Public Law 2023 Chapter 412 Part JJJJ includes important updates to the Multilingual (EL) Hardship Fund. The effective date of this new language is October 25, 2023.
1. School Administrative Units (SAUs) will no longer have to apply for the hardship funds. Instead, the Maine Department of Education (DOE) will automatically determine eligibility using the October and April student counts.
2. The eligibility criteria has been lowered from an increase of 5% or more English learners weighted allocation to 3%, as calculated pursuant to section 15675, subsection 1.
What do SAUs need to do in order to receive the Multilingual (EL) Hardship funds?
The changes to the statute will allow the DOE to automatically determine eligibility following each student data collection period on October 1st and April 1,st annually.
Once eligibility is determined, the funding will be allocated to each SAU as an adjustment to the school funding allocation on the ED 279 report section 5B.
How do I know if our SAU will be receiving funds?
Please contact Pam Partridge at the School Finance team help desk at (207) 624-6625 or pamela.partridge@maine.gov. Additional information related to the Multilingual (EL) Hardship can be found here.
When can we expect the funds from the April 1, 2023, count, if we are eligible?
As Public Law 2023 Chapter 412 is not in effect until October 25, 2023, the School Finance team will provide those funds as soon as possible after that date.
Multilingual Learner Budgetary Hardship Adjustment Implementation Policy
Per 20-A MRSA §15689, sub-§16, beginning in fiscal year 2022-23, the following provisions apply to adjustments for English (multilingual) learner budgetary hardships. If a school administrative unit determined eligible pursuant to paragraph B petitions the Commissioner and demonstrates that the unexpected education costs of increased English (multilingual) learner student enrollment will cause a budgetary hardship, the Commissioner may provide an amount equal to that school administrative unit’s most recent state share of the increased English (multilingual) learner weighted allocation, as calculated pursuant to section 15675, subsection 1, resulting from the increased enrollment. If the school administrative unit’s most recent state share percentage is less than the statewide state share percentage under section 15671, subsection 1, paragraph B, then the adjustment amount is equal to the most recent state share percentage.
16. English learner budgetary hardship adjustment. Beginning in fiscal year 2022-23, the following provisions apply to adjustments for English learner budgetary hardships.
A. If a school administrative unit determined eligible pursuant to paragraph B, the commissioner may provide an amount equal to that school administrative unit’s most recent state share of the increased English learner weighted allocation, as calculated pursuant to section 15675, subsection 1, resulting from the increased enrollment. If the school administrative unit’s most recent state share percentage is less than the statewide state share percentage under section 15675, subsection 1, paragraph B, then the adjustment amount is equal to the most recent state share percentage. [PL 2023, c. 412, Pt. JJJJ, §1 (AMD).]
B. The commissioner may determine that a school administrative unit is eligible for an adjustment under paragraph A if:
(1) The increased student enrollment is a result of a student's becoming the fiscal responsibility of the school administrative unit after the passage of the annual budget for the current fiscal year; and
(2) The school administrative unit's unexpected enrollment increase results in an increase of 3% or more in English learner weighted allocation, as calculated pursuant to section 15675, subsection 1. [PL 2023, c. 412, Pt. JJJJ, §2 (AMD).]
C. The funds for adjustments under paragraph A are limited to the amount appropriated by the Legislature for that purpose. An unexpended balance from another program's appropriated amounts under this chapter may be applied by the commissioner towards the adjustments. [PL 2023, c. 412, Pt. JJJJ, §3 (AMD).]
D. A school administrative unit may expend the funds from the adjustment under paragraph A without seeking approval of the school administrative unit’s legislative body. [PL 2021, c. 635, Pt. C, §7 (NEW).]