| Be it enacted by the People of the State of Maine as follows: |
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| | Sec. 1. 20-A MRSA §7201, sub-§2, ¶C, as enacted by PL 1981, c. 693, §§5 | and 8, is amended to read: |
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| C. An exceptional student may be placed in a regional | program, a residential school or institution, or in a | private day school or program, only after supporting | evaluative data justifying the placement have been submitted | to and approved by the commissioner. |
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| | Sec. 2. 20-A MRSA §7253, sub-§4, as enacted by PL 1981, c. 693, §§5 | and 8, is amended to read: |
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| | 4. Funding. The regional program shall must be supported by | funds included in the special education appropriations of each of | the member school administrative units. The department shall | appropriate funds only for out-of-district special education | placements approved by the commissioner under section 7201, | subsection 2, paragraph C. |
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| | Sec. 3. 20-A MRSA §15603, sub-§26-A, ¶F, as amended by PL 1995, c. 665, | Pt. J, §2, is further amended to read: |
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| F. If for any fiscal year, the total amount appropriated | for the State's share of the total allocation is less than | the amount specified in the certified funding level for that | year, then all subsidizable costs except as noted in | subparagraphs (1) and, (2) and (3) are reduced by a | percentage of the original cost amounts. The reduction | percentage is the smallest percentage that results in a | state share of the total allocation that does not exceed the | amount appropriated for this purpose, except that the | reduction percentage that would ordinarily be used for | operating and program costs must be reduced for the purpose | of computing state subsidy for transportation operating | costs as defined in subsection 29. The reduction percentage | ordinarily used for transportation operating costs must be | reduced by the amount necessary to provide additional state | subsidy equal to $4,500,000 for this category of costs. The | statewide adjustment factor under section 15654, subsection | 1, paragraph B must be adjusted by an amount sufficient to | provide this additional funding for program costs. The | following subsidizable costs may not be reduced: |
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| (1) Principal and interest on approved school | construction costs; and |
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| (2) Approved lease costs.; and |
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