An Act to Amend Laws Affectmg Tuition at State-approved Schools
Maine Legislature, Session 131, LD 0808
Committee Amendment CA_A_H860 (House)
Amends: 20-A MRSA §15674, 20-A MRSA §15675, 20-A MRSA §15678, 20-A MRSA §15679, 20-A MRSA §15681-A, 20-A MRSA §15683, 20-A MRSA §15689

COMMITTEE AMENDMENT " /t " to H,P. 497, L.D. 808, "An Act to Amend Laws
Affectmg Tuition at State-approved Schools"
Amend the bill by striking out the title and substituting the following:
'An Act to Amend the Pupil Counts Used for Determination of School Administrative
Unit Operating Costs'
Amend the bill by striking out everything after the enacting clause and inserting the
followmg:
'See. 1. 20-A MRSA §15674, sub-§l, as corrected by RR 2021,c.1, Pt, A,§20, is
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;
C, Beginning in fiscal year 2018-19 and until fiscal year 2022-23;
(1) The average of the pupil counts for October 1st of the 2 most recent calendar
years prior to the year of funding, reported in accordance with section 6004,
mcluding the counts of students enrolled in an alternative education program made
in accordance with section 5104-A;aad
D. Beginning in fiscal year 2022-23 and until fiscal year 2025-26:
(1) The average of the pupil counts for October 1st of the 2 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 made
COMMITTEE AMENDMENT
COMMITTEE AMENDMENT " M'" to H,P. 497, L.D. 808
in accordance with section 5104-A, except that if a school administrative unit
experiences a decline in total school administrative unit shident enrollment of 10%
or more in the most recent year, the pupil counts for October 1st of the 3 most
recent calendar years prior to the year of funding must be used unless that count is
less than the average of the October 1st pupil counts of the 2 most recent calendar
yearsT; and
EJjeginning in fiscal year 2025-26, the greater of;
(1) The average of the pupil counts for October 1st of the 3 most recentcalendar
years prior to the year of funding, reported in accordance with section 6004,
mcluding the counts of students enrolled in an alternative education program made
in accordance with section. 5104-A;and
(2} The most recent October 1 st uuoil count prior to the year of funding, reported
in accordance with section 6004. includine the count of students enrolled in an
alternative education program made in accordance with section 5104-A.
Sec. 2. 20-A MRSA §15674, sub-§2, as amended by PL 2021, c. 428, §4, is
repealed.
Sec. 3. 20-A MRSA §15675, first % as amended by PL 2021, c. 428, §5, is further
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 G-w D or E. whichever is
applicable.
Sec. 4. 20-A MRSA §15678, sub-§3, as amended by PL 2021, c. 428, §6, is further
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 15 674, subsection
1, paragraph G-w D or E, whichever is applicable, 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. 5. 20-AMRSA §15679, sub-§3, as amended by PL 2021, c, 428, §7, is further
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 G-e? D or E, whichever is applicable, the number of staff positions that are
required in order to achieve the student-to-staff ratios set forth in subsection 2.
6 Sec. 6. 20-A MRSA §15679, sub-§5, as amended by PL 2021, c, 428, § 8, is further
amended to read:
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 15 674, subsection 1, paragraph G-e? D or E, whichever
is applicable. 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,
Page2-131LR0582(02)
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COMMITTEE AMENDMENT " f-\" to H,P. 497, L.D. 808
Sec. 7. 20-A MRSA §15681-A, sub-§2, as amended by PL 2017, c. 284, Pt, C,
§37 and affected by §66, is further amended to read:
2. Special education costs. A school administrative unit receives an additional weight
of 1.50 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) D or E,
whichever is applicable. For those school admmistrative 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, subparagmph (1) D or E. whichever is applicable, 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 allocations:
A. For lower staff-student ratios and expendihires for related services for school
administrative units with fewer than 20 special education students identified on the
annual December 1 st 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 fhe statewide special education EPS per-
pupil rate;
D, Beginning July 1, 2018, to ensure the school administrative unit meets the federal
maintenance of effort requirement for receiving federal Individuals with Disabilities
Education Act funds in accordance with recommendations of any legislative task force
established in the First Regular Session of the 128th Legislature to identify special
education cost drivers and innovative approaches to services; and
E. A separate allocation must be determined for high-cost out-of-district special
education placements in accordance with this paragraph.
' (1) For private school 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.
(2) For public school 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,
(3) For public regional special education program placements, additional funds
must be allocated for each student estimated to cost 2 times the statewide special
education EPS per-pupil rate. The additional funds for each student must equal the
COMMITTEE AMENDMENT
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COMMITTEE AMENDMENT " 1-\ " to H.P. 497, L.D. 808
amount by which that student's estimated costs exceed 2 times the statewide special
education EPS per-pupil rate. Resident students for the fiscal agent of the regional
special education program are considered out-of-district placements for purposes
of this determination. The commissioner may expend and disburse funds pursuant
to section 15689, subsection 9 for direct contractual agreements to provide legal
services, facilitation services and other services to assist a school administrative
unit with planning and implementing a regional special education program.
The commissioner shall develop an appeals procedure for calculated special education
costs for school administrative units;
Sec. 8. 20-A MRSA §15683, sub-§l, ^[A, as amended by PL 2021, c. 428, §9, is
further amended by amending subparagraph (1) to read:
(1) The pupil count set forth in section 15674, subsection 1, paragraph G-of D or
E, whichever is applicable;
Sec. 9. 20-A MRSA §15683, sub-§l, ^|B, as amended by PL 2019, c. 398, §33,is
further amended by amending subparagraph (1) to read:
(1) The pupil count set forth in section 15674, subsection 1, paragraphs A, B and
G D or E, whichever is applicable;
Sec. 10. 20-A MRSA §15683, sub-§l, ^[C, as amended by PL 2005, c. 635, §8, is
further amended by amending subparagraph (1) to read;
(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, subparugraph (1) D or E. whichever is applicable; and
Sec. 11. 20-A MRSA §15683, sub-§l, ^[C, as amended by PL 2005,c.635, §8, is
further amended by amending subparagraph (2) to read:
(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
0 calculated pursuant to section 15674, subsection 1 , paragraph C, subparagraph (1)
D or E. whichever is applicable;
Sec. 12. 20-AMRSA §15683, sub-§l,UD, as corrected by RR 2017, c, l,§ll,is
amended by amending subparagraph (1) to read:
(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 G;
8 subparagi^fe^ D or E. whichever is applicable; and
Sec. 13. 20-A MRSA §15683, sub-§l, ^D, as corrected by RR 2017, c. 1, §11,is
amended by amending subparagraph (2) to read:
(2) The product of the high school level per-pupil amount for targeted technology
resource funds calculated pursuant to section 15681, subsection 3 multiplied by the
COMMITTEE AMENDMENT
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COMMITTEE AMENDMENT " f-\" to H,P, 497, L.D. 808
grade 9 to 12 portion of the pupil count calculated pursuant to section 15674,
subsection 1, paragraph C, subpamgraph (1) D or E. whichever is applicable;
Sec. 14. 20-A MRSA §15689, sub-§l, ^A, as amended by PL 2017, c. 284, Pt, C,
§49, is further amended by amending subparagraph (1) to read;
(1) Multiplying 5% of each school administrative unit's essential programs and
services per-pupil elementaiy rate by the average number of resident kindergarten
to grade 8 pupils as determined under section 15674, subsection 1, paragraph G^
sybpamgmpfe-^ D or E. whichever is applicable; and
Sec. 15. 20-A MRSA §15689, sub-§l, ^A, as amended by PL 2017, c, 284, Pt. C,
§49, is further amended by amending subparagraph (2) to read:
(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 €?
Gubparagm-pfe-^ D or E. whichever is applicable; and'
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section
number to read consecutively,
SUMMARY
This amendment replaces the bill, which is a concept draft, and changes the title. The
amendment amends the calculation of the pupil count used for determination of operating
costs for school administrative units to provide that, beginning in fiscal year 2025-26, the
pupil count includes the greater of the average of the pupil counts for October 1st of the 3
most recent calendar years prior to the year of funding and the most recent October 1st
pupil count. The amendment corrects cross-references to these provisions of law as
necessary. The amendment also repeals outdated language that is no longer used in
calculating the pupil count,
FISCAL NOTE REQUIRED
(See attached)
COMMITTEE AMENDMENT
Approved: 02/08/24 ^y^f-
LD 808 LR 582(02)
An Act to Amend Laws Affecting Tuition at State-approved Schools
Fiscal Note for Bill as Amended by Committee Amendment 7-f' { /-/"""('
Committee: Education and Cultural Affairs
Fiscal Note Required: Yes
Fiscal Note
Future biennium increase in total cost of public education from kindergarten to grade 12
Fiscal Detail and Notes
Changing the calculation of the average pupil count used to determine the operating cost component of essential
programs and services from an average of the 2 most recent October 1st pupil counts to the use of either the average
the pupil counts for October 1st of the 3 most recent calendar years or the most recent October 1 pupil count,
whichever is greater, will increase the total cost of public education from kindergarten, and the state's share of that
cost, beginning in fiscal year 2025-26. The impact cannot be estimated and will depend on the total increase in the
pupil count as a result of this new methodolgy.
LR05 82(02) - Fiscal Note - Page 1 of 1