An Act To Amend the Laws Regarding School Funding
Maine Legislature, Session 123, LD 1932
Committee Amendment CA_A-SA_C_S418 (Senate)

SENATE AMENDMENT"~" to COMMITTEE AMENDMENT "A" to S.P. 741, 
L.D. 1932, Bill, "An Act To Amend the Laws Regarding School Funding" 
Amend the amendment by inserting after the 2nd paragraph after the title the 
following: 
'PART A' 
Amend the amendment in section 14 in the first line (page 10, line 26 in amendment) 
by striking out the following: "Act" and inserting the following: 'Part' 
Amend the amendment by inserting after section 14 the following: 
'PARTB 
Sec. B-1. PL 2007, c. 240, Pt. XXXX, §36, sub-§l1 is amended to read: 
11. Result of disapproval at January 2008 referendum. A school administrative 
unit that rejects a proposed reorganization plan at the January 15, 2008 referendum or at a 
subsequent referendum on or before November 4, 2008 January 15, 2009 may restart the 
process to form a regional school unit with the same or other school administrative units 
and may seek assistance from the Department of Education to prepare another 
reorganization plan. 
A. 
Subsequent reorganization plans must meet the same requirements as for 
reorganization plans filed prior to the January 2008 referendum, except that the 
timelines are adjusted to reflect a July 1,2009 reorganization date. 
B. 
The penalties set forth in Title 20-A, section 15696 apply to any school 
administrative unit that fails to approve a reorganization plan on or before November 
4, 2008 January 15, 2009 and to implement that plan by July I, 2009. 
Sec. B-2. PL 2007, c. 240, Pt. XXXX, §36, sub-§12 is amended to read: 
12. Reformulation of SAD as RSU. Not later than December I, 2008 February 15, 
2009, the Commissioner of Education shall notify any school administrative district that 
has not voted to form a regional school unit on or before November 4, 2008 January 15, 
2009 that the school administrative district must be recreated as a regional school unit 
SENATE AMENDMENT 
~\ ~;~ . 
\,'. 
SENATE AMENDMENT "(!..,,, to COMMITTEE AMENDMENT "A" to S.P. 741, L.D. 1932 
under Title 20-A, chapter 103-A, effective July I, 2009. 
Notwithstanding any other 
provision of law, a school administrative district may be changed to a regional school unit 
upon notice to the State Board of Education without dissolving the school administrative 
district. 
Sec. B-2. PL 2007, c. 240, Pt. XXXX, §42, first ~ is amended to read: 
Sec. XXXX-42. Transfer of property and assets; regional school units 
approved after January 15, 2008. This section applies to a regional school unit that 
is approved after January 15,2008 and before November 5, 2008 January 16, 2009. 
Sec. B-3. PL 2007, c. 240, Pt. XXXX, §43 is amended to read: 
Sec. XXXX-43. Operational date and transfer of authority. 
1. Operational date. A regional school unit board of directors becomes operational 
on the date set by the State Board of Education as provided in the Maine Revised 
Statutes, Title 20-A, chapter 103-A. 
2. 
Transfer of governing authority; regional school units approved prior to 
January 16, 2008. This subsection applies to regional school units approved prior to 
January 16, 2008. The regional school unit board of directors, on the date established in 
subsection 1, shall assume responsibility for the management and control of the public 
schools and programs within the school administrative units in existence prior to July I, 
2008 that are within the regional school unit. 
Those school administrative units in 
existence prior to July 1, 2008, on the date established in subsection 1, have no further 
responsibility for the operation or control of the public schools and programs within the 
school administrative unit except those pursuant to section 1481. 
3. 
Transfer of governing authority; regional school units approved after 
January 15, 2008. 
This subsection applies to regional school units approved after 
January 15, 2008 and before November 5, 2008 January 16, 2009. The regional school 
unit board of directors, on the date established in subsection I, shall assume responsibility 
for the management and control of the public schools and programs within the school 
administrative units in existence prior to July I, 2009 that are within the regional school 
unit. Those school administrative units in existence prior to July 1, 2009, on the date 
established in subsection 1, have no further responsibility for the operation or control of 
the public schools and programs within the school administrative unit except those 
pursuant to section 1481. 
4. Transfer of school accounts. Notwithstanding Title 20-A, section 15004 or any 
charter of a municipal school unit, school administrative district or community school 
district, the balance remaining in the school accounts of the former municipal school unit, 
school administrative district or community school district within the regional school unit 
must be paid to the treasurer of the regional school unit and verified through the annual 
audit process pursuant to Title 20-A, chapter 221, subchapter 2. The balance from each of 
the former municipal school unit, school administrative district or community school 
district must be used to reduce that unit's or district's local contribution to the regional 
school unit. 
Payment may be made in equal monthly installments during the 
implementation year. 
SENATE AMENDMENT 
j;; 
\'" 
I 
II 
IS 
SENATE AMENDMENT "C/' to COMMITTEE AMENDMENT "A" to S.P. 741, L.D. 1932 
5. Transfer of teachers and employees. Except as limited by paragraph A, for 
regional school units approved prior to January 16, 2008, all teachers and school 
employees who are employed by a participating school administrative unit on June 30, 
2008 must be transferred to and employed by the regional school unit as of July I, 2008. 
Except as limited by paragraph A, for regional school units approved after January IS, 
2008 and before November 5, 2008 January 16, 2009, all teachers and school employees 
who are employed by participating school administrative units on June 30, 2009 must be 
transferred and employed by the regional school unit as of July I, 2009. 
Except as 
limited by paragraph B, the regional school unit shall assume all of the legal obligations 
and duties that the participating school administrative units owed to their employees, 
including but not limited to those obligations and duties arising under federal law, state 
law, collective bargaining agreements and individual employment contracts. It is the 
intent of this Part to neither decrease nor increase the rights and benefits of transferred 
employees or the employer. The regional school unit shall also maintain and honor any 
agreements, contracts or policies regarding the rights and benefits of retirees and former 
employees created by a participating school administrative unit that is dissolved as a 
result of its inclusion within a regional school unit. 
A. For regional school units approved prior to January 16, 2008, teachers or other 
employees whose employment terminates by application of law or contract or by 
action of a participating school administrative unit before July I, 2008 may not be 
transferred. For regional school units approved after January IS, 2008 and before 
November 5, 2008 January 16,2009, teachers or other employees whose employment 
terminates by application of law or contract or by action of a participating school 
administrative unit before July 1,2009 may not be transferred. 
B. Teachers and other employees who are transferred to the regional school unit 
prior to the completion of the applicable probationary period for their position have 
the length of their probationary period calculated from the date of their most recent 
date of employment by the participating school administrative unit. 
6. Collective bargaining. The following provisions apply: 
A. On July I, 2008 for regional school units approved prior to January 16, 2008 and 
on July I, 2009 for regional school units approved after January IS, 2008 and before 
November 5, 2008 January 16, 2009, the regional school unit board of directors shall 
assume all of the obligations, duties, liabilities and rights of the participating school 
administrative units for all purposes under Title 26, chapter 9-A. 
The regional 
school unit is considered a single employer. Notwithstanding any other provision of 
law, the responsibilities of the regional school unit include: 
(1) 
Continued recognition of all bargaining agents that represented any 
bargaining units of employees who were employed by a pm1icipating school 
administrative unit, pending completion of merger proceedings described in this 
section; 
(2) 
Assumption and continued observance of all collective bargaining 
agreements 
between such bargaining agents and a participating school 
administrative unit, which agreements continue in effect for the remainder of 
their unexpired term unless the bargaining agent and regional school unit 
mutually agree otherwise; and 
SENATE AMENDMENT 
-;'"-
" 
~. 
t'. 
I 
II 
SENATE AMENDMENT"~" to COMMITTEE AMENDMENT "A" to S.P. 741, L.D. 1932 
(3) 
Collective bargaining for an initial or successor collective bargaining 
agreement in any bargaining unit in which a collective bargaining agreement is 
not in effect on the operational date and for any interim agreement that may be 
required to align expiration dates in a regional school unit-wide bargaining unit, 
as described in this subsection. 
B. As early as possible but no later than August 31, 2011 for regional school units 
approved prior to January 15, 2008 and no later than August 31, 2012 for regional 
school units approved after January 15, 2008 and before November 2, 2008 January 
16, 2009, all bargaining units must be structured on a regional school unit-wide basis. 
Bargaining units that existed in the participating school administrative units shall 
merge in accordance with the procedures and criteria in this section. Merger into 
regional school unit-wide bargaining units is not subject to approval or disapproval of 
employees. 
(I) Merger into regional school unit-wide bargaining units must be completed 
according to the schedule contained in this subsection, and no later than the latest 
expiration date of any collective bargaining agreement that was in effect on the 
operational date, which covered any employees in the merged unit. 
(2) There must be one unit of teachers and, to the extent they are currently 
included in bargaining units, other certified professional employees, excluding 
principals and other administrators. 
(3) Any additional bargaining units in a regional school unit must be structured 
as follows: 
(a) 
In the initial establishment of such units, units must be structured 
primarily on the basis of the existing pattern of organization, maintaining the 
grouping of employee classifications into bargaining units that existed prior 
to the creation of the regional school unit and avoiding conflicts among 
different bargaining agents to the extent possible. 
(b) In the event of a dispute regarding the classifications to be included 
within a regional school unit-wide bargaining unit, the current bargaining 
agent or agents or the regional school unit may petition the Maine Labor 
Relations Board to determine the appropriate unit in accordance with this 
section and Title 26, section 966, subsections I and 2. 
(4) When there is the same bargaining agent in all bargaining units that will be 
merged into a regional school unit-wide bargaining unit, the units must be 
merged as ofthe operational date, and the regional school unit shall recognize the 
bargaining agent as the representative of the merged unit. 
(5) When all bargaining units that will be merged into a regional school unit-
wide bargaining unit are represented by separate local affiliates of the same state 
labor organization, the units must be merged as of the operational date. The 
identity of the single affiliate that will be designated the bargaining agent for the 
merged unit must be selected by the existing bargaining agents and the state labor 
organization. Upon completion of the merger and designation of the bargaining 
agent and notification by the state organization to the regional school unit, the 
regional school unit shall recognize the designated bargaining agent as the 
SENATE AMENDMENT 
I> 
,', 
I 
I I 
SENATE AMENDMENT" C:' to COMMITTEE AMENDMENT "A" to S.P. 741, L.D. 1932 
representative of employees in the merged unit. If necessary, the parties will then 
execute a written amendment to any collective bargaining agreement then in 
effect to change the name of the bargaining agent to reflect the merger. 
(6) Where there are bargaining units that will be merged into a regional school 
unit-wide bargaining unit in which there are employees who are not represented 
by any bargaining agent and other employees who are represented either by the 
same bargaining agent or separate local affiliates of the same state labor 
organization, the units must be merged as of the operational date as long as a 
majority of employees who compose the merged unit were represented by the 
bargaining agent prior to the merger. The procedures for merger of separate local 
affiliates of the same state labor organization described in subparagraph (5) must 
be followed if applicable. 
If prior to the merger a bargaining agent did not 
represent a majority of employees who compose the merged unit, a bargaining 
agent election must be conducted by the Maine Labor Relations Board pursuant 
to subparagraph (8). 
(7) When there are unexpired collective bargaining agreements with different 
expiration dates in the merged bargaining units described in subparagraphs (4), 
(5) and (6), all contracts must be honored to their expiration dates unless 
mutually agreed to otherwise by the public employer and the bargaining agent. 
Collective bargaining agreements must be bargained on an interim basis in any 
merged bargaining unit so that all collective bargaining agreements expire on the 
same date, 
(8) When bargaining units with different bargaining agents must be merged into 
a single regional school unit-wide bargaining unit pursuant to this subsection, the 
bargaining agent of the merged bargaining unit must be selected in accordance 
with Title 26, section 967, except as modified in this subparagraph. 
(a) A petition for an election to determine the bargaining agent must be filed 
with the Maine Labor Relations Board by any of the current bargaining 
agents or the regional school unit. 
(b) The petition must be fi led not more than 90 days prior to the expiration 
date of the agreement having the latest expiration date among the bargaining 
units that will be merged into the regional school unit-wide bargaining unit. 
(c) The election ballot may contain only the names of the bargaining agents 
of bargaining units that will be merged into the regional school unit-wide 
bargaining unit and the choice of "no representative," but no other choices. 
No showing of interest is required from any such bargaining agent other than 
its current status as representative. 
(d) The obligation to bargain with existing bargaining agents continues from 
the operational date until the determination of the bargaining agent of the 
regional school unit-wide bargaining unit under this subsection; but in no 
event may any collective bargaining agreement that is executed after the 
operational date extend beyond the expiration date of the agreement having 
the latest expiration date among the bargaining units that will be merged into 
the regional school unit-wide bargaining unit that was in effect on the 
operational date, 
SENATE AMENDMENT 
." 
",' , . 
,:-.' 
I 
II 
SENATE AMENDMENT "C,,, to COMMITTEE AMENDMENT "A" to S.P. 741, L.D. 1932 
(e) The Maine Labor Relations Board shall expedite to the extent practicable 
all petitions for determination of the bargaining agent in the regional school 
unit-wide bargaining unit filed pursuant to this subsection. 
(f) The bargaining units must be merged into a regional school unit-wide 
bargaining unit as of the date of certification of the results of the election by 
the Maine Labor Relations Board, or the expiration of the collective 
bargaining agreements in the unit, whichever occurs later. 
C. After the merger of bargaining units into a regional school unit-wide bargaining 
unit, the bargaining agent of a regional school unit-wide bargaining unit and the 
regional school unit shall engage in collective bargaining for a collective bargaining 
agreement for the regional school unit-wide bargaining unit. In the collective 
bargaining agreement for each regional school unit-wide bargaining unit, the 
employment relations, policies, practices, salary schedules, hours and working 
conditions throughout the regional school unit must be made uniform and consistent 
as soon as practicable. 
(I) In the event that the parties are unable to agree upon an initial regional school 
unit-wide collective bargaining agreement, they must use the dispute resolution 
procedures pursuant to Title 26, section 965 to resolve their differences. 
7. Superintendent contracts. The contracts between the superintendents and school 
administrative units within the regional school unit are transferred to the regional school 
unit board of directors. The regional school unit board of directors shall determine the 
superintendents' duties within the regional school unit.' 
Amend the amendment by relettering or renumbering any nonconsecutive Part letter 
or section number to read consecutively. 
SUMMARY 
Under the existing law governing the reorganization of school administrative units, a 
referendum must be held on a proposed reorganization by November 4, 2008. 
This 
amendment changes the deadline by which a referendum must be held to January 15, 
2009 and changes dates that are linked to the referendum date by the same amount of 
time. 
~ 
, 
SPONSORED BY:;" l;u.A: } V~ 
, 
(Senator MITCHELL) 
COUNTY: Kennebec 
SENATE AMENDMENT