An Act To Encourage Cooperation between School Districts
Maine Legislature, Session 122, LD 0443
Committee: State and Local Government
Sponsors: BOWEN, BARSTOW, BISHOP, DAVIS, FISCHER, MERRILL, STEDMAN
Amends: 5 MRSA §12004-I

Legislative Document 
No. 443 
H.P.328 
House of Representati ves, January 27, 2005 
An Act To Encourage Cooperation between School Districts 
Reference to the Committee on State and Local Government suggested and ordered printed. 
Presented by Representative BOWEN of Rockport. 
7Jf~ 
1?1.7l!~ 
MILLICENT M. MacFARLAND 
Clerk 
Cosponsored by Representatives: BARSTOW of Gorham, BISHOP of Boothbay, DAVIS of 
Falmouth, FISCHER of Presque Isle, MERRILL of Appleton, STEDMAN of Hartland. 
Printed on m.::yded pupt"r 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 5 MRSA §12004-I, sub-§75-D is enacted to read: 
75-D. 
State 
Government 
Educational 
Efficiency 
Advisory 
~ 
Legislative 
Per Diem 
and Expenses 
for Legis-
lators and 
Expenses Only 
for Certain 
Members 
Sec. 2. 30-A MRSA c.116 is enacted to read: 
CHAPTER 116 
I.NTERGOVERRMENTAL EDUCATION COOPERATION 
§2221. Educationa1 Efficieney Advisory Group 
The Educational Efficiency Advisory Group, 
established by 
Title 5, section l2004-I, subsection 75-D and referred to in this 
chapter as "the advisory group," shall work on ways to improve 
communication 
and 
cooperation 
between 
schools, 
school 
administrative 
units 
and 
other units 
of 
local 
and 
regional 
government and promote efficient and cost-effective delivery of 
education services for children in this State. 
1. 
Advisory group membership. 
The advisory group consists 
of the following 17 members: 
A. 
Two members of the Senate, one of whom must be from the 
majority party and one of whom 
must be 
from the party 
holding the 
2nd-largest number 
of seats in the Senate, 
appointed by the President of the Senate; 
B. 
Two members of the House of Representatives, one of whom 
must be from the majority party and one of whom must be from 
the party holding the 2nd-largest number of seats in the 
House, appointed by the Speaker of the House; 
C. 
The Commissioner of Education or 
a 
designee of the 
commissioner; 
D. 
The Director of the State Planning Office within the 
Executive Department or a designee of the director; 
E. Two members representing elected school boards, appointed 
by the Governor from a list of nominees provided by the 
Maine School Board Association; 
Page l-LR0393(1) 
F. 
Two 
members 
representing 
superintendents 
of 
schools, 
appointed by the Governor from a list of nominees provided 
by an association of Maine school superintendents; 
G. Two members representing school principals, appointed by 
the 
Governor 
from 
a 
list of 
nominees 
provided 
by 
the 
professional division of the Maine Principals' Association; 
H. Two members representing kindergarten to grade 12 public 
school teachers, appointed by the Governor from a list of 
nominees provided by the Maine Education Association; 
I. 
Two 
members 
of 
the 
public 
who 
have 
experience 
or 
expertise in the areas of educational research or programs, 
intergovernmental 
relations, 
public 
service 
delivery 
or 
systems integration, appointed by the Governor; and 
J. One member who is a parent of a student in a public 
school with a student population of less than 300, appointed 
by the Governor. 
In selecting members of the advisory group, the Governor shall 
make every effort to ensure that different regions of the State 
are represented and that schools, school administrative units and 
municipalities of various sizes are fairly represented. 
2. 
Chairs. 
The members of the advisory group shall elect 
from their membership a chair or chairs of the advisory group. 
3. 
Terms of a:epointment. 
The terms of appointment are as 
follows. 
A. 
Of the initial gubernatorial appointments, 4 must be for 
terms of 3 years, 4 must be for terms of 2 years and 3 must 
be for terms of one year as determined by the Governor. 
B. 
Subsequent gubernatorial appointments must be for terms 
of 3 years, except that if a member is unable to complete 
the term, the Governor shall appoint a person to serve out 
the remainder of the unexpired term. 
C. 
The term for an elected official must be for the term of 
office of the person appointed. 
D. 
A member who is a gubernatorial appointee may not serve 
for more than 6 years, except that a member may continue to 
serve until a replacement is designated. 
4. 
Duties. 
The advisory group shall: 
A. 
Study ways to reduce duplication and improve efficiency 
between schools, school administrative units and other units 
of local government; 
B. Promote communication, cooperation and efficient delivery 
of education services. 
This duty includes collecting data 
and reporting on current efforts by 
schools 
and 
school 
administrative 
units 
to 
control 
costs 
and 
improve 
efficiencies; 
C. 
Design and propose processes by which the State may 
offer 
guidance, 
technical 
support 
and 
incentives 
to 
encourage efficiency of education service delivery; 
D. 
Work with schools, school administrative units and other 
units of local government to design and implement pilot 
programs that result in cost savings or improved services; 
E. Identify efficient and effective management practices and 
make this information available to the public; 
F. 
Propose legislation for submission to the Legislature on 
or 
before 
December 
1st 
annually 
to 
implement 
any 
recommendations of the advisory group; and 
G. 
Report 
to 
the 
joint 
standing 
committee 
of 
the 
Legislature 
having 
jurisdiction 
over 
education 
matters 
annually in January on the activities and effectiveness of 
the advisory group and recommend changes, if any, to the 
advisory group's organizational structure. 
5. 
Meetings. 
The advisory group shall meet at least 4 
times a year and may not meet more than 8 times a year. 
6. 
Quorum; actions. 
A quorum is a majority of the members 
of the advisory group. 
A concurring vote of a majority of the 
members present at a meeting is required for any action. 
7. 
Attendance. 
If a member of the advisory group fails 
more than one time to notify the chair about an absence from a 
meeting, 
the 
original 
appointing 
authority 
may 
appoint 
a 
replacement for that member. 
8. 
Staff assistance. 
The 
Department of Education shall 
provide staff and support services for the advisory group from 
within existing resources of the department. 
9. 
Funding. 
The advisory group is authorized to seek, 
accept and expend funding to carry out the advisory group's 
program activities, subject to approval by the joint standing 
commi ttee of the Legislature having jurisdiction over education 
matters. 
All funds accepted must be forwarded to the Executive 
Director of the Legislative CounciL 
who shall administer any 
funds received by the advisory group. 
10. 
Compensation. 
Legislative 
members 
of 
the 
advisory 
group are entitled to receive the legislative per diem as defined 
in Title 3, section 2 and reimbursement for expenses according to 
Title 5, section l2004-L subsection 75-D. 
Public members not 
otherwise compensated by their employers or other entities that 
they represent are entitled to receive reimbursement of necessary 
expenses incurred for their attendance at authorized meetings of 
the advisory group. 
Sec. 3. Report on strategies to deal with rising fixed costs for schools 
and school administrative units. 
The Educational Efficiency Advisory 
Group established in the Maine Revised Statutes, Title 30-11., 
section 2221 shall undertake a study of rising costs over which 
local school administrative units and municipalities have little 
direct control, including, but not limited to: 
1. 
Employee health insurance and other costs related to 
employee benefits; 
2. 
Worker's compensation and other employee-related costs; 
3. 
Liability and other insurance-related costs; 
4. 
Fuel and other energy-related costs; 
5. 
Maintenance and other facility-related costs; 
6. 
The system of :j.earning results as established in Title 
20-11., section 6209 and local assessment and other costs related 
to state mandates; and 
7. 
The costs associated with the federal No 
Child Left 
Behind Act of 2001, special education and other federal mandates. 
The Educational Efficiency Advisory Group shall prepare and 
submit a report by March 1, 2006 to the Second Regular Session of 
the 122nd Legislature containing its findings and recommendations 
with regard to strategies for controlling the costs specified in 
subsections 1 to 7. 
Sec. 
4. 
Appropriations 
and 
allocations. 
The 
following 
appropriations and allocations are made. 
LEGISLATURE 
Legislature 
Initiative: 
Provides funds for the per diem and expenses of the 
legislative members of the Educational Efficiency Advisory Group. 
GENERAL FUND 
Personal Services 
All Other 
GENERAL FUND TOTAL 
Legislature 
2005-06 
$880 
$1,680 
2006-07 
$880 
$1,680 
Initiative: 
Allocates 
funds 
in 
the 
event 
that 
additional 
dedicated revenue is received to carry out the advisory group IS 
program activities. 
OTIIER SPECIAL REVENUE FUNDS 
2005-06 
2006-07 
Personal Services 
$500 
$500 
OTHER SPECIAL REVENUE FUNDS TOTAL 
$500 
$500 
LEGISLATURE 
DEPARTMENT TOTALS 
2005-06 
2006-07 
GENERAL FUND 
$1,680 
$1,680 
OTIIER SPECIAL REVENUE FUNDS 
DEPARTMENT TOTAL -
ALL FUNDS 
$2,180 
$2,180 
SUMMARY 
This bill establishes the Educational Efficiency Advisory 
Group to foster communication and cooperation between schools, 
school administrative units and other units of local and regional 
government and to promote efficient and cost-effective delivery 
of education services for children in Maine.