An Act To Amend the Elementary School Closing Process for School Administrative Districts and Community School Districts
Maine Legislature, Session 122, LD 1867
Committee: Education and Cultural Affairs
Sponsors: STEDMAN, FINCH
Amends: 20-A MRSA §1407, 20-A MRSA §4102

Legislative Document 
No. 1867 
H.P.1307 
House of Representatives, January 3, 2006 
An Act To Amend the Elementary School Closing Process for School 
Administrative Districts and Community School Districts 
Submitted by the Department of Education pursuant to Joint Rule 204. 
Received by the Clerk of the House on December 28, 2005. Referred to the Committee on 
Education and Cultural Affairs pursuant to Joint Rule 308.2 and ordered printed pursuant to 
Joint Rule 401. 
Presented by Representative STEDMAN of Hartland. 
Cosponsored by Representative: FINCH of Fairfield. 
Printed on recycled paper 
'-7r/~ frl.1lldC~ 
MILUCENT M. MacFARLAND 
Clerk 
Be it enacted by the People of the State of Maine as follows: 
Sec. I. 20-A MRSA §1407. sub-§I, as amended by PL 1999, c. 
206, §1, is further amended to read: 
1. 
Vote; cost of election. 
Aa If the school board is 
presented with a successful petition pursuant to section 4102, 
S 
subsection 4, 
paragraph A, 
an elementary school in a 
member 
municipality of a 
school administrative 
district may 
ae~ be 
closed pursuant to section 4102, subsection 3 
~a*ess only if the 
voters in the member 
town vote 
on the following article in 
accordance with the procedure set forth in sections 1351 to 1354. 
IS 
"Article 
Administrative 
close 
Shall 
the 
board of directors 
of 
School 
District 
No. 
be 
authorized 
to 
? 
(name of school) 
Yes 
No 
f~he--&~~~a-~--~--eeaa~e~ea-~a~Y-~~~~-~~~--ffieffiseF 
ffi~aie~pal~~YT-aaa-~Be-~~~~-~-~~~~~~~~~~-by-~he 
ais~F~et:Tf 
The 
election 
must 
be 
conducted 
municipality, and the costs of the 
district. 
only 
within 
election are 
that 
borne 
member 
by the 
Sec. 2. 20-A MRSA §4102. sub-§4, as amended by PL 1987, c. 
737, Pt. C, §§53 and 106 and PL 1989, c. 6; c. 9, §2; and c. 104, 
Pt. C, §§S and 10, is further amended to read: 
4. 
Voter approval. 
8efG.~-a 11 school board may close a 
school building pursuant to subsection 3, v9teF-appF9val-shall-se 
9st:aiaea-as-'el*9ws subject to the following. 
A. 
Elementary schools in school administrative districts 
and community school districts may be closed without voter 
approval unless the school board is presented within 30 days 
of the school board' s decision to close the school with a 
written petition signed by at least 10% of the number of 
voters in the municipality in which the school is located 
who 
voted 
at 
the 
last 
gubernatorial 
election. 
If 
a 
successful petition is presented to the school board, then 
the school may only be closed if approved by the voters in 
accordance with section 1407 and section 1751, subsection 5. 
B. 
Secondary schools in school administrative districts and 
community 
school 
districts 
and 
either 
elementary 
or 
secondary schools in other school administrative units may 
Page l-LR3022(1) 
be closed without voter approval, unless the school board is 
presented wi th a wr i t ten petition, wi thin 30 days of the 
board's decision to close the school, by 
10~ of the number 
of voters in the school administrative unit who voted at the 
last gubernatorial election, then a special referendum shall 
be 
called pursuant to: 
(1) 
Section 1351 for school administrative districts; 
(2) 
Title 30-A, sections 2528 to 2532, for community 
school districts, except the school board shall issue a 
warrant specifying that the municipalities within the 
district place the petitioned article on the ballot, 
and shall prepare and furnish the required number of 
ballots for carrying out the election; and 
(3) 
Title 
21-A 
and Title 
30-A, 
respectively, 
for 
cities and towns. 
C. 
The article to be used shall be substantially in the 
following form: 
"Article: 
Shall the school committee of 
(name of town) 
(the board of directors of School Administrative District 
No. 
) be authorized to close 
? 
(name of school) 
Yes 
No 
The additional cost of keeping the school open has been 
estimated by the school committee (board of directors) to be 
$ 
SUMMARY 
This bill eliminates the requirement for a referendum vote 
in a member municipality of a school administrative district or 
community school district where the school board has voted to 
close an elementary school. 
A referendum vote could still be 
triggered by a petition signed by 10% of the number of voters in 
the affected municipality who voted in the last gubernatorial 
election.