An Act To Make the Consolidation of School Administrative Units Voluntary and To Eliminate the Penalties for Units That Choose Not To Consolidate
Maine Legislature, Session 125, LD 0268
Committee: Education and Cultural Affairs
Sponsors: MacDONALD, TRAHAN, McKANE
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. 268 
H.P. 221 
House of Representatives, February 1, 2011 
An Act To Make the Consolidation of School Administrative Units 
Voluntary and To Eliminate the Penalties for Units That Choose Not 
To Consolidate 
Reference to the Committee on Education and Cultural Affairs suggested and ordered 
printed. 
HEATHER J.R. PRIEST 
Clerk 
Presented by Representative MacDONALD of Boothbay. 
Cosponsored by Senator TRAHAN of Lincoln and 
Representative: McKANE of Newcastle. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  20-A MRSA §1461, sub-§1, as enacted by PL 2007, c. 240, Pt. XXXX, 
§13, is amended to read: 
1.  Notice of intent.  Each school administrative unit that chooses to join in the 
formation of a regional school unit shall file with the commissioner a notice of intent to 
engage in planning and negotiations with other school administrative units for the 
purpose of developing a reorganization plan to form a regional school unit under this 
chapter.  The commissioner shall respond to each notice of intent providing information 
regarding the process and whether the intended action complies with the requirements of 
this chapter.  A school administrative unit is not required to join in the formation of a 
regional school unit or to join a regional school unit. 
Sec. 2.  20-A MRSA §1461, sub-§3, as amended by PL 2009, c. 580, §§3 and 4, 
is further amended to read: 
3.  Submission of plans.  Each school administrative unit that chooses to consolidate 
shall submit to the commissioner its proposed reorganization plan for consolidation into a 
regional school unit that meets the requirements of paragraphs A and B. 
A.  A reorganization plan must include: 
(1)  The units of school administration to be included in the proposed reorganized 
regional school unit; 
(2)  The size, composition and apportionment of the governing body; 
(3)  The method of voting of the governing body; 
(4)  The composition, powers and duties of any local school committees to be 
created; 
(5)  The disposition of real and personal school property; 
(6)  The disposition of existing school indebtedness and lease-purchase 
obligations if the parties elect not to use the provisions of section 1506 regarding 
the disposition of debt obligations; 
(7)  The assignment of school personnel contracts, school collective bargaining 
agreements and other school contractual obligations; 
(8)  The disposition of existing school funds and existing financial obligations, 
including undesignated fund balances, trust funds, reserve funds and other funds 
appropriated for school purposes; 
(9)  A transition plan that addresses the development of a budget for the first 
school year of the reorganized unit and interim personnel policies; 
(10)  Documentation of the public meeting or public meetings held to prepare or 
review the reorganization plan; 
(11)  An explanation of how units that approve the reorganization plan will 
proceed if  one or more of the proposed members of the regional school unit fail 
to approve the plan; 
(12)  An estimate of the cost savings to be achieved by the formation of a 
regional school unit and how these savings will be achieved; and 
(13)  Such other matters as the governing bodies of the school administrative 
units in existence on the effective date of this chapter may determine to be 
necessary. 
B.  In order for the plan to be approved by the commissioner, the governing bodies of 
school administrative units shall work within the following parameters. 
(1)  The proposed regional school unit must serve not fewer than 2,500 students, 
including, for purposes of this paragraph, students attending from the 
unorganized territory, except where circumstances relating to the following 
factors justify an exception: 
(a)  Geography, including physical proximity and the size of the current 
school administrative unit; 
(b)  Demographics, including student enrollment trends and the composition 
and nature of communities in the regional school unit; 
(c)  Economics, including existing collaborations to be preserved or enhanced 
and opportunities to deliver commodities and services to be maximized; 
(d)  Transportation; 
(e)  Population density; or 
(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. 
When circumstances justify an exception to the size requirement set forth in this 
subparagraph of 2,500 students, the unit must serve as close to 2,500 students as 
possible and in no case, except for coastal islands and schools operated by tribal 
school committees, may it serve fewer than 1,200 students, including, for 
purposes of this paragraph, students attending from the unorganized territory. 
(2)  The plan must provide comprehensive programming for all students from 
kindergarten to grade 12 and must include at least one publicly supported 
secondary school. 
(3)  The plan must be consistent with the policies set forth in section 1451. 
(4)  The plan may not displace teachers or students or close any schools existing 
and operating during the school year immediately preceding reorganization, 
except as permitted under section 1512. 
(5)  The plan must address how the school administrative unit will reorganize 
administrative functions, duties and noninstructional personnel so that the 
projected expenditures of the reorganized school administrative unit in the first 
year of operation during the school year immediately following reorganization 
for system administration, transportation, special education and facilities and 
maintenance will not have an adverse impact on the instructional program. 
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. 3.  20-A MRSA §1461-B, sub-§6, ¶A, as enacted by PL 2009, c. 580, §5, is 
repealed. 
Sec. 4.  20-A MRSA §1461-B, sub-§6, ¶B, as enacted by PL 2009, c. 580, §5, is 
repealed. 
Sec. 5.  20-A MRSA §1461-B, sub-§6, ¶C, as enacted by PL 2009, c. 580, §5, is 
repealed. 
Sec. 6.  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. 7.  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. 8.  20-A MRSA §1466, sub-§20, as enacted by PL 2009, c. 580, §9, is 
repealed. 
Sec. 9.  20-A MRSA §15696, as amended by PL 2009, c. 455, §1, is repealed. 
Sec. 10.  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. 11.  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. 12.  PL 2007, c. 240, Pt. XXXX, §44 is repealed. 
SUMMARY 
This bill amends the laws governing school administrative unit consolidation to make 
consolidation voluntary and to eliminate the penalties set forth for nonconforming school 
administrative units.