Maine Legislature, Session 124, LD 1203
Committee: Education and O
Sponsors: SUTHERLAND, ALFOND, FINCH, LOVEJOY, NELSON
Amends: 20-A MRSA §15696

MAINE STATE LEGISLATURE 
The following document is provided by the 
LAW AND LEGISLATIVE DIGITAL LIBRARY 
at the Maine State Law and Legislative Reference Library 
http://legislature.maine.gov/lawlib 
Reproduced from scanned originals with text recognition applied 
(searchable text may contain some errors and/or omissions) 
n 
Ii 
~) 
" ,. 'rE- ( :: '\,'.,,1 i ::-'-"f', :,, ~",' 
,"', i; ;..6 DO 
-
b r,; [Ii j ;,[", ... t' '" .. ;< . 
~"'l 
U-t. 
~ 
c::..~\:.~. (. 
!,;_ 
t 
I 
lA, 'U',l"YlU' ~T 
A 
Ic, r; i ' ,~~ ,'!= 
ii: ':~ '\J H, iVlfidv~i: 
'i24th MAINE LEGISLATURE, 
FIRST REGULAR SESSIOl"~-2009 
Legislative Document 
H.P.828 
House ofR,epresentatives, 
An Ad TOAllow Certain Scho'ol Units To Reorganize without 
MeetinglVHnimum Stude'nt Popuiation Requirements without Being 
Penalized 
(EMERGENCY) 
No. 1203, 
26,2009 
Reference to the Committee on Education and O.lltural Affairs s~lggested and ordered 
,printed. 
Presented by Representative SUTHERLAND of Chapman. 
Cosponsored by Senator ALFOND of Cumberland and 
77l~ 
1?1.17!tU~{ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: FINCH of Fairfield; JOHNSON of Greenville, LOVEJOY of Portland, 
McFADDEN of Dennysville, NELSON of Falmouth ... 
Printed Ull recycled p::Jper 
I 
Emergency preamble. Whereas, acts and resolves of the Legislature do not· 
become effective until.90 days after adjournment unless enacted as emergencies; an~ 
. 
Whereas, approved school reorganization plans and alternative plans have left 
certain school adminIstrative units no opportunity to participate in a contiguous regional 
. school unit or alternative organizational structure; and 
. 
Whereas, certain school administrative units that are not able to participate in a 
contiguous regional school unit or alternative organizational structure may nonetheless be 
subject to statutory penalties; and 
Whereas, in the judgme!lt 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 ohbe State of Maine ~s follows: 
Sec. 1. 20-A MRSA§1461, sub-§3, CUB; as enacted byPL 2007, c. 240,Pt. 
XXXX, § 13, is amended to read: 
. 16 
B. In order for the plan to be approved by the corrunissioner, the governing bodies of . 
school administrative units shall work within the following parameters. 
(1) The proposed' regional school unit must serve not fewer than 2,500 students, 
except where circumstances relating to the following factors justify an exception: 
(a) Geography, including physical proximity and the size of the current 
school administrative unit; 
(b) Demographics, including student enrollment trends and the composition 
and nature of communities in the regional school unit; 
( c) Economics, including existing collaborations to be preserved or enhanced 
and opportunities to deliver commodities and services to be maxiriilzed; 
(d) Transportation; 
( e) PopUlation density; eF 
(f) Other unique circumstances including the need to preserve existing or 
developing relationships, meet the needs of students, maximize educational 
opportunities for students and ensure equitable access to rigorous programs 
for all students • .;..Qt 
(g) An unsuccessful prior attempt to reorganize into a regional school unit 
that meets' minimum student population requirements. 
' 
When' circumstances justify an exception to the size requirement of 2,500 
students, the unit must serve as close to 2,500 students as possible and in no case, 
except for coastal islands iHld.1 schools operated by tribal school corrunittees and 
units that h~lVe been unsuccessful in reorganizing into a regional school unit that 
Page I -124LRI1l3(OI)-1 
) 
) 
) 
n 
. ( 
'---') 
. . 
, 
meets ininimum student population reg uireITient s, may it serve fewer than 1,200 
's14dents.' 
, 
, 
.. (2) The plan must provide comprehensive programming for aU students from 
kindergarten to grade 12 and must include at least one publicly supported 
secondary schooL' 
(3) The plan must be consistent with the policies se~ forth ip section 1451. 
(4) The pian may not displace teachers' or students or close any schools ex~.)ting 
and operating during the school year immediately preceding reorganization, 
except as pennitted under section 1512. 
0 
~ec. 2. 20-A MRSA §15696, as amended by PL 2007, c .. 668, §§39 to 41 and c. 
695; Pc A, §23, is·further amended to read: 
' 
§ 15696. Penalties for nonconforming school administrative units 
L 
Authorized adjustments. Notwithstanding any other provision of this Title, 
except for school administrative units that file alternative plans pursuant to Public Law 
2007, chapter 240, Part XXXX, section 36, subsection 2-A, the 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 confonning school admiriistrative 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 adnlinistration under. section 15680, subsection 1, 
paragraph A by half; 
C. The school administrative unit is not eligible for a transition adjustment under 
section 15686 or any 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 of 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 contribution to meet the local share of education costs established 
pursuant to section 15688, subsection 3-A. 
Sec. 3~ PL 2007, c. 240, Pt. XXXX, §36, sub-§2-A is enacted to re.1d; 
2-A. Unsuccessful prior reorganization attempt. Notwithstanding subsection 2, 
paragraph B, a school administrative Uilit that has been unsuccessful in reorganizing into 
a regional s'chool unit that meets minimum student population requirements may file a 
, 35 
notice of intent to submit an alternative plan. 
' 
Sec. 4. PL 2007, c. 240, Pt. XXXX, §36, sub-§6, EjfA is amended to read: 
A. The proposed regional school unit must serve not fewer than 2,500 students, 
exceptwhere circumstances relating to the following factors justify an exception: 
·10 
(1) Geography, including physical proximity and the size of the current school 
administrative unit; 
(2) Demographics, including student enrollment trends and the composition and 
nature of communities in the regional school unit; 
. 
. 
(3) Economics, including existing collaborations to be preserved or enhanced 
and opportunities to deliver commodities and services to be maximized; 
(4) Transportation; 
(5) Population density, including the rural nature of our communities; 
(6) 
Other unique circumstances including the need to preserve existing or 
developing relationships, meet the needs of students, inaximize educational 
opportunities for students and ensure equitable access to rigorous programs for 
all students; or 
(7) If, after performing due diligence to develop a regional plan that meets the 
2,500 students enrollment requirement, a school administrative unit is unable to 
. achieve the enrollment goal due to the decision of geographically proximate 
school administrative units' to participate in a different regional unit or a school 
administrative unit has been unsuccessful in reorganizing into a regional school 
unit that meets the enrollment requirement. 
When circumstances justify an exception to the requirement of 2,500 students, the 
unit must serve at least 1,200 students, except for offshore islands and schools 
operated by tribal school committees and units that· have been unsuccessful in 
reorganizing into a regional school unit that meets minimum student population 
requirements, 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: 
2611. Result of disapproval at January 2008 referendum. A school administrative 
unit that rejects a proposed reorganization plan at the January' 15, 2008 referendum or at a 
subsequent referendum on .or before January 30, 2009 may 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 reorgani:z;ation date. 
School 
. administrative units that file alternative plans pursuant to subsection 2-A are exempt 
from this requirement 
B. +he Except for school administrative units that file alternative plans pursuant to 
subsection 2-A, the 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 
legislatio~ takes effect when approved. 
) 
./ 
-) 
) 
(\ 
---"', 
( 
L) 
SUMMARY 
This bill authorizes school administrative units to submit alternative plans in 
situations when they have been unsuccessful in reorganizing into a regional school unit 
that meets minimum student population requirements. This bill also eliminates penalties 
that would otherwise apply to such school administrative units. 
P~ge 4 - 124LRU13(OI)-1