An Act To Improve the Laws Governing the Consolidation of School Administrative Units
Maine Legislature, Session 124, LD 0570
Committee Amendment CA_A_H768 (House)
Amends: 20-A MRSA §1, 20-A MRSA §1461, 20-A MRSA §1461-B, 20-A MRSA §1464, 20-A MRSA §1466, 20-A MRSA §1467

COMMITTEE AMENDMENT "A" to H.P. 408, L.D. 570, Bill, "An Act To 
Improve the Laws Governing the Consolidation of School Administrative Units" 
Amend the bill by inserting after the title and before the enacting clause the 
following: 
'Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, there are obstacles preventing celiain communities from complying with 
the state law on school administrative unit reorganization; and 
Whereas, failure to comply with the law may result in penalties, in school 
administrative units' failing to benefit economically from administrative consolidation or 
in students' failing to benefit from the sharing of instructional resources, in a time of 
continuing reductions of state funding for education; and 
Whereas, immediate enactnlent of this legislation is necessary to ensure that several 
initiatives are enacted to improve the laws governing the reorganization of school 
administrative units in the State; and 
Whereas, in the judgment of the Legislature, these facts create an emergency witbin 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore,' 
Amend the bill by striking out everything after the enacting clause and inserting the 
following: 
'Sec. 1. 20-A MRSA §1, sub-§26, ~C, as enacted by PL 2007, c. 668, § 1, is 
amended to read: 
C. 
An alternative organizational structure as approved by the commissioner and 
approved by the voters, with the alternative organizational .structure serving as the 
school administrative unit for all its member entities for purposes of chapter 606 B 
and Public Lav~' 2007. chanter 240. Part XXXX. section 36; 
Page I - 124LRI059(02)-1 
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Sec. 2. 20-A MRSA §1, sub-§26, ,G, as enacted by PL 2007, c. 668, §1, is 
amended to read: 
G. A municipal school unit, school administrative district, community school district~ 
regional school unit or any other quasi-municipal district responsible for operating 
public schools that forms a part of an alternative organizational structure approved by 
the commissioner. 
Sec. 3. 20-A MRSA §1461, sub-§3, ,-B, as enacted by PL 2007, c. 240, Pt. 
XXXX, § l3, is amended to read: 
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, 
including, for purposes of this paragraph, students attending from the 
unorganized territory, 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 set fOlth in this 
subparagraph 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, including, for 
purposes of this paragraph, students attending from the unorganized territory. 
(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. 
(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. 
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(5) The plan must address how the school administrative unit will reorganize 
administrative functions, duties and non instructional personnel so that the 
projected expenditures of the reorganized school administrative unit in the first 
year of operation during the school year immediately following reorganization 
for system administration, transportation, special education and facilities and 
maintenance will not have an adverse impact on the instructional program 
Sec. 4. 20-A MRSA §1461, sub-§3, ~C is enacted to read: 
C. Notwithstanding paragraph B, subparagraph 1, thecommissioner may approve: 
(1) A regional school unit to serve fewer than 1,200 students but not less than 
1,000 students in an isolated . rural community, including, for purposes of this 
paragraph, students attending from the unorganized territOlY, if the proposed 
regional school unit meets at least one of the following criteria: 
(a) 
The proposed regional school unit comprises 3 or more school 
administrative units in existence prior to July 1, 2008; 
(b) The member municipalities of the proposed regional school unit are 
surrounded by approved regional school units or alternative organizational 
structures and there are no other school administrative units available to join 
the proposed regional school unit; or 
(c) The member municipalities of the proposed regional school unit include 
or more isolated small schools that are eligible for an isolated small school 
adjustment pursuant to section 15683, subsection 1, paragraph F; and 
(2) The formation of a regional school unit ifthe governing body or bodies of the 
proposed regional school unit demonstrate, in the notice of intent under 
subsection 1, that all reasonable and practical means of satisfying the 
requirements of subparagraph (1) and paragraph B, subparagraph (1) have been 
exhausted, and that approval is warranted based on the unique or particular 
circumstances of the unit or units. 
In considering a request under this paragraph, the commissioner's decision must be 
based on, but is not limited to, the specific facts presented in the notice of intent and 
is applicable only to the specific school administrative units the decision concerns. If 
the commissioner denies approval of a regional school unit under this paragraph, the 
commissioner's decision constitutes final agency action and is not subject to appeal to 
the state board. 
Sec. 5. 20-A MRSA §1461-B is enacted to read: 
§1461-B. Alternative organizational structure 
1. Notice of intent. A school administrative unit may 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 an alternative 
organizational structure in accordance with this section. 
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2. 
Organization; procedures and parameters. 
An alternative organizational 
structure must be organized in accordance with the procedures and parameters applicable 
to regional school units as set forth in section 146L 
3. Submission, review and approval of plans for an alternative organizational 
structure. 
A school administrative unit may submit a reorganization plan to the 
commissioner to form an alternative organizational structure in order to comply with this 
chapter. 
A. 
The commissioner may designate a school administrative unit as part of an 
alternative organizational structure if the commissioner finds that the proposed 
alternative organizational structure will result in: 
(1 ) Consolidation of system administration; 
(2) 
Consolidation 
of special 
education administration, transportation 
administration and administration of business functions, including accounting, 
reporting, payroll, financial management, purchasing insurance and auditing; 
(3) Adoption of a core curriculum and procedures for standardized testing and 
assessment aligned with the system of learning results established in section 
6209; 
(4) Adoption of a plan for both consistent school policies and school calendars; 
and 
(5) Adoption of a plan for consistent collective bargaining agreements. 
B. A plan for an alternative organizational structure may include a coIlaborative 
agreement under chapter 114 and must include an interlocal agreement under Title 
30-A, chapter 115. The plan must include procedures for conducting a kindergarten 
to grade 12 budget approval pursuant to paragraph C. 
C. 
The budget procedures of member entities of an alternative organizational 
structure must conform to the format and referendum procedures set forth in sections 
1485 and 1486 for regional school units. The budget of the alternative organizational 
structure· must be approved at a meeting of the voters of all of the member entities 
conducted in accordance with the procedures applicable toa regional school unit 
budget meeting. The budget of an alternative organizational structure is not subject 
to a separate budget validation referendum as described in section 1486. 
Upon the review and approval of the commissioner and the approval of the voters at a 
referendum, the commissioner may approve a plan to form an alternative organizational 
structure that meets the requirements set forth in this chapter. 
4. Recognition as discrete school administrative units for subsidy purposes. In 
fiscal year 2011-12 and subsequent fiscal years, the member entities of an alternative 
organizational structure are. recognized as discrete school administrative units for 
purposes of chapter 606-B, unless the member entities of the alternative organizational 
structure include in the reorganization plan under subsection 3 their decision to be 
recognized by the department as a single school administrative unit for purposes of 
chapter 606-B. 
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5. Recognition as school administrative unit for subsidy purposes; change. This 
subsection governs the procedure to alter the recognition of a school administrative unit 
that is an alternative organizational structure for subsidy purposes. 
A. Notwithstanding the provisions of a reorganization plan under subsection 3 or 
interlocal agreement under Title 30-A, chapter 115, the governing body of an 
alternative organizational structure that began operation on or before June 30, 2010 
may vote to have its member entities recognized as discrete school administrative 
units for purposes of chapter 606-B. Such a vote must be approved by the governing 
body of the alternative organizational structure and the commissioner prior to June 
st of the year prior to the allocation year. 
B. If the member entities of an alternative organizational structure that requested in 
their reorganization plan to be recognized as a single school administrative unit 
pursuant to subsection 4 vote to be recognized as discrete school administrative units 
for purposes of chapter 606-B, such a change must be approved by the govel'ning 
body of the alternative organizational structure and the commissioner prior to June 
1st of the year prior to the allocation year. 
6. Withdrawal of a member entity. Notwithstanding chapter 103-A, subchapter 2, 
for an alternative organizational structure approved by the commissioner and approved by 
the voters, the withdrawal provisions for member entities that were adopted as part of the 
reorganization plan under subsection 3 and interlocal agreement under Title 30-A, chapter 
govern the withdrawal of a member entity. 
A. 
A member entity that withdraws from an alternative organizational structure 
pursuant to the reorganization plan approved by the commissioner under subsection 3 
is not subject to penalties applicable to a nonconforming school administrative unit 
under section 15696 for 2 years after withdrawing from the alternative organ izational 
structure. 
B. A member entity that does not join a conforming school administrative unit within 
years of withdrawal from an alternative organizational structure is subject to the 
penalties applicable to a nonconforming school administrative unit under section 
15696. 
C. The remaining member entity or entities within an alternative organizational 
structure from which a member entity withdraws are not subject to penalties 
applicable to a nonconforming school administrative unit under section 15696 for 2 
years after the withdrawal of the member entity. 
Sec. 6. 20-A MRS A §1464, sub-§2, ~, as amended by PL 2009, c. 107, §4, is 
further amended to read: 
H. When bargaining units with· different bargaining agents must be merged into a 
single regional school unit-wide bargaining unit pursuant to this section, the 
bargaining agent of the merged bargaining unit must be selected in accordance with 
Title 26, section 967 except as modified in this section. 
. 
(1) 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. 
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COMMITTEE AMENDMENT "A" to [-I.P. 408, L.D. 570 
(2) The petition must be filed not more than 90 days prior to l\ugust 31, 2012 the 
first August 31st occurring after the 3rd anniversary date of the operational date 
of the regional school unit established pursuant to section 1463, subsection 1. 
(3) 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. 
(4) The obligation to bargain with existing bargaining agents continues from the 
operational date established pursuant to section 1463, subsection 1 until the 
determination of the bargaining agent of the regional school unit-wide bargaining 
unit under this section; but in no event may any collective bargaining agreement 
that is executed after the operational date extend beyond August 31, 2012 the first 
August 31 st occurring after the 3rd anniversalY date of the operational date of the 
regional school unit. 
(5) 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 section. 
(6) 
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. 
(7) Until August 31, 2012 the first August 31 st occurring after the 3rd 
anniversaIY date of the operational date of the regional school unit, existing 
bargaining agents shall continue to represent the bargaining units that they 
represented on the day prior to the operational date of the regional school unit. If 
necessary, each bargaining agent and the regional school unit must negotiate an 
interim collective bargaining agreement to expire on August 31,2012 the first 
August 31 st occurring after the 3rd anniversary date of the operational date of the 
regional school unit. 
(8) When there are 2 or more bargaining units in which there are employees who 
are represented either by the same bargaining agent or by separate local affiliates 
of the same state labor organization that will be merged into a regional school 
unit-wide bargaining unit with one or more other bargaining units pursuant to the 
election procedures described in this paragraph, the bargaining units that are 
represented either by the same bargaining agent or by separate local affiliates of 
the same state labor organization must merge as of the operational' date. The 
procedures for merger of separate local affiliates of the same state labor 
organization described in paragraph E must be followed if applicable. 
Sec. 7. 20-A MRSA §1464, sub-§5 is enacted to read: 
5. Bargaining units of employees of school unions. For purposes of section 1463, 
subsection 4 and this subsection, a school union that employed public employees, within 
the meaning of Title 26, section 962, subsection 6, who were represented by a bargaining 
COMMITTEE AMENDMENT 
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agent on the day prior to the operational date of a regional school unit board of directors 
is considered to be a school administrative unit. 
Sec. 8. 20-A MRS A §1464-A is enacted to read: 
§1464-A. Collective bargaining in alternative organizational structures 
1. 
Assumption of obligations. duties. liabilities and rights. On and after the 
operational date of an alternative organizational structure, teachers and other employees 
whose positions are transferred from a school administrative unit or school union to the 
alternative organizational structure and were included in a bargaiiling unit represented by 
a bargaining agent continue to be included in the same bargaining unit and represented by 
the same bargaining agent pending completion of the bargaining agent and bargaining 
unit merger procedures and bargaining for initial alternative organizational structure 
collective bargaining agreements covering alternative organizational structure employees, 
as described in this section. 
After employees become employees of the alternative 
organizational structure, the alternative organizational structure has the obligations, 
duties, liabilities and rights of a public employer pursuant to Title 26, chapter 9-A with 
respect to those employees. 
2. Structure of bargaining units. All bargaining units of alternative organizational 
structure employees must be structured on an alternative organizational structure-wide 
basis. Teachers and other school employees who are employed by the alternative 
organizational structure to provide consolidated services must be removed from the 
existing bargaining units of teachers and other employees who are employed by each 
member school unit and merged into units of alternative organizational structure 
employees. Merger into alterilative organizational structure-wide bargaining units is not 
subject to approval or disapproval of employees. Formation of alternative organizational 
structure-wide bargaining units must occur in accordance with this subsection. 
A. In each alternative organizational structure, there must be one unit of teachers if 
any teachers are employed by the alternative organizational structure, and, to the 
extent they are on the effective date of this paragraph included in bargaining units, 
other ce11ified professional employees, excluding principals and other administrators. 
B. Any additional bargaining linits in an alternative organizational structure must be 
structured as follows. 
(1) 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 alternative organizational structure and avoiding conflicts among different 
bargaining agents to the extent possible. 
(2) In the event of a dispute regarding the classifications to be included within an 
alternative organizational structure-wide bargaining unit, the current bargaining 
agent or agents or the alternative organizational structure 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. 
C. 
When there is the same bargaining agent in all bargaining units that will be 
merged into an alternative organizational structure-wide bargaining unit, the units 
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COMMITTEE AMENDMENT" ~" to H.P. 408, L.D. 570 
must be separated and merged on the operational date or the date represented 
employees are transferred to the alternative organizational structure, whichever is 
applicable, and the alternative organizationai structure shall recognize the bargaining 
agent as the representative of the merged unit. 
D. When all bargaining units that will be separated and merged into an alternative 
organizational structure-wide bargaining unit are represented by separate local 
affiliates of the same state labor organization, the units must be separated and merged 
on the operational date or the date represented employees are transferred to the 
alternative organizational structure, whichever is applicable. The identity of a 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 labor organization to the alternative organizational structure, the alternative 
organizational structure shall recognize the designated bargaining agent as the 
representative of employees in the merged unit. If necessaly, the parties shall 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. 
E. 
When there are bargaining units that will be separated and merged into an 
alternative organizational structure-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 separated and merged on the 
operational date or the date represented employees are transferred to the alternative 
organizational structure, whichever is applicable, 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 separation and merger of separate local affiliates of the 
same state labor organization described in paragraph 0 must be followed if 
applicable. If prior to the merger a bargaining agellt 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 paragraph F. 
F. When bargaining units with different bargaining agents must be merged into a 
single alternative organizational structure-wide bargaining unit pursuant to this 
section, the bargaining agent of the merged bargaining unit must be selected in 
accordance with Title 26, section 967 except as modified in this section. 
(1) 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 alternative organizational structure, 
(2) The petition must be filed not more than 90 days prior to the first August 31st 
occurring after either the 3rd anniversalY date of the operational date of the 
alternative ,organizational structure or the date on which positions are transferred 
from member school units to the alternative organizational structure, whichever 
is later. 
(3) The election ballot may contain only the names of the bargaining agents of 
bargaining units that will be merged into the alternative organizational structure-
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wide bargaining unit and the choice of "no representative," but no other choices. 
A showing of interest is not required from any such bargaining agent other than 
its current status as representative. 
(4) The obligation to bargain with existing bargaining agents continues from the 
operational date of the alternative organizational structure or the date on which 
positions are transferred from member school units to the alternative 
organizational structure, whichever is later, until the determination of the 
bargaining agent of the alternative organizational structure-wide bargaining unit 
under this section; but in no event may any collective bargaining agreement that 
is executed after the operational date extend beyond the first August 31 st 
occurring after either the 3rd anniversary date of the operational date of the 
alternative organizational structure or the date on which positions are transferred 
from member school units to the alternative organizational structure, whichever 
is later. 
(5) The Maine Labor Relations Board shall expedite to the extent practicable all 
petitions for determination of the bargaining agent in 
the alternative 
organizational structure filed pursuant to this section. 
(6) 
The bargaining units must be merged into an alternative organizational 
structure-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. 
(7) Until the first August 31 st occurring after either the 3rd anniversalY date of 
the operational date of the alternative organizational structure or the date on 
which positions are transferred fi·om member school units to the alternative 
organizational structure, whichever is later, existing bargaining agents shall 
continue to represent the bargaining units that they represented on the day prior 
to the operational date of the alternative organizational structure. If necessaty, 
each bargaining agent and the alternative organizational structure must negotiate 
interim collective bargaining agreements to expire the first August 31 st occurring 
after either the 3rd anniversary date of the operational date of the alternative 
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organizational structure or the date on which positions are transferred from 
member school units to the alternative organizational structure, whichever is 
later. 
(8) When there are 2 or more bargaining units in which there are employees who 
are represented either by the same bargaining agent or by separate local affiliates 
of the same state labor organization that will be. merged into an alternative 
organizational structure-wide bargaining unit with one or more other bargaining 
units pursuant to the election procedures described in this paragraph, the 
bargaining units that are represented either by the same bargaining agent or by 
separate local affiliates of the same state labor organization must merge as of the 
operational date. The procedures for merger of separate local affiliates of the 
same state labor organization described in paragraph D must be followed if 
applicabie. 
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3. Agent to engage in collective bargaining. After the merger of bargaining units 
in an alternative organizational structure, the bargaining agent of an alternative 
organizational structure-wide bargaining unit and the alternative organizational structure 
shall engage in collective bargaining for a collective bargaining agreement for the 
alternative organizational structure-wide bargaining unit. In the collective bargaining 
agreement for each alternative organizational structure-wide bargaining unit, the 
employment relations, pOlicies, practices, salary schedules, hours and working conditions 
throughout the alternative organizational structure must be made uniform and consistent 
as soon as practicable. In the event that the parties are unable to agree upon an initial 
alternative organizational. structure-wide. collective bargaining agreement, the parties 
must use the dispute resolution procedures pursuant to Title 26, section 965 to resolve 
their differences. 
4. Application of collective bargaining agreements. On and after the operational 
date of an alternative organizational structure, but before the completion of negotiations 
for a single alternative organizational structure-wide collective bargaining agreement for 
the alternative organizational structure-wide bargaining unit, the wages, hours and 
working conditions of an employee of the alternative organizational structure who is in a 
bargaining unit and who is reassigned to a different position that is in a different 
bargaining unit but that upon the completion of the merger of bargaining units will be 
included in the same alternative organizational structure-wide bargaining unit must be 
determined by the terms of the 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 collective bargaining agreement that applies to the 
position to which the employee is reassigned 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 alternative organizational structure-
wide collective bargaining agreement for the alternative organizational structure-wide 
bargaining unit or the applicable collective bargaining agreement requires a higher 
wage or salary rate for the employee, whichever occurs sooner. 
B. If the application of the existing collective bargaining agreement that applies to 
the position to which· the employee is reassigned would cause a reduction in the 
amount that is paid by the alternative organizational structure for premiums for health 
insurance for the employee and the employee's dependents, the alternative· 
organizational structure's payment must be maintained at the amount that was paid 
immediately prior to the reassignment until the completion of negotiations for a 
single alternative organizational structure-wide collective bargaining agreement for 
the alternative organizational structure-wide bargaining unit or the applicable 
collective bargaining agreement requires a higher payment, whichever occurs sooner. 
C. If the application of the existing collective bargaining agreement that applies to 
the position to which the employee is reassigned provides for coverage under a 
different health insurance plan, the employee may elect to retain coverage under the 
health insurance plan in which the employee was enrolled immediately prior to 
reassignment if the eligibility provisions of the plan permit until the completion of 
negotiations for a single alternative organizational structure-wide collective 
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bargaining agreement for the alternative organ izational structure-wide bargaining 
unit. 
Sec. 9. 20-A MRSA §1466 is enacted to read: 
§1466. Withdrawal of a single municipality from a regional school unit 
1. Petition. The residents of a municipality that has been a member of a regional 
school unit for at least 3 years may petition to withdraw from the regional school unit in 
accordance with this subsection. 
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. 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 withdrawal from the 
regional school unit. 
C. 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 regional school unit board 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. 
For the purposes of this subsection, the 3-year period after which a petition to withdraw 
may be considered in a member municipality of a school administrative district that was 
reformulated as a regional school unit pursuant to Public Law 2007, chapter 240, Part 
XXXX, section 36, subsection 12 is 3 years after the original operational date of the 
school administrative district; and the 3-year period after which a petition to withdraw 
may be considered in a member municipality of a school administrative district that did 
not reformulate as a regional school unit but that became a member entity of an 
alternative organizational structure is 3 years after the operational date of the alternative 
organizational structure. 
2. Form. The aIiicle to be voted upon must be in substantially the following form: 
"Article: Do you favor filing a petition for withdrawal with the board of 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., selectpersons, 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" 
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3. Notice of vote. If residents of the municipality vote favorably on a petition for 
withdrawal, the clerk shall immediately give written notice, 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 affirmative and negative votes 
cast; and 
B. An explanation by the municipal officers, stating to the best of their Imowledge 
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 this subsection. 
A. 
The commISSIOner shall direct the municipal officers of the petitioning 
municipality to select representatives to a withdrawal committee as follows: one 
member from the municipal officers, one member from the general public and one 
member from the group filing the petition. The commissioner shall also direct the 
directors of the regional school unit board representing the petitioning municipality to 
select one member of the regional school unit board who represents that municipality 
to serve on the withdrawal committee. The municipal officer and the member of the 
regional school unit board serve on the withdrawal committee only so long as they 
hold their respective offices. Vacancies must be filled by the municipal officers and 
the regional school unit board. The chair of the regional school unit board shall call a 
meeting of the withdrawal committee within 30 days of the notice of the vote in 
subsection 3. The chair of the regional school unit board shall open the meeting by 
presiding over the election of a chair of the withdrawal committee. 
The 
responsibility for the preparation of the agreement rests with the withdrawal 
committee, subject to the approval of the commissioner. The withdrawal committee 
may draw upon the resources ofthe depa:rtment 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 withdrawal committee is formed. Extensions of time may be granted by the 
commissioner upon the request of the withdrawal committee. 
(1) The agreement must contain provisions to provide educational services for all 
students of the' petitioning municipality within 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 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 that the withdrawal takes 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 
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withdrawal or when a need for school construction would have arisen even if the 
municipality had not withdrawn. 
(4) The agreement must establish how transpOliation services will be provided. 
(5) The agreement must provide for administration of the new 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 provide appropriately 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 
govel'l1ance of the schools to properly elected govel'l1ing bodies of the newly 
created administrative unit and must provide that the govel'l1ing 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 agreement will provide for appropriate educational and related 
services to the students of the petitioning municipality and for the orderly transition 
of assets, governance and other matters related to the petitioning municipality and the 
regional school unit. 
C. 
If the commissioner gives conditional approval of the agreement, the 
commissioner shall notify the regional school unit board and the municipal officers 
by registered mail of the time and place of a pliblic 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 regional school unit board shall conduct the hearing. 
(1) The regional school unit board shall post a public notice in each municipality 
of the time and location of the hearing at least 10 days before the hearing. 
COMMITTEE AMENDMENT 
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COMM IITEE AMENDMENT" A" "' H.P. 408, L.D. 570 
(2) Within 30 days following the hearing under this paragraph, the withdrawal 
committee shall forward the final agreement to the commissioner. 
D. If the commissioner recommends changes to the agreement, the commissioner 
shall: 
(1) 
Send the agreement back to the withdrawai 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 hours. The date and time 
for voting is as set forth in this subsection. 
A. 
The commissioner shall determine the date upon which the voters of 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 of the date by registered or certified mail to the town clerk or city clerk 
of the municipality petitioning to withdraw. 
C. The town clerk or city clerk shall immediately notify the municipal officers upon 
receipt of the notice under paragraph B, 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 dat~ may 
be used. 
D. In a warrant under paragraph C, the municipal officers shall direct that the polls 
are to be open at 10 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 withdrawal question. 
B. Except as otherwise provided in this section, the voting at the meeting held in a 
town must be conducted in accordance with Title 30-A, sections 2528 and 2529, even 
if the town has not accepted the provisions of TitIe 30-A, section 2528. 
C. The voting at the meeting held in a city 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)? 
COMMITTEE AMENDMENT 
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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. Required vote. A 2/3 vote of those casting valid votes in the municipality is 
required before the municipality may withdraw from the regional school unit. 
10. 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. 
11. 
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. 
12. Determination of vote. 
The town clerk or city clerk 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. 
13. Determination of results; execution of agreement. If the commissioner finds 
that a 2/3 majority of the voters voting on the article have voted in the affirmative, the 
commissioner shall notify the municipal officers and the regional school unit board to 
take steps for the withdrawal in accordance with the terms of the agreement for 
withdrawal. 
14. Recount; checldists and ballots; disputed ballots. This subsection applies 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 clerk 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. 
15. 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 comm issioner by certified mail that the agreement of withdrawal 
has been executed. 
A complete certified record of the. transaction involved in the 
COMMITTEE AMENDMENT 
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withdrawal must be filed with the commissioner. The commissioner shall immediately 
issue a certificate of withdrawal to be sent by celtified mail for filing with the regional 
school unit board and shall file a copy in the office of the Secretary of State. 
16. Indebtedness. This subsection applies 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 the purposes of this subsection, "outstanding indebtedness" means bonds or 
notes issued or assumed by the regional school unit board and lease-purchase 
agreements issued or assumed by the regional school unit, but does not include any 
indebtedness of the withdrawing municipality assumed by the regional school unit at 
the time of formation. 
17. 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. 
' 
18. 
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 withdrawal 
committee. 
19. Transfer of property. The regional school unit board 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 
withdrawal committee and transfer title of the property to the municipality following 
withdrawal. The regional school unit board shall determine that the regional school unit's 
educational' program will not be disrupted solely because of the transfer of any given 
property before it may complete the transfer. 
20. Reorganization; penalties. A municipality that withdraws from a regional 
school unit under this section is not subject to penalties applicable to a nonconforming 
school administrative unit under section 15696 for 2 years after withdrawing from the 
regional school unit. 
A municipality that does not join a conforming school 
administrative unit within 2 years of withdrawal is subject to the penalties applicable to a 
nonconforming school administrative unit under section 15696. 
The remaining 
n1unicipality or municipalities within the regional school unit from which the 
municipality withdraws are not subject to penalties applicable to a nonconforming school 
administrative unit under section 15696 for 2 years after the withdrawal of the 
municipality. 
Sec. 10. 20-A MRSA §1467 is enacted to read: 
§1467. Transfer of a municipality from one regional school unit to another 
1. Petition to commissioner. Two regional school unit boards may petition the 
commissioner by joint resolution to permit a municipality to transfer from one regional 
school unit to the other. 
COMMITTEE AMENDMENT 
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2. 
Transfer agreement. 
The 2 regional school unit boards and the municipal 
officers of the municipality involved shall form a committee to prepare a transfer 
agreement within 60 days after being authorized 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 1466, subsection 4, 
paragraph A in preparing the agreement. 
B. The approval process for the agreement must follow the steps set fOlih in section 
1466, subsections 4 to 17. 
C. 
The following aJiicle must appear on the ballot when the transfer of a 
municipality is considered under paragraph B. 
"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. 
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 secretaries of the regional school units by registered mail to be filed 
with the regional school unit boards 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 is detached from a regional 
school unit having outstanding indebtedness, the 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 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 issued 
or assumed by the regional school unit board and lease-purchase agreements issued or 
assumed by the regional school unit, but does not include any indebtedness of the 
detaching municipality assumed by the regional school unit at the time of formation. 
Sec. 11. 20-A MRS A §1468 is enacted to read: 
§1468. 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 
COMMITTEE AMENDMENT 
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has the authority to overturn decisions made by the commissioner. In exercising this 
power, the state board is limited by this subchapter. 
Sec. 12. 20 .. A MRSA §1472-C is enacted to read: 
§1472-C. Term of office for elected directors 
Notwithstanding any other provision of this subchapter, a regional school unit board 
may place an article before the voters in the member municipalities of the regional school 
unit that would permit the regional school unit board to establish a single common date 
for beginn'ing the term of office for duly elected directors when the board members are 
elected at the regular municipal election of the member municipalities and these 
municipal elections are held at different times. 
Emergency. clause. 
In view of the emergency cited in the preamble, this 
legislation takes effect when approved.' 
SUMMARY 
This amendnient strikes and replaces the concept draft and enacts measures designed 
to improve the laws governing the consolidation of school administrative units. The 
amendment accomplishes the following. 
. 
1. 
It amends the school administrative unit reorganization laws to permit the 
Commissioner of Education to approve a reorganization plan for forming a regional 
school unit or an alternative organizational structure when the Commissioner of 
Education finds that the school administrative units have documented, in a notice of 
intent, that they have exhausted all efforts to meet the established requirements and face 
unique circurnstances that warrant an exception to the minimum student enrollment 
requirements. 
It also establishes that the commissioner's decision on approval of a 
reorganization plan under this provision is final. 
. 
2. It provides that, beginning in fiscal year 2011-12, school administrative units that 
are member entities of an alternative organizational structure must be recognized by the 
Department of Education as discrete school administrative units for school subsidy 
purposes, unless the member entities of the alternative organizational structure include in 
their reorganization plan the decision to be recognized as a single school administrative 
unit for school subsidy purposes. It also provides that, for an alternative organizational 
structure that was established on or before June 30, 2010, the governing board of the 
alternative organizational structure may elect to have the member entities of the 
alternative organizational structure be recognized as discrete school administrative units 
for school subsidy purposes. 
3. It establishes provisions to clarifY the formation of an alternative organizational 
structure including the following: 
A. 
It adds a requirement that a reorganization plan submitted by an alternative 
organizational structure must include a plan for adoption of consistent collective 
bargaining agreements in addition to school policies and school calendars; 
B. 
It eliminates the' budget validation referendum vote for the budget of an 
alternative organizational structure; 
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C. It retains the option of an alternative organizational structure being treated as a 
single school unit for the purposes of state subsidy; and 
D. It permits the Commissioner of Education to count students from the unorganized 
. territory as "attending students" for the purpose of reviewing the minimum student 
enrollment criteria required for submitting a reorganization plan. 
4. It establishes provisions for the withdrawal of a member municipality from a 
regional school unit and the transfer of a member municipality out of one regional school 
unit and into another. These provisions are similar to the Maine Revised Statutes, Title 
20-A, former sections 1405 and 1406 pertaining to school administrative districts, except 
that a member municipality that wishes to withdraw from a regional school unit must 
have been a member of that regional school unit for at least 3 years and voters in the 
member municipality must approve withdrawal by a 2/3 majority vote. It also provides 
that a member. municipality that does not join a conforming school administrative unit 
within 2 years of withdrawal is subject to the penalties applicable to a nonconforming 
school administrative unit under Title 20-A, section 15696. It further adds a provision to 
clarifY that the regional school unit from which the member municipality withdraws may 
not bepenalized for 2 years after the withdrawal of the municipality. Finally, it includes 
provisions that formerly applied in this area of law authorizing the State Board of 
Education to review decisions of the Commissioner of Education. 
5. It adds provisions to permit a member entity to withdraw from an alternative 
organizational structure when the alternative organizational structure is approved after 
July 1, 2010 and it provides that alternative organizational structures that were approved 
by the Commissioner of Education prior to July I, 2009 may continue to use the 
withdrawal provisions approved as part of their reorganization plans. 
6. It provides regional school units with a local option for establishing a single, 
common date for starting the term of office for duly elected members of the regional 
school unit board when the elections for board members are held on different dates by the 
member municipalities that make up the regional school unit. 
7. It amends collective bargaining provisions in Title 20-A, chapter 103-A to provide 
requirements for alternative organizational structures that align with the existing 
provisions for regional school units. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 03/17/10 Mac::.. 
LD570 
LR 1059(02) 
An Act To Improve the Laws Governing the Consolidation of School Administrative Units 
Fiscal Note for Bill as Amended by Committee Amendment ,~" 
Committee: Education and Cultural Affairs 
Fiscal Note Required: Yes 
Fiscal Note 
No state fiscal impact 
Fiscal Detail and Notes 
.) 
This legislation will not affect the total cost of K-12 public education or the State's share of that cost. This legislation 
may impact the distribution of subsidy to local school administrative units beginning in fiscal year 2011-12. The) 
impact to individual school administrative units can not be determined at this time. 
..' 
) 
LR1059(02) - Fiscal Note - Page 1 of 1