Resolve, To Examine Unfunded Mandates in the Education Laws and To Recommend Unfunded Mandates To Be Eliminated

Emergency preamble. Whereas,  acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and

Whereas,  the enactment of unfunded education mandates and other provisions of federal and state education laws may result in adverse fiscal effects on school administrative units in the State, which are obligated to implement the new federal or state requirements without receiving the funding necessary to do so; and

Whereas,  the economic consequences of the recent economic recession have reduced the amount of Federal Government and State Government revenues that are available to support the operations of public schools in the State and have affected the ability of local property taxpayers to bear the financial burden of unfunded education mandates on school administrative units in the State; and

Whereas,  the work group established in this resolve must begin its work as soon as possible in order to examine unfunded mandates and bureaucratic impediments identified in a number of reports and determine which ones should be addressed as a matter of priority; 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, be it

Sec. 1. Work group established. Resolved: That a work group to examine unfunded mandates in the education laws is established; and be it further

Sec. 2. Work group membership. Resolved: That the work group consists of the following 3 members:

1. One Senator appointed by the President of the Senate;

2. One member of the House of Representatives appointed by the Speaker of the House of Representatives; and

3. The Executive Director of the Maine School Management Association or the executive director's designee; and be it further

Sec. 3. Chair. Resolved: That the member of the House of Representatives is the chair of the work group; and be it further

Sec. 4. Appointments; convening of work group. Resolved: That all appointments must be made no later than 10 days following the effective date of this resolve. The appointing authorities shall notify the Executive Director of the Legislative Council once all appointments have been made. The chair of the work group shall call and convene the first meeting of the work group within 15 days of the effective date of this resolve. If a majority of but not all appointments have been made within 10 days of the effective date of this resolve, the chair may request authority and the Legislative Council may grant authority for the work group to meet and conduct its business; and be it further

Sec. 5. Duties. Resolved: That the work group shall review the following 3 reports:

1. Unfunded Education Mandates: A report to the Joint Standing Committee on Education and Cultural Affairs by the Maine Department of Education (January 2014);

2. Current Statutes that Create Barriers for School System Leadership: Initial Report and Recommendations to the Commissioner of Education by the Red Tape Group (April 15, 2011); and

3. Unfunded State Mandates and Other Education Requirements: Report to the Joint Standing Committee on Education by Susan A. Gendron, Commissioner of Education (February 18, 2009).

The work group shall examine the unfunded mandates and bureaucratic impediments identified in these reports and determine which ones have been addressed, which ones still exist and which ones should be addressed as a matter of priority. The work group shall make recommendations as to how to best address those unfunded mandates and bureaucratic impediments determined to be priorities; and be it further

Sec. 6. Staff assistance. Resolved: That the Legislative Council may provide necessary staffing services to the work group; and be it further

Sec. 7. Report. Resolved: That, no later than December 2, 2015, the work group shall submit a report that includes its findings and recommendations, including suggested legislation, to the Joint Standing Committee on Education and Cultural Affairs in the Second Regular Session of the 127th Legislature. The joint standing committee is authorized to submit a bill related to the report to the Second Regular Session of the 127th Legislature.

Emergency clause. In view of the emergency cited in the preamble, this legislation takes effect when approved.

SUMMARY

This resolve establishes a work group to examine unfunded mandates in the education laws. The work group is charged with reviewing 3 reports on unfunded education mandates and determining which unfunded mandates have been addressed, which ones still exist and which ones should be addressed as a matter of priority. The work group is required to make recommendations as to how to best address those unfunded mandates determined to be priorities and report to the Joint Standing Committee on Education and Cultural Affairs no later than December 2, 2015. The joint standing committee may submit a bill related to the report to the Second Regular Session of the 127th Legislature.