Maine Revised Statutes Title 20-A Sec. 2413 – Funding
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1. Enrollment count. Students enrolled in and attending public charter schools must be reported to the department, for attendance and funding purposes, as provided in department rules.
[PL 2011, c. 414, §5 (NEW).]
Terms Used In Maine Revised Statutes Title 20-A Sec. 2413
- Authorizer: means an entity empowered under this chapter to review applications, decide whether to approve or reject applications, enter into charter contracts with applicants, oversee and monitor public charter schools and decide whether to renew, not renew or revoke charter contracts. See Maine Revised Statutes Title 20-A Sec. 2401
- Charter contract: means a performance-based contract for a fixed term between a public charter school and an authorizer that describes performance expectations, defines operational responsibilities and outlines the autonomy and accountability for each party to the contract. See Maine Revised Statutes Title 20-A Sec. 2401
- Contract: A legal written agreement that becomes binding when signed.
- Department: means the Department of Education. See Maine Revised Statutes Title 20-A Sec. 1
- Donor: The person who makes a gift.
- 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.
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Governing board: means the independent board of a public charter school that is party to the charter contract with the authorizer and whose members have been elected or selected pursuant to the school's application. See Maine Revised Statutes Title 20-A Sec. 2401
- Kindergarten: means a one-year or 2-year childhood education program, for children at least 5 years of age, immediately prior to grade one. See Maine Revised Statutes Title 20-A Sec. 1
- Local school board: means a school board exercising management and control of a school administrative unit other than a public charter school formed under this chapter. See Maine Revised Statutes Title 20-A Sec. 2401
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Outlays: Outlays are payments made (generally through the issuance of checks or disbursement of cash) to liquidate obligations. Outlays during a fiscal year may be for payment of obligations incurred in prior years or in the same year.
- Public charter school: means a public school formed pursuant to this chapter that:
A. See Maine Revised Statutes Title 20-A Sec. 2401Pupil: means elementary or secondary school student. See Maine Revised Statutes Title 20-A Sec. 15001 School administrative unit: means the state-approved unit of school administration and includes a municipal school unit, school administrative district, community school district, regional school unit or any other municipal or quasi-municipal corporation responsible for operating or constructing public schools, except that it does not include a career and technical education region. See Maine Revised Statutes Title 20-A Sec. 1 School board: means the governing body with statutory powers and duties for a school administrative unit. See Maine Revised Statutes Title 20-A Sec. 1 United States: includes territories and the District of Columbia. See Maine Revised Statutes Title 1 Sec. 72 Year: means a calendar year, unless otherwise expressed. See Maine Revised Statutes Title 1 Sec. 72
2. Revenue provisions. State and local operating funds follow each student to the public charter school attended by the student, except that the school administrative unit of the student’s residence may retain up to 1% of the per-pupil allocation described in this subsection to cover associated administrative costs.
A. For each public charter school student, the school administrative unit in which the student resides must forward the per-pupil allocation to the public charter school attended by the student as follows.
(1) The per-pupil allocation amount is the EPS per-pupil rate for the school administrative unit in which the student resides, as calculated pursuant to section 15676, based on the student’s grade level and adjusted as appropriate for economically disadvantaged students and English learners pursuant to section 15675, subsections 1 and 2. Debt service and capital outlays may not be included in the calculation of these per-pupil allocations. The department shall adopt rules governing how to calculate these 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 school administrative unit of residence shall forward the per-pupil allocations described in subparagraph (1) directly to the public charter school attended. These per-pupil allocations must be forwarded to each public charter school on a quarterly basis, as follows. For each fiscal year, allocations must be made in quarterly payments on September 1st, December 1st, March 1st and June 1st. The September and December payments must be based on the identity and number of students enrolled or anticipated to be enrolled in the public charter school at the opening of school for that school year. The number of students may not exceed the maximum enrollment approved in the charter contract for that year unless a waiver is obtained from the authorizer. The March and June payments must be based on the identity and number of students enrolled in the public charter school on February 1st.
(3) For transportation expenses, the average per-pupil expense in each school administrative unit of residence must be calculated and an amount equal to a proportion, up to but not more than 100%, of that per-pupil allocation amount must be forwarded to the public charter school attended on the same basis as the per-pupil allocations for operating funds. The percentage of that per-pupil expense must be determined by the authorizer of the public charter school and must be based on the cost of transportation services provided by the public charter school to the student.
(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.
A school administrative unit is not required to send funds to a public charter school for a student enrolled in the public charter school’s preschool or prekindergarten program if the school administrative unit of the student’s residence does not offer that program to its own residents. [PL 2019, c. 398, §13 (AMD).]
B. The following provisions govern special education funding.
(1) For each enrolled special education pupil, a public charter school must receive the average additional allocation calculated by the department under section 15681?A, subsection 2 for each school administrative unit for its special education students. These allocations must be paid on the same basis as the per-pupil allocations for operating funds.
(2) The school administrative unit of residence shall pay directly to the 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 the public charter school any additional allocation assigned to the public charter school because of a high-cost in-district placement in accordance with section 15681?A, subsection 2, paragraph B in the year in which the allocation is assigned.
(4) The school administrative unit of residence shall pay to the public charter school any additional allocation assigned to the unit because of a high-cost out-of-district placement in accordance with section 15681?A, subsection 2, paragraph C in the year in which the allocation is assigned to the school administrative unit.
(5) If the public charter school in which the student is enrolled was authorized by a local school board or a collaborative of local school boards, the funds under this paragraph must be paid to the local school board that authorized the public charter school or to the designated school board of the collaborative, rather than directly to the public charter school. The local school board or boards that authorized the charter school are responsible for ensuring that special education services are provided to students in that school, pursuant to section 2412, subsection 2, paragraph A. [PL 2011, c. 570, §19 (AMD).]
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 § 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 agreed with its authorizer. [PL 2011, c. 414, §5 (NEW).]
D. A public charter school may receive gifts and grants from private sources in any manner that is available to a school administrative unit. [PL 2011, c. 414, §5 (NEW).]
E. A public charter school may not levy taxes or issue bonds secured by tax revenues. [PL 2011, c. 414, §5 (NEW).]
F. In the event of the failure of the school administrative unit to make payments required by this section, the Treasurer of State shall deduct from any state funds that become due to the school administrative unit an amount equal to the unpaid obligation. The Treasurer of State shall pay over the amount to the public charter school upon certification by the department. The department shall adopt rules to implement the provisions of this paragraph. [PL 2011, c. 414, §5 (NEW).]
G. 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. [PL 2011, c. 414, §5 (NEW).]
H. 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. [PL 2011, c. 414, §5 (NEW).]
I. [PL 2011, c. 570, §19 (RP).]
J. The department may establish a method of transferring funds to public charter schools that is an alternative to the method provided in this subsection. [PL 2011, c. 414, §5 (NEW).]
[PL 2019, c. 398, §13 (AMD).]
3. Funding for public charter schools authorized by the commission. Beginning with fiscal year 2015-16, this section no longer applies to public charter schools authorized by the commission.
[PL 2015, c. 54, §4 (NEW).]
SECTION HISTORY
PL 2011, c. 414, §5 (NEW). PL 2011, c. 570, §19 (AMD). PL 2011, c. 679, §2 (AMD). PL 2013, c. 272, §2 (AMD). PL 2015, c. 54, §4 (AMD). PL 2019, c. 398, §13 (AMD).