An Act To Update the Career and Technical Education Laws
Emergency preamble. Whereas, acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, federal law requires that states report the number of students who meet career and technical education standards; and
Whereas, career and technical education centers and regions must provide programs and courses aligned with career and technical education standards; and
Whereas, to ensure that career and technical education providers in this State meet the federally required career and technical education standards, the State must adopt national industry standards, or state-level standards where national industry standards are not available; and
Whereas, career and technical education regions, centers and programs must file applications to the Maine Department of Education for approval in July 2012; and
Whereas, the amendments proposed in this Act must be in place by July 1, 2012; and
Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,
Sec. 1. 20-A MRSA §254, sub-§3, as enacted by PL 1983, c. 693, §§5 and 8 and amended by PL 2005, c. 397, Pt. D, §3, is further amended to read:
Sec. 2. 20-A MRSA §2413, sub-§2, ¶A, as enacted by PL 2011, c. 414, §5, is amended to read:
(1) The per-pupil allocation amount is the EPS per-pupil rate for the school administrative unit in which the student resides, as calculated pursuant to section 15676, based on the student’s grade level and adjusted as appropriate for economic disadvantage and limited English proficiency pursuant to section 15675, subsections 1 and 2. For transportation expenses, the average per-pupil expense in each school administrative unit of residence must be calculated and a per-pupil allocation of that amount must be forwarded to the public charter school attended on the same basis as the per-pupil allocations for operating funds. Debt service and capital outlays may not be included in the calculation of these per-pupil allocations. The department shall adopt rules governing how to calculate these per-pupil allocations, including those for gifted and talented programs, vocational, technical and career and technical education programs, and targeted funds for assessment technology and kindergarten to grade 2 programs.
(2) For students attending public charter schools, the school administrative unit of residence shall forward the per-pupil allocations described in subparagraph (1) directly to the public charter school attended. These per-pupil allocations must be forwarded to each public charter school on a quarterly basis, as follows. For each fiscal year, allocations must be made in quarterly payments on September 1st, December 1st, March 1st and June 1st. The September payment must be based on the number of students enrolled or anticipated to be enrolled in the public charter school at the opening of school for that school year, which may not exceed the maximum enrollment approved in the charter contract for that year unless a waiver is obtained from the authorizer. In February of the school year, if the number of students is higher or lower than the number of students at the beginning of the school year, adjustments must be made in the June payment, with 50% of the annual per-pupil allocation added for additional students or subtracted if the total number of students is lower.
Sec. 3. 20-A MRSA §3002, as enacted by PL 1981, c. 693, §§5 and 8 and amended by PL 2005, c. 397, Pt. D, §3, is further amended to read:
§ 3002. Career and technical education
The commissioner may contract with a private school, which is serving one or more municipalities in lieu of a public secondary school, for the conduct of vocational career and technical education courses which that meet the same standards for approval as those conducted in public secondary schools.
Sec. 4. 20-A MRSA §6952, first ¶, as enacted by PL 2009, c. 296, §1, is amended to read:
To qualify for support, approval and funding under this chapter, the center must provide services to at-risk students who are or have been enrolled in one or more of grades 7 to 12. The admission of an at-risk student to the center is subject to approval by the center based upon criteria of the center approved by the commissioner. The center shall provide residential and nonresidential instruction that is approved pursuant to section 6951 and designed to effect positive, sustainable change in the lives of at-risk students through comprehensive on-site education services in 4 major areas, including high-quality scholastic, vocational career and technical and behavioral health education; training and support for families of students; training and support for public school teachers in dealing with students who are at risk of failing or dropping out of school; and providing an environment conducive to research aiding the improvement of education for at-risk students.
Sec. 5. 20-A MRSA §8301-A, sub-§5, as enacted by PL 1991, c. 518, §2, is repealed.
Sec. 6. 20-A MRSA §8305-A, sub-§1, ¶B, as corrected by RR 2003, c. 2, §43, is amended to read:
Sec. 7. 20-A MRSA §8305-A, sub-§3, as corrected by RR 2003, c. 2, §43, is amended to read:
Sec. 8. 20-A MRSA §8306-A, as corrected by RR 2003, c. 2, §46, is repealed.
Sec. 9. 20-A MRSA §8306-B is enacted to read:
§ 8306-B. Approval of programs and courses; industry standards
Sec. 10. 20-A MRSA §8307-A, sub-§6, as corrected by RR 2003, c. 2, §50, is repealed.
Sec. 11. 20-A MRSA §8307-A, sub-§§7 and 8, as enacted by PL 1991, c. 518, §8, are repealed.
Sec. 12. 20-A MRSA §8401, as amended by PL 1991, c. 518, §11 and c. 655, §8, is repealed and the following enacted in its place:
§ 8401. Career and technical education centers
Sec. 13. 20-A MRSA §8402, as amended by PL 2007, c. 667, §12, is further amended to read:
§ 8402. Programs
A center shall provide programs of career and technical education. Programs of career and technical education are eligible to receive state subsidy pursuant to chapters 606-B and 609. All programs of career and technical education offered by a center must be approved by the commissioner pursuant to section 8306-A 8306-B, including programs previously approved under former section 8306-A. The programs must offer a sequence of courses that are directly related to the preparation of individuals for employment in current or emerging occupations and may include training and education in academic and business skills preparing students to further their education at the community college or other college level or allowing students to use trade and occupational skills on other than an employee basis. Programs of career and technical education may also include alternative education programs and training and education in music, athletics, art and other activities approved by the commissioner pursuant to section 8306-A.
Sec. 14. 20-A MRSA §8403-A, sub-§2, as corrected by RR 2003, c. 2, §56, is amended to read:
Sec. 15. 20-A MRSA §8403-A, sub-§8 is enacted to read:
Sec. 16. 20-A MRSA §8404, sub-§3, as amended by PL 2005, c. 2, Pt. D, §26 and affected by §§72 and 74 and c. 12, Pt. WW, §18, is further amended to read:
Sec. 17. 20-A MRSA §8405, as amended by PL 1991, c. 518, §16 and c. 716, §7 and PL 2003, c. 545, §6, is further amended to read:
§ 8405. Director
A unit operating a center shall employ a certified career and technical education director.
Sec. 18. 20-A MRSA §8451, sub-§2, as amended by PL 1999, c. 39, §1 and PL 2003, c. 545, §5, is repealed and the following enacted in its place:
(1) Bancroft;
(2) Benedicta Township;
(3) Orient;
(4) Regional School Unit No. 29 doing business as School Administrative District No. 29 (Hammond, Houlton, Littleton and Monticello);
(5) Regional School Unit No. 50 (Crystal, Dyer Brook, Hersey, Island Falls, Merrill, Moro Plantation, Mount Chase, Oakfield, Patten, Sherman, Smyrna and Stacyville);
(6) Regional School Unit No. 70 doing business as School Administrative District No. 70 (Amity, Cary Plantation, Haynesville and Hodgdon) and Linneus, Ludlow and New Limerick; and
(7) Regional School Unit No. 84 doing business as School Administrative District No. 14 (Danforth and Weston).
(1) Carroll Plantation;
(2) Drew Plantation;
(3) East Millinocket;
(4) Glenwood Plantation;
(5) Lakeville;
(6) Lambert Lake Township;
(7) Lowell;
(8) Macwahoc Plantation;
(9) Medford;
(10) Medway;
(11) Millinocket;
(12) Prentiss Township;
(13) Reed Plantation;
(14) Seboeis Plantation;
(15) Vanceboro;
(16) Woodville;
(17) Regional School Unit No. 30 doing business as School Administrative District No. 30 (Lee, Springfield, Webster Plantation and Winn);
(18) Regional School Unit No. 31 doing business as School Administrative District No. 31 (Burlington, Edinburg, Enfield, Howland, Maxfield and Passadumkeag);
(19) Regional School Unit No. 67 (Chester, Lincoln and Mattawamkeag); and
(20) East Range Community School District (Codyville Plantation and Topsfield).
(1) Bangor;
(2) Brewer;
(3) Dedham;
(4) Grand Falls Township;
(5) Greenbush;
(6) Greenfield Township;
(7) Hermon;
(8) Indian Island, Penobscot Indian Reservation;
(9) Milford;
(10) Orrington;
(11) Regional School Unit No. 22 doing business as School Administrative District No. 22 (Hampden, Newburgh and Winterport);
(12) Regional School Unit No. 26 (Glenburn, Orono and Veazie);
(13) Regional School Unit No. 34 (Alton, Bradley and Old Town);
(14) Regional School Unit No. 63 doing business as School Administrative District No. 63 (Clifton, Eddington and Holden);
(15) Regional School Unit No. 64 doing business as School Administrative District No. 64 (Bradford, Corinth, Hudson, Kenduskeag and Stetson);
(16) Regional School Unit No. 87 doing business as School Administrative District No. 23 (Carmel and Levant); and
(17) Airline Community School District (Amherst, Aurora, Great Pond and Osborn).
(1) Regional School Unit No. 3 doing business as School Administrative District No. 3 (Brooks, Freedom, Jackson, Knox, Liberty, Monroe, Montville, Thorndike, Troy, Unity and Waldo); and
(2) Regional School Unit No. 20 (Belfast, Belmont, Frankfort, Morrill, Northport, Searsmont, Searsport, Stockton Springs and Swanville).
(1) Islesboro;
(2) Monhegan Island Plantation;
(3) Regional School Unit No. 7 doing business as School Administrative District No. 7 (North Haven);
(4) Regional School Unit No. 8 doing business as School Administrative District No. 8 (Vinalhaven);
(5) Regional School Unit No. 13 (Cushing, Owls Head, Rockland, St. George, South Thomaston and Thomaston);
(6) Regional School Unit No. 40 doing business as School Administrative District No. 40 (Friendship, Union, Waldoboro, Warren and Washington);
(7) Regional School Unit No. 65 doing business as School Administrative District No. 65 (Matinicus Isle Plantation); and
(8) Five Town Community School District (Appleton, Camden, Hope, Lincolnville and Rockport).
(1) Albany Township;
(2) Gilead;
(3) Mason Township;
(4) Milton Township;
(5) Riley Township;
(6) Upton, as long as it sends its secondary students to schools operated by administrative units within the region;
(7) The portion of Regional School Unit No. 10 comprising the municipalities in the former units of Hanover, Peru, School Administrative District No. 21 (Canton, Carthage and Dixfield) and School Administrative District No. 43 (Byron, Mexico, Roxbury and Rumford); and
(8) Regional School Unit No. 44 doing business as School Administrative District No. 44 (Andover, Bethel, Greenwood, Newry and Woodstock).
(1) Brunswick;
(2) Regional School Unit No. 5 (Durham, Freeport and Pownal); and
(3) Regional School Unit No. 75 doing business as School Administrative District No. 75 (Bowdoin, Bowdoinham, Harpswell and Topsham).
(1) The portion of Regional School Unit No. 10 comprising the municipalities in the former School Administrative Unit No. 39 (Buckfield, Hartford and Sumner); and
(2) Regional School Unit No. 17 doing business as School Administrative District No. 17 (Harrison, Hebron, Norway, Otisfield, Oxford, Paris, Waterford and West Paris).
Sec. 19. 20-A MRSA §8451, sub-§5, as corrected by RR 2003, c. 2, §60, is amended to read:
(1) A proposal for the construction of a new center in School Administrative District No. 33;
( 2) Provisions for assignment without loss of salary of all continuing contract career and technical education teachers employed by School Administrative District No. 27 and Madawaska School Department to School Administrative District No. 33 if a new center in School Administrative District No. 33 becomes operational; and
(3) Assurances that all 3 participating administrative units, and School Administrative District No. 10 on a tuition basis, have access to programs at the new center in proportion to the number of high school students in each administrative unit.
Sec. 20. 20-A MRSA §8451-A, as amended by PL 2007, c. 667, §13, is further amended to read:
§ 8451-A. Programs
A region shall provide programs of career and technical education. Programs of career and technical education are eligible to receive state subsidy pursuant to chapters 606-B and 609. All programs of career and technical education offered by a region must be approved by the commissioner pursuant to section 8306-A 8306-B. The programs must offer a sequence of courses that are directly related to the preparation of individuals for employment in current or emerging occupations and may include training and education in academic and business skills preparing students to further their education at the community college or college level or allowing students to use trade and occupational skills on other than an employee basis. Programs of career and technical education may also include alternative education programs and training and education in music, athletics, art and other activities approved by the commissioner pursuant to section 8306-A.
Sec. 21. 20-A MRSA §8457, sub-§1, as amended by PL 2009, c. 154, §4, is further amended to read:
Sec. 22. 20-A MRSA §8459, sub-§2, as amended by PL 1991, c. 518, §26 and PL 2005, c. 397, Pt. D, §3, is further amended to read:
Sec. 23. 20-A MRSA §8463, sub-§4 is enacted to read:
Sec. 24. 20-A MRSA §8466, as amended by PL 1991, c. 518, §31 and PL 2005, c. 397, Pt. D, §3, is further amended to read:
§ 8466. Transfer or lease of school property to a career and technical education region
Sec. 25. 20-A MRSA §12703, as amended by PL 1989, c. 443, §35 and PL 2003, c. 20, Pt. OO, §2 and affected by §4, is further amended to read:
§ 12703. Mission and goals
The basic mission of the Maine Community College System is to provide associate degree, diploma and certificate programs directed at the educational, occupational career and technical needs of the State's citizens and the workforce needs of the State's employers.
The primary goals of post-secondary vocational-technical postsecondary career and technical education and the Maine Community College System are to create an educated, skilled and adaptable labor force which that is responsive to the changing needs of the economy of the State and to promote local, regional and statewide economic development.
Sec. 26. 20-A MRSA §12704, sub-§1, as amended by PL 1991, c. 615, Pt. A, §1, is further amended to read:
Sec. 27. 20-A MRSA §12704, sub-§4, as amended by PL 1989, c. 443, §36, is further amended to read:
Sec. 28. 20-A MRSA §13019-C, sub-§1, as amended by PL 2001, c. 534, §9 and PL 2005, c. 397, Pt. D, §3, is further amended to read:
Sec. 29. 20-A MRSA §15672, sub-§1-D is enacted to read:
Sec. 30. 20-A MRSA §15672, sub-§32-D, as enacted by PL 2005, c. 2, Pt. D, §36 and affected by §§72 and 74 and c. 12, Pt. WW, §18, is repealed.
Sec. 31. 30-A MRSA §4722, sub-§1, ¶Y, as amended by PL 2007, c. 562, §5, is further amended to read:
(1) The Maine State Housing Authority shall report its findings and recommendations regarding expanded access to housing for young professionals and young families to the Maine Development Foundation and to the joint standing committee of the Legislature having jurisdiction over housing matters no later than January 15, 2005;
Sec. 32. Maine Revised Statutes headnote amended; revision clause. In the Maine Revised Statutes, Title 20-A, chapter 313, in the chapter headnote, the words "applied technology education" are amended to read "career and technical education" and the Revisor of Statutes shall implement this revision when updating, publishing or republishing the statutes.
Sec. 33. Maine Revised Statutes headnote amended; revision clause. In the Maine Revised Statutes, Title 20-A, chapter 313, subchapter 3, in the subchapter headnote, the words "applied technology centers" are amended to read "career and technical education centers" and the Revisor of Statutes shall implement this revision when updating, publishing or republishing the statutes.
Sec. 34. Maine Revised Statutes headnote amended; revision clause. In the Maine Revised Statutes, Title 20-A, chapter 313, subchapter 4, in the subchapter headnote, the words "applied technology regions" are amended to read "career and technical education regions" and the Revisor of Statutes shall implement this revision when updating, publishing or republishing the statutes.
Emergency clause. In view of the emergency cited in the preamble, this legislation takes effect when approved.
SUMMARY
This bill provides an update in language for the career and technical education laws to reflect current terminology, including changing all statutory references to "vocational" education to "career and technical" education. It requires all career and technical education programs to be based on national industry standards, or state-level standards if national industry standards are not available or applicable. This bill also clarifies references to school units other than those school units composed of single towns in an effort to reduce confusion resulting from school reorganization.