Sec. AAAA-1. 20-A MRSA §13013-A is enacted to read:
§13013-A. Salary supplement for national board-certified teachers
1. Salary supplement. Notwithstanding any other provision of law, the Department of Education shall provide a public school teacher who has attained certification from the National Board for Professional Teaching Standards, or its successor organization, as of July 1, 2006 or thereafter with an annual national board certification salary supplement of $3,000 for the life of the certificate. The salary supplement must be added to the teacher's base salary and must be considered in the calculation for contributions to the Maine State Retirement System. If a nationally certified teacher becomes no longer employed as a classroom teacher in the field of that teacher's national certification, the supplement ceases.
2. Local filing; certification. On or before October 15th annually, the superintendent of schools of a school administrative unit shall file with the commissioner a certified list of national board-certified teachers eligible to receive the salary supplement pursuant to subsection 1.
3. Payment. The department shall provide the salary supplement to eligible teachers no later than February 15th of each year.
Sec. AAAA-2. 20-A MRSA §15671-A, sub-§5, as amended by PL 2005, c. 12, Pt. WW, §3 and affected by §18, is further amended to read:
5. Exceeding maximum state and local spending target. If the sum of a school administrative unit's required local contribution determined pursuant to section 15688, subsection 3-A plus the state contribution as calculated pursuant to section 15688, subsection 3-A, paragraph D, plus any state funds resulting from a transition adjustment pursuant to section 15686, plus any additional local amount proposed to be raised pursuant to section 15690, subsection 3 exceeds the school administrative unit's maximum state and local spending target established pursuant to subsection 4, the following provisions govern approval of that additional amount.
A. The article approving the additional amount must conform to the requirements of section 15690, subsection 3, paragraph B. Notwithstanding section 1304, subsection 6; section 1701, subsection 7; Title 30-A, section 2528, subsection 5, or any other provision of law, municipal charter provision or ordinance, voter approval of the article, whether in town meeting, district meeting or other voting process established by law, municipal charter or ordinance, including, but not limited to, any vote on the article initiated by voter petition, must be by referendum or written ballot.
B. In a municipality where the responsibility for final adoption of the school budget is vested by the municipal charter in a council, this paragraph applies, except that the petition and referendum provisions apply only if the municipal charter does not otherwise provide for or prohibit a petition and referendum process with respect to the matters described in this paragraph.
(1) A majority of the entire membership of the school board or committee must approve the additional amount in a regular budget meeting.
(2) An article approving the additional amount must conform to the requirements of section 15690, subsection 3, paragraph B and be approved by a majority of the entire membership of the council in a vote taken in accordance with section 15690, subsection 5 or, if the council votes not to approve the article, by a majority of voters voting in a referendum called pursuant to subparagraph (4).
(3) If an article is approved by the council pursuant to subparagraph (2), the voters may petition for a referendum vote on the same article in accordance with subparagraph (4). If a petition is filed in accordance with subparagraph (4), the vote of the council is suspended pending the outcome of the referendum vote. Upon approval of the article by a majority of the voters voting in that referendum, the article takes effect. If the article is not approved by a majority of the voters voting in that referendum, the article does not take effect. Subsequent to the vote, the school committee or board may again propose an additional amount, subject to the requirements of this section.
(4) If a written petition, signed by at least 10% of the number of voters voting in the last gubernatorial election in the municipality, requesting a vote on the additional amount is submitted to the municipal officers within 30 days of the council's vote pursuant to subparagraph (2), the article voted on by the council must be submitted to the legal voters in the next regular election or a special election called for the purpose. The election must be held within 45 days of the submission of the petition. The election must be called, advertised and conducted according to the law relating to municipal elections, except that the registrar of voters is not required to prepare or the clerk to post a new list of voters and absentee ballots must be prepared and made available at least 14 days prior to the date of the referendum. For the purpose of registration of voters, the registrar of voters must be in session the secular day preceding the election. The voters shall indicate by a cross or check mark placed against the word "Yes" or "No" their opinion on the article. The results must be declared by the municipal officers and entered upon the municipal records.
Sec. AAAA-3. 20-A MRSA §15672, sub-§2-B is enacted to read:
2-B. Debt service adjustment mill rate. "Debt service adjustment mill rate" is the mill rate derived by dividing 45% of the debt service costs by the property fiscal capacity for all school administrative units.
Sec. AAAA-4. 20-A MRSA §15672, sub-§22-A, as enacted by PL 2005, c. 2, Pt. D, §36 and affected by §§72 and 74 and c. 12, Pt. WW, §18, is repealed and the following enacted in its place:
22-A. Predicted per-pupil transportation costs. "Predicted per-pupil transportation costs" means the greater of:
A. A pupil density model based on the net cost per resident pupil for each school administrative unit that is predicted by pupil density per mile of Class 1 to Class 5 roads in the school administrative unit and approved adjustments; and
B. The average of the pupil density model under paragraph A and an odometer miles model based on the gross cost per pupil conveyed for each school administrative unit that is predicted by the odometer miles traveled per pupil conveyed by the school administrative unit.
Approved adjustments include a per-mile rate equal to the state average gross transportation operating costs per mile driven for transportation associated with out-of-district special education programs, up to 2 round trips per day to each facility for transportation associated with career and technical education programs, and adjustments for expenditures for ferry services within a school administrative unit, transportation of homeless children in accordance with section 5205 and transportation costs of island school administrative units.
Sec. AAAA-5. 20-A MRSA §15675, sub-§1, ¶D, as enacted by PL 2005, c. 12, Pt. UU, §2 and affected by §§12 and 13 and Pt. WW, §18, is amended to read:
D. Notwithstanding paragraphs A, B and C and for fiscal year 2005-06 only, a school administrative unit that receives an allocation for limited English proficiency students and that has more than 15 and fewer than 26 limited English proficiency students is eligible for an adjustment to its allocation for limited English proficiency students that is the difference between the amount that the school unit would have received under the calculation described in paragraph B and the amount that is calculated when the school unit receives for the first 15 students a weight of .50 instead of .30 as otherwise required under paragraph B. This paragraph is repealed June 30, 2006 June 30, 2008.
Sec. AAAA-6. 20-A MRSA §15680, sub-§4, as enacted by PL 2003, c. 504, Pt. A, §6, is repealed.
Sec. AAAA-7. 20-A MRSA §15681, sub-§5, as enacted by PL 2003, c. 504, Pt. A, §6, is repealed.
Sec. AAAA-8. 20-A MRSA §15681-A, sub-§3, as amended by PL 2005, c. 12, Pt. UU, §3 and affected by §§12 and 13 and Pt. WW, §18, is repealed and the following enacted in its place:
3. Transportation costs. For fiscal year 2006-07, the commissioner, using information provided by a statewide education policy research institute, shall establish for each school administrative unit a predicted per-pupil transportation cost as defined in section 15672, subsection 22-A. The established predicted per-pupil transportation cost multiplied by the number of the school administrative unit's resident students for each school administrative unit must be no less than 90% of the most recent year's reported net transportation expenditures. Beginning in fiscal year 2007-08, and for each subsequent fiscal year, the per-pupil transportation costs for each school administrative unit are its predicted per-pupil transportation cost for the most recent year adjusted by the Consumer Price Index or other comparable index, except that the established predicted per-pupil transportation cost multiplied by the number of the school administrative unit's resident students for each school administrative unit must be no less than 90% of the most recent year's reported net transportation expenditures. The commissioner shall develop an appeals procedure for established per-pupil transportation costs for school administrative units;
Sec. AAAA-9. 20-A MRSA §15682, as amended by PL 2005, c. 2, Pt. D, §46 and affected by §§72 and 74 and c. 12, Pt. WW, §18, is further amended to read:
The commissioner shall make a regional adjustment in the total operating allocation for each school administrative unit determined pursuant to section 15683. The regional adjustment must be based on the regional differences in teacher salary costs within labor market areas in the State, as computed by a statewide education policy research institute, and must be applied only to appropriate teacher salary and benefits costs as calculated under section 15678 and salary and benefit costs of other school-level staff who are not teachers as calculated under section 15679.
Beginning in fiscal year 2006-07, and at least every 2 years thereafter, the commissioner, using information provided by a statewide education policy research institute, shall review the regional adjustment amounts under this section and shall submit any recommended changes to the state board for approval.Sec. AAAA-10. 20-A MRSA §15683, sub-§1, ¶F, as enacted by PL 2005, c. 2, Pt. D, §47 and affected by §§72 and 74 and c. 12, Pt. WW, §18, is amended to read:
F. An isolated small unit adjustment. A school administrative unit is eligible for an isolated small school adjustment when the unit meets the size and distance criteria as established by the commissioner and approved by the state board. The amount of the adjustment is the result of adjusting the necessary student-to-staff ratios determined in section 15679, subsection 2, the per-pupil amount for operation and maintenance of plant in section 15680, subsection 1, paragraph B or other essential programs and services components in chapter 606-B, as recommended by the commissioner.
Sec. AAAA-11. 20-A MRSA §15686, sub-§2 is enacted to read:
2. Adjustment in fiscal year 2006-07. A school administrative unit is eligible for a transition adjustment in fiscal year 2006-07 to mitigate a significant increase in state-certified property valuation according to the provisions of this subsection.
A. A school admistrative unit is eligible under this subsection if it meets the following tier 1 criteria:
(1) The school administrative unit's state subsidy for fiscal year 2006-07, including the transition adjustment under this section, is less than the state subsidy the school administrative unit received in fiscal year 2005-06, including transition adjustments and adjustments for the decline in debt service; and
(2) The school administrative unit's state-certified valuation's increase from 2004 to 2005 is greater than the increase in statewide state-certified valuation during the same period.
School administrative units meeting the criteria in subparagraphs (1) and (2) are eligible to receive a transition adjustment amount equal to the result of the unit's valuation over the state average increase in valuation up to 4% multiplied by the statewide mill expectation established for fiscal year 2006-07 that may not result in a state share greater than the unit received in fiscal year 2005-06, including transition adjustments and adjustments for the decline in debt service.
B. A school administrative unit is eligible under this subsection if it meets the following tier 2 criteria:
(1) The school administrative unit's state subsidy in fiscal year 2006-07, including the transition adjustment under this section, is less than the state subsidy the school administrative unit received in fiscal year 2005-06, including transition adjustments and adjustments for the decline in debt service;
(2) The school administrative unit's adjusted mill expectation is below the statewide mill expectation established for fiscal year 2006-07;
(3) The school administrative unit's state subsidy in fiscal year 2006-07, including the transition adjustment under this section, is less than the school administrative unit's fiscal year 2004-05 state share of its total allocation, including the minimum state share of its total allocation pursuant to section 15689, subsection 1 and the adjustment for geographic isolation pursuant to former section 15612, subsection 2 and including the adjustment due to reduced expenditures for buses, debt service, special education, gifted and talented education and career and technical education;
(4) The school administrative unit's state subsidy in fiscal year 2005-06 did not include a transition adjustment; and
(5) The school administrative unit operates an elementary or secondary school.
School administrative units meeting all the criteria in this paragraph are eligible to receive a transition adjustment in an amount equal to the difference between the following: the school administrative unit's state subsidy in fiscal year 2006-07, including the transition adjustment under this section; and the fiscal year 2004-05 state share of the school administrative unit's total allocation, including the minimum state share of its total allocation pursuant to section 15689, subsection 1 and the adjustment for geographic isolation pursuant to former section 15612, subsection 2 and including the adjustment due to reduced expenditures for buses, debt service, special education, gifted and talented education and career and technical education plus 5%.
Sec. AAAA-12. 20-A MRSA §15686-A is enacted to read:
§15686-A. Review of essential programs and services components
1. Components to be reviewed beginning in fiscal year 2006-07. Beginning in fiscal year 2006-07, 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 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 2007-08. Beginning in fiscal year 2007-08, 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 2008-09. Beginning in fiscal year 2008-09, 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, leadership support, cocurricular and extra-curricular activities and supplies and equipment 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.
Sec. AAAA-13. 20-A MRSA §15689, sub-§1, as affected by PL 2005, c. 12, Pt. WW, §18 and amended by c. 457, Pt. I, §1, is further amended to read:
1. Minimum state allocation. Each school administrative unit must be guaranteed a minimum state share of its total allocation that is an amount equal to the greater of the following:
A. The sum of the following calculations:
(1) Multiplying 5% of each school administrative unit's essential programs and services per-pupil elementary rate by the average number of resident kindergarten to grade 8 pupils as determined under section 15674, subsection 1, paragraph C, subparagraph (1); and
(2) Multiplying 5% of each school administrative unit's essential programs and services per-pupil secondary rate by the average number of resident grade 9 to grade 12 pupils as determined under section 15674, subsection 1, paragraph C, subparagraph (1); and
B. The school administrative unit's special education costs as calculated pursuant to section 15681-A, subsection 2 multiplied by the following transition percentages:
(1) In fiscal year 2005-06, 84%;
(2) In fiscal year 2006-07, 84%;
(3) In fiscal year 2007-08, 95%; and
(4) In fiscal year 2008-09 and succeeding years, 100%.
These funds must be an adjustment to the school administrative unit's state and local allocation after the state and local allocation has been adjusted for debt service pursuant to subsection 2. Beginning July 1, 2007, these funds must be an adjustment to the school administrative unit's state and local allocation in addition to the state and local allocation that has been adjusted for debt service pursuant to subsection 2.
Sec. AAAA-14. 20-A MRSA §15689, sub-§1-A is enacted to read:
1-A. Adjustments to state contributions to member municipalities in certain school districts. Beginning in fiscal year 2007-08, the minimum state allocation provisions of subsection 1 are applicable for each case when one or more member municipalities, but not all the district's member municipalities, have a local contribution that is below the mill rate expectation established pursuant to section 15671-A. For each school district eligible under this subsection, the minimum state allocation provisions of subsection 1 are applicable for each member municipality that has a local contribution that is below the mill rate expectation established pursuant to section 15671-A, except that the transition percentages in section 15689, subsection 1, paragraph B must be multiplied by the percentage of calendar year resident pupils in the member municipality.
Sec. AAAA-15. 20-A MRSA §15689, sub-§2, ¶B, as enacted by PL 2003, c. 712, §17, is amended to read:
B. The amount of the adjustment is the difference, but not less than zero, between the state share of the total allocation under this chapter and the amount computed as follows.
(1) The school administrative unit's state share of the total allocation if the local share was the sum of the following:
(a) The local share amount for the school administrative unit calculated as the lesser of the total allocation excluding debt service costs and the school administrative unit's fiscal capacity multiplied by the mill rate expectation established in section 15671-A less .50 mills; and
(b) The local share amount for the school administrative unit calculated as the lesser of the debt service costs and the school administrative unit's fiscal capacity multiplied by .50 mills.
This subparagraph is repealed June 30, 2007.
(2) Beginning July 1, 2007, the school administrative unit's state share of the total allocation if the local share was the sum of the following:
(a) The local share amount for the school administrative unit calculated as the lesser of the total allocation excluding debt service costs and the school administrative unit's fiscal capacity multiplied by the mill rate expectation established in section 15671-A less the debt service adjustment mill rate defined in section 15672, subsection 2-B; and
(b) The local share amount for the school administrative unit calculated as the lesser of the debt service costs and the school administrative unit's fiscal capacity multiplied by the debt service adjustment mill rate defined in section 15672, subsection 2-B.
Sec. AAAA-16. 20-A MRSA §15689-A, sub-§12 is enacted to read:
12. National board certification salary supplement. The commissioner may pay annual payments to public school teachers who have attained certification from the National Board for Professional Teaching Standards.
Sec. AAAA-17. 20-A MRSA §15690, sub-§3, ¶A, as amended by PL 2005, c. 12, Pt. WW, §6 and affected by §18, is further amended to read:
A. If the amount of the additional funds does not result in the unit's exceeding its maximum state and local spending target established pursuant to section 15671-A, subsection 4, an article in substantially the following form must be used when a school administrative unit is considering the appropriation of additional local funds:
(1) "Article ....: To see what sum the (municipality or district) will raise and to appropriate the sum of (Recommend $.....) in additional local funds for school purposes under the Maine Revised Statutes, Title 20-A, section 15690. (Recommend $......)"
(2) The following statement must accompany the article in subparagraph (1). "Explanation: The additional local funds are those locally raised funds over and above the school administrative unit's local contribution to the total cost of funding public education from kindergarten to grade 12 as described in the Essential Programs and Services Funding Act and local amounts raised for the annual debt service payment on previously approved non-state-funded school construction projects and the non-state-funded portion of school construction projects and minor capital projects debt service that will help achieve the (municipality's or district's) budget for educational programs."
Sec. AAAA-18. 20-A MRSA §15690, sub-§3, ¶B, as enacted by PL 2005, c. 2, Pt. D, §62 and affected by §§72 and 74 and c. 12, Pt. WW, §18, is amended to read:
B. If the amount exceeds the unit's maximum state and local spending target established pursuant to section 15671-A, subsection 4, an article in substantially the following form must be used when a school administrative unit is considering an appropriation of additional local funds.
(1) "Article ....: Shall (name of municipality or district) raise and appropriate $....... in additional local funds, which exceeds the State's Essential Programs and Services funding allocation model by $...... as required to fund the budget recommended by the (school committee or board of directors)?"
The (school committee or board of directors) recommends $......... for additional local funds and gives the following reasons (state reasons) for exceeding the State's Essential Programs and Services funding model by $........:
(2) The following statement must accompany the article in subparagraph (1). "Explanation: The additional local funds are those locally raised funds over and above the school administrative unit's local contribution to the total cost of funding public education from kindergarten to grade 12 as described in the Essential Programs and Services Funding Act and local amounts raised for the annual debt service payment on non-state-funded school construction projects or the non-state-funded portion of a school construction project debt service that will help achieve the (municipality's or district's) budget for educational programs."
Sec. AAAA-19. PL 2003, c. 712, §21 is repealed.
Sec. AAAA-20. Gifted and talented education. To ensure greater equity of education opportunities and efficiency in the use of approved gifted and talented education resources, beginning no later than fiscal year 2007-08, approved gifted and talented education costs must be included in the essential programs and services operating cost calculations.
Sec. AAAA-21. Career and technical education. To ensure greater equity of education opportunities and efficiency in the use of approved career and technical education resources, beginning no later than fiscal year 2008-09, approved career and technical education costs must be included in the essential programs and services operating cost calculations.
Sec. AAAA-22. Transition adjustments; special education costs of minimum state allocation receivers. The following transition adjustments apply to eligible school administrative districts and community school districts.
1. For fiscal year 2006-07, eligible school administrative districts and community school districts must receive transition adjustments to the member municipalities' local contributions and the districts' state contributions.
A. A school administrative district or community school district is eligible for these adjustments if it meets the following eligibility criteria.
(1) One or more member municipalities, but not all the district's member municipalities, have a local contribution that is below the mill rate expectation established pursuant to the Maine Revised Statutes, Title 20-A, section 15671-A for fiscal year 2006-07.
(2) A member municipality's local contribution pursuant to Title 20-A, section 15688 is 5% greater than that municipality's local share would have been under its existing local cost-sharing formula.
B. A school administrative district or community school district that meets the eligibility criteria in paragraph A must receive a transition adjustment to the state contribution equal to the following.
(1) For each municipality in the district that meets the eligibility criteria in paragraph A, the sum of each municipality's special education allocation as determined in paragraph D multiplied by 0.35.
C. A school administrative district or community school district that meets the eligibility criteria in paragraph A must have its local contribution adjusted as follows.
(1) For each municipality in the district that meets the eligibility criteria in paragraph A, the municipality's local contribution as determined pursuant to Title 20-A, section 15688 must be reduced by an amount equal to the municipality's special education allocation as determined in paragraph D multiplied by 0.35.
D. Each member municipality's special education allocation is the special education allocation pursuant to Title 20-A, section 15681-A, subsection 2 for the district multiplied by the percentage of calendar year resident pupils in each municipality.
This section is repealed June 30, 2007.
Sec. AAAA-23. Transition adjustments; school districts with significant increase in property valuation. The following transition adjustments apply to eligible school administrative districts and community school districts.
1. For fiscal year 2006-07, eligible school administrative districts and community school districts must receive transition adjustments to the member municipalities' local contributions and the districts' state contributions.
A. A school administrative district or community school district is eligible for these adjustments if it meets the following eligibility criteria.
(1) One or more member municipalities must have a local contribution that is at the established mill expectation.
(2) A member municipality's local contribution pursuant to the Maine Revised Statutes, Title 20-A, section 15688 is at least 15% greater than that municipality's local share would have been under its existing local cost-sharing formula and that member municipality experiences a growth in state-certified valuation of more than 2.5% over the state average from the 2004 state-certified valuation and the 2005 state-certified valuation.
B. A school administrative district or community school district that meets the eligibility criteria in paragraph A must receive a transition adjustment to the state contribution equal to the following.
(1) For each municipality in the district that meets the eligibility criteria in paragraph A, the results of the 2.5% of that municipality's 2004 state-certified valuation times the established mill expectation.
C. A school administrative district or community school district that meets the eligibility criteria in paragraph A must have its local contribution adjusted as follows.
(1) For each municipality in the district that meets the eligibility criteria in paragraph A, the municipality's local contribution as determined pursuant to Title 20-A, section 15688 must be reduced by an amount equal to the transition amount determined in paragraph B.
This section is repealed June 30, 2007.
Sec. AAAA-24. Appropriations and allocations. The following appropriations and allocations are made.
EDUCATION, DEPARTMENT OF
Teacher Retirement 0170
Initiative: Appropriates funds for the normal cost component for the additional funds provided to each public school teacher in Maine who has attained certification from the National Board for Professional Teaching Standards as of July 1, 2006 or thereafter for the life of the certification.
GENERAL FUND 2005-06 2006-07
All Other $0 $17,033
____________ ____________
GENERAL FUND TOTAL $0 $17,033
EDUCATION, DEPARTMENT OF
DEPARTMENT TOTALS 2005-06 2006-07
GENERAL FUND $0 $17,033
____________ ____________
DEPARTMENT TOTAL -
ALL FUNDS $0 $17,033
FINANCE AUTHORITY OF MAINE
Student Financial Assistance Programs 0653
Initiative: Provides additional one-time funds for the Educators for Maine program for Maine residents pursuing careers in education.
GENERAL FUND 2005-06 2006-07
All Other $0 $300,000
__________
GENERAL FUND TOTAL $0 $300,000
FINANCE AUTHORITY OF MAINE
DEPARTMENT TOTALS 2005-06 2006-07
GENERAL FUND $0 $300,000
____________ ____________
DEPARTMENT TOTAL -
ALL FUNDS $0 $300,000
SECTION TOTALS 2005-06 2006-07
GENERAL FUND $0 $317,033
____________ ____________
SECTION TOTAL -
ALL FUNDS $0 $317,033
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