Resolve, To Conduct a Review of the Roles and Functions of the Department of Education and of Certain Mandates
Maine Legislature, Session 125, LD 1430
Committee: Education and Cultural Affairs
Sponsors: GOODE, FARNHAM

Legislative Document 
No. 1430 
H.P. 1051 
House of Representatives, April 7, 2011 
Resolve, To Conduct a Review of the Roles and Functions of the 
Department of Education and of Certain Mandates 
(EMERGENCY) 
Reference to the Committee on Education and Cultural Affairs suggested and ordered 
printed. 
HEATHER J.R. PRIEST 
Clerk 
Presented by Representative GOODE of Bangor. 
Cosponsored by Senator FARNHAM of Penobscot. 
Emergency preamble.  Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, this legislation establishes a stakeholder group to conduct a review of the 
roles and functions of the Department of Education; and 
Whereas, the review must be initiated before the 90-day period expires in order that 
the review may be completed and a report submitted in time for submission to the next 
legislative session; 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 
Sec. 1.  Stakeholder group established.  Resolved:  That the stakeholder group 
to conduct a review of the roles and functions of the Department of Education, referred to 
in this resolve as "the stakeholder group," is established; and be it further 
Sec. 2.  Stakeholder group membership.  Resolved:  That the stakeholder 
group consists of 13 members.  The Commissioner of Education or the commissioner's 
designee and the chair of the State Board of Education or the chair's designee are 
members of the stakeholder group.  Other members of the stakeholder group are 
appointed as follows: 
1.  The President of the Senate shall appoint the following 3 members: 
A.  Two members of the Senate serving on the Joint Standing Committee on 
Education and Cultural Affairs, one from each of the 2 political parties having the 
greatest number of members in the Senate; and 
B.  One person representing the Maine Administrators of Services for Children with 
Disabilities; and 
2.  The Speaker of the House of Representatives shall appoint the following 8 
members: 
A.  Four members of the House of Representatives serving on the Joint Standing 
Committee on Education and Cultural Affairs, 2 from each of the 2 political parties 
having the greatest number of members in the House; 
B.  One person representing the Maine School Superintendents Association; 
C.  One person representing the Maine School Boards Association; 
D.  One person representing the Maine Education Association; and 
E.  One person representing the Maine Principals' Association; and be it further 
Sec. 3.  Chairs.  Resolved:  That the first-named Senate member is the Senate 
chair and the first-named House of Representatives member is the House chair of the 
stakeholder group; and be it further 
Sec. 4.  Appointments; convening of stakeholder group.  Resolved:  That all 
appointments must be made no later than 30 days following the effective date of this 
resolve.  The appointing authorities shall notify the Executive Director of the Legislative 
Council once all appointments have been completed.  After appointment of all members, 
the chairs shall call and convene the first meeting of the stakeholder group.  If 30 days or 
more after the effective date of this resolve a majority of but not all appointments have 
been made, the chairs may request authority and the Legislative Council may grant 
authority for the stakeholder group to meet and conduct its business; and be it further 
Sec. 5.  Duties.  Resolved:  That the stakeholder group shall conduct a review of 
the roles and functions of the Department of Education and of unfunded and underfunded 
mandates and develop recommendations to change, as necessary, the roles and functions 
of the department and to alleviate the problem of unfunded and underfunded mandates; 
and be it further 
Sec. 6.  Staff assistance.  Resolved:  That the Legislative Council shall provide 
necessary staffing services to the stakeholder group; and be it further 
Sec. 7.  Report.  Resolved:  That, no later than December 7, 2011, the stakeholder 
group shall submit a report that includes its findings and recommendations, including 
suggested legislation, to the Joint Standing Committee on Education and Cultural Affairs.  
The Joint Standing Committee on Education and Cultural Affairs may introduce a bill on 
matters relating to the report to the Second Regular Session of the 125th Legislature. 
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
SUMMARY 
This resolve establishes a stakeholder group to conduct a review of the roles and 
functions of the Department of Education and of unfunded and underfunded mandates.  
The stakeholder group is required to prepare and submit a report to the Joint Standing 
Committee on Education and Cultural Affairs by December 7, 2011.