Sec. UU-1. 20-A MRSA §15671, sub-§6, as amended by PL 2005, c. 2, Pt. D, §33 and affected by §§72 and 73, is further amended to read:
6. Targeted funds. Funds for technology, assessment and the costs of additional investments in educating children in kindergarten to grade 2 as described in section 15681 must be provided as targeted
grantsallocations. School administrative units shall submit a plan for the use of these funds and shall receive funding based on approval of the plan by the commissioner.Sec. UU-2. 20-A MRSA §15675, sub-§1, as amended by PL 2005, c. 2, Pt. D, §38 and affected by §§72 and 73, is further amended to read:
1. Limited English proficiency students. The additional weights for school administrative units with limited English proficiency students are as follows:
A. For a school administrative unit with 15 or fewer limited English proficiency students, the unit receives an additional weight of .50 per student;
B. For a school administrative unit with more than 15 and fewer than 251 limited English proficiency students, the unit receives an additional weight of .30 per student; and
C. For a school administrative unit with 251 or more limited English proficiency students, the unit receives an additional weight of .60 per student.; and
D. Notwithstanding paragraphs A, B and C and for fiscal year 2005-06 only, a school administrative unit that receives an allocation for limited English proficiency students and that has more than 15 and fewer than 26 limited English proficiency students is eligible for an adjustment to its allocation for limited English proficiency students that is the difference between the amount that the school unit would have received under the calculation described in paragraph B and the amount that is calculated when the school unit receives for the first 15 students a weight of .50 instead of .30 as otherwise required under paragraph B. This paragraph is repealed June 30, 2006.
Eligibility for state funds under this subsection is limited to school administrative units that are providing services to limited English proficient proficiency students through programs approved by the department.
Sec. UU-3. 20-A MRSA §15681-A, sub-§3, as enacted by PL 2005, c. 2, Pt. D, §44 and affected by §§72 and 73, is amended to read:
3. Transportation costs. For fiscal year 2005-06, the commissioner, using information provided by a statewide education policy research institute, shall establish a per-pupil transportation cost for each school administrative unit based on an analysis of the most recent year's reported transportation expenditures and a predicted per-pupil transportation cost based on the number of resident pupils, the number of miles of Class 1 to Class 5 roads in the school administrative unit and any approved adjustments. In fiscal year 2005-06 the established per-pupil transportation cost for each school administrative unit is the most recent year's reported transportation expenditures or predicted per-pupil transportation cost, plus 10%, whichever is lower. Beginning in fiscal year 2006-07, and for each subsequent fiscal year, the per-pupil transportation costs for each school administrative unit are its established costs for the most recent year adjusted by the Consumer Price Index or other comparable index. For fiscal years 2005-06 and 2006-07, in no case may the per-pupil transportation costs for a school administrative unit be less than 75% of the established costs for the most recent fiscal year, except that for fiscal year 2005-06 only the per-pupil transportation costs for a school administrative district or a community school district that has more than 1,250 resident pupils in the school district may not be less than 90% of the established costs for the most recent fiscal year. Every 3 years, the commissioner, using information provided by a statewide education policy research institute, shall examine and may adjust reported transportation expenditures and predicted transportation costs. The commissioner shall develop an appeals procedure for established per-pupil transportation costs for school administrative units;
Sec. UU-4. 20-A MRSA §15686, sub-§1, as enacted by PL 2005, c. 2, Pt. D, §52 and affected by §§72 and 73, is repealed and the following enacted in its place:
1. Adjustment in fiscal year 2005-06. A school administrative unit is eligible for a transition adjustment in fiscal year 2005-06 according to the provisions of this subsection.
A. A school administrative unit is eligible to receive a transition adjustment in fiscal year 2005-06 if the school administrative unit's state share of the total allocation, including the debt service adjustment pursuant to section 15689, subsection 2, and the minimum state share of its total allocation pursuant to section 15689, subsection 1 is less than the fiscal year 2004-05 state share of its total allocation, including the minimum state share of its total allocation pursuant to former section 15689, subsection 1 and the adjustment for geographic isolation pursuant to section 15612, subsection 2. The state share adjustment is an amount equal to that difference less the losses due to reduced expenditures for buses, debt service, special education, gifted and talented education and vocational education.
(1) A school administrative unit that meets the criteria under this paragraph is eligible to receive no less than a 5% transition adjustment in fiscal year 2005-06 if the school administrative unit operates an elementary or secondary school and also has a student count of less than 1,000.
(2) A school administrative unit that meets the criteria under this paragraph is eligible to receive no less than a 2.5% transition adjustment in fiscal year 2005-06 if the school administrative unit operates an elementary or secondary school and also has a student count of 1,000 or more.
B. A small school administrative unit is eligible to receive a transition adjustment in fiscal year 2005-06 if the school administrative unit operates an elementary or secondary school, raises the maximum local cost share expectation pursuant to section 15671-A and also has a student count of less than 500. A school administrative unit that meets these criteria is eligible to receive 86% instead of 84% of the base total calculated pursuant to section 15683, subsection 2 in fiscal year 2005-06.
Sec. UU-5. Fund for the Efficient Delivery of Educational Services; grant program for cost-effective small schools. In developing the implementation plan for the Fund for Efficient Delivery of Educational Services as required pursuant to Public Law 2005, chapter 2, Part D, section 66, the Commissioner of Education shall review the delivery of educational programs and services in small school administrative units and shall design a grant program to promote the preservation of cost-effective community schools in small school administrative units in the State.
Sec. UU-6. Study of high-performing and cost-effective small schools. The Maine Education Policy Research Institute within the University of Southern Maine shall conduct a review of high-performing and cost-effective small schools in the State. The steering committee of the Maine Education Policy Research Institute shall include a targeted research project to the fiscal year 2005-06 work plan to permit the principal investigators of the Maine Education Policy Research Institute to provide such technical assistance as may be required to complete this study. The Maine Education Policy Research Institute may receive input from the Joint Standing Committee on Education and Cultural Affairs regarding the expectations of the Legislature with respect to the completion of this study. Based upon its analyses, the Maine Education Policy Research Institute shall develop models of small schools that are both high-performing and cost-effective. The Maine Education Policy Research Institute shall report its findings and recommendations, including the characteristics of high-performing and cost-effective small schools and proposed adjustments to the cost components of the Essential Programs and Services Funding Act, to the Joint Standing Committee on Education and Cultural Affairs by November 30, 2005. The Joint Standing Committee on Education and Cultural Affairs may introduce a bill related to the report to the Second Regular Session of the 122nd Legislature.
Sec. UU-7. Review of additional weights provided for limited English proficiency. The Commissioner of Education shall review the most recent data available related to the costs borne by school administrative units that are providing services to limited English proficiency students. The commissioner may consult with the Maine Educational Policy Research Institute within the University of Southern Maine to conduct this review. The commissioner shall report the findings of this review, including any recommended legislation, to the Joint Standing Committee on Education and Cultural Affairs by November 30, 2005. The Joint Standing Committee on Education and Cultural Affairs may introduce a bill related to the report to the Second Regular Session of the 122nd Legislature.
Sec. UU-8. Allocation of targeted funds for technology, assessment and costs of education for kindergarten to grade 2 in fiscal year 2005-06. For fiscal year 2005-06, each school administrative unit must receive targeted allocations for technology, assessment and costs of education for kindergarten to grade 2 in accordance with the Maine Revised Statutes, Title 20-A, section 15671, subsection 6. School administrative units shall make every effort to use these targeted allocations for the purposes for which they were provided, however school administrative units may not be penalized for not adhering explicitly to the intent of the targeted funds in fiscal year 2005-06. Each school administrative unit must submit a plan for the use of targeted funds for both fiscal years 2005-06 and 2006-07 by January 15, 2006 for approval of the plans by the Commissioner of Education. The commissioner shall provisionally adopt rules pursuant to the Maine Revised Statutes, Title 20-A, section 15687 that establish the requirements for school administrative unit plans and the use of targeted funds for technology, assessment and costs of education for kindergarten to grade 2 in accordance with Title 20-A, section 15671, subsection 6 and Title 20-A, section 15681 no later than December 2, 2005 so that the Legislature may consider these rules during the Second Regular Session of the 122nd Legislature.
Sec. UU-9. Review of regional adjustment to salary and benefit costs for fiscal year 2006-07. For fiscal year 2006-07, the Commissioner of Education shall review the regional adjustment to the salary and benefit costs of school-level teachers and for school-level staff who are not teachers as calculated under the Maine Revised Statutes, Title 20-A, section 15682. The Commissioner of Education may consult with the Commissioner of Labor and the Maine Educational Policy Research Institute within the University of Southern Maine to address the following:
1. The efficacy of using this regional adjustment as a means to providing an adequate level of resources for teachers and other school-level personnel under the Essential Programs and Services Funding Act;
2. The efficacy of using this regional adjustment as a means to providing a recruitment and retention incentive for teachers in all school administrative units in the State; and
3. The implications of the reduction in the number of labor market areas in the State on this regional adjustment, including an analysis of the impact of the Department of Labor plan to develop its labor force employment data based on 31 labor market areas in the State compared to the 35 labor market areas previously used for these purposes.
The Commissioner of Education shall report the findings of this review, including any recommended legislation, to the Joint Standing Committee on Education and Cultural Affairs by November 30, 2005. The Joint Standing Committee on Education and Cultural Affairs may introduce a bill related to the report to the Second Regular Session of the 122nd Legislature.
Sec. UU-10. Review of implications of minimum state allocation adjustments for certain school administrative units. The Commissioner of Education shall review the most recent data available related to the implications of the minimum state allocation adjustments enacted pursuant to Public Law 2005, chapter 2 for certain school administrative units whose state share of the school administrative unit's debt service costs were adjusted pursuant to the Maine Revised Statutes, Title 20-A, section 15689, subsection 2. The commissioner shall conduct a comprehensive analysis of the 6 so-called "outlier" school administrative units that may be adversely affected by the minimum state allocation adjustments enacted pursuant to Public Law 2005, chapter 2. The commissioner shall propose potential solutions, including a phase-in approach to resolving the adverse fiscal impact for these school administrative units. The commissioner shall report the findings of this review, including any recommended legislation, to the Joint Standing Committee on Education and Cultural Affairs by November 30, 2005. The Joint Standing Committee on Education and Cultural Affairs may introduce a bill related to the report to the Second Regular Session of the 122nd Legislature.
Sec. UU-11. Review of transportation costs for certain rural schools. The Commissioner of Education shall review the costs defined in the Maine Revised Statutes, Title 20-A, section 15681-A, subsection 3 as the costs pertain to school administrative districts or community school districts that have more than 1,250 resident pupils, in conjunction with other adjustments and funding increases provided by law to determine an appropriate level of funding for fiscal year 2006-07 in order for those districts to maintain their current level of transportation services. The commissioner shall report these findings by November 30, 2005 including any recommended legislation to the Joint Standing Committee on Education and Cultural Affairs and the Joint Standing Committee on Appropriations and Financial Affairs.
Sec. UU-12. Application. This Part applies to school budgets passed for the fiscal year beginning July 1, 2005, and thereafter.
Sec. UU-13. Effective date. This Part takes effect July 1, 2005.
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