An Act Regarding the Wells-Ogunquit Community School District
Maine Legislature, Session 122, LD 1397
Committee Amendment CA_A_S272 (Senate)

COMMITTEE AMENDMENT ,A" to S.P. 486, L.D. 
Regarding the Wells-Ogunquit Community School 
1397, Bill, 
District" 
"An 
Amend the bill by striking out everything after the enacting 
clause and before the summary and inserting in its place the 
following: 
'Sec. 1. P&SL 1979, c. 45, §6, sub~§3, as enacted by P&SL 1999, 
c. 83, §1, is amended to read: 
3. 
For fiscal year 2002-03 and subsequent fiscal years, 
66.7% of the total will be assessed between the towns in the same 
proportion as the state valuation of each town, 
for the year 
preceding the year to which the budget applies, bears to the 
total valuation for both towns and 33.3% of the total will be 
assessed in the same proportion as the average number of resident 
pupils of each town, as provided in subsection 1 for the year 
preceding the year to which the budget applies, bears to the 
total number of resident pupils for both towns. 
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COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ~, to S.P. 486, L.D. 1397 
Sec.2. P&SL 1979, c. 45, §6, sub-§4 is enacted to read: 
4. 
It is the intent of the Legislature to provide full and 
adequate facilities for the settlement of the dispute between the 
Town of Ogunquit and the Town of Wells or their representatives, 
referred to in this subsection as "the parties," regarding the 
formula 
for 
computing 
each 
town's 
assessment 
for 
the total 
expenses of the Wells-Ogunquit Community School District. 
If, 
within 30 days of the effective date of this subsection, the 
towns are unable to agree to their mutual satisfaction on a 
change to the formula for apportionment of kindergarten to grade 
education costs by separate majority vote in each town in 
accordance with subsection 3, then the formula for apportionment 
of these costs for fiscal year 2007-08 and subsequent fiscal 
years must be determined in accordance with the following. 
A. 
Within 45 deys of the effective date of this subsection, 
a knowledgeable 3rd party with expertise in education policy 
must 
be 
selected 
by 
the 
Commissioner 
of 
Education 
in 
accordance 
with 
the 
provisions 
in 
the 
Maine 
Revised 
Statutes, Title 20-A, section 1301, subsection 4, paragraph 
C. 
The 
knowledgeable 3rd party shall provide technical 
assistance to the parties, the mediators and the arbitrator 
in determining the most equitable method of computing each 
town's assessment for the total expenses of the community 
school 
district 
and 
shall 
also 
provide 
an 
impartial 
assessment of the education policy considerations for all 
kindergarten 
to 
grade 
students 
residing within 
the 
Wells-Ogunquit Community School District. 
B. 
Within 30 days of the selection of the knowledgeable 3rd 
party, the parties shall agree to a process to select a 
mediator or mediators to settle the dispute. 
The costs for 
mediation services and expenses incurred by the mediator or 
mediators may be shared equally by the parties. 
In addition 
to the 30 deys referred to in this paragraph, the parties 
have 
more days to select a mediator to their mutual 
satisfaction. 
The 
mediator or mediators 
selected shall 
exert every reasonable effort to encourage the parties to 
settle their dispute. 
If the parties. with or without the 
services of the mediator or mediators and the knowledgeable 
3rd party, are able to agree to their mutual satisfaction on 
a 
formula for apportionment of kindergarten to grade 12 
education costs. 
then that formula for 
apportionment of 
these costs must be in effect for fiscal year 2007 08 and 
subsequent fiscal years. 
If the parties. with or without 
the 
services 
of 
the 
mediator 
or 
mediators 
and 
the 
knowledgeable 3rd party, are unable to effect a settlement 
of their dispute within 45 days of the selection of the 
mediator 
or 
mediators. 
it is 
then 
the 
duty 
of 
the 
COMMITTEE AMENDMENT 
'~ 
~~ 
COMMITTEE AMENDMENT .~. to S.P. 486, L.D. 1397 
mediator 
or 
mediators 
to 
advise 
the 
parties 
of 
the 
arbitration proceeding, 
which will result in a 
binding 
determination of their dispute. At this time and within 15 
days after the 45-day period has ended, the mediator or 
mediators shall submit a written report to the Commissioner 
of Education stating the action or actions that have been 
taken and the results of their endeavors. 
C. Within 45 days of receiving the report of the mediator or 
mediators, the Commissioner of Education shall arrange for 
arbitration services and recommendations to be provided by 
the State Board of Arbitration and Conciliation to begin an 
arbitration proceeding, 
which will 
result in 
a 
binding 
determination of the dispute. 
The costs for arbitration 
services and expenses incurred by the arbitrator must be 
shared equally by the parties. 
If the dispute is not 
resolved by the parties themselves, 
the arbitrator shall 
meet with the parties either jointly or separately, make 
inquiries and investigations, hold hearings or take other 
steps considered appropriate in accordance with the rules 
and 
procedures 
of 
the 
State 
Board 
of 
Arbitration 
and 
Conciliation. 
All 
documentary 
evidence 
and 
other 
data 
considered relevant by the arbitrator may be received in 
evidence. 
The arbitrator shall make a binding determination 
for the apportionment of kindergarten to grade 12 education 
costs no later than November 30, 2006, and the formula for 
apportionment of these costs must be in effect for fiscal 
year 2007-08 and subsequent fiscal years. 
The results of 
all arbitration proceedings and the determination reached 
under this subsection must be filed with the Commissioner of 
Education 
simultaneously 
with 
the 
submission 
of 
the 
determination to the parties. 
In the event the parties 
settle their dispute during the arbitration proceeding, the 
arbitrator 
shall 
submit 
a 
report 
of 
the 
arbitration 
proceeding and the actions that have been taken to the 
Commissioner of Education not more than 5 days after the 
arbitration proceeding has terminated. 
Sec. 3. P&SL 1979, c. 45, §6, as amended by P&SL 1999, c. 83, 
§l, is further amended by adding at the end 3 new paragraphs to 
read: 
Notwithstanding subsection 3, after fiscal year 2002-03, the 
towns 
may 
agree to 
change 
the 
formula for 
apportionment of 
kindergarten to grade 12 education costs by separate majority 
vote in each town. 
Notwithstanding subsection 4, after fiscal year 2007-08, the 
towns 
may 
agree to 
change 
the 
formula for 
apportionment of 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT A 
.. to S.P. 486, L.D. 1397 
kindergarten to grade 12 education costs by separate majority 
vote in each town. 
A withdrawal 
from the community school district must be 
authorized by special act Of the Legislature upon terms contained 
in that special act. 
Sec. 4. Wells-Ogunquit Community School District State Mandate 
Account. 
The 
Wells-Ogunquit 
Community 
School District State 
Mandate 
Account is established as 
an Other 
Special 
Revenue 
account in the Miscellaneous Acts and Resolves program within the 
Department of Administrative and Financial Services to receive 
money from gifts, grants, bequests and donations in addition to 
money appropriated or allocated by the State for the purpose of 
providing funds to pay 90~ of the total costs associated with the 
mediation, arbitration and legal services necessary to resolve 
the 
issues 
concerning 
sharing 
the 
total 
expenses 
of 
the 
Wells-Ogunquit Community School District as required by this Act. 
Sec. 
5. 
Appropriations 
and 
allocations. 
appropriations and allocations are made. 
ADMINISTRATIVE AND FINANCIAL SERVICES, 
DEPARTMENT OF 
~scellaneous Acts and Resolves 
The 
following 
Initiative: 
Authorizes the distribution of any funds received 
for 
the 
purpose 
of 
paying 
90% 
of 
the 
total 
cost 
of 
a 
knowledgeable 3rd party with education policy expertise as well 
as the mediation, arbitration and legal services required to 
resolve the cost-sharing issues of the Wells-Ogunquit Community 
School District. 
O'XBER SPECIAL REVENUE FUJmS 
All Other 
OTHER SPECIAL REVENUE FUNDS TOTAL 
2005-06 
$72,000 
$72,000 
2006-07 
$0 
$0' 
SUMMARY 
This amendment is the minority report of the Joint Standing 
Committee 
on 
Education 
and Cultural Affairs. 
The 
amendment 
strikes and replaces the bill to require that the Wells-Ogunquit 
Community School District address the dispute between the Town of 
Wells and the Town of Ogunquit over the cost-sharing formula for 
the school district as follows: 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT A 
.. to S.P. 486, L.D. 1397 
1. 
The 
Commissioner 
of 
Education 
shall 
select 
a 
knowledgeable 3rd party with expertise in education policy to 
provide technical assistance to the parties, the mediators and 
the arbitrator in determining 
the 
most 
equitable 
method of 
computing each town's assessment for the total expenses of the 
community 
school district and 
to 
also 
provide 
an 
impartial 
assessment 
of 
the 
education 
policy 
considerations 
for 
all 
kindergarten 
to 
grade 
students 
residing 
within 
the 
Wells-Ogunquit Community School District; 
2. 
The Town of Wells and the Town of Ogunquit and their 
representatives shall enter 
into mediation 
to 
resolve their 
cost-sharing dispute; 
3. 
If the 2 parties fail to agree upon a 
cost-sharing 
formula with the assistance of mediation and the knowledgeable 
3rd party appointed by the Commissioner of Education, then the 
Commissioner 
of 
Education 
must 
arrange 
for 
an 
arbitration 
proceeding, which will result in a binding determination of the 
cost-sharing dispute between the Town of Wells and the Town of 
Ogunquit; 
4. 
The arbitrator shall make a binding determination for 
the apportionment of kindergarten to grade 12 education costs, 
which must be in effect for fiscal year 2007-08 and subsequent 
fiscal years; and 
5. 
The Town of Wells and the Town of Ogunquit must share 
equally 
in 
the 
costs 
of 
mediation 
and 
binding 
arbitration 
undertaken to resolve their cost-sharing dispute, 
and a state 
mandate 
account 
is 
established 
in 
the 
Department 
of 
Administrative 
and 
Financial 
Services 
to 
receive 
money 
from 
gifts, 
grants, 
bequests 
and 
donations 
in addition to 
money 
appropriated or 
allocated 
by 
the 
State 
for 
the 
purpose 
of 
providing funds to pay 90% of the total costs associated with the 
mediation, arbitration and legal services necessary to resolve 
the issues concerning the sharing of the total expenses of the 
Wells-Ogunquit Community School District. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 05/20105 ~ae 
LD 1397 
LR 1197(02) 
An Act Regarding the Wells-Ogunquit Community School District 
Fiscal Note for Bill as Amended by Committee Amendment ~, 
Committee: Education and Cultural Affairs 
Fiscal Note Required: Yes 
Minority Report 
Fiscal Note 
Current Cost - State Mandate 
2005-06 
2006-07 
Projections 
2007-08 
Appropriations/Allocations 
Other Special Revenue Funds 
State Mandate 
$72,000 
$0 
$0 
New or Expanded Activity 
Unit Affected 
Requiring the Town of Ogunquit and the Town of Wells to enter into mediation and, 
Municipality 
subsequently, binding arbitration if the two parties fail to come to an agreement on 
the cost-sharing issues of the Wells-Ogunquit Community School District is a 
mandate. The cost of this requirement is estimated to be approximately $80,000. 
Fiscal Detail and Notes 
Projections 
2008-09 
Costs 
$80,000 
$0 
This bill establishes the Wells-Ogunquit CSD State Mandate account as a dedicated account in the Miscellaneous Acts 
and Resolves program within the Department of Administrative and Financial Services to receive funds for the 
purpose of paying 90%, estimated to be approximately $72,000, of the total cost for a knowledgeable 3rd party with 
education policy expertise as well as for the mediation, arbitration and legal services required to resolve the cost-
sharing issues ofthe Wells-Ogunquit Community School District. In a letter to the Joint Standing Committee on 
Educational and Cultural Affairs dated May 11,2005, the Board of Selectmen of the Town of Ogunquit indicated that 
the Town would reimburse the State of Maine for any and all costs associated with the mediation and arbitration 
provisions of this legislation. If funds are not received from the Town of Ogunquit and General Fund appropriations 
or other funds are not provided sufficient to pay for at least 90% of the actual costs ofthis legislation, the Town of 
Ogunquit and the Town of Wells may not be required to implement this measure. 
Additional costs to the Department of Administrative and Financial Services to administer and distribute funds in thf 
Wells-Ogunquit CSD State Mandate account can be absorbed within existing budgeted resources. 
LR1197(2) - Fiscal Note - Page 1 of!