An Act To Amend the School Administrative Unit Consolidation Laws
Maine Legislature, Session 125, LD 0385
Committee: Education and Cultural Affairs
Sponsors: JOHNSON, THOMAS, CRAFTS, DAVIS, GUERIN, HARMON, KUMIEGA, MAKER, MALABY
Amends: 20-A MRSA §1461, 20-A MRSA §1461-B, 20-A MRSA §1465, 20-A MRSA §1466, 20-A MRSA §15696

Legislative Document 
No. 385 
H.P. 311 
House of Representatives, February 8, 2011 
An Act To Amend the School Administrative Unit Consolidation 
Laws 
(EMERGENCY) 
Reference to the Committee on Education and Cultural Affairs suggested and ordered 
printed. 
HEATHER J.R. PRIEST 
Clerk 
Presented by Representative JOHNSON of Greenville. 
Cosponsored by Senator THOMAS of Somerset and 
Representatives: CRAFTS of Lisbon, DAVIS of Sangerville, GUERIN of Glenburn, 
HARMON of Palermo, KUMIEGA of Deer Isle, MAKER of Calais, MALABY of Hancock, 
McFADDEN of Dennysville. 
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, school districts have exhausted all reasonable alternatives for 
consolidation; and 
Whereas, these school districts are being penalized by the State for not complying 
with the consolidation laws; 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 MRSA §1461, sub-§3, ¶C, as enacted by PL 2009, c. 580, §4, is 
amended to read: 
C.  Notwithstanding paragraph B, subparagraph (1), the commissioner may approve: 
(1)  A regional school unit to serve fewer than 1,200 students but not less than 
1,000 students in an isolated rural community, including, for purposes of this 
paragraph, students attending from the unorganized territory, if the proposed 
regional school unit meets at least one of the following criteria: 
(a)  The proposed regional school unit comprises 3 or more school 
administrative units in existence prior to July 1, 2008; 
(b)  The member municipalities of the proposed regional school unit are 
surrounded by approved regional school units or alternative organizational 
structures and there are no other school administrative units available to join 
the proposed regional school unit; or 
(c)  The member municipalities of the proposed regional school unit include 
or more isolated small schools that are eligible for an isolated small school 
adjustment pursuant to section 15683, subsection 1, paragraph F; and 
(2)  The formation of a regional school unit if the governing body or bodies of the 
proposed regional school unit demonstrate, in the notice of intent under 
subsection 1, that all reasonable and practical means of satisfying the 
requirements of subparagraph (1) and paragraph B, subparagraph (1) have been 
exhausted, and that approval is warranted based on the unique or particular 
circumstances of the unit or units. 
In considering a request under this paragraph, the commissioner's decision must be 
based on, but is not limited to, the specific facts presented in the notice of intent and 
is applicable only to the specific school administrative units the decision concerns.  If 
the commissioner denies approval of a regional school unit under this paragraph, the 
commissioner's decision constitutes final agency action and is not subject to appeal to 
the state board. 
Sec. 2.  20-A MRSA §1461-B, sub-§6, ¶A, as enacted by PL 2009, c. 580, §5, is 
repealed. 
Sec. 3.  20-A MRSA §1461-B, sub-§6, ¶B, as enacted by PL 2009, c. 580, §5, is 
repealed. 
Sec. 4.  20-A MRSA §1461-B, sub-§6, ¶C, as enacted by PL 2009, c. 580, §5, is 
repealed. 
Sec. 5.  20-A MRSA §1465, sub-§3, as enacted by PL 2007, c. 240, Pt. XXXX, 
§13, is amended to read: 
3.  Referendum for a school administrative unit to join an existing regional 
school unit.  The municipal officers of each municipality in a proposed reorganized 
school administrative unit shall place a warrant article substantially as follows on the 
ballot of a municipal referendum in accordance with the referendum procedures 
applicable to the school administrative unit of which the municipality is a member. 
"Article:  Do you favor approving the school reorganization plan prepared by the 
(insert name) Reorganization Planning Committee for school administrative unit 
(insert name of affected school administrative unit) to join the regional school unit 
(name of regional school unit), with an effective date of (insert date)? 
Yes No" 
The following statement must accompany the article: 
"Explanation: 
A "YES" vote means that you approve of the (municipality or school 
administrative unit) joining the proposed regional school unit.  The financial 
penalties under the Maine Revised Statutes, Title 20-A, section 15696 to the 
existing school administrative unit will no longer apply to the proposed regional 
school unit." 
Sec. 6.  20-A MRSA §1465, sub-§4, as enacted by PL 2007, c. 240, Pt. XXXX, 
§13, is amended to read: 
4.  Referendum on the admission of an additional school administrative unit to 
an existing regional school unit.  If the vote to join a regional school unit under 
subsection 3 was in the affirmative, the existing regional school unit shall call a regional 
school unit referendum to vote on the following article. 
"Article:  Do you favor approving the school reorganization plan prepared by the 
(insert name) Reorganization Planning Committee for school administrative unit 
(insert name of affected school administrative unit) to join the regional school unit 
(name of regional school unit), with an effective date of (insert date)? 
Yes No" 
The following statement must accompany the article: 
"Explanation: 
A "YES" vote means that you approve of the (municipality or school 
administrative unit) joining the proposed regional school unit.  The financial 
penalties under the Maine Revised Statutes, Title 20-A, section 15696 to the 
existing school administrative unit will no longer apply to the proposed regional 
school unit." 
Sec. 7.  20-A MRSA §1466, sub-§20, as enacted by PL 2009, c. 580, §9, is 
repealed. 
Sec. 8.  20-A MRSA §15696, as amended by PL 2009, c. 455, §1, is repealed. 
Sec. 9.  PL 2007, c. 240, Pt. XXXX, §36, sub-§11, as amended by PL 2009, c. 
571, Pt. VVV, §1, is further amended to read: 
11.  Result of disapproval at January 2008 referendum or subsequent 
referendum on or before January 30, 2009.  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 reorganization date. 
B.  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, including those school 
administrative districts that are reformulated under subsection 12.  These penalties do 
not apply to any school administrative unit that implements a reorganization plan by 
July 1, 2011 in accordance with subsection 11-A. 
Sec. 10.  PL 2007, c. 240, Pt. XXXX, §36, sub-§11-A, as amended by PL 2009, 
c. 571, Pt. VVV, §2, is further amended to read: 
11-A.  Result for school administrative unit that approves plan at referendum on 
or before January 30, 2010 but is unable to implement plan.  A school administrative 
unit that approves a proposed reorganization plan at the January 15, 2008 referendum or 
at a subsequent referendum on or before January 30, 2010 but is unable to implement the 
plan because the plan was rejected at referendum by one or more of its proposed partner 
school administrative units under the plan 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, 2011 reorganization date. 
B.  The penalties set forth in Title 20-A, section 15696 apply, as of July 1, 2011, to 
any school administrative unit that fails to approve a reorganization plan on or before 
January 30, 2011 and to implement that plan by July 1, 2011. 
Sec. 11.  PL 2007, c. 240, Pt. XXXX, §44 is repealed. 
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
SUMMARY 
This bill amends the laws governing school administrative unit reorganization to 
eliminate the penalties set forth for nonconforming school administrative units.  The bill 
also eliminates the provision that gives the Commissioner of Education final approval of 
a regional school unit, including an alternative organizational structure, and eliminates 
the requirement that a school after leaving an alternative organizational structure must 
join a conforming school administrative unit within 2 years.