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An Act To Adjust Appropriations and Allocations from the General Fund and Other Funds for the Expenditures of the Department of Education, the Maine Arts Commission and the Maine State Museum and To Change Certain Provisions of the Law Necessary to the Proper Operations of State Government for the Fiscal Year Ending June 30, 2015
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 90-day period may not terminate until after the beginning of the next fiscal year; and
Whereas,  certain obligations and expenses incident to the operation of state departments and institutions will become due and payable immediately; 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 enacted by the People of the State of Maine as follows:
PART A
Sec. A-1. Appropriations and allocations. The following appropriations and allocations are made.
 
EDUCATION, DEPARTMENT OF
 
PK-20, Adult Education and Federal Programs Team Z081
 
Initiative: Reallocates the cost of one Public Service Manager II position from 100% in the PK-20, Adult Education and Federal Programs Team program, Federal Expenditures Fund to 95% in the PK-20, Adult Education and Federal Programs Team program, Federal Expenditures Fund and 5% in the School Finance and Operations program, Federal Expenditures Fund.

FEDERAL EXPENDITURES FUND	2014-15	2015-16	2016-17	
POSITIONS - LEGISLATIVE COUNT	0.000	0.000	0.000	
Personal Services	($5,598)	$0	$0	
All Other	($5,598)	$0	$0	
				
FEDERAL EXPENDITURES FUND TOTAL	($11,196)	$0	$0	

School Finance and Operations Z078
 
Initiative: Reallocates the cost of one Public Service Manager II position from 100% in the PK-20, Adult Education and Federal Programs Team program, Federal Expenditures Fund to 95% in the PK-20, Adult Education and Federal Programs Team program, Federal Expenditures Fund and 5% in the School Finance and Operations program, Federal Expenditures Fund.

FEDERAL EXPENDITURES FUND	2014-15	2015-16	2016-17	
Personal Services	$5,598	$0	$0	
				
FEDERAL EXPENDITURES FUND TOTAL	$5,598	$0	$0	

EDUCATION, DEPARTMENT OF				
DEPARTMENT TOTALS	2014-15	2015-16	2016-17	
				
FEDERAL EXPENDITURES FUND	($5,598)	$0	$0	
				
DEPARTMENT TOTAL - ALL FUNDS	($5,598)	$0	$0	
 
PART B
Sec. B-1. Appropriations and allocations. The following appropriations and allocations are made to provide funding for approved reclassifications and range changes.
 
EDUCATION, DEPARTMENT OF
 
General Purpose Aid for Local Schools 0308
 
Initiative: Provides funding for approved reclassifications and range changes.

GENERAL FUND	2014-15	2015-16	2016-17	
Personal Services	$14,578	$0	$0	
All Other	($14,578)	$0	$0	
				
GENERAL FUND TOTAL	$0	$0	$0	

PK-20, Adult Education and Federal Programs Team Z081
 
Initiative: Provides funding for approved reclassifications and range changes.

GENERAL FUND	2014-15	2015-16	2016-17	
Personal Services	$11,227	$0	$0	
All Other	($11,227)	$0	$0	
				
GENERAL FUND TOTAL	$0	$0	$0	

School Finance and Operations Z078
 
Initiative: Provides funding for approved reclassifications and range changes.

GENERAL FUND	2014-15	2015-16	2016-17	
Personal Services	$6,662	$0	$0	
All Other	($6,662)	$0	$0	
				
GENERAL FUND TOTAL	$0	$0	$0	

OTHER SPECIAL REVENUE FUNDS	2014-15	2015-16	2016-17	
Personal Services	$2,243	$0	$0	
All Other	($2,243)	$0	$0	
				
OTHER SPECIAL REVENUE FUNDS TOTAL	$0	$0	$0	

EDUCATION, DEPARTMENT OF				
DEPARTMENT TOTALS	2014-15	2015-16	2016-17	
				
GENERAL FUND	$0	$0	$0	
OTHER SPECIAL REVENUE FUNDS	$0	$0	$0	
				
DEPARTMENT TOTAL - ALL FUNDS	$0	$0	$0	
 
PART C
Sec. C-1.  20-A MRSA §2413, sub-§3  is enacted to read:
 
3.  Funding for public charter schools authorized by the Maine Charter School Commission.     Beginning with fiscal year 2015-16, this section does not apply to those public charter schools authorized by the commission.
Sec. C-2.  20-A MRSA §2413-A  is enacted to read:
§ 2413-A. Funding for public charter schools authorized by the commission
Beginning with fiscal year 2015-16, this section applies to public charter schools authorized by the commission.
 
1.  Pupil count.     Students enrolled in and attending public charter schools must be reported to the department for attendance and funding purposes as provided in section 15683-B, subsection 2 and department rules.
 
2.  Revenue provisions.     State allocation funds follow each student to the public charter school attended by the student.
 
A.  For each public charter school, the total allocation must be determined as follows.
 
(1) The total allocation must be calculated pursuant to section 15683-B, based on the student's grade level and adjusted as appropriate for economically disadvantaged students and limited English proficiency students pursuant to section 15675, subsections 1 and 2. Debt service and capital outlays may not be included in the calculation of these allocations. The department shall adopt rules governing how to calculate per-pupil allocations, including those for targeted funds for assessment, technology and kindergarten to grade 2 programs.
 
(2) For students attending public charter schools, the payments for public charter schools must be made pursuant to section 15683-B, subsection 6.
 
(3) For transportation expenses, the transportation operating allocation must be the statewide per-pupil essential programs and services transportation operating allocation multiplied by pupil counts determined under section 15683-B, subsection 2, paragraph A multiplied by a percentage established by the commission for the public charter school based on the cost of transportation services provided by the public charter school to the student, but not to exceed 100%.
 
(4) The department shall pay to the public charter school any additional allocation assigned to the public charter school for gifted and talented students pursuant to section 15681-A, subsection 5 in the year in which the allocation is assigned.
 
B.  The following provisions govern special education funding.
 
(1) For each enrolled special education student, a public charter school must receive the average additional allocation calculated by the department under section 15681-A, subsection 2 for the public charter school's special education students. These allocations must be paid on the same basis as the per-pupil allocations for operating funds.
 
(2) The department shall pay directly to a public charter school any federal or state aid attributable to a student with a disability attending the public charter school in proportion to the level of services for the student with a disability that the public charter school provides directly or indirectly.
 
(3) The department shall pay to a public charter school any additional allocation assigned to the public charter school because of a high-cost in-district special education placement in accordance with section 15681-A, subsection 2, paragraph B in the year in which the allocation is assigned as an adjustment to the public charter school's state contribution.
 
(4) The department shall pay to a public charter school any additional allocation assigned to the school administrative unit because of a high-cost out-of-district special education placement in accordance with section 15681-A, subsection 2, paragraph C in the year in which the allocation is assigned.
 
C.  Except as otherwise provided in this chapter, the State shall send applicable federal funds directly to public charter schools attended by eligible students. Public charter schools with students eligible for funds under Title I of the federal Elementary and Secondary Education Act of 1965, 20 United States Code, Section 6301 et seq. must receive and use these funds in accordance with federal and state law. During the first year of operation, a public charter school must receive Title I funds on the basis of an estimated enrollment of eligible students, as determined by its authorizer.
 
D.  A public charter school may receive gifts and grants from private sources in any manner that is available to a school administrative unit.
 
E.  A public charter school may not levy taxes or issue bonds secured by tax revenues.
 
F.  Any money received by a public charter school from any source and remaining in the school's accounts at the end of any budget year remains in the school's accounts for use by the school during subsequent budget years and may not revert to the authorizer or to the State.
 
G.  Nothing in this chapter may be construed to prohibit any person or organization from providing funding or other assistance for the establishment or operation of a public charter school. The governing board of a public charter school may accept gifts, donations or grants of any kind made to the school and expend or use such gifts, donations or grants in accordance with the conditions prescribed by the donor except that a gift, donation or grant may not be accepted if subject to a condition that is contrary to any provision of law or term of the charter contract.
 
H.  A public charter school may receive payment for students residing in the unorganized territory pursuant to paragraph A based on the state average EPS per-pupil rate as defined in section 15672, subsection 7-A. A special education student residing in the unorganized territory must be treated the same as a resident student from a school administrative unit for special education costs pursuant to paragraph B. The responsibility for providing a free, appropriate public education for a special education student passes to the charter school in which the student enrolls. As with other resident school administrative units, the department shall pay for high-cost in-district students.
Sec. C-3.  20-A MRSA §15683-B  is enacted to read:
§ 15683-B. Public charter schools; calculation of total allocation and state contribution
Beginning with fiscal year 2015-16, this section applies to public charter schools authorized by the Maine Charter School Commission, established under Title 5, section 12004-G, subsection 10-D, in accordance with the funding provisions established in section 2413-A.
 
1.  Calculation of EPS per-pupil rates.     If there is only one school administrative unit sending students to a public charter school in a school year, the commissioner shall use that resident school administrative unit's EPS per-pupil rate. If there is more than one school administrative unit sending students to the public charter school, the commissioner shall calculate a public charter school's EPS per-pupil rate for each year as follows.
 
A.  When there are elementary students from outside of a single resident school administrative unit sending students to an elementary public charter school, the EPS per-pupil rate for elementary grades is calculated by multiplying the number of students from a resident school administrative unit attending the public charter school by that resident school administrative unit's elementary EPS per-pupil rate to find the total cost for elementary students enrolled in the public charter school in that resident school administrative unit, then adding the total cost for elementary students enrolled in the public charter school from each resident school administrative unit. The result is divided by the total number of elementary students in the public charter school.
 
B.  When there are secondary students from outside of a single resident school administrative unit sending students to a public charter school, the EPS per-pupil rate for secondary grades is calculated by multiplying the number of students from a resident school administrative unit attending the public charter school by that resident school administrative unit's secondary EPS per-pupil rate to find the total cost for secondary students enrolled in the public charter school in that resident school administrative unit, then adding the total cost for secondary students enrolled in the public charter school from each resident school administrative unit. The result is divided by the total number of secondary students in the public charter school.
 
2.  Pupil counts.     Notwithstanding section 15674, the commissioner shall determine a public charter school's student counts for each year as follows.
 
A.  The basic student count for a public charter school is the pupil count for October 1st of the most recent calendar year prior to the year of funding.
 
B.  The number of economically disadvantaged students for each public charter school is determined by multiplying the number of pupils by the most recent available elementary free or reduced-price meals percentage for that public charter school. The elementary free or reduced-price meals percentage may be applied to determine the number of economically disadvantaged students in the public charter school secondary grades. If the public charter school does not operate elementary grades, the most recent available secondary free or reduced-price meals percentage must be used in place of the elementary free or reduced-price meals percentage.
 
C.  The number of limited English proficiency students for each public charter school is the number of limited English proficiency students in the most recent October pupil count prior to the year of funding.
 
D.  The number of special education students for each public charter school is the number of special education students in the most recent October pupil count prior to the year of funding.
 
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.
 
4.  Other subsidizable costs allocation.     The commissioner shall determine a public charter school's other subsidizable costs allocation for each year as the sum of:
 
A.  The gifted and talented allocation pursuant to section 2413-A, subsection 2, paragraph A, subparagraph (4);
 
B.  The special education allocation pursuant to section 2413-A, subsection 2, paragraph B. The special education allocation may not be less than 90% of the public charter school base year expenditures for special education; and
 
C.  The transportation operating allocation, which is the statewide per-pupil essential programs and services transportation operating allocation multiplied by a percentage established by the Maine Charter School Commission for that public charter school based on the cost of transportation services provided by the public charter school to the student but not to exceed 100% multiplied by the pupil count in subsection 2, paragraph A.
 
A public charter school is not entitled to career and technical education funding. The school administrative unit in which the public charter school student resides must pay the cost of attendance for a student at a career and technical education program.
 
5.  Total allocation and state contribution.     The commissioner shall determine a public charter school's total allocation as the sum of the school's operating allocation under subsection 3 and other subsidizable costs allocation under subsection 4. That total allocation is the state contribution, except that up to 3% of this amount must be withheld in accordance with section 2405, subsection 5, paragraph B and transferred to the Maine Charter School Commission account.
 
6.  Payment of state contribution.     The commissioner shall authorize state subsidy payments to be made in accordance with the same schedule of payments for school administrative units pursuant to section 15689-B.
 
7.  MaineCare seed.     The commissioner may deduct from a public charter school's state subsidy and pay on behalf of the public charter school allowable school-based costs that represent the public charter school'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 based on documentation of payments made from MaineCare funds.
 
8.  Curtailment adjustment.     In any funding year, if general purpose aid for local school funding is curtailed, then the public charter school state contribution under this chapter must be curtailed by the proportional percentage that school administrative units have been curtailed.
 
9.  Phase-in procedures for new or newly expanded public charter schools.     For new or newly expanded public charter schools, the commissioner shall make a preliminary calculation of total allocation based on the following:
 
A.  Estimated student counts not to exceed the enrollment limit established by the Maine Charter School Commission;
 
B.  Estimated rates and weights based on statewide averages; and
 
C.  The preliminary calculation of total allocation, which must be replaced with actual student data once students have been enrolled for the new school year. The new or newly expanded public charter school must enroll new students no later than August 1st in a student information system maintained by the department.
Sec. C-4.  20-A MRSA §15689-B, sub-§2-A  is enacted to read:
 
2-A.  Notification of state contribution to public charter schools.     The commissioner shall annually, prior to February 1st, notify the governing board of each public charter school of the estimated amount of state contribution to be allocated to the public charter school pursuant to section 15683-B.
Sec. C-5. 20-A MRSA §15689-C, sub-§2, ¶A, as enacted by PL 2005, c. 2, Pt. D, §61 and affected by §§72 and 74 and c. 12, Pt. WW, §18, is amended to read:
 
A. The requested funding levels for the operating allocation under sectionsections 15683 and 15683-B;
Sec. C-6. 20-A MRSA §15689-D, as amended by PL 2013, c. 368, Pt. C, §18, is further amended to read:
§ 15689-D.Governor's recommendation for funding levels
 
1. Annual recommendations.   The Department of Administrative and Financial Services, Bureau of the Budget shall annually certify to the Legislature the funding levels that the Governor recommends under sections 15683, 15683-A, 15683-B, 15688-A, 15689 and 15689-A and the amount for any other components of the total cost of funding public education from kindergarten to grade 12 pursuant to this chapter. The Governor's recommendations must be transmitted to the Legislature within the time schedules set forth in Title 5, section 1666 and in the form and manner described in subsection 2. The commissioner may adjust, consistent with the Governor's recommendation for funding levels, per-pupil amounts not related to staffing pursuant to section 15680 and targeted funds pursuant to section 15681.
 
2. Funding level computations.   The Governor’s recommendations under subsection 1 must specify the amounts that are recommended for the total operating allocationallocations pursuant to section 15683 including the total allocation pursuant to section 15683-B, the total of other subsidizable costs pursuant to section 15681-A, the total debt service allocation pursuant to section 15683-A, the total costs of enhancing student performance and opportunity pursuant to section 15688-A, the total adjustments pursuant to section 15689, the total miscellaneous costs pursuant to section 15689-A, the amount for any other components of the total cost of funding public education from kindergarten to grade 12 and the total cost of funding public education from kindergarten to grade 12 pursuant to this chapter. The Governor’s recommendations regarding the adjustments and miscellaneous costs components also must delineate each amount that is recommended for each subsection and paragraph under sections 15689 and 15689-A and the purposes for each cost in these sections. For each amount shown in the Governor’s recommendations, the Governor’s recommendations must also show the amount for the same component or purpose that is included in the most recently approved state budget, the differences between the amounts in the most recently approved state budget and the Governor’s recommendations and the reasons for the changes.
Sec. C-7. 20-A MRSA §15689-E, sub-§1, ¶B, as amended by PL 2013, c. 368, Pt. C, §19, is further amended to read:
 
B. The state share of the total operating allocation and the total debt service allocation described in sections 15683 and, 15683-A and 15683-B;
PART D
Sec. D-1.  PL 2013, c. 368, Pt. JJ, §1  is amended to read:
Sec. JJ-1. Lease-purchase authorization; Maine learning technology initiative. Pursuant to the Maine Revised Statutes, Title 5, section 1587, the Department of Education may enter into financing arrangements in fiscal years 2013-14, 2014-15, and 2015-16 for the acquisition of portable computer devices for students and educators to support the operations of the Maine learning technology initiative. The financing agreements may not exceed 4 years in duration and $69,696,000$95,000,000 in principal costs for the Maine learning technology initiative. The interest rate may not exceed 8% and the total interest costs may not exceed $5,575,680$7,600,000. The annual principal and interest costs must be paid from the appropriate line category allocations in the Department of Education. The State is authorized to extend the provisions of the lease-purchase agreement on behalf of school administrative units as long as all costs of the extension are borne by the school administrative units.
PART E
Sec. E-1. Appropriations and allocations. The following appropriations and allocations are made.
 
ARTS COMMISSION, MAINE
 
Arts - Administration 0178
 
Initiative: Provides one-time funding to meet payroll obligations.

GENERAL FUND	2014-15	2015-16	2016-17	
Personal Services	$76,435	$0	$0	
				
GENERAL FUND TOTAL	$76,435	$0	$0	
 
PART F
Sec. F-1. Appropriations and allocations. The following appropriations and allocations are made.
 
MUSEUM, MAINE STATE
 
Maine State Museum 0180
 
Initiative: Reorganizes 2 Museum Specialist I positions to Museum Education Specialist II positions; one part-time Museum Technician I position to a part-time Museum Education Specialist I position; and 2 part-time Museum Technician I positions to one full-time Museum Education Specialist I position funded by the elimination of one part-time Museum Technician I position.

GENERAL FUND	2014-15	2015-16	2016-17	
POSITIONS - LEGISLATIVE COUNT	(0.500)	0.000	0.000	
				
GENERAL FUND TOTAL	$0	$0	$0	

Research and Collection - Museum 0174
 
Initiative: Reorganizes one Museum Specialist II position to a Museum Specialist III position and reallocates the funding from 100% General Fund in the Maine State Museum program to 95% General Fund in the Maine State Museum program and 5% Other Special Revenue Funds in the Research and Collection - Museum program.

OTHER SPECIAL REVENUE FUNDS	2014-15	2015-16	2016-17	
Personal Services	$3,688	$0	$0	
				
OTHER SPECIAL REVENUE FUNDS TOTAL	$3,688	$0	$0	

MUSEUM, MAINE STATE				
DEPARTMENT TOTALS	2014-15	2015-16	2016-17	
				
GENERAL FUND	$0	$0	$0	
OTHER SPECIAL REVENUE FUNDS	$3,688	$0	$0	
				
DEPARTMENT TOTAL - ALL FUNDS	$3,688	$0	$0	
 
Emergency clause.  In view of the emergency cited in the preamble, this legislation takes effect when approved.
 
SUMMARY
PART A
This Part adjusts appropriations and allocations from the General Fund and other funds for the expenditures of the Department of Education for the fiscal year ending June 30, 2015.
PART B
This Part further adjusts appropriations and allocations from the General Fund and other funds for the expenditures of the Department of Education for the fiscal year ending June 30, 2015.
PART C
This Part provides for the transfer of the payment for students who attend public charter schools authorized by the Maine Charter School Commission from the resident school administrative unit to the State. The cost of these public charter schools is included in the total cost of funding public education from kindergarten to grade 12 beginning in fiscal year 2015-16.
PART D
This Part revises the amount of financing agreements for portable computer systems for students and educators from up to $69,696,000 to up to $95,000,000 and the interest costs from up to $5,575,680 to up to $7,600,000. The amount has been revised to include those costs borne by the school administrative units.
PART E
This Part adjusts appropriations from the General Fund for the expenditures of the Maine Arts Commission for the fiscal year ending June 30, 2015.
PART F
This Part adjusts appropriations and allocations from the General Fund and other funds for the expenditures of the Maine State Museum for the fiscal year ending June 30, 2015.