129th MAINE LEGISLATURE FIRST REGULAR SESSION-2019

Legislative Document No. 502 H.P. 359 House of Representatives, January 31, 2019

An Act To Establish the Summer Success Program Fund

Reference to the Committee on Education and Cultural Affairs suggested and ordered printed.

ROBERT B. HUNT Clerk

Presented by Representative PIERCE of Falmouth. Cosponsored by Senator BREEN of Cumberland and Representatives: DAUGHTRY of Brunswick, GATTINE of Westbrook, HANDY of Lewiston, JORGENSEN of Portland, MORALES of South Portland, PERRY of Calais, Senators: DIAMOND of Cumberland, MILLETT of Cumberland.

Printed on recycled paper 1 Be it enacted by the People of the State of Maine as follows:

2 Sec. 1. 20-A MRSA c. 317, sub-c. 2 is enacted to read:

3 SUBCHAPTER 2

4 SUMMER SUCCESS PROGRAM FUND 5 §8811. Definitions

6 As used in this subchapter, unless the context otherwise indicates, the following 7 terms have the following meanings.

8 1. Program fund. "Program fund" means the Summer Success Program Fund 9 established in section 8812.

10 2. Social impact bond. "Social impact bond" means a performance-based bond that 11 operates over a fixed period of time and for which repayment to an investor is contingent 12 upon a specific social outcome being achieved.

13 3. Summer success program. "Summer success program" means a program offered 14 by a public school that provides traditional and alternative teaching methods to ensure 15 that every student has access to a high-quality extended school year program that helps 16 the student improve the student's academic achievement and addresses the needs of the 17 student to demonstrate content area proficiency based on the student's grade level.

18 §8812. Summer Success Program Fund

19 1. Establishment. The Summer Success Program Fund is established as a 20 nonlapsing, dedicated fund to be directed and administered by the commissioner within 21 the department and held by the Treasurer of State. The State Controller shall set up and 22 maintain an account for the money received from social impact bonds and other money 23 paid into the program fund. The Treasurer of State shall invest and reinvest the program 24 fund for the benefit of summer success programs.

25 2. Sources of money. The following sources of money may be paid into the 26 program fund: 27 A. Money appropriated from the General Fund; 28 B. Any grants, gifts and other money from the State and from any unit of federal, 29 state or local government or from any person, firm, partnership or corporation for 30 deposit to the program fund; 31 C. All money received from a social impact bond; and 32 D. All interest, dividends or other pecuniary gains from investment of money in the 33 program fund. 34 3. Social impact bond. A social impact bond may involve the department or a 35 school administrative unit partnering with a service provider or outside investor that

Page 1 - 129LR0700(01)-1 1 provides the financing for the summer success program that is the object of the bond, 2 which the department or a school administrative unit is not required to repay unless 3 student achievement in the summer success program is demonstrated by a measurable 4 outcome.

5 4. Application of program fund. Money in the program fund must be continuously 6 applied by the commissioner to carry out this section and may not be used for any other 7 purpose. School administrative units must ensure that program funds made available to 8 provide grants for expanded access to summer success programs for elementary and 9 secondary school students supplement and do not supplant federal funding.

10 §8813. Standards; approval

11 The commissioner shall use the program fund to encourage the facilitation of high- 12 quality summer success programs in school administrative units throughout the State.

13 1. Standards. The commissioner shall establish standards for summer success 14 programs consistent with the basic school approval requirements as set forth in 15 subchapter 1 for summer school programs offered at elementary or secondary schools in 16 the State. In establishing standards for summer success programs, the commissioner may 17 also consider the following: 18 A. Guidelines similar to, but not identical with, the requirements of the community 19 learning centers program authorized under Title IV, Part B of the federal Elementary 20 and Secondary Education Act of 1965, as amended by the federal Every Student 21 Succeeds Act, 20 United States Code, Chapter 70 to help students improve their 22 academic achievement by providing educational opportunities that close the 23 achievement gap between high-performing and low-performing students, including 24 the gap between economically disadvantaged students and their peers; 25 B. Effective models of summer success programs that improve student achievement, 26 including model programs that involve networking and partnerships with community- 27 based organizations that provide a range of high-quality services to support student 28 learning and development. In order to partner with a summer success program, a 29 community-based organization must be exempt from federal income taxation under 30 the United States Internal Revenue Code of 1986, Section 501(a), pursuant to the 31 United States Internal Revenue Code of 1986, Section 501(c)(3); and 32 C. Implementation of the formative and summative assessment methods used by a 33 school administrative unit during the school year to measure student achievement in 34 order to monitor the progress of students in that school administrative unit who are 35 participating in the summer success programs. 36 2. Approval. A summer success program may be offered by a school administrative 37 unit with the approval of the commissioner. The commissioner may inspect a summer 38 success program, after which the commissioner shall approve and grant a certificate to a 39 school that maintains approval standards under subsection 1. The department shall pay 40 the expense of the inspection.

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