An Act To Clarify and Improve the Laws Governing the Formation of Regional School Units
Maine Legislature, Session 123, LD 2280
Committee: Education and Cultural Affairs
Amends: 20-A MRSA §1, 20-A MRSA §1461, 20-A MRSA §1464, 20-A MRSA §1479, 20-A MRSA §1506, 20-A MRSA §15671-A, 20-A MRSA §15696

Legislative Document 
No. 2280 
H.P.1645 
House of Representatives, March 26, 2008 
An Act To Clarify and Improve the Laws Governing the Formation 
of Regional School Units 
(EMERGENCY) 
Reported by Representative NORTON of Bangor for the Joint Standing Committee on 
Education and Cultural Affairs pursuant to Public Law 2007, chapter 240, Part XXXX, section 
47. 
Reference to the Committee on Education and Cultural Affairs suggested and ordered 
printed under Joint Rule 218. 
Printed on recyclt:d paper 
IJ'/~ 1J7. 7lld£~ 
MILLICENT M. MacFARLAND 
Clerk 
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, the provisions of this Act must take effect immediately to allow school 
administrative units to meet statutory timelines related to school reorganization efforts; 
and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore, 
Be it enacted by the People ofthe State of Maine as follows: 
Sec. 1. 20-A MRSA §1, sub-§26, as amended by PL 2007, c. 240, Pt. XXXX, §5, 
is further amended to read: 
26. 
School administrative unit. 
"School administrative unit" means the state-
approved unit of school administration and includes a municipal school unit, school 
administrative district, community school district, regional school unit or any other 
municipal or quasi-municipal corporation responsible for operating or constructing public 
schools, except that it does not include a career and technical education region. 
Beginning July 1, 2009, "school administrative unit" means the state-approved unit of 
school administration and includes ooly a municipal school unit aH6~ a regional school 
unit formed pursuant to chapter 103-A and a school administrative district that does not 
provide public education for the entire span of kindergarten to grade 12 and a community 
school district that have not reorganized as a regional school unit pursuant to chapter 103-
A. 
Sec. 2. 20-A MRSA §1461, sub-§5, as enacted by PL 2007, c. 240, Pt. XXXX, 
§ 13, is amended to read: 
5. 
Referendum on reorganization plan. 
The municipal officers of each 
municipality in a proposed reorganized school administrative unit shall place a warrant 
article substantially as follows on the ballot of a municipal referendum conducted in 
accordance with the referendum procedures applicable to the school administrative unit 
of which the municipality is a member. 
"Article: 
Do you favor approving the school administrative reorganization plan 
prepared by the (insert name) Reorganization Planning Committee to reorganize 
(insert names of affected school administrative units) into a regional school unit, with 
an effective date of (insert date)? 
Yes No" 
The following statement must aooompany the artiole: 
"Explanation: 
A "YES" vote means that you approve of the (municipality or school 
administrative unit) joining the proposed regional school unit. 
The financial 
Page I - 123LR3490(OI)-1 
penalties l:I1lder the Maine Revised Statutes, Title 20 /'t, seetion 15996 to the 
existing sehool administrative units will no longer apply to the proposed regional 
sehool unit. II 
Sec. 3. 20-A MRSA §1464, sub-§4 is enacted to read: 
4. Application of collective bargaining agreements. On or after the operational 
date of a regional school unit established pursuant to section 1463, subsection 1 but 
before the completion of negotiations for a single regional school unit-wide collective 
bargaining agreement for the regional school unit-wide bargaining unit as described in 
subsection 3, the wages, hours and working conditions of an employee of the regional 
school unit who is in a bargaining unit and who is reassigned to a different position that is 
or, upon the completion of the merger of bargaining units, will be included in the same 
regional school unit-wide bargaining unit are determined by the terms of the existing 
collective bargaining agreement that applies to the position to which the employee is 
reassigned, except as provided in this subsection. 
A. If the application of the existing collective bargaining agreement would cause a 
reduction in the employee's wage or salary rate, the employee's wage or salary rate 
must be maintained at the rate the employee was paid immediately prior to the 
reassignment until the completion of negotiations for a single regional school unit-
wide collective bargaining agreement for the regional school unit-wide bargaining 
unit as described in subsection 3 or the applicable collective bargaining agreement or 
any interim successor agreement requires a higher wage or salary rate for the 
employee, whichever occurs sooner. 
B. If the application of the existing collective bargaining agreement would cause a 
reduction in the amount that is paid by the regional school unit for premiums for 
health insurance for the employee and the employee's dependents, the regional school 
unit's payment must be maintained at the amount that was paid immediately prior to 
the reassignment until the completion of negotiations for a single regional school 
unit-wide collective bargaining agreement for the regional school unit-wide 
bargaining unit as described in subsection 3 or the applicable collective bargaining 
agreement or any interim successor agreement requires a higher payment, whichever 
occurs sooner. 
C. If the application of the existing collective bargaining agreement provides for 
coverage under a different health insurance plan, the employee may elect to retain 
coverage under the health insurance plan in which the employee was enrolled 
immediately prior to reassignment if the eligibility provisions of the plan permit until 
the completion of negotiations for a single regional school unit-wide collective 
bargaining agreement for the regional school unit-wide bargaining unit as described 
in subsection 3. 
Sec. 4. 20-A MRSA §1479, sub-§3, ~, as enacted by PL 2007, c. 240, Pt. 
XXXX, § 13, is amended to read: 
B. The regional school unit may negotiate the a new contract pursuant to chapter 
115. 
Sec. 5. 20-A MRSA §1479, sub-§4, as enacted by PL 2007, c. 240, Pt. XXXX, 
§ 13, is amended to read: 
4. Absence of contract; maintenance of school choice opportunities. A student 
who resides in a school administrative unit that does not maintain that student's grade 
from kindergarten to grade 12, and that does not enter into a contract for the education of 
its students pursuant to trns chapter, has the option of attending a public school in another 
school administrative unit or pri .. 'ate school approved for tuition purposes subject to the 
provisions of chapter 219 if that option Vias available from the previous school unit for 
the area in wrnch that student resides. A school administrative unit that neither maintains 
a school nor contracts for school privileges pursuant to chapter 115 shall continue to pay 
tuition, in accordance with chapter 219, for a student who resides in the school 
administrative unit at the public school or the private school approved for tuition 
purposes of the parent's choice at which the student is accepted, calculated in accordance 
with subsection 5. 
Sec. 6. 20-A MRSA §1479, sub-§5, as enacted by PL 2007, c. 240, Pt. XXXX, 
§ 13, is amended to read: 
5. Additional expense. If, pursuant to subsection 4, a student attends a public 
school in another school administrative unit or private school approved for tuition 
purposes subject to the provisions of chapter 219, and the number of secondary school 
students from one or more municipalities in a regional school unit that attend a public 
school in a different school administrative unit or an approved private school is less than 
all the secondary school students in the regional school unit, the sending municipality of 
the regional school unit is responsible for the additional expense calculated under trns 
subsection. In a regional school unit where some but not all of the students are attending 
school pursuant to this section, the sending municipality is responsible for the additional 
expense as calculated in accordance with this subsection. 
A. For each secondary school student who attends a public school in another school 
administrative unit, the sending municipality in a regional school unit is responsible 
for an amount equal to the number of secondary school students from that regional 
school unit multiplied by the amount that the receiving regional school unit's tuition 
rate pursuant to section 5805 difference in tuition in cases when it exceeds the 
amount of the sending regional school unit's tuition rate pursuant to calculated in 
accordance with section 5805. 
B. For each secondary school student who attends a private school approved for 
tuition purposes subject to the provisions of chapter 219, the sending municipality in 
£! regional school unit is responsible for an amount equal to the number of secondary 
school students from the regional school unit attending the pri','ate school multiplied 
by the amount that the private school's tuition rate pursuant to section 5806, or the 
tuition rate per the contract, if less,the difference in tuition in cases when it exceeds 
the amount of the sending regional school unit's tuition rate pursuant to calculated in 
accordance with section 5805. 
Any Municipalities exercising school choice pursuant to this section are responsible for a 
local contribution in accordance with section 15688 and the additional expense may not 
be ineluded in the regional sehool unit budget when determining eaeh member 
munieipality's loeal eontribution calculated in accordance with this subsection. 
Any additional expense must be paid by the responsible munieipality in equal monthly 
amounts unless the regional sehool unit and the member municipality agree to another 
payment sehedule. 
Sec. 7. 20-A MRS A §1481-A is enacted to read: 
§1481-A. Application 
For the purposes of this subchapter, the term "regional school unit" means a school 
administrative unit as defined in section 1, subsection 26. 
This section is repealed July 1, 2009. 
Sec. 8. 20-A MRS A §1486, sub-§2, as enacted by PL 2007, c. 240, Pt. XXXX, 
§ 13, is amended to read: 
2. Validation referendum procedures. The budget validation referendum must be 
held on or before the .wth 14th calendar day, other than Saturday, Sunday or a legal 
holiday, following the scheduled date of the regional school unit budget meeting. The 
referendum may not be held on a Saturday, Sunday or legal holiday. 
The vote at 
referendum is for the purpose of approving or rejecting the total regional school unit 
budget approved at the regional school unit budget meeting. The regional school unit 
board shall provide printed information to be displayed at polling places to assist voters in 
voting. That information is limited to the total amounts proposed by the regional school 
unit board for each cost center summary budget category article, the amount approved at 
the regional school unit budget meeting, a summary of the total authorized expenditures 
and, if applicable because of action on an article under section 15690, subsection 3, 
paragraph A, a statement that the amount approved at the regional school unit budget 
meeting includes locally raised funds over and above the regional sehool unit's loeal 
eontribution to the total eost of funding pub lie edueation from kindergarten to grade 12 as 
deseribed in the Essential Programs and Serviees Funding l\et that exceed the maximum 
state and local spending target pursuant to section 15671-A, subsection 5. 
Sec. 9. 20-A MRS A §1486, sub-§3, as enacted by PL 2007, c. 240, Pt. XXXX, 
§13,isamendedtoread: 
3. Budget validation referendum voting. The method of calling and voting at a 
budget validation referendum is as provided in sections 1503 and 1504, except as 
otherwise provided in this subsection or as is inconsistent with other requirements of this 
section. 
A. A public hearing is not required before the vote. 
B. The warrant for a regional sehool unit budget meeting to be followed by a budget 
validation referendurn rnay be a eonsolidated warrant eovering both. 
C. The warrant and absentee ballots must be delivered to the municipal clerk at least 
days before no later than the day after the date of the regional school unit budget 
meeting. 
D. Absentee ballots received by the municipal clerk may not be processed or counted 
unless received on the day after the conclusion of the regional school unit budget 
meeting and before the close of the polls. 
E. 
All envelopes containing absentee ballots received before the day after the 
conclusion of the regional school unit budget meeting or after the close of the polls 
must be marked "rejected" by the municipal clerk. 
F. If the school budget does not exceed the maximum state and local spending target 
pursuant to section 15671 A, subsection 5, the The article to be voted on must be in 
the following form: 
(1) "Do you favor approving the (name of regional school unit) budget for the 
upcoming school year that was adopted at the latest regional school unit budget 
meeting? 
Yes No" 
c. If the school budget exceeds the maJdrnum state and local spending target 
pursuant to section 15671 A, subsection 5, the article to be voted on for a budget that 
includes locally raised funds over and above the regional school unit's local 
contribution to the total cost of funding public education from kindergarten to grade 
as described in the Essential Programs and Services Funding Act must be in the 
follovling form: 
(1) "Do you favor approving the (name of regional school unit) budget for the 
upcoming school year that was adopted at the latest regional school unit budget 
meeting and that includes locally raised funds that exceed the required local 
contribution as described in the Essential Programs and Services Funding Act? 
Yes No 
A YES vote allows additional funds to be raised for K 12 public education. 
A NO vote means additional funds cannot be raised for K 12 public education." 
Sec. 10. 20-A MRS A §1487, as enacted by PL 2007, c. 240, Pt. XXXX, § 13, is 
amended to read: 
§1487. Failure to pass budget 
If a budget for the operation of a regional school unit is not approved prior to July 
st, the latest budget as submitted b)' the regional school unit board approved at a 
regional school unit budget meeting and submitted to the voters for validation at a 
referendum in accordance with section 1486 is automatically considered the budget for 
operational expenses for the ensuing year until a final budget is approved, except that, 
when the regional school unit board delays the regional school unit budget meeting, the 
operating budget must be approved within 30 days of the date the commissioner notifies 
the regional school unit board of the amount allocated to the regional school unit under 
section 15689-B, or the latest budget submitted by the regional school unit board 
becomes the operating budget for the next school year until a budget is approved at a 
regional school unit budget meeting and validated at a referendum. If the budget of a 
regional school unit is not approved and validated before July 1 st and the officers of any 
affected municipality determine that the property taxes must be committed in a timely 
manner to the collector pursuant to Title 36, section 709, the municipal assessor or 
assessors may commit the property taxes on the basis of the latest budget approved at a 
regional school unit budget meeting and submitted to the voters for validation at a 
referendum in accordance with section 1486. 
Sec. 11. 20-A MRS A §1506, sub-§I, ~A, as enacted by PL 2007, c. 240, Pt. 
XXXX, §13, is amended to read: 
A. "Existing debt" means any bond, note, loan agreement, lease-purchase agreement 
or other debt instrument issued prior to July 1, 2008 for the purposes of funding 
public schools and career and technical education regions, or for refinancing such 
debt, that remains outstanding at the time of a reorganization pursuant to this chapter. 
"Existing debt" does not include routine payables or commercial contract obligations. 
Sec. 12. 20-A MRSA §1506, sub-§I, ~, as enacted by PL 2007, c. 240, Pt. 
XXXX, § 13, is amended to read: 
B. "Original education unit" means: 
(1) A previous education unit that has existing debt; eF 
(2) 
A municipality that has existing debt incurred on behalf of a prevlOUS 
education unit~.;.Q[ 
(3) A previous education unit within a career and technical education region as 
defined by section 830l-A that has existing debt. 
Sec. 13. 20-A MRSA §15671-A, sub-§2, ~, as amended by PL 2007, c. 240, 
Pt. XXXX, §24, is further amended to read: 
B. For property tax years beginning on or after April 1, 2005, the commissioner shall 
calculate the full-value education mill rate that is required to raise the statewide total 
local share. The full-value education mill rate is calculated for each fiscal year by 
dividing the applicable statewide total local share by the applicable statewide 
valuation. The full-value education mill rate must decline over the period from fiscal 
year 2005-06 to fiscal year 2008-09 and may not exceed 9.0 mills in fiscal year 2005-
and may not exceed 8.0 mills in fiscal year 2008-09. The full-value education mill 
rate must be applied according to section 15688, subsection 3-A, paragraph A to 
determine a municipality's local cost share expectation. Full-value education mill 
rates must be derived according to the following schedule. 
(1) For the 2005 property tax year, the full-value education mill rate is the 
amount necessary to result in a 47.4% statewide total local share in fiscal year 
2005-06. 
(2) For the 2006 property tax year, the full-value education mill rate is the 
amount necessary to result in a 46.14% statewide total local share in fiscal year 
2006-07. 
(3) For the 2007 property tax year, the full-value education mill rate is the 
amount necessary to result in a 45.56% statewide total local share in fiscal year 
2007-08. 
(4) 
E~wept as provided in subparagraph (6), for For the 2008 property tax year 
and subsequent tax years, the full-value education mill rate is the amount 
necessary to result in a 45.0% statewide total local share in fiscal year 2008-09 
and after. 
(6) For sehool administrative units that do not eonform to the requirements of 
ehapter 103 A for the 2009 property tax year, the full value edueation mill rate is 
the amount neeessary to result in a 46.14 % statevlide total loeal share in fiseal 
year 2009 1 0 and after. 
Sec. 14. 20-A MRSA §15696, sub-§I, ~C, as enacted by PL 2007, c. 240, Pt. 
XXXX, §33, is amended to read: 
C. The school administrative unit is not eligible for a transition adjustment under 
section 15686 or any comparable year-over-year transition amount; ana 
Sec. 15. 20-A MRSA §15696, sub-§I, ~, as enacted by PL 2007, c. 240, Pt. 
XXXX, §33, is amended to read: 
D. The school administrative unit receives less favorable consideration for approval 
and funding for school construction pursuant to rules of the state board.,.; and 
Sec. 16. 20-A MRSA §15696, sub-§I, ~E is enacted to read: 
E. The school administrative unit's full-value education mill rate pursuant to section 
15671-A is increased by 2% for the purpose of calculating the school administrative 
unit's required contribution to meet the local share of education costs established 
pursuant to section 15688, subsection 3-A. 
Sec. 17. PL 2007, c. 240, Pt. XXXX, §36, sub-§8 is amended to read: 
8. 
Referendum on reorganization plan. 
The municipal officers of each 
municipality in a proposed reorganized school administrative unit shall place a warrant 
article substantially as follows on the ballot of a municipal referendum conducted in 
accordance with the referendum procedures applicable to the school administrative unit 
of which the municipality is a member. A referendum must be held on or before January 
15,2008 for a reorganization plan that was submitted by December 15,2007 and that the 
Commissioner of Education found meets the requirements of this Part. A referendum 
must may be held on June 10, 2008 or on or before January 30, 2009 for any plan 
received or revised after December 15, 2007 and subsequently found by the 
Commissioner of Education to meet the requirements of this Part. 
"Article: 
Do you favor approving the school administrative reorganization plan 
prepared by the (insert name) Reorganization Planning Committee to reorganize 
(insert names of affected school administrative units) into a regional school unit, with 
an effective date of 
? 
YeslNo" 
The followiflg statemeflt lnUSt aeeompaay the artiele: 
"B}(plaflatiofl: 
A "YBS" Yote meafls that Y01:1 approye of the (m1:1flieipality or sehool admiflistratiYe 
1:1flit) joimflg the proposea regioflal sehool 1:lB:it, whieh will be proYiaea with the 
followiflg ifleefltiYes: 
More favorable eOflsiaeratiofl ifl approyal ana Rmaiflg of sehool eOflstruetiofl 
projeets; afla 
Bligibility for aaaitioflal fiflafleial S1:1pport for reorgaflizatiofl eosts. 
A "NO" Yote meaflS that Y01:1 ao flOt approve of the (lnUflieipality or sehool 
aaIlliflistrative 1:1flit) jOifliflg a regioflal sehool 1:1flit, whieh will res1:1lt ifl the existiflg 
(lnUflieipality or sehool admiflistrative 1:1flit) reeeiviflg the followiflg peflalties: 
Less favorable eOflsiaeratiofl ifl approval afla Rmaiflg of sehool eOflstruetiofl 
projeets; afla 
A rea1:1etiofl ifl state funaiflg of ea1:1eatiofl eosts ifl an am01:1flt estimatea to be 
$ 
for sehool year 200 
afla $ 
for sehool year 200 , with the 
possibility of oflgoiflg peflalties for eOfltiooed fail1:1re to j Oifl afl approved regioflal 
sehool 1:lIHt. 
Rea1:1etiofls ifl state eooeatiofl hmaiflg vAll likely reS1:1lt ifl an 
iflereased Illill rate expeetatiofl to meet the loeal share of eooeatiofleosts." 
The Department of Education shall pay the cost of a referendum conducted before or on 
January 15,200830,2009. 
Sec. 18. 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 30, 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 30, 2009 and to implement that plan by July 1,2009. 
Sec. 19. PL 2007, c. 240, Pt. XXXX, §36, sub-§12 is amended to read: 
12. Reformulation of SAD as RSU. Not later than Deeember 1, 20m~ February 27, 
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 30, 
2009 that the school administrative district must be recreated as a regional school unit 
under Title 20-A, chapter 103-A, effective July 1, 2009. Notwithstanding any other 
I 
provision of law, a school administrative district may must be changed to a regional 
school unit upon notice to the State Board of Education and may accomplish this without 
dissolving the school administrative district. 
A school administrative district that is 
changed to a regional school unit without dissolving the school administrative district is 
subject to Title 20-A, chapter 103-A and any other provision of law relating to regional 
school units but for all other legal purposes: 
A. Remains the same legal entity, including but not limited to with respect to all 
contracts, duties, liabilities, rights and privileges of the school administrative district 
and any debt, whether bond, note or other evidence of indebtedness, issued by or for 
the school administrative district; and 
B. In order to avoid any costs associated with changing its name, may keep and 
continue to use the same name, including the term "school administrative district," for 
official purposes, including, but not limited to, in all its contracts and debt 
instruments. Keeping its name for official purposes does not in any manner affect its 
status as a regional school unit for purposes of Title 20-A, chapter 103-A and any 
other provision oflaw relating to regional school units. 
Sec. 20. PL 2007, c. 240, Pt. XXXX, §42, first ~ is amended to read: 
Sec. 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 31, 2009. 
Sec. 21. PL 2007, c. 240, Pt. XXXX, §43, sub-§3 is amended to read: 
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 31, 2009. 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 1, 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. 
Sec. 22. PL 2007, c. 240, Pt. XXXX, §43, sub-§5 is amended to read: 
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 1, 2008. 
Except as limited by paragraph A, for regional school units approved after January 15, 
2008 and before No.,'ember 5,2008 January 31 ,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 1, 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 1, 2008 may not be 
transferred. For regional school units approved after January 15, 2008 and before 
November 5,2008 January 31,2009, 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. 
Sec. 23. PL 2007, c. 240, Pt. XXXX, §43, sub-§6, ~A is amended to read: 
A. On July 1, 2008 for regional school units approved prior to January 16, 2008 and 
on July 1,2009 for regional school units approved after January 15,2008 and before 
November 5, 2008 January 31, 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 participating 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 
(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. 
Sec. 24. PL 2007, c. 240, Pt. XXXX, §43, sub-§6, ~ 
is amended to read: 
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 
31,2009, 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. 
(1) 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 1 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 of the 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 
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 
Page II - 123LR3490(Ol)-1 
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 filed 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. 
(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. 
Sec. 25. Report; review of reorganization timelines. The Department of 
Education shall conduct a review of the results of referenda votes on proposed 
reorganization plans and the status of the reorganization of school administrative units as 
regional school units consistent with the July 1, 2009 implementation timeline established 
in Public Law 2007, chapter 240. In conducting the review, the department shall: 
lOA. Collect data and analyze the results of the referenda votes on proposed 
reorganization plans; 
B. Review the extent to which each school administrative unit that did not meet the 
timelines for reorganization did not submit or did not receive approval for an alternative 
plan that meets the requirements of Public Law 2007, chapter 240, Part XXXX, section 
36, subsection 6, paragraph A due to the fact that the proposal would not meet the 1,200 
minimum student enrollment requirement for an alternative plan; 
C. Recommend appropriate criteria or flexibility for the granting of a waiver when 
extenuating circumstances preclude a school administrative unit from meeting the 
requirements of Public Law 2007, chapter 240, Part XXXX, section 36 by July 1,2009, 
including the authority necessary to extend timelines and waive penalties if an approved 
plan of a reorganization planning committee cannot be implemented by July 1, 2009 and 
the authority necessary to approve an alternative plan submitted by a reorganization 
planning committee that meets the requirements of the law, except for the 1,200 
minimum student number; and 
D. Recommend clarifications to the law to specify the effect of the failure of voters in 
an individual school administrative unit to approve a reorganization plan that results in 
the school administrative unit not meeting the implementation timeline for 
reorganization. 
The Commissioner of Education shall report the findings and recommendations of 
this review, including suggested legislation, to the joint standing committee of the 
Legislature having jurisdiction over education matters by December 15, 2009. In its 
recommendations, the department shall include proposals to extend or modify the current 
implementation time lines and penalties. Following receipt and review of the report, the 
joint standing committee of the Legislature having jurisdiction over education matters 
may submit a bill to the First Regular Session of the I24th Legislature that extends or 
modifies the current implementation timelines and penalties. 
Emergency clause. 
In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
SUMMARY 
This bill is introduced by the Joint Standing Committee on Education and Cultural 
Affairs pursuant to Public Law 2007, chapter 240, Part XXXX, section 47. The bill 
makes the following changes to clarify and improve the laws governing the formation of 
regional school units. 
1. It provides that a kindergarten-to-grade-12 school administrative district that is 
reformulated as -a regional school unit without dissolving the school administrative 
district may continue to use the same name and operate as the same legal entity; and it 
amends the definition of "school administrative unit" to clarify that community school 
districts and kindergarten-to-grade-8 school administrative districts that do not join a 
regional school unit may remain in operation after July 1, 2009. 
The current law 
reformulates all kindergarten-to-grade-12 school administrative districts as regional 
school units by July 1, 2009 but is silent on the ability of community school districts and 
kindergarten-to-grade-8 school administrative districts to remain operational after that 
date. 
2. It changes the deadline by which a referendum must be held to January 30,2009 
and changes dates that are linked to the referendum date by the same amount of time. 
The current law governing the reorganization of school administrative units requires that 
a referendum must be held on a proposed reorganization on or before November 4,2008. 
3. It provides consistent language across the allocated and unallocated provisions in 
the law to clarify the budget referendum ballot question to be placed before the voters at a 
budget validation referendum vote. 
4. It clarifies and amends the budget approval and validation process provisions to: 
A. Increase the number of days from the legislative body meeting to the referendum 
validation from 10 days to 14 days; 
B. 
Provide that absentee ballots may not be distributed until the day after the 
regional school unit budget meeting; 
C. 
In the event that a regional school unit budget has not been approved and 
validated prior to the start of the fiscal year, authorize municipalities to levy taxes 
based on the most recent school budget approved at the regional school unit budget 
meeting until a budget is validated by voters; and 
D. 
Eliminate the need for 2 separate ballot questions for the budget validation 
referendum vote and combine information on 2 votes into one document provided 
with the warrant for the referendum vote. 
5. It clarifies the debt liability of the school administrative units that are members of 
a career and technical education region, including the disposition of debt incurred for a 
school construction or renovation project at a career and technical education region by the 
school administrative units that are members of the career and technical education region. 
6. It clarifies the financial responsibility for the preservation of school choice in a 
new regional school unit when a member municipality continues to provide tuition for 
students to attend a school outside of the new regional school unit. 
The provision 
provides that the member municipality is responsible for providing appropriations for any 
additional expense above the sending regional school unit tuition rate for students who 
are educated outside of the regional school unit. 
7. 
It clarifies the rights and obligations of regional school units concerning the 
reassignment of teachers and other employees of the regional school unit in the 
transitional period from the operational date of the regional school unit until the 
completion of negotiations for a regional school unit-wide collective bargaining 
agreement. 
8. It replaces the so-called "53-86% penalty" for any school administrative unit that 
fails to approve a reorganization plan on or before January 30, 2009 and to implement 
that plan by July 1, 2009 with a penalty that provides that the school administrative unit's 
full-value education mill rate pursuant to the Maine Revised Statutes, Title 20-A, section 
15671-A is increased by 2% for the purpose of calculating the school administrative unit's 
required contribution to meet the local share of education costs established pursuant to 
Title 20-A, section 15688, subsection 3-A. 
9. 
It directs the Department of Education to conduct a review of the results of 
referenda votes on proposed reorganization plans and the status of the reorganization of 
school administrative units as regional school units consistent with the July 1, 2009 
implementation timeline. It also directs the department to develop recommendations 
related to the circumstances and criteria under which the Commissioner of Education 
could grant a waiver to a school administrative unit that has not complied with the 
implementation timelines, including any necessary flexibility that would provide the 
commissioner with the authority to adjust the timelines for complying with the law, to 
waive penalties or to approve an alternative plan submitted by a reorganization planning 
committee. It further directs the department to clarify what happens if voters of an 
individual school administrative unit fail to approve a reorganization plan that results in 
the school administrative unit's not meeting the implementation timeline for 
reorganization. 
FISCAL NOTE REQUIRED 
(See attached) 
Approved: 03116/08 ?dar:! 
LD ;) :2 gO 
LR 3490(01) 
An Act To Clarify and Improve the Laws Governing the Formation of Regional School Units 
Fiscal Detail and Notes 
Fiscal Note for Original Bill 
Committee: Education and Cultural Affairs 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Any additional cost to the Department of Education associated with conducting the required review and developing 
the required recommendations can be absorbed within existing budgeted resources. 
LR3490(0 I) - Fiscal Note - Pagel of 1