An Act To Permit EfficienfSchool DistridsTo Opt Out of Consolidation .
Maine Legislature, Session 124, LD 1129
Sponsors: COURTNEY

MAINE STATE LEGISLATURE 
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124tb MAINE LEGISLATURE 
Legislative Document 
No. 1129 
S.P. 
In Senate, March 25,2009 
An Act To Permit EfficienfSchool DistridsTo Opt Out of 
Consolidation 
. 
(EMERGENCY) 
Reference to the Cpmmittee on Education and Cultural Affairs suggested and ordered 
printed. 
Presented by Senator COURTNEY of York. 
Printed on recycled paper 
9t9(J~ 
JOY J. O'BRIEN 
Secretary of the Senate 
1'-
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Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, under current law, penalties for nonconfornling school administrative 
units are scheduled to begin July 1 , 2009; and 
Whereas, this legislation allows certain school administrative units to file 
alternative plans; and 
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Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of MaIne and requi;e the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore,. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 20-A l\1IRSA §1461, sub-§3, ~, as enacted QY PL 2007, c. 240, Pt. 
XXXX, § 13, 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, 
except where circumstances relating to. the following f<.lctors 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; 
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(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; ef. 
(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 students7~ 
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(g) The current school administrative unit spent less on kindergarten to grade 
. 12 education in fiscal year 2008-09 than its total operating allocation under 
chapter 606-B. 
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When circumstances justify an exception to the size requirement of 2,500 
students, the unit must serve as close to i,500 students as possible and in no case, 
except for coastal islands aE6~ schools operated by tribal school committees and 
units that spent less on kindergarten to grade 12 education in fiscal year 2008-09 
than their total operating allocations under chapter 606-B, may it serve fewer 
than 1,200 students. 
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(2) The plan must provid~ 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 irtunediately preceding reorganization, 
except as permitted under seCtion 1512. 
Sec. 2. 20-A MRS A §15696, as amended by PL 2007, c. 668, §§39 to 41 and c. 
695, Pt. A, §23, is furtheramended to read: 
§15696. Penaities.for nonconforming school administrative units 
1. Authorized adjustments. Notwithstanding any other provision of this Title, 
except for school administrative units that file alternative plans pursuant to Public Law 
2007, chapter 240, Part· XXXX, section 36, subsection 2-A, the foHowing adjustments to 
. the calculation of subsidy under chapter 606-B are required beginning July 1, 2009 for a 
school administrative unit that is not a conforming school administrative unit: 
A. The school administrative unit is eligible for only 50% of the minimum state 
allocation under section 15689, subsection 1; 
B. The school administrative unit's total cost of education is reduced by adjusting the 
cost component for s'ystem administration under section 15680, subsection 1, 
paragraph A by half; 
C. The school administrative unit is not eligible for a transjtion adjustment under' 
section 15686 or any comparable year-over-year transition amount; 
D .. The school administrative unit receives less favorable consideration for approval 
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and funding for school construction pursuant to rules of the state board; and 
E. The school administrativeunjes full-value education mill rate pursuant to section 
15671-A is increased by 2% for the purpose of calculating the school administrative 
unit's required contribution to meet the local share of education costs established 
pursuant to section 15688, subsection 3-A.' 
Sec. 3. PL 2007, c. 240, Pt. XXXX, §36, sub-§2-A is enacted to read; 
2-A. 
Alternative plan. 
Notwithstanding subsection 2, paragraph B, a school 
administrative uninhat spent less on kindergarten to grade 12 education in fiscal year 
2008-09 than its total operating allocation under chapter 606-B may file a notice of intent 
to submit an alternative plan. 
. Sec. 4. PL 2007 c. 240, Pt. XXXX, §36, sub-§6, ~A is amended to read: 
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: 
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(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; 
(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 therural nature of our coinmunities; 
(6) 
Other unique circumstances including the need to preserve existing or 
developing relationships, meet the peeds· of students, maximize educational 
opportunities for students and ensure equitable access to rigorous programs for 
all students; or 
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(7) If, after performing due diligence to develop a regional plilll 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 and units that spent less. on kindergarten to 
grade 12 education in fiscal year 2008-09 than its total operating allocation under 
chapter 606-B, which may serve fewer than 1,200 students. 
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Sec. 5. PL 2007, c. 240, Pt. XXXX, §36, sub-§l1, as amended by PL 2007, c. 
668, §47, is further amended to read: 
n. Result of disapproval at January 2008 referendum. A school administrative 
unit that rejects a proposed reorganization plan at the January 15,2008 referendUm. or at a 
subsequent referendum on or before January 30, 2009 may r:estart the process to fonn a 
regional school unit with the same or other school administrative units and may seek 
assistance from the Department of Education to prepare another reorganization plan. 
A. 
Subsequent reorganization plans rriust meet the same requirements as for 
reorganization plans filed prior to the January 2008 referendum, except that the 
timelines are adjusted to reflect a July 1, 2009 reorganization date. 
School 
administrative units that file alternative plans pursuant to subsection 2-A are exempt 
from this requirement. 
B. +he Except for school administrative units that file alternative plans pursuant to 
subsection 2-A. the pemilties set forth in Title 20-A, section 15696 apply to any 
school administrative unit that fails to approve a reorganization plan on or before . 
January 30, 2009 and to implement that plan by July 1, 2009. 
Emergency clause. 
In view of the emergency cited in the preamble, this 
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legislation takes effect when approved. 
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SUMMARY 
This bill authorizes a school adn1inistrative unit to submit an alternative plan when 
the school unit spends less on kindergarten to grade 12 education than its total oper~ting 
allocation under the Essential Programs and Services Funding Act for fiscal year 2008-
09. 
This bill also eliminates penalties that would otherwise apply· to such school 
administrative units.