HP0281
LD 390
Session - 128th Maine Legislature
S "C" to C "C", Filing Number S-261, Sponsored by Millett
LR 2175
Item 47
Bill Tracking, Additional Documents Chamber Status

Amend the amendment by striking out all of Part C and inserting the following:

PART C

Sec. C-1. 20-A MRSA §1051, sub-§6, ¶D  is enacted to read:

D A group of school administrative units that has an interlocal agreement pursuant to Title 30-A, chapter 115 to establish a regional education service agency to jointly purchase the services of a superintendent may elect the superintendent in the manner prescribed in the interlocal agreement.

Sec. C-2. 20-A MRSA §2412, sub-§5, ¶J,  as enacted by PL 2015, c. 40, §1, is amended to read:

J. Public charter schools are subject to the same proficiency-based diploma standards set forth in section 4722-A and are eligible for the same transition grants as applicable to noncharter public schools in the State pursuant to section 4722-A, subsection 4.

Sec. C-3. 20-A MRSA §5806, sub-§2,  as repealed and replaced by PL 2013, c. 497, §1, is amended to read:

2. Maximum allowable tuition.   The maximum allowable tuition charged to a school administrative unit by a private school 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 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. From school year 2009-2010 to school year 2013-2014, a school administrative unit is not required to pay an insured value factor greater than 5% of the school's tuition rate or $500 per student, whichever is less, 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 2014-2015 school year, a school administrative unit is not required to pay an insured value factor greater than 6% 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. Beginning in the 2015-2016 school year, a school administrative unit is not required to pay an insured value factor greater than the amount of the prior school year's insured value factor adjusted by a percentage equal to the percentage change in the state share percentage of the total cost of funding public education in the prior school year as determined by section 15671, subsection 7, paragraph C B as compared to the applicable percentage for the current school year. In no case may the insured value factor be less than 6% or greater than 10% 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 an insured value factor that exceeds the amount otherwise permitted by this subsection by no more than 5% of the school's tuition rate per student. For the 2013-2014 school year only, the maximum allowable tuition charged to a school administrative unit by a private school that participates in the Maine Public Employees Retirement System must be increased above the amount otherwise permitted under this section by an amount equal to the calculated normal cost of teacher retirement for that school divided by the number of enrolled students as of October 1, 2012.

Sec. C-4. 20-A MRSA §6955  is enacted to read:

§ 6955 Repeal

This chapter is repealed July 1, 2019.

Sec. C-5. 20-A MRSA §15671, sub-§7, ¶A,  as amended by PL 2013, c. 368, Pt. C, §6, 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, the target is 97%.

(5) For fiscal year 2009-10, the target is 97%.

(6) For fiscal year 2010-11, the target is 97%.

(7) For fiscal year 2011-12, the target is 97%.

(8) For fiscal year 2012-13, the target is 97%.

(9) For fiscal year years 2013-14 and succeeding years 2014-15, 2015-16 and 2016-17, the target is  97%.

(10) For fiscal year 2017-18 and succeeding years, the target is 100%.

Sec. C-6. 20-A MRSA §15671, sub-§7, ¶B,  as amended by PL 2015, c. 389, Pt. C, §3 and c. 481, Pt. D, §1, 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, the target is 52.52%.

(5) For fiscal year 2009-10, the target is 48.93%.

(6) For fiscal year 2010-11, the target is 45.84%.

(7) For fiscal year 2011-12, the target is 46.02%.

(8) For fiscal year 2012-13, the target is 45.87%.

(9) For fiscal year 2013-14, the target is 47.29%.

(10) For fiscal year 2014-15, the target is 46.80%.

(11) For fiscal year 2015-16, the target is 47.54%.

(12) For fiscal year 2016-17, the target is 48.14%.

(13) For fiscal year 2017-18, the target is 51.22%.

(14) For fiscal year 2018-19 and succeeding years, the state percentage of the statewide cost of the components of essential programs and services is 55%.

Sec. C-7. 20-A MRSA §15671, sub-§7, ¶C,  as amended by PL 2015, c. 389, Pt. C, §4 and c. 481, Pt. D, §2, is repealed.

Sec. C-8. 20-A MRSA §15671-A, sub-§2, ¶B,  as amended by PL 2015, c. 389, Pt. C, §5 and c. 481, Pt. D, §3, 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 46.49% statewide total local share in fiscal year 2007-08.

(4) For the 2008 property tax year, the full-value education mill rate is the amount necessary to result in a 47.48% statewide total local share in fiscal year 2008-09.

(4-A) For the 2009 property tax year, the full-value education mill rate is the amount necessary to result in a 51.07% statewide total local share in fiscal year 2009-10.

(4-B) For the 2010 property tax year, the full-value education mill rate is the amount necessary to result in a 54.16% statewide total local share in fiscal year 2010-11.

(4-C) For the 2011 property tax year, the full-value education mill rate is the amount necessary to result in a 53.98% statewide total local share in fiscal year 2011-12.

(5) For the 2012 property tax year, the full-value education mill rate is the amount necessary to result in a 54.13% statewide total local share in fiscal year 2012-13.

(6) For the 2013 property tax year, the full-value education mill rate is the amount necessary to result in a 52.71% statewide total local share in fiscal year 2013-14.

(7) For the 2014 property tax year, the full-value education mill rate is the amount necessary to result in a 53.20% statewide total local share in fiscal year 2014-15.

(8) For the 2015 property tax year, the full-value education mill rate is the amount necessary to result in a 52.46% statewide total local share in fiscal year 2015-16.

(9) For the 2016 property tax year, the full-value education mill rate is the amount necessary to result in a 51.86% statewide total local share in fiscal year 2016-17.

(10) For the 2017 property tax year and subsequent tax years, the full-value education mill rate is the amount necessary to result in a 45% 48.78% statewide total local share in fiscal year 2017-18 and after.

(11) For the 2018 property tax year and subsequent tax years, the full-value education mill rate is the amount necessary to result in a 45% statewide total local share in fiscal year 2018-19 and after.

Sec. C-9. 20-A MRSA §15676, sub-§§1 and 2,  as corrected by RR 2011, c. 2, §19, are amended to read:

1. Teaching staff costs.   The Beginning July 1, 2017, the salary and benefit costs for school level teaching staff that are necessary to carry out this Act, calculated in accordance with section 15678 , and adjusted by the regional adjustment under section 15682 and reduced by the amount of funds received by the school administrative unit during the most recent fiscal year under Title I of the federal Elementary and Secondary Education Act of 1965, 20 United States Code, Section 6301 et seq.;
2. Other staff costs.   The Beginning July 1, 2017, the salary and benefit costs for school-level staff who are not teachers, but including substitute teachers, that are necessary to carry out this Act, calculated in accordance with section 15679 , and adjusted by the regional adjustment under section 15682 and reduced by the amount of funds received by the school administrative unit during the most recent fiscal year under Title I of the federal Elementary and Secondary Education Act of 1965, 20 United States Code, Section 6301 et seq.; and

Sec. C-10. 20-A MRSA §15678, sub-§2,  as enacted by PL 2003, c. 504, Pt. A, §6, is amended to read:

2. Ratios.   In Beginning July 1, 2017, in calculating the salary and benefit costs pursuant to this section, the commissioner shall utilize the following student-to-teacher ratios.
A. For the elementary school level, the student-to-teacher ratio is 17:1.
B. For the middle school level, the student-to-teacher ratio is 16:1 17:1.
C. For the high school level, the student-to-teacher ratio is 15:1 16:1.

Sec. C-11. 20-A MRSA §15679, sub-§2, ¶¶A and B,  as enacted by PL 2003, c. 504, Pt. A, §6, are amended to read:

A. For the elementary school level and the middle school level:

(1) The Beginning July 1, 2017, the student-to-education technician ratio is 100:1 114:1 for the elementary school level and 312:1 for the middle school level;

(2) The student-to-guidance staff ratio is 350:1;

(3) The student-to-librarian ratio is 800:1;

(4) The student-to-media assistant ratio is 500:1;

(5) The student-to-health staff ratio is 800:1;

(6) The student-to-school administrative staff ratio is 305:1; and

(7) The student-to-clerical staff ratio is 200:1.

B. For the high school level:

(1) The Beginning July 1, 2017, the student-to-education technician ratio is 250:1 316:1;

(2) The student-to-guidance staff ratio is 250:1;

(3) The student-to-librarian ratio is 800:1;

(4) The student-to-media assistant ratio is 500:1;

(5) The student-to-health staff ratio is 800:1;

(6) The student-to-school administrative staff ratio is 315:1; and

(7) The student-to-clerical staff ratio is 200:1.

Sec. C-12. 20-A MRSA §15681-A, sub-§2-A,  as enacted by PL 2007, c. 240, Pt. XXXX, §27, is repealed.

Sec. C-13. 20-A MRSA §15681-A, sub-§4,  as amended by PL 2015, c. 267, Pt. C, §9, is further amended to read:

4. Career and technical education costs.   Career and technical education costs in the base year adjusted to the year prior to the allocation year. This subsection does not apply to the 2017-18 2018-19 funding year and thereafter; and

Sec. C-14. 20-A MRSA §15683-B, sub-§3,  as enacted by PL 2015, c. 54, §6, is amended to read:

3. Operating allocation.  The commissioner shall determine a public charter school's operating allocation for each year as the sum of:
A. The base allocation, which is the pupil count pursuant to subsection 2, paragraph A multiplied by the public charter school's EPS per-pupil rates calculated pursuant to subsection 1;
B. The economically disadvantaged student allocation, which is the pupil count determined pursuant to subsection 2, paragraph B multiplied by the additional weight for each economically disadvantaged student pursuant to section 15675, subsection 2;
C. The limited English proficiency student allocation, which is the pupil count pursuant to subsection 2, paragraph C multiplied by the additional weight for each limited English proficiency student pursuant to section 15675, subsection 1;
D. The targeted funds for standards-based system allocation, which is based on the per-pupil amount pursuant to section 15683, subsection 1, paragraph C multiplied by the pupil count pursuant to subsection 2, paragraph A;
E. The targeted funds for technology resource allocation, which is based on the per-pupil amount pursuant to section 15683, subsection 1, paragraph D multiplied by the pupil count in subsection 2, paragraph A; and
F. The targeted funds for public preschool to grade 2 student allocation, which is based on the preschool to grade 2 pupil count pursuant to subsection 2, paragraph A multiplied by the public charter school's elementary EPS per-pupil rates in subsection 1.

The operating allocation calculated pursuant to this subsection must be adjusted by multiplying it by the appropriate transition percentage in accordance with section 15671, subsection 7.

Sec. C-15. 20-A MRSA §15686-A,  as amended by PL 2015, c. 389, Pt. C, §6 and c. 489, §8, is further amended to read:

§ 15686-A. Review of essential programs and services components

1. Components to be reviewed beginning in fiscal year 2017-18.   Beginning in fiscal year 2006-07 2017-18, and at least every 3 years thereafter, the commissioner, using information provided by a statewide education policy research institute, shall review the essential programs and services student-to-staff ratios, salary and benefits matrices, transportation, small schools adjustments, labor markets and gifted and talented components and components related to implementation of proficiency-based reporting and graduation requirements under this chapter and shall submit to the joint standing committee of the Legislature having jurisdiction over education matters any recommended changes for legislative action.
2. Components to be reviewed beginning in fiscal year 2018-19.   Beginning in fiscal year 2007-08 2018-19, and at least every 3 years thereafter, the commissioner, using information provided by a statewide education policy research institute, shall review the essential programs and services career and technical education, special education, specialized student populations, system administration and operations and maintenance components under this chapter and shall submit to the joint standing committee of the Legislature having jurisdiction over education matters any recommended changes for legislative action.
3. Components to be reviewed beginning in fiscal year 2019-20.   Beginning in fiscal year 2008-09 2019-20, and at least every 3 years thereafter, the commissioner, using information provided by a statewide education policy research institute, shall review the essential programs and services professional development, student assessment, technology, transportation, leadership support, cocurricular and extra-curricular activities, supplies and equipment and, beginning in fiscal year 2016-17, charter school components under this chapter and shall submit to the joint standing committee of the Legislature having jurisdiction over education matters any recommended changes for legislative action.
4 Components to be reviewed beginning in fiscal year 2017-18.   Beginning in fiscal year 2017-18, and at least every 3 years thereafter, the commissioner, using information provided by a statewide education policy research institute, shall review the essential programs and services components under this chapter related to implementation of proficiency-based reporting and graduation requirements and shall submit to the joint standing committee of the Legislature having jurisdiction over education matters any recommended legislative changes.

The commissioner may adjust the schedule by replacing one component in one year with another component in another year if information on a specific component is needed in an earlier time frame. This replacement may not result in a component's being reviewed beyond a 4-year period. The commissioner may include a review of one or more of the components from sections 15688-A, 15689 and 15689-A to the schedule in addition to the components listed in this section.

Sec. C-16. 20-A MRSA §15688-A, sub-§1,  as amended by PL 2015, c. 267, Pt. C, §10, is further amended to read:

1. Career and technical education costs.  Beginning in fiscal year 2017-18 2018-19, the allocation for career and technical education must be based upon a program-driven model that considers components for direct instruction, central administration, supplies, operation and maintenance of plant, other student and staff support and equipment. Monthly payments must be made directly to school administrative units with career and technical education centers and directly to career and technical education regions. If a school administrative unit with a career and technical education center or a career and technical education region has any unexpended funds at the end of the fiscal year, these funds must be carried forward for the purposes of career and technical education.

Sec. C-17. 20-A MRSA §15689, sub-§9,  as enacted by PL 2007, c. 240, Pt. D, §6, is amended to read:

9. Regionalization, consolidation and efficiency assistance adjustment.   The commissioner may expend and disburse funds limited to the amount appropriated by the Legislature to carry out the purposes of promoting regionalization, consolidation and efficiency. These funds must may be an adjustment to the qualifying school administrative unit's state allocation. The commissioner may also expend and disburse these funds as follows:
A For direct contractual agreements to provide legal services, facilitation services and other services to assist school administrative units with planning and implementing regionalization, consolidation and efficiencies; and
B For direct support to regional service agencies established pursuant to section 1051, subsection 6, paragraph D.

Sec. C-18. 20-A MRSA §15689, sub-§13, ¶A,  as reallocated by RR 2011, c. 2, §20, is amended to read:

A. Approval of bus refurbishing must be based on eligibility requirements established by the commissioner, including, but not limited to, the age, mileage and expected useful life of the bus. Bus refurbishing includes safety upgrades and may include technology capability.

Sec. C-19. 20-A MRSA §15689, sub-§§14 and 15  are enacted to read:

14 MaineCare seed for school administrative units.   The commissioner may deduct from a school administrative unit's state subsidy and pay on behalf of the school administrative unit allowable school-based costs that represent the school administrative unit's portion of MaineCare payments. A transfer of payment by the department to the Department of Health and Human Services must be made pursuant to a schedule agreed upon by the Department of Health and Human Services and the department and in a manner that remains in compliance with federal intergovernmental transfer requirements. No later than 90 days after the incurrence of allowable school-based payments to schools, the Department of Health and Human Services shall provide the detailed payment information to the department. The department shall make this information available and apply the adjustment to the appropriate school administrative units within 30 days of receipt of the detailed payment information from the Department of Health and Human Services.
15 Special education budgetary hardship adjustment.   Beginning in fiscal year 2018-19, the following provisions apply to adjustments for special education budgetary hardships.
A If a school administrative unit determined eligible pursuant to paragraph B petitions the commissioner and demonstrates that the unexpected education costs of placement of a student in a special education program will cause a budgetary hardship, the commissioner may provide to the unit an amount not to exceed the allowable costs of the placement less 3 times the statewide special education EPS per-pupil rate for in-district placements or less 4 times the statewide special education EPS per-pupil rate for out-of-district placements. The allowable costs are those special education costs described in section 15672, subsection 30-A, paragraphs A and B.
B The commissioner shall determine that a school administrative unit is eligible for an adjustment under paragraph A if:

(1) The student's placement is a result of an appeal approved by the commissioner pursuant to section 5205, subsection 6 or the student became the fiscal responsibility of the school administrative unit after the passage of that unit's budget for the current fiscal year; and

(2) The school administrative unit's unexpected allowable costs result in a 5% or more increase in the percentage of the unit's special education budget category to the unit's total budget excluding the debt service budget category.

C The funds for adjustments under paragraph A are limited to the amount appropriated by the Legislature for that purpose, and any unexpended balance from another program's appropriated amounts under this chapter may be applied by the commissioner toward the adjustments.
D A school administrative unit may expend the funds from the adjustment under paragraph A without seeking approval by the unit's legislative body.

Sec. C-20. 20-A MRSA §15689-A,  as amended by PL 2015, c. 63, §1 and c. 267, Pt. C, §§13 and 14 and Pt. GGG, §2 and corrected by RR 2015, c. 1, §15, is further amended to read:

§ 15689-A. Authorization of payment of targeted education funds

1. Payment of state agency client costs.   State agency client costs are payable pursuant to this subsection. As used in this subsection, "state agency client" has the same meaning as defined in section 1, subsection 34-A.
A. The commissioner shall approve special education costs and supportive services, including transportation, for all state agency clients placed in residential placements by an authorized agent of a state agency.
B. Special education costs authorized by this subsection for state agency clients must be paid by the department in the allocation year at 100% of actual costs.
C. The commissioner shall pay only approved special education costs and supportive services, including transportation, authorized by this subsection for state agency clients and may not allocate for those special education costs and supportive services, including transportation, incurred by the school administrative unit for state agency clients in the base years starting July 1, 1985, and every base year thereafter.
D. Transportation costs for state agency clients, when provided in accordance with rules established by the commissioner under section 7204, must be paid by the department in the allocation year at 100% of actual costs.
E The commissioner may pay tuition to school administrative units or private schools for education institutional residents within the limits of the allocation made under this section.
F The commissioner may deduct from these funds and pay on behalf of the state agency clients allowable school-based costs that represent the State's portion of MaineCare payments. A transfer of payment by the department to the Department of Health and Human Services must be made pursuant to a schedule agreed upon by the Department of Health and Human Services and the department and in a manner that remains in compliance with federal intergovernmental transfer requirements.
2 Education of institutional residents.   The commissioner may pay tuition to school administrative units or private schools for institutional residents within the limits of the allocation made under this section.
3. Essential programs and services components contract.   The commissioner may contract for the updating of the essential programs and services component with a statewide education research institute.
4. Learning results implementation, assessment and accountability.   The commissioner may expend and disburse funds limited to the amount appropriated by the Legislature to carry out the purposes of Public Law 1995, chapter 649, sections 5 and 8.
6. Education research contract.   The commissioner may contract for the compilation and analysis of education data with a statewide education research institute.
7. Disbursement limitations.   The funds disbursed in accordance with this section are limited to the amounts appropriated by the Legislature for these purposes.
8 Laptop program.   The commissioner may pay costs attributed to the contracted support services and annual payments for a program that provides laptop computers to middle school students.
9. Emergency bus loan.   The commissioner may pay annual payments for an emergency bus loan.
10. Data management and support services for essential programs and services.   The commissioner may pay costs attributed to system maintenance and staff support consisting of 11 positions that provide professional and administrative support to general purpose aid for local schools necessary to implement the requirements of the Essential Programs and Services Funding Act.
11. Courses for credit at eligible postsecondary institutions.   The commissioner may pay costs for secondary students to take postsecondary courses at eligible institutions. For the purposes of this subsection, "secondary student" includes a student in a home instruction program pursuant to section 5001-A, subsection 3, paragraph A, subparagraph (4) but does not include a student that is not a resident of the State pursuant to section 5205, subsection 10.
12. National board certification salary supplement.   The commissioner may pay annual salary supplement payments to school administrative units or a publicly supported secondary school for payment to school teachers who have attained certification from the National Board for Professional Teaching Standards or its successor organization pursuant to section 13013-A.
12-A. Learning through technology.   The commissioner may pay costs attributed to professional and administrative staff support consisting of one Education Team and Policy Director position, 2 Education Specialist III positions, one Planning and Research Associate I position, one Director of Special Projects position and 2 Education Specialist II positions, professional development and training in the use of open educational resources and open-source textbooks 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 the All Other line category in the Learning Through Technology General Fund nonlapsing account sufficient to support the All Other costs 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.
13. Jobs for Maine's Graduates.  The commissioner may expend and disburse funds for the Jobs for Maine's Graduates in accordance with the provisions of chapter 226.
14. Maine School of Science and Mathematics.  The commissioner may expend and disburse funds for the Maine School of Science and Mathematics in accordance with the provisions of chapter 312.
15. Maine Educational Center for the Deaf and Hard of Hearing and the Governor Baxter School for the Deaf.  The commissioner may expend and disburse funds for the Maine Educational Center for the Deaf and Hard of Hearing and the Governor Baxter School for the Deaf in accordance with provisions of chapter 304.
16. Transportation administration.   The commissioner may pay costs attributed to one Education Specialist III position professional and administrative staff support and system maintenance necessary to implement the transportation requirements of this chapter and chapter 215.
17. Special education and coordination of services for juvenile offenders.   The commissioner may pay certain costs attributed to staff support and associated operating costs for providing special education and providing coordination of education, treatment and other services to juvenile offenders at youth development centers in Charleston and South Portland. A transfer of All Other funds from the General Purpose Aid for Local Schools account to the Personal Services and All Other line categories in the Long Creek Youth Development Center General Fund account within the Department of Corrections, sufficient to support 2 Teacher positions, and to the Mountain View Youth Development Center General Fund account within the Department of Corrections, sufficient to support one Teacher one Education Specialist II position and one Office Associate II position, may occur annually by financial order upon recommendation of the State Budget Officer and approval of the Governor.
18 Coordination of services for juvenile offenders.   The commissioner may pay certain costs attributed to staff support and associated operating costs for providing coordination of education, treatment and other services for juvenile offenders at youth development centers in Charleston and South Portland. A transfer of All Other funds from the General Purpose Aid for Local Schools account to the Personal Services and All Other line categories in the Long Creek Youth Development Center, General Fund account within the Department of Corrections sufficient to support one Education Specialist II position and one Office Associate II position and to the Mountain View Youth Development Center, General Fund account within the Department of Corrections sufficient to support one Education Specialist II position and one Office Associate II position may occur annually by financial order upon recommendation of the State Budget Officer and approval of the Governor.
19. Miscellaneous costs limitations.  The amounts of the miscellaneous costs pursuant to this section are limited to the amounts appropriated by the Legislature for these costs.
20. Center of Excellence for At-risk Students.   The commissioner may expend and disburse funds for the Center of Excellence for At-risk Students in accordance with the provisions of chapter 227.

This subsection is repealed July 1, 2019.

21. Fund for the Efficient Delivery of Educational Services.   The commissioner may expend and disburse funds from the Fund for the Efficient Delivery of Educational Services in accordance with the provisions of chapter 114-A.
22 MaineCare seed for school administrative units.   The commissioner may deduct from a school administrative unit's state subsidy and pay on behalf of the school administrative unit allowable school-based costs that represent the school administrative unit's portion of MaineCare payments. A transfer of payment by the department to the Department of Health and Human Services must be made pursuant to a schedule agreed upon by the Department of Health and Human Services and the department and in a manner that remains in compliance with federal intergovernmental transfer requirements. No later than 90 days after the incurrence of allowable school-based payments to schools, the Department of Health and Human Services shall provide the detailed payment information to the department. The department shall make this information available and apply the adjustment to the appropriate school administrative units within 30 days of receipt of the detailed payment information from the Department of Health and Human Services.
23. Comprehensive early college programs.  The commissioner may expend and disburse funds to support early college programs that:
A. Provide secondary students with the opportunity to graduate from high school in 4 years with a high school diploma and at least 30 regionally accredited transferable postsecondary credits allowing for completion of an associate degree within one additional year of postsecondary schooling;
B. Involve a high school, a career and technical education center or region and one or more institutions of higher education;
C. Organize students into cohort groups and provide them with extensive additional guidance and support throughout the program with the goals of raising aspirations, increasing employability and encouraging postsecondary degree attainment; and
D. Maintain a focus on serving students who might not otherwise pursue a postsecondary education.
24. Postsecondary education attainment in Androscoggin County.  The commissioner shall expend and disburse $75,000 in fiscal year 2015-16 and $75,000 in fiscal year 2016-17 to support postsecondary education attainment in Androscoggin County.
25. Community schools.  The commissioner may expend and disburse funds for the establishment of community schools in accordance with the provisions of chapter 333.

This subsection is repealed July 1, 2021.

26. Maine School for Marine Science, Technology, Transportation and Engineering.  The commissioner may expend and disburse funds for the Maine School for Marine Science, Technology, Transportation and Engineering in accordance with the provisions of chapter 312-A.

Sec. C-21. 20-A MRSA §15905, sub-§1, ¶A,  as amended by PL 2015, c. 389, Pt. C, §10, 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 and pursuant to Resolve 2007, chapter 223, section 4, to exceed the maximum limits specified in Table 1 in subsequent fiscal years.
Table 1
Major Capital Integrated, Consolidated Secondary and Postsecondary Project
Fiscal year Maximum Debt Service Limit 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 $116,000,000
2013 $116,000,000
2014 $126,000,000 $10,000,000
2015 $126,000,000 $10,000,000
2016 $126,000,000 $10,000,000
2017 $126,000,000 $10,000,000
2018 $126,000,000 $10,000,000
2019 $126,000,000 $10,000,000
2020 $126,000,000 $20,000,000
2021 $126,000,000 $20,000,000
2022 $126,000,000 $20,000,000

Sec. C-22. Mill expectation. The mill expectation pursuant to the Maine Revised Statutes, Title 20-A, section 15671-A for fiscal year 2017-18 is 7.23.

Sec. C-23. 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 2017-18 is as follows:

2017-18
TOTAL
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 $1,960,368,089
Total Debt Service Allocation
Total debt service allocation pursuant to the Maine Revised Statutes, Title 20-A, section 15683-A $87,568,693
Total Adjustments to the State Share of the Total Allocation
Total adjustments to the state share of the total allocation pursuant to the Maine Revised Statutes, Title 20-A, section 15689 $1,447,021
Enhancing Student Performance and Opportunity $1,450,000
Total Targeted Education Funds
Total targeted education funds pursuant to the Maine Revised Statutes, Title 20-A, section 15689-A $66,360,736
Total Normal Cost of Teacher Retirement $45,274,070
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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 2017-18 pursuant to the Maine Revised Statutes, Title 20-A, chapter 606-B $2,162,468,609

Sec. C-24. 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, 2017 and ending June 30, 2018 is calculated as follows:

2017-18 2017-18
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, subject to statewide distributions required by law $1,054,954,753 $1,107,513,856

Sec. C-25. Authorization of payments. If the State's continued obligation for any individual component contained in those sections of this Part that set the total cost of funding public education from kindergarten to grade 12 and the local and state contributions for that purpose 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 this Part may not lapse but must be carried forward for the same purpose.

Sec. C-26. Limit of State's obligation. Those sections of this Part that set the total cost of funding public education from kindergarten to grade 12 and the local and state contributions for that purpose 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, 2017 and ending June 30, 2018.

Sec. C-27. Transfer from General Fund unappropriated surplus; Fund to Advance Public Kindergarten to Grade 12 Education, Other Special Revenue Funds account. The State Controller shall transfer $97,600,000 from the General Fund unappropriated surplus to the Fund to Advance Public Kindergarten to Grade 12 Education, Other Special Revenue Funds account within the Department of Education no later than June 30, 2018.

Sec. C-28. Effective date. That section of this Part that amends the Maine Revised Statutes, Title 20-A, section 15683-B, subsection 3 takes effect July 1, 2017.’

Amend the amendment by striking out all of Part D.

Amend the amendment by striking out all of Parts TTT and UUU.

Amend the amendment by striking out all of Part VVVVV.

Amend the amendment by striking out all of Part XXXXX.

Amend the amendment by striking out all of Parts ZZZZZ, AAAAAA, BBBBBB, CCCCCC, DDDDDD, EEEEEE and FFFFFF.

Amend the amendment by inserting after Part YYYYYY the following:

PART ZZZZZZ

Sec. ZZZZZZ-1. Appropriations and allocations. The following appropriations and allocations are made.

COMMUNITY COLLEGE SYSTEM, BOARD OF TRUSTEES OF THE MAINE

Bring College to ME Program Z168

Initiative: Appropriates funds to offset a deappropriation contained in Part A of this Act that reduces funding for the Bring College to ME Program in fiscal year 2018-19.

GENERAL FUND 2017-18 2018-19
All Other
$0 $320,000
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GENERAL FUND TOTAL $0 $320,000

Maine Community College System - Board of Trustees 0556

Initiative: Provides funding to continue current operations at Maine's 7 community colleges.

GENERAL FUND 2017-18 2018-19
All Other
$0 $3,180,000
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GENERAL FUND TOTAL $0 $3,180,000

Maine Community College System - Board of Trustees 0556

Initiative: Provides additional one-time funding for strategic initiatives related to occupational programming and statewide workforce development in fiscal years 2017-18 and 2018-19.

GENERAL FUND 2017-18 2018-19
All Other
$100,000 $1,300,000
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GENERAL FUND TOTAL $100,000 $1,300,000

COMMUNITY COLLEGE SYSTEM, BOARD OF TRUSTEES OF THE MAINE
DEPARTMENT TOTALS 2017-18 2018-19
GENERAL FUND
$100,000 $4,800,000
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DEPARTMENT TOTAL - ALL FUNDS $100,000 $4,800,000

EDUCATION, DEPARTMENT OF

Fund for the Efficient Delivery of Educational Services Z005

Initiative: Deallocates funds to offset allocations contained in Part A of this Act that provide one-time funding for consolidation of school administrative units.

OTHER SPECIAL REVENUE FUNDS 2017-18 2018-19
All Other
($5,000,000) ($5,000,000)
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OTHER SPECIAL REVENUE FUNDS TOTAL ($5,000,000) ($5,000,000)

Fund to Advance Public Kindergarten to Grade 12 Education Z247

Initiative: Allocates funds to increase the State’s share of the total cost of public education from kindergarten to grade 12 to 55% beginning in fiscal year 2018-19.

OTHER SPECIAL REVENUE FUNDS 2017-18 2018-19
All Other
$116,355,319 $209,444,681
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OTHER SPECIAL REVENUE FUNDS TOTAL $116,355,319 $209,444,681

General Purpose Aid for Local Schools 0308

Initiative: Deappropriates funds to offset appropriations contained in Part A of this Act that provide funding for kindergarten to grade 12 public education.

GENERAL FUND 2017-18 2018-19
All Other
($16,700,000) ($95,000,000)
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GENERAL FUND TOTAL ($16,700,000) ($95,000,000)

National Board Certification Salary Supplement Fund Z147

Initiative: Reverses funds to offset transfers contained in Part A of this Act that eliminate funding for the National Board Certification Salary Supplement Fund program. This initiative will not generate $335,000 in General Fund undedicated revenue in each fiscal year of the 2018-2019 biennium.

OTHER SPECIAL REVENUE FUNDS 2017-18 2018-19
All Other
$335,000 $335,000
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OTHER SPECIAL REVENUE FUNDS TOTAL $335,000 $335,000

EDUCATION, DEPARTMENT OF
DEPARTMENT TOTALS 2017-18 2018-19
GENERAL FUND
($16,700,000) ($95,000,000)
OTHER SPECIAL REVENUE FUNDS
$111,690,319 $204,779,681
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DEPARTMENT TOTAL - ALL FUNDS $94,990,319 $109,779,681

SECTION TOTALS 2017-18 2018-19
GENERAL FUND
($16,600,000) ($90,200,000)
OTHER SPECIAL REVENUE FUNDS
$111,690,319 $204,779,681
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SECTION TOTAL - ALL FUNDS $95,090,319 $114,579,681

Amend the amendment by relettering or renumbering any nonconsecutive Part letter or section number to read consecutively.

SUMMARY

This amendment does the following.

1. It amends the total cost of education from kindergarten to grade 12 for fiscal year 2017-18, the state contribution and the annual target state share percentage.

2. It strikes the repeal of the 3% surcharge on incomes above $200,000 enacted pursuant to Initiated Bill 2015, chapter 4.

3. It strikes the repeal of funding for system administration and the declining enrollment adjustment within essential programs and services.

4. It amends other statutory changes to the Essential Programs and Services Funding Act.

5. It removes funding for the Fund for the Efficient Delivery of Education Services.

6. It strikes the repeal of the National Board Certification Salary Supplement program and restores its funding.

7. It restores funding for the Bring College to ME program within the Maine Community College System beginning in fiscal year 2018-19.

8. It provides additional ongoing funding for the 7 colleges within the Maine Community College System.

9. It provides additional one-time funding for strategic initiatives related to occupational programming and statewide workforce development in fiscal year 2017-18 and fiscal year 2018-19.

10. It strikes language that changes the annual reporting deadline for reports on the performance of the Child Development Services System and changes fiscal reporting requirements.

11. It strikes language that directs the State Controller to transfer $5,000,000 in each fiscal year of the 2018-2019 biennium, as one-time transfers, from the General Fund unappropriated surplus to the Fund for the Efficient Delivery of Educational Services, Other Special Revenue Funds account within the Department of Education.

12. It strikes language that creates school management and leadership centers and allows the Commissioner of Education to authorize one additional public charter school in each school year through the 2021-2022 school year once the statutory cap of 10 public charter schools is reached.

13. It strikes language that directs the Department of Education to establish education savings accounts for no more than 100 children with disabilities that may be used by the parents or legal guardians of such children for certain educational purposes.

14. It strikes language that adds engaging in training and staff development for identification of and provision of intervention services for children with autism to the program functions of the Child Development Services System.

15. It strikes language that amends the career and technical education laws to enable career and technical education programs to serve students in grades 6 to 8.

16. It strikes language that requires the University of Maine System, the Maine Community College System and the Maine Maritime Academy to report the cost to students of remedial courses in the subjects of English language arts and mathematics and requires the Commissioner of Education to reduce state subsidy to the school administrative units accordingly and pay those funds to the higher education institution where the students took those remedial courses.

17. It strikes language that authorizes the State to bargain for a contract for standard salary and benefits for public education employees in participating school districts.

18. It strikes language that directs the Department of Education to review the work of the public-private partnership Count ME In and to undertake a comprehensive attendance initiative to address truancy.

19. It strikes language that directs the Maine Education Policy Research Institute to include a review of required testing and assessments in schools in the State as part of its work plan.

FISCAL NOTE REQUIRED
(See attached)


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