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An Act To Establish the Total Cost of Education and the State and Local Contributions to Education for Fiscal Year 2018-19 and To Provide That Employees of School Management and Leadership Centers Are Eligible To Participate in the Maine Public Employees Retirement System
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 5 MRSA §17001, sub-§42, as amended by PL 2007, c. 491, §§66 and 67, is further amended to read:
 
42. Teacher.   "Teacher" means:
 
A. Any employee of a public school or a school management and leadership center established pursuant to Title 20-A, chapter 123 who fills any position that the Department of Education requires be filled by a person who holds the appropriate certification or license required for that position and:
 
(1) Holds appropriate certification from the Department of Education, including an employee whose duties include, in addition to those for which certification is required, either the setup, maintenance or upgrading of a school computer system the use of which is to assist in the introduction of new learning to students or providing school faculty orientation and training related to use of the computer system for educational purposes; or
 
(2) Holds an appropriate license issued to a professional employee by a licensing agency of the State;
 
B. Any employee of a public school or a school management and leadership center established pursuant to Title 20-A, chapter 123 who fills any position not included in paragraph A, the principal function of which is to introduce new learning to students, except that a coach who is employed by a public school and who is not otherwise covered by the definition of teacher as defined in this subsection or an employee who is employed in adult education as defined in Title 20-A, section 8601-A, subsection 1 and who is not otherwise covered by the definition of teacher defined in this subsection may not be considered a teacher for purposes of this Part;
 
C. Any employee of a public school on June 30, 1989, in a position not included in paragraph A or B which was included in the definition of teacher in effect on June 30, 1989, as long as:
 
(1) The employee does not terminate employment; or
 
(2) The employee terminates employment and returns to employment in a position in the same classification within 2 years of the date of termination.
 
Regardless of any subsequent employment history, any employee of a public school in a position which was included in the definition of teacher in effect on June 30, 1989, is entitled to creditable service as a teacher for all service in that position on or before that date;
 
D. Any employee of a public school or a school management and leadership center established pursuant to Title 20-A, chapter 123 in a position not included in paragraph A, B or C who was a member of the State Employee and Teacher Retirement Program of the retirement system as a teacher on August 1, 1988, as long as:
 
(1) The employee does not terminate employment; or
 
(2) The employee terminates employment and returns to employment in a position in the same classification within 2 years of the date of termination;
 
E. Any former employee of a public school or a school management and leadership center established pursuant to Title 20-A, chapter 123 in a position not included in paragraph A, B or C who was a member of the State Employee and Teacher Retirement Program of the retirement system as a teacher before August 1, 1988, as long as the former employee returns to employment in a position in the same classification before July 1, 1991; or
 
F. For service before July 1, 1989, any employee of a public school in a position which was included in the definition of teacher before July 1, 1989.
 
"Teacher" includes a person who is on a one-year leave of absence from a position as a teacher and is participating in the education of prospective teachers by teaching and supervising students enrolled in college-level teacher preparation programs in this State.
 
"Teacher" also includes a person who is on a leave of absence from a position as a teacher and is duly elected as President of the Maine Education Association.
 
"Teacher" also includes a person who, subsequent to July 1, 1981, has served as president of a recognized or certified bargaining agent representing teachers for which released time from teaching duties for performance of the functions of president has been negotiated in a collective bargaining agreement between the collective bargaining agent and the teacher's school administrative unit and for whom contributions related to the portion of the person's salary attributable to the released time have been paid as part of the regular payroll of the school administrative unit.
Sec. 2. 20-A MRSA §15671-A, sub-§2, ¶B, as amended by PL 2017, c. 284, Pt. C, §23, 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, the full-value education mill rate is the amount necessary to result in a 50.86% statewide total local share in fiscal year 2017-18.
 
(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%50.50% statewide total local share in fiscal year 2018-19 and after.
 
(12) For the 2019 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 2019-20 and after.
Sec. 3. Mill expectation. The mill expectation pursuant to the Maine Revised Statutes, Title 20-A, section 15671-A for fiscal year 2018-19 is 8.51.
Sec. 4. 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 2018-19 is as follows:

					2018-19	
					TOTAL	
Total Operating Allocation	
						
	Total operating allocation pursuant to the Maine Revised Statutes, Title 20-A, section 15683			$1,464,839,305	
						
	Total adjustments to state subsidy pursuant to Title 20-A, section 15689 included in subsidizable costs and total other subsidizable costs pursuant to Title 20-A, section 15681-A			$509,865,569	
						
Total Operating Allocation and Subsidizable Costs	
						
	Total operating allocation pursuant to Title 20-A, section 15683 and total other subsidizable costs pursuant to Title 20-A, section 15681-A			$1,974,704,874	
						
Total Debt Service Allocation				
						
	Total debt service allocation pursuant to Title 20-A, section 15683-A			$96,696,235	
						
Total Adjustments and Targeted Education Funds				
						
		Adjustments pursuant to Title 20-A, section 15689			$250,000	
						
		Educating students in long-term drug treatment center adjustments pursuant to Title 20-A, section 15689, subsection 5			$391,378	
						
		Regionalization, consolidation and efficiency assistance adjustments pursuant to Title 20-A, section 15689, subsection 9			$4,083,539	
						
		Bus refurbishing program adjustments pursuant to Title 20-A, section 15689, subsection 13			$180,123	
						
		Maine Care seed payments adjustments pursuant to Title 20-A, section 15689, subsection 14			$642,466	
						
		Special education budgetary hardship adjustment pursuant to Title 20-A, section 15689, subsection 15			$1,000,000	
						
	Total adjustments to the state share of total allocation pursuant to Title 20-A, section 15689			$6,547,506	
						
		Special education costs for state agency clients and state wards pursuant to Title 20-A, section 15689-A, subsection 1			$29,737,998	
						
		Essential programs and services components contract pursuant to Title 20-A, section 15689-A, subsection 3			$300,000	
						
		Education research institute contract pursuant to Title 20-A, section 15689-A, subsection 6			$250,000	
						
		Learning through technology program pursuant to Title 20-A, section 15689-A, subsection 12-A			$14,114,965	
						
		Emergency bus loan pursuant to Title 20-A, section 15689-A, subsection 9			$0	
						
		Data management and support services for essential programs and services pursuant to Title 20-A, section 15689-A, subsection 10			$4,926,754	
						
		Postsecondary course payments pursuant to Title 20-A, section 15689-A, subsection 11			$3,000,000	
						
		National board certification salary supplement pursuant to Title 20-A, section 15689-A, subsection 12			$307,551	
						
		Jobs for Maine's Graduates including college pursuant to Title 20-A, section 15689-A, subsection 13			$3,545,379	
						
		Maine School of Science and Mathematics pursuant to Title 20-A, section 15689-A, subsection 14			$3,615,347	
						
		Maine Educational Center for the Deaf and Hard of Hearing pursuant to Title 20-A, section 15689-A, subsection 15			$7,769,215	
						
		Transportation administration pursuant to Title 20-A, section 15689-A, subsection 16			$389,890	
						
		Special education for juvenile offenders pursuant to Title 20-A, section 15689-A, subsection 17			$382,418	
						
		Center of Excellence for At-risk Students pursuant to Title 20-A, section 15689-A, subsection 20			$152,000	
						
		Fund for the Efficient Delivery of Educational Services pursuant to Title 20-A, section 15689-A, subsection 21			$0	
						
		Comprehensive early college programs funding (bridge year program) pursuant to Title 20-A, section 15689-A, subsection 23			$1,000,000	
						
		Community school pilots (3 pilot projects for 5 years) pursuant to Title 20-A, section 15689-A, subsection 25			$50,000	
						
		Maine School for Marine Science, Technology, Transportation and Engineering pursuant to Title 20-A, section 15689-A, subsection 26			$320,414	
						
	Total targeted education funds pursuant to Title 20-A, section 15689-A			$69,861,931	
						
Enhancing student performance and opportunity				
						
		Career and technical education costs pursuant to Title 20-A, section 15688-A, subsection 1			$51,500,000	
						
		Career and technical education middle school pursuant to Title 20-A, chapter 313			$5,000,000	
						
		College transitions programs through adult education college readiness programs pursuant to Title 20-A, section 15688-A, subsection 2			$450,000	
						
		School improvement and support pursuant to Title 20-A, section 15688-A, subsection 5			$0	
						
		National industry standards for career and technical education pursuant to Title 20-A, section 15688-A, subsection 6			$2,000,000	
						
		New or expanded public preschool pursuant to Title 20-A, section 15688-A, subsection 4			$0	
						
	Total enhancing student performance and opportunity pursuant to Title 20-A, chapter 313 and section 15688-A			$58,950,000	
						
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 pursuant to Title 20-A, chapter 606-B, not including normal retirement costs			$2,206,760,546	
						
		Total normal cost of teacher retirement			$46,519,107	
						
		Total cost of funding public education from kindergarten to grade 12 for fiscal year pursuant to Title 20-A, chapter 606-B, including normal retirement costs			$2,253,279,653	
						
		Total cost of state contribution to unfunded actuarial liabilities of the Maine Public Employees Retirement System that are attributable to teachers, retired teacher health insurance and retired teacher life insurance for fiscal year 2018-19 pursuant to Title 5, chapters 421 and 423, excluding the normal cost of teacher retirement			$181,527,833	
						
		Total cost of funding public education from kindergarten to grade 12, plus state contributions to the unfunded actuarial liabilities of the Maine Public Employees Retirement System that are attributable to teachers, retired teacher health insurance and retired teacher life insurance for fiscal year 2018-19 pursuant to Title 5, chapters 421 and 423			$2,434,807,486	
 
Sec. 5. 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, 2018 and ending June 30, 2019 is calculated as follows:

		2018-19	2018-19	
		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	$1,137,901,570	$1,115,378,083	
				
	State contribution to the total cost of teacher retirement, teacher retirement health insurance and teacher retirement life insurance for fiscal year 2018-19 pursuant to Title 5, chapters 421 and 423		$181,527,833	
				
	State contribution to the total cost of funding public education from kindergarten to grade 12		$1,296,905,916	
 
Sec. 6. Authorization of payments. If the State's continued obligation for any individual component contained in those sections of this Act 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 Act may not lapse but must be carried forward for the same purpose.
Sec. 7. Limit of State's obligation. Those sections of this Act 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, 2018 and ending June 30, 2019.
 
SUMMARY
This bill establishes the total cost of funding public education from kindergarten to grade 12, the state contribution and the local contribution for fiscal year 2018-19. This bill also provides that employees of school management and leadership centers established under the Maine Revised Statutes, Title 20-A, chapter 123 are eligible to participate in the Maine Public Employees Retirement System.