An Act To Provide the Voters of a Municipal School Unit with the Full Right of Petition and Redress in Local School CODDllittee Decisions Further amend the bill by striking out everything after the enacting clause and before the summary and inserting in its place the following: Sec. 1. 20-A MRSA §1005 is enacted to read: §l005. Direct initiative of school committee policies by voters or people's veto of school committee policies The voters of a municipal school unit may seek to establish a petition procedure for a direct initiative of school committee policies or for a people's veto of school committee policies in accordance with this section and pursuant to the provisions for adopting or amending a municipal charter under Title 30-A, chapter III and pursuant to any local municipal charter provisions established for amending the municipal charter. 1. Petition by voters. By written petition filed with the municipal officers in accordance with Title 30-A, section 2104, the registered voters of a municipal school unit may present a proposed amendment to the municipal charter to: Page l-LRI042(2) COMMITTEE AMENDMENT
Maine Legislature, Session 121, LD 0203
Committee Amendment CA_A_H460 (House)
Amends: 20-A MRSA §1005

COMMITTEE AMENDMENT .. n 
. to H.P. 162, 
Act to Establish the Full Right of Petition 
School Board Decisions" 
L • D . 
0 3 , Bill , 
"An 
and Redress in Local 
Amend the bill by striking out the title and substituting 
the following: 
'An Act To Provide the Voters of a Municipal School Unit with the 
Full Right of Petition and Redress in Local School CODDllittee 
Decisions' 
Further amend the bill by striking out everything after the 
enacting clause and before the summary and inserting in its place 
the following: 
'Sec. 1. 20-A MRSA §1005 is enacted to read: 
§l005. 
Direct initiative of school committee policies by voters 
or people's veto of school committee policies 
The voters of a municipal school unit may seek to establish 
a petition procedure for a direct initiative of school committee 
policies or for a people's veto of school committee policies in 
accordance with this section and pursuant to the provisions for 
adopting 
or 
amending 
a 
municipal 
charter 
under Title 
30-A, 
chapter 
III 
and 
pursuant 
to 
any 
local 
municipal 
charter 
provisions established for amending the municipal charter. 
1. 
Petition by voters. 
By written petition filed with the 
municipal officers in accordance with Title 30-A, section 2104, 
the registered voters of a municipal school unit may present a 
proposed amendment to the municipal charter to: 
Page l-LRI042(2) 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT '#" to H,P. 162. L.D. 203 
A. 
Provide a process for the direct initiative of school 
committee policies in which registered voters may present to 
the school committee for its adoption any proposed rule, 
ordinance or other statement of school committee policy, 
except that this proposed rule, ordinance or other statement 
may not pertain to staffing. salary or any other personnel 
matters or any budgetary matters; and 
B. 
Provide 
a 
process 
for 
the people's veto of 
school 
committee policies in which the registered voters of 
a 
municipal school unit may request that one or more rules, 
ordinances or other statements of school committee policy or 
part 
thereof. 
except 
for 
rules. 
ordinances 
or 
other 
statements of school committee policy or part thereof that 
pertains to staffing, salary or any other personnel matters 
or any budgetary matters. approved by the school committee 
but not then in effect. be referred to the voters of the 
municipal school unit for their approval. 
2. 
Petition procedures. 
The following procedures apply for 
a petition filed by voters pursuant to subsection 1 to invoke a 
municipal charter process for the purposes of establishing the 
procedures for direct initiatives of school committee policies or 
for people's vetoes of school committee policies: 
A. 
The petition procedures and the submission of a petition 
to voters of a municipality that seek to invoke a municipal 
charter 
process 
for 
the 
direct 
initiative 
of 
school 
committee policies or 
for 
the people's veto of 
school 
committee policies must follow the procedures described in 
Title 30-A. sections 2104 and 2105; 
B. 
Notwithstanding Title 30-A. section 2105. the question 
to be submitted to the voters must be in substance as 
follows: 
"Should the voters of 
school unit be allowed to 
decide school unit policy through direct initiative and 
people's veto?"; 
C. 
The 
municipal 
charter 
provisions 
related 
to 
the 
authority to provide for the direct initiative of school 
committee policies or 
for 
the people's 
veto of 
school 
committee policies must be in conformity with all applicable 
state laws and provide: 
(1) That the registered voters of the municipal school 
unit have the power 
to propose 
any school policy, 
except a policy appropriating money. involving any bond 
ordinance. authorizing the levy of taxes or dealing 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT .. /1. to H.P. 162, L.D. 203 
with the selection, 
removal or discipline of school 
personnel, 
and to adopt or reject the 
same at the 
polls; and 
(2) That the registered voters of the municipal school 
unit have the power to approve or reject at the polls a 
school 
policy 
passed 
by 
the 
school 
committee 
or 
submitted to a vote of the registered voters of the 
school 
unit, 
except 
a 
policy 
appropriating 
money, 
involving any bond ordinance, authorizing the levy of 
taxes 
or 
dealing 
with 
the 
selection, 
removal 
or 
discipline of school personnel, and to adopt or reject 
the Same at the polls; 
D. 
The municipal charter provision must contain language 
requiring 
that 
school 
policy 
initiative 
or 
referendum 
processes 
be 
substantially 
in 
the 
same 
form 
as 
the 
initiative or referendum process requirements of municipal 
ordinances within the municipality and as governed by all 
applicable state law or local municipal charter, whichever 
governs the municipality. 
The rights and responsibilities 
of the 
school 
committee 
are 
the 
same 
as 
the municipal 
officers 
with 
regard 
to 
consideration 
of 
a 
certified 
initiative or referendum petition; and 
E. 
A school policy proposed by initiative or the subject of 
a referendum petition must be submitted to the voters in the 
municipal 
school 
unit 
at 
the 
next 
regularly 
scheduled 
municipal election as long as the election is not less than 
days nor more than 6 months from the date on which the 
school committee takes its final vote on the policy. 
The 
school 
committee may, 
in its discretion, 
provide for 
a 
special election within this period of time. 
3. 
Emergency override prov~s~on. 
The school committee has 
the power to override any school policy adopted, 
amended or 
rejected by the voters of the municipal school unit as long as: 
A. 
The school committee declares that an emergency exists 
such that the adoption, amendment or rejection of the school 
policy jeopardizes the health, safety or welfare of students 
in 
academic 
or 
extracurricular 
programs 
or 
places 
the 
municipal 
school 
unit 
in 
substantial 
and 
persistent 
violation of federal or state law; 
B. 
The override is made on an individual case-by-case basis 
in the application of the school policy; and 
C. 
The override is approved by a 
vote of the school 
committee members present and voting .• 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT .. {}, to H.P. 162, L.D. 203 
SUMMARY 
This amendment is the minority report of the Joint Standing 
Committee 
on 
Education 
and Cultural Affairs. 
The 
amendment 
strikes and replaces the bill title and the bill to limit the 
right of petition and redress in local school board decisions 
to 
the voters in a municipality that has a municipal school unit. 
Under this amendment, the right of petition and redress in local 
school committee decisions is a local option available to the 
voters in a municipality that has a municipal school unit form of 
school 
governance. 
The 
amendment 
proposes 
the 
following 
provisions to accomplish this purpose: 
1. 
It provides that the voters in a municipality that also 
has a municipal school unit may use the provisions of the Maine 
Revised Statutes, Title 30-A, chapter III to adopt or amend a 
municipal charter to establish a direct initiative and people's 
veto process regarding the establishment, amendment or repeal of 
a limited scope of school committee policies; 
2. 
It provides that the direct initiative and people's veto 
process regarding school committee policies may not apply to 
policies that pertain to staffing, salary or any other personnel 
matters or any budgetary matters; and 
3. 
It provides an emergency override provision for the 
school 
committee 
of 
a 
municipal 
school 
unit. 
The 
school 
committee has the power to override any school policy adopted, 
amended or rejected by the voters of the municipal school unit 
provided that the school committee declares an emergency, that 
such override is approved on an individual case-by-case basis in 
the application of the school policy and that such override is 
approved by a 2/3 vote of the school committee members present 
and voting. 
FISCAL :\OTf: RF.QURED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 05/14/03 ;t;pac. 
12lst Maine Legislature 
Office of Fiscal and Program Review 
LD203 
An Act to Provide the Voters of a Municipal School Unit with the Full 
Right of Petition and Redress in Local School Committee Decisions 
LR 1042(02) 
Fiscal Note for Bill as Amended by Committee Amendment" " 
Committee: Education and Cultural Mfairs 
Fiscal Note Required: Yes 
Fiscal Note 
Current Cost - State Mandate 
State Mandate 
New or Expanded Activity 
Unit Affected 
This legislation adds to the type of issues that a municipality is required to address 
Municipality 
through an initiated petition process to amend its municipal charter. Although the 
procedure to amend a municipal charter is established in 30-A MRSA c. 111, 
requiring a municipality to utilize the process for issues related to changes in school 
board policies other than staffing, salary, and other personnel matters or any 
budgetary matters is an expanded activity for the municipality and is a state 
mandate. 
LR1042(2) - Fiscal Note - Page 1 of 1 
Costs 
Significant