An Act To Ensure Public Accountability in the Delivery of Higher Education Services
Maine Legislature, Session 122, LD 1241
Committee: Education and Cultural Affairs
Sponsors: MITCHELL, DUPLESSIE, BRYANT, CLUKEY, COWGER, DAMON, DAVIS, DOW, EDMONDS, MARTIN, PLOWMAN, RA YE, STRIMLING, BROWNE, FINCH, FISCHER, GERZOFSKY, LERMAN, MARRACHE, MOODY, NORTON, PATRICK, RINES, STEDMAN, TARDY, THOMPSON

Legislative Document 
No. 1241 
S.P.425 
In Senate, March 10, 2005 
An Act To Ensure Public Accountability in the Delivery of Higher 
Education Services 
(EMERGENCY) 
Reference to the Committee on Education and Cultural Affairs suggested and ordered 
printed. 
Presented by Senator MITCHELL of Kennebec. 
Cosponsored by Representative DUPLESSIE of Westbrook and 
JOY J. O'BRIEN 
Secretary of the Senate 
Senators: BRYANT of Oxford, CLUKEY of Aroostook, COWGER of Kennebec, DAMON of 
Hancock, DAVIS of Piscataquis, DOW of Lincoln, President EDMONDS of Cumberland, 
MARTIN of Aroostook, PLOWMAN of Penobscot, RA YE of Washington, STRIMLING of 
Cumberland, Representatives: BROWNE of Vassalboro, BRYANT of Windham, FINCH of 
Fairfield, FISCHER of Presque Isle, GERZOFSKY of Brunswick, LERMAN of Augusta, 
MARRACHE of Waterville, MOODY of Manchester, NORTON of Bangor, PATRICK of 
Rumford, RINES of Wiscasset, STEDMAN of Hartland, TARDY of Newport, THOMPSON 
of China. 
Plinted on recycled paper 
Emergency preamble. Whereas. acts of the Legislature do not 
become effective until 90 days after adjournment unless enacted 
as emergencies; and 
Whereas. access to higher education represents the future of 
the State; and 
Whereas. it is imperative that the State help its citizens 
acquire degrees of higher learning; and 
Whereas. in order to achieve this goal the State must ensure 
that the University of Maine System is equipped with the means to 
provide education services in the most cost-efficient manner 
possible without sacrificing its mission of quality; and 
Whereas, in an effort to ensure the continued strength of 
the University of Maine System and its campuses, the Board of 
Trustees 
of 
the 
University 
of 
Maine 
System 
has 
crafted 
a 
strategic plan that contains the board' s vision, strategies and 
recommendations for academic and administrative restructuring of 
the University of Maine System; and 
Whereas, the strategic plan endorsed by the trustees has 
far-reaching implications; and 
Whereas. because it is the Legislature that has the ultimate 
accountability to the public for the direction and mission of the 
University of Maine System, it is necessary that the Legislature 
be given the opportunity to review and approve the strategic plan 
~o 
prior to the implementation of the plan; and 
Whereas, in the judgment of the Legislature, these facts 
create an emergency wi thin the meaning of the Constitution of 
Maine 
and 
require 
the 
following 
legislation 
as 
immediately 
necessary for the preservation of the public peace, health and 
safety; now, therefore, 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 20·A MRSA §10909 is enacted to read: 
§l0909. 
Restructuring plans; review and approval by Legislature 
Notwithstanding any other provision of law, including, but 
not limited to, Private and Special Law 1865, chapter 532, 
as 
amended, the trustees may not finally adopt or implement any plan 
to reorganize the academic or administrative structure of the 
university, referred to in this section as "the restructuring 
Page l-LR0728(1) 
plan," unless the trustees su_bmit the restructuring plan to the 
Legislature for review in accordance with this section. 
1. 
Submission. 
The trustees shall submit the restructuring 
plan to the joint standing committee of the Legislature having 
jurisdiction over 
education matters 
together 
with 
any 
other 
information that the committee may reguire. 
2. Review; legislation. 
The joint standing committee of the 
Legislature 
having 
jurisdiction over 
education matters 
shall 
review the restructuring plan and may report out legislation 
approving or disapproving the restructuring plan. 
The review of 
the restructuring plan must be conducted as follows. 
,.H) 
'18 
A. 
After 
the 
submission 
of 
a 
restructuring 
plan 
in 
accordance with subsection L 
the Legislature, through the 
joint 
standing 
committee 
of 
the 
Legislature 
having 
jurisdiction over education matters, shall conduct a review 
and evaluation of the submitted material and conduct on-site 
visits as necessary to complete the review. 
B. 
The committee review of the restructuring plan shall 
address the following issues: 
(1) 
Acc~s~p~affordability for eligible students, 
including financial access and geographic access; 
(2) 
Community and economic development, including the 
impact of social, economic and cultural resources on 
the communities surrounding each institution within the 
university; 
ilL_ Enrollment management, including the capacity of 
other public postsecondary institutions in the State to 
meet the demand for increased enrollment; 
(4) 
Identified savings and poten_tial increased costs 
for plan implementation; and 
-.lS) 
Quality and scope of academic programs, 
the 
elimination 
of 
existing 
programs 
establishment of new programs. 
including 
and 
the 
The 
committee 
may 
add additional issues or areas 
to be 
addressed should the addition of such issues be useful in 
providing 
the 
Legislature 
with 
an 
overview 
of 
the 
implications of the restructuring plan or the operation of 
the university. 
C. 
The joint standing committee of the Legislature having 
jurisdiction over educati_Qn matters shall prepare a report 
detailing the facts based upon a review of the materials 
submitted by the trustees as part of the restructuring plan 
and the review of information obtained by the joint standing 
committee 
of 
the 
Legislature 
having 
jurisdiction 
over 
education matters in its evaluation of the restructuring 
plan 
as 
described 
in 
paragraph 
B. 
The 
report 
and 
recommendation 
of 
the 
joint standing 
committee 
must 
be 
presented to 
the 
Legislature. 
The 
report of 
the 
joint 
standing 
cOlmnittee 
must 
include 
a 
recommendation 
as 
to 
whether the restructuring plan should be authorized by the 
Legislature. 
3. Impleme_P-tgtiQn of PJ.IDl ..... __ 
T""h~e"-
tr1Jstees may implement the 
restructuring plan only after legislation approving 
the plan 
takes effect. 
4. Application; slMiPension of plans. 
This section applies 
to any restructuring plan developed or adopted by the trustees 
after September 1, 2004. 
Any plan in existence on the effective 
date of this section to which this section applies that has not 
satisfied the requirements of this section is suspended and may 
not be implemented until the requirements of this section have 
been met. 
Emergency clause. 
In view of the emergency cited in the 
preamble, this Act takes effect when approved. 
JO 
SUMMARY 
This 
bill 
requires 
that 
prior 
to 
final 
adoption 
or 
implementation of any restructuring plan, the Board of Trustees 
of 
the 
University 
of 
Maine 
System 
must 
first 
submit 
the 
restructuring 
plan 
to 
the 
joint 
standing 
committee 
of 
the 
Legislature having jurisdiction over education matters, which has 
the authority to report out legislation to approve or reject the 
restructuring plan. 
As 
emergency 
legislation, 
this 
bill 
applies 
to 
any 
restructuring plan developed or adopted by the Board of Trustees 
of the University of Maine System after September 1, 2004; and 
the requirements of any such plan are suspended and may not be 
implemented until legislation approving the restructuring plan 
takes effect.