An Act Making Unified Appropriations and Allocations for the Expenditures of State Government, General Fund and Other Funds, and Changing Certain Provisions of the Law Necessary to the Proper Operations of State Gdvernment for the Fiscal Years Ending June 30, 2008 and June 30, 2009
Maine Legislature, Session 123, LD 0499
Committee Amendment CA_A-SA_P_S221 (Senate)
Amends: 20-A MRSA §1, 20-A MRSA §15696

SENATE AMENDMENT" f" to COMMITTEE AMENDMENT "A" to H.P. 383, 
L.D. 499, Bill, "An Act Making Unified Appropriations and Allocations for the 
Expenditures of State Government, General Fund and Other Funds, and Changing Certain 
Provisions of the Law Necessary to the Proper Operations of State Gdvernment for the 
Fiscal Years Ending June 30, 2008 and June 30, 2009" 
Amend the amendment in Part XXXX by inserting before section 1 the following: 
'Sec. XXXX-l. 20-A MRSA §1, sub-§9-A is enacted to read: 
9-A. Education collaborative. "Education collaborative" means an association of 
school administrative units established pursuant to chapter 114.' 
Amend the amendment in Part XXXX in section 1 in subsection 20-A in the last line 
(page 750, line 2 in amendment) by inserting after "A" the following: 'or chapter 114' 
Amend the amendment in Part XXXX in section 5 in subsection 26 in the 3rd line 
(page 750, line 20 in amendment) by inserting after the following: "regional school unit" 
the following: " education collaborative' 
Amend the amendment in Part XXXX in section 5 in subsection 26 in the last line 
(page 750, line 25 in amendment) by inserting after the following: 
"103-A" the 
following: 'and an education collaborative formed pursuant to chapter 114' 
Amend the amendment in Part XXXX in section 13 in § 1451 in the first paragraph in 
the last line (page 751, line 14 in amendment) by inserting after the following: 
"administration" the following: 'pursuant to this chapter or to support the formation of 
educational collaboratives pursuant to chapter 114. A regional school unit shall' 
Amend the amendment in Part XXXX by striking out all of section 22 and inserting 
the following: 
'Sec. XXXX-22. 20-A MRSA c. 114 is enacted to read: 
CHAPTER 114 
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SENATE AMENDMENT "f "to COMMITTEE AMENDMENT "A" to H.P. 383, L.D. 499 
REGIONAL COLLABORATION 
§2601. Definitions 
As used in this chapter, unless the context otherwise indicates, the following terms 
have the following meanings. 
1. Administrative, instructional and noninstructional functions. "Administrative, 
instructional and non instructional functions" includes, but is not limited to, system 
administration, school administration, special education, transportation and buses and 
facilities maintenance. 
2. Collaborative a2;reement. "Collaborative agreement" means an agreement to 
share the responsibility for and cost of the delivery of certain administrative, instructional 
and noninstructional functions. "Collaborative agreement" includes, but is not limited to: 
A. Shared purchasing or contract agreements; 
B. Agreements for shared staff or staff training; 
C. Agreements to share technology or technology support; 
D. Agreements to provide special education programs and support services; 
E. Agreements to share accounting, payroll and financial management services; 
F. Agreements to coordinate transportation routing and vehicle maintenance; 
G. Agreements to share food service planning and purchasing; and 
H. Agreements to coordinate energy and facilities management. 
3. Education collaborative. "Education collaborative" means an association of 
school administrative units established through a collaborative agreement as described in 
section 2602. 
§2602. 
Formation of education collaborative; development of collaborative 
agreements 
1. 
Authorization. 
A school administrative unit may enter into collaborative 
agreements with other school administrative units to form an education collaborative and, 
whenever possible, may enter into collaborative agreements with local and county 
governments and State Government, to achieve efficiencies and reduce costs in the 
delivery of administrative, instructional and noninstructional functions. 
2. Alternative to regional school unit. An education collaborative formed pursuant 
to this chapter is an alternative to a regional school unit formed pursuant to chapter 
l03-A. 
3. Formation. By January 1, 2008, each school administrative unit wishing to form 
an education collaborative must enter into a written collaborative agreement with 2 or 
more other school administrative units of its choosing to conduct shared education 
programs and services as described in section 2601, subsection 2. An association of 
school administrative units formed pursuant to this chapter is an education collaborative. 
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SENATE AMENDMENT "I' "to COMMITTEE AMENDMENT "A" to H.P. 383, L.D. 499 
4. Shared services plan. By July 1, 2008, each education collaborative fonned 
pursuant to this chapter shall submit plans to the Commissioner of Education, by the 
process established by its collaborative agreement required under this section to provide 
shared education services for the 2008-2009 school year in at least 3 of the 8 areas 
described in section 2601, subsection 2 or approved by the commissioner. The plan must 
include proposed cost savings estimates. 
The Department of Education shall adopt 
routine technical rules in accordance with Title 5, chapter 375, subchapter 2-A regarding 
the nature of the shared service plans and the requirements for approval by the 
commissioner. A shared services plan may be altered pursuant to procedures set out in 
the departmental rules. 
§2603. Collaborative agreement requirements 
1. 
Elements. 
The written agreement that fonns the basis of an education 
collaborative must set forth: 
A. The programs and services that are covered by the agreement; 
B. The financial tenns and conditions of membership of the education collaborative; 
C. The method oftennination of the education collaborative; 
D. The procedure for withdrawal of member school administrative units from the 
education collaborative; 
E. The procedure for admitting new members; 
F. The procedure for amending the collaborative agreement; 
G. The powers and duties of the board of directors of the education collaborative to 
operate and manage the education collaborative; and 
H. Any other matter not incompatible that law that the member school administrative 
units detennine advisable. 
2. Approval required. The written agreement as set out in subsection 1 is subject to 
the approval of the member school administrative units and the commissioner. 
§2604. Board of directors 
An education collaborative is managed by a board of directors. 
1. Composition. The board of directors of an education collaborative must consist 
of one member appointed by each member school administrative unit. Each member 
must be either a school board member or a school board member's designee or the 
superintendent of schools or the superintendent's designee. A member of the board of 
directors is entitled to a vote according to the tenns of the education collaborative 
agreement. 
2. Powers. The board of directors of an education collaborative may: 
A. Borrow money, enter into long-tenn or short-tenn loan agreements or mortgages 
and apply for state, federal or corporate grants or contracts to obtain funds necessary 
to carry out the purpose for which the collaborative is established if the board of 
directors detennines that any such borrowing, loan or mortgage is cost-effective and 
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SENATE AMENDMENT "f "to COMMITTEE AMENDMENT "A" to H.P. 383, L.D. 499 
in the best interest of the collaborative and its member school administrative units. 
Any borrowing, loans or mortgages must be consistent with the written collaborative 
agreement and articles of incorporation, if any, of the education collaborative and 
with standard lending practices: and 
B. Employ an executive officer who shall serve under the general direction of the 
board of directors and who is responsible for the care and supervision of the 
education collaborative. 
3. Departmental liaison. The department shall appoint a liaison to serve in an 
advisory capacity to the education collaborative board of directors. The liaison my not 
vote on any matter that comes before the board of directors of an education collaborative. 
4. Trust fund authorized. A board of directors of an education collaborative shall 
establish and manage a trust fund, to be known as an education collaborative trust fund, 
and each such fund must be designated by an appropriate name. All money contributed 
by the member school administrative units and all grants or gifts from the Federal 
Government, State Government, charitable foundations, private corporations or any other 
source must be paid to the board of directors of the education collaborative and deposited 
in the trust fund. 
5. Treasurer. The board of directors of the education collaborative shall appoint a 
treasurer who may be a treasurer of a member school administrative unit. A member of 
the board of directors of the education collaborative may not serve as treasurer of the 
collaborative. 
A. 
The treasurer may, subject to the direction of the board of directors of the 
education collaborative, receive and disburse money of the trust fund without further 
appropriation. 
B. 
The treasurer shall give bond annually for the faithful performance of the 
treasurer's duties in a form approved by the Department of Administrative and 
Financial Services and in a sum, not less than the amount established by the 
department, as the board of directors of the education collaborative determines. 
C. The board of directors of the education collaborative may pay compensation to 
the treasurer for the treasurer's services. 
D. The treasurer may make appropriate investments of the money of the education 
collaborative trust fund consistent with the collaborative agreement. 
6. Public employer. The board of directors of the education collaborative is deemed 
to be a public employer and may employ personnel, including teachers, to carry out the 
purposes and functions of the education collaborative. 
7. Public entity. The education collaborative is deemed to be a public entity and has 
standing to sue and be sued to the same extent as does a school administrative unit. An 
education collaborative, acting through its board of directors, may enter into contracts for 
the purchase of supplies, materials and services and for the purchase or leasing of land, 
buildings and equipment as considered necessary by the board of directors. 
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SENATE AMENDMENT" (J" to COMMITTEE AMENDMENT "A" to H.P. 383, L.D. 499 
§2605. Prepayment by member units 
A school board of any member school administrative unit may authorize the 
prepayment of money for any education program or service of the education collaborative 
to the treasurer of an education collaborative, and the treasurer of the member school 
administrative shall approve and pay such money in accordance with the authorization of 
the school board. 
§2606. Collaborative agreements between previous education units 
A collaborative agreement between 2 or more previous education units may remain in 
effect after July 1, 2008. Notwithstanding any other provision of law to the contrary, 
collaborative agreements in existence on the effective date of this section may be 
extended or modified by the parties to the collaborative agreement.' 
Amend the amendment in Part XXXX in section 28 by striking out all of subsection 2 
(page 791, lines 10 to 18 in amendment) and inserting the following: 
'2. Member municipalities in school administrative districts, community school 
districts, regional school units; educational collaborative; total costs. 
For each 
municipality that is a member of a school administrative district ef~ community school 
district, regional school unit or member school administrative unit within an education 
collaborative, the commissioner shall annually determine each municipality's total cost of 
education. A municipality's total cost of education is the school administrative district's 
ef~ community school district's, regional school unit's or an education collaborative 
member school administrative unit's total cost of education multiplied by the percentage 
that the municipality's most recent calendar year average pupil count is to the school 
administrative district's ef~ community school district's, regional school unit's or an 
education collaborative member school administrative unit's most recent calendar year 
average pupil count.' 
Amend the amendment in Part XXXX in section 29 in subsection 3-A in paragraph B 
in the 2nd line (page 791, line 32 in amendment) by striking out the following: 
"or 
regional school unit" and inserting the following: " regional school unit or member 
school administrative unit within an education collaborative' 
Amend the amendment in Part XXXX in section 29 in subsection 3-A in paragraph 
B-1 in the first line (page 791, line 38 in amendment) by inserting after the following: 
"regional school unit" the following: 'or a member school administrative unit within an 
education collaborative' 
Amend the amendment in Part XXXX in section 29 in subsection 3-A in paragraph C 
in the 2nd line (page 792, line 6 in amendment) by inserting after the following: "school 
unit" the following: 
'or a member school administrative unit within an education 
collaborative' 
Amend the amendment in Part :xx:xx in section 30 in paragraph B in the first and 
2nd lines (page 792, lines 19 and 20 in amendment) by striking out the following: "or a 
regional school unit" and inserting the following: " a regional school unit or a member 
school administrative unit within an education collaborative' 
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SENATE AMENDMENT" f " to COMMITTEE AMENDMENT "A" to H.P. 383, L.D. 499 
Amend the amendment in Part XXXX in section 30 in paragraph B in the 3rd line 
(page 792, line 21 in amendment) by striking out the following: 
"school unit" and 
inserting the following: 'or a member school administrative unit within an education 
collaborative' 
Amend the amendment in Part XXXX by striking out all of section 32 and inserting 
the following: 
'Sec. XXXX-32. 20-A MRSA §15696 is enacted to read: 
§15696. Penalties for nonconforming school administrative units 
1. Authorized adjustments. Notwithstanding any other provision of this Title, the 
following adjustments to the calculation of subsidy under chapter 606-B are required 
beginning July 1, 2009 for a school administrative unit that is not a conforming school 
administrative unit or that is not a member of an education collaborative by January I, 
2008 or that fails to approve a shared service plan by July 1, 2008 as described in section 
2601, subsection 4. 
A. The school administrative unit's total cost of education is reduced by adjusting the 
cost component for system administration under section 15680, subsection 1, 
paragraph A to zero. ' 
Amend the amendment in Part XXXX by striking out all of section 35 and inserting 
the following: 
'Sec. XXXX-35. 
Legislative intent and policy. 
This Part establishes the 
process for increasing the efficiency and effectiveness of school administrative units by 
providing a process for reorganizing them into regional school units or education 
collaboratives that meet the policies set forth in the Maine Revised Statutes, Title 20-A, 
section 1451 and by assisting units to develop more efficient structures for providing 
administrative services. 
1. Meetings to be convened in each career and technical education region. 
Not 
later than July 15,2007, the Commissioner of Education, or the commissioner's designee, 
shall convene one or more meetings in each of the career and technical education regions 
in the State to present information about the requirements of this Part regarding 
consolidation and collaboration among school administrative units. 
A. The Commissioner of Education shall provide notice of the meeting or meetings 
to municipal officials and school officials from the municipalities and school 
administrative units within the region, as well as to the general public. 
B. In addition to other information presented at the meeting, the Commissioner of 
Education shall provide one or more maps showing the suggested alignment of 
municipalities and other school administrative units designed to increase efficiency 
and improve educational quality and to meet the requirements of subsection 6. 
C. 
Maps presented by the Commissioner of Education and alignment options 
considered by school administrative unit representatives must reflect: 
(1) The intent and goals set forth in Title 20-A, section 1451; and 
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SENA TE AMENDMENT" P" to COMMITTEE AMENDMENT" A" to H.P. 383, L.D. 499 
(2) The intent that school units existing on the effective date of this Act be 
reorganized into not more than 80 regional units or education collaboratives and 
that units of at least 2,500 resident students be created except where 
circumstances justify an exception to that size requirement. When circumstances 
justify an exception to the requirement of 2,500 students, the unit or education 
collaborative must serve as close to 2,500 students as possible and in no case, 
except for offshore islands and schools operated by tribal school committees, 
may it serve fewer than 1,200 students. 
2. Notice of intent. By August 31, 2007, each school administrative unit shall file 
with the Commissioner of Education: 
A. 
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 unit or education collaborative under this Part and Title 20-A, chapter 
103-A or chapter 114; or 
B. A notice of intent to submit an alternative plan that meets the requirements of 
subsection 6, paragraph F. An alternative plan may be submitted only by a unit that 
IS: 
(1) An offshore island; 
(2) A school operated by a tribal school committee pursuant to the Maine 
Revised Statutes, Title 30, section 6214; or 
(3) A school administrative unit that serves more than 2,500 students, or 1,200 
students where circumstances justify an exception to the requirement of 2,500 
students under subsection 6, paragraph A, where expansion of the unit would be 
inconsistent with the policies set forth in Title 20-A, section 1451. 
The Commissioner of Education shall respond to each notice of intent by September 15, 
2007, indicating whether the intended action complies with the requirements of this Part. 
3. Reorganization planning committee. Municipalities that intend to engage in 
planning and negotiation to create a regional school unit or education collaborative shall 
form a reorganization planning committee. 
A. 
For each proposed regional school unit or education collaborative, the 
Commissioner of Education shall provide guidelines for the formation of a 
reorganization planning committee including representation from the school 
administrative units in existence on the effective date of this Part, member 
municipalities and members of the general public who are residents of the proposed 
regional school unit or education collaborative. The guidelines must include roles 
and responsibilities of the committee, time lines 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. 
4. Submission of plans. By December 1,2007, each school administrative unit shall 
submit to the Commissioner of Education either: 
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A. Its proposed reorganization plan for consolidation into a regional school unit or 
education collaborative that meets the requirements of subsections 5 and 6; or 
B. 
Its proposed plans for reducing the cost of services within the school 
administrative unit to meet the requirements of subsection 6, paragraph F. 
5. Content. A reorganization plan must include: 
A. The units of school administration to be included in the proposed regional school 
unit or education collaborative; 
B. The size, composition and apportionment of the governing body; 
C. The method of voting of the governing body; 
D. The composition, powers and duties of any local school committees to be created; 
E. The disposition of real and personal school property; 
F. The disposition of existing school indebtedness and lease-purchase obligations if 
the parties elect not to use the provisions of section 1506 regarding the disposition of 
debt obligations; 
G. The assignment of school personnel contracts, school collective bargaining 
agreements and other school contractual obligations; 
H. 
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; 
I. A transition plan that addresses the development of a budget for the first school 
year of the reorganized unit and interim personnel policies; 
J. Documentation of the public meeting or public meetings held to prepare or review 
the reorganization plan; 
K. An explanation of how units that approve the reorganization plan will proceed if 
one or more of the proposed members of the regional school unit or education 
collaborative fail to approve the plan; 
L. An estimate of the cost savings to be achieved through formation of a regional 
school unit or education collaborative and how costs will be reduced; and 
M. Such other matters as the governing bodies of the school administrative units in 
existence on the effective date of this Part may determine to be necessary. 
6. Parameters. In developing a reorganization plan for school administrative units 
in existence on the effective date of this Part, the governing bodies of school 
administrative units shall work within the following parameters: 
A. 
The proposed regional school unit or education collaborative must serve not 
fewer than 2,500 students, except where circumstances relating to the following 
factors justify an exception: 
(1) Geography, including physical proximity and the size of the current school 
administrative unit; 
(2) Demographics, including student enrollment trends and the composition and 
nature of communities in the regional school unit; 
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(3) Economics, including existing collaborations to be preserved or enhanced 
and opportunities to deliver commodities and services to be maximized; 
(4) Transportation; 
(5) Population density; or 
(6) 
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. 
When circumstances justify an exception to the requirement of 2,500 students, the 
unit or education collaborative must serve as close to 2,500 students as possible and 
in no case, except for offshore islands and schools operated by tribal school 
committees, may it serve fewer than 1,200 students; 
B. 
The proposed unit or education collaborative, viewed in conjunction with 
surrounding proposed units, may not result in one or more municipalities being 
denied the option to join a regional school unit or education collaborative; 
C. 
The plan must provide comprehensive programming for all students from 
kindergarten to grade 12 and must include at least one publicly supported secondary 
school; 
D. The plan must be consistent with the policies set forth in Title 20-A, section 1451; 
E. The plan may not displace teachers or students or close any schools existing and 
operating during the school year immediately preceding reorganization, except as 
permitted under section 1512; and 
F. The plan must reorganize administrative functions, duties and noninstructional 
personnel in order that the following be accomplished: 
(1) 
The projected expenditures of the reorganized school unit or education 
collaborative in fiscal year 2008-09 for transportation, special education and 
facilities and maintenance must be 5% less than the projected transportation, 
special education and facilities and maintenance expenditures of each of the 
participating school administrative units in fiscal year 2007-08; and 
(2) The projected expenditures of the reorganized school unit or education 
collaborative in fiscal year 2008-09 for system administration must be no more 
than the legislatively approved essential programs and services system 
administration rate established for fiscal year 2008-09. 
7. Review and approval of plans. If the Commissioner of Education finds that a 
plan for reorganization meets the requirements of this Part, the commissioner shall notify 
the municipalities and school administrative units and they shall proceed with 
referendum. 
A. If the Commissioner of Education finds that a plan for reorganization is not 
consistent with subsection 6 and the purposes and goals of this Part, or that it has not 
adequately addressed the matters set forth in subsection 6, the commissioner shall 
return the plan to the governing bodies of those school administrative units by 
December 15, 2007 with specific suggestions for modification of the plan. 
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SENATE AMENDMENT" P" to COMMITTEE AMENDMENT "A" to H.P. 383, L.D. 499 
B. Upon the return of a reorganization plan by the Commissioner of Education, the 
governing body of the school administrative unit shall revise the proposed plan for 
reorganization to address the commissioner's findings and submit a revised plan for 
reorganization not more than 30 days after the commissioner returns the plan for 
revision. 
C. The Commissioner of Education shall approve or disapprove the revised plan for 
reorganization not more than 14 days after it is refiled by the unit. 
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 on 
January 15, 2008 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 or 
education collaborative, with an effective date of 
? 
YeslNo" 
The following statement must accompany the article: 
"Explanation: 
A "YES" vote means that you approve of the (municipality or school administrative 
unit) joining the proposed regional school unit or education collaborative, which will 
be provided with the following incentives: 
More favorable consideration in approval and funding of school construction 
projects; and 
Eligibility 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 unit or education collaborative, which 
will result in the existing (municipality or school administrative unit) receiving the 
following penalties: 
A reduction in state funding of education costs in an amount estimated to be 
$ 
for school year 200_ and $ 
for school year 200 -y with the 
possibility of ongoing penalties for continued failure to join an approved regional 
school unit or education collaborative. Reductions in state education funding will 
likely result in an increased mill rate expectation to meet the local share of 
education costs." 
The Department of Education shall pay the cost of a referendum conducted before or on 
January 15, 2008. 
9. Results of referendum. Each school administrative unit shall report the results of 
the referendum to the Department of Education. 
A. 
A reorganization plan is approved by a kindergarten to grade 12 school 
administrative district or a kindergarten to grade 12 community school district if the 
majority of votes cast in the district are in favor of approval of the plan. 
Page lO- 123LR2452(34)-1 
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SENATE AMENDMENT" P" to COMMITTEE AMENDMENT "A" to H.P. 383, L.n. 499 
B. 
A reorganization plan is approved by the member municipalities of a 
nonkindergarten to grade 12 community school district 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 unit or education collaborative for 
all purposes for kindergarten to grade 12. 
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 are in favor of approval of the plan. 
D. 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 
units' reorganization plan, the Commissioner of Education shall file notice of 
approval of the unit with the State Board of Education. 
10. Certificate of organization. If a plan or revised plan for reorganization has 
been approved by the Commissioner of Education and approved by voters at the 
referendum, the State Board of Education shall issue a certificate of organization to the 
school administrative units that are reorganized into regional school units or education 
collaboratives. 
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 may restart the process to form a 
regional school unit or education collaborative 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 
time lines 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 and to implement that plan by July 1,2009. 
12. Reformulation of school administrative district as regional school union or 
education collaborative. 
Not later than December 1, 2008, the Commissioner of 
Education shall notify any school administrative district that has not voted to form a 
regional school unit or education collaborative on or before November 4, 2008 that the 
school administrative district must be recreated as a regional school unit or must enter 
into an education collaborative under Title 20-A, chapter 103-A or chapter 114, effective 
July 1,2009. Notwithstanding any other provision of law, a school administrative district 
may be changed to a regional school unit or enter into an education collaborative upon 
notice to the State Board of Education without dissolving the school administrative 
district. ' 
Amend the amendment in Part XXXX in section 36 in subsection 1 in the first line 
(page 799, line 19 in amendment) by inserting after the following: "reorganization" the 
following: 'or formation of an education collaborative' 
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SENATE AMENDMENT" P " to COMMITTEE AMENDMENT "A" to H.P. 383, L.D. 499 
Amend the amendment in Part XXXX in section 36 in subsection 3 in the 3rd line 
(page 799, line 27 in amendment) by inserting after the following: "plans" the following: 
'or plans to form education collaboratives' 
Amend the amendment in Part XXXX in section 36 in subsection 5 in the 3rd line 
(page 799, line 35 in amendment) by inserting after the following: "reorganization" the 
following: 'or formation of an education collaborative' 
Amend the amendment in Part XXXX by striking out all of sections 38 and 39 and 
inserting the following: 
'Sec. XXXX-38. 
Adjustment for regional school unit or education 
collaborative start-up costs. 
The Commissioner of Education shall establish an 
adjustment for the fiscal year 2008-09 to support the start-up costs associated with the 
reorganization of school administrative units to regional school units or education 
collaboratives in accordance with the Maine Revised Statutes, Title 20-A, chapter 103-A 
or chapter 114.' 
Amend the amendment in Part XXXX in section 42 by striking out all of subsections 
and 2 (page 801, lines 33 to 44 in amendment) and inserting the following: 
'1. 
Operational date. A regional school unit board of directors or education 
collaborative 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 or 
chapter 114. 
2. 
Transfer of governing authority; regional school units or education 
collaboratives approved prior to January 16,2008. This subsection applies to regional 
school units or education collaboratives approved prior to January 16, 2008. 
A. 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, 2008 
that are within the regional school unit. 
Those school administrative units in 
existence prior to July 1, 2008, on the date established in subsection 1, have no 
further responsibility for the operation or control of the public schools and programs 
within the school administrative unit except those pursuant to section 1481. 
B. 
The education collaborative board of directors, on the date established in 
subsection 1, shall assume responsibility of the programs as described in the 
collaborative agreement reached pursuant to Title 20-A, section 2601 within the 
school administrative units in existence prior to July 1, 2008 that are within the 
education collaborative.' 
Amend the amendment in Part XXXX by striking out all of section 43. 
Amend the amendment in Part XXXX in section 46 in the 5th line (page 807, line 19 
in amendment) by inserting after the following: "legislation to" the following: 'require 
that all school administrative units to send their budgets out to referendum and to' 
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Amend the amendment in Part XXXX in section 46 in the 6th line (page 807, line 20 
in amendment) by inserting after the following: "governance" the following: 'or to form 
an education collaborative' 
Amend the amendment in Part XXXX by inserting after section 46 the following: 
'Sec. XXXX-47. School budgets. Notwithstanding any provision of law to the 
contrary, school administrative unit budgets developed after January 1,2008 must follow 
the same school budget requirements as regional school units pursuant to the Maine 
Revised Statutes, Title 20-A, chapter 103-A. 
1. Cost center summary budget format. After January 31, 2008, the format of the 
annual budget of a school administrative unit must be in accordance with this subsection. 
A. The budget for a school administrative unit must consist of the cost centers and 
supporting data for: 
(1) Expenditures for those areas set out in Title 20-A, section 2601, subsection 2; 
(2) Revenue sources in accordance with the school administrative unit; 
(3) A summary of total expenditures; and 
(4) For fiscal year 2008-09, data documenting state and local savings from the 
formation of an education collaborative or the reorganization into a regional 
school unit and the resulting mill rate reduction for each member municipality. 
B. 
The warrant articles presented to the board of directors of the school 
administrative unit for approval of the budget must correspond to the categories 
of the cost center summary budget described in this subsection. In addition to 
expenditure and revenue cost center summary totals, the board of directors shall 
provide to voters a reasonably detailed breakdown for each major subcategory 
within each budget category. The Department of Education shall adopt routine 
technical rules pursuant to Title 5, chapter 375, subchapter 2-A defining and 
establishing the content of those informational subcategories. 
C. A school administrative unit cost center summary budget must be approved at 
a budget meeting and by a budget validation referendum as provided in 
subsection 2. 
D. 
During the year for which the budget is approved using the cost center 
summary budget format, the board of directors of an school administrative unit 
may transfer an amount not exceeding 5% of the total appropriation for any cost 
center to another cost center or among other cost centers without voter approval. 
2. 
Budget validation referendum. After January 31, 2008, the procedure for 
approval of the annual budget of a school administrative unit must be in accordance with 
this subsection and subsection 1. 
A. Following development of the annual budget for a school administrative unit and 
approval at a budget meeting as provided in subsection 1, a referendum must be held 
in the member school administrative units as provided in this section to allow the 
voters to validate or reject the total budget adopted at the budget meeting. 
SENATE AMENDMENT 
.. , . 
... 
SENATE AMENDMENT" P" to COMMITTEE AMENDMENT "A" to H.P. 383, L.D. 499 
Every 3 years, the voters in a school administrative unit shall consider continued use 
of the budget validation referendum process. The warrant at the budget validation 
referendum in the 3rd year following adoption or continuation of the referendum 
process must include an article by which the voters of the member school 
administrative units may indicate whether they wish to continue the process for 
another 3 years. A vote to continue retains the process for 3 additional years. A vote 
to discontinue the process ends its use beginning with the following budget year and 
prohibits its reconsideration for at least 3 years. 
B. The budget validation referendum must be held on or before the 10th day, other 
than Saturday, Sunday or a legal holiday, following the scheduled date of the school 
administrative unit budget meeting. The vote at referendum is for the purpose of 
approving or rejecting the total school administrative unit budget approved at the 
school administrative unit budget meeting. 
The board of trustees 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 board of trustees of the 
school administrative unit for each cost center summary budget category article, the 
amount approved at the budget meeting, a summary of the total authorized 
expenditures and, if applicable because of action on an article under Title 20-A, 
section 15690, subsection 3, paragraph A, a statement that the amount approved at 
the budget meeting includes locally raised funds over and above a member school 
administrative unit's local contribution to the total cost of funding public education 
from kindergarten to grade 12 as described in the Essential Programs and Services 
Funding Act. 
C. The method of calling and voting at a budget validation referendum is as provided 
in Title 20-A, sections 1503 and 1504, except as otherwise provided in this paragraph 
or as is inconsistent with other requirements of this subsection. 
(1) A public hearing is not required before the vote. 
(2) The warrant for a school administrative unit budget meeting to be followed 
by a budget validation referendum may be a consolidated warrant covering both. 
(3) The warrant and absentee ballots must be delivered to the municipal clerk at 
least 7 days before the date of the school administrative unit budget meeting. 
(4) Absentee ballots received by the municipal clerk may not be processed or 
counted unless received after the conclusion of the school administrative unit 
budget meeting and before the close of the polls. 
(5) All envelopes containing absentee ballots received before the conclusion of 
the school administrative unit budget meeting or after the close of the polls must 
be marked "rejected" by the municipal clerk. 
3. Failure to approve budget. 
If the voters do not validate the budget approved in 
the school administrative unit budget meeting at the budget validation referendum vote, 
the board of directors of the school administrative unit shall hold another school 
administrative unit budget meeting in accordance with this subsection and subsection 1 at 
least 10 days after the referendum to vote on a budget approved by the school 
administrative unit board. The budget approved at the education collaborative budget 
meeting must be submitted to the voters for validation at referendum in accordance with 
SENATE AMENDMENT 
..... 
t. 
SENATE AMENDMENT" p" to COMMITTEE AMENDMENT "A" to H.P. 383, L.D. 499 
this section. 
The process must be repeated until a budget is approved at a school 
administrative unit budget meeting and validated at referendum. If a budget is not 
approved and validated before July 1 st of each year, subsection 4 applies. 
4. Failure to pass. If a budget for a school administrative unit is not approved prior 
to July 1 st, the latest budget as submitted by the board of the directors of the school 
administrative unit is automatically considered the budget for operational expenses for 
the ensuing year until a final budget is approved, except that, when the board of trustees 
of the school administrative unit delays the budget meeting, the operating budget must be 
approved within 30 days of the date the Commissioner of Education notifies the board of 
trustees of the school administrative unit of the amount allocated to a school 
administrative unit or the latest budget submitted by the board of trustees of the school 
administrative unit becomes the operating budget for the next school year. 
S. Special budget meeting. The board of trustees of the school administrative unit 
may call a special budget meeting when it declares that an emergency exists. The voters 
of the member school administrative units may authorize the board of trustees of the 
school administrative unit at a special budget meeting to expend additional funds from 
the school administrative unit's undesignated fund balance or to pledge the credit of the 
school administrative unit to obtain additional money for the operation of schools. A 
special budget meeting held on or after July 1, 2008 must be conducted in accordance 
with subsections 1 and 2.' 
Amend the amendment by relettering or renumbering any nonconsecutive Part letter 
or section number to read consecutively. 
SUMMARY 
This amendment provides another choice to local school administrative units. Besides 
the regional school districts established in the committee amendment, this amendment 
also sets up parameters to allow 2 or more school administrative units to form an 
education collaborative. By July 1, 2008, each school administrative unit that wishes to 
form an education collaborative must submit a plan to share education services in 3 of 8 
possible areas, such as administration, transportation or facilities management. These 
collaborative programs must be in place for the 2008-2009 school year. The amendment 
provides guidance on the formulation of the education collaborative and how such an 
entity is governed. As in the committee amendment, existing collaborative agreements 
are allowed to remain in place and an education collaborative is allowed to share services 
with municipalities, counties and other governmental and quasi-governmental entities to 
SENATE AMENDMENT 
&... 
SENATE AMENDMENT" P" to COMMITTEE AMENDMENT "A" to H.P. 383, L.D. 499 
.... 
~ 
generate further savings. The amendment also retains the 5% savings proposed in the 
committee amendment and the cost center summary budget formation and budget 
validation referendum procedures. 
FISCAL NOTE REQUIRED 
SPONSOREDBY:~-h~~ __ 4-~~~~ 
____ __ 
(Senator WEST 
COUNTY: Wal 0 
SENATE AMENDMENT 
Approved: 06/04/07 MaC!. 
LD499 
LR 2452(34) 
An Act Making Unified Appropriations and Allocations for the Expenditures of State Government, 
General Fund and Other Funds, and Changing Certain Provisions of the Law Necessary to the Proper 
Operations of State Government for the Fiscal Years Ending June 30, 2008 and June 30, 2009 
Fiscal Note for Senate Amendment" P " to Committee Amendment "A" 
Sponsor: Sen. Weston of Waldo 
Fiscal Note Required: Yes 
Fiscal Note 
No net fiscal impact 
Fiscal Detail and Notes 
This amendment does not affect General Fund appropriations during the 2008-2009 biennium and a balanced budget is 
maintained. 
LR2452(34) - Fiscal Note - Page 1 of I