LD 215
pg. 2
Page 1 of 2 An Act Regarding Out-of-district Placement LD 215 Title Page
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LR 1160
Item 1

 
9.97% in fiscal year 2000-01, to 4.98% in fiscal year 2001-02
and to 0% in fiscal year 2002-03. Beginning in fiscal year
2000-01, if the appropriation and any increase in the mill
rate determined by the Legislature to be needed under section
15653 are not sufficient to achieve both the targeted
reduction percentage and the targeted per pupil guarantee, as
defined in section 15653, then the per pupil guarantee must
advance toward the targeted per pupil guarantee in the same
proportion as the reduction percentage, as defined in this
section, is lowered toward the targeted reduction percentage.
The following subsidizable costs may not be reduced:

 
(1) Principal and interest on approved school
construction costs; and

 
(2) Approved lease costs.; and

 
(3)__Approved special education tuition costs for an
out-of-district placement.

 
Sec. 4. 20-A MRSA §15612, sub-§11, as amended by PL 1997, c. 736, §2,
is further amended to read:

 
11. Special education tuition and costs for out-of-district
placement adjustment. A school administrative unit that places a
student in an out-of-district placement, in a regional program
established consistent with section 7253 or in a regional program
recognized by the department prior to July 1, 1997 must receive
an adjustment equal to the amount, if any, by which the tuition,
treatment and room and board costs for an approved out-of-
district special education placement in the year of allocation
exceeds 3 times the secondary foundation per pupil operating rate
for that year, or a prorated amount if the placement is less than
a full year. State payments to school administrative units
pursuant to this subsection must be made during the year of
allocation. The funds for the adjustment are limited to the
amount appropriated by the Legislature for that purpose, and the
department is authorized to prorate payments to units if the
amount appropriated is insufficient to make full payments to all
units.

 
Sec. 5. 20-A MRSA §15613, sub-§17, as enacted by PL 1997, c. 395, Pt.
R, §1, is amended to read:

 
17. Unobligated balances. Unobligated balances from amounts
appropriated for general purpose aid for local schools may not
lapse but must be redistributed to school administrative units in
the same fiscal year. The commissioner shall make the final
determination of the total amount of unobligated funds and

 
must redistribute 75% of those funds to program costs and 25% of
those funds to out-of-district placement costs. To redistribute
the 75% portion unobligated balances to the state share of
program costs, the reduction percentage originally calculated for
program costs pursuant to section 15603, subsection 26-A,
paragraph F must be reduced by an amount sufficient to distribute
the 75% share unobligated funds. The reductions in these
percentages the percentage apply to all program cost areas except
the transportation operating cost allocation.

 
SUMMARY

 
This bill requires the State to reimburse a school
administrative unit for 100% of the unit's special education
tuition and costs for an out-of-district placement approved by
the Commissioner of Education. Under this bill, the Department
of Education is required to appropriate funds for out-of-district
special education placements to those school administrative units
that have submitted supporting evaluative data justifying the
placement of an exceptional student in an approved regional
program.


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