CHAPTER 128
S.P. 648 - L.D. 1716
Resolve, Regarding Participation in the Federal No Child Left Behind Act of 2001
Sec. 1. Prohibition on use of state funds; exceptions. Resolved: That, in order to give priority to the implementation of Maine's system of learning results, and consistent with Title IX, Part E, Subpart 2, Section 9527 of the federal No Child Left Behind Act of 2001, the Department of Education may not spend any state funds or incur any costs not paid for under the federal No Child Left Behind Act of 2001 in order to comply with the provisions of the act, except for state funds necessary to act in accordance with sections 2, 3, 4 and 5 of this resolve; and be it further
Sec. 2. Administration of federal education funds. Resolved: That the Department of Education may administer such federal funds as may be made available to the State under Public Law 89-10, known as the federal Elementary and Secondary Education Act of 1965, as amended by Public Law 107-110, known as the federal No Child Left Behind Act of 2001. Those funds may be accepted and must be distributed and accounted for by the Department of Education in accordance with the federal No Child Left Behind Act of 2001 and federal regulations issued under provisions of that act even if there is conflict between that act or those regulations and the statutes and rules of this State; and be it further
Sec. 3. Compliance with federal requirements of No Child Left Behind Act of 2001. Resolved: That, notwithstanding the provisions of the Maine Revised Statutes, Title 20-A related to the implementation of Maine's system of learning results, and in order to comply with the provisions of the federal No Child Left Behind Act of 2001 during the 2003-2004 and 2004-2005 school years, the Commissioner of Education is authorized to determine annually whether schools are meeting state standards, and the Department of Education is authorized to impose consequences allowed in state law and required by the federal No Child Left Behind Act of 2001 within the time frame required in that act. The Department of Education may expend other state funds for activities the department was already conducting consistent with the federal No Child Left Behind Act of 2001, or for activities already authorized in the budgets for fiscal years 2003-04 and 2004-05. It is the intent of the Legislature that the Department of Education continue to study the provisions of the federal No Child Left Behind Act of 2001 and continue to seek guidance from the United States Department of Education in order to determine changes necessary in the act and in federal regulations issued under the act; and be it further
Sec. 4. Investigation. Resolved: That the Department of Education shall conduct a thorough investigation of the costs and benefits of participating in the federal No Child Left Behind Act of 2001. The investigation must focus on the costs and benefits of aligning the federal No Child Left Behind Act of 2001 with Maine's system of learning results and must include a comprehensive analysis of the costs and benefits of participating in the federal No Child Left Behind Act of 2001; and be it further
Sec. 5. Report. Resolved: That, no later than January 15, 2005, the Department of Education shall submit its findings and recommendations to the joint standing committee of the Legislature having jurisdiction over education matters.
Effective July 30, 2004, unless otherwise indicated.
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