Maine Revised Statutes Title 20-A Sec. 15672 – Definitions
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As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2003, c. 504, Pt. A, §6 (NEW).]
1. Allocation year. “Allocation year” means the year that subsidy is distributed to school administrative units.
[PL 2003, c. 504, Pt. A, §6 (NEW).]
Terms Used In Maine Revised Statutes Title 20-A Sec. 15672
- Allocation year: means the year that subsidy is distributed to school administrative units. See Maine Revised Statutes Title 20-A Sec. 15672
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Base year: means the 2nd year prior to the allocation year. See Maine Revised Statutes Title 20-A Sec. 15672
- Bus purchase costs: includes expenditures for bus purchase payments approved by the commissioner and made during the year prior to the allocation year. See Maine Revised Statutes Title 20-A Sec. 15672
- Clerical staff: means full-time equivalent public school secretaries, as documented in the department's database. See Maine Revised Statutes Title 20-A Sec. 15672
- Commissioner: means the Commissioner of Education or the commissioner's designee. See Maine Revised Statutes Title 20-A Sec. 1
- Department: means the Department of Education. See Maine Revised Statutes Title 20-A Sec. 1
- Economically disadvantaged students: means students who are included in the department's count of students who are eligible for free or reduced-price meals or free milk or both. See Maine Revised Statutes Title 20-A Sec. 15672
- Education technician: means a full-time equivalent public teacher aide or education technician I, associate teacher or education technician II or assistant teacher or education technician III but not a special education technician I, II or III, as documented in the department's database. See Maine Revised Statutes Title 20-A Sec. 15672
- Elementary free or reduced-price meals percentage: means the percentage, as determined by the commissioner, that reflects either:
A. See Maine Revised Statutes Title 20-A Sec. 15672Elementary grades: means public preschool programs to grade 8. See Maine Revised Statutes Title 20-A Sec. 15672 Elementary school: means that portion of a school that provides instruction in any combination of kindergarten through grade 8. See Maine Revised Statutes Title 20-A Sec. 1 Elementary school level: means the grades from public preschool programs to grade 5. See Maine Revised Statutes Title 20-A Sec. 15672 English learner: means a student who has a primary or home language other than English, as determined by a language use survey developed by the department; who is not yet proficient in English, as determined by a state-approved English language proficiency assessment; and who satisfies the definition of an English learner under the federal Elementary and Secondary Education Act of 1965, as amended, 20 United States Code, Chapter 70. See Maine Revised Statutes Title 20-A Sec. 15672 EPS per-pupil rate: means the rate calculated under section 15676 or 15676?A, as applicable. See Maine Revised Statutes Title 20-A Sec. 15672 Essential programs and services: means those educational resources that are identified in this chapter that enable all students to meet the standards in the 8 content standard subject areas and goals of the system of learning results established in chapter 222. See Maine Revised Statutes Title 20-A Sec. 15672 Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006. Gifted and talented costs: means the cost of programs for gifted and talented students that have been approved by the commissioner. See Maine Revised Statutes Title 20-A Sec. 15672 Guidance staff: means full-time equivalent public guidance counselors, directors of guidance or school social workers, as documented in the department's database. See Maine Revised Statutes Title 20-A Sec. 15672 Health staff: means full-time equivalent public school nurses, as documented in the department's database. See Maine Revised Statutes Title 20-A Sec. 15672 High school level: means grade 9 to grade 12. See Maine Revised Statutes Title 20-A Sec. 15672 Institutional resident: means a person between 5 years of age and 20 years of age who is attending a public school of the school administrative unit and who is committed or otherwise legally admitted to and residing at a state-operated institution. See Maine Revised Statutes Title 20-A Sec. 15672 Kindergarten: means kindergarten or a prekindergarten early education program for students who are at least 4 years of age on October 15th of the school year. See Maine Revised Statutes Title 20-A Sec. 15672 Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC Librarian: means a full-time equivalent public librarian or media specialist, as documented in the department's database. See Maine Revised Statutes Title 20-A Sec. 15672 Major capital costs: means costs relating to school construction projects, as defined in section 15901. See Maine Revised Statutes Title 20-A Sec. 15672 Media assistant: means a full-time equivalent public librarian aide or library technician I, librarian assistant or library technician II or librarian associate or library technician III, as documented in the department's database. See Maine Revised Statutes Title 20-A Sec. 15672 Middle school level: means grade 6 to grade 8. See Maine Revised Statutes Title 20-A Sec. 15672 Minor capital costs: means costs relating to plant maintenance, minor remodeling, site development or the purchase of land not in conjunction with a construction project. See Maine Revised Statutes Title 20-A Sec. 15672 Municipality: means a city, town or organized plantation. See Maine Revised Statutes Title 20-A Sec. 15672 Other subsidizable costs: means those costs identified in section 15681?A. See Maine Revised Statutes Title 20-A Sec. 15672 Predicted per-pupil transportation costs: means the greater of:
A. See Maine Revised Statutes Title 20-A Sec. 15672Principal: means the person who supervises the operation and management of a school and school property as determined necessary by the superintendent under policies established by the school board. See Maine Revised Statutes Title 20-A Sec. 1 Private school: means an academy, seminary, institute or other private corporation or body formed for educational purposes covering kindergarten through grade 12 or any portion thereof. See Maine Revised Statutes Title 20-A Sec. 1 Property fiscal capacity: means the average of the certified state valuations for the 3 most recent years prior to the most recently certified state valuation or the certified state valuation for the most recent prior year, whichever is lower. See Maine Revised Statutes Title 20-A Sec. 15672 Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide. Public school: means a school that is governed by a school board of a school administrative unit and funded primarily with public funds. See Maine Revised Statutes Title 20-A Sec. 1 Pupil: means elementary or secondary school student. See Maine Revised Statutes Title 20-A Sec. 15001 School administrative staff: means full-time equivalent public school principals and assistant principals, as documented in the department's database. See Maine Revised Statutes Title 20-A Sec. 15672 School administrative unit: means a school administrative unit as defined by section 1, subsection 26, paragraphs A to G. See Maine Revised Statutes Title 20-A Sec. 15672 School level: means elementary level, middle school level and high school level. See Maine Revised Statutes Title 20-A Sec. 15672 School level teaching staff: means full-time equivalent public classroom teachers, itinerant classroom teachers and special teachers of reading or literacy specialists excluding special education teachers and career and technical education teachers, as documented in the department's database. See Maine Revised Statutes Title 20-A Sec. 15672 Secondary grades: means grade 9 to grade 12. See Maine Revised Statutes Title 20-A Sec. 15672 special education tuition and board: means :
(1) Tuition and board for pupils placed directly by the State in accordance with rules adopted or amended by the commissioner; and
(2) Special education tuition and other tuition for institutional residents of state-operated institutions attending programs in school administrative units or private schools in accordance with rules adopted or amended by the commissioner. See Maine Revised Statutes Title 20-A Sec. 15672State share percentage: means the percentage of the state contribution determined under section 15688, subsection 3?A, paragraph D divided by the total cost determined in section 15688, subsection 1. See Maine Revised Statutes Title 20-A Sec. 15672 State subsidy: means the total of the state contribution determined under section 15688, subsection 3?A, paragraph D and any applicable adjustment under section 15689. See Maine Revised Statutes Title 20-A Sec. 15672 State valuation: means the value certified to the Secretary of State as provided in Title 36, section 305, subsection 1. See Maine Revised Statutes Title 20-A Sec. 1 State-operated institution: means any residential facility or institution that is operated by the Department of Health and Human Services or a school operated by the Department of Education. See Maine Revised Statutes Title 20-A Sec. 15672 Subsidizable costs: includes the costs described in paragraphs A to C and used to calculate the total allocation amount:
A. See Maine Revised Statutes Title 20-A Sec. 15672Subsidizable pupils: means all school level pupils who reside in a school administrative unit and who are educated at public expense at a public school or at a private school approved for tuition purposes. See Maine Revised Statutes Title 20-A Sec. 15672 Total allocation: means the total of the operating allocation as described in section 15683 and the debt service allocation as described in section 15683?A. See Maine Revised Statutes Title 20-A Sec. 15672 Total cost of the components of essential programs and services: means the total of the following components:
A. See Maine Revised Statutes Title 20-A Sec. 15672Town: includes cities and plantations, unless otherwise expressed or implied. See Maine Revised Statutes Title 1 Sec. 72 Transportation operating costs: means all costs incurred in the transportation of pupils in kindergarten to grade 12, including lease costs for bus garage and maintenance facilities and lease-purchase costs that the school administrative unit may apply to the purchase of bus garage and maintenance facilities, when the leases and lease-purchase agreements have been approved by the commissioner, but excluding the costs of bus purchases and excluding all costs not associated with transporting students from home to school and back home each day. See Maine Revised Statutes Title 20-A Sec. 15672 United States: includes territories and the District of Columbia. See Maine Revised Statutes Title 1 Sec. 72 Year: means a fiscal year starting July 1st and ending June 30th of the succeeding year. See Maine Revised Statutes Title 20-A Sec. 15672 Year of funding: means the fiscal year during which state subsidies are disbursed to school administrative units, except as specified in section 15005, subsection 1. See Maine Revised Statutes Title 20-A Sec. 15672
1-A. Adjusted total cost of components of essential programs and services.
[PL 2021, c. 571, §21 (RP).]
1-B. Base year. “Base year” means the 2nd year prior to the allocation year.
[PL 2005, c. 2, Pt. D, §36 (NEW); PL 2005, c. 2, Pt. D, §§72, 74 (AFF); PL 2005, c. 12, Pt. WW, §18 (AFF).]
1-C. Bus purchase costs. “Bus purchase costs” includes expenditures for bus purchase payments approved by the commissioner and made during the year prior to the allocation year.
[PL 2021, c. 571, §22 (AMD).]
1-D. Career and technical education costs.
[PL 2021, c. 571, §23 (RP).]
2. Clerical staff. “Clerical staff” means full-time equivalent public school secretaries, as documented in the department’s database.
[PL 2005, c. 2, Pt. D, §36 (AMD); PL 2005, c. 2, Pt. D, §§72, 74 (AFF); PL 2005, c. 12, Pt. WW, §18 (AFF).]
2-A. Debt service costs. “Debt service costs,” for subsidy purposes, includes:
A. Principal and interest costs for approved major capital projects in the allocation year, excluding payments made with funds from state and local government accounts established under the federal Internal Revenue Code and regulations for disposition of excess, unneeded proceeds of bonds issued for a school project and excluding any principal and interest costs attributable to a school closed for lack of need pursuant to chapter 202; [PL 2013, c. 167, Pt. B, §1 (AMD).]
B. Lease costs for school buildings when the leases, including leases under which the school administrative unit may apply the lease payments to the purchase of portable, temporary classroom space, have been approved by the commissioner for the year prior to the allocation year. Lease costs include costs for leasing:
(2) Temporary and interim instructional space. Temporary space is instructional space consisting of one or more mobile or modular buildings that are portable, that are constructed on- or off-site and that can be disassembled and moved economically to a new location. Interim instructional space is fixed instructional space that a school administrative unit rents for a defined period of time and then vacates at the end of the lease.
(a) A school administrative unit with state-approved need for instructional space may lease temporary or interim space, with state support, for a maximum of 5 years. A school administrative unit may appeal to the commissioner if this limitation presents an undue burden. When making a determination on a school administrative unit’s request for relief based on undue burden, the commissioner may consider the following:
(i) Fiscal capacity;
(ii) Enrollment demographics;
(iii) Unforeseen circumstances not within the control of the appealing school administrative unit; and
(iv) Other relevant factors.
An extension granted by the commissioner beyond the 5-year maximum for state support is limited to a period of one year. An additional request for an extension must be submitted and reviewed on an annual basis. The commissioner’s decision is final.
(b) A school administrative unit with state-approved need for instructional space may engage in a lease-purchase agreement for temporary or interim instructional space with state support for a maximum of 5 years;
(3) Permanent small instructional space that replaces existing approved leased temporary or interim instructional space. Permanent small instructional space consists of new buildings or additions to existing buildings that are secured to a permanent foundation. Once an existing leased temporary or interim instructional space has been replaced by a permanent small instructional space through an approved financing agreement, that space is eligible for state support for a maximum of 10 years; and
(4) Regional programs and services space. A school administrative unit engaged in a state-approved lease-purchase agreement for regional programs and services space that serves students from 2 or more school administrative units is eligible for state support for a maximum of 5 years.
The department shall adopt rules necessary to implement this paragraph. Rules adopted by the department to implement this paragraph are major substantive rules pursuant to Title 5, chapter 375, subchapter 2?A; and [PL 2021, c. 571, §§24, 25 (AMD).]
C. The portion of the tuition costs applicable to the insured value factor for the base year computed under section 5806. [PL 2007, c. 111, §4 (AMD).]
D. [PL 2007, c. 111, §5 (RP).]
[PL 2021, c. 571, §§24, 25 (AMD).]
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.
[PL 2005, c. 519, Pt. AAAA, §3 (NEW).]
3. Economically disadvantaged students. “Economically disadvantaged students” means students who are included in the department’s count of students who are eligible for free or reduced-price meals or free milk or both.
[PL 2003, c. 504, Pt. A, §6 (NEW).]
4. Education technician. “Education technician” means a full-time equivalent public teacher aide or education technician I, associate teacher or education technician II or assistant teacher or education technician III but not a special education technician I, II or III, as documented in the department’s database.
[PL 2005, c. 2, Pt. D, §36 (AMD); PL 2005, c. 2, Pt. D, §§72, 74 (AFF); PL 2005, c. 12, Pt. WW, §18 (AFF).]
5. Elementary free or reduced-price meals percentage. “Elementary free or reduced-price meals percentage” means the percentage, as determined by the commissioner, that reflects either:
A. The actual percentage of elementary students in a school administrative unit who are eligible to receive free or reduced-price meals or free milk or both; or [PL 2003, c. 504, Pt. A, §6 (NEW).]
B. The commissioner’s estimated percentage of elementary students in a school administrative unit who are eligible to receive free or reduced-price meals or free milk or both. [PL 2003, c. 504, Pt. A, §6 (NEW).]
[PL 2003, c. 504, Pt. A, §6 (NEW).]
6. Elementary grades. “Elementary grades” means public preschool programs to grade 8.
[PL 2007, c. 141, §13 (AMD).]
7. Elementary school level. “Elementary school level” means the grades from public preschool programs to grade 5.
[PL 2007, c. 141, §14 (AMD).]
7-A. EPS per-pupil rate. “EPS per-pupil rate” means the rate calculated under section 15676 or 15676?A, as applicable.
[PL 2005, c. 2, Pt. D, §36 (NEW); PL 2005, c. 2, Pt. D, §§72, 74 (AFF); PL 2005, c. 12, Pt. WW, §18 (AFF).]
7-B. English learner. “English learner” means a student who has a primary or home language other than English, as determined by a language use survey developed by the department; who is not yet proficient in English, as determined by a state-approved English language proficiency assessment; and who satisfies the definition of an English learner under the federal Elementary and Secondary Education Act of 1965, as amended, 20 United States Code, Chapter 70.
[PL 2019, c. 398, §30 (NEW).]
8. Essential programs and services. “Essential programs and services” means those educational resources that are identified in this chapter that enable all students to meet the standards in the 8 content standard subject areas and goals of the system of learning results established in chapter 222.
[PL 2017, c. 284, Pt. C, §25 (AMD).]
9. Essential programs and services transition percentage.
[PL 2021, c. 571, §26 (RP).]
9-A. Gifted and talented costs. “Gifted and talented costs” means the cost of programs for gifted and talented students that have been approved by the commissioner.
[PL 2005, c. 2, Pt. D, §36 (NEW); PL 2005, c. 2, Pt. D, §§72, 74 (AFF); PL 2005, c. 12, Pt. WW, §18 (AFF).]
10. Grade 9 to 12 portion. “Grade 9 to 12 portion” means those pupils in the secondary grades or high school level.
[PL 2003, c. 504, Pt. A, §6 (NEW).]
11. Guidance staff. “Guidance staff” means full-time equivalent public guidance counselors, directors of guidance or school social workers, as documented in the department’s database.
[PL 2005, c. 2, Pt. D, §36 (AMD); PL 2005, c. 2, Pt. D, §§72, 74 (AFF); PL 2005, c. 12, Pt. WW, §18 (AFF).]
12. Health staff. “Health staff” means full-time equivalent public school nurses, as documented in the department’s database.
[PL 2005, c. 2, Pt. D, §36 (AMD); PL 2005, c. 2, Pt. D, §§72, 74 (AFF); PL 2005, c. 12, Pt. WW, §18 (AFF).]
13. High school level. “High school level” means grade 9 to grade 12.
[PL 2003, c. 504, Pt. A, §6 (NEW).]
13-A. Institutional resident. “Institutional resident” means a person between 5 years of age and 20 years of age who is attending a public school of the school administrative unit and who is committed or otherwise legally admitted to and residing at a state-operated institution. “Institutional resident” does not include students attending private facilities, regardless of the means of placement.
[PL 2005, c. 2, Pt. D, §36 (NEW); PL 2005, c. 2, Pt. D, §§72, 74 (AFF); PL 2005, c. 12, Pt. WW, §18 (AFF).]
14. Income weight.
[PL 2005, c. 2, Pt. D, §36 (RP); PL 2005, c. 2, Pt. D, §§72, 74 (AFF); PL 2005, c. 12, Pt. WW, §18 (AFF).]
14-A. Kindergarten. “Kindergarten” means kindergarten or a prekindergarten early education program for students who are at least 4 years of age on October 15th of the school year.
[PL 2017, c. 284, Pt. C, §26 (NEW).]
15. Kindergarten to grade 8 portion. “Kindergarten to grade 8 portion” means those pupils in the elementary grades or a combination of the elementary school level and middle school level.
[PL 2003, c. 504, Pt. A, §6 (NEW).]
16. Kindergarten to grade 2 student. “Kindergarten to grade 2 student” means a student in any grade from prekindergarten to grade 2 who is at least 4 years old on October 15th of the school year.
[PL 2005, c. 2, Pt. D, §36 (AMD); PL 2005, c. 2, Pt. D, §§72, 74 (AFF); PL 2005, c. 12, Pt. WW, §18 (AFF).]
17. Librarian. “Librarian” means a full-time equivalent public librarian or media specialist, as documented in the department’s database.
[PL 2005, c. 2, Pt. D, §36 (AMD); PL 2005, c. 2, Pt. D, §§72, 74 (AFF); PL 2005, c. 12, Pt. WW, §18 (AFF).]
18. Limited English proficiency student.
[PL 2019, c. 398, §31 (RP).]
18-A. Major capital costs. “Major capital costs” means costs relating to school construction projects, as defined in section 15901.
[PL 2005, c. 2, Pt. D, §36 (NEW); PL 2005, c. 2, Pt. D, §§72, 74 (AFF); PL 2005, c. 12, Pt. WW, §18 (AFF).]
19. Media assistant. “Media assistant” means a full-time equivalent public librarian aide or library technician I, librarian assistant or library technician II or librarian associate or library technician III, as documented in the department’s database.
[PL 2005, c. 2, Pt. D, §36 (AMD); PL 2005, c. 2, Pt. D, §§72, 74 (AFF); PL 2005, c. 12, Pt. WW, §18 (AFF).]
20. Middle school level. “Middle school level” means grade 6 to grade 8.
[PL 2003, c. 504, Pt. A, §6 (NEW).]
20-A. Minor capital costs. “Minor capital costs” means costs relating to plant maintenance, minor remodeling, site development or the purchase of land not in conjunction with a construction project.
A. “Minor capital costs” does not include construction of new buildings or the purchase of land in conjunction with a school construction project. [PL 2005, c. 2, Pt. D, §36 (NEW); PL 2005, c. 2, Pt. D, §§72, 74 (AFF); PL 2005, c. 12, Pt. WW, §18 (AFF).]
B. Expenditures to repay funds borrowed for minor capital expenditures must be considered minor capital costs in the year in which these funds are repaid. [PL 2005, c. 2, Pt. D, §36 (NEW); PL 2005, c. 2, Pt. D, §§72, 74 (AFF); PL 2005, c. 12, Pt. WW, §18 (AFF).]
C. Purchase of land made in accordance with this subsection must be approved:
(1) By the legislative body of the school administrative unit; and
(2) By the commissioner, under rules adopted for this purpose. [PL 2005, c. 2, Pt. D, §36 (NEW); PL 2005, c. 2, Pt. D, §§72, 74 (AFF); PL 2005, c. 12, Pt. WW, §18 (AFF).]
[PL 2005, c. 2, Pt. D, §36 (NEW); PL 2005, c. 2, Pt. D, §§72, 74 (AFF); PL 2005, c. 12, Pt. WW, §18 (AFF).]
21. Municipality. “Municipality” means a city, town or organized plantation.
[PL 2003, c. 504, Pt. A, §6 (NEW).]
21-A. Other subsidizable costs. “Other subsidizable costs” means those costs identified in section 15681?A. These costs are part of the total operating allocation under section 15683.
[PL 2005, c. 2, Pt. D, §36 (NEW); PL 2005, c. 2, Pt. D, §§72, 74 (AFF); PL 2005, c. 12, Pt. WW, §18 (AFF).]
21-B. Portable, temporary classroom space. “Portable, temporary classroom space” means one or more mobile or modular buildings that are at least partially constructed off site and that are designed to be moved to other sites with a minimum of disassembly and reassembly.
[PL 2005, c. 2, Pt. D, §36 (NEW); PL 2005, c. 2, Pt. D, §§72, 74 (AFF); PL 2005, c. 12, Pt. WW, §18 (AFF).]
22. Per-pupil guarantee.
[PL 2005, c. 2, Pt. D, §36 (RP); PL 2005, c. 2, Pt. D, §§72, 74 (AFF); PL 2005, c. 12, Pt. WW, §18 (AFF).]
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 [PL 2005, c. 519, Pt. AAAA, §4 (NEW).]
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. [PL 2005, c. 519, Pt. AAAA, §4 (NEW).]
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.
[PL 2005, c. 519, Pt. AAAA, §4 (RPR).]
23. Property fiscal capacity. “Property fiscal capacity” means the average of the certified state valuations for the 3 most recent years prior to the most recently certified state valuation or the certified state valuation for the most recent prior year, whichever is lower.
A. [PL 2021, c. 571, §27 (RP).]
B. [PL 2021, c. 571, §27 (RP).]
C. [PL 2021, c. 571, §27 (RP).]
D. [PL 2021, c. 571, §27 (RP).]
E. [PL 2021, c. 571, §27 (RP).]
[PL 2021, c. 571, §27 (RPR).]
24. Property weight.
[PL 2005, c. 2, Pt. D, §36 (RP); PL 2005, c. 2, Pt. D, §§72, 74 (AFF); PL 2005, c. 12, Pt. WW, §18 (AFF).]
25. School administrative staff. “School administrative staff” means full-time equivalent public school principals and assistant principals, as documented in the department’s database.
[PL 2005, c. 2, Pt. D, §36 (AMD); PL 2005, c. 2, Pt. D, §§72, 74 (AFF); PL 2005, c. 12, Pt. WW, §18 (AFF).]
25-A. School administrative unit. “School administrative unit” means a school administrative unit as defined by section 1, subsection 26, paragraphs A to G.
[PL 2011, c. 655, Pt. C, §6 (AMD).]
26. School administrative unit’s local contribution to EPS per-pupil rate. “School administrative unit’s local contribution to the EPS per-pupil rate” means the funds that a school administrative unit provides for each subsidizable pupil who resides in that unit.
[PL 2005, c. 2, Pt. D, §36 (AMD); PL 2005, c. 2, Pt. D, §§72, 74 (AFF); PL 2005, c. 12, Pt. WW, §18 (AFF).]
27. School administrative unit’s state contribution to EPS per-pupil rate. “School administrative unit’s state contribution to the EPS per-pupil rate” means the funds that the State provides to a school administrative unit for each subsidizable pupil who resides in that unit.
[PL 2005, c. 2, Pt. D, §36 (AMD); PL 2005, c. 2, Pt. D, §§72, 74 (AFF); PL 2005, c. 12, Pt. WW, §18 (AFF).]
28. School level. “School level” means elementary level, middle school level and high school level.
[PL 2003, c. 504, Pt. A, §6 (NEW).]
29. School level teaching staff. “School level teaching staff” means full-time equivalent public classroom teachers, itinerant classroom teachers and special teachers of reading or literacy specialists excluding special education teachers and career and technical education teachers, as documented in the department’s database.
[PL 2005, c. 2, Pt. D, §36 (AMD); PL 2005, c. 2, Pt. D, §§72, 74 (AFF); PL 2005, c. 12, Pt. WW, §18 (AFF); PL 2005, c. 397, Pt. D, §3 (REV).]
30. Secondary grades. “Secondary grades” means grade 9 to grade 12.
[PL 2003, c. 504, Pt. A, §6 (NEW).]
30-A. Special education costs. “Special education costs” for subsidy purposes includes:
A. The salary and benefit costs of certified professionals, assistants and aides or costs of persons contracted to perform a special education service; [PL 2005, c. 12, Pt. WW, §4 (AMD).]
B. The costs of tuition and board to other schools for programs that have been approved by the commissioner and not paid directly by the State. Medical costs are not allowable as part of a tuition charge; [PL 2005, c. 2, Pt. D, §36 (NEW); PL 2005, c. 2, Pt. D, §§72, 74 (AFF); PL 2005, c. 12, Pt. WW, §18 (AFF).]
C. The following preschool disability services:
(1) The salary and benefit costs of certified professionals, assistants and aides or persons contracted to perform preschool disability services that have been approved by the commissioner; and
(2) The cost of tuition to other schools for programs that have been approved by the commissioner; and [PL 2021, c. 348, §27 (AMD).]
D. Special education costs that are the costs of educational services provided to students who are temporarily unable to participate in regular school programs. Students who may be included are pregnant students, hospitalized students or those confined to their homes for illness or injury, students involved in substance use disorder programs within hospital settings or in residential rehabilitation facilities licensed by the Department of Health and Human Services for less than 6 weeks duration or students suffering from other temporary conditions that prohibit their attendance at school. Students served under this paragraph may not be counted as children with disabilities for federal reporting purposes. [PL 2017, c. 407, Pt. A, §63 (AMD).]
[PL 2021, c. 348, §27 (AMD).]
30-B. State-operated institution. “State-operated institution” means any residential facility or institution that is operated by the Department of Health and Human Services or a school operated by the Department of Education.
[PL 2005, c. 2, Pt. D, §36 (NEW); PL 2005, c. 2, Pt. D, §§72, 74 (AFF); PL 2005, c. 12, Pt. WW, §18 (AFF).]
31. State share percentage. “State share percentage” means the percentage of the state contribution determined under section 15688, subsection 3?A, paragraph D divided by the total cost determined in section 15688, subsection 1.
A. [PL 2005, c. 2, Pt. D, §36 (RP); PL 2005, c. 2, Pt. D, §§72, 74 (AFF); PL 2005, c. 12, Pt. WW, §18 (AFF).]
B. [PL 2005, c. 2, Pt. D, §36 (RP); PL 2005, c. 2, Pt. D, §§72, 74 (AFF); PL 2005, c. 12, Pt. WW, §18 (AFF).]
C. [PL 2005, c. 2, Pt. D, §36 (RP); PL 2005, c. 2, Pt. D, §§72, 74 (AFF); PL 2005, c. 12, Pt. WW, §18 (AFF).]
D. [PL 2005, c. 2, Pt. D, §36 (RP); PL 2005, c. 2, Pt. D, §§72, 74 (AFF); PL 2005, c. 12, Pt. WW, §18 (AFF).]
[RR 2005, c. 1, §3 (COR).]
31-A. State subsidy. “State subsidy” means the total of the state contribution determined under section 15688, subsection 3?A, paragraph D and any applicable adjustment under section 15689.
[PL 2019, c. 501, §10 (AMD).]
31-B. Subsidizable costs. “Subsidizable costs” includes the costs described in paragraphs A to C and used to calculate the total allocation amount:
A. The total operating allocation under section 15683; [PL 2005, c. 2, Pt. D, §36 (NEW); PL 2005, c. 2, Pt. D, §§72, 74 (AFF); PL 2005, c. 12, Pt. WW, §18 (AFF).]
B. Debt service cost; and [PL 2005, c. 2, Pt. D, §36 (NEW); PL 2005, c. 2, Pt. D, §§72, 74 (AFF); PL 2005, c. 12, Pt. WW, §18 (AFF).]
C. Adjustments and miscellaneous costs under sections 15689 and 15689?A including special education tuition and board, excluding medical costs. For purposes of this paragraph, “special education tuition and board” means:
(1) Tuition and board for pupils placed directly by the State in accordance with rules adopted or amended by the commissioner; and
(2) Special education tuition and other tuition for institutional residents of state-operated institutions attending programs in school administrative units or private schools in accordance with rules adopted or amended by the commissioner. [PL 2005, c. 2, Pt. D, §36 (NEW); PL 2005, c. 2, Pt. D, §§72, 74 (AFF); PL 2005, c. 12, Pt. WW, §18 (AFF).]
[PL 2005, c. 2, Pt. D, §36 (NEW); PL 2005, c. 2, Pt. D, §§72, 74 (AFF); PL 2005, c. 12, Pt. WW, §18 (AFF).]
32. Subsidizable pupils. “Subsidizable pupils” means all school level pupils who reside in a school administrative unit and who are educated at public expense at a public school or at a private school approved for tuition purposes.
[PL 2005, c. 2, Pt. D, §36 (AMD); PL 2005, c. 2, Pt. D, §§72, 74 (AFF); PL 2005, c. 12, Pt. WW, §18 (AFF).]
32-A. Total allocation. “Total allocation” means the total of the operating allocation as described in section 15683 and the debt service allocation as described in section 15683?A.
Nonsubsidizable costs are not considered in the calculation of the total allocation. “Nonsubsidizable costs” includes the following:
A. Community service costs; [PL 2005, c. 2, Pt. D, §36 (NEW); PL 2005, c. 2, Pt. D, §§72, 74 (AFF); PL 2005, c. 12, Pt. WW, §18 (AFF).]
B. Major capital costs; [PL 2005, c. 2, Pt. D, §36 (NEW); PL 2005, c. 2, Pt. D, §§72, 74 (AFF); PL 2005, c. 12, Pt. WW, §18 (AFF).]
C. Expenditures from all federal revenue sources, except for amounts received under United States Public Law 81-874; [PL 2005, c. 2, Pt. D, §36 (NEW); PL 2005, c. 2, Pt. D, §§72, 74 (AFF); PL 2005, c. 12, Pt. WW, §18 (AFF).]
D. Transportation costs not associated with transporting students from home to school and back home each day; and [PL 2005, c. 2, Pt. D, §36 (NEW); PL 2005, c. 2, Pt. D, §§72, 74 (AFF); PL 2005, c. 12, Pt. WW, §18 (AFF).]
E. Costs payable to the Maine Public Employees Retirement System under Title 5, section 17154, subsections 10 and 11. [PL 2005, c. 2, Pt. D, §36 (NEW); PL 2005, c. 2, Pt. D, §§72, 74 (AFF); PL 2005, c. 12, Pt. WW, §18 (AFF); PL 2007, c. 58, §3 (REV).]
[PL 2005, c. 2, Pt. D, §36 (NEW); PL 2005, c. 2, Pt. D, §§72, 74 (AFF); PL 2005, c. 12, Pt. WW, §18 (AFF); PL 2007, c. 58, §3 (REV).]
32-B. Total cost of components of essential programs and services. “Total cost of the components of essential programs and services” means the total of the following components:
A. The base total determined pursuant to section 15683, subsection 1; [PL 2005, c. 2, Pt. D, §36 (NEW); PL 2005, c. 2, Pt. D, §§72, 74 (AFF); PL 2005, c. 12, Pt. WW, §18 (AFF).]
B. Other subsidizable costs identified in section 15681?A; [PL 2005, c. 2, Pt. D, §36 (NEW); PL 2005, c. 2, Pt. D, §§72, 74 (AFF); PL 2005, c. 12, Pt. WW, §18 (AFF).]
C. Debt service costs; [PL 2005, c. 2, Pt. D, §36 (NEW); PL 2005, c. 2, Pt. D, §§72, 74 (AFF); PL 2005, c. 12, Pt. WW, §18 (AFF).]
D. Adjustments determined pursuant to section 15689; and [PL 2005, c. 2, Pt. D, §36 (NEW); PL 2005, c. 2, Pt. D, §§72, 74 (AFF); PL 2005, c. 12, Pt. WW, §18 (AFF).]
E. Miscellaneous costs appropriated pursuant to section 15689?A. [PL 2005, c. 2, Pt. D, §36 (NEW); PL 2005, c. 2, Pt. D, §§72, 74 (AFF); PL 2005, c. 12, Pt. WW, §18 (AFF).]
[PL 2005, c. 2, Pt. D, §36 (NEW); PL 2005, c. 2, Pt. D, §§72, 74 (AFF); PL 2005, c. 12, Pt. WW, §18 (AFF).]
32-C. Transportation operating costs. “Transportation operating costs” means all costs incurred in the transportation of pupils in kindergarten to grade 12, including lease costs for bus garage and maintenance facilities and lease-purchase costs that the school administrative unit may apply to the purchase of bus garage and maintenance facilities, when the leases and lease-purchase agreements have been approved by the commissioner, but excluding the costs of bus purchases and excluding all costs not associated with transporting students from home to school and back home each day. The amount includable for determining the subsidy for a school administrative unit for lease-purchase of bus garage and maintenance facilities may not exceed the amount for the lease of a comparable facility.
[PL 2005, c. 2, Pt. D, §36 (NEW); PL 2005, c. 2, Pt. D, §§72, 74 (AFF); PL 2005, c. 12, Pt. WW, §18 (AFF).]
32-D. Vocational education costs.
[PL 2011, c. 679, §28 (RP).]
32-E. Year. “Year” means a fiscal year starting July 1st and ending June 30th of the succeeding year.
[PL 2005, c. 2, Pt. D, §36 (NEW); PL 2005, c. 2, Pt. D, §§72, 74 (AFF); PL 2005, c. 12, Pt. WW, §18 (AFF).]
33. Year of funding. “Year of funding” means the fiscal year during which state subsidies are disbursed to school administrative units, except as specified in section 15005, subsection 1.
[PL 2003, c. 504, Pt. A, §6 (NEW).]
SECTION HISTORY
PL 2003, c. 504, §A6 (NEW). PL 2003, c. 712, §12 (AMD). RR 2005, c. 1, §3 (COR). PL 2005, c. 2, §D36 (AMD). PL 2005, c. 2, §§D72,74 (AFF). PL 2005, c. 12, §WW4 (AMD). PL 2005, c. 12, §WW18 (AFF). PL 2005, c. 397, §D3 (REV). PL 2005, c. 519, §§J1,AAAA3,4 (AMD). PL 2005, c. 662, §A41 (AMD). PL 2007, c. 58, §3 (REV). PL 2007, c. 111, §§3-5 (AMD). PL 2007, c. 141, §§13, 14 (AMD). PL 2007, c. 668, §35 (AMD). PL 2011, c. 655, Pt. C, §6 (AMD). PL 2011, c. 679, §§27, 28 (AMD). PL 2013, c. 167, Pt. B, §1 (AMD). PL 2013, c. 203, §1 (AMD). PL 2017, c. 171, §12 (AMD). PL 2017, c. 284, Pt. C, §§25-28 (AMD). PL 2017, c. 284, Pt. VVVVV, §9 (AMD). PL 2017, c. 381, §16 (AMD). PL 2017, c. 407, Pt. A, §63 (AMD). PL 2019, c. 398, §§30, 31 (AMD). PL 2019, c. 501, §10 (AMD). PL 2021, c. 348, §27 (AMD). PL 2021, c. 571, §§21-27 (AMD).