An Act To Remove Barriers to the Reorganization of School Administrative Units
Maine Legislature, Session 123, LD 2323
House Amendment HA_G_H1041 (House)
Amends: 20-A MRSA §1461, 20-A MRSA §1464, 20-A MRSA §1479, 20-A MRSA §1481-B, 20-A MRSA §1486, 20-A MRSA §1487, 20-A MRSA §1506, 20-A MRSA §15696

HOUSE AMENDMENT .(5- "to S.P. 931, L.D. 2323, Bill, "An Act To Remove 
Barriers to the Reorganization of School Administrative Units" 
Amend the bill by striking out all of the emergency preamble (page 1, lines 1 to 16 in 
L.D.) 
Amend the bill by inserting after section 3 the following: 
'Sec.4. 20-A MRSA §1461, sub-§5, as enacted by PL 2007, c. 240, Pt. XXXX, 
§ 13, is amended to read: 
5. 
Referendum on reorganization plan. 
The municipal officers of each 
municipality in a proposed reorganized school administrative unit or alternative 
organizational structure shall place a warrant article substantially as follows on the ballot 
of a municipal referendum conducted in accordance with the referendum procedures 
applicable to the school administrative unit of which the municipality is a member. 
"Article: 
Do you favor approving the school administrative reorganization plan 
prepared by the (insert name) Reorganization Planning Committee to reorganize 
(insert names of affected school administrative units) into a regional school unit or 
alternative organizational structure, with an effective date of (insert date)? 
Yes No" 
The follo'tYing statement must aeeompany the artiele: 
"Explanation: 
A "YES" vote means that YOH appro',e of the (mHnieipalit)' or sehool 
administrative Hnit) joining the proposed regional sehool HAit. 
The finan6ial 
penalties HAder the Maine Revised Starutes, Title 20 A, seetion 15696 to the 
existing sehool administrative units ,tYiII no longer apply to the proposed regional 
sehool Hnit.'" 
Amend the bill by inserting after section 4 the following: 
'Sec.5. 20-A MRSA §1464, sub-§4 is enacted to read: 
HOUSE AMENDMENT 
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HOUSE AMENDMENT ,V" to S.P. 931, L.D. 2323 
4. Application of collective bargaining agreements. On or after the operational 
date of a regional school unit established pursuant to section 1463, subsection 1 but 
before the completion of negotiations for a single regional school unit-wide collective 
bargaining agreement for the regional school unit-wide bargaining unit as described in 
subsection 3, the wages, hours and working conditions of an employee of the regional 
school unit who is in a bargaining unit and who is reassigned to a different position that is 
or, upon the completion of the merger of bargaining units, will be included in the same 
regional school unit-wide bargaining unit are determined by the terms of the existing 
collective bargaining agreement that applies to the position to which the employee is 
reassigned, except as provided in this subsection. 
A. If the application of the existing collective bargaining agreement would cause a 
reduction in the employee's wage or salary rate, the employee's wage or salary rate 
must be maintained at the rate the employee was paid immediately prior to the 
reassignment until the completion of negotiations for a single regional school unit-
wide collective bargaining agreement for the regional school unit-wide bargaining 
unit as described in subsection 3 or the applicable collective bargaining agreement or 
any interim successor agreement requires a higher wage or salary rate for the 
employee, whichever occurs sooner. 
B. If the application of the existing collective bargaining agreement would cause a 
reduction in the amount that is paid by the regional school unit for premiums for 
health insurance for the employee and the employee's dependents, the regional school 
unit's payment must be maintained at the amount that was paid immediately prior to 
the reassignment until the completion of negotiations for a single regional school 
unit-wide collective bargaining agreement for the regional school unit-wide 
bargaining unit as described in subsection 3 or the applicable collective bargaining 
agreement or any interim successor agreement requires a higher payment. whichever 
occurs sooner. 
C. If the application of the existing collective bargaining agreement provides for 
coverage under a different health insurance plan, the employee may elect to retain 
coverage under the health insurance plan in which the employee was enrolled 
immediately prior to reassignment if the eligibility provisions of the plan permit until 
the completion of negotiations for a single regional school unit-wide collective 
bargaining agreement for the regional school unit-wide bargaining unit as described 
in subsection 3.' 
Amend the bill by inserting after section 8 the following: 
'Sec. 9. 20-A MRSA §1479, sub-§3, ~, as enacted by PL 2007, c. 240, Pt. 
XXXX, §I3, is amended to read: 
B. The regional school unit may negotiate tHe a new contract pursuant to chapter 
115. 
Sec. 10. 20-A MRS A §1479, sub-§4, as enacted by PL 2007, c. 240, Pt. XXXX, 
§ 13, is amended to read: 
4. Absence of contract; maintenance of school choice opportunities. A student 
whe resides in a sehool administrati,,'e uRit that does net maintain that student's grade 
HOUSE AMENDMENT 
HOUSE AMENDMENT ,if" to S.P. 931, L.D. 2323 
from Idndergartefl to grade 12, afld that does flOt enter iflto a eOfltraet for the edHeatioR of 
its stl-ldents f3HrsHaflt to this ehaf3ter, has the of3tiOfl of attefldiflg a f3Hblie sehool ifl aRother 
sehool admiRistrative Hflit or f3rivate sehool af3f3roved for mitiofl f3HFfJoses sHbjeet to the 
f3rovisions of ehaf3ter 219 if that of3tiOR Vias available from the f3rellioHs sehool Hflit for 
the area in whieh that stHdeflt resides. A school administrative unit that neither maintains 
a school nor contracts for school privileges pursuant to chapter 115 shall continue to pay 
tuition, in accordance with chapter 219, for a student who resides in the school 
administrative unit at the public school or the private school approved for tuition 
purposes of the parent's choice at which the student is accepted, calculated in accordance 
with subsection 5. 
Sec. 11. 20-A MRS A §1479, sub-§5, as enacted by PL 2007, c. 240, Pt. XXXX, 
§ 13, is amended to read: 
5. 
Additional expense. If, f3HrsHaRt to sHbseetiofl 4, a stHdeflt atteflds a f3l-1blie 
sehool in aRother sehool admiflistrative HRit or private sehool af3f3FO'red for tHitioR 
pHFfJoses sl-lbjeet to the f3rovisioflS of ehaf3ter 219, and the RHmber of seeoRdaF)' sehool 
stHdeRts from OAe or more mHRieif3alities ifl a regional sehool Hflit that attefld a f3l-1blie 
sehool in a differeflt sehool admiflistrative HAit or an af3f3roved f3rivate sehool is less thaA 
all the seoofldaF)' sehool SmdefltS ifl the regioflal sohool Hflit, the sefldiflg mHflieif3ality of 
the regional sehool HRit is resf30flsible for the additioflal e*f3eflse ealeHlated HRder this 
sHbseetion. In a regional school unit where some but not all of the students are attending 
school pursuant to this section, the sending municipality is responsible for the additional 
expense as calculated in accordance with this subsection. 
A. For each secondary school student who attends a public school in another school 
administrative unit, the sending municipality in a regional school unit is responsible 
for an amount equal to the flHmber of seeoRdary sehool stHdeRts from that regioflal 
sehooll-iRit mHltif3lied by the amoHRt that the reoei1riRg regioflal sehool Hflit's mitiofl 
rate pl-lrSHaRt to seetiofl 5805 difference in tuition in cases when it exceeds the 
amount of the seRdiflg regional school unit's tuition rate f3l-1rSHaflt to calculated in 
accordance with section 5805. 
B. 
For each secondary school student who attends a private school approved for 
tuition purposes subject to the provisions of chapter 219, the sending municipality in 
l! regional school unit is responsible for an amount equal to the RHmber of seeofldaF)' 
sehool SmdeRtS from the regioflal sehool Hflit attendiRg the private sehool mHltif3lied 
by the amoHflt that the pri1rate sehool's mition rate f3HrSHaHt to seetiofl 5806, or the 
tHitiofl rate f3er the eORtraet, if less, the difference in tuition in cases when it exceeds 
the amount of the sefldiflg regional school unit's tuition rate f3HrsHaflt to calculated in 
accordance with section 5805. 
ARy Municipalities exercising school choice pursuant to this section are responsible for a 
local contribution in accordance with section 15688 and the additional expense may Rot 
be ifloluded iR the regioRal sehool l-Iflit bHdget wheR determiRiRg eaeh member 
mHRieipality's loeal eORtribHtiofl calculated in accordance with this subsection. 
AR)' additioRal e*f3eflse mHst be f3aid b)' the responsible ml:lflieif3ality ifl eqHal mORthly 
amOl-lflts HRless the regioflal sehool HRit aRd the member mHRieipality agree to aRother 
f3ayment sehedHle.' 
HOUSE AMENDMENT 
HOUSE AMENDMENT ·if .. to S.P. 931, L.D. 2323 
Amend the bill by inserting after section 10 the following: 
'Sec. 11. 20-A MRSA §1481-B is enacted to read: 
§1481-B. Application 
For the purposes of this subchapter, the term "regional school unit" means a school 
administrative unit as defined in section 1, subsection 26. 
This section is repealed July 1, 2009.' 
Amend the bill by inserting after section 12 the following: 
'Sec. 13. 20-A MRSA §1486, sub-§2, as enacted by PL 2007, c. 240, Pt. XXXX, 
§ 13, is amended to read: 
2. Validation referendum procedures. The budget validation referendum must be 
held on or before the -Wth 14th calendar day, other thaH Samrday, SUHd!i:)' or a legal 
holid!i:)', following the scheduled date of the regional school unit budget meeting. The 
referendum may not be held on a Saturday, Sunday or legal holiday. 
The vote at 
referendum is for the purpose of approving or rejecting the total regional school unit 
budget approved at the regional school unit budget meeting. The regional school unit 
board shall provide printed information to be displayed at polling places to assist voters in 
voting. That information is limited to the total amounts proposed by the regional school 
unit board for each cost center summary budget category article, the amount approved at 
the regional school unit budget meeting, a summary of the total authorized expenditures 
and, if applicable because of action on an article under section 15690, subsection 3, 
paragraph A, a statement that the amount approved at the regional school unit budget 
meeting includes locally raised funds over aHd aeove the regioHal s6hool I:lHit's 106al 
eOHtrieutioH to the total 60St of fl:lHdiHg fJuelie edu6atioH from kindergarteA to grade 12 as 
des6rieed iH the Essential Programs aad Serviees FUHdiHg Aet that exceed the maximum 
state and local spending target pursuant to section 15671-A, subsection 5. 
Sec. 14. 20-A MRS A §1486, sub-§3, as enacted by PL 2007, c. 240, Pt. XXXX, 
§ 13, is amended to read: 
3. Budget validation referendum voting. The method of calling and voting at a 
budget validation referendum is as provided in sections 1503 and 1504, except as 
otherwise provided in this subsection or as is inconsistent with other requirements of this 
section. 
A. A public hearing is not required before the vote. 
B. The warrant for a regioHal sehooluHit eudget meetiHg to be followed ey a eudget 
validatioH referendum may ee a eOHsolidated warraHt 60vering eoth. 
C. The warrant and absentee ballots must be delivered to the municipal clerk at least 
days eefere no later than the day after the date of the regional school unit budget 
meeting. 
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HOUSE AMENDMENT "(},, to S.P. 931, L.D. 2323 
D. Absentee ballots received by the municipal clerk may not be processed or counted 
unless received on the day after the conclusion of the regional school unit budget 
meeting and before the close of the polls. 
E. 
All envelopes containing absentee ballots received before the day after the 
conclusion of the regional school unit budget meeting or after the close of the polls 
must be marked "rejected" by the municipal clerk. 
F. If the school Budget does Hot exceed the maximum state aRd local speHdiRg target 
\,mrsuaHt to sectioR 15671 A, sUBsectioR 5, the The article to be voted on must be in 
the following form: 
(1) "Do you favor approving the (name of regional school unit) budget for the 
upcoming school year that was adopted at the latest regional school unit budget 
meeting? 
Yes No" 
C. If the school Budget elfceeds the maximum state aRd local speHdiRg target 
pursuaRt to sectioR 15671 A, sUBsectioR 5, the article to Be voted OH for a Budget that 
iHcludes locallj' raised funds over aHd aBove the regioRal school uRit's local 
cOHtriButioH to the total cost of filRdiHg pUBlic educatioH from kiHdergarteR to grade 
as descriBed iH the essential Programs aHd Services FURdiRg Act must Be iR the 
followiHg form: 
(1) "Do you favor approyiHg the (Rame of regioRal school uHit) budget for the 
upcomiHg school year that Vias adopted at the latest regioRal school uRit Bl:ldget 
meetiRg aRd that iHcludes locally raised fuRds that elfceed the required local 
cORtributioR as described iR the EsseRtial Programs aHd Services FUHdiRg Act? 
Yes ~lo 
A YES vote allo't'l's additioRal fuRds to be raised for K 12 pablic educatioR. 
A NO vote meaHs additioHal filRds caRHot be raised for K 12 pablic edacatioR." 
Sec. 15. 20-A MRSA §1487, as enacted by PL 2007, c. 240, Pt. XXXX, § 13, is 
amended to read: 
§1487. Failure to pass budget 
If a budget for the operation of a regional school unit is not approved prior to July 
st, the latest budget as sabmitted by the regioHal school I:IAit board approved at a 
regional school unit budget meeting and submitted to the voters for validation at a 
referendum in accordance with section 1486 is automatically considered the budget for 
operational expenses for the ensuing year until a final budget is approved, except that, 
when the regional school unit board delays the regional school unit budget meeting, the 
operating budget must be approved within 30 days of the date the commissioner notifies 
the regional school unit board of the amount allocated to the regional school unit under 
section 15689-B, or the latest budget submitted by the regional school unit board 
becomes the operating budget for the next school year until a budget is approved at a 
regional school unit budget meeting and validated at a referendum. If the budget of a 
regional school unit is not approved and validated before July 1st and the officers of any 
affected municipality determine that the property taxes must be committed in a timely 
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HOUSE AMENDMENT 'if.' to S.P. 931, L.D. 2323 
manner to the collector pursuant to Title 36, section 709, the municipal assessor or 
assessors may commit the property taxes on the basis of the latest budget approved at a 
regional school unit budget meeting and submitted to the voters for validation at a 
referendum in accordance with section 1486.' 
Amend the bill by striking out all of section 13 and inserting the following: 
'Sec. 13. 20-A MRSA §1506, sub-§I, ~A, as enacted by PL 2007, c. 240, Pt. 
XXXX, §13, is amended to read: 
A. "Existing debt" means any bond, note, loan agreement, lease-purchase agreement 
or other debt instrument issued prior to July 1, 2008 1 st ofthe first operational year of 
the new unit for the purposes of funding public schools and career and technical 
education regions, or for refinancing such debt, that remains outstanding at the time 
of a reorganization pursuant to this chapter. "Existing debt" does not include routine 
payables or commercial contract obligations. 
Sec. 14. 20-A MRS A §1506, sub-§l, ~, as enacted by PL 2007, c. 240, Pt. 
XXXX, § 13, is amended to read: 
B. "Original education unit" means: 
(1) A previous education unit that has existing debt; ef 
(2) 
A municipality that has existing debt incurred on behalf of a previous 
education unit..;"m: 
(3) A previous education unit within a career and technical education region as 
defined by section 830 I-A that has existing debt.' 
Amend the bill by inserting after section 23 the following: 
'Sec. 24. 20-A MRS A §15671-A, sub-§2, ~, as amended by PL 2007, c. 539, 
Pt. C, §5, is further amended to read: 
B. For property tax years beginning on or after April 1,2005, the commissioner shall 
calculate the full-value education mill rate that is required to raise the statewide total 
local share. The full-value education mill rate is calculated for each fiscal year by 
dividing the applicable statewide total local share by the applicable statewide 
valuation. The full-value education mill rate must decline over the period from fiscal 
year 2005-06 to fiscal year 2008-09 and may not exceed 9.0 mills in fiscal year 2005-
and may not exceed 8.0 mills in fiscal year 2008-09. The full-value education mill 
rate must be applied according to section 15688, subsection 3-A, paragraph A to 
determine a municipality's local cost share expectation. Full-value education mill 
rates must be derived according to the following schedule. 
(1) For the 2005 property tax year, the full-value education mill rate is the 
amount necessary to result in a 47.4% statewide total local share in fiscal year 
2005-06. 
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HOUSE AMENDMENT "ff;, to S.P. 931, L.D. 2323 
(2) For the 2006 property tax year, the full-value education mill rate is the 
amount necessary to result in a 46.14% statewide total local share in fiscal year 
2006-07. 
(3) For the 2007 property tax year, the full-value education mill rate is the 
amount necessary to result in a 45.56% statewide total local share in fiscal year 
2007-08. 
(4) For the 2008 property tax year, the full-value education mill rate is the 
amount necessary to result in a 45.99% statewide total local share in fiscal year 
2008-09. 
(4-A) Exeept as provided iR sllBparagraph (6), for For the 2009 property tax year 
and subsequent tax years, the full-value education miII rate is the amount 
necessary to result in a 45.0% statewide total local share in fiscal year 2009-10 
and after. 
(6) For sehool admiRistrati't'e llRits that do not eORform to the reqllireml:mts of 
ohapter 103 A for the 2009 property tax year, the fHII 't'aille edlleatioR mill rate is 
the amollRt ReeessaF)' to reslllt iR a 46.14% statewide total loeal share iR fiseal 
year 2009 10 aRd after.' 
Amend the bill by inserting after section 27 the following: 
'Sec. 28. 20-A MRSA §15696, sub-§l, ~C, as enacted by PL 2007, c. 240, Pt. 
XXXX, §33, is amended to read: 
C. The school administrative unit is not eligible for a transition adjustment under 
section 15686 or any comparable year-aver-year transition amount; aRd 
Sec. 29. 20-A MRSA §15696, sub-§l, ~, as enacted by PL 2007, c. 240, Pt. 
XXXX, §33, is amended to read: 
D. The school administrative unit receives less favorable consideration for approval 
and funding for school construction pursuant to rules of the state board~; and 
Sec. 30. 20-A MRS A §15696, sub-§l, ~ 
is enacted to read: 
E. The school administrative unit's full-value education mill rate pursuant to section 
15671-A is increased by 2% for the purpose of calculating the school administrative 
unit's required contribution to meet the local share of education costs established 
pursuant to section 15688, subsection 3-A.' 
Amend the bill by inserting after section 31 the following: 
'Sec. 32. PL 2007, c. 240, Pt. XXXX, §36, sub-§8 is amended to read: 
8. 
Referendum on reorganization plan. 
The municipal officers of each 
municipality in a proposed reorganized school administrative unit shall place a warrant 
article substantially as follows on the ballot of a municipal referendum conducted in 
accordance with the referendum procedures applicable to the school administrative unit 
of which the municipality is a member. A referendum must be held on or before January 
HOUSE AMENDMENT 
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HOUSE AMENDMENT -if, to S.P. 931, L.D. 2323 
15, 2008 for a reorganization plan that was submitted by December 15, 2007 and that the 
Commissioner of Education found meets the requirements of this Part. A referendum 
ffffiSt may be held on June 10, 2008 or on or before January 30. 2009 for any plan 
received or revised after December 15, 2007 and subsequently found by the 
Commissioner of Education to meet the requirements of this Part. 
"Article: 
Do you favor approving the school administrative reorganization plan 
prepared by the (insert name) Reorganization Planning Committee to reorganize 
(insert names of affected school administrative units) into a regional school unit, with 
an effective date of 
? 
Yes/No" 
The following statement m\:tst a6eompaHy the artiele: 
"ExfJlanation: 
A "YES" vote means that yo\:t approve of the (ml:lRieipality or sehool administrative 
\:tnit) joining the profJosed regional sehool \:tnit, 'Nhieh 'Hill be provided with the 
following ineentives: 
More favorable eonsideration in approval and f\:tnding of sehool eonstmetion 
fJrojeets; and 
Eligibility for additional finaneial s\:tpport for reorganization eosts. 
i", "}OlO" vote means that yo\:t do not approve of the (manieipality or sehool 
administrative anit) joining a regional sehool Hnit, whieh will resHlt in the existing 
(mHnieipality or sahool administrati>.'e Hnit) reeeiving the following penalties: 
Less favorable eonsideration in approval and funding of sehool eonstR:letion 
fJrojeets; and 
A redHetion in state funding of edHeation eosts in an amoHnt estimated to be 
$ 
for sehool year 200 
and $ 
for sehool year 200 , with the 
fJossibility of ongoing penalties for eontinHed failHre to join an approved regional 
sehool \:tnit. 
R-eelHetions in state edHeation fHnding will likely res\:tlt in an 
inefeased mill rate expeetation to meet the loeal share of ed\:teation eosts." 
The Department of Education shall pay the cost of a referendum conducted before or on 
January 15,200830,2009. 
Sec. 33. PL 2007, c. 240, Pt. XXXX, §36, sub-§l1 is amended to read: 
11. Result of disapproval at January 2008 referendum. A school administrative 
unit that rejects a proposed reorganization plan at the January 15, 2008 referendum or at a 
subsequent referendum on or before November 4, 2008 January 30, 2009 may restart the 
process to form a regional school unit with the same or other school administrative units 
and may seek assistance from the Department of Education to prepare another 
reorganization plan. 
A. 
Subsequent reorganization plans must meet the same requirements as for 
reorganization plans filed prior to the January 2008 referendum, except that the 
timelines are adjusted to reflect a July 1,2009 reorganization date. 
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HOUSE AMENDMENT ,~, to S.P. 931, L.D. 2323 
B. 
The penalties set forth in Title 20-A, section 15696 apply to any school 
administrative unit that fails to approve a reorganization plan on or before :November 
4,2008 January 30, 2009 and to implement that plan by July 1,2009. 
Sec. 34. PL 2007, c. 240, Pt. XXXX, §36, sub-§12 is amended to read: 
12. Reformulation of SAD as RSU. Not later than Deeember 1,2008 February 27, 
2009, the Commissioner of Education shall notify any school administrative district that 
has not voted to form a regional school unit on or before NO'rember 4, 2008 January 30, 
2009 that the school administrative district must be recreated as a regional school unit 
under Title 20-A, chapter 103-A, effective July 1, 2009. 
Notwithstanding any other 
provision of law, a school administrative district may must be changed to a regional 
school unit upon notice to the State Board of Education and may accomplish this without 
dissolving the school administrative district. 
A school administrative district that is 
changed to a regional school unit without dissolving the school administrative district is 
subject to Title 20-A, chapter 103-A and any other provision of law relating to regional 
school units but for all other legal purposes: 
A. Remains the same legal entity, including but not limited to with respect to all 
contracts, duties, liabilities, rights and privileges of the school administrative district 
and any debt, whether bond, note or other evidence of indebtedness, issued by or for 
the school administrative district; and 
B. In order to avoid any costs associated with changing its name, may keep and 
continue to use the same name, including the term "school administrative district," for 
official purposes, including, but not limited to, in all its contracts and debt 
instruments. Keeping its name for official purposes does not in any manner affect its 
status as a regional school unit for purposes of Title 20-A, chapter 103-A and any 
other provision of law relating to regional school units. 
Sec. 35. PL 2007, c. 240, Pt. XXXX, §42, first, is amended to read: 
Sec. 42. Transfer of property and assets; regional school units approved 
after January 15,2008. This section applies to a regional school unit that is approved 
after January 15,2008 and before November 5, 2008 January 31, 2009. 
Sec. 36. PL 2007, c. 240, Pt. XXXX, §43, sub-§3 is amended to read: 
3. 
Transfer of governing authority; regional school units approved after 
January 15, 2008. 
This subsection applies to regional school units approved after 
January IS, 2008 and before November 5, 2008 January 31, 2009. The regional school 
unit board of directors, on the date established in subsection I, shall assume responsibility 
for the management and control of the public schools and programs within the school 
administrative units in existence prior to July 1, 2009 that are within the regional school 
unit. Those school administrative units in existence prior to July 1, 2009, on the date 
established in subsection 1, have no further responsibility for the operation or control of 
the public schools and programs within the school administrative unit except those 
pursuant to section 1481. 
Sec. 37. PL 2007, c. 240, Pt. XXXX, §43, sub-§5 is amended to read: 
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5. Transfer of teachers and employees. Except as limited by paragraph A, for 
regional school units approved prior to January 16, 2008, all teachers and school 
employees who are employed by a participating school administrative unit on June 30, 
2008 must be transferred to and employed by the regional school unit as of July 1, 2008. 
Except as limited by paragraph A, for regional school units approved after January 15, 
2008 and before 'Noyemeer 5, 2ijijg January 31 , 2009, all teachers and school employees 
who are employed by participating school administrative units on June 30, 2009 must be 
transferred and employed by the regional school unit as of July 1, 2009. Except as 
limited by paragraph B, the regional school unit shall assume all of the legal obligations 
and duties that the participating school administrative units owed to their employees, 
including but not limited to those obligations and duties arising under federal law, state 
law, collective bargaining agreements and individual employment contracts. It is the 
intent of this Part to neither decrease nor increase the rights and benefits of transferred 
employees or the employer. The regional school unit shall also maintain and honor any 
agreements, contracts or policies regarding the rights and benefits of retirees and former 
employees created by a participating school administrative unit that is dissolved as a 
result of its inclusion within a regional school unit. 
A. For regional school units approved prior to January 16, 2008, teachers or other 
employees whose employment terminates by application of law or contract or by 
action of a participating school administrative unit before July 1, 2008 may not be 
transferred. For regional school units approved after January 15, 2008 and before 
'No'iemeer 5, 2ijijg January 31,2009, teachers or other employees whose employment 
terminates by application of law or contract or by action of a participating school 
administrative unit before July 1, 2009 may not be transferred. 
B. Teachers and other employees who are transferred to the regional school unit 
prior to the completion of the applicable probationary period for their position have 
the length of their probationary period calculated from the date of their most recent 
date of employment by the participating school administrative unit. 
Sec. 38. PL 2007, c. 240, Pt. XXXX, §43, sub-§6, ~A is amended to read: 
A. On July 1,2008 for regional school units approved prior to January 16,2008 and 
on July 1, 2009 for regional school units approved after January 15, 2008 and before 
Noyemeer 5, 2ijijg January 31. 2009, the regional school unit board of directors shall 
assume all of the obligations, duties, liabilities and rights of the participating school 
administrative units for all purposes under Title 26, chapter 9-A. The regional school 
unit is considered a single employer. Notwithstanding any other provision of law, the 
responsibilities of the regional school unit include: 
(1) 
Continued recognition of all bargaining agents that represented any 
bargaining units of employees who were employed by a participating school 
administrative unit, pending completion of merger proceedings described in this 
section; 
(2) 
Assumption and continued observance of all collective bargaining 
agreements between such bargaining agents and a participating school 
administrative unit, which agreements continue in effect for the remainder of 
their unexpired term unless the bargaining agent and regional school unit 
mutually agree otherwise; and 
HOUSE AMENDMENT 
HOUSE AMENDMENT ,.fl/', to S.P. 931, L.D. 2323 
(3) 
Collective bargaining for an initial or successor collective bargaining 
agreement in any bargaining unit in which a collective bargaining agreement is 
not in effect on the operational date and for any interim agreement that may be 
required to align expiration dates in a regional school unit-wide bargaining unit, 
as described in this subsection. 
Sec. 39. PL 2007, c. 240, Pt. XXXX, §43, sub-§6, ~, as amended by PL 
2007, c. 566, §4, is further amended to read: 
B. As early as possible but no later than August 31,2011 for regional school units 
approved prior to January 15,2008 and no later than August 31,2012 for regional 
school units approved after January 15,2008 and before November 2, 2008 January 
II 
31,2009, all bargaining units must be structured on a regional school unit-wide basis. 
Bargaining units that existed in the participating school administrative units shall 
merge in accordance with the procedures and criteria in this section. Merger into 
regional school unit-wide bargaining units is not subject to approval or disapproval of 
employees. 
(1) Merger into regional school unit-wide bargaining units must be completed 
according to the schedule contained in this subsection, and, except as required by 
subparagraph (8), no later than the latest expiration date of any collective 
bargaining agreement that was in effect on the operational date, which covered 
any employees in the merged unit. 
(2) There must be one unit of teachers and, to the extent they are currently 
included in bargaining units, other certified professional employees, excluding 
principals and other administrators. 
(3) Any additional bargaining units in a regional school unit must be structured 
as follows. 
(a) 
In the initial establishment of such units, units must be structured 
primarily on the basis of the existing pattern of organization, maintaining the 
grouping of employee classifications into bargaining units that existed prior 
to the creation of the regional school unit and avoiding conflicts among 
different bargaining agents to the extent possible. 
(b) In the event of a dispute regarding the classifications to be included 
within a regional school unit-wide bargaining unit, the current bargaining 
agent or agents or the regional school unit may petition the Maine Labor 
Relations Board to determine the appropriate unit in accordance with this 
section and Title 26, section 966, subsections I and 2. 
(4) When there is the same bargaining agent in all bargaining units that will be 
merged into a regional school unit-wide bargaining unit, the units must be 
merged as 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 
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HOUSE AMENDMENT ·if" to S.P. 931, L.D. 2323 
organization. Upon completion of the merger and designation of the bargaining 
agent and notification by the state organization to the regional school unit, the 
regional school unit shall recognize the designated bargaining agent as the 
representative of employees in the merged unit. If necessary, the parties will then 
execute a written amendment to any collective bargaining agreement then in 
effect to change the name of the bargaining agent to reflect the merger. 
(6) Where there are bargaining units that will be merged into a regional school 
unit-wide bargaining unit in which there are employees who are not represented 
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), except that the petition for an election 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. 
(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 August 31, 
2012. 
(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 
HOUSE AMENDMENT 
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HOUSE AMENDMENT "t, to S.P. 931, L.D. 2323 
event may any collective bargaining agreement that is executed after the 
operational date extend beyond August 31, 2012. 
(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. 
(g) Until August 31, 2012, existing bargaining agents shall continue to 
represent the bargaining units that they represented on the day prior to the 
operational date of the regional school unit. If necessary, each bargaining 
agent and the regional school unit must negotiate an interim collective 
bargaining agreement to expire on August 31, 2012. 
Sec. 40. Report; review of reorganization timelines. The Department of 
Education shall conduct a review of the results of referenda votes on proposed 
reorganization plans and the status of the reorganization of school administrative units as 
regional school units consistent with the July 1,2009 implementation timeline established 
in Public Law 2007, chapter 240. In conducting the review, the department shall: 
A. 
Collect data and analyze the results of the referenda votes on proposed 
reorganization plans; 
B. Review the extent to which each school administrative unit that did not meet the 
time lines for reorganization did not submit or did not receive approval for an alternative 
plan that meets the requirements of Public Law 2007, chapter 240, Part XXXX, section 
36, subsection 6, paragraph A due to the fact that the proposal would not meet the 1,200 
minimum student enrollment requirement for an alternative plan; 
C. Recommend appropriate criteria or flexibility for the granting of a waiver when 
extenuating circumstances preclude a school administrative unit from meeting the 
requirements of Public Law 2007, chapter 240, Part XXXX, section 36 by July 1, 2009, 
including the authority necessary to extend time lines and waive penalties if an approved 
plan of a reorganization planning committee cannot be implemented by July 1, 2009 and 
the authority necessary to approve an alternative plan submitted by a reorganization 
planning committee that meets the requirements of the law, except for the 1,200 
minimum student number; and 
D. Recommend clarifications to the law to specify the effect of the failure of voters in 
an individual school administrative unit to approve a reorganization plan that results in 
the school 
administrative 
unit not meeting the implementation timeline for 
reorganization. 
The Commissioner of Education shall report the findings and recommendations of 
this review, including suggested legislation, to the joint standing committee of the 
Legislature having jurisdiction over education matters by December 15, 2008. In its 
recommendations, the department shall include proposals to extend or modify the current 
implementation timelines and penalties. Following receipt and review of the report, the 
HOUSE AMENDMENT 
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HOUSE AMENDMENT {;, .. to S.P. 931, L.D. 2323 
joint standing committee of the Legislature having jurisdiction over education matters 
may submit a bill to the First Regular Session of the 124th Legislature that extends or 
modifies the current implementation timelines and penalties.' 
Amend the bill by striking out all of section 32 and inserting the following: 
'Sec.32. Retroactivity. Those sections of this Act that amend the Maine Revised 
Statutes, Title 20-A, sections 1305-C, 1701-C and 2307 apply retroactively to January 1, 
2008 as long as the retroactive application does not affect the validity of any budget 
meeting or budget validation referendum called or conducted in accordance with prior 
law before the effective date of this Act. ' 
Amend the bill by striking out all of the emergency clause. 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment strikes the emergency preamble and emergency clause and 
incorporates the following changes to clarify and improve the laws governing the 
formation of regional school units or alternative organizational structures. 
1. It provides that a kindergarten-to-grade-12 school administrative district that is 
reformulated as a regional school unit without dissolving the school administrative 
district may continue to use the same name and operate as the same legal entity; and it 
amends the definition of "school administrative unit" to clarify that community school 
districts and kindergarten-to-grade-8 school administrative districts that do not join a 
regional school unit may remain in operation after July 1, 2009. 
The current law 
reformulates all kindergarten-to-grade-12 school administrative districts as regional 
school units by July 1, 2009 but is silent on the ability of community school districts and 
kindergarten-to-grade-8 school administrative districts to remain operational after that 
date. 
2. It changes the deadline by which a referendum must be held to January 30, 2009 
and changes dates that are linked to the referendum date by the same amount of time. 
The current law governing the reorganization of school administrative units requires that 
a referendum must be held on a proposed reorganization on or before November 4, 2008. 
3. It provides consistent language across the allocated and unallocated provisions in 
the law to clarify the budget referendum ballot question to be placed before the voters at a 
budget validation referendum vote. 
4. It clarifies and amends the budget approval and validation process provisions to: 
A. Increase the number of days from the legislative body meeting to the referendum 
validation from 10 days to 14 days; 
B. 
Provide that absentee ballots may not be distributed until the day after the 
regional school unit budget meeting; 
C. 
In the event that a regional school unit budget has not been approved and 
validated prior to the start of the fiscal year, authorize municipalities to levy taxes 
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HOUSE AMENDMENT "V''' to S.P. 931, L.D. 2323 
based on the most recent school budget approved at the regional school unit budget 
meeting until a budget is validated by voters; and 
D. 
El iminate the need for 2 separate ballot questions for the budget validation 
referendum vote and combine information on 2 votes into one document provided 
with the warrant for the referendum vote. 
5. It clarifies the debt liability of the school administrative units that are members of 
a career and technical education region, including the disposition of debt incurred for a 
school construction or renovation project at a career and technical education region by the 
school administrative units that are members ofthe career and technical education region. 
6. It clarifies the financial responsibility for the preservation of school choice in a 
new regional school unit when a member municipality continues to provide tuition for 
students to attend a school outside of the new regional school unit. 
The provision 
provides that the member municipality is responsible for providing appropriations for any 
additional expense above the sending regional school unit tuition rate for students who 
are educated outside of the regional school unit. 
7. 
It clarifies the rights and obligations of regional school units concerning the 
reassignment of teachers and other employees of the regional school unit in the 
transitional period from the operational date of the regional school unit until the 
completion of negotiations for a regional school unit-wide collective bargaining 
agreement. 
8. It replaces the so-called "53.86% penalty" for any school administrative unit that 
fails to approve a reorganization plan on or before January 30, 2009 and to implement 
that plan by July 1,2009 with a penalty that provides that the school administrative unit's 
full-value education mill rate pursuant to the Maine Revised Statutes, Title 20-A, section 
15671-A is increased by 2% for the purpose of calculating the school administrative unit's 
required contribution to meet the local share of education costs established pursuant to 
Title 20-A, section 15688, subsection 3-A. 
9. 
It directs the Department of Education to conduct a review of the results of 
referenda votes on proposed reorganization plans and the status of the reorganization of 
school administrative units as regional school units consistent with the July 1, 2009 
implementation timeline. 
It also directs the department to develop recommendations 
related to the circumstances and criteria under which the Commissioner of Education 
could grant a waiver to a school administrative unit that has not complied with the 
implementation time lines, including any necessary flexibility that would provide the 
commissioner with the authority to adjust the timelines for complying with the law, to 
waive penalties or to approve an alternative plan submitted by a reorganization planning 
committee. 
It further directs the department to clarify what happens if voters of an 
individual school administrative unit fail to approve a reorganization plan that results in 
the school administrative unit's not meeting the implementation time line for 
reorganization. 
10. It provides that the sections of the Act that amend the Maine Revised Statutes, 
Title 20-A, sections 1305-C, 1701-C and 2307 apply retroactively to January 1, 2008 as 
long as the retroactivity application does not affect the validity of a budget meeting or 
HOUSE AMENDMENT 
HOUSE AMENDMENT "if" to S.P. 931, L.D. 2323 
budget validation referendum calor conducted in accordance with prior law before the 
effective date of this Act. 
SPONSOREDBY:~~~~ __ ~~==~~~ 
___ 
(Representative FARRINGTON) 
TOWN: Gorham 
FISCAL NOTE REQUIRED 
(See Attachedj 
HOUSE AMENDMENT 
Approved: 04/17/08 ;ldi2c:. 
LD 2323 
LR 3653(10) 
An Act To Remove Barriers to the Reorganization of School Administrative Units 
Fiscal Detail and Notes 
Fiscal Note for House Amendment "G" 
Sponsor: Rep. Farrington of Gorham 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Removing the emergency preamble and emergency clause from this legislation will delay the provisions included in 
this bill to address certain barriers in implementing the reorganization of school administrative units pursuant to 
Public Law 2007, chapter 240, Part XXXX. 
Any additional cost to the Department of Education associated with conducting the required review and developing 
the required recommendations can be absorbed within existing budgeted resources. 
LR3653(1O) - Fiscal Note - Page 1 of 1