written notice to the school of identified problems and provide reasonable 
opportunity for the school to remedy those problems.  The commission shall provide the 
commissioner with a copy of the written notice and a report of the plan developed by the 
school to remedy the identified problems. 
Sec. 7.  20-A MRSA §15674, sub-§1, as amended by PL 2007, c. 667, §15, is 
further amended to read: 
1.  Pupil counts used for determination of operating costs.  In addition to the 
additional weighted counts authorized under section 15675 and except as provided in 
subsection 2, the pupil count used for operating costs in this Act is the sum of: 
A.  The average number of secondary school-age persons enrolled in an adult 
education course counted during the most recent calendar year counted pursuant to 
section 8605, subsection 2; 
B.  The average number of students in equivalent instruction programs during the 
most recent calendar year, as reported pursuant to section 5021, subsection 8; and 
C.  The greater of: Beginning July 1, 2017, the average of the 2 pupil counts for April 
1st and October 1st of the most recent calendar year prior to the year of funding, 
reported in accordance with section 6004, including the counts of students enrolled in 
an alternative education program made in accordance with section 5104-A. 
(1)  The average of the 2 pupil counts for April 1st and October 1st of the most 
recent calendar year prior to the year of funding, reported in accordance with 
section 6004, including the counts of students enrolled in an alternative education 
program made in accordance with section 5104-A; and 
(2)  The average of the 6 pupil counts for April 1st and October 1st of the 3 most 
recent calendar years prior to the year of funding, reported in accordance with 
section 6004, including the counts of students enrolled in an alternative education 
program and counted in accordance with section 5104-A. 
Sec. 8.  20-A MRSA §15674, sub-§2, as enacted by PL 2003, c. 504, Pt. A, §6, is 
repealed. 
Sec. 9.  20-A MRSA §15675, first ¶, as enacted by PL 2003, c. 504, Pt. A, §6, is 
amended to read: 
For the purpose of calculating the total operating allocation under this chapter 
pursuant to section 15683, the following additional weights must be added to the 
per-pupil count calculated under section 15674, subsection 1, paragraph C, subparagraph 
(1). 
Sec. 10.  20-A MRSA §15678, sub-§3, as enacted by PL 2003, c. 504, Pt. A, §6, 
is amended to read: 
3.  Number of teaching positions required.  The commissioner shall identify for 
each school administrative unit, using the pupil count arrived at under section 15674, 
subsection 1, paragraph C, subparagraph (1), the number of school level teaching 
positions that are required in order to achieve the student-to-teacher ratios set forth in 
subsection 2. 
Sec. 11.  20-A MRSA §15679, sub-§§3 and 5, as enacted by PL 2003, c. 504, 
Pt. A, §6, are amended to read: 
3.  Number of staff positions required.  The commissioner shall identify for each 
school administrative unit, using the pupil count arrived at under section 15674, 
subsection 1, paragraph C, subparagraph (1), the number of staff positions that are 
required in order to achieve the student-to-staff ratios set forth in subsection 2. 
5.  Salary costs for substitute teachers.  The commissioner shall calculate the 
additional salary costs for substitute teachers for each school administrative unit using the 
pupil count arrived at under section 15674, subsection 1, paragraph C, subparagraph (1).  
In order to calculate this amount, the commissioner shall establish a per-pupil rate for the 
cost of a substitute teacher for 1/2 day. 
Sec. 12.  20-A MRSA §15681, sub-§6, as enacted by PL 2011, c. 635, Pt. A, §5, 
is repealed. 
Sec. 13.  20-A MRSA §15681-A, sub-§2, as enacted by PL 2005, c. 2, Pt. D, §44 
and affected by §§72 and 74 and c. 12, Pt. WW, §18, is amended to read: 
2.  Special education costs.  Beginning in fiscal year 2005-06, a A school 
administrative unit receives an additional weight of at least 1.20 but not greater than 1.40 
for each special education student identified on the annual December 1st child count as 
required by the federal Individuals with Disabilities Education Act for the most recent 
year, up to a maximum of 15% of the school administrative unit's resident pupils as 
determined under section 15674, subsection 1, paragraph C, subparagraph (1).  For those 
school administrative units in which the annual December 1st child count for the most 
recent year is less than 15% of the school administrative unit's resident pupils as 
determined under section 15674, subsection 1, paragraph C, subparagraph (1), the special 
education child count percentage may not increase more than 0.5% in any given year, up 
to a maximum of 1.0% in any given 3-year period.  For each special education student 
above the 15% maximum, the unit receives an additional weight of .38.  In addition, each 
school administrative unit must receive additional funds: 
A.  For lower staff-student ratios and expenditures for related services for school 
administrative units with fewer than 20 special education students identified on the 
annual December 1st child count as required by the federal Individuals with 
Disabilities Education Act for the most recent year; 
B.  For high-cost in-district special education placements.  Additional funds must be 
allocated for each student estimated to cost 3 times the statewide special education 
EPS per-pupil rate.  The additional funds for each student must equal the amount by 
which that student's estimated costs exceed 3 times the statewide special education 
EPS per-pupil rate; 
C.  For high-cost out-of-district special education placements.  Additional funds must 
be allocated for each student estimated to cost 4 times the statewide special education 
EPS per-pupil rate.  The additional funds for each student must equal the amount by 
which that student's estimated costs exceed 4 times the statewide special education 
EPS per-pupil rate; and 
D.  To ensure the school administrative unit meets the federal maintenance of effort 
requirement for receiving federal Individuals with Disabilities Education Act funds. 
The commissioner shall develop an appeals procedure for calculated special education 
costs for school administrative units; 
Sec. 14.  20-A MRSA §15683, sub-§1, ¶C, as amended by PL 2005, c. 635, §8, 
is further amended to read: 
C.  If the school administrative unit is eligible for targeted funds for the 
implementation of a standards-based system pursuant to section 15681, subsection 1, 
the sum of: 
(1)  The product of the elementary school level and middle school level per-pupil 
amount for targeted funds for the implementation of a standards-based system 
calculated pursuant to section 15681, subsection 2 multiplied by the kindergarten 
to grade 8 portion of the pupil count calculated pursuant to section 15674, 
subsection 1, paragraph C, subparagraph (1); and 
(2)  The product of the high school level per-pupil amount for targeted funds for 
the implementation of a standards-based system calculated pursuant to section 
15681, subsection 2 multiplied by the grade 9 to 12 portion of the pupil count 
calculated pursuant to section 15674, subsection 1, paragraph C, subparagraph 
(1); 
Sec. 15.  20-A MRSA §15683, sub-§1, ¶D, as amended by PL 2005, c. 2, Pt. D, 
§47 and affected by §§72 and 74 and c. 12, Pt. WW, §18, is further amended to read: 
D.  If the school administrative unit is eligible for targeted technology resource funds 
pursuant to section 15681, subsection 1, the sum of: 
(1)  The product of the elementary school level and middle school level per-pupil 
amount for targeted technology resource funds calculated pursuant to section 
15681, subsection 3 multiplied by the kindergarten to grade 8 portion of the pupil 
count calculated pursuant to section 15674, subsection 1, paragraph C, 
subparagraph (1); and 
(2)  The product of the high school level per-pupil amount for targeted 
technology resource funds calculated pursuant of section 15681, subsection 3 
multiplied by the grade 9 to 12 portion of the pupil count calculated pursuant to 
section 15674, subsection 1, paragraph C, subparagraph (1); 
Sec. 16.  20-A MRSA §15688-A, sub-§§5 and 7, as enacted by PL 2015, c. 267, 
Pt. C, §11, are repealed. 
Sec. 17.  20-A MRSA §15689, sub-§1, ¶A, as amended by PL 2013, c. 1, Pt. C, 
§4, is further amended to read: 
A.  The sum of the following calculations: 
(1)  Multiplying 5% of each school administrative unit's essential programs and 
services per-pupil elementary rate by the average number of resident kindergarten 
to grade 8 pupils as determined under section 15674, subsection 1, paragraph C, 
subparagraph (1); and 
(2)  Multiplying 5% of each school administrative unit's essential programs and 
services per-pupil secondary rate by the average number of resident grade 9 to 
grade 12 pupils as determined under section 15674, subsection 1, paragraph C, 
subparagraph (1). 
The 5% factor in subparagraphs (1) and (2) must be replaced by:  4% for the 2009-10 
funding year including funds provided under Title XIV of the State Fiscal 
Stabilization Fund of the American Recovery and Reinvestment Act of 2009; 3% for 
the 2010-11 funding year including funds provided under Title XIV of the State 
Fiscal Stabilization Fund of the American Recovery and Reinvestment Act of 2009; 
3% for the 2011-12 funding year; and 3% for the 2012-13 funding year and 
subsequent years; and 
Sec. 18.  20-A MRSA §15689-A, sub-§4, as enacted by PL 2005, c. 2, Pt. D, §61 
and affected by §§72 and 74 and c. 12, Pt. WW, §18, is repealed. 
Sec. 19.  20-A MRSA §15689-A, sub-§§27 and 28 are enacted to read: 
27.  Exploratory programs to benefit students of science, technology, computer 
science, engineering and math.  The commissioner may expend and disburse funds 
through a competitive grant process to establish pilot programs that would benefit 
students in public schools in the fields of science, computer science, technology, 
engineering and mathematics.  An applicant for a grant must agree that, if awarded a 
grant, the applicant will provide to the department annual financial reports and will 
perform annual evaluation processes to determine the effectiveness of the program and to 
measure improvement in student achievement. 
28.  Autism identification and intervention services.  The commissioner may 
expend and disburse funds to provide training for identification and intervention services 
for children with autism. 
Sec. 20.  Appropriations and allocations.  The following appropriations and 
allocations are made. 
EDUCATION, DEPARTMENT OF 
General Purpose Aid to Local Schools 
Initiative:  Provides funds to provide training for identification and intervention services 
for children with autism. 
General Purpose Aid to Local Schools 
Initiative:  Provides funds to establish pilot programs in science, computer science, 
technology, engineering and mathematics. 
SUMMARY 
This bill: 
1.  Specifies that the Maine School for Marine Science, Technology, Transportation 
and Engineering does not count towards the limit of 10 public charter schools set forth in 
the Maine Revised Statutes, Title 20-A, section 2405, subsection 9; 
2.  Specifies that the Maine Charter School Commission is responsible for the 
oversight of the Maine School for Marine Science, Technology, Transportation and 
Engineering; 
3.  Provides that state funding for the Maine School for Marine Science, Technology, 
Transportation and Engineering must be provided using the method established for public 
charter schools that are authorized by the Maine Charter School Commission; 
4.  Replaces the so-called declining enrollment adjustment to the calculation of 
essential programs and services;  
5.  Repeals the authority of the Commissioner of Education to expend and disburse 
funds for school improvement and support, implementation of performance evaluation 
GENERAL FUND 
2017-18
2018-19
All Other 
$0
$450,000
GENERAL FUND 
2017-18
2018-19
All Other 
$250,000
$250,000
GENERAL FUND TOTAL 
$250,000
$700,000
and professional growth systems and learning results implementation, assessment and 
accountability; 
6.  Provides funding and authority for the commissioner to expend and disburse funds 
through a competitive grant process to establish pilot programs that would benefit 
students in public schools in the fields of science, computer science, technology, 
engineering and mathematics; 
7.  Provides funding and authority for the commissioner to expend and disburse funds 
to provide training for identification and intervention services for children with autism; 
and 
8.  Corrects cross-references.