H.P. 632 - L.D. 857
Resolve, to Require the Department of Education to Review the Methods Used to Determine the Tuition Rates of a Receiving School for a Student from Another School District
Emergency preamble. Whereas, Acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, this legislation requires the Department of Education to review the methods used to determine the tuition rate of a receiving school for a student from another school district; and
Whereas, this legislation is necessary as an emergency measure to afford adequate time for the issues to be appropriately addressed by the department; and
Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore, be it
Sec. 1. Study. Resolved: That the Department of Education shall review the current methods used by the State and local school administrative units to determine tuition reimbursement rates for students who are educated in a school administrative unit other than their own or in a private school. In reviewing tuition reimbursement policies, the department shall examine school finance and governance issues in public schools, kindergarten to grade 12, including, but not limited to:
A. The affordability, efficiency and fairness of state tuition reimbursement policies and the options, costs and benefits of a policy utilizing a maximum allowable tuition rate instead of an average state share percentage;
B. The impact of tuition policies and practices on school administrative units that have higher operating expenditures per student than the state reimbursement rate;
C. The needs of school administrative units that receive lower state subsidies and for which tuition rates are higher than the operating costs;
D. The effect of tuition rates with respect to the number of tuitioned students; capital costs associated with tuitioned students, including the use of facilities, new construction or renovation costs, transportation and special education costs; and the ability of local communities to pay a fair price for the education of their students;
E. The efficiency and fairness of extending to public schools the insured value factor that private schools currently receive; and
F. The timeliness of the State in determining the tuition reimbursement rate and the impact on the budget development process of the local school administrative unit; and be it further
Sec. 2. Report; recommended legislation. Resolved: That the Department of Education shall report its findings and may submit any recommended legislation to the Joint Standing Committee on Education and Cultural Affairs by January 1, 1998. After reviewing the department's report and any accompanying legislation, the committee may submit legislation to the Second Regular Session of the 118th Legislature; and be it further
Sec. 3. Budget authorization. Resolved: That the Commissioner of Education shall utilize the department's existing budgeted resources to examine and report on the matters pursuant to this resolve. The commissioner may accept and administer any outside funds contributed to support the work of this study.
Emergency clause. In view of the emergency cited in the preamble, this resolve takes effect when approved.
Effective June 12, 1997.
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