An Act'To Eliminate the Opt-out pe~alty- for Consolidation of Schools if a School Administrative Unit Forms an Alternative Organizational Structure , (EMERGENCY).
Maine Legislature, Session 124, LD 1226
Committee: Education and Cultural Affairs
Sponsors: CLARK

MAINE STATE LEGISLATURE 
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124thMAINE LEGISLATURE 
Legislative Document 
. No. 
H.P.846 
House of Representatives, March 26,2009 
An Act'To Eliminate the Opt-out pe~alty- for Consolidation of 
Schools if a School Administrative Unit Forms an Alternative 
Organizational Structure' 
, (EMERGENCY). 
Reference to the Committee on Education and Cultural Affairs suggested and ordered 
printed. 
Presented by Representative CLARK of Millinocket. 
Printed on recycled paper 
'I7l~ 1J1.17/tU~ 
MILLICENT M. MacFARLAND 
Clerk. 
-}Emerg.ency preambDe.Whereas, acts and resolves of the Legislature do not 
bec()me effective unti190 days a_ft.;r adjournment unless enacted as emergencies; and _ 
Whereas,current law provicies that, beginning July], 2009, penalties are imposed 
on school administrative units that 4ave, formed alternative organizational structures but 
are not conforming' uriits under the laws governing school administrative unit' 
reorgaOization; and 
'Whereas, certain school administrative units that have formed alternative 
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organizational structures may be_ subject to statutory penalties; and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Main-e and require the following legislation as 
immediately necessary for the preservation of the public peace, health and -safety; now, 
therefore, 
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Be it enacted by the People oUlDe State of Maine as follows: 
Sec~ 1.- 20,,:,A MRSA §1l461, sub-§3, ~~ as enactedbyPL;2007, c.240, Pt. 
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XXXX, § 13, is amended to read: 
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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. 
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(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; 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 aU students.,.: or 
(g) 
The school administrative units have formed an alternative 
organizational structure. 
When circuinstances justify- an exception to the size requirement of 2,500 
students, the unit must s~rve as close to 2,500 students as possible and in no case, 
except for coastal islands ,and .. schools operated by tribal school committees and 
units that have formed aD. alternative organizational structure, may it serve fewer 
than 1,200 students. 
Page I - 124LR0843(01)-1 
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(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. 
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(3) The plan must be consistent with the policies set forth in section 1451. 
. (4) The pian may ~ot displace t~achers or students or close any schoQls existing 
and operating during the school year immediately. preceding reorganization, 
except as permitted under section 1512. 
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. Sec.2. 20-A MRS A §15696, as amended by PL 2007, c.66~, §§39 to 41 and c.· 
695, Pt. A, §23, is further amended to read: 
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§15696. Penalties for nonconforming school administrative units 
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1. Authorized adjustments. Notwithstanding ariyother 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 following adjustments to 
the calculation of subsidy under chapter 606-B are required beginning July 1, 2009 for a 
school administrative unit that is not a conforming school administrative unit: 
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 system· administration under section 15680, subsection 1, 
paragraph A by half; 
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C. The' school' administrative unit is not 'eligible for a transition adjustment under 
section 15686 or~my comparable year-over-year transition amount; 
D. The school administrative unit receives less favorable consideration for approval 
and funding for school construction pursuant to rules bf the state board; and 
E. The school administrative unit's full-value education mill rate pursuant to section 
15671-A is increased by 2% for the purpose of calculating the school administrative 
unit's required contribu,tion 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. 
Formation' of alternative organizational structure. 
Notwithstanding 
,subsection 2, paragraph B, a school administrative unit that has formed an alternative 
organizational structure pursuant to Title 20-A, section 1, subsection 26, paragraph C 
may file a notice of intent to submit an alternative plan. 
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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 followmg factors justify an exception: 
(l). Geography, including physical proximity and the size of the current school 
administrative unit; 
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(2) . Demographics, including student enrollment trends and the composition and 
natme of communities in the regional school unit; 
(3) Economics, including existing collaborations to be preserved or enhanced and 
opportunities to deliver ~orruiJodities and services to be maximized; 
(4) Transportation; 
(5) Population density, including the rural·natme 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; SF 
(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-;~ 
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(8) If a school administrative unit has fornied an alternative organizational structure 
pursuant to Title 20-A, section 1, subsection 26, paragraph C. 
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 ana .. schools operated by 
tribal school committees and units that have formed alternative organizational structures 
pursuant to Title 20-A, section 1, subsection 26, paragraph C, which may serve fewer 
than 1,200 students. 
Sec. 5. PL 2007, c. 240,Pt. XXXX, §36, sub-§l1, as amended by PL 2007, c. 
668,§47, is further amended to read: 
11. Result of disapproval at January 2008 referendum. A school administrative 
unit that rejects a proposed reorganization plan at the January 15, 2008 referendum or at a 
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subsequent referendum on or· before January 30, 2009 may restart the process to form a 
regional school unit with the same or other school administrative units and may seek 
assistance from the Department of Education to prepare another reorganization plan. 
A. 
Subsequent reorganization plans must meet the same requirements as for 
reorganization plans filed prior to the January 2008 referendum, except that the 
timelines are adjusted· to reflect a July 1, 2009 reorganization date. 
School 
administrative units that file alternative plans pursuant to subsection 2-Aare exempt 
from this requirement. 
B. +he Except for school administrative units that file alternative plans pursuant to 
subsection 2-A, the penalties set forth in Title 20-A, section ·15696 apply to any 
school administrative unit that fails to approve a reorganization plan on or before 
January 30, 2009 and to implement that plan by July 1, 2009. 
Emergency clause. 
In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
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SUMMARY 
This bill authorizes school administrative units to submit alternative plans if they 
have fanned alternative organizational structures but have not approved a school 
reorganization plan. This bill also eliminates penalties that would otherwise apply to 
such school administrative units. 
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