An Act To Clarify and Improve the Laws Governing the Formation of Regional School Units
Maine Legislature, Session 123, LD 2280
Senate Amendment SA_E_S603 (Senate)
Amends: Title 20-A, Section 15681, 20-A MRSA §1, 20-A MRSA §1201, 20-A MRSA §1202, 20-A MRSA §1203, 20-A MRSA §1204, 20-A MRSA §1205, 20-A MRSA §1461, 20-A MRSA §1602, 20-A MRSA §1604, 20-A MRSA §1751, 20-A MRSA §1901, 20-A MRSA §2101, 20-A MRSA §15671-A, 20-A MRSA §15688, 20-A MRSA §15696, 20-A MRSA §15697, 20-A MRSA §1305-C, 20-A MRSA §1452, 20-A MRSA §1461-A, 20-A MRSA §1472-A, 20-A MRSA §1472-B, 20-A MRSA §1478, 20-A MRSA §1481, 20-A MRSA §1481-A, 20-A MRSA §1482-A, 20-A MRSA §1482-B, 20-A MRSA §1506, 20-A MRSA §1512, 20-A MRSA §1701-C, 20-A MRSA §5203, 20-A MRSA §5204, 20-A MRSA §6051, 20-A MRSA §15689, 20-A MRSA §1463, 20-A MRSA §1464, 20-A MRSA §1479, 20-A MRSA §1486, 20-A MRSA §1487

SENATE AMENDMENT" f" to H.P. 1645, L.D. 2280, Bill, "An Act To Clarify 
and Improve the Laws Governing the Formation of Regional School Units" 
Amend the bill by striking out everything after the enacting clause and before the 
emergency clause and inserting the following: 
'PART A 
Sec. A-I. 20-A MRSA §1, sub-§26, as amended by PL 2007, c. 240, Pt. XXXX, 
§5, is further amended to read: 
26. School administrative unit. "School administrative unit" means the state-
approved unit of school administration and includes a municipal school unit, school 
administrative district, community school district, regional school unit or any other 
municipal or quasi-municipal corporation responsible for operating or constructing public 
schools, except that it does not include a career and technical education region. 
Begiaaiag July 1, 2009, "se8001 admiaistrath'e unit" means t8e state aflproved l:lHit of 
se8001 administratioa aad ineludes oaly a ml:lnieiflal se8001 l:lnit and a regional se8001 
unit foFffied fll:lrsl:laRt to e8aflter 103 A. 
Sec. A-2. 20-A MRSA §1201, as repealed by PL 2007, c. 240, Pt. XXXX, §6, is 
reenacted to read: 
§1201. Criteria for establishing a school administrative district 
The following criteria shall apply to establishing a school administrative district. 
1. 
Number of municipalities. 
The district shall have 2 or more member 
municipalities. 
2. Number of students. The district shall have, as recorded in the last return under 
section 6004: 
A. Three hundred or more resident public secondary school students; 
B. One hundred or more resident public secondary school students, if the state board 
determines the formation of a larger district is educationally, economically or 
geographically not feasible; 
SENATE AMENDMENT 
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SENATE AMENDMENT" ,(" to H.P. 1645, L.D. 2280 
C. Fifty or more resident public secondary school students if: 
(1) The proposed district has on file with the state board a duly authorized and 
executed 2-year to 10-year contract offer from a municipality having 100 or more 
resident public secondary school students; and 
(2) If the combined number of resident public secondary school students in these 
school administrative units exceeds 300; and 
D. Any number of secondary school students, if the new district is composed in 
whole or in part of a community school district: 
(1) Offering a program of education for grades 9 through 12; and 
(2) Formed on or before, and operating on April 1, 1957. 
Sec. A-3. 20-A MRSA §1202, as repealed by PL 2007, c. 240, Pt. XXXX, §7, is 
reenacted to read: 
§ 1202. Formation of district 
The residents of 2 or more municipalities may form a school administrative district 
which shall be a body politic and corporate by completing the following steps. 
1. Application vote. At a duly called special or regular meeting or city election the 
voters of a municipality may instruct its school board to file an application with the state 
board. The article to be inserted in the warrant for the meeting shall be in the following 
form: 
"To see if the municipality will vote to instruct its school board to file an 
application with the State Board of Education for the purpose of forming 
a 
school 
administrative 
district 
with 
the 
following 
towns: 
............................................. (naming them)" 
2. Initial application. If the article is approved, the school board shall file an initial 
application with the state board. 
A. The application shall include a list of the names of the municipalities that propose 
to form the school administrative district, an adequate study outlining the desirability 
and the educational feasibility of the proposed district and whatever other information 
the state board may deem necessary and proper. 
B. In municipalities which have less than 300, but more than 99 resident pupils, the 
application shall state in detail the educational, economic and geographic reasons for 
the formation of the proposed school administrative district. 
C. An application shall be filed on a form prepared by the state board. 
3. 
Calling of a ioint meeting. 
If the state board finds the proposed school 
administrative district eligible and approves its initial application, the state board shall 
notify the municipal officers and the members of the school boards in the municipalities 
within the proposed district of a date, time and place of a joint meeting of the municipal 
officers and the school board members from each municipality. 
SENATE AMENDMENT 
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SENATE AMENDMENT" t." to H.P.1645, L.D. 2280 
A. The notice shall be in writing and sent by registered or certified mail, return 
receipt requested, to the addresses as shown on the application. 
B. The notice shall be mailed at least 10 days prior to the date set for the meeting. 
4. Joint meeting. The following shall govern the joint meeting. 
A. At least 112 of the total number of municipal officers and school committee 
members eligible to vote at the joint meeting shall be present to constitute a quorum. 
If there is no quorum, those present shall report to the state board that a quorum was 
not present and request the state board to issue a new notice. 
B. The school boards and municipal officers of each municipality shall each caucus 
and select 3 of their members to represent their municipality in the joint meeting. 
Other members may not vote in the joint meeting. 
C. Those with voting rights shall, by majority vote: 
(1) Elect a chairman and a secretary; 
(2) Determine the total number of school directors to represent each municipality 
and the method of apportioning voting power among directors consistent with 
this section and sections 1251 and 1252; 
(3) Determine the method of sharing costs under section 1301; and 
(4) Determine the date when all the municipalities in the proposed district shall 
vote on the articles of district formation. The date shall be at least 60 days from 
the date on which it is determined. 
D. The chairman and secretary shall prepare a report describing the number of 
directors and the representation from each municipality. They shall sign and forward 
that report to the state board. 
S. Calling municipal elections. If the state board finds the report of the joint 
meeting to be in order, the state board shall order the municipal officers of the 
municipalities involved to call town meetings or city elections on the date established 
pursuant to subsection 4, paragraph C, subparagraph (4) for the purpose of voting on the 
questions required by this subchapter relating to the formation of a school administrative 
district. 
A. Municipalities voting on the questions of district formation under Title 30-A, 
sections 2528 to 2531-A shall open the polls at 10 a.m. and shall close the polls at 7 
p.m. 
B. In other municipalities the municipal officers shall direct that the town meeting or 
city election shall open at 7:30 p.m. 
C. All school administrative units shall vote upon the questions of school district 
information in the same fashion as the units conduct other business at regular or 
special town meetings, except that school administrative units electing municipal 
officers by secret ballot may use that method for electing school board directors. 
6. Articles to be voted on. The articles to be voted on shall be in the following 
form. 
SENATE AMENDMENT 
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SENATE AMENDMENT" t" to H.P. 1645, L.D. 2280 
A. "Article .. : To see if the municipality will vote to join with the municipalities of 
(naming them) to form a school administrative district." 
B. "Article .. : To see if the municipality will vote to approve the allocation of 
representation within the district on the Board of School Directors as recommended 
by the school committees and municipal officers as follows: The total number of 
directors shall be ............. (number)" 
C. 
"Article .. : 
To choose .......... (number) school director(s) to represent the 
municipality (or subdistrict) on the board of school directors of the school 
administrative district. " 
D. If the state board has authorized an alternative method of sharing costs, the 
municipality shall vote on the following article. 
Article .. : To see if the costs of operating "School Administrative District 
......... (number)" shall be shared among the towns of ............................... . 
(naming them) in accordance with (per pupil, state valuation, a 
combination thereof or any other formula authorized by the Legislature). 
E. 
If coterminous school districts exist or there is outstanding indebtedness for 
school construction or other school property in any of the municipalities concerned, 
the following additional article must also be acted on. 
"Article .. : To see if the municipality will vote to authorize the district to 
assume full 
responsibility for amortizing the following listed 
indebtedness now outstanding in the school administrative units planning 
to form the school administrative district. " 
(The list must include the name of the obligated school administrative 
unit, type of obligation, amount unpaid, interest rate and the payment 
schedule for all outstanding school indebtedness of all the school 
administrative units comprising the school administrative district under 
consideration.) 
F. If a school administrative district is to be formed under this section, or if the 
proposed school administrative district plans to contract with a designated private 
school for the education of its students in grades 9 through 12, voters shall act on the 
following article. 
"Article .. : 
To see if the municipality will vote to join with the 
municipalities of ........ ............. (naming them) to form a school 
administrative district, which district is hereby authorized and directed to 
accept the contract offer of ............................. for the schooling of pupils 
in grades 9 through 12." 
7. Majority vote. Approval of each article shall be by a majority vote of those 
voting in each municipality on each article. 
S. Special provision for community school districts. A community school district 
may be changed to a school administrative district if each municipality within the district 
acts affirmatively on the following articles. 
SENATE AMENDMENT 
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SENATE AMENDMENT" t .. to H.P. 1645, L.n. 2280 
A. Existing community school districts may become school administrative districts 
on approval of the state board and may suspend operation as a community school 
district if each of the participating municipalities acts affirmatively on an article 
similar in form to the following, prior to accepting the other articles required in this 
section. 
"Article .. : To see if the municipality will vote to authorize the ............. .. 
(name) Community School District, of which this municipality is a part, 
to suspend operation as a community school district and organize and 
operate as a school administrative district in accordance with action on 
the following article. " 
B. 
Municipalities, including all of those participating in an existing community 
school district, may form a school administrative district on approval of the state 
board and suspend the operation of the community school district if each of the 
participating municipalities acts affirmatively on an article similar in form to the 
following, and acts affirmatively on each of the other articles required in this section. 
"Article .. : 
To see if the municipality will vote to authorize the 
suspension of the .................................. (name) Community School 
District in order to organize and operate as a part of a larger school 
administrative district. " 
C. 
In approving one of these articles, all acts of a community school district in 
contracting their indebtedness shall be ratified and confirmed. 
D. 
The board of directors of the school administrative district shall pay to the 
trustees of the former community school district within their jurisdiction sufficient 
funds each year to amortize all outstanding capital indebtedness existing at the time 
the community school district was suspended. 
Sec. A-4. 20-A MRSA §1203, as repealed by PL 2007, c. 240, Pt. XXXX, §8, is 
reenacted to read: 
§1203. Issuance of a certificate of organization 
Certificates of organization shall be issued as follows. 
1. 
Report of vote. 
The clerks of the municipalities which have voted on the 
questions regarding the formation of the school administrative district shall report to the 
state board the results of the vote in a manner determined by the state board. 
2. Finding recorded. If the state board finds that a majority of voters in each school 
administrative unit forming the school administrative district have voted in favor of each 
of the articles of formation, elected the necessary school directors and taken all other 
necessary steps in the formation of the proposed school administrative district in 
conformity with law, the state board shall make and record its finding that the school 
administrative district is in compliance. 
3. School administrative district number assigned. The state board, having made 
its finding, shall assign a number to each school administrative district in the order of 
their formation. The official title of the school administrative district shall be "School 
Administrative District No ....... " 
SENA TE AMENDMENT 
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SENATE AMENDMENT" t." to H.P.1645, L.D. 2280 
4. Certificate of organization. The state board shall. immediately after making its 
finding, issue a certificate of organization. 
5. Certificate issued. filed and recorded. The original certificate shall be delivered 
to the school directors on the day that they organize and a copy, attested by the secretary 
of the state board, shall be filed and recorded in the office of the Secretary of State. 
6. Issuance of certificate evidence of organization. The issuance of the certificate 
shall be conclusive evidence of the lawful organization of the school administrative 
district. 
Sec. A-5. 20-A MRSA §1204, as repealed by PL 2007, c. 240, Pt. XXXX, §9, is 
reenacted to read: 
§ 1204. Transfer of property and assets 
The transfer of school property and assets shall be as follows. 
1. 
Board of directors. 
The directors of a school administrative district shall 
determine what school property of the municipalities and former school administrative 
units in their district are necessary to carry out the functions of their district and: 
A. Request in writing that the school board of each school administrative unit or the 
municipal officers transfer title of their school property and buildings to the school 
administrative district; or 
B. 
Assume all the duties and liabilities under lease agreements with the Maine 
School Building Authority if the title is held by the authority. 
2. 
Transfer. 
The school board or municipal officers shall make the transfer 
notwithstanding any other provision in the charter of the school administrative unit or 
municipality or other provision of law. 
3. Maine School Building Authority. The Maine School Building Authority, on 
the completion of all rental payments and other conditions in the lease. shall transfer the 
title to the school administrative district notwithstanding any provision in the lease or 
other provision of the law. 
4. Financing assumed debts. If a school administrative district has assumed the 
outstanding indebtedness of a former school administrative unit: 
A. The directors of the school administrative district may, notwithstanding any other 
statute or any provision of any trust agreement. use any sinking fund or other money 
set aside by the school administrative unit to payoff the indebtedness for which the 
money was dedicated; 
B. The municipality within a school administrative district may. by vote of its voters, 
raise, appropriate and transfer money to the school administrative district solely for 
school construction purposes; and 
C. A municipality, within a proposed school administrative district that has applied 
to the state board, may, by vote of its voters, raise and appropriate money for school 
construction purposes to be transferred to the proposed school administrative district. 
SENATE AMENDMENT 
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SENATE AMENDMENT" t...., to H.P. 1645, L.D. 2280 
if and when the district takes over the operation of the public school within its 
jurisdiction. 
The municipality may only withdraw this appropriation: 
(1) If the formation of the district fails to be approved by the municipalities 
within the district or by the state board; or 
(2) If 9 months or more after the original vote, the electorate of the town vote to 
withdraw the appropriation. 
Sec. A-6. 20-A MRSA §1205, as repealed by PL 2007, c. 240, Pt. XXXX, §10, is 
reenacted to read: 
§1205. Operational date and transfer of authority 
The operational date and transfer of authority of a school administrative district shall 
be as follows. 
1. Operational date. A school administrative district shall become operative on the 
date set by the state board as provided in section 1253. 
2. 
Transfer of governing authority. 
The school directors shall, on the date 
established in subsection 1, assume responsibility for the management and control of the 
public schools within the former school administrative units within the district and these 
former school administrative units on that date have no further responsibility for the 
operation or control of the public schools within the district. 
3. Transfer of school accounts. Notwithstanding section 15004 or any charter of a 
community school district or coterminous district, the balance remaining in the school 
accounts of the municipalities, community school district or coterminous school districts 
within the school administrative district shall be paid to the treasurer of the district in 
equal monthly installments over the remainder of the fiscal year in which the district is 
formed. 
4. Teacher contracts. The contracts between the municipalities within the district 
and all teachers shall automatically be assigned to the school administrative district as of 
the date the district becomes operative. The district shall assign teachers to their duties 
and make payments upon their contracts. 
5. 
Superintendent contracts. 
The contracts between the superintendents and 
municipalities within the district shall be transferred to the school administrative district. 
The board of directors shall determine the superintendents' duties within the district and 
pay that proportion of the salaries paid for by the former school administrative units in 
the district. 
Sec. A-7. 20-A MRSA c. 103, sub-c. 6, as repealed by PL 2007, c. 240, Pt. 
XXXX, § 12, is reenacted to read: 
SUBCHAPTER 6 
SENATE AMENDMENT 
SENATE AMENDMENT" £ "to H.P. 1645, L.D. 2280 
REORGANIZATIONS 
§1401. Additions 
A municipality not originally in a school administrative district may be included as 
follows. 
1. Application. The board of directors of the municipality wishing to join with an 
existing school administrative district may file an application with the commissioner on a 
form to be provided by him. 
A. The commissioner shall study the need for the municipality to join the school 
administrative district and recommend an agreement by which the municipality may 
become a member. 
B. The agreement may contain a new method of sharing costs among the member 
municipalities of the district in accordance with section 1301. The article set out in 
section 1202, subsection 6, paragraph D, authorizing units to vote on alternate 
methods of sharing costs shall be used if the agreement recommended by the 
commissioner contains a provision for using one of the alternate methods of sharing 
costs. 
C. This agreement shall be forwarded to the secretary of the school administrative 
district and to the clerk of the municipality desiring to join the district. 
2. First meetioa=. Within 45 days after receipt of the agreement by the municipal 
clerk, a regular or special town meeting or city election in the joining municipality, shall 
vote on the agreement. The vote shall conform to the following procedure. 
A. The article voted on shall be: 
"Article .. : Shall the municipality vote to join School Administrative District No ..... 
as a participating municipality of the district subject to the terms and conditions of 
the agreement prepared by the commissioner dated ..... 19 .. ? 
Yes ... No ... " 
(A copy of the agreement shall be posted with each warrant.) 
B. The election of the directors and the vote on the agreement shall be conducted on 
the same day. This election shall follow the procedures used for the election of 
municipal officials by the municipality. 
C. 
The vote on the agreement shall be called using the same methods as the 
municipality uses in conducting its business at regular or special town meetings or 
city elections. 
D. If the municipality is organized under a special legislative charter, it shall call a 
referendum following the procedures outlined in its charter. 
E. The municipal clerk shall send a certified copy of the results of the vote to the 
secretary of the school administrative district. 
3. 
Second meetioa=. 
If the board of directors fmds that the vote was in the 
affirmative, the board shall call a district referendum within 45 days in accordance with 
sections 13 51 to 13 54 to vote on the following article. 
SENATE AMENDMENT 
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SENATE AMENDMENT "t "to H.P. 1645, L.D. 2280 
Article .. : Shall the district vote to admit the municipality of ........................... (name 
the municipality) into School Administrative District No....... as a participating 
municipality of the district subject to the terms and conditions of the agreement 
prepared by the commissioner dated ......... 19 ...... ? 
Yes .. No .. " 
(A copy of the agreement shall be posted with each warrant.) 
A. The municipal clerks within the district shall forward to the commissioner a 
certified report of the total number of affirmative and negative votes cast on the 
article. 
B. On receipt of the results of the voting from all municipalities, the commissioner 
shall compute and record the result of the voting. 
4. Commissioner flndin&:. If the commissioner finds that a majority of the voters of 
the district and a majority of the voters of the municipality favor admission of the 
municipality into the district, he shall make a finding to that effect. 
A. The commissioner shall notify by registered mail the clerk of the municipality 
seeking to join the school administrative district and the secretary of the school 
administrative district of the results of the vote. 
S. If the commissioner's finding is that a majority is for joining, he shall issue an 
amended certificate for the school administrative district, which shall be filed in the 
same manner as the original certificate. 
5. Certificate. The issuance of an amended certificate shall be conclusive evidence 
of the admission of that municipality to the school administrative district. 
§1402. Combinin&: of districts 
If one school administrative district wishes to join with another school administrative 
district, the following procedure shall be used. 
1. Application. Each district's board of directors shall file an application with the 
commissioner on a form to be prepared by him. 
A. The commissioner shall receive the applications, make a study of the necessity for 
combining the districts and recommend an agreement by which the districts may 
combine. 
B. This agreement shall be forwarded to the secretary of each school administrative 
district. 
2. Meetin&:. Within 45 days after receipt of the agreement each district's board of 
directors shall call a district meeting in accordance with sections 1351 to 1354 to vote on 
the following article. 
"Article.. To see if School Administrative District No .... will vote to join School 
Administrative District No .... in a merger to form a larger district subject to the terms 
and conditions of the agreement prepared by the commissioner dated ............. 19 .... . 
Yes .. No .. " 
(A copy of the agreement shall be posted with each warrant.) 
SENATE AMENDMENT 
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SENATE AMENDMENT" t" to H.P. 1645, L.D. 2280 
3. Return. The secretary of each school administrative district shall file a return 
with the commissioner immediately following the votes in the district on the question of 
merger. 
4. Commissioner's finding. If the commissioner finds that a majority of the voters 
in each district have voted in favor of the merger, he shall make a finding to the effect. 
5. Notice. The commissioner shall notify by registered mail the secretary of each 
district of the results of the vote. 
6. Certificate. If the commissioner's finding is that a majority is for merging, he 
shall issue a new certificate for the enlarged school administrative district and assign a 
number. The certificate shall be filed in the same manner as the original certificate. 
7. Evidence. The issuance of the certificate by the commissioner shall be conclusive 
evidence of the merger of the school administrative districts. 
§1403. Dissolution ofa district 
1. Ten percent petition. Upon receipt of a petition which seeks to dissolve a school 
administrative district and establishes a maximum figure for the cost of preparing a 
dissolution agreement signed by 10% of the number of voters in a municipality who 
voted at the last gubernatorial election, the municipal officers shall call and hold a special 
election, in the manner provided for the calling and holding of town meetings or city 
elections to vote on the dissolution ofthe school administrative district. 
A. 
At least 10 days before the election, a posted or otherwise advertised public 
hearing on the petition shall be held by the municipal officers. 
B. The petition must be approved by secret ballot by a 2/3 vote of the voters present 
and voting before it may be presented to the board of directors and the commissioner. 
Voting in towns shall be conducted in accordance with Title 30-A, sections 2528 and 
2529, even if the towns have not accepted the provisions of Title 30-A, section 2528, 
and voting in cities shall be conducted in accordance with Title 21-A. 
2. Form. The question to be voted upon shall be in substantially the following form: 
"Article .. : Be it resolved by the residents of the Town of ...... that a petition for 
dissolution be filed with the directors of School Administrative District No ..... and 
with the commissioner, that the dissolution committee be authorized to expend 
$.......... and that the (municipal officers; i.e. selectmen, town council, etc.) be 
authorized to issue notes in the name of the Town of ......... or otherwise pledge the 
credit of the Town of ............. in an amount not to exceed $ ........... for this purpose? 
Yes .... No .... " 
3. 
Notice of vote; finding by commissioner. 
If residents of a participating 
municipality vote favorably on a petition for dissolution, the clerk shall immediately give 
written notices, by registered mail, to the secretary of the school administrative district 
and the commissioner which shall include: 
A. The petition adopted by the voters, including the positive and negative votes cast; 
and 
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SENATE AMENDMENT "I:::.. "to H.P. 1645, L.n. 2280 
B. An explanation by the municipal officers, stating to the best of their knowledge, 
the reason or reasons why the municipality seeks to dissolve the district. 
4. Agreement for dissolution; notice; changes in agreement; final agreement. 
The agreement for dissolution shall comply with the following. 
A. 
The commissioner, after consultation with the district board of directors, 
municipal officers of the participating municipalities, and representatives of the group 
which filed the petition with the municipality, shall direct the municipal officers of 
each municipality to select representatives to a committee as follows: One member 
from the municipal officers, the group filing the petition; and one member from the 
general public; and one member from the group filing the petition if the group is 
represented in the municipality. otherwise an additional one member of the general 
public. The commissioner shall also direct the directors representing each 
municipality to select one member of the board of directors who represents that 
municipality to serve on the committee. The municipal officer and the member of the 
board of directors shall serve on the committee only so long as they hold their 
respective offices. Vacancies will be filled by the municipal officers and board of 
directors. The chairman of the board of directors shall call a meeting of the 
committee within 30 days of the filing of the notice of the vote in subsection 3. The 
chairman of the board shall open the meeting by presiding over the election of a 
chairman of the committee. The responsibility for the preparation of the agreement 
shall rest with the committee, subject to the approval of the commissioner. The 
committee may draw upon the resources of the department for information not 
readily available at the local level and employ competent advisors within the fiscal 
limit authorized by the voters. The agreement shall be submitted to the commissioner 
within 90 days after the committee is formed. Extensions of time may be granted by 
the commissioner upon the request of the committee. 
(1) The agreement shall contain provisions to provide educational services for all 
students in the district. The agreement shall provide that during the first year 
following the dissolution, students may attend the school they would have 
attended if the district had not dissolved. The allowable tuition rate for students 
sent from one municipality to another in the former school administrative district 
shall be determined under section 5805, subsection 1, except that it shall not be 
subject to the state per pupil average limitation in section 5805, subsection 2. 
(2) The agreement shall establish the dissolution to take effect at the end of the 
district's fiscal year. 
(3) 
The agreement shall establish that the dissolution will not cause a need 
within 5 years from the effective date of dissolution for school construction 
projects which would be eligible for state funds. This limitation does not apply 
where a need for school construction existed prior to the effective date of the 
dissolution or where a need for school construction would have arisen even if the 
district had not dissolved. 
(4) The agreement shall establish how transportation services will be provided. 
SENATE AMENDMENT 
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SENATE AMENDMENT ,,~ " to H.P. 1645, L.D. 2280 
(5) The agreement shall provide for administration of the new administrative 
units, which should not include the creation of new supervisory units if at all 
possible. 
(6) 
The agreement shall make provision for the distribution of financial 
commitments arising from outstanding bonds, notes and any other contractual 
obligations that extend beyond the proposed date of dissolution. 
(7) The agreement shall make appropriate provision for the distribution of any 
outstanding financial commitments to the superintendent of the school 
administrative district. 
(8) 
The agreement shall provide for the continuation and assignment of 
collective bargaining agreements as they apply to the new or reorganized school 
administrative unit for the duration of those agreements and shall provide for the 
continuation of representational rights. 
(9) The agreement shall provide for the continuation of continuing contract 
rights under section 13201, subsection 2. 
(10) The agreement shall provide for the disposition of all real and personal 
property and other monetary assets. 
(11) 
The agreement shall provide for the transition of administration and 
governance of the schools to properly elected governing bodies of the newly 
created administrative units and shall provide that the governing bodies shall not 
be elected simultaneously with the vote on the article to dissolve unless the 
commissioner finds there are extenuating circumstances which necessitate 
simultaneous elections. 
B. Within 60 days of the receipt of the agreement, the commissioner shall either give 
it conditional approval or recommend changes. The changes shall be based upon the 
standards set forth in paragraph A and the commissioner's findings of whether the 
contents of the plan will provide for appropriate educational and related services to 
the students of the district and for the orderly transition of assets, governance, and 
other matters related to the district. 
C. If the commissioner gives conditional approval of the agreement, he shall notify 
the directors and the municipal officers by registered mail of the time and place of a 
public hearing at least 20 days prior to the date set for the hearing, to discuss the 
merits of the proposed agreement of dissolution. The chairman of the board of 
directors will conduct the hearing. 
(1) The directors shall post a public notice in each municipality of the time and 
location of the hearing at least 10 days before the hearing. 
(2) Within 30 days following the hearing, the committee shall forward the final 
agreement to the commissioner. 
D. If the commissioner recommends changes he shall: 
(1) Send the agreement back to the committee for necessary corrections; 
SENATE AMENDMENT 
SENATE AMENDMENT" G, to H.P. 1645, L.D. 2280 
(I-A) Establish a maximum time within which to make the corrections; and 
(2) Indicate that the corrected agreement shall be returned to the commissioner 
for conditional approval before it goes to public hearing as set forth in paragraph 
C. 
5. Date of vote; notice; warrant; polling bours. The date and time for voting shall 
be established as follows. 
A. The commissioner shall determine the date upon which all municipalities shall 
vote upon the dissolution agreement submitted to them. The election shall be held as 
soon as practicable and the commissioner shall attempt to set the date of the vote to 
coincide with a statewide election. 
B. At least 35 days before the date set in paragraph A, the board of directors shall 
give written notice by registered or certified mail to the town or city clerk of each 
municipality having a right to vote on the dissolution agreement. 
C. 
The town or city clerk shall immediately notify the municipal officers upon 
receipt of the notice, and the municipal officers shall meet and immediately issue a 
warrant for a special town meeting or city election, as the case may be, to be held on 
the date designated by the commissioner. No other date may be used. 
D. In the respective warrants, the municipal officers shall direct that the polls shall 
be open at 10 o'clock in the forenoon and shall remain open until 8 o'clock in the 
afternoon. 
6. Public bearing; voting procedures. The following requirements apply to the 
voting procedures. 
A. At least 10 days before the election, a posted or otherwise advertised public 
. 24 
hearing on the dissolution question shall be held by the municipal officers. 
B. Except as otherwise provided in this section, the voting at the meetings held in 
towns shall be conducted in accordance with Title 30-A, sections 2528 and 2529, 
even if the towns have not accepted the provisions of Title 30-A, section 2528. 
C. The voting at the meeting held in cities shall be conducted in accordance with 
Title 21-A. 
7. Article. The article shall be in the following form. 
"Article ..... : Shall School Administrative District No .............. be dissolved subject 
to the terms and conditions of the dissolution agreement dated .............. 19 ............. 7 
Yes ..... No ...... " 
8. Ballots; posting of agreement. The dissolution agreement need not be printed on 
the ballot. Copies of the agreement shall be posted in each participating municipality in 
the same manner as specimen ballots are posted under Title 30-A, section 2528. 
9. Restriction on dissolution petitions. No participating municipality within a 
district may petition for dissolution within 2 years after the date of: 
A. A municipal vote on a petition for dissolution if the petition received less than 
60% of the votes cast; or 
SENATE AMENDMENT 
v... ;. ceo 
SENATE AMENDMENT" ~"to H.P. 1645, L.D. 2280 
B. A district vote on a dissolution agreement if the agreement received less than 45% 
of the votes cast. 
10. Costs of dissolution aKreements. If the school administrative district votes to 
permit dissolution, then the district shall reimburse the petitioning municipality for the 
authorized expenses incurred by the dissolution committee. If the district votes not to 
permit dissolution, then the district will not be required to reimburse the petitioning 
municipality for those expenses. 
11. Determination of vote. The town and city clerks shall, within 24 hours of 
determination of the result of the vote in their respective municipalities, certify the total 
number of votes cast in the affirmative and the total number of votes cast in the negative 
on the article to the board of directors. 
12. 
Determination of results; notification of commissioner; execution of 
aKreement. Determination of results shall comply with the following. 
A. Upon receipt of the results of the voting from all municipalities, the board of 
directors shall meet and shall compute and record the total number of votes cast in the 
municipalities in the affirmative and in the negative on the dissolution article. 
B. The board of directors shall notify the commissioner by registered mail or by 
hand delivery of the results of the vote. 
C. If the commissioner finds that a majority of the voters voting on the article have 
voted in the affirmative, he shall notify the directors of the district to take steps to 
dissolve the district in accordance with the terms of the agreement for dissolution. 
13. Recount; checklists and ballots; disputed ballots. The following provisions 
apply to recounts, checklists, ballots and disputed ballots. 
A. If, within 7 days of the computation and recording of the results of the voting 
from all municipalities, the municipal officers of any participating municipality 
request to the commissioner in writing a recount of the votes in the district, the 
commissioner shall immediately cause the checklists and all the ballots cast in all of 
the participating municipalities to be collected and kept at the commissioner's office 
so they may be recounted by interested municipalities. 
B. The town clerks of the participating municipalities are authorized to deliver the 
checklists and ballots to the commissioner, notwithstanding any other provision of 
law to the contrary. 
C. The commissioner shall resolve any question with regard to disputed ballots. 
14. Execution of aKreement; certified record; certificate of withdrawal. When 
the agreement for dissolution has been put in effect by the directors of the school 
administrative district. the directors shall notify the commissioner by certified mail that 
the agreement of dissolution has been executed. 
A. A complete certified record of the transaction involved in the dissolution shall be 
filed with the commissioner. 
SENATE AMENDMENT 
'~. -. 'e. 
SENATE AMENDMENT"~' to H.P.1645, L.n. 2280 
B. The commissioner shall immediately issue a certificate of dissolution to be sent 
by certified mail for filing with the directors of the school administrative district and 
shall file a copy in the office of the Secretary of State. 
15. Indebtedness; indebtedness defined; indebtedness after dissolution. The 
following provisions apply to outstanding indebtedness. 
A. Whenever a district having outstanding indebtedness dissolves, the district shall 
remain intact for the purpose of securing and retiring the indebtedness; the 
dissolution agreement may provide for alternate means for retiring outstanding 
indebtedness. 
B. "Outstanding indebtedness" means bonds or notes for school construction projects 
issued by the board of directors pursuant to the authorization established under 
chapter 609 or Title 20, sections 3457 to 3460 or obligations to the Maine School 
Building Authority pursuant to any contract, lease or agreement made by the board of 
directors 
pursuant to approval thereof in a district meeting of the school 
administrative district, but does not include any indebtedness of any municipality 
assumed by the school administrative district at the time of formation nor any 
contract, lease or agreement of the Maine School Building Authority to which by 
operation of law the school administrative district has become the assignee. 
16. General purpose aid. When a school administrative district dissolves, the 
general purpose aid for the individual municipalities must be computed in accordance 
with chapter 606-B. 
17. 
Committee recall. If the commissioner determines that the dissolution 
committee has failed to comply with the requirements of this section, he may authorize 
the municipal officers and the district's board of directors to recall their representatives 
and to appoint new representatives to the committee. 
§1404. Reorganization of a school administrative district as a community school 
district 
1. Petition for reorganization. The residents of a municipality within a school 
administrative district may petition for dissolution of the school administrative district 
and reorganization as a community school district, which will operate grades 9 to 12 and 
any combination of kindergarten through grade 8 in accordance with chapter 105, in the 
manner authorized by section 1403 for dissolution of a district. The articles to be voted 
upon shall clearly set forth that a community school district will be formed upon the 
dissolution of the school administrative district. 
2. Vote required. If the commissioner is petitioned pursuant to the authority of 
subsection I, the board of directors of the school administrative district shall require the 
member municipalities of the district to vote on an article which shall be substantially as 
follows. 
"Article ....... : Shall School Administrative District No ........ be dissolved subject to 
the terms and conditions of the dissolution agreement dated ....... 19 .... ., and the 
towns of .................. form a community school district which shall be responsible for 
the operation of grades ...................... ? 
yes ..... No ..... " 
SENATE AMENDMENT 
~. .te. 
SENATE AMENDMENT" e" to H.P. 1645, L.D. 2280 
3. Governing body of community school district. A school administrative district 
which dissolves and simultaneously forms a new community school district pursuant to 
this section shall have a single governing body which shall consist of a school committee 
performing all of the duties of the school committee and the board of trustees set forth in 
chapter 105. 
4. Commissioner. The commissioner shall carry out his duties under sections 1403 
and 1602 regarding the dissolution of a school administrative district and the creation of a 
new community school district, except that the municipal officers and the board of 
directors shall be responsible for developing a plan to provide for the continuity of the 
educational program for each municipality to be included within the dissolution 
agreement. 
5. Outstanding indebtedness of the school administrative district and liability of 
the community school district. If a school administrative district is dissolved and a 
community school district is formed, the community school district shall become liable 
for the school administrative district's outstanding indebtedness as defined in section 
1403, except as otherwise provided for in subsection 6. 
6. 
Outstanding indebtedness of school administrative district; liability of 
individual municipalities. If the school administrative district is dissolved and the 
ensuing community school district does not include all grades kindergarten through 12, 
each member municipality shall be individually liable for any outstanding indebtedness 
which the school administrative district had relative to the grades which will be operated 
exclusively by that municipality or as otherwise provided for in the dissolution 
agreement. 
7. General purpose aid. When a school administrative district dissolves and a new 
community school district is formed, the general purpose aid for the community school 
district and the individual municipalities shall be computed in accordance with chapter 
605. 
§1405. Withdrawal of a single municipality from a school administrative district 
1. 
Petition. 
The residents of a participating municipality within a school 
administrative district composed of 3 or more municipalities may petition to withdraw 
from the district in the same manner as they would petition for the dissolution of a school 
administrative district in accordance with section 1403, except that only a simple majority 
vote of those casting valid ballots in the municipality is required before the petition may 
be presented to the board of directors and to the commissioner. 
2. Procedure. The steps set forth in section 1403 for dissolution apply to the 
withdrawal of a member municipality from a school administrative district, except that: 
A. 
The responsible committee for preparing the withdrawal agreement shall be 
limited to individuals from the municipality; 
B. Instead of a district election, a municipal election shall be conducted and a 2/3 
vote of those casting valid ballots in the municipality is required before it may 
withdraw; 
SENATE AMENDMENT 
t-.. f. ~. 
SENATE AMENDMENT" C" to H.P. 1645, L.D. 2280 
C. Wherever there is reference in section 1403 to the term "dissolution," or other 
terms not consistent with withdrawal, the term "withdrawal" or other appropriate 
language shall be substituted; 
D. 
All public hearings required under section 1403 shall be conducted by the 
municipal officers; and 
E. A municipality may not petition for withdrawal within 2 years after the date of: 
(1) A municipal vote on a petition for withdrawal if the petition received less 
than 45% of the votes cast; or 
(2) A municipal vote on a withdrawal agreement if the agreement received less 
than 60% of the votes cast. 
3. 
Cost of advisors. 
The expense of employing competent advisors by the 
municipality petitioning to withdraw shall be borne by the municipality and the expense 
of employing competent advisors by the district shall be borne by the district with the 
municipality bearing its share according to the district's cost-sharing agreement. 
4. Commissioner recommended dissolution. The commissioner's responsibilities 
to initiate dissolution proceedings are as follows. 
A. If a member town representing more than 50% of the total population in a district 
votes to withdraw from the district. then the commissioner shall analyze the 
educational impact of the town's withdrawal upon the district. The district's board of 
directors and the municipal officers from the remaining towns shall be consulted. 
B. 
If the commissioner finds that it is impractical for the remaining towns to 
continue as a district, then he shall initiate the dissolution process set out in section 
1403 by having the district submit the following article to the voters at a district 
meeting called in accordance with sections 1351 to 1354. 
"Article ...... : Be it resolved by the voters of School Administrative District No. 
......... that a dissolution committee be appointed and authorized to expend $ ........... , 
and the directors of School Administrative District No. ....... be authorized to issue 
notes or otherwise pledge the credit of School Administrative District No ......... in an 
amount not to exceed $ .......... for this purpose? 
yes ....... No ....... " 
C. If the voters approve the article by a majority vote of those voting and present, 
then the rest of the dissolution process set forth in section 1403 shall apply except: 
(1) A 2nd member from the general public shall be selected by the municipal 
officers to fill the position on the dissolution committee normally held by a 
representative of the group which would have filed the dissolution petition; and 
(2) Costs of preparing a dissolution agreement shall be borne solely by the 
district. 
5. Transfer of DrODertv. The district's board of directors may negotiate with the 
withdrawal committee regarding an equitable division of the district's property between 
the district and the municipality represented by the committee and transfer title of the 
property to the municipality following withdrawal. 
The board of directors shall 
SENATE AMENDMENT 
\\. 
~~. 
SENATE AMENDMENT "G,:" to H.P. 1645, L.D. 2280 
determine that the district's educational program shall not be disrupted solely because of 
the transfer of any given property before it may complete the transfer. 
§1406. Transfer of a municipality from one school administrative district to another 
1. Petition to commissioner. The board of directors of 2 school administrative 
districts may petition the commissioner by joint resolution to permit a municipality to 
transfer from one school administrative district to another, provided that that municipality 
is being transferred to a district contiguous to the municipality. 
2. Transfer a2reement. The boards of directors of the 2 districts and the municipal 
officers of the municipality involved shall form a committee to prepare a transfer 
agreement within 60 days after being notified by the commissioner to prepare the 
agreement. Extensions of time may be granted by the commissioner. 
A. The committee shall consider the standards set forth in section 1403, subsection 4, 
paragraph A in preparing the agreement. 
B. The approval process for the agreement shall follow the steps set forth in section 
1403, subsection 4 to subsection 16. 
C. 
The following question shall appear on the ballot when the transfer of a 
municipality is considered. 
"Article ...... : 
Shall School Administrative District No. .. .... vote to permit the 
municipality of ................... to transfer into School Administrative District No ........ .. 
as a participating municipality of that district subject to the terms and conditions of 
the agreement of transfer approved by the commissioner dated .................... 19 ...... ? 
Yes ........ No ....... " 
(A copy of the agreement shall be posted with each warrant which directs the citizens 
to vote upon the question.) 
D. The article must be approved by a majority of votes cast in both districts and by a 
majority of votes cast in the municipality to be transferred before the agreement may 
take effect. 
E. A complete certified record of the transaction involved in the transfer shall be 
filed with the commissioner. He shall issue immediately a certificate of transfer to 
the secretary of each school administrative district by registered mail to be filed with 
the directors of the districts involved and shall file a copy of the certificate of transfer 
in the office of the Secretary of State. 
3. Outstandin2 indebtedness. Whenever a municipality, or a part of a municipality, 
is detached from a district having outstanding indebtedness, the municipality or part of a 
municipality shall remain as part of the district from which it was detached for the 
purposes of paying its proper portion of such indebtedness until the indebtedness shall be 
redeemed. The municipality or part of a municipality shall not be part of the district from 
which it was detached for the purpose of any outstanding indebtedness incurred 
subsequent to the date of the certificate of transfer. 
SENATE AMENDMENT 
SENATE AMENDMENT" t" to H.P. 1645, L.D. 2280 
§1407. Closing an elementary school 
1. Vote; ~ost of election. An elementary school in a member municipality of a 
school administrative district may not be closed pursuant to section 4102, subsection 3 
unless the voters in the member town vote on the following article in accordance with the 
procedure set :forth in sections 1351 to 1354. 
"Article '" ........ : Shall the board of directors of School Administrative District No. 
......... be authorized to close .......................................................... (name of school)? 
yes ..... No ...... " 
(The election must be conducted only within that member municipality, and the costs 
of the election are borne by the district.) 
2. Expense of keeping the school open. If the voters vote to keep the school open, 
the member municipality is liable for some additional expense for actual local operating 
costs and transportation operating costs as defined in section 15672. The determination 
of costs is subject to the approval of the commissioner. The cost to be borne by the town 
voting to keep an elementary school open is the amount that would be saved if the school 
were closed. Any additional costs that must be borne by the member municipality must 
be part of the article presented to the voters at the meeting to determine whether the 
school should remain open. 
3. Costs and procedures during subsequent years. During any year subsequent to 
the year during which an elementary school remains open contrary to the school 
administrative district board of director's vote to close that elementary school, as a result 
of a municipal referendum, the elementary school will be open without any additional 
cost to the municipality except as described in paragraphs A and B. 
A. If the school administrative district board of directors again vote to close the 
elementary school and the voters of the member municipality again vote to keep the 
elementary school open, as described in this paragraph, then the elementary school 
will remain open and the member municipality will be obligated to pay the additional 
costs as described in subsection 2. 
B. 
If the school administrative district board of directors again votes to close the 
elementary school and the voters of the member municipality fail to vote to keep the 
elementary school open, then the elementary school is closed. In this event, the 
elementary school may be reopened only if the school administrative district board of 
directors vote to reopen the school. 
4. Definition of elementary school closing. In this section, an elementary school 
closing shall be any action or actions by the school administrative district that have the 
effect of providing no instruction for any students at that elementary school. 
5. Method of payment by liable municipality. 
If a municipality is liable for 
additional expenses as determined in subsection 1, paragraph B, then the amount of this 
additional expense shall be subtracted from the school administrative district budget 
before each member municipality's assessment is computed. This additional expense 
shall be paid by the member municipality which is liable in equal monthly amounts, 
unless the school administrative district and that member municipality mutually agree to 
another method of payment. 
SENATE AMENDMENT 
SENATE AMENDMENT ,,~ " to H.P. 1645, L.D. 2280 
§1408. State board review of commissioner's decisions 
A school administrative unit or other interested parties may request that the state 
board reconsider decisions made by the commissioner under this subchapter. The state 
board may have the authority to overturn decisions made by the commissioner. In 
exercising this power, the state board is limited by this subchapter. 
§1409. Rules 
The state board may adopt rules to carry out this subchapter. 
Sec. A-S. 20-A MRSA §1461, sub-§l, as enacted by PL 2007, c. 240, Pt. 
XXXX, § 13, is amended to read: 
1. Notice of intent. Each school administrative unit that intends to form a regional 
school unit shall file with the commissioner a notice of intent to engage in planning and 
negotiations with other school administrative units for the purpose of developing a 
reorganization plan to form a regional school unit under this chapter. The commissioner 
shall respond to each notice of intent providing information regarding the process and 
whether the intended action complies with the requirements of this chapter. 
Sec. A-9. 20-A MRSA §1461, sub-§3, as enacted by PL 2007, c. 240, Pt. 
XXXX, § 13, is amended to read: 
3. Submission of plans. Each school administrative unit that intends to form a 
regional school unit shall submit to the commissioner its proposed reorganization plan for 
consolidation into a regional school unit that meets the requirements of paragraphs A and 
B. 
A. A reorganization plan must include: 
(1) The units of school administration to be included in the proposed reorganized 
regional school unit; 
(2) The size, composition and apportionment of the governing body; 
(3) The method of voting of the governing body; 
(4) The composition, powers and duties of any local school committees to be 
created; 
(5) The disposition of real and personal school property; 
(6) 
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; 
(7) The assignment of school personnel contracts, school collective bargaining 
agreements and other school contractual obligations; 
(8) The disposition of existing school funds and existing financial obligations, 
including undesignated fund balances, trust funds, reserve funds and other funds 
appropriated for school purposes; 
SENATE AMENDMENT 
t.. 
~~. 
/ 
SENATE AMENDMENT "~ " to H.P. 1645, L.D. 2280 
(9) A transition plan that addresses the development of a budget for the first 
school year of the reorganized unit and interim personnel policies; 
(10) Documentation of the public meeting or public meetings held to prepare or 
review the reorganization plan; 
(11) An explanation of how units that approve the reorganization plan will 
proceed if one or more of the proposed members of the regional school unit fail 
to approve the plan; 
(12) An estimate of the cost savings to be achieved by the formation of a 
regional school unit and how these savings will be achieved; and 
(13) Such other matters as the governing bodies of the school administrative 
units in existence on the effective date of this chapter may determine to be 
necessary. 
B. In order for the plan to be approved by the commissioner, the governing bodies of 
school administrative units shall work within the following parameters. 
(1) The proposed regional school unit must serve not fewer than 2,500 students, 
except where circumstances relating to the following factors justify an exception: 
(a) Geography, including physical proximity and the size of the current 
school administrative unit; 
(b) Demographics, including student enrollment trends and the composition 
and nature of communities in the regional school unit; 
(c) Economics, including existing collaborations to be preserved or enhanced 
and opportunities to deliver commodities and services to be maximized; 
(d) Transportation; 
(e) Population density; or 
(f) 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 size requirement of 2,500 
students, the unit must serve as close to 2,500 students as possible and in no case, 
except for coastal islands and schools operated by tribal school committees, may 
it serve fewer than 1,200 students. 
(2) The plan must provide comprehensive programming for all students from 
kindergarten to grade 12 and must include at least one publicly supported 
secondary school. 
(3) The plan must be consistent with the policies set forth in section 1451. 
SENATE AMENDMENT 
'?-.. 
~ CO· 
SENATE AMENDMENT" 8 " 
to H.P. 1645, L.D. 2280 
(4) 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. 
Sec. A-IO. 20-A MRSA §1461, sub-§5, as enacted by PL 2007, c. 240, Pt. 
XXXX, § 13, is amended to read: 
5. 
Referendum on reorganization plan. 
The municipal officers of each 
municipality in a proposed reorganized school administrative unit shall place a warrant 
article substantially as follows on the ballot of a municipal referendum conducted in 
accordance with the referendum procedures applicable to the school administrative unit 
of which the municipality is a member. 
"Article: 
Do you favor approving the school administrative reorganization plan 
prepared by the (insert name) Reorganization Planning Committee to reorganize 
(insert names of affected school administrative units) into a regional school unit, with 
an effective date of (insert date)? 
Yes No" 
The following statement must aeeOffipaRY the artiele: 
"B*planation: 
A "YBS" '/ote meaRS that you approve of the (msnieipality or sehool 
administrative snit) joiniRg the proposed regional sehool unit. 
The finaneial 
penalties snder the Maine Revised Statmes, Title 20 A, seetion 15696 to the 
existing sehool administrati'/e units vAll no longer app~' to the proposed regional 
sehool snit. " 
Sec. A-U. 20-A MRSA §1461, sub-§6, as enacted by PL 2007, c. 240, Pt. 
XXXX, § 13, is amended to read: 
6. Results of referendum. Each school administrative unit that proceeds with a 
referendum pursuant to subsection 5 shall report the results of the referendum to the 
department following the referendum election. 
A. 
A reorganization plan is approved by a kindergarten to grade 12 school 
administrative district or kindergarten to grade 12 community school district if the 
majority of votes cast in the district is in favor of approval of the plan. 
B. A reorganization plan is approved by the member municipalities of a community 
school district that does not provide public education for the entire span of 
kindergarten to grade 12 if the majority of votes cast in the member municipalities is 
in favor of approval of the plan. Approval results in all member municipalities 
joining the regional school unit 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 is 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 shall file notice of approval of the unit 
with the state board. 
SENATE AMENDMENT 
~. 
~ Cb· 
SENATE AMENDMENT "G." to H.P.1645, L.D. 2280 
Sec. A-12. 20-A MRSA §1602, as repealed by PL 2007, c. 240, Pt. XXXX, §14, 
is reenacted to read: 
§1602. Formation 
A community school district may be formed by the residents of 2 or more 
municipalities only if the voters of each of those municipalities have voted to create the 
district. 
1. Municipal vote. If the school board of each municipality's school administrative 
unit votes to join with another municipality to form a community school district, then the 
municipal officers of each municipality shall call a meeting of the voters of their 
respective municipality in a manner provided by law for the calling of town meetings. 
Those meetings shall vote to either favor or oppose articles in substantially the following 
forms. 
A. "Article .. : To see if the municipality of .............. (name) will vote to join with 
the municipalities of ................ (naming them) to form a community school district to 
be known as ............. Community School District which shall be responsible for the 
operation of grades ............ (naming them)." 
B. "Article .. : To see if the costs of operating ........... Community School District 
shall be shared among the municipalities of .... ................ (naming them) in 
accordance with (per student, state valuation, a combination thereof or any other 
formula authorized by the Legislature)." 
C. "Article ... : To see if the municipality of .................. (name) will vote to have the 
community school district's school committee perform the duties of the board of 
trustees." 
2. State board declaration. Each municipal clerk shall file a return of the votes cast 
at the meeting with the state board. If the state board determines that a majority of those 
voting in each of the municipalities favored the articles in subsection 1, paragraphs A and 
B, then the state board shall so declare. With the declaration, the commissioner shall 
issue to the community school district a certificate of organization which shall be 
conclusive evidence of its lawful organization. The community school district shall bear 
the name voted on. 
3. Petition to reorganize to rename. The district school committee may petition 
the state board to change the name of the community school district or to change the 
number of grades which the community school district is responsible for operating. 
A. 
The state board shall authorize the change if it finds the change to be in the best 
interest of the community school district. 
B. 
If the State Board of Education authorizes the change, then the governing body 
of the community school district shall notify the municipal officers in each of the 
member towns who shall call a meeting of the inhabitants of their respective towns in 
the manner provided by law for calling of town meetings and those meetings shall 
vote to favor or oppose articles in substantially the following forms. 
SENATE AMENDMENT 
~. 
~~. 
SENATE AMENDMENT" G:.. " to H.P. 1645, L.D. 2280 
(1) "Article ... : To see if the town will vote to authorize the .................. . 
Community School District to change its name to ............... ........ Community 
School District. II 
(2) 
"Article ... : 
To see if the town will vote to authorize the ................ .. 
Community School District to be responsible for the operation of grades 
" 
............. 
C. The clerk in each of the member towns shall file a return of the votes cast in the 
town meeting with the state board. If the state board finds that a majority of those 
voting in each of the towns favor the articles, then the community school district shall 
be reorganized accordingly. 
4. Board to file return. Whenever the community school district is reorganized in 
the manner authorized in subsection 3 or under section 1751, the board of trustees shall 
file a return to that effect with the state board. A copy, certified by the commissioner, of 
the return shall be conclusive evidence of the reorganization of the community school 
district. 
Sec. A-13. 20-A MRSA §1604, as repealed by PL 2007, c. 240, Pt. XXXX, §15, 
is reenacted to read: 
§1604. Transition to new district 
1. Transfer of contracts. At the start of the school year after organization: 
A. The contracts between the municipalities within the community school district 
and all teachers shall automatically be assigned to the community school district and 
the district shall be responsible for assigning teachers to their duties and making 
payments on their contract; and 
B. 
The contracts between the superintendents and municipalities within the 
community school district shall automatically be assigned to the district. 
(1) The superintendents' duties with regard to the community school district shall 
be determined by the district school committee. 
(2) The community school district shall thereafter pay the proportionate part of 
the superintendents' salary that the municipalities were liable to pay. 
2. Transfer of assets. Each municipality within the community school district, at 
the same time, shall transfer to the district: 
A. All school supplies and equipment purchased for and in use by the school grades 
encompassed by the community school district formation; and 
B. 
All real property, as requested by the district school committee. which was 
formerly used for the school grades encompassed by the district formation. The 
municipal officers shall execute quitclaim deeds for the transfer of real property 
requested by the district school committee. 
3. Initial budeet. The district school committee shall be responsible for preparing 
and submitting a budget to the voters, as authorized by section 1701, prior to the start of 
the first year. 
SENATE AMENDMENT 
,\. 
~ '!I. 
SENATE AMENDMENT "S" to H.P. 1645, L.D. 2280 
4. 
Operational date. 
At the start of the school year after organization, the 
community school district shall become operative and the district school committee shall 
assume the sole management and control of the operation of all the public schools within 
the community school district for the authorized grade levels. It shall also adopt bylaws 
and an official seal. 
Sec. A-14. 20-A MRSA §1751, as repealed by PL 2007, c. 240, Pt. XXXX, §17, 
is reenacted to read: 
§1751. Additions to, dissolution of and withdrawal from a district 
1. Additions. The inhabitants of any territory within any town, not originally in the 
district, may be included upon vote of all towns concerned in a manner similar to that 
prescribed for establishing the community school district in section 1602 under such 
terms and arrangements as may be recommended by the community school district's 
school committee. 
2. Dissolution. The residents of a participating municipality within a community 
school district may petition and vote to dissolve the district in the same manner as a 
participating municipality within a school administrative district may petition and vote to 
dissolve a school administrative district in accordance with section 1403. 
3. Withdrawal. The residents of a participating municipality within a community 
school district may petition and vote to withdraw from the district in the same manner as 
a participating municipality within a school administrative district may petition to 
withdraw in accordance with section 1405. 
4. Transfer. The school committees of2 community school districts may permit the 
transfer of a municipality from one community school district to another in the same 
manner the boards of directors of 2 school administrative districts may permit a transfer 
in accordance with section 1406. 
5. Closing elementary school. If a community school district includes elementary 
grades, the closing of an elementary school in a member municipality pursuant to section 
4102, subsection 3 must follow the procedures established in section 1407 for closing an 
elementary school in a member municipality in a school administrative district. 
6. Substitution or terms. Whenever there is reference in sections 1403 and 1405 to 
1407 to a school administrative district, for purposes of this section, the term "community 
school district" shall be substituted. Other terms consistent with the intent of subsections 
to 5, to allow municipalities to withdraw or transfer from or to dissolve the district or 
keep a municipal elementary school open, may also be substituted as necessary. 
Sec. A-IS. 20-A MRSA §1901, as repealed by PL 2007, c. 240, Pt. XXXX, §18, 
is reenacted to read: 
§1901. Formation 
1. Commissioner's authority. The commissioner shall adjust the grouping of 
school administrative units within the State in accordance with this section. 
2. Size. A school union shall include not less than 35 nor more than 75 teachers 
unless the commissioner, upon request of a school board, finds that because of 
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SENATE AMENDMENT "f:." to H.P.1645, L.D. 2280 
geographic location or other reasons. it is to the advantage of the State and the 
municipalities that a school union shall include fewer than 35 or more than 75 teachers. 
3. Combining unions. On presentation of a written plan of organization which has 
been approved by the school boards involved, the commissioner may combine 2 or more 
school unions, or their parts, into a larger school union. 
A. The new school union shall be administered by a superintendent of schools and 
staff assistants, who may be employed by the union committee as provided in section 
1051. 
B. The commissioner may adjust disbursements for supervision so that there will be 
no loss in state support because of the reorganization. 
4. Exception for existing school unions with over 35 teachers. Existing school 
unions employing over 35 teachers shall not be regrouped unless the proposed regrouping 
has been approved by a majority of the school board members in the school 
administrative units involved. 
5. 
School administrative units with more than 75 teachers. 
A school 
administrative unit with more than 75 teachers may employ a superintendent of schools 
without uniting with other school administrative units for this purpose. 
A. The school administrative unit shall elect a superintendent in the same manner 
and for the same term, fix the salary and discharge the superintendent under the same 
conditions as superintendents employed under sections 1051 to 1054. 
B. 
Annually and whenever a new superintendent is elected, the chairman and 
secretary of the school board shall certify to the commissioner, on the prescribed 
forms, all facts relative to the employment of the superintendent, including the 
amount of the salary to be paid. 
6. Removal. If a school administrative unit having more than 75 teachers removes 
itself from an existing school union composed of not more than 2 units, the remaining 
unit shall, with the consent of its school board and the commissioner, be treated as though 
it had more than 75 teachers, provided that the remaining unit has more than 40 teachers. 
7. Exception for remote administrative units. If the commissioner finds that a 
school administrative unit is remotely situated and that it is not practicable to combine it 
with other school administrative units for the purpose of employing a superintendent, the 
commissioner may place at the service of the school board of that unit the general agent 
for the schooling of the children in unorganized townships, or any other agent of the 
commissioner. 
A. 
That agent shall, when assigned, serve as the superintendent of the school 
administrative unit. The agent shall have the same powers and shall perform the 
same service as superintendents of schools of municipalities. The agent's visits to the 
schools of the school administrative unit shall be at intervals as directed by the 
commissioner. 
B. The treasurer of the school administrative unit shall pay to the agent a sum agreed 
upon by the agent and that school administrative unit. 
In case of dispute, the 
commissioner shall determine the amount to be paid. 
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8. Exception for school administrative unit with fewer than 35 teachers. If, 
because of geographic location or other circumstances, it is not practicable to combine a 
school administrative unit or a school union employing less than 35 teachers with other 
school administrative units to form a school union, the school board may provide 
supervisory service, when approved by the commissioner. The school administrative unit 
or school union may provide for supervisory services by: 
A. Employing a qualified person to serve as superintendent and as a supervising 
principal; 
B. 
Contracting with another school administrative unit or school union for 
supervisory services; or 
C. Employing a qualified agent to fulfill supervisory needs. 
Sec. A-16. 20-A MRSA §2101, sub-§l, as repealed by PL 2007, c. 240, Pt. 
XXXX, §19, is reenacted to read: 
1. Establishment. If a union school is desired, the municipalities shall apply to the 
commissioner. The commissioner shall prepare an agreement setting out the terms and 
conditions under which a union school may operate. 
Sec. A-17. 20-A MRSA §2101, sub-§2, as repealed by PL 2007, c. 240, Pt. 
XXXX, §20, is reenacted to read: 
2. Approval. Before a union school may operate, each municipality shall approve 
the agreement by an affirmative vote acting under an appropriate article at a regular or 
special town meeting or city election. 
Sec. A-18. 20-A MRSA §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. 
(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. 
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SENATE AMENDMENT" S. " to H.P. 1645, L.D. 2280 
(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) EKeept as provided iH sabparagraph (6), for For the 2009 property tax year 
and subsequent tax years, the full-value education mill rate is the amount 
necessary to result in a 45.0% statewide total local share in fiscal year 2009-10 
and after. 
(6) For sehool admiHistrative aHits that do Hot eOHform to the reqairemeHts of 
ehapter 103 A for the 2009 property taK year, the full valae edueatioH mill rate is 
the amoaHt Heeessary to resalt iH a 46.14% statewide total loeal share iH fiseal 
year 2(}(}9 10 aHd after. 
Sec. A-19. 20-A MRSA §15688, suh-§3-A, as amended by PL 2007, c. 240, Pt. 
XXXX, §30, is further amended to read: 
3-A. School administrative unit; contribution. For each school administrative 
unit, the commissioner shall annually determine the school administrative unit's required 
contribution, the required contribution of each municipality that is a member of the unit, 
if the unit has more than one member, and the State's contribution to the unit's total cost 
of education in accordance with the following. 
A. 
For a school administrative unit composed of only one municipality, the 
contribution of the unit and the municipality is the same and is the lesser of: 
(1) The total cost described in subsection 1; and 
(2) The total of the full-value education mill rate calculated in section 15671-A, 
subsection 2 multiplied by the property fiscal capacity of the municipality. 
B. 
EKeept as provided iH paragraph B 1, for For a school administrative district, 
community school district or regional school unit composed of more than one 
municipality, each municipality's contribution to the total cost of education is the 
lesser of: 
(l) The municipality's total cost as described in subsection 2; and 
(2) The total of the full-value education mill rate calculated in section 15671-A, 
subsection 2 multiplied by the property fiscal capacity of the municipality. 
B 1. For a regioHal sehool aHit, if the amoHHt ealeHlated parsHant to paragraph B is 
less thaH 2 mills ml:lltiplied by the property fiseal eapaeity of the ml:lHieipality, the 
fllHHieipality's eOHtributioH to the total eost of edl:leatioH is aH amouHt equal to 2 mills 
fllultiplied by the property fiseal eapaeity of the flll:lHieipality. The differeHee iH the 
amOl:lHt ealel:llated pursl:laflt to paragraph B aHd the amOl:lHt ealeulated parSl:laHt to this 
paragraph, 'Nhieh amouHt may Hot be less thaR zero, flll:lst be used to proportioHally 
IO't.."er the loeal eoHtributiofl iH the remaiHiHg flll:lHieipalities. 
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SENATE AMENDMENT"r::, "to H.P. 1645, L.D. 2280 
C. For a school administrative district, community school district or regional school 
unit composed of more than one municipality, the unit's contribution to the total cost 
of education is the lesser of: 
(1) The total cost as described in subsection 1; and 
(2) The sum of the totals calculated for each member municipality pursuant to 
paragraph B, subparagraph (2), plus the total ealeulated PUfSUaBt to paragraph B 
if applieable. 
D. The state contribution to the school administrative unit's total cost of education is 
the total cost of education calculated pursuant to subsection 1 less the school 
administrative unit's contribution calculated pursuant to paragraph A or C, as 
applicable. The state contribution is subject to reduction in accordance with section 
15690, subsection 1, paragraph C. 
Sec. A-20. 20-A MRSA §15696, as enacted by PL 2007, c. 240, Pt. XXXX, §33, 
is repealed. 
Sec. A-21. 20-A MRSA §15697 is enacted to read: 
§15697. Incentives 
1. 
Authorized adjustments. 
The following adjustments to the calculation of 
subsidy under this chapter are required beginning July 1, 2009 for a school administrative 
unit that becomes a member of an approved regional school unit or has an approved 
alternative plan: 
A. The local cost share expectation pursuant to 15671-A, subsection 2 must be 
lowered as follows: 
(1) 
For school administrative units with alternative plans approved by the 
commissioner with not fewer than 2,500 students in accordance with Public Law 
2007, chapter 240, Part XXXX, the local cost share expectation must be lowered 
by 2%. This adjustment is effective for the 2009-10, 2010-11 and 2011-12 fiscal 
years for funding calculations under this chapter. 
(2) For school administrative units that become members of a regional school 
unit that is based on a plan approved by the commissioner; has no fewer than 
1,000 but no more than 1,599 students; and has been approved by the voters in 
that region in accordance with Public Law 2007, chapter 240, Part XXXX, the 
local cost share expectation must be lowered by 5%. The adjustment is effective 
for the first operational year of the regional school unit to fiscal year 2011-12 for 
funding calculations under this chapter. 
(3) For school administrative units that become members of a regional school 
unit that is based on a plan approved by the commissioner; has no fewer than 
1,600 students; and has been approved by the voters in that region in accordance 
with Public Law 2007, chapter 240, Part XXXX, the local cost share expectation 
must be lowered by 10%. The adjustment is effective for the first operational 
year of the regional school unit to fiscal year 2011-12 for funding calculations 
under this chapter. 
SENATE AMENDMENT 
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SENA TE AMENDMENT "~ "to H.P. 1645, L.D. 2280 
For regional school units that qualify under this paragraph, the local cost share 
expectations for fiscal years following 2011-12 are adjusted by these percentages. 
(a) For fiscal year 2012-13, the local cost share expectation must be lowered 
by 8%. 
(b) For fiscal year 2013-14, the local cost share expectation must be lowered 
by 6%. 
(c) For fiscal year 2014-15, the local cost share expectation must be lowered 
by 4%. 
(d) For fiscal year 2015-16, the local cost share expectation must be lowered 
by 2%. 
(e) For fiscal year 2016-17 and thereafter. the local cost share expectation is 
not adjusted. 
Sec. A-22. PL 2007, c. 240, Pt. XXXX, §36 is amended to read: 
Sec. XXXX-36. Legislative intent and policy. This Part establishes the process 
for increasing the efficiency and effectiveness of school administrative units by providing 
a process foF FeoFganizing tRem into 80 to enable school administrative units to exercise 
the option of reorganization into regional school units 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 infonnation 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: 
(l) The intent and goals set forth in Title 20-A, section 1451; and 
(2) The intent that sustainable, long-term administrative efficiencies be achieved 
by consolidating the current number of school units existing on the effective date 
of this Act into 80 regional units or into a number of units that meets the 
administrative efficiencies established by this Part. Regional units of at least 
2,500 resident students must 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 must serve as close to 2,500 students 
SENATE AMENDMENT 
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SENATE AMENDMENT "f,." to H.P.1645, L.D. 2280 
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 under this Part and Title 20-A, chapter 103-A; 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; 
(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; or 
(4) A school administrative unit that is designated as an efficient, high-
performing district. For purposes of this subparagraph, a school administrative 
unit is designated an "efficient, high-performing district" if: 
(a) It contains at least 3 schools identified as "higher performing" in the May 
2007 Maine Education Policy Research Institute report "The Identification of 
Higher and Lower Performing Maine Schools"; and 
(b) Its reported 2005-2006 per-pupil expenditures for system administration 
represent less than 4% of its total per-pupil expenditures. 
3. Reorganization planning committee. Municipalities that intend to engage in 
planning and negotiation to create a regional school unit shall form a reorganization 
planning committee. 
A. For each proposed regional school unit, 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. The guidelines must include 
roles and responsibilities of the committee, timelines for submission of the plan, the 
format for reporting the reorganization plan and evaluation criteria for approval of the 
plan. 
B. Reorganization planning committees shall hold one or more public meetings to 
gather input from community members and to determine the sentiment of the public. 
4. Submission of plans. By December 1,2007, each school administrative unit shall 
submit to the Commissioner of Education either: 
A. Its proposed reorganization plan for consolidation into a regional school unit that 
meets the requirements of subsections 5 and 6; or 
SENATE AMENDMENT 
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SENATE AMENDMENT" r;. " to H.P. 1645, L.D. 2280 
B. 
Its proposed plans for reducing the cost of services within the school 
administrative unit to meet the requirements of subsection 6, paragraph F. 
Each school administrative unit shall exercise due diligence and act in good faith in 
developing a plan that meets the requirements of this Part and furthers the intent of the 
Legislature to achieve sustainable, long-term administrative efficiencies. 
5. Content. A reorganization plan must include: 
A. The units of school administration to be included in the proposed regional school 
unit; 
B. The size, composition and apportionment of the governing body; 
C. The method of voting ofthe 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 fail to approve the 
plan; 
L. An estimate of the cost savings to be achieved through formation of a regional 
school unit 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 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; 
SENATE AMENDMENT 
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SENATE AMENDMENT "t.." to H.P. 1645, L.D. 2280 
(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, including the rural nature of our communities; 
(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; or 
(7) If, after performing due diligence to develop a regional plan that meets the 
2,500 students enrollment requirement, a school administrative unit is unable to 
achieve the enrollment goal due to the decision of geographically proximate 
school administrative units to participate in a different regional unit. 
When circumstances justify an exception to the requirement of 2,500 students, the 
unit must serve at least 1,200 students, except for offshore islands and schools 
operated by tribal school committees, which may serve fewer than 1,200 students. 
B. The proposed unit, 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. 
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 address how the school administrative unit will reorganize 
administrative functions, duties and noninstructional personnel so that the projected 
expenditures of the reorganized school unit in fiscal year 2008-09 for system 
administration, transportation, special education and facilities and maintenance will 
not have an adverse impact on the instructional program. 
7. 
Review 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 and written 
findings providing the specific reasons why the plan did not meet with the 
requirements in this Part. 
B. Upon the return of a reorganization plan by the Commissioner of Education, the 
governing body of the school administrative unit shall may revise the proposed plan 
SENATE AMENDMENT 
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SENATE AMENDMENT" f,. .. to H.P.1645, L.D. 2280 
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 make a determination whether the revised 
plan for reorganization meets the requirements of this Part not more than 14 days 
after it is refiled by the unit. 
D. The Commissioner of Edueation may not find tkat a plan for reorgani~ion does 
not meet tke req1:lirements of tkis Part solely on the gro1:lnd that a finding that it meets 
the req1:lirements weuld ea1:lse the n1:lmeer of regional seheel 1:lnits in the State to 
exeeed 80. 
8. 
Referendum on reorganization plan. 
The municipal officers of each 
municipality in a proposed reorganized school administrative unit shall place a warrant 
article substantially as follows on the ballot of a municipal referendum conducted in 
accordance with the referendum procedures applicable to the school administrative unit 
of which the municipality is a member. A referendum must be held on or before January 
15, 2008 for a reorganization plan that was submitted by December 15, 2007 and that the 
Commissioner of Education found meets the requirements of this Part. A referendum 
ffl1:l5t may be held on June 10, 2008 or on or before November 15, 2008 for any plan 
received or revised after December 15, 2007 and subsequently found by the 
Commissioner of Education to meet the requirements of this Part. 
"Article: 
Do you favor approving the school administrative reorganization plan 
prepared by the (insert name) Reorganization Planning Committee to reorganize 
(insert names of affected school administrative units) into a regional school unit, with 
an effective date of 
? 
YeslNo" 
The follewing statement must aeeempalT)' the artiele: 
"E1lplaRatien: 
A "YES" yote means that you Itflproye of the (m1:lnieipality or sekoel administrati'/e 
1:lnit) joining tke prepesed regienal sehool unit, whiek · ..... ill be proyided 'llith the 
follo'lling ineentiyes: 
More fa't'orable eonsideration in approval aRd funding of sehool eonstr1:letion 
prejeets; and 
Eligibility for additional finaReial S1:lpport fer reorganiz;ation eosts. 
A "NO" yote means tkat you do not apflrove of tke (m1:lnieiflality or sehool 
administratiye unit) joining a regional sehool tlAit, whiek will result in tke existing 
(munieipality or sehool aeministratiye 1:lnit) reeeiying the following penalties: 
Less fayorable eonsideration in approyal and funding of selleol eonstrnetien 
prejeets; and 
A reduetion in state funding ef ed1:leation eosts in aA amount estimated to be 
$ 
for selloel year 200 and $ 
for sekool year 200-, 'llitll the 
pessibility of engeing penalties for eontinued failwre to jein an appro'/ed regienal 
sellool wnit. 
R-edwetions in state edweation funding ,,,,ill likely result in an 
inereased mill rate expeetation to meet the Iseal share sf edweation eosts. " 
SENATE AMENDMENT 
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SENATE AMENDMENT "'8-" to H.P. 1645, L.D. 2280 
The Department of Education shall pay the cost of a referendum conducted before or on 
January 15,200830,2009. 
9. Results of referendum. Each school administrative unit that holds a referendum 
pursuant to subsection 8 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. 
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 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. 
11. Result of disapproval at referendum. A school administrative unit that rejects 
a proposed reorganization plan at the JaRuary 15, 2008 rerereRdum or at a subsequeRt 
rerereRdum on or before No¥ember 4, 2008 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. 
SubsequeRt reorgaRi~ioR plaRS must meet the same requiremeRts as for 
reorgaRizatioR plaRS filed prior to the Jamtary 2008 rerereRdum, ex:oept that the 
timeliRes are adjusted to reflect a July 1, 2009 reorgaRizatioR date. 
B. 
The peRalties set forth iR Title 20 A, seotioR 15696 apply to aRY sohool 
admiRistrati'/e uRit that fails to appfO¥e a reorgaRizatioR \3laR OR or before l>lo¥ember 
4,2008 and to implemeRt that plaR by July 1,2009. 
12. 
RefoFmulatioB of SAD as RSU. 
Not later thaR Deoember 1, 2008, the 
CommissioReF of BduoatioR shall Rotify aey sohool admiRistrati¥e distriot that has ROt 
voted to form a regioRal sohool URit OR or before November 4, 2008 that the sohool 
admiRistrative distriot must be reoreated as a regioRal sohool uRit uRder Title 20 A, 
ohapter 103 A, effeotive July 1, 2009. 
NotwithstaRding aey other proYisioR of IIl'N, a 
sohool administrati¥e distriot may be ohaRged to a regional sohooluRit U\30R Rotioe to the 
State Board of EduoatioR 'Nithout dissol¥iRg the sohool admiRistrati¥e distriot. 
Sec. A-23. PL 2007, c. 240, Pt. XXXX, §44 is repealed. 
SENATE AMENDMENT 
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SENATE AMENDMENT" f. " to H.P. 1645, L.D. 2280 
Sec. A-24. Legislative intent; report; additional necessary legislation. 
1. It is the intent of the Legislature to repeal those provisions of the law that require 
school administrative units to reorganize into regional school units and that impose 
penalties on school administrative units that do not reorganize into regional school units 
and to instead provide school administrative units with the option of reorganizing as 
regional school units. Notwithstanding any provision of law to the contrary, a provision 
of law that requires a school administrative unit to reorganize as a regional school unit or 
imposes penalties for failure to reorganize as a regional school unit may not be given 
effect. 
2. No later than January 31, 2009, the Commissioner of Education shall submit to the 
joint standing committee of the Legislature having jurisdiction over education and 
cultural affairs a report that contains recommendations and any proposed legislation 
necessary to fully repeal those provisions of the law that require school administrative 
units to reorganize into regional school units and that impose penalties on school 
administrative units that do not reorganize into regional school units. Following receipt 
and review of the report, the joint standing committee of the Legislature having 
jurisdiction over education and cultural affairs may submit a bill to the First Regular 
Session of the 124th Legislature. 
PARTB 
Sec. B-1. 20-A MRSA §1305-C, as enacted by PL 2007, c. 240, Pt. XXXX, §11, 
is amended to read: 
§1305-C. Mandatory budget validation and cost center summary budget form 
Notwithstanding any other law, school administrative district budgets developed after 
January 1, 2008 must conform to the format and referendum procedures for regional 
school units as set forth in sections 1305 A aBe:! 1305"B 1485 and 1486. A school 
administrative district is deemed to be a regional school unit solely for the purpose of 
developing a budget pursuant to sections 1485 and 1486. 
Sec. B-2. 20-A MRSA §1452, as enacted by PL 2007, c. 240, Pt. XXXX, §13, is 
amended to read: 
§1452. Application of general law; core functions of a regional school unit 
Notwithstanding any provision of law to the contrary, schools operated by the 
regional school units established in accordance with this chapter are the official schools 
of the participating municipalities. The provisions of general law relating to public 
education apply to these schools. State funds for public schools must be paid directly to 
the treasurer of a regional school unit. The core functions for which a regional school unit 
is responsible include without limitation: 
1. Employment of superintendent. Employment and discharge of a superintendent 
pursuant to section 1001. subsection 3 and chapter 101. subchapter 2; 
2. Performance of business functions. Administration of accounting. payroll, 
financial management, purchasing insurance and auditing; 
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3. Special education administration. Administration of special education duties of 
school administrative units under chapter 303; 
4. Transportation. Administration of transportation; 
5. Core curriculum. Adoption of a core curriculum, standardized testing and 
assessments aligned with the system of learning results established in section 6209; 
6. Budget. Adoption of the regional school unit budget; 
7. Reporting. Reporting required by state or federal law or regulation; 
8. Employment. Functioning as the employer of all employees working within the 
regional school unit for collective bargaining purposes and for all other purposes, 
including but not limited to those contained in section 1464, in Title 26, chapter 9-A and 
in all state and federal laws regulating the rights and duties of employers and employees; 
9. School calendar. Establishment of a common school calendar, subject to local 
variations permitted by the regional school unit board; and 
10. Adoption of policies. Adoption of policies for all schools in the regional school 
unit pursuant to section 1001, subsection I-A, except that the local school committee may 
adopt policies not in conflict with the regional school unit policies. 
Sec. B-3. 20-A MRSA §1461-A is enacted to read: 
§1461-A. Transitional powers and duties of initial regional school unit board 
As used in this section, unless the context indicates otherwise, "regional school unit 
board" means the initial regional school unit board elected pursuant to section 1472-A. 
From the time of election of the regional school unit board to July I st of the regional 
school unit's first operational year, the regional school unit board shall establish interim 
rules of procedures and shall elect officers who shall serve until officers are elected at a 
meeting following the operational date of the regional school unit. The regional school 
unit board's powers and duties during this period are governed by this section. 
1. Selection of superintendent. The regional school unit board shall select a 
superintendent for the regional school unit in accordance with section 1051 to carry out 
the duties specified in section 1055. During the interim period, the salary, office and other 
expenses of the superintendent, as well as the costs of the regional school unit board, 
including insurance, must be allocated to the school administrative units by the cost-
sharing formula established in accordance with section 1481-A and included in the 
reorganization plan for the regional school unit. 
2. Budget preparation and approval. The regional school unit board shall prepare 
the annual budget for the first operational year of the regional school unit in time for its 
presentation to and consideration by the regional school unit board in accordance with 
subchapter 4. Specific duties may be assigned to existing personnel with the approval of 
the employing school administrative unit. The regional school unit board shall complete 
the budget development process and recommend a budget for consideration by the 
legislative body responsible for final budget approval and the residents of the regional 
school unit. The budget format, approval procedures and assessments for the regional 
school unit's first operational year budget must be in accordance with this chapter. 
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3. Authorization. The regional school unit board is authorized to take all other 
actions provided under state law to prepare the regional school unit to become operational 
on July 1st for the first operational year, including the authority to open and maintain 
accounts, to incur expenses to be allocated among the regional school unit's member 
school administrative units in accordance with the reorganization plan for the regional 
school unit and to file applications for school construction projects and revolving 
renovation fund loans and other available funding. 
4. Fiscal aeent. The regional school unit board is authorized to expend start-up 
funds for the regional school unit. A school administrative unit within the regional 
school unit may serve as a fiscal agent and may expend any start-up funds on behalf of 
the new regional school unit prior to the regional school unit's operational date without 
calling for a special meeting of the local legislative body. 
Sec. B-4. 20-A MRSA §1472-A is enacted to read: 
§ 14 72-A. Election of initial regional school unit board 
1. 
Election; interim secretary; duties. 
Within 30 days of the issuance of a 
certificate of organization for the regional school unit by the state board pursuant to 
section 1461, subsection 7, the members of the school boards of the school administrative 
units within the regional school unit shall conduct a joint meeting for the purposes of 
electing an interim secretary of the regional school unit and determining a date for the 
election of the initial regional school unit board. The interim secretary shall notify the 
municipal officers of the member municipalities of the regional school unit of the date of 
the election. The election must be conducted in accordance with section 1473, subsection 
2, except that the election duties of the secretary and the regional school unit board must 
be performed by the interim secretary. The duties of the interim secretary include: 
A. Notifying the municipal officers of the date of the election; 
B. Furnishing nomination papers at least 10 days before the deadline for filing 
nomination papers; 
C. 
Receiving completed nomination papers in accordance with section 1473, 
subsection 2; 
D. 
Preparing and distributing election ballots in accordance with section 1473, 
subsection 2; 
E. 
Receiving the town clerk's certification of the results of the voting in each 
member municipality; 
F. Tabulating the town clerk's certification of the results of the voting in each 
member municipality; 
G. Accepting any recount petitions that may have been filed pursuant to section 
1473, subsection 2, paragraph C; and 
H. 
Totaling the votes cast for each candidate and notifying the clerk in each 
municipality, the candidates and the commissioner of the final results of the voting 
and the names and addresses of the persons elected as directors. 
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2. Initial meeting. In accordance with section 1473, subsection 1, the clerk of each 
municipality within the regional school unit shall forward the names and addresses of the 
directors elected to represent that municipality to the state board with other data regarding 
their election as the state board may require. On receipt of the names and addresses of all 
of the directors, the state board shall set a time, place and date for the first meeting of the 
directors and give notice to the directors in writing, sent by registered or certified mail, 
return receipt requested, to the addresses provided by the municipalities. 
Sec. B-5. 20-A MRSA §1472-B is enacted to read: 
§1472-B. Staggered initial terms 
Notwithstanding section 1471, subsection 2, the initial directors elected to a regional 
school unit board shall meet and draw lots for their term lengths as specified in this 
section. 
1. Municipalities with annual elections. In municipalities with annual elections, 
of the directors serve one-year terms, 113 of the directors serve 2-year terms and 1/3 
of the directors serve 3-year terms. If the number of directors is not evenly divisible by 3, 
the first remaining director serves a 3-year term and the 2nd remaining director serves a 
2-year term. 
2. Municipalities with biennial elections. In municipalities with biennial elections, 
half of the directors serve 4-year terms and half of the directors serve 2-year terms. If the 
number of directors is not divisible by 2, the remaining director serves a 4-year term. 
The directors shall serve their terms as determined under this section and any 
additional period until the next regular election of the municipalities. Thereafter, the 
directors' terms of office are as established in section 1471. 
Sec. B-6. 20-A MRSA §1478, as enacted by PL 2007, c. 240, Pt. XXXX, § 13, is 
repealed and the following enacted in its place: 
§1478. Local school committees 
1. Formation. A reorganization plan under section 1461 or a regional school unit 
board may authorize the formation of a local school committee for a member 
municipality established in accordance with chapter 111, subchapter 1. 
2. 
Dele2ation of functions. 
A reorganization plan that has been approved in 
accordance with subchapter 2 or a regional school unit board may delegate a local school 
committee to perform any duties, functions and services other than those reserved to the 
regional school unit under subchapter 1. The core functions provided by a regional 
school unit pursuant to section 1452 may be supplemented at the expense of any member 
municipality. 
3. 
Budget responsibility. 
A reorganization plan that has been approved in 
accordance with subchapter 2 or a regional school unit board may authorize a local school 
committee to present to the board a proposed budget for the local school in a form that is 
consistent with section 1485. The proposed local school budget must be submitted in 
time to be included in the budget for the regional school unit. Proposed expenditures that 
are not included in the regional school unit budget may be separately appropriated by the 
municipality to be expended by the regional school unit in accordance with the 
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appropriation. Supplemental municipal appropriations for education are not subject to 
section 1486. 
4. Title to property. School property overseen by a local school committee may be 
owned either by the municipality or by the regional school unit as long as there is a clear 
allocation of responsibilities for management of all of the school property in the regional 
school unit. 
Sec. B-7. 20-A MRSA §1481, as enacted by PL 2007, c. 240, Pt. XXXX, §13, is 
repealed. 
Sec. B-8. 20-A MRSA §1481-A is enacted to read: 
§1481-A. Finances 
1. Apportionment of costs for regional school unit. A regional school unit may 
raise money, in addition to the local contribution pursuant to section 15690, subsection 1, 
for establishing and maintaining public schools, erecting buildings and providing 
equipment for educational purposes. The additional costs of operating a regional school 
unit must be shared among all municipalities within the regional school unit by the same 
local share percentages for each municipality resulting from the determination of the local 
contribution under section 15688. 
2. Existing cost-sharing agreement. Notwithstanding subsection 1, a cost-sharing 
agreement in existence on June 7, 2007 that was adopted pursuant to Public Law 2005, 
chapter 2 or pursuant to a private and special law remains in existence unless the parties 
to the agreement modify or terminate the agreement: 
A. As part of a reorganization to regional school units under this chapter; or 
B. As a result of a negotiated agreement between the parties to the cost-sharing 
agreement. 
3. Method included in reorganization plan. Notwithstanding subsection 1, a 
regional school unit may use a method of cost sharing that was included in a 
reorganization plan developed pursuant to section 1461 or Public Law 2007, chapter 240, 
Part XXXX, section 36 as long as the method complies with this subsection. 
A. 
The costs of operating a regional school unit must be shared among all 
municipalities within the unit in one of the following ways. 
(1) Under a property valuation method, municipalities in a unit shall share costs 
in the same proportion as each municipality's property fiscal capacity as defined 
in section 15672, subsection 23 is to the unit's property fiscal capacity. 
(2) Under an alternate method of cost sharing, municipalities in a unit shall share 
costs based on: 
(al The number of resident pupils in each town; 
(bl The property fiscal capacity of each member municipality as defined in 
section 15672, subsection 23; 
(cl Any combination of divisions (al and (bl; or 
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(d) Any other factor or combination of factors that may, but need not, 
include divisions (a) or (b). 
B. 
A process of amending the cost-sharing formula must be included in the 
reorganization plan. 
Notwithstanding any provision of law to the contrary, a cost-sharing agreement in 
existence on June 7, 2007 that was adopted pursuant to Public Law 2005, chapter 2 or 
pursuant to a private and special law may not be construed to preempt the formation of a 
regional school unit under this chapter. Notwithstanding any provision of law to the 
contrary, a cost-sharing agreement between 2 or more municipalities in existence on June 
7, 2007 that was adopted prior to June 7, 2007 may not be construed to preempt the 
formation of a regional school unit under this chapter. 
Notwithstanding any provisions of law to the contrary, a municipality within a 
regional school unit may raise money and direct the spending of the funds to any school 
within the regional school unit. 
Sec. B-9. 20-A MRSA §1482-A is enacted to read: 
§1482-A. Budget meeting 
A regional school unit board shall hold a regional school unit budget meeting at a 
time it determines. 
1. Warrant. The budget meeting must be called by a warrant. The warrant must: 
A. Be signed by a majority of the regional school unit board; 
B. Specify the time and place ofthe meeting; 
C. Include the proposed school budget and other articles the regional school unit 
board chooses to place before the voters, excluding authorization to borrow money 
for school construction purposes; 
D. Specify the state and local shares of the state-local allocation and local leeway 
and additional expenditures without state participation; and 
E. Be directed to a resident of the regional school unit by name ordering the resident 
to notify all voters within the regional school unit to assemble at the time and place 
appointed. 
2. Notice. An attested copy of the warrant must be posted by the person to whom it 
is directed in some conspicuous public place in each of the municipalities within the 
regional school unit at least 7 days before the meeting. The person who gives notice of 
the meeting shall make a return of the posting on the warrant stating the manner of notice 
in each municipality and the time when it was given. 
3. Requested articles. If requested by a written petition of at least 10% of the 
number of voters voting for the gubernatorial candidates in the last gubernatorial election 
in each municipality within the regional school unit, the regional school unit board shall 
place specific articles, not in conflict with existing state statutes, in the warrants for 
consideration at the next annual regional school unit budget meeting. To be included in 
the warrant, a petition must be received by the regional school unit board at least 15 days 
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to H.P. 1645, L.D. 2280 
before the date set for the budget meeting. When placed on the warrant, the articles must 
be considered before action relating to the appropriation of money for the operation of 
schools may be taken. 
Sec. B-I0. 20-A MRSA §1482-B is enacted to read: 
§1482-B. Annual budget meeting procedures 
The following procedures must be used at a regional school unit annual budget 
meeting. 
1. Election of moderator. The secretary of the regional school unit board or the 
chair of the regional school unit board when the secretary is absent shall open the annual 
budget meeting and call for the election of a moderator, receive and count votes for the 
moderator and swear in the moderator. 
2. Appointing ballot clerks. The moderator shall appoint from the certified voting 
list the ballot clerks necessary for the efficient operation of the annual budget meeting. 
The moderator shall swear in the clerks. 
3. Budget consideration. The superintendent of the regional school unit shall 
thoroughly explain the budget. The voters must have an opportunity to be heard. The 
voters may change only items dealing with: 
A. The expenses necessary to operate the regional school unit; 
B. Appropriations for the reserve fund; and 
C. Appropriations for the contingency fund and school construction purposes. 
4. Approval. A majority vote of those voters present and voting is necessary for the 
approval of the annual budget. 
5. Voting lists. Registration of voters for the annual budget meeting must be held in 
each member municipality in accordance with Title 21-A, section 122. 
A. 
Prior to the annual budget meeting, the municipal clerks of the member 
municipalities shall supply to the regional school unit board certified corrected copies 
of the registered voters of their municipalities. 
B. The certified corrected copies under paragraph A must be used in determining the 
voters who are eligible to vote at the annual budget meeting. 
6. Written ballot. An article must be voted on by written ballot if at least 10% of 
those present and voting vote to use a written ballot. The department, in consultation 
with municipal and school officials and with organizations representing those officials, 
shall develop and distribute guidelines to assist regional school unit annual budget 
meeting moderators in explaining and implementing this subsection. 
Sec. B-11. 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 1st of the first operational year of 
the new unit for the purposes of funding public schools, or for refinancing such debt, 
SENATE AMENDMENT 
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SENATE AMENDMENT"~ "to H.P. 1645, L.D. 2280 
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. B-12. 20-A MRSA §1506, sub-§4, as enacted by PL 2007, c. 240, Pt. 
XXXX, § 13, is amended to read: 
4. Debt of original education units. After July 1, 2008, 1 st of the first operational 
year of the new unit for each original education unit with existing debt that has 
reorganized into a new unit, if the new unit has not agreed to assume liability to pay that 
existing debt, the regional school unit board shall serve as agent for purposes of that 
existing debt and has full authority to: 
A. Sue and be sued in the name of the original education unit with respect to the 
existing debt; 
B. Determine the debt service due each fiscal year on any existing debt; 
C. 
As applicable, allocate to each member of the original education unit the 
member's share of the annual debt service for the existing debt of the original 
education unit in addition to each member's share of costs of the new unit; 
D. Collect the allocation for debt service on the existing debt from the original 
education unit or, as applicable, from each member of the original education unit in 
addition to each member's share of costs of the new unit; 
E. Pay the debt service on the existing debt of the original education unit when due; 
and 
F. Take all other actions necessary and proper with respect to the existing debt. 
Allocations between members of the original education unit to pay the debt service for 
the existing debt must be made on the basis of the cost-sharing formula of the original 
education unit in effect on July 1, 2007, as applied to the year of allocation. In the case of 
state-subsidized debt service, the provisions of subsection 3 apply. Amounts to pay the 
debt service on the existing debt of the original education units must be included in the 
budget that the regional school unit board of a new unit submits for approval. If the 
original education unit is divided between different new units that have not agreed to 
assume liability to pay the existing debt, the commissioner shall require that the 
reorganization plan of one of those new units provide for that new unit to serve as agent 
for purposes of the existing debt of the original education unit. That new unit, as agent, 
has the authority provided by this subsection, except that the new unit shall notify the 
other new units containing members of the original education unit of the amounts they 
must assess and collect from their members who were members of the original education 
unit, and those other new units shall perform the functions in subsection 4, paragraphs C 
and D with respect to their members, and shall pay the appropriate amounts over to the 
new unit serving as agent. 
Sec. B-13. 20-A MRSA §1512, sub-§6, as enacted by PL 2007, c. 240, Pt. 
XXXX, § 13, is amended to read: 
6. Multiple municipalities. If a school proposed for closure is an elementary f!: 
school that serves students from more than one municipality, the article set forth in 
subsection 1 must be submitted to the voters in each of the municipalities that sent all 
SENATE AMENDMENT 
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SENATE AMENDMENT "G " 
to H.P. 1645, L.D. 2280 
elementary students from that municipality to the school. If the article is approved by a 
majority of the voters in each of the municipalities, the school is not closed and the 
municipalities share in the costs under this section in the same proportion as they share 
the current operating costs of the school. 
Sec. B-14. 20-A MRSA §1701-C, as enacted by PL 2007, c. 240, Pt. XXXX, 
§ 16, is amended to read: 
§1701-C. Mandatory budget validation and cost center summary budget form 
Notwithstanding any other law, community school district budgets developed after 
January 1, 2008 must conform to the format and referendum procedures for regional 
school units as set forth in sections 1701 A and 1701 B 1485 and 1486. A community 
school district is deemed to be a regional school unit solely for the purpose of developing 
a budget pursuant to sections 1485 and 1486. 
Sec. B-15. 20-A MRSA §5203, sub-§4, as enacted by PL 1981, c. 693, §§5 and 
8, is repealed and the following enacted in its place: 
4. Exception; no elementary school. A school administrative unit that neither 
maintains an elementary school nor contracts for elementary school privileges pursuant to 
chapter 115 shall pay the tuition, in accordance with chapter 219, at the public school or 
the approved private school of the parent's choice at which the student is accepted. 
Sec. B-16. 20-A MRSA §5204, sub-§4, as amended by PL 1985, c. 797, §32, is 
further amended to read: 
4. No secondary school. Seesndary students ""lhsse parents reside in a A school 
administrative unit wfti.eh that neither maintains a secondary school nor contracts for 
secondary school privileges may attend a private sehssl aJJpF9ved for tuitisn Pl:lfJlsses, a 
publie sehssl in an adjoining unit '>'/hieh aeeepts tuitisn students, sr a sehssl aJJPf9'/ed for 
tuitioR purposes in aRother state or esuntry upsn permissisn sf sffieials of the reeeiving 
sehosl. The sehosl administrative unit where the students' parents reside shall pay tuition 
in the amount up to the legal tuitisn rate as defined in ehapter 219 pursuant to chapter 115 
shall pay the tuition, in accordance with chapter 219, at the public school or the approved 
private school of the parent's choice at which the student is accepted. 
Sec. B-17. 20-A MRSA §6051, sub-§I, ~C, as enacted by PL 1985, c. 797, §36, 
is amended to read: 
C. 
A determination of whether or not the annual financial repert data submitted to 
the department is correct; 
Sec. B-18. 20-A MRSA §6051, sub-§4, as amended by PL 2005, c. 683, Pt. A, 
§25, is further amended to read: 
4. Initial report to commissioner. On or before Deeember November 1 st, the 
school board shall provide the commissioner with: 
C. 
Written determination of whether or not proper budgetary controls are in place; 
D. 
A written determination of whether or not the annual financial report data 
submitted to the department is correct, including submission of an audited 
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to H.P. 1645, L.D. 2280 
reconciliation of the annual financial repeFt data prepared and certified by the auditor; 
and 
E. 
A written determination as to whether the school administrative unit has 
complied with applicable provisions of the Essential Programs and Services Funding 
Act. 
Sec. B-19. 20-A MRSA §6051, sub-§6, as enacted by PL 2001, c. 344, §9, is 
amended to read: 
6. Report to commissioner. Within 9 § months after the end of the audit period, the 
school board shall provide the commissioner with: 
A. 
A copy of the audit report; 
B. 
Accountability of all revenues and expenditures; 
C. 
Written assurance that the audit has been conducted in accordance with 
applicable state and federal laws relating to financial and compliance audits; and 
D. 
Any other information that the commissioner may require. 
Sec. B-20. 20-A MRSA §15689, sub-§l-B is enacted to read: 
I-B. Adjustments to state contributions to member municipalities in regional 
school units. The minimum state allocation provisions of subsection 1, paragraph Bare 
applicable for each case in which the school administrative units in existence prior to the 
operational date of the new regional school unit received an adjustment under subsection 
1, paragraph B for fiscal year 2007-08 or fiscal year 2008-09. For each regional school 
unit eligible under this subsection, the minimum state allocation provisions of subsection 
1, paragraph B are applicable for each member municipality that was a member of the 
eligible school administrative units in existence prior to the operational date of the new 
regional school unit. 
Sec. B-21. PL 2007, c. 240, Pt. XXXX, §36, sub-§6, ~A-l is enacted to read: 
A-I. Notwithstanding the requirements of paragraph A, the Commissioner of 
Education may authorize a unit to serve 1,200 or fewer students but not less than 
1,000 students in an isolated rural community if the proposed regional school unit 
meets at least one of the following criteria: 
(I) The proposed regional school unit comprises 3 or more school administrative 
units in existence prior to July 1, 2008; 
(2) The member municipalities of the proposed regional school unit are 
surrounded by approved regional school units and there are no other school 
administrative units available to join the proposed regional school unit; or 
(3) The member municipalities of the proposed regional school unit include 2 or 
more isolated small schools that are eligible for an isolated small school 
adjustment pursuant to the Maine Revised Statutes, Title 20-A, section 15683, 
subsection I, paragraph F. 
In cases where the Commissioner of Education denies the creation of a regional 
school unit that serves 1,200 or fewer students but not less than 1,000 students, the 
school administrative units may appeal to the State Board of Education. 
SENATE AMENDMENT 
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SENATE AMENDMENT" ~" to H.P. 1645, L.D. 2280 
Sec. B-22. Retroactivity. Those sections of this Part that amend the Maine 
Revised Statutes, Title 20-A, sections 1305-C and 1701-C apply retroactively to January 
1,2008. 
PARTe 
Sec. C-l. 20-A MRSA §1463, sub-§l, as enacted by PL 2007, c. 240, Pt. 
XXXX, § 13, is amended to read: 
1. Operational date. A regional school unit board of directors becomes operational 
on the date set by the state board as provided in this chapter. In order for a regional 
school unit to have an operational date of July 1 st, a regional school unit must be 
approved at a referendum held on or before November 15th of the preceding year. 
Sec. C-2. 20-A MRSA §1464, sub-§4 is enacted to read: 
4. Application of collective bargaining agreements. On or after the operational 
date of a regional school unit established pursuant to section 1463, subsection 1 but 
before the completion of negotiations for a single regional school unit-wide collective 
bargaining agreement for the regional school unit-wide bargaining unit as described in 
subsection 3, the wages, hours and working conditions of an employee of the regional 
school unit who is in a bargaining unit and who is reassigned to a different position that is 
or, upon the completion of the merger of bargaining units, will be included in the same 
regional school unit-wide bargaining unit are determined by the terms of the existing 
collective bargaining agreement that applies to the position to which the employee is 
reassigned, except as provided in this subsection. 
A. If the application of the existing collective bargaining agreement would cause a 
reduction in the employee's wage or salary rate, the employee's wage or salary rate 
must be maintained at the rate the employee was paid immediately prior to the 
reassignment until the completion of negotiations for a single regional school unit-
wide collective bargaining agreement for the regional school unit-wide bargaining 
unit as described in subsection 3 or the applicable collective bargaining agreement or 
any interim successor agreement requires a higher wage or salary rate for the 
employee, whichever occurs sooner. 
B. If the application of the existing collective bargaining agreement would cause a 
reduction in the amount that is paid by the regional school unit for premiums for 
health insurance for the employee and the employee's dependents, the regional school 
unit's payment must be maintained at the amount that was paid immediately prior to 
the reassignment until the completion of negotiations for a single regional school 
unit-wide collective bargaining agreement for the regional school unit-wide 
bargaining unit as described in subsection 3 or the applicable collective bargaining 
agreement or any interim successor agreement requires a higher payment, whichever 
occurs sooner. 
Co 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 
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SENATE AMENDMENT"~ " to H.P. 1645, L.D. 2280 
the completion of negotiations for a single regional school unit-wide collective 
bargaining agreement for the regional school unit-wide bargaining unit as described 
in subsection 3. 
Sec. C-3. 20-A MRSA §1479, sub-§3, ~, as enacted by PL 2007, c. 240, Pt. 
XXXX, § 13, is amended to read: 
B. The regional school unit may negotiate the a new contract pursuant to chapter 
115. 
Sec. C-4. 20-A MRSA §1479, sub-§4, as enacted by PL 2007, c. 240, Pt. 
XXXX, § 13, is amended to read: 
4. AbseDce of contract; maintenance of school choice opportunities. A smdent 
who resides in a sehool administrative l:1nit that does not maintain that smdent's grade 
from kindergarten to grade 12, and that does not enter into a eontraet for the edl:1eation of 
its smdents p1:lrsl:1ant to this ehapter, has the option of attending a pl:1blie sehool in another 
sehool administrative l:1nit or private sehool approved for mition pl:1rposes sl:1bjeet to the 
pro'/isions of ehapter 219 if that option ',yas available from the previol:1s sehool l:1nit for 
the area in whieh that smdent 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 
pumoses of the parent's choice at which the student is accepted, calculated in accordance 
with subsection 5. 
Sec. C-S. 20-A MRSA §1479, sub-§5, as enacted by PL 2007, c. 240, Pt. 
XXXX, § 13, is amended to read: 
5. Additional expense. If, pl:1rsl:1ant to sl:1bseotien 4, a smdent attends a pl:1blie 
sehool in another sohool administrative l:1nit or private sehool appro't'ed for mition 
pl:lrposes sl:1bjeet to the pro'lisions of ehapter 219, and the nl:1mber of seoondary sohool 
smdents from one or more ml:1nieipalities in a regional soheol l:1nit that attend a pl:1blie 
sehool in a different sohool administrative l:1nit or an approved private sehool is less than 
all the seoondary sehool smdents in the regional sehool unit, the sending ml:1nioipality of 
the regional sehool l:1nit is responsible for the additional e*pense oalel:1lated l:1nder this 
sl:1bseetion. 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 nl:1mber of seoondary sohool smdents from that regional 
sehool unit ml:1ltipJied by the amOl:1nt that the reoeiving regional sehool l:1nit's mition 
rate pl:1rsuant to seetion 5805 difference in tuition in cases when it exceeds the 
amount of the sending regional school unit's tuition rate pl:1rsl:1ant to calculated in 
accordance with section 5805. 
B. For each secondary school student who attends a private school approved for 
tuition purposes subject to the provisions of chapter 219, the sending municipality in 
~ regional school unit is responsible for an amount equal to the nl:1mber of seeondary 
SENATE AMENDMENT 
, 
SENATE AMENDMENT" ( .. to H.P. 1645, L.D. 2280 
sehool smdeats from the regioaal sehool uRit atteRdiag the private sehool multiplied 
by the ameliat that the pri'late sehool's mitioa rate plirsuant to seetioR 580(;, or the 
mitioa rate per the eORtraet, if less, the difference in tuition in cases when it exceeds 
the amount of the seRdiRg regional school unit's tuition rate pursuaat 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 ma~,. Rot 
be iaellided ia the regioRal sehool liRit budget 'Rhea determiRing eaeh member 
ffiliaieipality's leeal eontribHtioR calculated in accordance with this subsection. 
Aa~' additioaal e*peRse must be paid b~' the respoasible mliaieipality ia eqlial moathly 
amelists lialess the regional seheol URit aad the member mliaieipality agree to aaother 
paymeat sehedlile. 
Sec. C-6. 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 +Gth 14th calendar day, other thaa Samrda;', Sliaday or a legal 
holida;', 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 aRd above the regioRal seheol liait's loeal 
eoatriblitioa to the tetal eost of fuadiRg pubHe edlieatioa from kiRdergartea to grade 12 as 
deseribed ia the Essestial Programs aad Serviees FliRdiag Aet that exceed the maximum 
state and local spending target pursuant to section 15671-A. subsection 5. 
Sec. C-7. 20-A MRSA §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 warrast for a regioRal seheolliRit budget meetiRg to be follewed by a blidget 
validatioa refereRdliffi ma;' be a eoasolidated 'Rarraat eOYeriRg both. 
C. The warrant and absentee ballots must be delivered to the municipal clerk at-least 
days before no later than the day after the date of the regional school unit budget 
meeting. 
SENATE AMENDMENT 
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. 
SENATE AMENDMENT " ~ 
.. to H.P. 1645, L.D. 2280 
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 sehool budget does not e*eeed the maximum state and loeal s",ending target 
",ursuant to seetion 15671 A, subseetion 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 sehool bedget e*eeeds the maxim em state and loeal s",ending target 
",erseant to seetion 15671 /' .. , subseetion 5, the artiele to be voted on for a budget that 
ineludes 
loeal~' raised funds over and aao't'e the regional sehool unit's loeal 
eontribution to the total eost of funding ",ublie edeeation from ltindergarten to grade 
as deseribed in the Bssential Programs and Serviees Fending Aet must be in the 
following form: 
(1) "Do you favor a",,,,ro"ling the (name of regional sehool enit) budget for the 
u",eoming sehool year that vras adopted at the latest regional sehool unit eudget 
meeting and that ineludes loeal~' raised funds that e*eeed the reql:lired loeal 
eontribution as deseribed in the Bssential Programs and Serviees Funding Aet? 
Yes}lo 
A YBS vote allows additional funds to be raised for K 12 ",uelie edueation. 
A NO vote means additional funds eannot be raised for K 12 pub lie edueation. " 
Sec. C-8. 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 sHbmitted b;)' tRe regional seRool Hnit board approved at a 
regional school unit budget meeting and submitted to the voters for validation at a 
referendum in accordance with section 1486 is automatically considered the budget for 
operational expenses for the ensuing year until a final budget is approved, except that, 
when the regional school unit board delays the regional school unit budget meeting, the 
operating budget must be approved within 30 days of the date the commissioner notifies 
the regional school unit board of the amount allocated to the regional school unit under 
section 15689-B, or the latest budget submitted by the regional school unit board 
becomes the operating budget for the next school year until a budget is approved at a 
regional school unit budget meeting and validated at a referendum. If the budget of a 
regional school unit is not approved and validated before July 1 st and the officers of any 
affected municipality determine that the property taxes must be committed in a timely 
SENATE AMENDMENT 
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SENATE AMENDMENT" 1:;:." to H.P. 1645, L.D. 2280 
manner to the collector pursuant to Title 36, section 709, the municipal assessor or 
assessors may commit the property taxes on the basis of the latest budget approved at a 
regional school unit budget meeting and submitted to the voters for validation at a 
referendum in accordance with section 1486. 
Sec. C-9. 20-A MRSA §1506, sub-§l, ~A, as enacted by PL 2007, c. 240, Pt. 
XXXX, § 13, is amended to read: 
A. "Existing debt" means any bond, note, loan agreement, lease-purchase agreement 
or other debt instrument issued prior to July 1, 2008 for the purposes of funding 
public schools and career and technical education regions, or for refinancing such 
debt, that remains outstanding at the time of a reorganization pursuant to this chapter. 
"Existing debt" does not include routine payables or commercial contract obligations. 
Sec. C-IO. 20-A MRSA §1506, sub-§l, ,n, 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; Sf 
(2) A municipality that has existing debt incurred on behalf of a previous 
education unih;..Q! 
(3) A previous education unit within a career and technical education region as 
defined by section 8301-A that has existing debt. 
Sec. C-ll. 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 }~o'lember 5, 2008 November 15,2008. 
Sec. C-12. PL 2007, c. 240, Pt. XXXX, §43, sub-§3 is amended to read: 
3. 
Transfer of governing authority; regional school units approved after 
January 15, 2008. 
This subsection applies to regional school units approved after 
January 15,2008 and before NO'/ember 5,2008 November 15,2008. The regional school 
unit board of directors, on the date established in subsection 1, shall assume responsibility 
for the management and control of the public schools and programs within the school 
administrative units in existence prior to July 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. C-13. PL 2007, c. 240, Pt. XXXX, §43, sub-§5 is amended to read: 
5. Transfer of teachers and employees. Except as limited by paragraph A, for 
regional school units approved prior to January 16, 2008, all teachers and school 
employees who are employed by a participating school administrative unit on June 30, 
2008 must be transferred to and employed by the regional school unit as of July 1,2008. 
Except as limited by paragraph A, for regional school units approved after January 15, 
SENATE AMENDMENT 
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SENATE AMENDMENT" f! " to H.P. 1645, L.n. 2280 
2008 and before NO'r'emaer 5, 2008 November 15, 2008, 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'lemaeF 5, 2008 November 15, 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, 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. C-14. PL 2007, c. 240, Pte 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 
NO'r'emaeF 5, 2008 November 15, 2008, the regional school unit board of directors 
shall assume all of the obligations, duties, liabilities and rights of the participating 
school administrative units for all purposes under Title 26, chapter 9-A. The regional 
school unit is considered a single employer. Notwithstanding any other provision of 
law, the responsibilities of the regional school unit include: 
(1) 
Continued recognition of all bargaining agents that represented any 
bargaining units of employees who were employed by a participating school 
administrative unit, pending completion of merger proceedings described in this 
section; 
(2) 
Assumption and continued observance of all collective bargaining 
agreements between such bargaining agents and a participating school 
administrative unit, which agreements continue in effect for the remainder of 
their unexpired term unless the bargaining agent and regional school unit 
mutually agree otherwise; and 
(3) 
Collective bargaining for an initial or successor collective bargaining 
agreement in any bargaining unit in which a collective bargaining agreement is 
not in effect on the operational date and for any interim agreement that may be 
required to align expiration dates in a regional school unit-wide bargaining unit, 
as described in this subsection. 
Page Sl-123LR3490(05)-1 
SENATE AMENDMENT 
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~' 
SENATE AMENDMENT " ~ 
" to H.P. 1645, L.D. 2280 
Sec. C-1S. PL 2007, c. 240, Pt. XXXX, §43, sub-§6, ~ 
is amended to read: 
B. As early as possible but no later than August 31, 2011 for regional school units 
approved prior to January 15, 2008 and no later than August 31, 2012 for regional 
school units approved after January 15, 2008 and before No¥ember 2, 2008 
November 15, 2008, all bargaining units must be structured on a regional school unit-
wide basis. Bargaining units that existed in the participating school administrative 
units shall merge in accordance with the procedures and criteria in this section. 
Merger into regional school unit-wide bargaining units is not subject to approval or 
disapproval of employees. 
(1) Merger into regional school unit-wide bargaining units must be completed 
according to the schedule contained in this subsection, and no later than the latest 
expiration date of any collective bargaining agreement that was in effect on the 
operational date, which covered any employees in the merged unit. 
(2) There must be one unit of teachers and, to the extent they are currently 
included in bargaining units, other certified professional employees, excluding 
principals and other administrators. 
(3) Any additional bargaining units in a regional school unit must be structured 
as follows: 
(a) 
In the initial establishment of such units, units must be structured 
primarily on the basis of the existing pattern of organization, maintaining the 
grouping of employee classifications into bargaining units that existed prior 
to the creation of the regional school unit and avoiding conflicts among 
different bargaining agents to the extent possible. 
(b) In the event of a dispute regarding the classifications to be included 
within a regional school unit-wide bargaining unit, the current bargaining 
agent or agents or the regional school unit may petition the Maine Labor 
Relations Board to determine the appropriate unit in accordance with this 
section and Title 26, section 966, subsections 1 and 2. 
(4) When there is the same bargaining agent in all bargaining units that will be 
merged into a regional school unit-wide bargaining unit, the units must be 
merged as of the operational date, and the regional school unit shall recognize the 
bargaining agent as the representative of the merged unit. 
(5) When all bargaining units that will be merged into a regional school unit-
wide bargaining unit are represented by separate local affiliates of the same state 
labor organization, the units must be merged as of the operational date. The 
identity of the single affiliate that will be designated the bargaining agent for the 
merged unit must be selected by the existing bargaining agents and the state labor 
organization. Upon completion of the merger and designation of the bargaining 
agent and notification by the state organization to the regional school unit, the 
regional school unit shall recognize the designated bargaining agent as the 
representative of employees in the merged unit. If necessary, the parties will then 
execute a written amendment to any collective bargaining agreement then In 
effect to change the name of the bargaining agent to reflect the merger. 
SENATE AMENDMENT 
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SENATE AMENDMENT" ~"to H.P. 1645, L.D. 2280 
(6) Where there are bargaining units that will be merged into a regional school 
, unit-wide bargaining unit in which there are employees who are not represented 
by any bargaining agent and other employees who are represented either by the 
same bargaining agent or separate local affiliates of the same state labor 
organization, the units must be merged as of the operational date as long as a 
majority of employees who compose the merged unit were represented by the 
bargaining agent prior to the merger. The procedures for merger of separate local 
affiliates of the same state labor organization described in subparagraph (5) must 
be followed if applicable. 
If prior to the merger a bargaining agent did not 
represent a majority of employees who compose the merged unit, a bargaining 
agent election must be conducted by the Maine Labor Relations Board pursuant 
to subparagraph (8). 
(7) When there are unexpired collective bargaining agreements with different 
expiration dates in the merged bargaining units described in subparagraphs (4), 
(5) and (6), all contracts must be honored to their expiration dates unless 
mutually agreed to otherwise by the public employer and the bargaining agent. 
Collective bargaining agreements must be bargained on an interim basis in any 
merged bargaining unit so that all collective bargaining agreements expire on the 
same date. 
(8) When bargaining units with different bargaining agents must be merged into 
a single regional school unit-wide bargaining unit pursuant to this subsection, the 
bargaining agent of the merged bargaining unit must be selected in accordance 
with Title 26, section 967, except as modified in this subparagraph. 
(a) A petition for an election to determine the bargaining agent must be filed 
with the Maine Labor Relations Board by any of the current bargaining 
agents or the regional school unit. 
(b) The petition must be filed not more than 90 days prior to the expiration 
date of the agreement having the latest expiration date among the bargaining 
units that will be merged into the regional school unit-wide bargaining unit. 
(c) The election ballot may contain only the names of the bargaining agents 
of bargaining units that will be merged into the regional school unit-wide 
bargaining unit and the choice of "no representative," but no other choices. 
No showing of interest is required from any such bargaining agent other than 
its current status as representative. 
(d) The obligation to bargain with existing bargaining agents continues from 
the operational date until the determination of the bargaining agent of the 
regional school unit-wide bargaining unit under this subsection; but in no 
event may any collective bargaining agreement that is executed after the 
operational date extend beyond the expiration date of the agreement having 
the latest expiration date among the bargaining units that will be merged into 
the regional school unit-wide bargaining unit that was in effect on the 
operational date. 
(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. 
SENATE AMENDMENT 
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SENA TE AMENDMENT" f" to H.P. 1645, L.D. 2280 
(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. 
PARTD 
Sec. D-l. 20-A MRSA c. l03-A, sub-c. 7 is enacted to read: 
SUBCHAPTER 7 
REORGANIZATION OF REGIONAL SCHOOL UNITS 
§1516. Dissolution of a district 
1. Ten percent petition. Upon receipt of a petition that seeks to dissolve a regional 
school unit and establishes a maximum figure for the cost of preparing a dissolution 
agreement signed by 10% of the number of voters in a municipality who voted at the last 
gubernatorial election, the municipal officers of the municipality within the regional 
school unit shall call and hold a special election, in the manner provided for the calling 
and holding of town meetings or city elections, to vote on the dissolution of the regional 
school unit. 
A. 
At least 10 days before the election, a posted or otherwise advertised public 
hearing on the petition must be held by the municipal officers. 
B. The petition must be approved by secret ballot by a 2/3 vote of the voters present 
and voting before it may be presented to the board of directors and the commissioner. 
Voting in towns must be conducted in accordance with Title 30-A, sections 2528 and 
2529, even if the towns have not accepted the provisions of Title 30-A, section 2528, 
and voting in cities must be conducted in accordance with Title 21-A. 
2. Form. The article to be voted upon must be in substantially the following form: 
"Article: Do you favor filing a petition for dissolution with the directors of regional 
school unit (name of regional school unit) and with the Commissioner of Education, 
authorizing the dissolution committee to expend $ (insert amount) and authorizing the 
(municipal officers; i.e., selectmen, town council, etc.) to issue notes in the name of 
the (name of the municipality) or otherwise pledge the credit of the (name of the 
municipality) in an amount not to exceed $ (insert amount) for this purpose? 
Yes No" 
3. Notice of vote; finding by commissioner. If residents of a municipality within 
the regional school unit vote favorably on a petition for dissolution, the clerk shall 
immediately give written notices, by registered mail, to the secretary of the regional 
school unit and the commissioner that must include: 
A. The petition adopted by the voters, including the positive and negative votes cast; 
and 
SENATE AMENDMENT 
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SENATE AMENDMENT" f" to H.P. 1645, L.n. 2280 
B. An explanation by the municipal officers, stating to the best of their knowledge 
the reason or reasons why the municipality seeks to dissolve the regional school unit. 
4. Agreement for dissolution; notice; changes in agreement; final agreement. 
The agreement for dissolution must comply with the following. 
A. The commissioner, after consultation with the regional school unit board of 
directors, municipal officers of each municipality within the regional school unit and 
representatives of the group that filed the petition with the municipality, shall direct 
the municipal officers of each municipality to select representatives to a committee as 
follows: one member from the municipal officers, the group filing the petition; and 
one member from the general public; and one member from the group filing the 
petition if the group is represented in the municipality, otherwise an additional one 
member of the general public. The commissioner shall also direct the directors 
representing each municipality to select one member of the board of directors who 
represents that municipality to serve on the committee. The municipal officer and the 
member of the board of directors shall serve on the committee only so long as they 
hold their respective offices. Vacancies must be filled by the municipal officers and 
board of directors. The chair of the board of directors shall call a meeting of the 
committee within 30 days of the filing of the notice of the vote in subsection 3. The 
chair of the board of directors shall open the meeting by presiding over the election of 
a chair of the committee. The responsibility for the preparation of the agreement rests 
with the committee, subject to the approval of the commissioner. The committee may 
draw upon the resources of the department for information not readily available at the 
local level and employ competent advisors within the fiscal limit authorized by the 
voters. The agreement must be submitted to the commissioner within 90 days after 
the committee is formed. Extensions of time may be granted by the commissioner 
upon the reguest of the committee. 
(1) The agreement must contain provisions to provide educational services for all 
students in the regional school unit. The agreement must provide that during the 
first year following the dissolution, students may attend the school they would 
have attended if the regional school unit had not dissolved. The allowable tuition 
rate for students sent from one municipality to another in the former regional 
school unit must be determined under section 5805, subsection 1, except that it is 
not subject to the state per pupil average limitation in section 5805, subsection 2. 
(2) The agreement must establish the dissolution to take effect at the end of the 
regional school unit's fiscal year. 
(3) 
The agreement must establish that the dissolution will not cause a need 
within 5 years from the effective date of dissolution for school construction 
projects that would be eligible for state funds. This limitation does not apply 
when a need for school construction existed prior to the effective date of the 
dissolution or when a need for school construction would have arisen even if the 
regional school unit had not dissolved. 
(4) The agreement must establish how transportation services will be provided. 
SENATE AMENDMENT 
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SENATE AMENDMENT ,,~ " to H.P. 1645, L.D. 2280 
(5) The agreement must provide for administration of the new administrative 
units, which should not include the creation of new supervisory units if at all 
possible. 
(6) 
The agreement must make provlSlon for the distribution of financial 
commitments arising from outstanding bonds, notes and any other contractual 
obligations that extend beyond the proposed date of dissolution. 
(7) The agreement must make appropriate provision for the distribution of any 
outstanding financial commitments to the superintendent of the regional school 
unit. 
(8) 
The agreement must provide for the continuation and assignment of 
collective bargaining agreements as they apply to the new or reorganized regional 
school unit for the duration of those agreements and must provide for the 
continuation of representational rights. 
(9) The agreement must provide for the continuation of continuing contract 
rights under section 13201. 
(10) The agreement must provide for the disposition of all real and personal 
property and other monetary assets. 
(11) 
The agreement must provide for the transition of administration and 
governance of the schools to properly elected governing bodies of the newly 
created administrative units and must provide that the governing bodies may not 
be elected simultaneously with the vote on the article to dissolve unless the 
commissioner finds there are extenuating circumstances that necessitate 
simultaneous elections. 
B. Within 60 days of the receipt of the agreement, the commissioner shall either give 
it conditional approval or recommend changes. The changes must be based upon the 
standards set forth in paragraph A and the commissioner's findings of whether the 
contents of the plan will provide for appropriate educational and related services to 
the students of the regional school unit and for the orderly transition of assets, 
governance and other matters related to the regional school unit. 
e. 
If the commissioner gives conditional approval of the agreement, the 
commissioner shall notify the board of directors and the municipal officers by 
registered mail of the time and place of a public hearing at least 20 days prior to the 
date set for the hearing to discuss the merits ofthe proposed agreement of dissolution. 
The chair of the board of directors shall conduct the hearing. 
(I) The board of directors shall post a public notice in each municipality of the 
time and location of the hearing at least 10 days before the hearing. 
(2) Within 30 days following the hearing, the committee shall forward the final 
agreement to the commissioner. 
D. If the commissioner recommends changes, the commissioner shall: 
(I) Send the agreement back to the committee for necessary corrections; 
SENATE AMENDMENT 
~;,t'( 
SENATE AMENDMENT" f:. " to H.P. 1645, L.D. 2280 
(2) Establish a maximum time within which to make the corrections; and 
(3) Indicate that the corrected agreement must be returned to the commissioner 
for conditional approval before it goes to public hearing as set forth in paragraph 
c. 
5. Date of vote; notice; warrant; polling hours. The date and time for voting is as 
set forth in this subsection. 
A. The commissioner must determine the date upon which all municipalities must 
vote upon the dissolution agreement submitted to them. The election must be held as 
soon as practicable and the commissioner shall attempt to set the date of the vote to 
coincide with a statewide election. 
B. At least 35 days before the date set in paragraph A, the board of directors shall 
give written notice by registered or certified mail to the town or city clerk of each 
municipality having a right to vote on the dissolution agreement. 
C. 
The town or city clerk shall immediately notify the municipal officers upon 
receipt of the notice, and the municipal officers shall meet and immediately issue a 
warrant for a special town meeting or city election, as the case may be, to be held on 
the date designated by the commissioner. No other date may be used. 
D. In the respective warrants, the municipal officers shall direct that the polls open at 
a.m. and remain open until 8 p.m. 
6. Public hearing; voting procedures. The following requirements apply to the 
voting procedures. 
A. At least 10 days before the election, the municipal officers shall hold a posted or 
otherwise advertised public hearing on the dissolution question. 
S. Except as otherwise provided in this section, the voting at the meetings held in 
towns must be conducted in accordance with Title 30-A, sections 2528 and 2529, 
even if the towns have not accepted the provisions of Title 30-A. section 2528. 
C. The voting at the meeting held in cities must be conducted in accordance with 
Title 21-A. 
7. Article. The article to be voted on must be in the following form. 
"Article: Do you favor the dissolution of regional school unit (name of regional 
school unit) subject to the terms and conditions of the dissolution agreement dated 
(insert date)? 
Yes No" 
8. Ballots; posting of agreement. The dissolution agreement need not be printed on 
the ballot. Copies of the agreement must be posted in each participating municipality in 
the same manner as specimen ballots are posted under Title 30-A, section 2528. 
9. Restriction on dissolution petitions. A municipality within a regional school 
unit may not petition for dissolution within 2 years after the date of: 
A. A municipal vote on a petition for dissolution if the petition received less than 
60% of the votes cast; or 
SENATE AMENDMENT 
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SENATE AMENDMENT" t:. " to H.P. 1645, L.D. 2280 
B. A regional school unit vote on a dissolution agreement if the agreement received 
less than 45% of the votes cast. 
10. Costs of dissolution agreements. If the regional school unit votes to permit 
dissolution, then the regional school unit shall reimburse the petitioning municipality for 
the authorized expenses incurred by the dissolution committee. If the regional school unit 
votes not to permit dissolution, then the regional school unit will not be required to 
reimburse the petitioning municipality for those expenses. 
11. Determination of vote. The town and city clerks shall, within 24 hours of 
determination of the result of the vote in their respective municipalities, certify the total 
number of votes cast in the affirmative and the total number of votes cast in the negative 
on the article to the board of directors. 
12. 
Determination of results; notification of commissioner; execution of 
agreement. Determination of results must comply with the following. 
A. Upon receipt of the results of the voting from all municipalities, the board of 
directors shall meet and shall compute and record the total number of votes cast in the 
municipalities in the affirmative and in the negative on the article. 
B. The board of directors shall notify the commissioner by registered mail or by 
hand delivery ofthe results of the vote. 
C. If the commissioner finds that a majority of the voters voting on the article have 
voted in the affirmative, the commissioner shall notify the directors of the regional 
school unit to take steps to dissolve the regional school unit in accordance with the 
terms of the agreement for dissolution. 
13. Recount; checklists and ballots; disputed ballots. The following provisions 
apply to recounts, checklists, ballots and disputed ballots. 
A. If, within 7 days of the computation and recording of the results of the voting 
from all municipalities, the municipal officers of any participating municipality 
request to the commissioner in writing a recount of the votes in the regional school 
unit, the commissioner shall immediately cause the checklists and all the ballots cast 
in all of the participating municipalities to be collected and kept at the commissioner's 
office so they may be recounted by interested municipalities. 
B. The town clerks of the participating municipalities are authorized to deliver the 
checklists and ballots to the commissioner, notwithstanding any other provision of 
law to the contrary. 
C. The commissioner shall resolve any question with regard to disputed ballots. 
14. Execution of agreement; certified record; certificate of withdrawal. When 
the agreement for dissolution has been put into effect by the directors of the regional 
school unit, the directors shall notify the commissioner by certified mail that the 
agreement of dissolution has been executed. 
A. A complete certified record of the transaction involved in the dissolution must be 
filed with the commissioner. 
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SENATE AMENDMENT "t." to H.P. 1645, L.D. 2280 
B. The commissioner shall immediately issue a certificate of dissolution to be sent 
by certified mail for filing with the directors of the regional school unit and shall file 
a copy in the office of the Secretary of State. 
15. 
Indebtedness; indebtedness defined; indebtedness after dissolution. The 
following provisions apply to outstanding indebtedness. 
A. Whenever a regional school unit having outstanding indebtedness dissolves, the 
regional school unit remains intact for the purpose of securing and retiring the 
indebtedness. The dissolution agreement may provide for alternate means for retiring 
outstanding indebtedness. 
B. For the purposes of this subsection, "outstanding indebtedness" means bonds or 
notes for school construction projects issued by the board of directors pursuant to the 
authorization established under chapter 609 or Title 20, sections 3457 to 3460 or 
obligations to the Maine School Building Authority pursuant to any contract, lease or 
agreement made by the board of directors pursuant to approval thereof in a meeting 
of the regional school unit, but does not include any indebtedness of any municipality 
assumed by the regional school unit at the time of formation nor any contract, lease 
or agreement of the Maine School Building Authority to which by operation of law 
the regional school unit has become the assignee. 
16. 
General purpose aid. When a regional school unit dissolves, the general 
purpose aid for the individual municipalities must be computed in accordance with 
chapter 606-B. 
17. 
Committee recall. 
If the commissioner determines that the dissolution 
committee has failed to comply with the requirements of this section, the commissioner 
may authorize the municipal officers and the board of directors of the regional school unit 
to recall their representatives and to appoint new representatives to the committee. 
§1517. Withdrawal ofa single municipality from a regional school unit 
1. Petition. The residents of a municipality within a regional school unit may 
petition to withdraw from the regional school unit as follows. 
A. Ten percent of the number of voters in the municipality who voted at the last 
gubernatorial election must sign the petition to withdraw from the regional school 
unit. 
B. At least 10 days before the special election called pursuant to this paragraph, the 
municipal officers of the municipality within the regional school unit shall hold a 
posted or otherwise advertised public hearing on the petition and shall call and hold 
the special election, in the manner provided for the calling and holding of town 
meetings or city elections to vote on the withdrawal of the regional school unit. 
e. The petition to withdraw from the regional school unit must be approved by secret 
ballot by a majority vote of the voters present and voting before it may be presented 
to the board of directors and the commissioner. Voting in towns must be conducted in 
accordance with Title 30-A, sections 2528 and 2529, even if the towns have not 
accepted the provisions of Title 30-A. section 2528, and voting in cities must be 
conducted in accordance with Title 21-A. 
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2. Form. The article to be voted upon must be in substantially the following form: 
"Article: Do you favor filing a petition for withdrawal with the directors of regional 
school unit (name of regional school unit) and with the Commissioner of Education, 
authorizing the withdrawal committee to expend $ (insert amount) and authorizing 
the (municipal officers; i.e., selectmen, town council, etc.) to issue notes in the name 
of the (name of the municipality) or otherwise pledge the credit of the (name of the 
municipality) in an amount not to exceed $ (insert amount) for this purpose? 
Yes No" 
3. Notice of vote; finding by commissioner. If residents of the municipality vote 
favorably on a petition for withdrawal, the clerk shall immediately give written notices, 
by registered mail, to the secretary of the regional school unit and the commissioner that 
must include: 
A. The petition adopted by the voters, including the positive and negative votes cast; 
and 
B. An explanation by the municipal officers, stating to the best of their knowledge 
the reason or reasons why the municipality seeks to withdraw from the regional 
school unit. 
4. Agreement for withdrawal; notice; changes in agreement; final agreement. 
The agreement for withdrawal must comply with the following. 
A. 
The commissioner shall direct the municipal officers of the petitioning 
municipality to select representatives to a committee as follows: one member from 
the municipal officers, the group filing the petition; and one member from the general 
public; and one member from the group filing the petition if the group is represented 
in the municipality, otherwise an additional one member of the general public. The 
commissioner shall also direct the directors representing the petitioning municipality 
to select one member of the board of directors who represents that municipality to 
serve on the committee. The municipal officer and the member of the board of 
directors serve on the committee only so long as they hold their respective offices. 
Vacancies must be filled by the municipal officers and board of directors. The chair 
of the board of directors shall call a meeting of the committee within 30 days of the 
filing of the notice of the vote in subsection 3. The chair of the board of directors 
shall open the meeting by presiding over the election of a chair of the committee. The 
responsibility for the preparation of the agreement rests with the committee, subject 
to the approval of the commissioner. The committee may draw upon the resources of 
the department for information not readily available at the local level and employ 
competent advisors within the fiscal limit authorized by the voters. The agreement 
must be submitted to the commissioner within 90 days after the committee is formed. 
Extensions of time may be granted by the commissioner upon the request of the 
committee. 
(1) The agreement must contain provisions to provide educational services for all 
students in the regional school unit. The agreement must provide that during the 
first year following the withdrawal, students may attend the school they would 
have attended if the petitioning municipality had not withdrawn. The allowable 
tuition rate for students sent from one municipality to another in the former 
SENATE AMENDMENT 
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to H.P. 1645, L.D. 2280 
regional school unit must be determined under section 5805. subsection 1, except 
that it is not subject to the state per pupil average limitation in section 5805, 
subsection 2. 
(2) The agreement must establish the withdrawal to take effect at the end of the 
regional school unit's fiscal year. 
(3) The agreement must establish that the withdrawal will not cause a need 
within 5 years from the effective date of withdrawal for school construction 
projects that would be eligible for state funds. This limitation does not apply 
when a need for school construction existed prior to the effective date of the 
withdrawal or when a need for school construction would have arisen even if the 
municipality had not withdrawn. 
(4) The agreement must establish how transportation services will be provided. 
(5) 
The agreement must provide for administration of the new municipal 
administrative unit, which should not include the creation of new supervisory 
units if at all possible. 
(6) 
The agreement must make prOViSIOn for the distribution of financial 
commitments arising from outstanding bonds, notes and any other contractual 
obligations that extend beyond the proposed date of withdrawal. 
(7) The agreement must make appropriate provision for the distribution of any 
outstanding financial commitments to the superintendent of the regional school 
unit. 
(8) 
The agreement must provide for the continuation and assignment of 
collective bargaining agreements as they apply to the new or reorganized regional 
school unit for the duration of those agreements and must provide for the 
continuation of representational rights. 
(9) The agreement must provide for the continuation of continuing contract 
rights under section 13201. 
(10) The agreement must provide for the disposition of all real and personal 
property and other monetary assets. 
(11) 
The agreement must provide for the transition of administration and 
governance of the schools to properly elected governing bodies of the newly 
created municipal administrative unit and must provide that the governing body 
may not be elected simultaneously with the vote on the article to withdraw unless 
the commissioner finds there are extenuating circumstances that necessitate 
simultaneous elections. 
B. Within 60 days of the receipt of the agreement, the commissioner shall either give 
it conditional approval or recommend changes. The changes must be based upon the 
standards set forth in paragraph A and the commissioner's findings of whether the 
contents of the plan will provide for appropriate educational and related services to 
the students of the municipality and the regional school unit and for the orderly 
SENATE AMENDMENT 
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SENATE AMENDMENT" t:" to H.P. 1645, L.D. 2280 
transition of assets, governance and other matters related to the municipality and the 
regional school unit. 
e. 
If the commissioner gives conditional approval of the agreement, the 
commissioner shall notify the board of directors and the municipal officers by 
registered mail of the time and place of a public hearing at least 20 days prior to the 
date set for the hearing to discuss the merits of the proposed agreement of 
withdrawal. The chair of the board of directors shall conduct the hearing. 
(1) The board of directors shall post a public notice in each municipality of the 
time and location of the hearing at least 10 days before the hearing. 
(2) Within 30 days following the hearing, the committee shall forward the final 
agreement to the commissioner. 
D. If the commissioner recommends changes, the commissioner shall: 
(1) Send the agreement back to the committee for necessary corrections; 
(2) Establish a maximum time within which to make the corrections; and 
(3) Indicate that the corrected agreement must be returned to the commissioner 
for conditional approval before it goes to public hearing as set forth in paragraph 
C. 
5. Date of municipal election; notice; warrant; polling bours. The date and time 
for voting is as set forth in this subsection. 
A. 
The commissioner shall determine the date upon which the petitioning 
municipality must vote upon the agreement submitted to them. The election must be 
held as soon as practicable and the commissioner shall attempt to set the date of the 
vote to coincide with a statewide election. 
B. At least 35 days before the date set in paragraph A, the commissioner shall give 
written notice by registered or certified mail to the town or city clerk of the 
municipality petitioning to withdraw. 
C. The town or city clerk shall immediately notify the municipal officers upon 
receipt of the notice, and the municipal officers shall meet and immediately issue a 
warrant for a special town meeting or city election, as the case may be, to be held on 
the date designated by the commissioner. No other date may be used. 
D. In the respective warrants, the municipal officers shall direct that the polls open at 
a.m. and remain open until 8 p.m. 
6. Public bearing; voting procedures. The following requirements apply to the 
voting procedures. 
A. At least 10 days before the election, the municipal officers shall hold a posted or 
otherwise advertised public hearing on the withdrawal question. 
B. Except as otherwise provided in this section, the voting at the meetings held in 
towns must be conducted in accordance with Title 30-A, sections 2528 and 2529, 
even if the towns have not accepted the provisions of Title 30-A, section 2528. 
SENATE AMENDMENT 
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SENATE AMENDMENT" £" to H.P. 1645, L.D. 2280 
C. The voting at the meeting held in cities must be conducted in accordance with 
Title 21-A. 
7. Article. The article to be voted on must be in the following form. 
"Article: Do you favor the withdrawal of the (name of municipality) from the 
regional school unit (name of regional school unit) subject to the terms and 
conditions of the withdrawal agreement dated (insert date)? 
Yes No" 
8. Ballots; posting of agreement. The withdrawal agreement need not be printed on 
the ballot. Copies of the agreement must be posted in the municipality in the same 
manner as specimen ballots are posted under Title 30-A. section 2528. 
9. Restriction on withdrawal petitions. A municipality within a regional school 
unit may not petition for withdrawal within 2 years after the date of: 
A. A municipal vote on a petition for withdrawal if the petition received less than 
45% of the votes cast; or 
B. A municipal vote on a withdrawal agreement if the agreement received less than 
60% of the votes cast. 
10. 
Cost of advisors. 
The expense of employing competent advisors by the 
municipality petitioning to withdraw must be borne by the municipality and the expense 
of employing competent advisors by the regional school unit must be borne by the 
regional school unit with the municipality bearing its share according to the regional 
school unit's cost-sharing agreement. 
11. Determination of vote. The town and city clerks shall, within 24 hours of 
determination of the result of the vote in the municipality, certify the total number of 
votes cast in the affirmative and the total number of votes cast in the negative on the 
article to the commissioner. 
12. Determination of results; execution of agreement. If the commissioner finds 
that a majority of the voters voting on the article have voted in the affirmative, the 
commissioner shall notify the municipal officers and the directors of the regional school 
unit to take steps for the withdrawal in accordance with the terms of the agreement for 
withdrawal. 
13. Recount; checklists and ballots; disputed ballots. The following provisions 
apply to recounts, checklists, ballots and disputed ballots. 
A. If, within 7 days of the computation and recording of the results of the voting, the 
municipality requests to the commissioner in writing a recount of the votes, the 
commissioner shall immediately cause the checklists and all the ballots cast in the 
municipality to be collected and kept at the commissioner's office so they may be 
recounted by the municipality. 
B. The town or city clerk of the municipality is authorized to deliver the checklists 
and ballots to the commissioner, notwithstanding any other provision of law to the 
contrary. 
C. The commissioner shall resolve any question with regard to disputed ballots. 
SENATE AMENDMENT 
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SENATE AMENDMENT" G " to H.P. 1645. L.D. 2280 
14. Execution of agreement; certified record; certificate of withdrawal. When 
the agreement for withdrawal has been put into effect by the municipality, the municipal 
officers shall notify the commissioner by certified mail that the agreement of withdrawal 
has been executed. 
15. Indebtedness; indebtedness defined; indebtedness after withdrawal. The 
following provisions apply to outstanding indebtedness. 
A. 
Whenever a municipality withdraws from a regional school unit having 
outstanding indebtedness, the regional school unit remains intact for the purpose of 
securing and retiring the indebtedness. The withdrawal agreement may provide for 
alternate means for retiring outstanding indebtedness. 
B. For purposes of this subsection, "outstanding indebtedness" means bonds or notes 
for school construction projects issued by the board of directors pursuant to the 
authorization established under chapter 609 or Title 20, sections 3457 to 3460 or 
obligations to the Maine School Building Authority pursuant to any contract, lease or 
agreement made by the board of directors pursuant to approval thereof in a meeting 
of the regional school unit, but does not include any indebtedness of the municipality 
assumed by the regional school unit at the time of formation nor any contract, lease 
or agreement of the Maine School Building Authority to which by operation of law 
the regional school unit has become the assignee. 
16. General purpose aid. When a municipality withdraws from a regional school 
unit, the general purpose aid for the municipality must be computed in accordance with 
chapter 606-B. 
17. 
Committee recall. 
If the commissioner determines that the withdrawal 
committee has failed to comply with the requirements of this section, the commissioner 
may authorize the municipal officers to appoint new representatives to the committee. 
18. Commissioner recommended dissolution. The commissioner's responsibilities 
to initiate dissolution proceedings are as follows. 
A. If a municipality representing more than 50% of the total popUlation in a regional 
school unit votes to withdraw from the district, then the commissioner shall analyze 
the educational impact of the withdrawal upon the regional school unit. The regional 
school unit's board of directors and the municipal officers from the remaining 
municipalities must be consulted. 
B. If the commissioner finds that it is impractical for the remaining municipalities to 
continue as a regional school unit, then the commissioner shall initiate a dissolution 
process by having the regional school unit submit the following article to the voters at 
a regional school unit meeting. 
"Article: Do you favor appointment of a dissolution committee for the dissolution 
of regional school unit (name of regional school unit) by the Commissioner of 
Education, authorizing the dissolution committee to expend $ (insert amount) 
and authorizing the (municipal officers; i.e., selectmen, town council, etc.) to 
issue notes in the name of the (name of the municipality) or otherwise pledge the 
credit of the (name of the municipality) of in an amount not to exceed $ (insert 
amount) for this purpose? 
SENATE AMENDMENT 
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SENATE AMENDMENT"~" to H.P. 1645, L.D. 2280 
Yes No" 
C. If the voters approve the article by a majority vote of those voting and present, 
then the rest of the dissolution process set forth in section 1516 applies except: 
(1) A 2nd member from the general public must be selected by the municipal 
officers to fill the position on the dissolution committee normally held by a 
representative of the group that would have filed the dissolution petition; and 
(2) Costs of preparing a dissolution agreement must be borne solely by the 
regional school unit. 
19. 
Transfer of orooertv. 
The board of directors may negotiate with the 
withdrawal committee regarding an equitable division of the regional school unit's 
property between the regional school unit and the municipality represented by the 
committee and transfer title ofthe property to the municipality following withdrawal. The 
board of directors shall determine that the regional school unit's educational program may 
not be disrupted solely because of the transfer of any given property before it may 
complete the transfer. 
§1518. Transfer of a municipality from one regional school unit to another 
1. Petition to commissioner. The boards of directors of 2 regional school units may 
petition the commissioner by joint resolution to permit a municipality to transfer from 
one regional school unit to another, as long as that municipality is being transferred to a 
regional school unit contiguous to the municipality. 
2. Transfer agreement. The boards of directors of the 2 regional school units and 
the municipal officers of the municipality involved shall form a committee to prepare a 
transfer agreement within 60 days after being notified by the commissioner to prepare the 
agreement. Extensions of time may be granted by the commissioner. 
A. The committee shall consider the standards set forth in section 1516, subsection 4, 
paragraph A in preparing the agreement. 
B. The approval process for the agreement shall follow the steps set forth in section 
1516, subsection 4 to subsection 16. 
C. 
The following article shall appear on the ballot when the transfer of a 
municipality is considered. 
"Article: Do you favor permitting the (name of municipality) to transfer from 
regional school unit (name of regional school unit) into regional school unit 
(name of regional school unit) as a participating municipality of that regional 
school unit subject to the terms and conditions of the agreement of transfer 
approved by the Commissioner of Education dated (insert date)? 
Yes No" 
A copy of the agreement must be posted with each warrant that directs the citizens to 
vote upon the question. 
D. The article must be approved by a majority of votes cast in both regional school 
units and by a majority of votes cast in the municipality to be transferred before the 
agreement may take effect. 
SENATE AMENDMENT 
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SENATE AMENDMENT ,,~ " to H.P. 1645, L.D. 2280 
E. A complete certified record of the transaction involved in the transfer must be 
filed with the commissioner. The commissioner shall issue immediately a certificate 
of transfer to the secretary of the regional school unit by registered mail to be filed 
with the boards of directors of the regional school units involved and shall file a copy 
of the certificate of transfer in the office of the Secretary of State. 
3. Outstanding indebtedness. Whenever a municipality, or a part of a municipality, 
is detached from a regional school unit having outstanding indebtedness, the municipality 
or part of a municipality remains as part of the regional school unit from which it was 
detached for the purposes of paying its proper portion of the indebtedness until the 
indebtedness is redeemed. The municipality or part of a municipality is not part of the 
regional school unit from which it was detached for the purpose of any outstanding 
indebtedness incurred subsequent to the date of the certificate of transfer. 
For purposes of this subsection, "outstanding indebtedness" means bonds or notes for 
school construction projects issued by the board of directors pursuant to the authorization 
established under chapter 609 or Title 20, sections 3457 to 3460 or obligations to the 
Maine School Building Authority pursuant to any contract, lease or agreement made by 
the board of directors pursuant to approval thereof in a meeting of the regional school 
unit, but does not include any indebtedness of the municipality assumed by the regional 
school unit at the time of formation nor any contract, lease or agreement of the Maine 
School Building Authority to which by operation of law the regional school unit has 
become the assignee. 
§1519, State board review of commissioner's decisions 
A regional school unit or other interested party may request that the state board 
reconsider decisions made by the commissioner under this subchapter. The state board 
has the authority to overturn decisions made by the commissioner. In exercising this 
power, the state board is limited by this subchapter. 
§1520, Rules 
The state board may adopt rules to carry out this subchapter. Rules adopted pursuant 
to this section are routine technical rules in accordance with Title 5, chapter 375, 
subchapter 2-A.' 
SUMMARY 
Like the bill, this amendment amends the law to improve the laws governing the 
foonation of regional school units. 
Part A of this amendment accomplishes the following. 
1. It repeals the laws requiring the reorganization of school administrative units into 
regional school units and instead provides school administrative units with the option of 
reorganizing as regional school units. 
2. It repeals the provisions that establish penalties for failure to reorganize as a 
regional school unit and instead provides incentives for such a reorganization. 
SENATE AMENDMENT 
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SENATE AMENDMENT"~" to H.P.1645, L.D. 2280 
3. 
It repeals the requirement that each municipality that is a member of a new 
regional school unit contribute a minimum of2 mills of the municipality's property fiscal 
capacity to the total cost of education of the new regional school unit. 
4. It also restores the laws that were amended or repealed to accommodate the 
required consolidation. 
Part B of this amendment accomplishes the following. 
1. 
It clarifies the language pertaining to mandatory budget validation and cost 
center summary budget forms for school administrative districts. 
2. It outlines the core functions of a regional school unit. 
3. It establishes the transitional powers and duties of an initial regional school unit 
board. 
4. It establishes procedures for the election of an initial regional school unit board, 
including the staggering of terms. 
5. It outlines the law governing local school committees within a regional school 
unit, including formation, delegation of functions, budget responsibility and title to 
property. 
6. It clarifies the authorization provided to regional planning committees to negotiate 
a cost-sharing agreement for those costs of proposed regional school units that are in 
addition to the local contribution required pursuant to the Maine Revised Statutes, Title 
20-A, section 15690. 
7. 
It clarifies the roles of the municipal officers and the school committee for 
municipal school units whose municipal charters give authority to approve the school 
budget to the municipal officers and establishes the requirements for calling a budget 
meeting and the procedures for the budget meeting. 
8. It clarifies the assumption of existing debt that is transferred from an original 
education unit to a new regional school unit that is formed after July 1,2008. 
9. It clarifies the relationship between a regional school unit board and a local school 
that seeks to raise additional funds for an elementary school or a secondary school that is 
owned or managed by the member municipality. 
It also removes references to 
"elementary" schools in the school closure provisions to clarify that secondary schools 
are also subject to these requirements. 
10. It clarifies the language pertaining to mandatory budget validation and cost 
center summary budget forms for community school districts. 
11. It clarifies language regarding the payment of tuition at a public school or 
approved private school of the parent's choice. 
12. It provides that a so-called "minimum receiver" who joins a regional school unit 
continues to be eligible to receive minimum state allocations if that unit received such 
allocations prior to the reorganization. 
13. It permits the Commissioner of Education to authorize so-called "doughnut hole" 
school units that have 1,200 or fewer students and no other available reorganization 
SENATE AMENDMENT 
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SENATE AMENDMENT " ~ " to H.P. 1645, L.D. 2280 
partners to form a regional school unit that serves at least 1,000 students if these isolated, 
rural school units meet certain criteria. 
Part C of this amendment accomplishes the following. 
I. It specifies that, in order for a regional school unit to have an operational date of 
July 1 st, a regional school unit must be approved at a referendum held on or before 
November 15th of the preceding year. 
2. 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. 
3. It clarifies and amends the budget approval and validation process provisions to: 
A. Increase the number of days from the legislative body meeting to the referendum 
validation from 10 days to 14 days; 
B. 
Provide that absentee ballots may not be distributed until the day after the 
regional school unit budget meeting; 
C. 
In the event that a regional school unit budget has not been approved and 
validated prior to the start of the fiscal year, authorize municipalities to levy taxes 
based on the most recent school budget approved at the regional school unit budget 
meeting until a budget is validated by voters; and 
D. 
Eliminate the need for 2 separate ballot questions for the budget validation 
referendum vote and combine information on 2 votes into one document provided 
with the warrant for the referendum vote. 
4. It clarifies the debt liability of the school administrative units that are members of 
a career and technical education region, including the disposition of debt incurred for a 
school construction or renovation project at a career and technical education region by the 
school administrative units that are members of the career and technical education region. 
5. 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. 
6. 
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. 
7. It changes the deadline by which a referendum must be held to November IS, 
2008 and changes dates that are linked to the referendum date. 
The current law 
governing the reorganization of school administrative units requires that a referendum be 
held on a proposed reorganization on or before November 4,2008. 
Part D enacts into law provisions regarding reorganization of regional school units. 
The new provisions are similar to the Maine Revised Statutes, Title 20-A, former sections 
SENATE AMENDMENT 
SENATE AMENDMENT" £ " 
to H.P. 1645, L.D. 2280 
1403, 1405 and 1406 and allow the dissolution of regional school units, the withdrawal 
from a regional school unit by a municipality and the transfer by a municipality out of 
one regional school unit into another. The amendment also includes provisions that 
formerly applied in this area of law authorizing the State Board of Education to review 
decisions of the Commissioner of Education and to make rules concerning the 
reorganization of the regional school units. 
FISCAL NOTE REQUIRED 
/'_ . """") 
(See at}~<;he5> 
SPONSORED B~~ 
o<lM1 
(Senator ROSEN, R.) 
COUNTY: Hancock 
SENATE AMENDMENT 
Approved: 04/03/08 
.%PaC! 
LD 2280 
LR 3490(05) 
An Act To Clarify and Improve the Laws Governing the Formation of Regional School Units 
Fiscal Detail and Notes 
.... 
Fiscal Note for Senate Amendment" 1::. " 
Sponsor: Sen. Rosen, R. of Hancock 
Fiscal Note Required: Yes 
Fiscal Note 
Potential future biennium cost increase - General Fund 
Providing school administrative units (SAU's) with the option of forming a regional school unit (RSU) instead of 
requiring that SAU's reorganize into RSU's may increase the total cost ofK-12 public education in future biennia du 
to less savings being achieved versus what was anticipated in Public Law 2007, chapter 240, Part XXXX. The 
amount can not be determined at this time and will depend on the number of regional school units established. Two 
areas which could impact future General Fund costs include special education and transportation. 
Title 20-A, § 15681-A, sub-§2(D) requires that school administrative units receive sufficient funds for special 
education to ensure that the SAU's meet the federal maintenance of effort requirement for receiving federal 
Individuals with Disabilities Act funds. The maintenance of effort requirement states that the total amount of state 
and local funds budgeted by the local education agency for expenditures in a current fiscal year for the education of 
children with disabilities must be at least equal to the total amount of state and local school funds actually expended 
for the education of children with disabilities in the most recent preceding fiscal year. Less savings being achieved 
versus what was anticipated in Public Law 2007, chapter 240, Part XXXX may require a higher level of state and local 
funding in order to fulfill the maintenance of effort requirement. 
Title 20-A, § 15681-A, sub-§3 requires that school administrative units receive no less than 90% of the most recent 
year's reported net transportation expenditures. Less savings being achieved versus what was anticipated in Public 
Law 2007, chapter 240, Part XXX X may require a higher level of funding in order to meet the statutory requirement. 
LR3490(05) - Fiscal Note - Page 1 of 1