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Amend the bill in Part A by inserting after section 1 the following:
‘Sec. A-2. 20-A MRSA §6051, sub-§1, ¶H, as enacted by PL 2009, c. 571, Pt. E, §12, is amended to read:
 
H. A determination of whether the school administrative unit has complied with budget content requirements pursuant to section 15693, subsection 1 and cost center summary budget format requirements pursuant to sections 1305-C, 1485, 1701-C and 2307; and
Sec. A-3. 20-A MRSA §6051, sub-§1, ¶I, as enacted by PL 2009, c. 571, Pt. E, §13, is amended to read:
 
I. A determination of whether the school administrative unit has exceeded its authority to expend funds, as provided by the total budget summary article.; and
Sec. A-4.  20-A MRSA §6051, sub-§1, ¶J  is enacted to read:
 
J. A determination of whether the school administrative unit has complied with the applicable provisions of the unexpended balances requirements established under section 15004.’
Amend the bill in Part B in section 1 in subsection 4 in the 4th line (page 1, line 34 in L.D.) by striking out the following: "30" and inserting the following: '45'
Amend the bill in Part E in section 1 in subsection 9 in the last line (page 3, line 34 in L.D.) by inserting after the following: "expense." the following: 'For the purposes of this subsection, "foreign exchange student" means a student who has been approved for a J-1 visa to participate in the Exchange Visitor Program for secondary school students pursuant to the provisions of the federal Mutual Educational and Cultural Exchange Program under 22 United States Code, Chapter 33 and 22 Code of Federal Regulations, Section 62.25.'
Amend the bill in Part H in section 1 in §8101-A by striking out all of subsection 3 and inserting the following:
 
‘3.  Waivers.     Beginning with the 2012-2013 school year, a school administrative unit that did not operate a gifted and talented program in the 2011-2012 school year may apply to the commissioner for a one-year waiver of this requirement if full implementation of this requirement presents an undue burden. The commissioner may grant a school administrative unit a waiver upon receipt of an application from the school administrative unit that includes the basis for the waiver request. Financial hardship is one criterion the commissioner must consider in determining whether to grant a waiver. The rules amended or adopted by the department under subsection 4 must establish requirements applicable to the commissioner's authority to grant a one-year waiver to a school administrative unit and must provide requirements for an extension of a one-year waiver granted to a school administrative unit, including provisions that require that any additional request for extensions must be submitted and reviewed on an annual basis.
 
4.  Rules.    The department shall amend or adopt routine technical rules as defined in Title 5, chapter 375, subchapter 2-A establishing procedures and criteria for approval of gifted and talented education programs under this chapter.’
Amend the bill by inserting after Part I the following:
PART J
‘
Sec. J-1. 20-A MRSA §1511, as amended by PL 2011, c. 171, §4, is further amended to read:
§ 1511.Supermajority vote to close school in the regional school unit
A school operated within the regional school unit may not be closed for lack of need unless closure of the school is approved at a regular or special meeting of the regional school unit board by an affirmative vote of 2/3 of the elected membership or voting power of those serving on the regional school unit board at the time of the vote. A regional school unit must proceed in accordance with section 1512 for elementary schools or for secondary schools if the regional school unit has more than one secondary school. For regional school units with only one member municipality, section 1512 does not apply and the regional school unit must proceed in accordance with section 4102, subsection 4, paragraph B-1.’
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section number to read consecutively.
 
SUMMARY
This amendment is the minority report of the Joint Standing Committee on Education and Cultural Affairs. The amendment makes the following changes to the bill.
1. It provides that the required annual audit of school administrative units must include a determination of whether the school administrative unit has complied with unexpended balances requirements established under the Maine Revised Statutes, Title 20-A, section 15004.
2. It requires that the regional school unit budget meeting occur within 45 days after the failure of a budget validation referendum. The bill requires that the regional school unit budget meeting must occur within a 30-day time period.
3. It includes a definition of "foreign exchange student," with reference to federal laws and regulations, in the laws governing who is eligible to be counted as a resident student for state subsidy purposes.
4. It provides that a school administrative unit that did not operate a gifted and talented program in the 2011-2012 school year may apply to the Commissioner of Education for a one-year waiver if full implementation of the requirement presents an undue burden.
5. It provides that the rules amended or adopted by the Department of Education must establish the provisions applicable to the Commissioner of Education's authority to grant a one-year waiver to a school administrative unit that did not operate a gifted and talented program in the 2011-2012 school year. The rules must also address the commissioner's authority to review additional extension requests on an annual basis.
6. It amends the supermajority vote needed to close a school within a regional school unit by providing that a school may not be closed for lack of need unless closure of the school is approved by an affirmative vote of 2/3 of the elected membership or voting power of those serving on the regional school unit board of directors at the time of the vote.
FISCAL NOTE REQUIRED
(See attached)