CHAPTER 153
H.P. 828 - L.D. 1200
An Act To Establish a Uniform Private Facilities Tuition Rate Establishment Procedure
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 20-A MRSA c. 117, sub-c. 2, as amended, is further amended by repealing the subchapter headnote and enacting the following in its place:
SUBCHAPTER 2
APPROVAL FOR THE RECEIPT OF PUBLIC FUNDS BY PRIVATE SCHOOLS
Sec. 2. 20-A MRSA §2951, first ¶, as enacted by PL 1981, c. 693, §§5 and 8, is amended to read:
A private secondary school may be approved for the receipt of public funds for tuition purposes only if it:
Sec. 3. 20-A MRSA §2952, as amended by PL 1983, c. 806, §28, is further amended to read:
A private secondary school receiving state funds, either directly or indirectly, and a private school approved for tuition and attendance purposes shall annually, on or before July 15th in accordance with time schedules established by the commissioner, report to the commissioner the information the commissioner may require.
Sec. 4. 20-A MRSA §2953, as enacted by PL 1981, c. 693, §§5 and 8, is amended to read:
The following audit shall must be made.
1. Annual audit. A private secondary school approved for tuition purposes shall, on or before September 1st of each year, furnish to the State Auditor satisfactory proof that the books, accounts, financial documents and reports to the commissioner of the academy school for the preceding fiscal year have been examined and found to be in a satisfactory and accurate condition with proper vouchers on file. An audit shall must be made by the Department of Audit or by individuals or firms recognized as competent auditors by training and experience or by qualified public accountants.
2. Special audit. Audits by the State Auditor may be requested by 3 or more duly elected and qualified officers of the private secondary school. This audit shall must be conducted at the expense of the requesting academy school except when the audit is deemed determined necessary by the commissioner.
Sec. 5. 20-A MRSA §2955, as amended by PL 1983, c. 859, Pt. A, §§11 and 25, is further amended to read:
§2955. Penalty for noncompliance
Private secondary schools approved for tuition purposes which that have not complied with this chapter may not receive tuition payments from any school administrative unit.
Sec. 6. 20-A MRSA §7302, sub-§2, as amended by PL 1983, c. 278, §2, is further amended to read:
2. Private special education facilities; private general purpose agencies. Private agencies that operate facilities which that exclusively serve exceptional students and private general purpose agencies that receive state aid for special education programs shall comply with the following in computing tuition rates.
A. All tuition rates shall be are subject to approval by the commissioner.
B. The tuition rates shall may not exceed the actual per student cost incurred in the operation during the preceding school year.
C. The commissioner shall adopt or amend rules to define allowable expenditures used to determine per student costs.
D. An agency shall file an annual financial report detailing the allowable expenditures and the computation of the tuition rate at such time and in the form the commissioner may require.
E. Increases in the tuition rate from one year to the next may not exceed 15% the tuition rate established through negotiation unless evidence is presented to the commissioner that a hardship will exist if a higher rate of increase is not approved, and this evidence is deemed determined sufficient by the commissioner.
F. The commissioner shall establish a tuition rate for new special education programs in special purpose private schools and private general purpose agencies based on the estimated allowable costs of these schools.
Sec. 7. 20-A MRSA §7302, sub-§3, as amended by PL 1997, c. 736, §1, is repealed.
Effective September 17, 2005.
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