An Act To Establish the Total Cost of Education and the State and Local Contributions to Education for Fiscal Year 2018-19 and To Provide That Employees of School Management and Leadership Centers Are Eligible To Participate in the Maine Public Employees Retirement System
Maine Legislature, Session 128, LD 1869
Committee: Education and Cultural Affairs
Sponsors: LANGLEY
Amends: 5 MRSA §17001, 20-A MRSA §15671-A

Legislative Document
No. 1869
S.P. 712
In Senate, March 20, 2018
An Act To Establish the Total Cost of Education and the State and 
Local Contributions to Education for Fiscal Year 2018-19 and To 
Provide That Employees of School Management and Leadership 
Centers Are Eligible To Participate in the Maine Public Employees 
Retirement System
Submitted by the Department of Education pursuant to Joint Rule 203.
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.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  5 MRSA §17001, sub-§42, as amended by PL 2007, c. 491, §§66 and 67, 
is further amended to read:
42.  Teacher.  "Teacher" means:
A.  Any employee of a public school or a school management and leadership center 
established pursuant to Title 20-A, chapter 123 who fills any position that the 
Department of Education requires be filled by a person who holds the appropriate 
certification or license required for that position and:
(1)  Holds appropriate certification from the Department of Education, including 
an employee whose duties include, in addition to those for which certification is 
required, either the setup, maintenance or upgrading of a school computer system 
the use of which is to assist in the introduction of new learning to students or 
providing school faculty orientation and training related to use of the computer 
system for educational purposes; or
(2)  Holds an appropriate license issued to a professional employee by a licensing 
agency of the State;
B.  Any employee of a public school or a school management and leadership center 
established pursuant to Title 20-A, chapter 123 who fills any position not included in 
paragraph A, the principal function of which is to introduce new learning to students, 
except that a coach who is employed by a public school and who is not otherwise 
covered by the definition of teacher as defined in this subsection or an employee who 
is employed in adult education as defined in Title 20-A, section 8601-A, subsection 1 
and who is not otherwise covered by the definition of teacher defined in this 
subsection may not be considered a teacher for purposes of this Part;
C.  Any employee of a public school on June 30, 1989, in a position not included in 
paragraph A or B which was included in the definition of teacher in effect on June 30, 
1989, as long as:
(1)  The employee does not terminate employment; or
(2)  The employee terminates employment and returns to employment in a 
position in the same classification within 2 years of the date of termination.
Regardless of any subsequent employment history, any employee of a public school 
in a position which was included in the definition of teacher in effect on June 30, 
1989, is entitled to creditable service as a teacher for all service in that position on or 
before that date;
D.  Any employee of a public school or a school management and leadership center 
established pursuant to Title 20-A, chapter 123 in a position not included in 
paragraph A, B or C who was a member of the State Employee and Teacher 
Retirement Program of the  retirement system as a teacher on August 1, 1988, as long 
as:
(1)  The employee does not terminate employment; or
(2)  The employee terminates employment and returns to employment in a 
position in the same classification within 2 years of the date of termination;
E.  Any former employee of a public school or a school management and leadership 
center established pursuant to Title 20-A, chapter 123 in a position not included in 
paragraph A, B or C who was a member of the State Employee and Teacher 
Retirement Program of the retirement system as a teacher before August 1, 1988, as 
long as the former employee returns to employment in a position in the same 
classification before July 1, 1991; or
F.  For service before July 1, 1989, any employee of a public school in a position 
which was included in the definition of teacher before July 1, 1989.
"Teacher" includes a person who is on a one-year leave of absence from a position as a 
teacher and is participating in the education of prospective teachers by teaching and 
supervising students enrolled in college-level teacher preparation programs in this State.
"Teacher" also includes a person who is on a leave of absence from a position as a teacher 
and is duly elected as President of the Maine Education Association.
"Teacher" also includes a person who, subsequent to July 1, 1981, has served as president 
of a recognized or certified bargaining agent representing teachers for which released 
time from teaching duties for performance of the functions of president has been 
negotiated in a collective bargaining agreement between the collective bargaining agent 
and the teacher's school administrative unit and for whom contributions related to the 
portion of the person's salary attributable to the released time have been paid as part of 
the regular payroll of the school administrative unit.
Sec. 2.  20-A MRSA §15671-A, sub-§2, ¶B, as amended by PL 2017, c. 284, Pt. 
C, §23, is further amended to read:
B.  For property tax years beginning on or after April 1, 2005, the commissioner shall 
calculate the full-value education mill rate that is required to raise the statewide total 
local share.  The full-value education mill rate is calculated for each fiscal year by 
dividing the applicable statewide total local share by the applicable statewide 
valuation.  The full-value education mill rate must decline over the period from fiscal 
year 2005-06 to fiscal year 2008-09 and may not exceed 9.0 mills in fiscal year 2005-
and may not exceed 8.0 mills in fiscal year 2008-09.  The full-value education mill 
rate must be applied according to section 15688, subsection 3-A, paragraph A to 
determine a municipality's local cost share expectation.  Full-value education mill 
rates must be derived according to the following schedule.
(1)  For the 2005 property tax year, the full-value education mill rate is the 
amount necessary to result in a 47.4% statewide total local share in fiscal year 
2005-06.
(2)  For the 2006 property tax year, the full-value education mill rate is the 
amount necessary to result in a 46.14% statewide total local share in fiscal year 
2006-07.
(3)  For the 2007 property tax year, the full-value education mill rate is the 
amount necessary to result in a 46.49% statewide total local share in fiscal year 
2007-08.
(4)  For the 2008 property tax year, the full-value education mill rate is the 
amount necessary to result in a 47.48% statewide total local share in fiscal year 
2008-09.
(4-A)  For the 2009 property tax year, the full-value education mill rate is the 
amount necessary to result in a 51.07% statewide total local share in fiscal year 
2009-10.
(4-B)  For the 2010 property tax year, the full-value education mill rate is the 
amount necessary to result in a 54.16% statewide total local share in fiscal year 
2010-11.
(4-C)  For the 2011 property tax year, the full-value education mill rate is the 
amount necessary to result in a 53.98% statewide total local share in fiscal year 
2011-12.
(5)  For the 2012 property tax year, the full-value education mill rate is the 
amount necessary to result in a 54.13% statewide total local share in fiscal year 
2012-13.
(6)  For the 2013 property tax year, the full-value education mill rate is the 
amount necessary to result in a 52.71% statewide total local share in fiscal year 
2013-14.
(7)  For the 2014 property tax year, the full-value education mill rate is the 
amount necessary to result in a 53.20% statewide total local share in fiscal year 
2014-15.
(8)  For the 2015 property tax year, the full-value education mill rate is the 
amount necessary to result in a 52.46% statewide total local share in fiscal year 
2015-16.
(9)  For the 2016 property tax year, the full-value education mill rate is the 
amount necessary to result in a 51.86% statewide total local share in fiscal year 
2016-17.
(10)  For the 2017 property tax year, the full-value education mill rate is the 
amount necessary to result in a 50.86% statewide total local share in fiscal year 
2017-18.
(11)  For the 2018 property tax year and subsequent tax years, the full-value 
education mill rate is the amount necessary to result in a 45% 50.50% statewide 
total local share in fiscal year 2018-19 and after.
(12)  For the 2019 property tax year and subsequent tax years, the full-value 
education mill rate is the amount necessary to result in a 45% statewide total 
local share in fiscal year 2019-20 and after.
Sec. 3.  Mill expectation.  The mill expectation pursuant to the Maine Revised 
Statutes, Title 20-A, section 15671-A for fiscal year 2018-19 is 8.51.
Sec. 4.  Total cost of funding public education from kindergarten to grade 
12.  The total cost of funding public education from kindergarten to grade 12 for fiscal 
year 2018-19 is as follows:
2018-19
TOTAL
Total Operating Allocation
Total operating allocation pursuant to the Maine 
Revised Statutes, Title 20-A, section 15683
$1,464,839,305
Total adjustments to state subsidy pursuant to 
Title 20-A, section 15689 included in 
subsidizable costs and total other subsidizable 
costs pursuant to Title 20-A, section 15681-A
$509,865,569
Total Operating Allocation and Subsidizable Costs
Total operating allocation pursuant to Title 20-A, 
section 15683 and total other subsidizable costs 
pursuant to Title 20-A, section 15681-A
$1,974,704,874
Total Debt Service Allocation
Total debt service allocation pursuant to Title 
20-A, section 15683-A
$96,696,235
Total Adjustments and Targeted Education Funds
Adjustments pursuant to Title 20-A, section 
15689
$250,000
Educating students in long-term drug 
treatment center adjustments pursuant to Title 
20-A, section 15689, subsection 5
$391,378
Regionalization, consolidation and efficiency 
assistance adjustments pursuant to Title 20-A, 
section 15689, subsection 9
$4,083,539
Bus refurbishing program adjustments 
pursuant to Title 20-A, section 15689, 
subsection 13
$180,123
Maine Care seed payments adjustments 
pursuant to Title 20-A, section 15689, 
subsection 14
$642,466
Special education budgetary hardship 
adjustment pursuant to Title 20-A, section 
15689, subsection 15
$1,000,000
Total adjustments to the state share of total 
allocation pursuant to Title 20-A, section 15689
$6,547,506
Special education costs for state agency 
clients and state wards pursuant to Title 20-A, 
section 15689-A, subsection 1
$29,737,998
Essential programs and services components 
contract pursuant to Title 20-A, section 
15689-A, subsection 3
$300,000
Education research institute contract pursuant 
to Title 20-A, section 15689-A, subsection 6
$250,000
Learning through technology program 
pursuant to Title 20-A, section 15689-A, 
subsection 12-A
$14,114,965
Emergency bus loan pursuant to Title 20-A, 
section 15689-A, subsection 9
$0
Data management and support services for 
essential programs and services pursuant to 
Title 20-A, section 15689-A, subsection 10
$4,926,754
Postsecondary course payments pursuant to 
Title 20-A, section 15689-A, subsection 11
$3,000,000
National board certification salary 
supplement pursuant to Title 20-A, section 
15689-A, subsection 12
$307,551
Jobs for Maine's Graduates including college 
pursuant to Title 20-A, section 15689-A, 
subsection 13
$3,545,379
Maine School of Science and Mathematics 
pursuant to Title 20-A, section 15689-A, 
subsection 14
$3,615,347
Maine Educational Center for the Deaf and 
Hard of Hearing pursuant to Title 20-A, 
section 15689-A, subsection 15
$7,769,215
Transportation administration pursuant to 
Title 20-A, section 15689-A, subsection 16
$389,890
Special education for juvenile offenders 
pursuant to Title 20-A, section 15689-A, 
subsection 17
$382,418
Center of Excellence for At-risk Students 
pursuant to Title 20-A, section 15689-A, 
subsection 20
$152,000
Fund for the Efficient Delivery of 
Educational Services pursuant to Title 20-A, 
section 15689-A, subsection 21
$0
Comprehensive early college programs 
funding (bridge year program) pursuant to 
Title 20-A, section 15689-A, subsection 23
$1,000,000
Community school pilots (3 pilot projects for 
years) pursuant to Title 20-A, section 
15689-A, subsection 25
$50,000
Maine School for Marine Science, 
Technology, Transportation and Engineering 
pursuant to Title 20-A, section 15689-A, 
subsection 26
$320,414
Total targeted education funds pursuant to Title 
20-A, section 15689-A
$69,861,931
Enhancing student performance and opportunity 
Career and technical education costs pursuant 
to Title 20-A, section 15688-A, subsection 1
$51,500,000
Career and technical education middle school 
pursuant to Title 20-A, chapter 313
$5,000,000
College transitions programs through adult 
education college readiness programs 
pursuant to Title 20-A, section 15688-A, 
subsection 2
$450,000
School improvement and support pursuant to 
Title 20-A, section 15688-A, subsection 5
$0
National industry standards for career and 
technical education pursuant to Title 20-A, 
section 15688-A, subsection 6
$2,000,000
New or expanded public preschool pursuant 
to Title 20-A, section 15688-A, subsection 4
$0
Total enhancing student performance and 
opportunity pursuant to Title 20-A, chapter 313 
and section 15688-A
$58,950,000
Total Cost of Funding Public Education from 
Kindergarten to Grade 12
Total cost of funding public education from 
kindergarten to grade 12 for fiscal year 
pursuant to Title 20-A, chapter 606-B, not 
including normal retirement costs
$2,206,760,546
Total normal cost of teacher retirement
$46,519,107
Total cost of funding public education from 
kindergarten to grade 12 for fiscal year 
pursuant to Title 20-A, chapter 606-B, 
including normal retirement costs
$2,253,279,653
Sec. 5.  Local and state contributions to total cost of funding public 
education from kindergarten to grade 12.  The local contribution and the state 
contribution appropriation provided for general purpose aid for local schools for the fiscal 
year beginning July 1, 2018 and ending June 30, 2019 is calculated as follows:
Total cost of state contribution to unfunded 
actuarial liabilities of the Maine Public 
Employees Retirement System that are 
attributable to teachers, retired teacher health 
insurance and retired teacher life insurance 
for fiscal year 2018-19 pursuant to Title 5, 
chapters 421 and 423, excluding the normal 
cost of teacher retirement
$181,527,833
Total cost of funding public education from 
kindergarten to grade 12, plus state 
contributions to the unfunded actuarial 
liabilities of the Maine Public Employees 
Retirement System that are attributable to 
teachers, retired teacher health insurance and 
retired teacher life insurance for fiscal year 
2018-19 pursuant to Title 5, chapters 421 and 
$2,434,807,486
2018-19
2018-19
LOCAL
STATE
Local and State Contributions to the 
Total Cost of Funding Public Education 
from Kindergarten to Grade 12
Local and state contributions to the total 
cost of funding public education from 
kindergarten to grade 12 pursuant to the 
Maine Revised Statutes, Title 20-A, 
section 15683, subject to statewide 
distributions required by law
$1,137,901,570
$1,115,378,083
State contribution to the total cost of 
teacher retirement, teacher retirement 
health insurance and teacher retirement 
life insurance for fiscal year 2018-19 
pursuant to Title 5, chapters 421 and 
$181,527,833
Sec. 6.  Authorization of payments.  If the State's continued obligation for any 
individual component contained in those sections of this Act that set the total cost of 
funding public education from kindergarten to grade 12 and the local and state 
contributions for that purpose exceeds the level of funding provided for that component, 
any unexpended balances occurring in other programs may be applied to avoid proration 
of payments for any individual component.  Any unexpended balances from this Act may 
not lapse but must be carried forward for the same purpose.
Sec. 7.  Limit of State's obligation.  Those sections of this Act that set the total 
cost of funding public education from kindergarten to grade 12 and the local and state 
contributions for that purpose may not be construed to require the State to provide 
payments that exceed the appropriation of funds for general purpose aid for local schools 
for the fiscal year beginning July 1, 2018 and ending June 30, 2019.
SUMMARY
This bill establishes the total cost of funding public education from kindergarten to 
grade 12, the state contribution and the local contribution for fiscal year 2018-19.  This 
bill also provides that employees of school management and leadership centers 
established under the Maine Revised Statutes, Title 20-A, chapter 123 are eligible to 
participate in the Maine Public Employees Retirement System.
State contribution to the total cost of 
funding public education from 
kindergarten to grade 12
$1,296,905,916