An Act To Amend the Laws Regarding School Funding
Maine Legislature, Session 123, LD 1932
Committee Amendment CA_A-HA_E_H717 (House)
Amends: Title 20-A, Section 15681, 20-A MRSA §1

HOUSE AMENDMENT ,,6 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 1,2009. 
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 1, 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 
HOUSE AMENDMENT 
-.,. 
~. 
I 
I I 
HOUSE AMENDMENT "bto COMMITTEE AMENDMENT "A" to S.P. 741, L.D. 1932 
under Title 20-A, chapter 103-A, effective July 1, 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-3. 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-4. 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 
schoo I adm in istrative un it 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 1, shall assume responsibility 
for the management and control of the public schools and programs within the school 
adm inistrative 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. 
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. 
HOUSE AMENDMENT 
, . 
. 
~~ 
I 
II 
HOUSE AMENDMENT "f,: 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 1, 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 1, 2008 may not be 
transferred. 
For regional school units approved after January 15, 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 emp loyment by the participating school administrative unit. 
6. Collective bargaining. The following provisions apply: 
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 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 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 
HOUSE AMENDMENT 
.. -e.. 
~. 
HOUSE AMENDMENT "b 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. 
(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 
HOUSE AMENDMENT 
.. ,. 
~ 
1 
HOUSE AMENDMENT "Cto 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 bargain ing 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 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. 
HOUSE AMENDMENT 
~."'Yr 
IS 
HOUSE AMENDMENT "bto 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 
un it, 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. 
(1) 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 
admin istrative 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. 
PARTe 
Sec. C-l. 20-A MRSA §1, sub-§16-A is enacted to read: 
16-A. Local education unit. "Local education unit" means a state-approved unit of 
school governance responsible for operating or constructing public schools, but is not 
responsible for administration of public schools, that is a member of a regional school 
union. A local education unit is a school administrative unit for all purposes except the 
core -functions identified in section 200 I and any additional functions delegated to the 
regional school union committee as authorized in section 2001. 
Sec. C-2. 20-A MRSA §1, sub-§24, as enacted by PL 1981, c. 693, §§5 and 8, is 
amended to read: 
24. Public school. "Public school" means a school that is governed by a school 
board of a school administrative unit or local education unit and funded primarily with 
public funds. 
Sec. C-3. 
20-A MRSA §1, sub-§24-B, as enacted by PL 2007, c. 240, Pt. 
XXXX, §3, is amended to read: 
24-B. Regional school unit. "Regional school unit" means tfle ~ state-approved unit 
of school administration as established pursuant to chapter 103-A. 
Sec. C-4. 20-A MRSA §1, sub-§24-D is enacted to read: 
HOUSE AMENDMENT 
~. .c:,. 
HOUSE AMENDMENT "C::O COMMITTEE AMENDMENT "A" to S.P. 741, L.D. 1932 
24-D. Regional school union. "Regional school union" means a state-approved unit 
of school administration composed of local education units as established pursuant to 
chapter 108. 
Sec. C-S. 20-A MRS A §l, sub-§24-E is enacted to read: 
24-E. Regional school union committee. 
"Regional school union committee" 
means the governing body with statutory powers and duties for a regional school union. 
Sec. C-6. 20-A MRSA §l, 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, regional school 
union 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 only a municipal school unit aHd, a 
regional school unit formed pursuant to chapter 103-A and a regional school union 
formed pursuant to chapter 108. 
Sec. C-7. 20-A MRSA §l, sub-§2S, as enacted by PL 1981, c. 693, §§5 and 8, is 
amended to read: 
28. School board. "School board" means the governing body with statutory powers 
and duties for a school administrative unit or a local education unit. 
Sec. C-S. 20-A MRSA §l, sub-§29, as enacted by PL 1981, c. 693, §§5 and 8, is 
amended to read: 
29. 
School committee. 
"School committee" means the governing body with 
statutory powers and duties for a municipal school unit or a municipal local education 
unit. 
Sec. C-9. 20-A MRSA c. lOS is enacted to read: 
CHAPTER lOS 
REGIONAL SCHOOL UNIONS 
SUBCHAPTER 1 
GENERAL PROVISIONS 
§2001. Regional school union 
1. Formation. A regional school union composed of school administrative units 
may be formed pursuant to a reorganization plan. A municipal school unit, a school 
administrative district, a community school district or any other municipal or guasi-
municipal corporation responsible for operating or constructing public schools, except a 
HOUSE AMENDMENT 
.. ~. 
". 
I 
II 
HOUSE AMENDMENT "Cto COMMITTEE AMENDMENT "An to S.P. 741, L.D. 1932 
career and technical education region, may be a local education unit within a regional 
school union. 
2. Laws governing local education units. Except as otherwise provided in this 
chapter, a local education unit that is part of a regional school union is subject to the laws 
set forth in this Title governing that local education unit, including but not limited to laws 
governing budget format and budget adoption procedures. 
3. Regional school union committee. The governing body of a regional school 
union is the regional school union committee, which must be made up of representatives 
from the school boards of member local education units and must be apportioned in 
accordance with one-person, one-vote principles. 
4. Core functions. The regional school union committee's core functions, which 
may not be delegated to a local education unit except as provided in this subsection, are: 
A. 
Employment and discharge of a superintendent pursuant to section 100 I, 
subsection 3 and chapter 101, subchapter 2; 
B. 
Administration of accounting, payroll, financial management, purchasing 
insurance and auditing; 
C. Administration of special education duties of local education units under chapter 
303; 
D. Administration of transportation; 
E. 
Adoption of a core curriculum, standardized testing and assessment aligned with 
the system of learning results established in section 6209; 
F. Preparation of the regional school union budget; 
G. Reporting required by state or federal law, rule or regulation; 
H. 
Functioning as the employer of all employees performing the core functions and 
performance of any additional functions delegated to the regional school union; 
I. The establishment of a common school calendar, except that local education units 
may adopt local variations from the regional school union calendar; 
J. Adoption of common policies for all schools in the regional school union pursuant 
to section 1001, subsection I-A, except that the local education units may adopt local 
variations from the regional school union policies; and 
K. 
Apportionment of costs of the regional school union among its local education 
units in accordance with a cost-sharing formula established by its approved 
reorganization plan and certification to the treasurer of each local education unit and 
to the commissioner of the amounts to be paid. 
5. Delegation of additional functions. 
A reorganization plan or the legislative 
bodies of the local education units in a regional school union may delegate functions in 
addition to those set out in subsection 4 to the regional school union committee. 
6. 
Title to property. A reorganization plan may provide that title to real and 
personal property in local education units may be either transferred to the regional school 
union or retained by the local education unit, as long as the plan clearly allocates the 
HOUSE AMENDMENT 
.. f::, • 
... 
1 
/ 
HOUSE AMENDMENT ,1:/" to COMMITTEE AMENDMENT "A" to S.P. 741, L.D. 1932 
responsibil ities for the management of school property under section 1001, subsection 2 
between the regional school union committee and the school board of the local education 
unit. 
§2002. Regional school union committee 
1. Formation. In accordance with an approved reorganization plan, the school 
boards of the local education units composing a regional school union shall form a 
regional school union committee. The school board of a local education unit in a regional 
school union shall designate one or more of its members to serve on the regional school 
union committee as provided in the reorganization plan. 
2. Term of office. The term of office of regional school union committee members 
must be determined by the approved reorganization plan. 
3. 
Compensation. Compensation for attendance at a regional school union 
committee meeting must be between $10 and $25 per meeting for each member. 
Whenever the committee members recommend increasing their compensation, they shall 
submit their recommendation to the voters in the regional school union for approval. 
A. On notification by the regional school union committee, the municipal officers 
shall, at the next regular or special town meeting or city election, prepare a warrant or 
ballot for the purpose of voting on the proposed increase. The question must be in the 
following form. 
"Do you favor paying a member of the regional school union committee 
compensation at the rate of $ ....... for each meeting that member attends?" 
B. An increase in compensation is not effective unless approved by a majority of the 
voters voting on the question set out in paragraph A. 
4. Secretary and treasurer. The superintendent serves as secretary and treasurer of 
the regional school union committee and shall give a bond to the regional school union 
committee of a sum and with the sureties as the regional school union determines. The 
bond must be deposited with the chair of the regional school union committee. The 
expense of that bond must be paid by the regional school union. The bond premium, 
compensation paid committee members for attendance at meetings and expenses of the 
regional school union must be paid from funds of the regional school union by the 
treasurer on vouchers presented and certified by the superintendent and approved by a 
majority of the regional school union committee or a finance committee duly elected 
annually by that committee. Notwithstanding section 1055, a superintendent of a regional 
school union may designate another person with State of Maine administrative 
certification to perform the duties of secretary of the school board of a local education 
unit. 
5. Oath of office. Before a newly elected member's first regional school union 
committee meeting, that member must take the following oath or affirmation before a 
dedimus justice or notary public. 
"I ..................... do swear that I will faithfully discharge to the best of my abilities the 
duties incumbent on me as a regional school union committee member of (name of 
HOUSE AMENDMENT 
.. ~ . 
.,. 
I 
II 
HOUSE AMENDMENT" C. to COMMITTEE AMENDMENT "A" to S.P. 741, L.D. 1932 
regional school union) according to the Constitution of Maine and laws of this State, so 
help me God." 
A. A member shall take the oath or affirmation and return a certificate documenting 
that the oath or affirmation has been taken to the secretary of the regional school 
union committee to place in the regional school union committee records. 
B. 
If a member is conscientiously scrupulous of taking an oath, the word "affirm" 
may be used instead of "swear" and the words "this I do under the pains and penalty 
of perjury" may be used instead of the words "so help me God." 
6. Election of officers. The regional school union committee shall elect a chair and 
vice-chair and other officers as may be necessary. 
§2003. Methods of apportionment 
1. Method B: weighted votes. Under the method of representation referred to as 
"Method B," members cast weighted votes. 
A. 
The reapportionment committee under section 2024 shall apportion 1,000 votes 
among all the members of the committee. The ratio of the number of votes cast by the 
members representing a school administrative unit or municipality in relation to the 
number 1,000 must be the same ratio to the nearest whole number as the population 
of the school administrative unit or municipality is in relation to the population of all 
the school administrative units and municipalities in the regional school union, as 
determined by the latest Federal Decennial Census or Federal Estimated Census. 
B. 
To ensure the use of whole numbers, the 1,000 votes apportioned among the 
committee members may not be increased or decreased by more than 5 votes. 
C. A plan may not permit the voting power of any member to exceed by more than 
5% the percentage of voting power the member would have if all 1,000 votes were 
apportioned equally among the members. 
D. For a local education unit represented by 2 or more members, the votes cast by 
them must be divided equally among them. 
2. Method D: other. Under the method of representation referred to as "Method D," 
members are selected by any method other than that set forth in subsection I that meets 
the requirements ofthe one-person, one-vote principle. 
§2004. Appropriation for regional school union expenses 
Local education units shall appropriate for regional school union expenses their share 
of the costs of the regional school union in accordance with a cost-sharing formula 
established by its approved reorganization plan. The proportion to be paid by a local 
education unit must be paid out of the appropriation made for the support or maintenance 
of public schools. 
§2005. Rules 
The state board may adopt rules to cany out this chapter. Rules adopted under this 
section are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A. 
HOUSE AMENDMENT 
~. 
.~. 
II 
HOUSE AMENDMENT "r:;::O COMMITTEE AMENDMENT "A" to S.P. 741, L.D. 1932 
SUBCHAPTER 2 
FORMATION OF REGIONAL SCHOOL UNION 
§2011. Formation of a regional school union; reorganization planning and approval 
The residents of 2 or more school administrative units may form a regional school 
union that is a body politic and corporate pursuant to this section. 
1. Notice of intent. Each school administrative unit shall file with the commissioner 
a notice of intent to engage in planning and negotiations with other school administrative 
units for the purpose of developing a reorganization plan to form a regional school union 
under this chapter. The commissioner shall respond to each notice of intent providing 
information regarding the process and whether the intended action complies with the 
requirements of this chapter. 
2. Reorganization planning committee. The school administrative units that intend 
to engage in planning and negotiation to create a regional school union shall form a 
reorganization planning committee. 
A. 
For each proposed regional school union, the commissioner shall provide 
guidelines for the formation of a reorganization planning committee including 
representation from the school administrative units included in the notice of intent, 
member municipalities and members of the general public who are residents of the 
proposed 
regional 
school 
union. 
The guidelines 
must include 
roles and 
responsibilities of the committee, timelines for submission of the plan, the format for 
reporting the reorganization plan and evaluation criteria for approval of the plan. 
B. 
Reorganization planning committees shall hold one or more public meetings to 
gather input from community members and to determine the sentiment of the public. 
3. 
Submission of plans. 
Each school administrative unit shall submit to the 
commissioner its proposed reorganization plan for consolidation into a regional school 
union that meets the requirements of paragraphs A and B. 
A. A reorganization plan must include: 
(1) The local education units to be included in the proposed reorganized regional 
school union; 
(2) The size, composition and apportionment of the governing body; 
(3) The method of voting of the governing body; 
(4) The powers and duties ofthe regional school union; 
(5) The disposition of real and personal school property; 
(6) 
The disposition of existing school indebtedness and lease-purchase 
obligations; 
(7) The assignment of school personnel contracts, school collective bargaining 
agreements and other school contractual obligations; 
HOUSE AMENDMENT 
... 
". 
./ 
HOUSE AMENDMENT "f:;" to COMMITTEE AMENDMENT "A" to S.P. 741, L.D. 1932 
(8) The disposition of existing school funds and existing financial obligations, 
including undesignated fund balances, trust funds, reserve funds and other funds 
appropriated for school purposes; 
(9) A transition plan that addresses the development of a budget for the first 
school year of the regional school union and interim personnel policies; 
(10) Documentation of the public meeting or public meetings held to prepare or 
review the reorganization plan; 
(11) 
An explanation of how units that approve the reorgan ization plan will 
proceed if one or more of the proposed members of the regional school union fail 
to approve the plan; 
(12) 
An estimate of the cost savings to be achieved by the formation of a 
regional school union and how these savings will be achieved; 
(13) A method of sharing regional school union costs among its member local 
education units and a process of amending the cost-sharing formula; and 
(14) Such other matters as the governing bodies of the school administrative 
units in existence on the effective date of this chapter may determine to be 
necessary. 
B. In order for the plan to be approved by the commissioner, the governing bodies of 
school administrative units must work within the parameters set out in this paragraph. 
(1) 
The proposed regional school union must serve not fewer than 2,500 
students, except when circumstances relating to the following factors justify an 
exception: 
(a) Geography, including physical proximity and the size of the current 
school administrative units; 
(b) Demographics, including student enrollment trends and the composition 
and nature of communities in the regional school union; 
(c) Economics, including existing collaborations to be preserved or enhanced 
and opportunities to deliver commodities and services to be maximized; 
(d) Transportation; 
(e) Population density; or 
<D Other unique circumstances including the need to preserve existing or 
developing relationships, meet the needs of students, maximize educational 
opportunities for students and ensure equitable access to rigorous programs 
for all students. 
(2) When circumstances justify an exception to the size requirement of 2,500 
students set forth in subparagraph (1), the regional school union must serve as 
close to 2,500 students as possible and, except for coastal islands and schools 
operated by tribal school committees, it may not serve fewer than 1,200 students, 
HOUSE AMENDMENT 
.... ~. 
~. 
1 
/ 
HOUSE AMENDMENT" r:;" to COMMITTEE AMENDMENT "A" to S.P. 741, L.D. 1932 
except that, the commissioner may authorize a regional school union to serve 
fewer than 1,200 students but not less than 1,000 students in isolated rural 
communities if the proposed regional school union meets one of the following 
criteria: 
(a) 
The proposed regional school union comprises 3 or more school 
administrative units in existence prior to July 1,2008; 
(b) The member local education units of the proposed regional school union 
are surrounded by approved regional school units and there are no other 
school administrative units available to join the proposed regional school 
union; or 
(c) The member local education units of the proposed regional school union 
include 2 or more isolated small schools that are eligible for an isolated small 
school adjustment pursuant to section 15683, subsection I, paragraph F. 
In cases in which the commissioner denies the creation of a regional school 
union that has fewer than 1,200 but more than 1,000 students, the school 
administrative units may appeal to the state board. 
(3) 
The plan must provide for a core curriculum for all students from 
kindergarten to grade 12 and must include at least one publicly supported 
secondary school. 
(4) The plan must include provisions for implementing section 2002. 
(5) The plan may not displace teachers or students or close any schools existing 
and operating during the school year immediately preceding reorganization. 
4. 
Review and approval of plans. If the commissioner finds that a plan for 
reorganization meets the requirements of this chapter, the commissioner shall notify the 
municipalities and school administrative units, and they shall proceed with referendum as 
set out in subsections 5 and 6. 
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 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 reorganization plan prepared by the 
(insert name) Reorganization Planning Committee to reorganize (insert names of 
affected school administrative units) into a regional school union, with an effective 
date of (insert date)? 
Yes No" 
The following statement must accompany the article: 
"Explanation: 
HOUSE AMENDMENT 
i~' 
~. 
HOUSE AMENDMENT" (.0 COMMITfEE AMENDMENT "A" to S.P. 741. L.D. 1932 
A "YES" vote means that you approve of the (municipality or school administrative 
unit) joining the proposed regional school union. which will be provided with the 
following incentives: 
More favorable consideration in approval and funding of school construction 
projects; and 
EI igibility for additional financial support for reorganization costs. 
A "NO" vote means that you do not approve of the (municipality or school 
administrative unit) joining a regional school union, which will result in the existing 
(municipality or school administrative unit) receiving the following penalties: 
Less favorable consideration in approval and funding of school construction projects; 
and 
A reduction in state funding of education costs in an amount estimated to be 
$ ............. for school year 20 .... and $ ............. for school year 20 .... , with ongoing 
penalties for continued failure to join an approved regional school union. Reductions 
in state education funding will result in an increased mill rate expectation to meet the 
local share of education costs. " 
6. Results of referendum. Each school administrative unit shall report the results of 
the referendum to the department following the referendum election. 
A. 
A reorganization plan is approved by a kindergarten to grade 12 school 
administrative district or kindergarten to grade 12 community school district if the 
majority of votes cast in the district is in favor of approval of the plan. 
B. A reorganization plan is approved by the member municipalities of a community 
school district that does not provide public education for the entire span of 
kindergarten to grade 12 if the majority of votes cast in the member municipalities is 
in favor of approval of the plan. Approval results in all member municipalities 
joining the regional school union. 
C. A municipal school unit, including a municipal school unit that is a member of a 
school union, approves a reorganization plan if the majority of the votes cast in that 
municipality is in favor of approval of the plan. 
If a reorganization plan is approved by all of the affected school administrative units, or 
by the school administrative units considered sufficient under the proposed reorganization 
plan, the commissioner shall file notice of approval of the regional school union with the 
state board. 
7. Certificate of organization. If a plan or revised plan for reorganization has been 
approved by the commissioner and approved by voters at the referendum, the state board 
shall issue a certificate of organization to the school administrative units that are 
reorganized into a regional school union. 
§2012. Transitional powers and duties of the regional school union committee 
Within 30 days of the issuance of a certificate of organization for the regional school 
union by the state board, the school boards of the local education units shall appoint 
members of the regional school union committee in accordance with the approved 
HOUSE AMENDMENT 
~. 
~~. 
I 
II 
/ 
HOUSE AMENDMENT "r; "to COMMITTEE AMENDMENT "A" to S.P. 741, L.D. 1932 
reorganization plan. 
As used in this section, unless the context otherwise indicates, 
"regional school union committee" means the initial regional school union committee 
appointed pursuant to section 2002. From the time of appointment of the regional school 
union committee to July 1st of the regional school union's first operational year, the 
regional school union committee shall establish interim rules of procedure and shall elect 
officers who shall serve until officers are elected at a meeting following the operational 
date of the regional school union. The regional school union committee's powers and 
duties during this period are governed by this section. 
1. Selection of superintendent. The regional school union committee shall select a 
superintendent for the regional school union in accordance with section 1051 to carry out 
the duties specified in section 1055. During the interim period, the salary, office and 
other expenses of the superintendent, as well as the costs of the regional school union 
committee, including insurance, must be allocated to the local education units by the cost-
sharing formula included in the reorganization plan for the regional school union. 
2. Budget preparation and approval. The regional school union committee shall 
prepare the annual budget for the first operational year of the regional school union in 
accordance with section 2001. Specific duties may be assigned to existing personnel with 
the approval of the employing school administrative unit. 
The regional school union 
committee shall complete the budget development process and approve a regional school 
union budget. The budget format and assessments for the regional school union's first 
operational year budget must be in accordance with this chapter. 
3. Authorization. The regional school union committee is authorized to take all 
other actions provided under state law to prepare the regional school union to become 
operational on July I st for the first operational year, including the authority to open and 
maintain accounts, to incur expenses to be allocated among the regional school union's 
member local education units in accordance with the reorganization plan for the regional 
school union and to file applications for school construction projects and revolving 
renovation fund loans and other available funding. 
4. Fiscal agent. The regional school union committee is authorized to expend start-
up funds for the regional school union. A local education unit within the regional school 
union may serve as a fiscal agent and may expend any start-up funds on behalf of the new 
regional school union prior to the regional school union's operational date without calling 
for a special meeting of the local legislative body. 
§2013. Transfer of property and assets 
Upon the formation of a regional school union pursuant to this subchapter, the 
transfer of schoo I property and assets is governed by this section. 
1. 
Regional school union committee. 
Except as otherwise provided in a 
reorganization plan, a regional school union committee established in this chapter shall 
determine what school property of the municipal school units in existence prior to the 
operational date of the new regional school union and of the school administrative units 
in existence prior to the operational date of the new regional school union is necessary to 
carry out the functions of the regional school union and shall request in writing that the 
school board of each such school administrative unit or the municipal officers transfer 
title of their school property and buildings to the regional school union committee. 
HOUSE AMENDMENT 
". 
.~. 
/ 
HOUSE AMENDMENT '~" to COMMITTEE AMENDMENT "A" to S.P. 741, L.D. 1932 
2. 
Transfer. The municipal officers and school boards contacted pursuant to 
subsection 1 shall make the transfer of property and assets notwithstanding any other 
provision in the charter ofthe school administrative unit or municipality. 
§2014. Operational date and transfer of authority 
1. Operational date. A regional school union committee becomes operational on 
the date set by the state board as provided in this chapter. 
2. Transfer of governing authority. The regional school union committee, on the 
date established pursuant to subsection 1, shall assume responsibility for the governance 
of the regional school union. 
3. Transfer employees. Except as limited by paragraph A, all school employees 
who are employed by a school union whose members become local education units 
within the regional school union and employees of a school administrative unit 
performing the core functions and any delegated functions of a regional school union as 
identified in the reorganization plan on the day prior to the date established pursuant to 
subsection 1 must be transferred to and employed by the regional school union as of the 
date established pursuant to subsection 1. 
Those employees not transferred to the 
regional school union continue to be employed by the local education units under the 
same terms and conditions under which they were employed prior to the operational date. 
The regional school union shall assume all of the legal obligations and duties that the 
participating school administrative units owed to the transferred 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 chapter to neither decrease nor increase the rights and benefits of transferred 
employees, the employees employed by the local education units or the employer. 
A. Employees whose employment terminates by application of law or contract or by 
action of a participating school administrative unit before the date in subsection 1 
may not be transferred. 
B. Teachers and other employees who are transferred to the regional school union 
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. 
4. Superintendent contracts. The contracts between the superintendents and any 
school union whose members become local education units within the regional school 
union and school administrative units that become local education units within the 
regional school union are transferred on the date established pursuant to subsection 1 to 
the regional school union committee. The regional school union committee shall 
determine the superintendents' duties within the regional school unit. 
§2015. Addition of a school administrative unit to an existing regional school union 
A school administrative unit not originally a member of a regional school union may 
be included in the regional school union in accordance with this section. 
1. Notice of intent. A school administrative unit shall file with the commissioner a 
notice of intent to engage in planning and negotiations to join with a regional school 
HOUSE AMENDMENT 
itA. 
~. 
I 
II 
HOUSE AMENDMENT" { 
to COMMITTEE AMENDMENT "A" to S.P. 741. L.D. 1932 
union under this chapter. The commissioner shall respond to each notice of intent and 
provide information regarding the process and whether the intended action complies with 
the requirements of this chapter. 
2. Process to join a regional school union. A school administrative unit may join 
an existing regional school union in the same manner required for the formation of a 
regional school union under section 2011, except that section 2011, subsections 5, 6 and 7 
do not apply. 
3. 
Referendum for a school administrative unit to join an existing regional 
school union. The municipal officers of each municipality in a school administrative unit 
proposing to join a regional school union shall place a warrant article substantially as 
follows on the ballot of a municipal referendum 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 reorganization plan prepared by the 
(insert name) Reorganization Planning Committee for school administrative unit 
(insert name of affected school administrative unit) to join the regional school union 
(insert name of regional school union), with an effective date of (insert date)? 
Yes No" 
The following statement must accompany the article: 
"Explanation: 
A "YES" vote means that you approve of the (insert name of municipality or school 
administrative unit) joining the proposed regional school union. The financial 
penalties under the Maine Revised Statutes, Title 20-A, section 15696 to the existing 
school administrative unit will no longer apply." 
4. Referendum on the admission of an additional school administrative unit to 
an existing regional school union. 
If the vote to join a regional school union under 
subsection 3 was in the affirmative, the existing regional school union shall call a 
regional school union referendum to vote on the following article. 
"Article: Do you favor approving the school reorganization plan prepared by the 
(insert name) Reorganization Planning Committee for school administrative unit 
(insert name of affected school administrative unit) to join the regional school union 
(insert name of regional school union), with an effective date of (insert date)? 
Yes No" 
The following statement must accompany the article: 
"Explanation: 
A "YES" vote means that you approve of the (insert name of municipality or school 
administrative unit) joining the proposed regional school union. The financial 
penalties under the Maine Revised Statutes, Title 20-A, section 15696 will no longer 
apply to the existing school administrative unit." 
The referendum must be conducted in accordance with the referendum procedures 
applicable to regional school units, except that the duties ofthe regional school unit board 
must be performed by the regional school union committee. 
HOUSE AMENDMENT 
.... 
'\\. 
1 
HOUSE AMENDMENT ,~" to COMMITTEE AMENDMENT "A" to S.P. 741, L.D. 1932 
5. Results of referendum. A school administrative unit shall report the results of 
the referendum to the department following the referendum election. 
A. For a referendum conducted pursuant to subsection 3: 
(1) A reorganization plan is approved by a kindergarten to grade 12 school 
administrative district or kindergarten to grade 12 community school district if 
the majority of votes cast in the district is in favor of approval of the plan; 
(2) A reorganization plan is approved by a regional school union if the majority 
of votes cast in the regional school union is in favor of approval of the plan; 
(3) 
A reorganization plan is approved by the member municipalities of a 
community school district that does not provide public education for the entire 
span of kindergarten to grade 12 if the majority of votes cast in the member 
municipalities is in favor of approval of the plan. Approval results in all member 
municipalities joining the regional school union; and 
(4) A municipal school unit, including a municipal school unit that is a member 
of a school union, approves a reorganization plan if the majority of the votes cast 
in that municipality is in favor of approval of the plan. 
B. For a referendum conducted pursuant to subsection 4, a reorganization plan is 
approved by a regional school union if the majority of votes cast in the regional 
school union is in favor of approval of the plan. 
If a reorganization plan is approved by the affected school administrative unit, the 
commissioner shall file notice of approval with the state board. 
6. Amended certificate of organization. If a plan for reorganization has been 
approved by the commissioner and approved by voters at the referendum under 
subsections 3 and 4, the state board shall issue an amended certificate of organization to 
the reorganized regional school union. 
SUBCHAPTER 3 
REGIONAL SCHOOL UNION GOVERNANCE 
§2021. Powers and duties 
The regional school union committee: 
1. Regional school union name. May select an unofficial name for the regional 
school union; 
2. Finance committee. May elect a finance committee of 3 or more members, who 
must be regional school union committee members; 
3. Bylaws. Shall adopt bylaws for the regulation of the affairs of the regional school 
union committee and the conduct of its business; and 
HOUSE AMENDMENT 
"t-. ..... 
HOUSE AMENDMENT "(/;' to COMMITTEE AMENDMENT "A" to S.P. 741, L.D. 1932 
4. Gifts. May accept and receive money or other property, outright or in trust, for 
any specified benevolent or educational purpose. The regional school union committee 
shall comply with this subsection in accepting gifts. 
A. If the regional school union committee receives written notice from a prospective 
donor or a representative of the donor of a proposed gift, the regional school union 
committee shall submit the matter to its next regular meeting or shall call a special 
meeting and shall, within 10 days after the meeting, send written notice to the 
prospective donor or representative of its acceptance or rejection. 
B. If the gift is in trust, the regional school union committee shall cause the trust 
funds to be deposited or invested according to Title 30-A, chapter 223, subchapter 3-
A. 
(1) Unless prohibited by a trust instrument, the regional school union may treat 
any 2 or more trust funds as a single fund for the purposes of investment. 
(2) After deduction for management expenses, any interest earned or capital 
gains realized must be prorated among the various trust funds. 
(3) Property or securities included in the corpus of a trust fund must be retained 
where the trust instrument so provides. 
(4) Unless otherwise specified in the trust instrument, only the annual income 
from the trust fund may be spent. 
(5) If the regional school union fails to comply with the terms of the trust 
instrument, the trust fund is subject to reversion to the donor or the donor's heirs. 
C. If the money or other property is a conditional gift for any specified benevolent or 
educational purpose, this paragraph applies. 
(1) When the donor's part of the agreement respecting the execution of the 
conditional gift has been completed, the regional school union shall perpetually 
comply with, and may raise money to carry into effect, the conditions upon 
which it was made. 
(2) Unless otherwise specified by its terms, a conditional gift of money must be 
deposited or invested according to Title 30-A, chapter 223, subchapter 3-A. 
§2022. Quorum 
A majority of the regional school union committee In number and voting power 
constitutes a quorum. 
§2023. Regional school union committee vacancies 
1. Definition of vacancy. A vacancy on a regional school union committee occurs: 
A. When the term of office of a regional school union committee member expires; 
B. When a regional school union committee member changes residency from the 
local education unit represented. Evidence that an individual is registered to vote in a 
HOUSE AMENDMENT 
"."" 
HOUSE AMENDMENT "{,, to COMMITTEE AMENDMENT "A" to S.P. 741, L.D. 1932 
municipality in a local education unit is prima facie evidence of that individual's 
residency; 
C. On the death of a regional school union committee member; or 
D. 
When a regional school union committee member resigns from the regional 
school union committee or from the school board of the local education unit the 
member represents. 
In addition to paragraphs A, B, C and D, except in municipalities having a municipal 
charter, when a committee member is absent without excuse from 3 consecutive regular 
committee meetings, the regional school union committee may declare that a vacancy 
exists. 
2. Regional school union committee. The regional school union committee shall 
notify the school board of the local education unit of a vacancy within 14 days after 
receiving notice of the vacancy. 
3. Filling vacancies. A vacancy on a regional school union committee must be filled 
by the school board whose member vacated the regional school union committee seat 
within 30 days after receiving notice of the vacancy. 
§2024. Reapportionment 
The commissioner shall determine the necessity for reapportionment. 
1. Duties of commissioner. The commissioner shall determine if a regional school 
union is apportioned in accordance with the one-person, one-vote principle if: 
A. The commissioner receives a request by the regional school union committee; or 
B. The commissioner receives a petition signed by a number of regional school 
union voters equal to at least 10% of the voters in the regional school union who 
voted in the last gubernatorial election. 
In addition to a determination initiated by a request pursuant to paragraph A or a petition 
pursuant to paragraph B, the commissioner may, of the commissioner's own accord, 
determine that a regional school union is not apportioned according to the one-person, 
one-vote principle. 
The commissioner shall make a determination under paragraph A or B within 30 days of 
receiving the request or the petition. 
2. 
Awaiting census results. 
If the commissioner receives a request within 12 
months before a Federal Decennial Census or Federal Estimated Census, the 
commissioner may wait until after the new census figures are available to make a 
determination under subsection 1. 
3. 
Findings and order. 
If the commISSIOner finds the regional school union 
representation is not apportioned in accordance with the one-person, one-vote principle, 
the commissioner, within 7 days of that decision, shall notify the superintendent of the 
regional school union of the finding and order the superintendent to notify the school 
board in each local education unit in the regional school union and the regional school 
union committee to create a reapportionment committee. The superintendent's notification 
must include the commissioner's notification, the information provided pursuant to 
HOUSE AMENDMENT 
1\/f" 
0 
1 
5 
7 
8 
1 
HOUSE AMENDMENT" (,,, to COMMITTEE AMENDMENT "A" to S.P. 741, L.D. 1932 
subsection 6 and the time and place for the first meeting of the committee, which must be 
held not later than 20 days after the notification. 
4. 
Reapportionment committee membership. The reapportionment committee 
consists of 2 members from each school board, chosen by the respective school boards. 
5. Quorum. A majority of the reapportionment committee constitutes a quorum. 
6. Duties of commissioner. The commissioner shall provide the superintendent of 
the regional school union with the most recent Federal Decennial Census or Federal 
Estimated Census figures for each local education unit in the regional school union and at 
least one recommended apportionment plan. 
7. Duties of the reapportionment committee. The reapportionment committee 
shall: 
A. Elect a chair and secretary and may adopt suitable rules of procedure; 
B. Consider and by majority vote adopt a reapportionment plan including the method 
of representation, total number of members and number of members representing 
each local education unit; and 
C. Within 90 days of the first meeting, send a report of its reapportionment plan to 
the state board for approval. It may, within the 90-day limit, submit alternative plans 
for apportionment. 
8. Commissioner approval. The commissioner shall approve or disapprove the 
reapportionment committee plan under subsection 7 within 30 days of receiving it. 
9. Failure to gain commissioner approval. If a reapportionment plan has not been 
adopted by the reapportionment committee or approved by the commissioner within the 
time limits of subsection 7, the commissioner shall prepare a suitable plan. 
10. Putting the approved plan into effect. On approval of a reapportionment plan, 
the commissioner shall send a certified copy to the local education units and regional 
school union committee. The original reapportionment plan must be retained in the 
department files. 
A. 
The reapportionment plan takes effect immediately upon approval. The 
reapportionment committee shall determine the terms of the members to be elected at 
the next annual municipal elections so as to comply with this chapter. 
B. 
If the approved reapportionment plan requires a reduction of the number of 
members to be elected in a municipality, the reduction must be achieved in 
accordance with this paragraph. 
(1) If possible, the reduction must be achieved by the voluntary resignation of 
one or more of the members. 
(2) If the reduction cannot be achieved in accordance with subparagraph (1), all 
of the remaining existing members representing the local education unit shall 
choose by lot which members' terms must terminate. 
C. }fthe approved reapportionment plan requires that additional members be elected 
in a local education unit, the local school committee shall fill the vacancies by 
HOUSE AMENDMENT 
.. " 
1\. 
I 
II 
HOUSE AMENDMENT"~ "to COMMITTEE AMENDMENT "A" to S.P. 741, L.D. 1932 
appointment. A new member serves until a successor is elected and qualified at the 
next annual municipal election. 
D. The reapportionment committee is dissolved after the approved reapportionment 
plan is implemented. 
11. Duties of present members during reapportionment. The regional school 
union committee, during the reapportionment of its membership, serves as the legal 
representative of the regional school union until the reapportionment is completed. The 
comm ittee shall carry out all business of the regional school union, including the 
borrowing offunds that may be required during the period of reapportionment. 
12. State board review of commissioner's decisions. A regional school union 
comm ittee or interested parties may request that the state board reconsider decisions 
made by the commissioner under this section. The state board has the authority to 
overturn a decision made by the commissioner. In exercising this power, the state board is 
limited by this section. 
SUBCHAPTER 4 
CONTRACTS 
§2031. Bid procedure 
1. 
Written bids. Bids must be in writing, sealed with the outside envelope or 
wrapper plainly marked "Bid, not to be opened until (appropriate date)" and mailed to or 
filed with the superintendent. 
2. 
Time of opening. A member of the regional school union committee or an 
employee of the regional school union may not open a bid until the appointed time. 
3. Public opening. At the time and place stated in the public notice, and open to the 
public, all bids must be opened by the superintendent or, in the superintendent's absence 
or disability, by any member of the regional school union committee designated for the 
purpose by the chair of the regional school union committee. 
4. 
Reading. If any citizens who are not members of the regional school union 
comm ittee or employees of the regional school union are present or if any representatives 
of the press are present, bids must at the time of opening either be made available for 
examination by them or must be read aloud in a manner to be heard plainly by those in 
attendance. 
§2032. Void contracts 
A contract made by the regional school union committee during the term of a 
member who is pecuniarily interested in that contract, either directly or indirectly, is void, 
unless the regional school union committee has advertised for sealed bids for that contract 
and that advertisement for sealed bids has been published at least 5 days prior to the date 
set for closing of bids in a newspaper having general circulation within the regional 
school union. 
HOUSE AMENDMENT 
HOUSE AMENDMENT" {. to COMMITTEE AMENDMENT "A" to S.P. 741. L.D. 1932 
SUBCHAPTER 5 
BUDGET VALIDATION REFERENDUM 
§2041. Budget validation referendum 
1. Budget validation referendum. The annual budget of a regional school union 
does not become final until it has been approved by the regional school union committee 
and validated at a budget validation referendum conducted in accordance with this 
section. 
Every 3 years, the voters in the regional school union shall consider the continued use of 
the budget validation referendum process as provided in section 1486. 
2. Article. 
The article to be voted on at a budget validation referendum held 
pursuant to subsection 1 must be in substantially the following form: 
"Do you favor approving the (name of the regional school union) budget for the 
upcoming school year as approved by the regional school union committee and set 
forth below? 
Member 
................................... 
................................... 
Total (name of regional school union) 
Budget 
Yes No" 
Budget Share 
$ .................................. . 
$ .................................. . 
$ .................................. . 
$ ................................. .. 
$ .................................. . 
$ .................................. . 
The following statement must accompany the article: 
"Explanation: 
If this article is approved, each member will be required to pay from its approved 
school budget its budget share as shown above to (name of regional school 
union)." 
3. Procedures. The budget validation referendum held pursuant to subsection 1 
must be conducted in accordance with the following procedures. 
I 
A. If each school administrative unit that is a member of a regional school union is 
required to conduct a budget validation referendum on its annual budget, and if none 
of the warrants for those budget validation referenda has been signed at the time that 
the budget of the regional school union is approved by the regional school union 
committee, the article required in subsection 2 must be included as an additional 
article at each member's budget validation referendum. 
The voting on the budget 
validation article in each member school administrative unit is not required to be 
conducted on the same day. 
The return and counting of votes on the budget 
validation article must be conducted in the same manner as the procedures of section 
1503, subsection 3. 
HOUSE AMENDMENT 
-«" 
1\. --
I 
HOUSE AMENDMENT"~" to COMMITTEE AMENDMENT "A" to S.P. 741, L.D. 1932 
B. If a budget validation referendum is not conducted in accordance with paragraph 
A, the article required by subsection 4 must be submitted to a budget validation 
referendum called by the regional school union committee. The budget validation 
referendum must be called and conducted in the same manner as the procedures of 
section 1486, subsections 2 and 3. 
4. Failure to validate budget. If a majority of the voters in a regional school union 
does not vote in favor of validating the budget approved by the regional school union 
committee at a budget validation referendum, the regional school union committee shall 
prepare and approve a revised budget at least 10 days after the budget validation 
referendum. The revised budget approved by the regional school union committee must 
be submitted to the voters for validation at a budget validation referendum conducted in 
accordance with this section. The process must be repeated until a budget is approved by 
the regional school union committee and validated at referendum. If a budget is not 
approved by the regional school union committee and validated at referendum before July 
st of each year, the latest budget approved by the regional school union committee is 
automatically considered the budget for operational expenses for the ensuing year until a 
final budget is approved by the regional school union committee and validated at a budget 
validation referendum. 
Sec. C-IO. Reorganization planning. A regional school union, as established in 
the Maine Revised Statutes, Title 20-A, chapter 108, is deemed a regional school unit 
under Public Law 2007, chapter 240, Part XXXX, section 36 for all purposes including 
the goal for the number of regional units and the requirements with respect to the number 
of students in each regional unit. The Commissioner of Education shall apply the same 
criteria and shall allow the same exceptions for regional school unions as are applied to 
regional school units. A reorganization plan for a regional school union is also subject to 
the requirements of Public Law 2007, chapter 240, Part XXXX, section 36, subsection 6, 
paragraph F that the reorganization plan address how administrative functions, duties and 
non instructional personnel will be reorganized so that the projected expenditures for 
system administration, transportation, special education and facilities and maintenance 
will not have an adverse impact on the instructional program. A reorganization plan for a 
regional school union is subject to the same approval and referendum requirements as 
provided in Public Law 2007, chapter 240, Part XXXX, section 36, subsections 8 and 9. 
Sec. C-ll. Application. Notwithstanding any provision of law to the contrary, 
this Part applies to school administrative units and reorganization planning committees 
that, on the effective date of this Part, are engaged in or are required to be engaged in 
school reorganization planning pursuant to Public Law 2007, chapter 240, Part XXXX.' 
Amend the amendment by relettering or renumbering any nonconsecutive Part letter 
or section number to read consecutively. 
SUMMARY 
This amendment: 
1. Incorporates the substance of Senate Amendment "0" to Committee Amendment 
"A" to S.P. 741, L.D. 1932; 
HOUSE AMENDMENT 
HOUSE AMENDMENT" e" to COMMITTEE AMENDMENT "A" to S.P. 741, L.D. 1932 
2. Incorporates the substance of Senate Amendment "C" to S.P. 741, L.D. 1932 and 
allocates it within the proper statutory context; and 
3. Corrects 2 errors in which the terms "school administrative unit" and "school 
union" were erroneously employed. 
FISCAL NOTE REQUIRED 
(~sea 
) 
SPONSORED BY: t!l 
. ~ 
~
Ii 
-
(Representative M 
DONALD) 
TOWN: Boothbay 
HOUSE AMENDMENT 
Approved: 03/05108 frar:... 
LD 1932 
LR 3324(38) 
An Act To Amend the Laws Regarding School Funding 
Fiscal Note for House Amendment" {" to Committee Amendment "A" 
Sponsor: Rep. MacDonald of Boothbay 
Fiscal Note Required: Yes 
Fiscal Note 
Potential future biennium cost increase - General Fund 
Fiscal Detail and Notes 
Providing school administrative units with the option of forming a regional school union that aIlows for the dispersion 
of decision making authority to local education units within the regional school union except for certain core functions 
may increase the total cost ofK-12 public education in future biennia due to less savings being achieved versus what 
was anticipated in Public Law 2007, chapter 240, Part XXXX. The amount can not be determined at this time and 
wiIl depend on the number of regional school unions established and the ability of regional school unions and local 
education units within the regional school union to implement efficiencies. Two areas which could impact future 
General Fund costs include special education and transportation. 
Title 20-A, § 15681-A, sub-§2(D) requires that school administrative units receive sufficient funds for special 
education to ensure that the SAO's meet the federal maintenance of effort requirement for receiving federal 
Individuals with Disabilities Act funds. The maintenance of effort requirement states that the total amount of state 
and local funds budgeted by the local education agency for expenditures in a current fiscal year for the education of 
children with disabilities must be at least equal to the total amount of state and local school funds actually expended 
for the education of children with disabilities in the most recent preceding fiscal year. Less savings being achieved 
versus what was anticipated in Public Law 2007, chapter 240, Part XXXX may require a higher level of state and local 
funding in order to fulfill the maintenance of effort requirement. 
Title 20-A, § 15681-A, sub-§3 requires that school administrative units receive no less than 90% of the most recent 
year's reported net transportation expenditures. Less savings being achieved versus what was anticipated in Public 
Law 2007, chapter 240, Part XXXX may require a higher level of funding in order to meet the statutory requirement. 
LR3324(38) - Fiscal Note - Page I of I