Resolve, To Review the Impact of Unfunded Education Mandates and Evaluate the Efficacy of Education Laws

Emergency preamble. Whereas,  acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and

Whereas,  the enactment of unfunded education mandates and other provisions of federal and state education laws may result in adverse fiscal effects on school administrative units in the State, which are obligated to implement the new federal or state requirements without receiving the funding necessary to do so; and

Whereas,  the economic consequences of the recent economic recession have reduced the amount of Federal Government and State Government revenues that are available to support the operations of public schools in the State and have affected the ability of local property taxpayers to bear the financial burden of unfunded education mandates on school administrative units in the State; and

Whereas,  the task force proposed by this resolve must begin its work as soon as possible in order to recommend legislation to repeal or modify education provisions that are archaic or unnecessary, lack a significant public purpose, require a disproportionate financial effort for the intended public policy benefit or result in adverse effects on school administrative units and career and technical regions in the State; and

Whereas,  in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore, be it

Sec. 1. Commissioner to convene task force. Resolved: That the Commissioner of Education shall convene a task force to review the impact of unfunded education mandates on school administrative units and career and technical regions in the State and to evaluate the efficacy of current education laws; and be it further

Sec. 2. Task force membership. Resolved: That the task force convened under section 1 must include teachers, administrators and parents and may include other persons, or representatives of groups or entities that have financial expertise and experience with the public education system in the State. The Commissioner of Education shall invite the following education stakeholder groups to appoint representatives to serve as members of the task force:

1. The State Board of Education;

2. The Maine Education Association;

3. The Maine Principals' Association;

4. The Maine School Boards Association;

5. The Maine School Superintendents Association;

6. The Maine Association of School Business Officials;

7. The Maine Administrators of Career and Technical Education;

8. The Maine Administrators of Services for Children with Disabilities; and

9. The Maine Parent Teacher Association; and be it further

Sec. 3. Task force duties. Resolved: That the task force convened under section 1 shall review unfunded education mandates and other requirements of education laws, including any relevant provisions of federal laws and the Maine Revised Statutes. The review conducted by the task force must include, but is not limited to:

1. An analysis of the Department of Education report titled "Unfunded State Mandates and Other Education Requirements" that was submitted on February 18, 2009 to the Joint Standing Committee on Education and Cultural Affairs in accordance with the requirements of Public Law 2007, chapter 240, Part XXXX, section 45;

2. An evaluation of unfunded education mandates that were enacted since the report described in subsection 1 was submitted to the 124th Maine Legislature in order to determine their impact on school administrative units and career and technical regions;

3. A review of education requirements that have been enacted during the last 10 years but have not been implemented due to the lack of funding appropriated by the Legislature, including initiatives that were adopted as part of budget bills and other legislation that resulted in the temporary reduction or elimination of funding for school administrative units and career and technical regions;

4. An examination of the need for unfunded education mandates and an analysis of whether unfunded education mandates implement education initiatives that contribute to the promotion of future student performance and academic success or contribute to the prevention of future school dropouts and juvenile delinquencies;

5. A review of alternative funding mechanisms or solutions proposed or adopted in other states and jurisdictions to address the adverse effect of unfunded education mandates on public school systems; and

6. An identification of the unfunded education mandates and other education requirements that lack a significant public purpose, require a disproportionate financial effort for the intended public policy benefit, result in adverse effects on school administrative units or are found to be archaic or unnecessary or are no longer considered to be a priority with respect to the evolving public education system in the State; and be it further

Sec. 4. Task force report. Resolved: That the Commissioner of Education shall report the task force's findings, including any proposed legislation, to the Joint Standing Committee on Education and Cultural Affairs by January 10, 2014. The committee is authorized to submit a bill related to the report to the Second Regular Session of the 126th Legislature.

Emergency clause. In view of the emergency cited in the preamble, this legislation takes effect when approved.

SUMMARY

This resolve directs the Commissioner of Education to establish a task force to review the effect of unfunded education mandates on school administrative units and career and technical regions in the State and to evaluate the efficacy of current education laws. The commissioner is directed to submit a report of the task force's findings and any suggested legislation to the Joint Standing Committee on Education and Cultural Affairs by January 10, 2014. The committee may submit a bill related to the report to the Second Regular Session of the 126th Legislature.