Sec. 1. 20-A MRSA §15603, sub-§28-A, as enacted by PL 1999, c. 401, Pt. JJ, §1, is repealed.

Sec. 2. 20-A MRSA §15612, sub-§12-A, as enacted by PL 1999, c. 401, Pt. JJ, §2, is repealed and the following enacted in its place:

12-A.__Adjustment for students of limited proficiency in English who are placed in transitional instruction programs that use English as a 2nd language or bilingual techniques; adjustment limitation.__In fiscal year 2003-04 and in each succeeding fiscal year, a school administrative unit that places a student in a transitional instruction program using English as a 2nd language or bilingual techniques approved by the commissioner and established in accordance with section 4701, subsection 2 must receive an adjustment on a per capita basis for each such student in the unit.__State payments to school administrative units pursuant to this subsection must be calculated as follows.

A.__For the purposes of this subsection, "student placed in an approved transitional instruction program" means an elementary or secondary student who is a student of limited proficiency in English and who is placed in a transitional instruction program using English as a 2nd language or bilingual techniques established in the school administrative unit as part of plans approved by the commissioner and implemented in accordance with section 4701, subsection 2.

B.__The amount of each school administrative unit's adjustment is as calculated pursuant to paragraph C and prorated as necessary pursuant to paragraph E.

C.__The weighted student count used for the calculation of each school administrative unit's adjustment in accordance with this subsection is as follows.

(1) The calculated amount for a unit that has between one and 15 students placed in an approved transitional instruction program is equal to 100% multiplied by the student count specified in paragraph D.

(2) The calculated amount for a unit that has 16 to 250 students placed in an approved transitional instruction program is equal to 60% multiplied by the student count specified in paragraph D.