CHAPTER 314
H.P. 619 - L.D. 842
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 20-A MRSA §15603, sub-§8, ¶B, as amended by PL 1997, c. 787, §6, is further amended to read:
B. Lease costs for school buildings when the leases, including leases under which the school administrative unit may apply the lease payments to the purchase of portable, temporary classroom space beginning January 1, 1988, have been approved by the commissioner for the year prior to the year of allocation. Beginning July 1, 1998 lease cost includes:
(1) Administrative space. A school administrative unit may lease administrative space with state support until July 1, 2003. A school administrative unit engaged in a lease-purchase agreement for administrative space is eligible for state support until July 1, 2008;
(2) Temporary interim nonadministrative space.
(a) A school administrative unit with state-approved need for nonadministrative space may lease temporary interim space, with state support, for a maximum of 5 years. A school administrative unit that has a major capital improvement application or a school revolving renovation fund application on file with the department that is not rated high enough by the department using the department's rating scale compared to other school administrative units to obtain funding to correct problems with its facilities may appeal to the state board if the limitation in this division presents an undue burden. The board's decision is final. In making a determination on a school administrative unit's request for relief based on undue burden, the state board must consider, but is not limited to considering, the following:
(i) Fiscal capacity;
(ii) Enrollment demographics; and
(iii) Any unforeseen circumstances not within the control of the school administrative unit.
The state board's decision is final.
(b) A school administrative unit engaged in a lease-purchase agreement for temporary interim nonadministrative space is eligible for state support for a maximum of 10 years; and
(3) Permanent small nonadministrative space that replaces or is converted from existing approved leased portable space. The existing leased portable space will be eligible for state support until July 1, 2003. Once an existing leased portable space has been converted into a permanent nonadministrative space through an approved lease-purchase agreement, such space is eligible for state support for a maximum of 10 years.
The Department of Education shall adopt rules necessary to implement this paragraph. Rules adopted by the Department of Education to implement this paragraph are major substantive rules pursuant to Title 5, chapter 375, subchapter II-A 2-A;
Effective September 13, 2003, unless otherwise indicated.
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