Maine Legislature, Session 122, LD 1193
Committee: Education and Cultural Affairs
Sponsors: MERRILL, NUTTING, CUMMINGS, FINCH, LANSLEY, STEDMAN, TRAHAN, DAVIS, EDMONDS, RA YE

Legislative Document 
No. 1193 
H.P.822 
House of Representatives, March 8, 2005 
RESOLUTION, Proposing an Amendment to the Constitution of 
Maine To Ensure Equal Access to Education for Children in All 
Parts of the State 
Reference to the Committee on Education and Cultural Affairs suggested and ordered 
printed. 
Presented by Representative MERRILL of Appleton. 
Cosponsored by Senator NUTTING of Androscoggin and 
17/~/J7.~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: CUMMINGS of Portland, FINCH of Fairfield, LANSLEY of Sabattus, 
STEDMAN of Hartland, TRAHAN of Waldoboro, Senators: DAVIS of Piscataquis, President 
EDMONDS of Cumberland, RA YE of Washington. 
Prin.ed on recycled paper 
Constitutional amendment. 
Resolved: 
Two 
thirds 
branch 
of 
the 
Legislature 
concurring, 
that 
the 
amendment to the Constitution of Maine be proposed: 
of 
each 
following 
Constitution, Art. vm, Pt. First, §§3 to 6 are enacted to read: 
Section 3. 
Equal access to good education. 
In any effort 
the State undertakes to aid local public schools it must provide 
for distribution of that aid among the various schools and school 
units in a 
manner designed to equalize the ability of every 
school to provide a good education and must take full account of 
unavoidable differences in resources and costs, including those 
that may arise because of the school's location. 
Section 4. 
Protecting access in rural areas. 
The State may 
undertake no action that would contribute to the closing of any 
public school if doing so would lengthen a child's daily time on 
a school bus to more than 2 hours for a child under 12 years of 
age or more than 3 hours for a child 12 years of age or older. 
Section 5. 
Local control of schools. 
The State may 
nQl;;, 
compel municipalities to join school administrative districts or 
school administrative districts to join larger districts. 
The 
State may, however, adjust the state funding to account for any 
inefficiencies caused by the small size of a district, but only 
to the extent it can be demonstrated that the district's joining 
with adjoining towns 
or districts would result in immediate 
reduction 
in 
the 
per 
student 
costs 
for 
all 
municipalities 
concerned. 
Section 6. 
Right to access to local schools. 
The rights 
established under this Part belong to and may be asserted by 
every citizen of the State. 
; and be it further 
Constitutional referendum procedure: form of question: effective 
_'8 
date. Resolved: 
That the municipal officers of this State shall 
notify the inhabitants of their respective cities, 
towns 
and 
plantations to meet, in the manner prescribed by law for holding 
a statewide election, at a statewide election, on the Tuesday 
following the first Monday of November following the passage of 
this resolution, to vote upon the ratification of the amendment 
proposed in this resolution by voting upon the following question: 
"Do you favor amending the Constitution of Maine to prevent 
the State from requiring that public schools be incorporated 
into larger school districts and to prevent the State from 
closing a public school if it will result in a child under 
\ 
Page l-LRI757(1) 
.. 
years of age spending more than 2 hours a day on a school 
bus or a child 12 years of age or older spending more than 3 
hours a day on a school bus although the State may adjust 
the state funding to the school to account for the small 
size of a district?" 
The legal voters of each city, town and plantation shall 
vote by ballot on this question and designate their choice by a 
cross or check mark placed within the corresponding square below 
the word "Yes" or "No." 
The ballots must be received, sorted, 
counted and declared in open ward, town and plantation meetings 
and returns made to the Secretary of State in the same manner as 
votes for members of the Legislature. 
The Governor shall review 
the returns and, if it appears that a majority of the legal votes 
are cast in favor of the amendment, the Governor shall proclaim 
that fact without delay and the amendment becomes part of the 
Constitution of Maine on the date of the proclamation; and be it 
further 
Secretary of State shall prepare ballots. Resolved: 
That 
the 
Secretary of State shall prepare and furnish to each city, town 
and plantation all ballots, returns and copies of this resolution 
necessary to carry out the purposes of this referendum. 
SUMMARY 
This 
resolution 
expands 
on 
the 
education 
provisions 
currently in the Constitution of Maine to guarantee that if the 
State undertakes to support local schools it must do so in a way 
that equalizes opportunity for all children whether they live in 
service center communities or in rural areas. 
i2 
It also prevents the State from taking any steps that will 
lead to the closure of isolated schools if the closure will force 
children under 12 years of age to spend more than 2 hours on a 
school bus or children 12 years of age or over to spend more than 
hours on a bus. 
It also guarantees every municipality the freedom to decide 
how its schools will be organized and permits the State to adjust 
its aid to account for any inefficiencies that result from those 
local decisions. 
It also makes clear that these rights extend to and are 
enforceable by every Maine taxpayer.