Department backs technical updates to education statutes in LD 86; committee hears questions about scope

Representative Kelly Murphy presented LD 86 to the Joint Standing Committee on Education and Cultural Affairs on behalf of Representative Holly Sargent and the Maine Department of Education. The bill was brought forward as a department-request measure to update and clarify multiple statutes in Title 20A related to school finance, district organization and other administrative matters.

Courtney Balolen, testifying for the Department of Education, told the committee the bill includes several targeted changes intended to align state statute with federal definitions and recent court decisions. “First, we ask that the statutory definition of homeless student be updated to match the federal definition by removing the inclusion of students awaiting foster placement,” Balolen said. “Second, we propose an update to statute regarding private schools' receipt of public funds for tuition purposes. This change reflects the United States Supreme Court's 2022 decision in Carson v. Makin by removing ‘nonsectarian’ from the eligibility requirements.”

Balolen also asked the committee to repeal Title 20A, Chapter 608, noting the Department believes the chapter was superseded and its remaining calculations and provisions are provided for in Chapter 606B, the Essential Programs and Services Funding Act. The department said the repeated language has caused confusion for local school officials and that removing the redundant chapter would provide clarity for school finance practice.

Committee members asked several clarifying questions. Representative Jan Dodge asked for the number of community school districts still operating; Balolen said the number is very small and offered to follow up for the work session. Representative Kim Hagen asked why community school districts originally required a private or special law to reorganize and Balolen said the enabling statute had been removed during past reorganizations and the bill would restore the authority so community districts retain local control without needing separate legislation.

Senator Theresa Perce pressed the department to point to where Chapter 608 material appears in Chapter 606B for the committee’s work session; Balolen agreed to prepare a crosswalk to highlight where the funding language now resides.

Balolen also said the department seeks to update audit-reporting statutes for education service centers and school administrative units to reduce duplicative submissions and to align other technical language with current federal policy. She closed by offering to answer additional questions at work session.

No one spoke in opposition during the public hearing and the department asked that members defer detailed statutory questions to agency staff for the committee’s work session.