An Act to Establish the Full Right of Petition and Redress in Local School Board Decisions
Maine Legislature, Session 121, LD 0203
Committee: Education and Cultural Affairs
Sponsors: GLYNN, ANDREWS

Legislative Document 
No. 203 
H.P.162 
House of Representati ves, January 21, 2003 
An Act to Establish the Full Right of Petition and Redress in Local 
School Board Decisions 
Reference to the Committee on Education and Cultural Affairs suggested and ordered 
printed. 
Presented by Representative GLYNN of South Portland. 
Cosponsored by Representative: ANDREWS of York. 
Printed on recycled paper 
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MILLICENT M. MacFARLAND 
Clerk 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 20-A MRSA §§1005 and 1006 are enacted to read: 
§1005. 
Direct initiative of school board policies by voters 
1. 
Petition procedure. 
By written petition filed with the 
superintendent, the registered voters of a school administrative 
unit may 
present to 
the 
school 
board for its adoption 
any 
proposed rule, 
ordinance or other statement of 
school 
board 
policy, 
except 
that this 
proposed 
rule, 
ordinance 
or 
other 
statement may not pertain to staffing or salary matters, 
any 
other personnel matters or any budgetary matters. 
The petition 
must be 
accompanied by a 
number of signatures of registered 
voters at least equal to 10% of the total number of votes for 
Governor cast in the school administrative unit at the last 
gubernatorial election preceding the filing of the petition. 
The 
date 
each 
signature 
was 
made 
must 
be written next 
to 
the 
signature on the petition, and a signature older than one year 
from the date the petition was filed is not valid. 
2. 
Referral to voters. 
A measure proposed under subsection 
1, unless adopted without change by the school board within 60 
days, 
must 
be 
submitted 
to 
the 
voters 
of 
the 
school 
administrative unit together with any substitute or recommended 
measure of the school board in a manner so that the voters can 
choose 
between 
the 
original 
measure, 
a 
substitute 
measure 
recommended by the school board, if any, 
and an option that 
rejects both of the measures. 
When there are competing measures 
and neither receives a majority but one receives at least 1/3 of 
the 
votes 
cast, 
the 
one 
receiving 
the 
most 
votes 
must 
be 
submitted to the voters by itself at another election in the 
school administrative unit, 
which 
may 
be 
a 
special election 
ordered by the officers of the municipality or municipalities 
that constitute the school administrative unit. 
The 2nd election 
must be held on a date not less than 60 days after the first 
vote. 
If the measure initiated is adopted by the school board 
without change within 60 days, it may not go to a referendum. 
3. 
Timing of elections. 
The municipal officers of the 
school administrative unit shall order any measure proposed to 
the school board as provided in this section but not approved by 
the school board without change to be referred to the people at 
the general or statewide election to be held in the November 
following the filing of the petition. 
4. 
Not applicable to budgets. 
This section does not apply 
to school budgets, including, but not limited to, a school budget 
subject to the provisions of section 1304, 1305, 1305-A, 1305-B, 
1701, 1701-A or 1701-B. 
§l006. 
People's veto of school board policies 
1. 
Petition procedure. 
By written petition filed with the 
superintendent, the registered voters of a school administrative 
unit may reguest that one or more rules, ordinances or other 
statements of school 
board policy or part or parts thereof, 
except for rules, ordinances or other statements of school board 
policy or part or parts thereof that pertain to staffing or 
salary matters, 
any other personnel matters or 
any budgetary 
matters, approved by the school board but not then in effect, be 
referred to the voters of the school administrative unit for 
their approval. 
The petition must be accompanied by a number of 
signatures of registered voters at least egual to 10°" of the 
total 
number 
of 
votes 
for 
Governor 
cast 
in 
the 
school 
administrative unit at the last gubernatorial election preceding 
the filing of the petition. 
The effect of any rule, ordinance or 
other statement of school board policy or part or parts thereof 
that are the subject of a petition under this section must be 
suspended by the school board upon the filing of a valid petition 
and 
may 
not 
take effect until 
days 
after 
the municipal 
pfficers of the school administrative unit have 
announced by 
public 
proclamation 
that 
the 
same 
have 
been 
ratified 
by 
a 
majority of the votes cast. 
2. 
Referral to electo:n;.A~ __ ~Q9~_as any rule~dinance or 
other statement of school board policy or part or parts thereof 
have been suspended by petition as provided in subsection 1, the 
municipal officers of the school administrative unit by public 
proclamation shall give notice of the petition and of the timE2 
when the measure is to be voted on. 
The vote must be at the next 
statewide 
election 
or 
at 
a 
special 
election called 
by 
the 
municipal officers if there is no statewide election wi thin 6 
months of receipt of the petition. 
3. Not applicable to budgets. 
This section does not apply 
to school budgets including, but not limited to, a school budget 
subject to the provisions of section 1304, 1305, 130S-A, 130S-B, 
1701, 1701-A or 1701-B. 
~ 
S~M~Y 
This bill provides for a direct initiative and people's veto 
process for school policies and rules, except those that pertain 
to staffing or salary matters, any other personnel matters or any 
budgetary matters, to be exercised by the voters of any school 
administrative unit. 
The processes established are similar to 
those available under the Constitution of Maine for initiation 
and veto of legislation by the voters of the State.