Public Law, Chapter 539, Part C, 123rd Legislature, Second Regular Session

Chapter 539 H.P. 1651 - L.D. 2289

PART C

Sec. C-1. 20-A MRSA §4102, sub-§4, ¶A, as enacted by PL 1983, c. 422, §17, is amended to read:

A. Elementary schools in school administrative districts and community school districts may only be closed if approved by the voters in accordance with the procedures set out in section 1407 and section 1751, subsection 5 1512 for regional school units.

Sec. C-2. 20-A MRSA §5806, sub-§2, as amended by PL 1987, c. 463, is further amended to read:

2. Maximum allowable tuition. The maximum allowable tuition charged to a school administrative unit by a private school shall be is the rate established under subsection 1 or the state average per public secondary student cost as adjusted, whichever is lower, plus an insured value factor. The insured value factor shall be is computed by dividing 5% of the insured value of school buildings and equipment by the average number of pupils enrolled in the school on October 1st and April 1st of the year immediately before the school year for which the tuition charge is computed. It may not exceed 10% of a school's legal tuition rate per student in any one year beginning with the 1988-89 school year. For the 2008-09 school year only, a school administrative unit is not required to pay an insured value factor greater than 5% of the school's tuition rate per student, unless the legislative body of the school administrative unit votes to authorize its school board to pay a higher insured value factor that is no greater than 10% of the school's tuition rate per student.

For the 1988-89 school year only the state share of the increase in the insured value factor shall be paid in the year of allocation.

Sec. C-3. 20-A MRSA §15671, sub-§7, ¶A, as amended by PL 2005, c. 2, Pt. D, §34 and affected by §§72 and 74 and c. 12, Pt. WW, §18, is further amended to read:

A. The base total calculated pursuant to section 15683, subsection 2 is subject to the following annual targets.

(1) For fiscal year 2005-06, the target is 84%.

(2) For fiscal year 2006-07, the target is 90%.

(3) For fiscal year 2007-08, the target is 95%.

(4) For fiscal year 2008-09 and succeeding years, the target is 100% 97%.

(5) For fiscal year 2009-10 and succeeding years, the target is 100%.

Sec. C-4. 20-A MRSA §15671, sub-§7, ¶B, as amended by PL 2007, c. 240, Pt. C, §2, is further amended to read:

B. The annual targets for the state share percentage of the statewide adjusted total cost of the components of essential programs and services are as follows.

(1) For fiscal year 2005-06, the target is 52.6%.

(2) For fiscal year 2006-07, the target is 53.86%.

(3) For fiscal year 2007-08, the target is 53.51%.

(4) For fiscal year 2008-09 and succeeding years, the target is 55% 54.01%.

(5) For fiscal year 2009-10 and succeeding years, the target is 55%.

Sec. C-5. 20-A MRSA §15671-A, sub-§2, ¶B, as amended by PL 2007, c. 240, Pt. XXXX, §24, is further amended to read:

B. For property tax years beginning on or after April 1, 2005, the commissioner shall calculate the full-value education mill rate that is required to raise the statewide total local share. The full-value education mill rate is calculated for each fiscal year by dividing the applicable statewide total local share by the applicable statewide valuation. The full-value education mill rate must decline over the period from fiscal year 2005-06 to fiscal year 2008-09 and may not exceed 9.0 mills in fiscal year 2005-06 and may not exceed 8.0 mills in fiscal year 2008-09. The full-value education mill rate must be applied according to section 15688, subsection 3-A, paragraph A to determine a municipality's local cost share expectation. Full-value education mill rates must be derived according to the following schedule.

(1) For the 2005 property tax year, the full-value education mill rate is the amount necessary to result in a 47.4% statewide total local share in fiscal year 2005-06.

(2) For the 2006 property tax year, the full-value education mill rate is the amount necessary to result in a 46.14% statewide total local share in fiscal year 2006-07.

(3) For the 2007 property tax year, the full-value education mill rate is the amount necessary to result in a 45.56% statewide total local share in fiscal year 2007-08.

(4) Except as provided in subparagraph (6), for For the 2008 property tax year and subsequent tax years, the full-value education mill rate is the amount necessary to result in a 45.0% 45.99% statewide total local share in fiscal year 2008-09 and after.

(4-A) Except as provided in subparagraph (6), for the 2009 property tax year and subsequent tax years, the full-value education mill rate is the amount necessary to result in a 45.0% statewide total local share in fiscal year 2009-10 and after.

(6) For school administrative units that do not conform to the requirements of chapter 103-A for the 2009 property tax year, the full-value education mill rate is the amount necessary to result in a 46.14% statewide total local share in fiscal year 2009-10 and after.

Sec. C-6. 20-A MRSA §15675, sub-§1, ¶A, as enacted by PL 2003, c. 504, Pt. A, §6, is amended to read:

A. For a school administrative unit with 15 or fewer limited English proficiency students, the unit receives an additional weight of .50 .70 per student;

Sec. C-7. 20-A MRSA §15675, sub-§1, ¶B, as amended by PL 2005, c. 12, Pt. UU, §2 and affected by §§12 and 13 and Pt. WW, §18, is further amended to read:

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 .50 per student;

Sec. C-8. 20-A MRSA §15675, sub-§1, ¶C, as amended by PL 2005, c. 12, Pt. UU, §2 and affected by §§12 and 13 and Pt. WW, §18, is further amended to read:

C. For a school administrative unit with 251 or more limited English proficiency students, the unit receives an additional weight of .60 .525 per student; and

Sec. C-9. 20-A MRSA §15683-A, as enacted by PL 2005, c. 2, Pt. D, §49 and affected by §§72 and 74 and c. 12, Pt. WW, §18, is amended to read:

§ 15683-A. Total debt service allocation

For each school administrative unit, that unit's total debt service allocation is that unit's debt service costs as defined in section 15672, subsection 2-A. For the 2008-09 funding year only, for each school administrative unit, that unit's total debt service allocation is that unit's debt service costs as defined in section 15672, subsection 2-A excluding 80% of the insured value factor pursuant to section 15672, subsection 2-A, paragraph C.

Sec. C-10. 20-A MRSA §15689, sub-§1, ¶B, as amended by PL 2007, c. 240, Pt. C, §3, is further amended to read:

B. The school administrative unit's special education costs as calculated pursuant to section 15681-A, subsection 2 multiplied by the following transition percentages:

(1) In fiscal year 2005-06, 84%;

(2) In fiscal year 2006-07, 84%;

(3) In fiscal year 2007-08, 84%; and

(4) In fiscal year 2008-09 and succeeding years, 100%. 50%; and

(5) In fiscal year 2009-10 and succeeding years, 84%.

Sec. C-11. 20-A MRSA §15689-A, sub-§12-A, as enacted by PL 2007, c. 240, Pt. D, §9, is amended to read:

12-A. Learning through technology. The commissioner may pay costs attributed to staff support and system maintenance for a program that promotes learning through technology. A transfer of All Other funds from the General Purpose Aid for Local Schools account to Personal Services and All Other line categories in the Learning Through Technology General Fund nonlapsing account sufficient to support the Personal Services and All Other costs of one Education Team and Policy Director position, one 2 Education Specialist III position positions, one Planning and Research Associate I position , one Director of Special Projects position, one Education Specialist II position, the General Fund share of one Education Specialist II position and the agreement that provides one-to-one wireless computers for 7th grade, 8th grade and high school students and educators may occur annually by financial order upon recommendation of the State Budget Officer and approval of the Governor.

Sec. C-12. 20-A MRSA §15689-A, sub-§16 is enacted to read:

16. Transportation administration. The commissioner may pay costs attributed to staff support and system maintenance necessary to implement the transportation requirements of this chapter and chapter 215. A transfer of All Other funds from the General Purpose Aid for Local Schools account to Personal Services and All Other line categories in the Support Systems General Fund account sufficient to support the Personal Services and All Other costs of one Education Specialist III position may occur annually by financial order upon recommendation of the State Budget Officer and approval of the Governor.

Sec. C-13. 20-A MRSA §15689-B, sub-§7, as enacted by PL 2005, c. 2, Pt. D, §61 and affected by §§72 and 74 and c. 12, Pt. WW, §18, is amended to read:

7. Required data; subsidy payments withheld. A school administrative unit shall provide the commissioner with information that the commissioner requests to carry out the purposes of this chapter, according to time schedules that the commissioner establishes. The commissioner may withhold monthly subsidy payments from a school administrative unit when information is not filed in the specified format and with specific content and within the specified time schedules. If the school administrative unit files the information in the specified format, the Department of Education shall include the payment of the withheld subsidy in the next regularly scheduled monthly subsidy payment.

Sec. C-14. 20-A MRSA §15689-B, sub-§7-A is enacted to read:

7-A. Penalty for late submission of required data. Notwithstanding any other provision of this Title, the commissioner may implement the following subsidy penalty for a school administrative unit that is not in compliance with subsection 7. If a school administrative unit has not filed the required data pursuant to subsection 7 within 3 months of the due date, a penalty equal to 1% of that unit's monthly subsidy check times the number of months past due is assessed.

Sec. C-15. 20-A MRSA §15690, sub-§1, ¶C, as enacted by PL 2005, c. 2, Pt. D, §62 and affected by §§72 and 74 and c. 12, Pt. WW, §18, is amended to read:

C. The state share of the total cost of funding public education from kindergarten to grade 12 as described in section 15688, excluding state-funded debt service for each school administrative unit, is limited to the same proportion as the local school administrative unit raises of its required contribution to the total cost of education as described in section 15688, excluding state-funded debt service costs. For school administrative units that annually demonstrate savings by purchasing supplies using an electronic bidding forum, the commissioner may suspend all or a portion of any adjustment to the unit's state contribution pursuant to this paragraph.

Sec. C-16. 20-A MRSA §15905, sub-§1, ¶A, as amended by PL 2005, c. 519, Pt. J, §3, is further amended to read:

A. The state board may approve projects as long as no project approval will cause debt service costs, as defined in section 15672, subsection 2-A, paragraph A, to exceed the maximum limits specified in Table 1 in subsequent fiscal years.

Table 1
Fiscal year	Maximum Debt Service Limit
1990	$ 48,000,000
1991	$ 57,000,000
1992	$ 65,000,000
1993	$ 67,000,000
1994	$ 67,000,000
1995	$ 67,000,000
1996	$ 67,000,000
1997	$ 67,000,000
1998	$ 67,000,000
1999	$ 69,000,000
2000	$ 72,000,000
2001	$ 74,000,000
2002	$ 74,000,000
2003	$ 80,000,000
2004	$ 80,000,000
2005	$ 84,000,000
2006	$ 90,000,000
2007	$ 96,000,000
2008	$100,000,000
2009	$104,000,000
2010	$108,000,000
2011	$126,000,000
2012	$126,000,000
2013	$126,000,000

Sec. C-17. Mill expectation. The mill expectation pursuant to the Maine Revised Statutes, Title 20-A, section 15671-A for fiscal year 2008-09 is 6.55.

Sec. C-18. Total cost of funding public education from kindergarten to grade 12. The total cost of funding public education from kindergarten to grade 12 for fiscal year 2008-09 is as follows:

		2008-09
		TOTAL
Total Operating Allocation

	Total operating allocation pursuant to the Maine Revised Statutes, Title 20-A, section 15683 without transitions percentage	$1,327,003,735

	Total operating allocation pursuant to the Maine Revised Statutes, Title 20-A, section 15683 with 97% transitions percentage	$1,287,193,623

	Total other subsidizable costs pursuant to the Maine Revised Statutes, Title 20-A, section 15681-A	$371,300,906

Total Operating Allocation

	Total operating allocation pursuant to the Maine Revised Statutes, Title 20-A, section 15683 and total other subsidizable costs pursuant to Title 20-A, section 15681-A	$1,658,494,529

Total Debt Service Allocation

	Total debt service allocation pursuant to the Maine Revised Statutes, Title 20-A, section 15683-A	$91,354,060

Total Adjustments and Miscellaneous Costs

	Total adjustments and miscellaneous costs pursuant to the Maine Revised Statutes, Title 20-A, section 15689 and 15689-A	$71,177,813

Total Cost of Funding Public Education from Kindergarten to Grade 12

	Total cost of funding public education from kindergarten to grade 12 for fiscal year 2008-09 pursuant to the Maine Revised Statutes, Title 20-A, chapter 606-B	$1,821,026,402

Sec. C-19. Local and state contributions to total cost of funding public education from kindergarten to grade 12. The local contribution and the state contribution appropriation provided for general purpose aid for local schools for the fiscal year beginning July 1, 2008 and ending June 30, 2009 is calculated as follows:

		2008-09	2008-09
		LOCAL	STATE
Local and State Contributions to the Total Cost of Funding Public Education from Kindergarten to Grade 12

	Local and state contributions to the total cost of funding public education from kindergarten to grade 12 pursuant to the Maine Revised Statutes, Title 20-A, section 15683	$837,488,866	$983,537,536

Sec. C-20. Limit of State's obligation. If the State's continued obligation for any individual component contained in sections 18 and 19 of this Part exceeds the level of funding provided for that component, any unexpended balances occurring in other programs may be applied to avoid proration of payments for any individual component. Any unexpended balances from section 5 of this Part may not lapse but must be carried forward for the same purpose.

Sec. C-21. Authorization of payments. Sections 18 and 19 of this Part may not be construed to require the State to provide payments that exceed the appropriation of funds for general purpose aid for local schools for the fiscal year beginning July 1, 2008 and ending June 30, 2009.

Sec. C-22. Fiscal year 2007-08 carry forward. Notwithstanding any other provision of law, in implementing the $500,000 reduction in fiscal year 2008-09, the Maine Educational Center for the Deaf and Hard of Hearing and the Governor Baxter School for the Deaf must exhaust all funds carried forward from the 2007-08 fiscal year before reducing any educational programs and services provided to students.

Sec. C-23. Retroactivity. That section of this Part that amends the Maine Revised Statutes, Title 20-A, section 4102, subsection 4, paragraph A applies retroactively to June 7, 2007.

Public Laws

123rd Legislature

Second Regular Session

Chapter 539

H.P. 1651 - L.D. 2289