Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 61 - STATE BOARD OF EDUCATION RULES FOR MAJOR CAPITAL SCHOOL CONSTRUCTION PROJECTS › Section 071-61-6 - SCHOOL CONSTRUCTION ELIGIBILITY AND APPROVAL PROCESS

Current through 2024-29, July 17, 2024
1.
Adequate Education
In making a determination under
				  20-A M.R.S.A.
				  §15905(2) as to whether
				  a proposed high school designed for less than 300 pupils will have an "adequate
				  education program," the State Board shall consider criteria listed below. The
				  Board will obtain information from the Department when available. Other data
				  shall be provided by the applicant SAU. These data shall be submitted to the
				  State Board no later than 60 days after the State Board has designated the
				  project for placement on the Approved Projects List. The State Board may
				  consider such other information as it considers relevant to a given
				  application. Similarly, the applying SAU may submit to the State Board any
				  additional information it deems relevant.
After reviewing these materials, the State Board will
				  determine whether the SAU will have the capacity to provide an adequate
				  education program. The State Board will have 60 days from the receipt of the
				  following data to issue, in writing, its decision and the rationale for that
				  decision.
A.
Faculty
				Quality
- The percentage of faculty holding provisional or professional
				certification shall be no more than one standard deviation below the State
				average for schools of 300 or less.
B.
Graduation Rate
- Starting
				with data for the 2008-2009 school year, the State Board shall review the
				graduation rates for each of the most recent five years; however, the data
				considered shall not include years prior to the school year 2005-2006. The
				average for those years shall be no more than one standard deviation below the
				State average for secondary schools of 300 or fewer students for the same
				period.
C.
Maine State
				Evaluation System
- For the preceding five years, the percentage of
				students who fall within the "Does Not Meet the Standard" category shall be no
				more than one standard deviation greater than the State average for this
				category for schools of 300 or less.
D.
Fiscal Sustainability
- The
				applicant SAU must demonstrate fiscal capacity to maintain both its facilities
				and an adequate education program based on data in the following areas:
(1)
Enrollment Data
- History
				for the last ten years (Department data) and a projection for the next ten
				years.
(2)
Budget
				History
- Revenues and expenditures for the last five years and
				projected budgets for the next five years based on EPS, mill rate, number of
				students, etc.
(3)
Income
				Data and Trends
- Household income data for the most recent five-year
				period for which they are available for all communities to be served.
(4)
Valuation
- Current and
				previous five-year valuation for the communities involved and any expected
				changes in the near future (e.g., new industrial complex planned,
				etc.).
(5)
Operational
				Costs
- Projected operational costs for the proposed facility for each
				of the next five years using the Department model.
(6)
Financial Obligations
- A
				report of any projected increase/decrease in major financial obligations and
				the capacity of the communities to absorb them as anticipated for the next five
				years.
E.
Comprehensive Education Plan
- The applicant unit must demonstrate
				that it has a Comprehensive Education Plan that meets the criteria and
				standards established by the Department and the State Board as set forth in
				Chapter 125 and also relevant sections of Chapter 127, with particular
				attention to the current and future education programs and recent results in
				the following aspects of the Comprehensive Education Plan:
(1) Access for all students to a curriculum
				that is fully aligned with the Maine Learning Results.
(2) A comprehensive program with adequate
				resources and a component that assists all students in planning for
				post-secondary education.
(3) A
				comprehensive student support program designed to assist all students in
				meeting the Maine Learning Results.
(4) A technology program that is fully
				integrated into the curriculum and provides all students with access to
				computing and other relevant technologies as they emerge.
Any denial of approval by the State Board under these
				  provisions requires a determination that alternative solutions are available.
				  Such alternative solutions must respect distances, time on the bus, and health
				  and safety concerns. In addition, an alternative solution, if it will include
				  major capital school construction, must respect the considerations specified in
				  Section 6, subsection
				  1, paragraph D, "Fiscal
				  Sustainability," with particular attention to item (5), "Operational
				  Costs."