An Act To Amend Certain Education Laws
Maine Legislature, Session 129, LD 1785
Committee: Education and Cultural Affairs
Sponsors: KORNFIELD
Amends: 5 MRSA §20005, 20 MRSA §3457, 20 MRSA §3458, 20 MRSA §3459, 20 MRSA §3460, 20-A MRSA §256, 20-A MRSA §405, 20-A MRSA §1311, 20-A MRSA §1490, 20-A MRSA §2405, 20-A MRSA §2413, 20-A MRSA §2413-A, 20-A MRSA §3252, 20-A MRSA §3253-A, 20-A MRSA §3646, 20-A MRSA §4003-A, 20-A MRSA §4252, 20-A MRSA §4803, 20-A MRSA §6213, 20-A MRSA §6403-A, 20-A MRSA §6605, 20-A MRSA §8351, 20-A MRSA §8352, 20-A MRSA §8457, 20-A MRSA §15005, 20-A MRSA §15401, 20-A MRSA §15671, 20-A MRSA §15672, 20-A MRSA §15675, 20-A MRSA §15683, 20-A MRSA §15683-B, 20-A MRSA §15689, 20-A MRSA §15692, 20-A MRSA §15903, 20-A MRSA §15908, 30-A MRSA §5953-C

Legislative Document
No. 1785
H.P. 1270
House of Representatives, May 28, 2019
An Act To Amend Certain Education Laws
Submitted by the Department of Education pursuant to Joint Rule 204.
Reference to the Committee on Education and Cultural Affairs suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative KORNFIELD of Bangor.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  5 MRSA §20005, sub-§§19 and 20, as amended by PL 2005, c. 674, §1, 
are further amended to read:
19.  Fiscal and program accountability.  Enhance its current efforts to ensure fiscal 
and program accountability for the services it purchases and provides; and
20.  Review policies.  Review the full range of public policies and strategies existing 
in State Government to identify changes that would strengthen its response, identify 
policies that might discourage excessive consumption of alcohol and other drugs and 
generate new funding for alcohol and other drug services; and.
Sec. 2.  5 MRSA §20005, sub-§21, as enacted by PL 2005, c. 674, §2, is repealed.
Sec. 3.  20 MRSA §3457, as amended by PL 1977, c. 563, §3 and c. 625, §5, is 
repealed.
Sec. 4.  20 MRSA §3458, as corrected by RR 2011, c. 2, §16, is repealed.
Sec. 5.  20 MRSA §3459, as amended by PL 1989, c. 700, Pt. A, §§42 and 43, is 
repealed.
Sec. 6.  20 MRSA §3460, as amended by PL 1989, c. 700, Pt. A, §44, is repealed.
Sec. 7.  20-A MRSA §256, sub-§6, as enacted by PL 1989, c. 518, Pt. A, §1, is 
repealed.
Sec. 8.  20-A MRSA §405, sub-§8, as enacted by PL 1987, c. 140, §2, is repealed.
Sec. 9.  20-A MRSA §1311, sub-§3, ¶E, as enacted by PL 1981, c. 693, §§5 and 
8, is amended to read:
E.  The board of directors of a district which that has received a certificate of 
approval of a school construction project pursuant to former Title 20, section 3458 to 
be paid in accordance with the alternate method prescribed in former Title 20, section 
3460, may borrow in anticipation of unpaid portions of state aid and may issue 
temporary and renewal notes.
Sec. 10.  20-A MRSA §1490, sub-§3, ¶E, as enacted by PL 2007, c. 240, Pt. 
XXXX, §13, is amended to read:
E.  A regional school unit board that has received a certificate of approval of a school 
construction project pursuant to former Title 20, section 3458 to be paid in 
accordance with the alternate method prescribed in former Title 20, section 3460 may 
borrow in anticipation of unpaid portions of state aid and may issue temporary and 
renewal notes.
Sec. 11.  20-A MRSA §1490, sub-§6, ¶¶D and E, as enacted by PL 2007, c. 
240, Pt. XXXX, §13, are amended to read:
D.  If the issuance of bonds or notes together with all outstanding indebtedness 
included within the regional school unit's limit of indebtedness would cause the 
regional school unit's indebtedness to exceed 10% of the total of the last preceding 
state valuation of all the municipalities within the regional school unit, the regional 
school unit board may not issue those bonds or notes until it has received a certificate 
of approval pursuant to former Title 20, section 3458.
E.  If a certificate of approval under former Title 20, section 3458 indicates that the 
state board has authorized state aid to be paid in accordance with the alternate method 
prescribed by former Title 20, section 3460, the total estimated amount of state aid 
payable on account of the school construction project described in the certificate of 
approval must be treated as outstanding school indebtedness for the purpose of 
computing the borrowing capacity of the regional school unit to finance that project 
by issuing its bonds or notes. State aid is determined by applying the applicable 
percentage of state aid to the total estimated cost of the project, as set forth in the 
certificate of approval.
Sec. 12.  20-A MRSA §2405, sub-§4, as amended by PL 2015, c. 448, §5, is 
further amended to read:
4.  Reporting and evaluation.  An authorizer shall submit to the commissioner and 
the Legislature an annual report within 90 150 days of the end of each school fiscal year 
summarizing:
A.  The authorizer's strategic vision for chartering and progress toward achieving that 
vision;
B.  The performance of all operating public charter schools overseen by the 
authorizer, according to the performance measures and expectations specified in the 
charter contracts;
C.  The status of the authorizer's public charter school portfolio of approved charter 
applications, identifying all public charter schools within that portfolio as:
(1)  Approved, but not yet open;
(2)  Operating;
(3)  Renewed;
(4)  Transferred;
(5)  Terminated;
(6)  Closed; or
(7)  Never opened; 
D.  The oversight and services provided by the authorizer to the public charter 
schools under the authorizer's purview; and
E.  The total amount of funds collected from each public charter school the authorizer 
authorized pursuant to subsection 5, paragraph B and the costs incurred by the 
authorizer to oversee each public charter school.
Sec. 13.  20-A MRSA §2413, sub-§2, ¶A, as amended by PL 2013, c. 272, §2, is 
further amended to read:
A.  For each public charter school student, the school administrative unit in which the 
student resides must forward the per-pupil allocation to the public charter school 
attended by the student as follows.
(1)  The per-pupil allocation amount is the EPS per-pupil rate for the school 
administrative unit in which the student resides, as calculated pursuant to section 
15676, based on the student’s grade level and adjusted as appropriate for 
economic disadvantage economically disadvantaged students and limited English 
proficiency learners pursuant to section 15675, subsections 1 and 2.  Debt service 
and capital outlays may not be included in the calculation of these per-pupil 
allocations.  The department shall adopt rules governing how to calculate these 
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 school administrative unit 
of residence shall forward the per-pupil allocations described in subparagraph (1) 
directly to the public charter school attended.  These per-pupil allocations must 
be forwarded to each public charter school on a quarterly basis, as follows.  For 
each fiscal year, allocations must be made in quarterly payments on September 
1st, December 1st, March 1st and June 1st.  The September and December 
payments must be based on the identity and number of students enrolled or 
anticipated to be enrolled in the public charter school at the opening of school for 
that school year. The number of students may not exceed the maximum 
enrollment approved in the charter contract for that year unless a waiver is 
obtained from the authorizer.  The March and June payments must be based on 
the identity and number of students enrolled in the public charter school on 
February 1st.
(3)  For transportation expenses, the average per-pupil expense in each school 
administrative unit of residence must be calculated and an amount equal to a 
proportion, up to but not more than 100%, of that per-pupil allocation amount 
must be forwarded to the public charter school attended on the same basis as the 
per-pupil allocations for operating funds.  The percentage of that per-pupil 
expense must be determined by the authorizer of the public charter school and 
must be based on the cost of transportation services provided by the public 
charter school to the student.
(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.
A school administrative unit is not required to send funds to a public charter school 
for a student enrolled in the public charter school's preschool or prekindergarten 
program if the school administrative unit of the student's residence does not offer that 
program to its own residents.
Sec. 14.  20-A MRSA §2413-A, sub-§2, ¶A, as enacted by PL 2015, c. 54, §5, is 
amended to read:
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 learners 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 the 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.
Sec. 15.  20-A MRSA §3252, sub-§1, as repealed and replaced by PL 1985, c. 
490, §3, is amended to read:
1.  Elementary school privileges provided.  The commissioner may provide 
elementary schooling for resident children by establishing and maintaining such 
elementary schools as may seem advisable or by sending these children as tuition 
students to elementary schools elsewhere in the State in an adjoining school 
administrative unit in the State or a neighboring state if the adjoining unit accepts tuition 
students.
Sec. 16.  20-A MRSA §3253-A, sub-§1, as enacted by PL 1985, c. 490, §5, is 
amended to read:
1.  Secondary students.  Any eligible resident student who may be judged by the 
commissioner to be qualified may attend as a tuition student any secondary school in the 
State approved for tuition purposes to which he or she may gain entrance in an adjoining 
school administrative unit in the State or a neighboring state if the adjoining unit accepts 
tuition students.
Sec. 17.  20-A MRSA §3646, first ¶, as enacted by PL 1981, c. 693, §§5 and 8, is 
amended to read:
As used in this section, the term "initial aid" shall include includes Maine and New 
Hampshire financial assistance with respect to a capital project, or the means of financing 
a capital project, which that is available in connection with construction costs of a capital 
project or which that is available at the time indebtedness is incurred to finance the 
project.  Without limiting the generality of the foregoing definition, initial aid shall 
specifically include includes a New Hampshire state guarantee under RSA 195-B with 
respect to bonds or notes and Maine construction aid under Title 20, section 3457.  As 
used in this section, the term "long-term aid" shall include includes Maine and New 
Hampshire financial assistance which that is payable periodically in relation to capital 
costs incurred by an interstate district.  Without limiting the generality of the foregoing 
definition, long-term aid shall specifically include includes New Hampshire school 
building aid under RSA 198 and Maine school building aid under Title 20, section 3457.  
For the purpose of applying for, receiving and expending initial aid and long-term aid, an 
interstate district shall must be deemed a native school district by each state, subject to 
the following provisions.
Sec. 18.  20-A MRSA §4003-A, as enacted by PL 2005, c. 2, Pt. D, §16 and 
affected by §§72 and 74 and c. 12, Pt. WW, §18, is repealed.
Sec. 19.  20-A MRSA §4252, sub-§3, as enacted by PL 1983, c. 576, §1, is 
amended to read:
3.  Screening.  Establish or expand preschool or early childhood screening programs, 
including psychometrically valid English language proficiency screening for potential 
English learners as defined in section 15672, subsection 7-B as determined by a language 
use survey developed by the department, and the development of individualized 
educational prescription based on the findings of the screening;
Sec. 20.  20-A MRSA §4803, sub-§5, as repealed and replaced by PL 1985, c. 41, 
§2, is repealed.
Sec. 21.  20-A MRSA §6213, sub-§7, ¶C, as enacted by PL 2011, c. 446, §2, is 
amended to read:
C.  Provision of services, including, but not limited to, special education services; 
services for gifted and talented students; services for students with limited English 
proficiency learners as defined in section 15672, subsection 7-B; educational services 
for students at risk of academic failure, expulsion or dropping out; and support 
services provided by the Department of Health and Human Services or the 
Department of Corrections to a state ward or to a state agency client;
Sec. 22.  20-A MRSA §6403-A, sub-§4, as enacted by PL 1985, c. 258, §4, is 
amended to read:
4.  Special contract for services.  The school board may provide school nurse 
services through special agreements with a public health agency or with an individual 
registered professional nurse.  All nurses who serve as school nurses under those 
agreements shall must be registered professional nurses who meet applicable certification 
requirements.
Sec. 23.  20-A MRSA §6605, as amended by PL 2017, c. 407, Pt. A, §60, is 
repealed.
Sec. 24.  20-A MRSA c. 223, sub-c. 7-B, as amended, is repealed.
Sec. 25.  20-A MRSA c. 223, sub-c. 7-C, as amended, is repealed.
Sec. 26.  20-A MRSA §8351, as amended by PL 2005, c. 2, Pt. D, §24 and 
affected by §§72 and 74 and c. 12, Pt. WW, §18, is further amended to read:
§8351.  State aid for career and technical education centers and career and technical 
education regions
State aid for centers and regions must be administered in accordance with chapters 
606-B and 609 and Title 20, section 3457.
Sec. 27.  20-A MRSA §8352, sub-§2, as amended by PL 1991, c. 518, §9, is 
further amended to read:
2.  Budget limitation.  This section does not apply to construction grants made under 
chapter 609 and Title 20, section 3460.
Sec. 28.  20-A MRSA §8457, sub-§1, as amended by PL 2011, c. 679, §20, is 
further amended to read:
1.  General powers and duties.  A cooperative board has all of the powers and 
duties of a school board as provided in section 1001, subsections 1, 2, 4 to 7, and 11-A 
and 12 to 19; section 1002; section 1256, subsections 1, 2 and 4 to 7; section 1257; 
sections 1313 to 1315; section 4801; section 13201; and section 13202.  For such 
purposes, references in those sections to "school administrative unit," "administrative 
unit," "school unit," "unit," "school administrative district," "district," "regional school 
unit," "RSU," "alternative organizational structure" or "AOS" mean career and technical 
education region; references in those sections to "school board," "school committee," 
"board," "board of directors" or "directors" mean cooperative board; references in those 
sections to "director" mean a member of a cooperative board; and references in those 
sections to "they" mean either, as appropriate in the context, cooperative board or 
members of the cooperative board.
Sec. 29.  20-A MRSA §15005, sub-§3, as amended by PL 2011, c. 678, Pt. C, §3, 
is further amended to read:
3.  Return required.  An apportionment provided in this chapter, chapters 505 and 
606-B, and section 13601, and Title 20, section 3457, may not be paid to a school 
administrative unit by the Treasurer of State until returns required by law have been filed 
with the commissioner.
Sec. 30.  20-A MRSA §15401, sub-§4 is enacted to read:
4.  Rural school administrative unit.  For purposes of allocating federal funds under 
the federal Every Student Succeeds Act of 2015, 20 United States Code, Chapter 70, 
Subchapter V, "rural school administrative unit" means a school administrative unit in 
which no single municipality within the school administrative unit has a population over 
8,000 residents for purposes of federal funding under the Every Student Succeeds Act.
Sec. 31.  20-A MRSA §15671, sub-§1, as amended by PL 2017, c. 284, Pt. C, 
§15, is further amended to read:
1.  State and local partnership.  The State and each local school administrative unit 
are jointly responsible for contributing to the cost of the components of essential 
programs and services described in this chapter.  Except as otherwise provided in this 
subsection, for each fiscal year, the total cost of the components of essential programs 
and services may not exceed the prior fiscal year's costs multiplied by one plus the 
average personal income growth rate as defined in Title 5, section 1665, subsection 1.  
The Legislature, by an affirmative vote of each House, may exceed the limitations on 
increases in the total cost of the components of essential programs and services provided 
in this subsection, as long as that vote is taken upon legislation stating that it is the 
Legislature's intent to override the limitation for that fiscal year.  The state contribution to 
the cost of the components of essential programs and services must be made in 
accordance with this subsection:
A.  The level of the state share of funding attributable to the cost of the components 
of essential programs and services must be at least 50% of eligible state and local 
General Fund education costs statewide, no later than fiscal year 2006-07; and
B.  By fiscal year 2008-09 the state share of the total cost of funding public education 
from kindergarten to grade 12, as described by essential programs and services, must 
be 55%.  Beginning in fiscal year 2005-06 and in each fiscal year until fiscal year 
2008-09, the state share of essential programs and services described costs must 
increase toward the 55% level required in fiscal year 2008-09.
Beginning in fiscal year 2005-06 and in each fiscal year thereafter, the commissioner 
shall use the funding level determined in accordance with this section as the basis for a 
recommended funding level for the state share of the cost of the components of essential 
programs and services.
Sec. 32.  20-A MRSA §15672, sub-§7-B is enacted to read:
7-B.  English learner. "English learner" means a student who has a primary or home 
language other than English, as determined by a language use survey developed by the 
department; who is not yet proficient in English, as determined by a state-approved 
English language proficiency assessment; and who satisfies the definition of an English 
learner under the federal Elementary and Secondary Education Act of 1965, as amended, 
United States Code, Chapter 70.
Sec. 33.  20-A MRSA §15672, sub-§18, as enacted by PL 2003, c. 504, Pt. A, §6, 
is repealed.
Sec. 34.  20-A MRSA §15675, sub-§1, as amended by PL 2007, c. 539, Pt. C, 
§§6 to 8, is further amended to read:
1.  English learners.  The additional weights for school administrative units with 
limited English proficiency students learners are as follows:
A.  For a school administrative unit with 15 or fewer limited English proficiency 
students learners, the unit receives an additional weight of .70 per student;
B.  For a school administrative unit with more than 15 and fewer than 251 limited 
English proficiency students learners, the unit receives an additional weight of .50 per 
student;
C.  For a school administrative unit with 251 or more limited English proficiency 
students learners, the unit receives an additional weight of .525 per student; and
Eligibility for state funds under this subsection is limited to school administrative units 
that are providing services to limited English proficiency students learners through 
programs approved by the department.
Sec. 35.  20-A MRSA §15683, sub-§1, ¶¶A and B, as amended by PL 2005, c. 
2, Pt. D, §47 and affected by §§72 and 74 and c. 12, Pt. WW, §18, are further amended to 
read:
A.  The product of the school administrative unit's kindergarten to grade 8 EPS per-
pupil rate multiplied by the total of the kindergarten to grade 8 portions of the 
following pupil counts:
(1) The pupil count set forth in section 15674, subsection 1, paragraph C;
(2) The additional weight for limited English proficiency students learners 
calculated pursuant to section 15675, subsection 1; and
(3) The additional weight for economically disadvantaged students calculated 
pursuant to section 15675, subsection 2;
B.  The product of the school administrative unit's grade 9 to 12 EPS per-pupil rate 
multiplied by the total of the grade 9 to 12 portion of the following pupil counts:
(1) The pupil count set forth in section 15674, subsection 1, paragraphs A, B and 
C;
(2) The additional weight for limited English proficiency students learners 
calculated pursuant to section 15675, subsection 1; and
(3) The additional weight for economically disadvantaged students calculated 
pursuant to section 15675, subsection 2;
Sec. 36.  20-A MRSA §15683-B, sub-§2, ¶C, as enacted by PL 2015, c. 54, §6, 
is amended to read:
C.  The number of limited English proficiency students learners for each public 
charter school is the number of limited English proficiency students learners from the 
most recent October count prior to the year of funding.
Sec. 37.  20-A MRSA §15683-B, sub-§3, ¶C, as enacted by PL 2015, c. 54, §6, 
is amended to read:
C.  The limited English proficiency student learner allocation, which is the pupil 
count pursuant to subsection 2, paragraph C multiplied by the additional weight for 
each limited English proficiency student learner pursuant to section 15675, 
subsection 1;
Sec. 38.  20-A MRSA §15689, sub-§11, ¶B, as amended by PL 2017, c. 284, Pt. 
C, §51, is further amended to read:
B.  The amount of the adjustment for economically disadvantaged students is the 
difference, but not less than zero, between the state share of the total allocation under 
this chapter and the amount computed as the school administrative unit's total 
allocation for economically disadvantaged students, multiplied by the relevant 
percentage in subsection 1, paragraph B.
Sec. 39.  20-A MRSA §15692, sub-§1, as enacted by PL 2005, c. 2, Pt. D, §62 
and affected by §§72 and 74 and c. 12, Pt. WW, §18, is amended to read:
1.  School administrative unit. For the purposes of section 15695 and Title 20, 
sections 3457 to 3460, a special school district is deemed to be a school administrative 
unit.
Sec. 40.  20-A MRSA §15903, sub-§3, as amended by PL 2011, c. 691, Pt. B, 
§21, is repealed.
Sec. 41.  20-A MRSA §15908, sub-§1, as amended by PL 2011, c. 691, Pt. B, 
§22, is further amended to read:
1.  Technical assistance.  In order to provide the technical assistance required by the 
state board in assessing proposed school construction projects, the Bureau of General 
Services department may contract for the services of a professional engineer whenever 
the bureau department is not employing qualified personnel on a full-time basis.
Sec. 42.  20-A MRSA §15908, sub-§3, as amended by PL 2011, c. 691, Pt. B, 
§22, is further amended to read:
3.  Life-cycle costs.  The department and the Bureau of General Services may not 
approve the plans and specifications of a project that does not meet the requirements of 
Title 5, chapter 153, subchapter 1-A.
Sec. 43.  30-A MRSA §5953-C, sub-§3, as amended by PL 2007, c. 66, §1, is 
further amended to read:
3.  Proposals; contracts. The bank shall solicit proposals from energy service 
companies and individual vendors of energy service products.  Notwithstanding any 
provision of the law regarding bidding requirements, the bank shall contract with an 
energy service company or companies or vendor or vendors to provide energy services in 
municipal and school buildings under the program.  Whenever the bid proposals received 
are substantially equivalent, the bank shall in the contract process select an in-state 
energy service company or vendor whose primary place of business is within this State.  
For public school projects, bid proposals for energy efficiency improvements must 
include plans and specifications that are adequate to permit review by the agencies listed 
under Title 20-A, section 15903, subsection 3 and that bear the stamp of a licensed 
professional engineer or licensed architect.  The agencies listed in Title 20-A, section 
15903, subsection 3 shall review the plans and specifications and approve or disapprove 
them within a reasonable time period.
SUMMARY
This bill makes the following changes to the education laws.
1.  It repeals a provision of law relating to a central information system on resources 
for people with disabilities.
2.  It repeals a provision of law relating to hazardous chemicals in schools.
3.  It repeals provisions of law relating to school construction projects approved by 
the State Board of Education prior to July 1, 1977.
4.  It replaces the term "limited English proficiency student" with the term "English 
learner."
5.  It repeals a provision of law relating to Alcohol Awareness Day.
6.  It authorizes a school board to provide school nurse services through an agreement 
with an individual registered professional nurse.
7.  It repeals provisions of law relating to the Department of Education activities 
relating to school substance use disorder services and performance-enhancing substances 
and the Obesity and Chronic Disease Fund.
8.  It removes the limitation on the total cost of the components of essential programs 
and services.
9.  It changes the amount of the adjustment for economically disadvantaged students.
10.  It removes a requirement that school construction project plans and specifications 
must be approved by certain state entities.
11.  It removes the Department of Administrative and Financial Services, Bureau of 
General Services from the requirement to perform certain activities relating to school 
construction projects.
12.  It includes psychometrically valid English language proficiency screening for 
potential English learners in the screening that local units may develop.
13.  It removes a reference to Maine Merchant Marine Day in the powers and duties 
of the State Board of Education.
14.  It amends the powers and duties of a cooperative board for a career and technical 
education region.
15.  It amends the laws governing elementary and secondary tuition students.
16.  It adds a definition of "rural school administrative unit" for purposes of 
allocating federal funds under the federal Every Student Succeeds Act.
17.  It increases from 90 days to 150 days the period of time in which a charter school 
authorizer must submit an annual report.