Whereas, the State has limited resources for subsidizing its share of kindergarten to grade 12 pupil education costs, including the rising levels of special education costs; and

Whereas, the Federal Government has consistently not provided the State with its full share of federal funds to support the implementation of the federal Individuals with Disabilities Education Act; and

Whereas, the next school year is likely to begin before the 90- day period has passed; 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 enacted by the People of the State of Maine as follows:

Sec. 1. 20-A MRSA §7301, sub-§1, as enacted by PL 1981, c. 693, §§5 and 8, is amended to read:

1. State aid; maximum limits. The State shall provide financial aid to school administrative units for special education programs. Beginning in fiscal year 2001-02, the commissioner shall establish annually maximum limits on the percentage of exceptional students for each school administrative unit in the State for whom state aid may be allocated for special education services.__The maximum limits established by the commissioner must be calculated based on the pupil counts within the school administrative units as defined in section 15656.__The financial aid provided to school administrative units must be limited to the maximum percentage of subsidizable exceptional students established for each school administrative unit by the commissioner.

Sec. 2. Maximum limits for fiscal year 2001-02. The Commissioner of Education shall report on the maximum limits on the percentage of exceptional students for whom state aid may be allocated for special education services established for each school administrative unit in the State for fiscal year 2001-02 by January 15, 2002 to the Joint Standing Committee on Education and Cultural Affairs.