20-A §15689. Adjustments to state share of total allocation - Maine Statutes

Title 20-A: EDUCATION

Part 7: SCHOOL FINANCE

Chapter 606-B: ESSENTIAL PROGRAMS AND SERVICES HEADING: PL 2001, C. 660, §1 (NEW)

§15689. Adjustments to state share of total allocation

Beginning July 1, 2005, adjustments to the state share of the total allocation must be made as set out in this section. [2003, c. 712, §17 (NEW).]

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).

The 5% factor in subparagraphs (1) and (2) must be replaced by: 4% for the 2009-10 funding year including funds provided under Title XIV of the State Fiscal Stabilization Fund of the American Recovery and Reinvestment Act of 2009; 3% for the 2010-11 funding year including funds provided under Title XIV of the State Fiscal Stabilization Fund of the American Recovery and Reinvestment Act of 2009; and 3% for the 2011-12 funding year and subsequent years; and [2009, c. 571, Pt. E, §21 (AMD).]

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, 84%;

(4) In fiscal year 2008-09, 45%;

(5) In fiscal year 2009-10, 40% including funds provided under Title XIV of the State Fiscal Stabilization Fund of the American Recovery and Reinvestment Act of 2009;

(6) In fiscal year 2010-11, 35% including funds provided under Title XIV of the State Fiscal Stabilization Fund of the American Recovery and Reinvestment Act of 2009; and

(7) In fiscal year 2011-12 and succeeding years, 30%. [2009, c. 571, Pt. E, §22 (RPR).]

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.

[ 2009, c. 571, Pt. E, §§21, 22 (AMD) .]

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 and a member municipality's local contribution pursuant to section 15688 is 5% greater than that municipality's local share would have been under its existing local cost-sharing formula. 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 applied and the results must be multiplied by the percentage of calendar year resident pupils in the member municipality. A school administrative district or community school district that meets the eligibility criteria in this subsection must have its local contribution adjusted as follows.

A. The municipality's local contribution as determined pursuant to section 15688 must be reduced by an amount equal to the municipality's minimum special education allocation as determined in this subsection. [2007, c. 240, Pt. D, §3 (NEW).]

[ 2007, c. 240, Pt. D, §3 (AMD) .]

1-B. Adjustments to state contributions to member municipalities in regional school units or alternative organizational structure. The minimum state allocation provisions of subsection 1, paragraph B are applicable for each case in which the school administrative units in existence prior to the operational date of the new regional school unit or alternative organizational structure received an adjustment under subsection 1, paragraph B for fiscal year 2007-08 or fiscal year 2008-09. For each regional school unit or alternative organizational structure eligible under this subsection, the minimum state allocation provisions of subsection 1, paragraph B are applicable for each member municipality that was a member of the eligible school administrative units in existence prior to the operational date of the new regional school unit or alternative organizational structure.

[ 2007, c. 668, §38 (NEW) .]

2. Adjustment for debt service. Each school administrative unit may receive an adjustment for a debt service determined as follows.

A. A school administrative unit is eligible for this adjustment under the following conditions.

(1) The school administrative unit's local share results in a full-value education mill rate less than the local cost share expectation as described in section 15671‐A through the 2009-10 fiscal year. Beginning in fiscal year 2010-11 and in subsequent fiscal years, the school administrative unit's debt service allocation must include principal and interest payments as defined in section 15672, subsection 2‐A, paragraph A.

(2) The school administrative unit has debt service costs defined under section 15672, subsection 2‐A that have been placed on the state board's priority list by January 2005.

(3) Beginning in fiscal year 2010-11 and in subsequent years, the school administrative unit's total debt service costs less the local share amount in paragraph B, subparagraph (2), division (b) is greater than the current state share of the total allocation. [2009, c. 571, Pt. E, §23 (AMD).]

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.

(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. [2005, c. 519, Pt. AAAA, §15 (AMD).]

[ 2009, c. 571, Pt. E, §23 (AMD) .]

3. Adjustment limitations. The amounts of the adjustments paid to school administrative units or municipalities pursuant to this section are limited to the amounts appropriated by the Legislature for these adjustments.

[ 2005, c. 2, Pt. D, §§72, 74 (AFF); 2005, c. 2, Pt. D, §59 (AMD); 2005, c. 12, Pt. WW, §18 (AFF) .]

4. Audit adjustments. The following provisions apply to audit adjustments.

A. If errors are revealed by audit and by the commissioner, the school administrative unit's state subsidy must be adjusted to include corrections. [2005, c. 2, Pt. D, §§72, 74 (AFF); 2005, c. 2, Pt. D, §60 (NEW); 2005, c. 12, Pt. WW, §18 (AFF).]

B. If audit adjustments are discovered after the funding level is certified by the commissioner and the state board on December 15th pursuant to section 15689-C, the department may request the necessary additional funds, if any, to pay for these adjustments. These amounts, if any, are in addition to the audit adjustment amount certified by the commissioner and state board on the prior December 15th. [2005, c. 2, Pt. D, §§72, 74 (AFF); 2005, c. 2, Pt. D, §60 (NEW); 2005, c. 12, Pt. WW, §18 (AFF).]

[ 2005, c. 2, Pt. D, §§72, 74 (AFF); 2005, c. 2, Pt. D, §60 (NEW); 2005, c. 12, Pt. WW, §18 (AFF) .]

5. Adjustment for cost of educating eligible students in long-term drug treatment centers. A school administrative unit that operates an educational program approved pursuant to chapter 327 to serve eligible students in licensed drug treatment centers must be reimbursed in the year in which costs are incurred as follows.

A. Reimbursements must be limited to the state average tuition rate for the number of students in the approved program plan. [2009, c. 213, Pt. AAA, §2 (AMD).]

B. The rate of reimbursement per student may not exceed the state average tuition rates in effect during the year of placement as computed under sections 5804 and 5805. The tuition rates must be computed based on the state average secondary tuition rate and may be adjusted if the program is approved to operate beyond the 180-day school year. [2005, c. 2, Pt. D, §§72, 74 (AFF); 2005, c. 2, Pt. D, §60 (NEW); 2005, c. 12, Pt. WW, §18 (AFF).]

[ 2009, c. 213, Pt. AAA, §2 (AMD) .]

6. Adjustment for uncertified personnel. The commissioner shall reduce the state share of the total allocation to a school administrative unit in the current year or following year by an amount that represents the state share of expenditures for salaries and benefits paid to uncertified personnel.

[ 2005, c. 2, Pt. D, §§72, 74 (AFF); 2005, c. 2, Pt. D, §60 (NEW); 2005, c. 12, Pt. WW, §18 (AFF) .]

7. Adjustment for minimum teacher salary. Beginning in fiscal year 2008-09 and in each subsequent fiscal year, the commissioner shall increase the state share of the total allocation to a qualifying school administrative unit in the current year by an amount that represents the amount from the state General Fund necessary to achieve the minimum starting salary for certified teachers established in section 13406.

A. As used in this subsection, unless the context otherwise indicates, the following terms have the following meanings.

(1) "Qualifying school administrative unit" means a school administrative unit or a career and technical education region that the commissioner has determined has a locally established salary schedule with a minimum teacher salary of less than $30,000 in school year 2008-2009. [2007, c. 240, Pt. D, §4 (AMD).]

B. The commissioner shall allocate the funds appropriated by the Legislature in fiscal year 2008-09 and each subsequent fiscal year in accordance with the following conditions.

(1) The amount of the minimum salary adjustments provided to qualifying school administrative units must generally reflect the costs that are necessary to achieve the minimum teacher salary requirements set forth in this section.

(2) The number of teachers used in computing minimum salary adjustments in a qualifying school administrative unit for fiscal year 2008-09 must be based on the local staff information data supplied to the department on or before October 1, 2008, and the number of teachers used in computing minimum salary adjustments in a qualifying school administrative unit for each subsequent fiscal year must be based on the local staff information data supplied to the department on or before each subsequent October 1st for the teachers who were first eligible to receive the minimum salary adjustment in the qualifying school administrative unit for the 2008-2009 school year.

(3) The department shall collect the necessary data to allow the adjustments as supplemental monthly payments in fiscal year 2008-09 and any subsequent fiscal year for the salary adjustments to be paid on or before February 1, 2009 and any subsequent February 1st.

(4) The minimum salary adjustments made under this subsection must be issued to the qualifying school administrative units as an adjustment to the state school subsidy for distribution to the teachers. Minimum salary adjustments for teachers must be included in the qualifying school administrative unit's monthly subsidy checks. [2005, c. 635, §9 (NEW).]

C. The amounts required to meet the employer's share of teacher retirement costs attributable to payments in fiscal year 2008-09 and each subsequent fiscal year must be allocated to the Maine Public Employees Retirement System in the appropriate year. [2005, c. 635, §9 (NEW); 2007, c. 58, §3 (REV).]

D. A school administrative unit may expend any funds received through the adjustment under this section without calling for a special meeting of the local legislative body. [2007, c. 240, Pt. D, §5 (AMD).]

[ 2007, c. 58, §3 (REV); 2007, c. 240, Pt. D, §§4, 5 (AMD) .]

8. Payments for minimum salary adjustments. Qualifying school administrative units shall use the payments provided under this section to provide minimum salary adjustments for teachers in accordance with subsection 7 and section 13406.

[ 2005, c. 635, §9 (NEW) .]

9. Regionalization, consolidation and efficiency assistance adjustment. The commissioner may expend and disburse funds limited to the amount appropriated by the Legislature to carry out the purposes of promoting regionalization, consolidation and efficiency. These funds must be an adjustment to the qualifying school administrative unit's state allocation.

[ 2007, c. 240, Pt. D, §6 (NEW) .]

10. Innovative school construction project adjustment. For any fiscal year, if the appropriation for the state share of debt service exceeds the annual payments, the commissioner may expend and disburse the balance of funds to carry out the purposes of innovative school construction.

[ 2009, c. 213, Pt. C, §9 (NEW) .]

SECTION HISTORY

2003, c. 712, §17 (NEW). 2005, c. 2, §§D58-60 (AMD). 2005, c. 2, §§D72,74 (AFF). 2005, c. 12, §WW18 (AFF). 2005, c. 457, §I1 (AMD). 2005, c. 519, §§AAAA13-15 (AMD). 2005, c. 635, §9 (AMD). 2005, c. 683, §H2 (AMD). 2007, c. 58, §3 (REV). 2007, c. 240, Pt. C, §3 (AMD). 2007, c. 240, Pt. D, §§3-6 (AMD). 2007, c. 466, Pt. B, §16 (AMD). 2007, c. 539, Pt. C, §10 (AMD). 2007, c. 668, §38 (AMD). 2009, c. 1, Pt. C, §2 (AMD). 2009, c. 213, Pt. AAA, §2 (AMD). 2009, c. 213, Pt. C, §§8, 9 (AMD). 2009, c. 571, Pt. E, §§21-23 (AMD).