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Amend the bill in section 1 in §7303 in subsection 1 in the last line (page 1, line 15 in L.D.) by inserting after the following: "child" the following: 'and only if the parent or legal guardian signs an agreement with the department pursuant to subsection 2'
Amend the bill in section 1 in §7303 by inserting after subsection 1 the following:
 
‘2.  Written agreement.    The department and the parent or legal guardian of a child for whom a savings account will be established must sign an agreement that the parent or legal guardian will not enroll the child in a public school or charter school, that the parent or legal guardian releases the school administrative unit from all obligations to educate the child and that the parent or legal guardian will use a portion of the education savings account funds allocated annually to provide an education for the child in a manner consistent with the system of learning results.’
Amend the bill in section 1 in §7303 by striking out all of subsection 2 (page 1, lines 16 to 28 in L.D.) and inserting the following:
 
‘2.  Renewal, rollover and closure.    The department may annually renew a savings account and deposit funds into the account in accordance with subsection 5 if, in accordance with rules adopted by the department, the parent or legal guardian demonstrates that the child continues to have and follow an individualized education program, has completed a national norm-referenced achievement test and has had a review and acceptance of the child's progress by an identified individual who holds a current teacher's certificate from the State. Unspent funds in a savings account that is renewed remain in the savings account and may be used in accordance with subsection 5, except that no more than 75% of the funds deposited in any year may be carried forward. Any unspent amount that is in excess of 75% of the funds deposited in that year must be transferred at the end of the fiscal year to the State Controller for handling in accordance with subsection 6. If the requirements of this subsection are not met, the department shall close the savings account and transfer all funds in the savings account to the State Controller, who shall handle the funds as provided in subsection 6.’
Amend the bill in section 1 in §7303 in subsection 3 in the last line (page 1, line 37 in L.D.) by striking out the following: "subsection 5" and inserting the following: 'subsection 6'
Amend the bill in section 1 in §7303 in subsection 4 in paragraph D in the 12th line (page 3, line 3 in L.D.) by striking out the following: "subsection 5" and inserting the following: 'subsection 6'
Amend the bill in section 1 in §7303 in subsection 4 in paragraph D in the 16th line (page 3, line 7 in L.D.) by striking out the following: "subsection 5" and inserting the following: 'subsection 6'
Amend the bill in section 1 in §7303 in subsection 5 in the 6th line (page 3, line 16 in L.D.) by striking out the following: "subsection 4" and inserting the following: 'subsection 5'
Amend the bill in section 1 in §7303 by renumbering the subsections to read consecutively.
Amend the bill in section 2 in subsection 14 in the last line (page 3, line 29 in L.D.) by striking out the following: "subsection 3" and inserting the following: 'subsection 5'
Amend the bill by adding after section 2 the following:
‘Sec. 3. Appropriations and allocations. The following appropriations and allocations are made.
 
ADMINISTRATIVE AND FINANCIAL SERVICES, DEPARTMENT OF
 
State Controller - Office of the 0056
 
Initiative: Provides one Senior Staff Accountant position to establish and maintain the education savings accounts for students with special needs.

GENERAL FUND	2017-18	2018-19	
POSITIONS - LEGISLATIVE COUNT	1.000	1.000	
Personal Services	$59,215	$83,102	
All Other	$7,900	$7,900	
			
GENERAL FUND TOTAL	$67,115	$91,002	

ADMINISTRATIVE AND FINANCIAL SERVICES, DEPARTMENT OF			
DEPARTMENT TOTALS	2017-18	2018-19	
			
GENERAL FUND	$67,115	$91,002	
			
DEPARTMENT TOTAL - ALL FUNDS	$67,115	$91,002	

EDUCATION, DEPARTMENT OF
 
General Purpose Aid for Local Schools 0308
 
Initiative: Provides one-time funds for programming costs associated with establishing and administering a program that provides education savings accounts to children with disabilities.

GENERAL FUND	2017-18	2018-19	
All Other	$51,686	$0	
			
GENERAL FUND TOTAL	$51,686	$0	

General Purpose Aid for Local Schools 0308
 
Initiative: Provides funds for one Public Service Coordinator I position and related All Other costs to establish and administer a program that provides education savings accounts for children with disabilities.

GENERAL FUND	2017-18	2018-19	
POSITIONS - LEGISLATIVE COUNT	1.000	1.000	
Personal Services	$67,274	$94,348	
All Other	$6,381	$6,381	
			
GENERAL FUND TOTAL	$73,655	$100,729	

EDUCATION, DEPARTMENT OF			
DEPARTMENT TOTALS	2017-18	2018-19	
			
GENERAL FUND	$125,341	$100,729	
			
DEPARTMENT TOTAL - ALL FUNDS	$125,341	$100,729	

SECTION TOTALS	2017-18	2018-19	
			
GENERAL FUND	$192,456	$191,731	
			
SECTION TOTAL - ALL FUNDS	$192,456	$191,731	
 
’
 
SUMMARY
This amendment is the minority report and provides that a written agreement between a parent or legal guardian and the Department of Education is required to establish an education savings account for a child with disabilities. The agreement must state that the parent or legal guardian will not enroll the child in a public school or charter school, that the parent or legal guardian releases the school administrative unit from all obligations to educate the child and that the parent or legal guardian will use a portion of the education savings account funds allocated annually to provide an education for the child in a manner consistent with the system of learning results. It also adds to the renewal requirements that the child must have a review and acceptance of the child's progress by an identified individual with a current Maine teacher's certificate. The amendment also adds an appropriations and allocations section.
FISCAL NOTE REQUIRED
(See attached)