An Act To Repeal the Laws Governing Consolidation of School Administrative Units
Maine Legislature, Session 124, LD 0115
Committee: Education and Cultural Affairs
Sponsors: EDGECOMB, CELLI, CROCKETT, JOHNSON, TRAHAN, CLARK
Amends: 20-A MRSA §1, 20-A MRSA §1201, 20-A MRSA §1203, 20-A MRSA §130, 20-A MRSA §1602, 20-A MRSA §1604, 20-A MRSA §1701-C, 20-A MRSA §2101, 20-A MRSA §2303, 20-A MRSA §4102, 20-A MRSA §5203, 20-A MRSA §5204, 20-A MRSA §6051, 20-A MRSA §15672, 20-A MRSA §15680, 20-A MRSA §15689, 20-A MRSA §15690, 20-A MRSA §15691-A, 20-A MRSA §15696, 20-A MRSA §15755, 20-A MRSA §15904

FIRST F..EGULAR SE~~ION-2009 
Legislative Document 
No. 115 
H.P.99 
House of Representatives, January 12,2009 
An Act To Repeal the Laws Governing Consolidation of School 
Administrative Units 
(EMERGENCY) 
Reference to the Committee on Education and Cultural Affairs suggested and ordered 
printed. 
Presented by Representative EDGECOMB of Caribou. 
71~d 
111· ml!£;:-;w1w~{ 
MILLICENT M. MacFARLAND 
Clerk 
Cosponsored by Representatives: CELLI of Brewer, CROCKETT of Bethel, JOHNSON of 
Greenville, Senator TRAHAN of Lincoln and 
Representative: CLARK of Easton. 
PrinlL'u I'll n:cycleL! p:lpt:1' 
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, in order for this legislation to apply to the 2009-20 I 0 school year, it must 
take effect before the expiration of the 90-day period; and 
Whereas, the provisions of this Act must take effect immediately to terminate the 
activities of reorganization planning committees and school administrative units that are 
currently in the process of attempting to meet statutory timelines related to school 
reorganization effOIts; and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
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, 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 20-A MRS A §1, sub-§20-A, as enacted by PL 2007, c. 240, Pt. XXXX, 
§ 1, is repealed. 
Sec. 2. 20-A MRSA §1, sub-§23-B, as enacted by PL 2007, c. 240, Pt. XXXX, 
§2, is repealed. 
Sec. 3. 20-A MRS A §1, sub-§24-B, as enacted by PL 2007, c. 240, Pt. XXXX, 
§3, is repealed. 
Sec. 4. 20-A MRS A §1, sub-§24-C, as enacted by PL 2007, c. 240, Pt. XXXX, 
§4, is repealed. 
Sec. S. 20-A MRS A §1, sub-§26, as repealed and replaced by PL 2007, c. 668, 
§ 1, is repealed and the following enacted in its place: 
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 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. 
Sec. 6. 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. 
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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; 
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 secondaIY 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) Fonned on or before, and operating on April 1, 1957. 
Sec. 7. 20-A MRS A §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 joint 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. 
A. The notice shall be in writing and sent by registered or celiified mail, retUI11 
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 1/2 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 repOli 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 ioint 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 13 0 1; and 
(4) Determine the date when all the municipalities in the proposed district shall 
vote on the aIiicles 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 repOli describing the number of 
directors and the representation from each municipality. They shall sign and forward 
that report to the state board. 
5. 
Calling municipal elections. If the state board finds the repOli 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. 
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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. 
A. "Article ..... : To see if the municipality will vote to join with the municipalities of 
(naming them) to fOim 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. 
Aliicle ..... : 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)" 
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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. 
8. 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. 
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. 8. 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 
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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 ........ " 
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 secretalY 
of the state board, shall be fi led 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. 9. 20-A MRS A §1204, as repealed by PL 2007, c. 240, Pt. XXXX, §9, is 
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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 oflhe 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, 
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. 10. 20-A MRS A §120S, 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 fmiher 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 cotenninous 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 datc 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 transfened to the school administrative district. 
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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. 11. 20-A MRSA §130S-C, as amended by PL 2007, c. 668, §2 and affected 
by §55, is repealed. 
Sec. 12. 20-A MRSA c. 103, sub-c. 6, as repealed by PL 2007, c. 240, Pt. 
XXXX, § 12, is reenacted to read: 
SUBCHAPTER 6 
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 altemate 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 meeting. 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 meeting. 
If the board of directors finds that the vote was in the 
affirmative, the board shall call a district referendum within 45 days in accordance with 
sections 1351 to 1354 to vote on the following article. 
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 ...... 7 
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 finding. 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. 
B. 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 celiificate shall be conclusive evidence 
of the admission of that municipality to the school administrative district. 
§1402. Combining of districts 
If one school administrative district wishes to join with another school administrative 
district, the following procedure shall be used. 
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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. Meeting. 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.) 
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 secretalY 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 certif:chl\:: shaH be fiied 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 of a 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 of the 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 
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, t!i0 group filing the petition; and one member fi'om 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. 
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(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 io 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. 
(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 assignm~nt 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 monetmy 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 aliicle 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 fOIih 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 pJ:Q])osed 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 comm issioner. 
D. If the commissioner recommends changes he shall: 
(1) Send the agreement back to the committee for necessary corrections; 
(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 hours. 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 hearing; voting procedures. The following requirements apply to the 
voting procedures. 
A. 
At least 10 days before the election, a posted or otherwise advel1ised public 
hearing on the dissolution question shall be held by the municipal officers. 
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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 ............. ? 
Yes ..... No ...... " 
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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 ma.nner 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 
B. A district vote on a dissolution agreement if the agreement received less than 45% 
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of the votes cast. 
10. Costs of dissolution agreements. 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, celiify the total 
number of votes cast in the affirmative and the total number of votes cast in the negative 
on the aliicle to the board of directors. 
12. 
Determination of results; notification of commissioner; execution of 
agreement. 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 aIiicle. 
B. The board of directors shall notify the commissioner by registered mail or bv 
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; checldists 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 agreement; 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. 
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. 
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§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 reguired. If the commissioner is petitioned pursuant to the authority of 
subsection 1, 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 ..... " 
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; 
C. Wherever there is reference in sectilln 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. 
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B. 
If the COlTIImSSIOner finds that it is impractical for the rema1l1I11g 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 m1icle to the voters at a district 
meeting called in accordance with sections 13 51 to 1354. 
"Aliicle ...... : 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 aDprove the m1icle by a majority vote of those voting and present, 
then the rest of the dissolution process set forth in section 1403 shall apply except: 
(I) 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 
@presentative 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 property. 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 
propeliy to the municipality following withdrawal. 
The board of directors shall 
determine that the district's educational program shall not be disrupted solely because of 
the transfer of any given propeliy 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 agreement. 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 oftime 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 fOl1h 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. Outstanding 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 pali of the district from 
which it was detached for the pumose of any outstanding indebtedness incurred 
subsequent to the date of the certificate of transfer. 
§1407. Closing an elementary school 
1. Vote; cost 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 13 54. 
"Article ........... : Shall the board of directors of School Administrative District No. 
......... be authorized to close .......................................................... (name of schoo!)? 
Yes ..... No ...... " 
(The election must be conducted only within that member municipality, and the costs 
of the election are borne by the district.) 
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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 detelmination 
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 
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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 
elementaIY 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. 
§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 carlY out this subchapter. 
Sec. 13. 20-A MRS A c. 103-A, as amended, is repealed. 
Sec. 14. 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 perfOlID 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 organizatiofl. 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 w~ich 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. 
(1) 
"Article ... : To see if the town will vote to authorize the .................. . 
Community School District to change its name to ....................... Community 
School District." 
(2) 
"Article ... : 
To see if the town will vote to authorize the ................. . 
Community School District to be responsible for the operation of grades 
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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 aJticles, then the community school district shall 
be reorganized accordingly. 
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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. 15. 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 schooi district 
and all teachers shall automatically be assigned to the community school district and 
the district shaH 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 budget. 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. 
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. 16. 20-A MRSA §1701-C, as amended by PL 2007, c. 668, §26 and affected 
by §55, is repealed. 
Sec. 17. 20-A MRS A §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 establ ishing 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 of 2 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 of 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. 18. 20-A MRS A §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 
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. 
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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 patts, 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 SUppOit 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 salaty 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 cettify 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 supervisOly needs. 
Sec. 19. 20-A MRS A §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. 20. 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 affinnative vote acting under an appropriate article at a regular or 
special town meeting or city election. 
Sec. 21. 20-A MRSA §2303, as amended by PL 2007, c. 668, §27, is repealed. 
Sec. 22. 20-A MRS A §2307, as amended by PL 2007, c. 668, §28 and affected by 
§55, is repealed. 
Sec. 23. 20-A MRSA c. 114, as amended, is repealed. 
Sec. 24. 20-A MRSA §4102, last 91, as enacted by PL 2007, c. 240, Pt. XXXX, 
§23, is repealed. 
Sec. 25. 20-A MRSA §5203, sub-§4, as repealed and replaced by PL 2007, c. 
668, §29, is repealed and the following enacted in its place: 
4. Exception; no elementalY school. Elementmy students whose parents reside in a 
unit that neither maintains an elementary school nor contracts for elementalY school 
privileges may attend a private school approved for tuition purposes or a public school in 
an adjoining unit in the State or in a neighboring state that accepts tuition students. The 
school administrative unit where the students' parents reside shall pay tuition and 
transpOliation. 
Sec. 26. 20-A MRSA §5204, sub-§4, as amended by PL 2007, c. 668, §30, is 
fUliher amended to read: 
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4. No secondary school. A school administrative Secondary students whose parents 
reside in a unit that neither maintains a secondary school nor contracts for secondary 
school privileges pursuant to chapter 115 shall pay the tuition, in accordance 'ivith chapter 
219, at the public school or the approved private school of the parent's choice at '""hich 
the student is accepted may attend a private school approved for tuition purposes, a public 
school in an adjoining unit that accepts tuition students or a school armroved for tuition 
purposes in another state or countly upon permission of officials of the receiving school. 
The school administrative unit where the students' parents reside shall pay tuition in the 
amount up to the legal tuition rate as defined in chapter 219. 
Sec. 27. 20-A MRSA §6051, sub-§l, ';fe, as amended by PL 2007, c. 668, §31, 
is further amended to read: 
C. A determination of whether or not the annual financial Elata report submitted to 
the department is correct; 
Sec. 28. 20-A MRS A §6051, sub-§4, as amended by PL 2007, c. 668, §32, is 
further amended to read: 
4. Initial report to commiSSIOner. On or before November December 1st, 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 Elata report 
submitted to the department is correct, including submission of an audited 
reconciliation of the annual financial Elata report 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. 29. 20-A MRSA §6051, sub-§6, as amended by PL 2007, c. 668, §33, is 
further amended to read: 
6. Report to commissioner. Within {} 2 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. 30. 20-A MRSA §15672, sub-§25-A, as enacted by PL 2007, c. 668, §35, is 
repealed. 
Sec. 31. 20-A MRSA §15680, sub-§l, ';fA, as amended by PL2007, c. 240, Pt. 
XXXX, §25, is further amended to read: 
A. System administration. The per-pupil amount for "system administration" is the 
actual system administration expenditures, as defined in the State's accounting 
handbook for local school systems, for the most recent year available excluding 
expenditures for leases and the purchase of land and buildings, less revenues to 
system administration for services to other governments and refunds from a statewide 
school management association, divided by the average October and April enrollment 
counts for that fiscal year and then inflated to an estimated allocation year level by a 
10-year average increase in the Consumer Price Index or other comparable index7 
Beginning in school year 2008 2009, this per pupil amount must be based on school 
year 2005 2006 system administration expenditures then reduced by 50% and 
inflated to an estimated allocation year level by a 10 year average increase in the 
Consnmer Price Tndex or other comnarahle index; 
Sec.3Z. ZO-A MRSA §15680, sUllb-§l, ~, as amended by PL 2007, c. 240, Pt. 
XXXX, §26, is further amended to read: 
B. Operation and maintenance of plant. The per-pupil amount for "operation and 
maintenance of plant" is the actual operation and maintenance of plant expenditures, 
as defined in the State's accounting handbook for local school systems, for the most 
recent year available excluding expenditures for leases and the purchase of land and 
buildings, divided by the average October and April enrollment counts for that fiscal 
year and then inflated to an estimated allocation year level by a 10-year average 
increase in the Consumer Price Index or other comparable index. Fol' school year 
2008 2009. the resultinlZ per pupil amount must be reduced bv 5%; 
Sec. 33. ZO-A MRSA §15681-A, sUllb-§Z-A, as enacted by PL 2007, c. 240, Pt. 
XXXX, §27, is repealed. 
Sec. 34. ZO-A MRS A §15681-A, sUllb-§3-A, as enacted by PL 2007, c. 240, Pt. 
XXXX, §28, is repealed. 
Sec. 35. ZO-A MRS A §15688, sub-§Z, as amended by PL 2007, c. 240, Pt. 
XXXX, §29, is further amended to read: 
2. 
Member municipalities in school administrative districts or community 
school districts; total costs. 
For each municipality that is a member of a school 
administrative district, or community school district or regional school unit, the 
commissioner shall annually determine each municipality's total cost of education. A 
municipality's total cost of education is the school administrative district's, or community 
school district's or regional school unit's total cost of education mUltiplied by the 
percentage that the municipality's most recent calendar year average pupil count is to the 
school administrative district's, or community school district's or re~ional school unit's 
most recent calendar year average pupil count. 
Sec. 36. ZO-A MRS A §15688, sub-§3-A, as amended by PL 2007, c. 668, §§36 
and 37, is fmiher 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 
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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. Except as provided in paragraph B 1, for For a school administrative district, or 
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: 
(1) 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 ofthe municipality: 
C. 
For a school administrative district, or 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). 
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. 37. 20-A MRSA §15689, sub-§l-B, as enacted by PL 2007, c. 668, §38, is 
repealed. 
Sec. 38. 20-A MRSA §15690, sub-§l, CjlB, as amended by PL 2007,c. 240, Pt. 
XXXX, §31, is further amended to read: 
B. For a school administrative district, or a community school district or a regional 
school unit, an aI1icie in substantially the following form must be used when the 
school administrative district, or community school district or regional school unit is 
considering the appropriation of an amount up to its required contribution to the total 
cost of education as described in section 15688. 
(1) "Al1icle .... : To see what sum the district will appropriate for the total cost of 
funding public education from kindergarten to grade 12 as described in the 
Essential Programs and Services Funding Act and to see what sum the district 
will raise and assess as each municipality's contribution to the total cost of 
funding public education from kindergarten to grade 12 as described in the 
Essential Programs and Services Funding Act in accordance with the Maine 
Revised Statutes, Title 20-A, section 15688 (Recommend amount set forth 
below): 
Total Appropriated (by municipality): 
Town A ($amount) 
Town B ($amount) 
Town C ($amount) 
School District 
Total Appropriated 
($sum of above) 
Total raised (district assessments 
by municipality): 
Town A ($amount) 
Town B ($amount) 
Town C ($amount) 
School District 
Total Raised 
($sum of above)" 
(2) The following statement must accompany the article in subparagraph (1). 
"Explanation: The school administrative unit's contribution to the total cost of 
funding public education from kindergal1en to grade 12 as described in the 
Essential Programs and Services Funding Act is the amount of money determined 
by state law to be the minimum amount that the district must raise and assess in 
order to receive the full amount of state dollars." 
Sec. 39. 20-A MRSA §15691-A, as enacted by PL 2007, c. 240, Pt. XXXX, §32, 
is repealed. 
Sec. 40. 20-A MRSA §15696, as amended by PL 2007, c. 668, §§39 to 41 and c. 
695, Pt. A, §23, is repealed. 
Sec. 41. 20-A MRSA §15755, as repealed by PL 2007, c. 240, Pt. XXXX, §34, is 
reenacted to read: 
§15755. Entitlement 
The State's school administrative units and municipalities are entitled to the 
appropriations required by this chapter. 
Sec. 42. 20-A MRSA §15904, sub-§3-A, as enacted by PL 2007, c. 240, Pt. 
XXXX, §35, is repealed. 
Sec. 43. PL 2007, c. 240, Pt. XXXX, §36, as amended by PL 2007, c. 668, §§42 
to 48, is repealed. 
Sec. 44. PL 2007, c. 240, Pt. XXXX, §37 is repealed. 
Sec. 45. PL 2007, c. 240, Pt. XXXX, §38 is repealed. 
Sec. 46. PL 2007, c. 240, Pt. XXXX, §39 is repealed. 
Sec. 47. PL 2007, c. 240, Pt. XXXX, §40 is repealed. 
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Sec. 48. PL 2007, c. 240, Pt. XXXX, §41 is repealed. 
Sec. 49. PL 2007, c. 240, Pt. XXXX, §42, as amended by PL 2007, c. 668, §49, 
is repealed. 
Sec. 50. PL 2007, c. 240, Pt. XXXX, §43, as amended by PL 2007, c. 668, §§50 
to 53, is repealed. 
Sec. 51. PL 2007, c. 240, Pt. XXXX, §44 is repealed. 
Sec. 52. PL 2007, c. 240, Pt. XXXX, §45 is repealed. 
Sec. 53. PL 2007, c. 240, Pt. XXXX, §46 is repealed. 
Sec. 54. PL 2007, c. 240, Pt. XXXX, §47 is repealed. 
Sec. 55. PL 2007, c. 240, Pt. XXXX, §48 is repealed. 
Sec. 56. PL 2007, c. 668, §54 is repealed. 
Sec. 57. PL 2007, c. 668, §55 is repealed. 
Sec. 58. Report; additional necessary legislation. No later than March 30, 
2009, the Commissioner of Education shall submit to the Joint Standing Committee on 
Education and Cultural Affairs a report that contains recommendations and any proposed 
legislation necessary to fully repeal the provisions governing the reorganization of school 
administrative units into regional school units found in Public Law 2007, chapter 240, 
PaIt XXXX and as those provisions were affected by Public Law 2007, chapter 668. The 
proposed legislation must also address any obsolete cross-references in the law. 
Following receipt and review of the initial repmt, the Joint Standing Committee on 
Education and Cultural Affairs shall submit a bill to the First Regular Session of the 
124th Legislature. 
Emergency clause. 
In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
SUMMARY 
This bill repeals the laws related to the consolidation of school administrative units 
that were enacted by the First Regular Session of the 123rd Legislature in Public Law 
2007, chapter 240, Part XXXX and repeals changes made by Public Law 2007, chapter 
668. The bill also restores the laws that were amended or repealed to accommodate the 
consolidation.