An Act To Amend Education Laws
Maine Legislature, Session 125, LD 1742
Committee Amendment CA_A_H757 (House)
Amends: 20-A MRSA §6051, 20-A MRSA §1466

COMMITTEE AMENDMENT ,,4 " to H.P. 1284, L.D. 1742, Bill, "An Act To 
Amend Education Laws" 
Amend the bill in Part A by inserting after section I the following: 
'Sec. A-2. 20-A MRSA §6051, sub-§l, ,H, as enacted by PL 2009, c. 571, Pt. E, 
§ 12, is amended to read: 
H. A determination of whether the school administrative unit has complied with 
budget content requirements pursuant to section 15693, subsection 1 and cost center 
summary budget format requirements pursuant to sections 1305-C, 1485, 1701-C and 
2307; anti 
Sec. A-3. 20-A MRSA §6051, sub-§l, ,., as enacted by PL 2009, c. 571, Pt. E, 
§ 13, is amended to read: 
I. 
A determination of whether the school administrative unit has exceeded its 
authority to expend funds, as provided by the total budget summary article7; and 
Sec. A-4. 20-A MRSA §6051, sub-§l, ,J is enacted to read: 
J. A determination of whether the school administrative unit has complied with the 
applicable provisions of the unexpended balances requirements established under 
section 15004.' 
Amend the bill in Part B in section 1 in subsection 4 in the 4th line (page 1, line 34 in 
L.D.) by striking out the following: "30" and inserting the following: '45' 
Amend the bill in Part E in section 1 in subsection 9 in the last line (page 3, line 34 in 
L.D.) by inserting after the following: "expense." the following: 'For the purposes of this 
subsection, "foreign exchange student" means a student who has been approved for a J-l 
visa to participate in the Exchange Visitor Program for secondary school students 
pursuant to the provisions of the federal Mutual Educational and Cultural Exchange 
Program under 22 United States Code, Chapter 33 and 22 Code of Federal Regulations, 
Section 62.25.' 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT·4" to H.P. 1284, L.D. 1742 
Amend the bill in Part H in section 1 in §81 0 I-A by striking out all of subsection 3 
and inserting the following: 
'3. Waivers. Beginning with the 2012-2013 school year, a school administrative unit 
that did not operate a gifted and talented program in the 2011-2012 school year may 
apply to the commissioner for a one-year waiver of this requirement if full 
implementation of this requirement presents an undue burden. The commissioner may 
grant a school administrative unit a waiver upon receipt of an application from the school 
administrative unit that includes the basis for the waiver request. Financial hardship is 
one criterion the commissioner must consider in determining whether to grant a waiver. 
The rules amended or adopted by the department under subsection 4 must establish 
requirements applicable to the commissioner's authority to grant a one-year waiver to a 
school administrative unit and must provide requirements for an extension of a one-year 
waiver granted to a school administrative unit, including provisions that require that any 
additional request for extensions must be submitted and reviewed on an annual basis. 
4. Rules. The department shall amend or adopt routine technical rules as defined in 
Title 5, chapter 375, subchapter 2-A establishing procedures and criteria for approval of 
gifted and talented education programs under this chapter.' 
Amend the bill by inserting after Part I the following: 
'PARTJ 
Sec. J-l. 20-A MRSA §1466, sub-§9, as enacted by PL 2009, c. 580, §9, is 
repealed and the following enacted in its place: 
9. Required vote. Before the municipality may withdraw from the regional school 
unit, the withdrawal agreement must be approved by a majority vote of those casting 
valid votes in the municipality, and the total number of votes cast for and against 
withdrawal at the municipal vote must equal or exceed 50% of the total number of votes 
cast in the municipality for Governor at the last gubernatorial election. 
This subsection is repealed January 1, 2015. 
Sec. J-2. 20-A MRSA §1466, sub-§9-A is enacted to read: 
9-A. Required vote; exception for a municipality of a school administrative 
district that was reformulated as a regional school unit. A 2/3 vote of those casting 
valid votes in the municipality is required before a municipality that is a member 
municipality of a school administrative district that was reformulated as a regional school 
unit pursuant to Public Law 2007, chapter 240, Part XXXX, section 36, subsection 12 
may withdraw from the regional school unit. 
This subsection is repealed January 1, 2015. 
Sec. J-3. 20-A MRS A §1466, sub-§9-B is enacted to read: 
9-B. Required vote. Beginning January 1, 2015 a 2/3 vote of those casting valid 
votes in the municipality is required before the municipality may withdraw from the 
regional school unit. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to H.P. 1284, L.D. 1742 
Sec. J-4. 20-A MRS A §1466, sub-§13, as enacted by PL 2009, c. 580, §9, is 
amended to read: 
13. Determination of results; execution of agreement. If the commissioner finds 
that a m majority of the voters voting on the article Rave has voted in the affirmative and 
the total number of votes cast for and against the article equal or exceed 50% of the total 
number of votes cast in the municipality for Governor at the last gubernatorial election, 
the commissioner shall notify the municipal officers and the regional school unit board to 
take steps for the withdrawal in accordance with the terms of the agreement for 
withdrawal. 
This subsection is repealed January 1, 2015. 
Sec. J-5. 20-A MRSA §1466, sub-§13-A is enacted to read: 
13-A. 
Determination of results; execution of agreement; effective date. 
Beginning January 1, 2015, if the commissioner finds that a 2/3 majority of the voters 
voting on the article has voted in the affirmative, the commissioner shall notify the 
municipal officers and the regional school unit board to take steps for the withdrawal in 
accordance with the terms of the agreement for withdrawal. 
PARTK 
Sec. K-l. 20-A MRS A §1511, as amended by PL 2011, c. 171, §4, is further 
amended to read: 
§ 1511. Supermajority vote to close school in the regional school unit 
A school operated within the regional school unit may not be closed for lack of need 
unless closure of the school is approved at a regular or special meeting of the regional 
school unit board by an affirmative vote of 2/3 of the elected membership or voting 
power of those serving on the regional school unit board at the time of the vote. A 
regional school unit must proceed in accordance with section 1512 for elementary schools 
or for secondary schools if the regional school unit has more than one secondary school. 
For regional school units with only one member municipality, section 1512 does not 
apply and the regional school unit must proceed in accordance with section 4102, 
subsection 4, paragraph B-1.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment is the majority report of the Joint Standing Committee on Education 
and Cultural Affairs. The amendment makes the following changes to the bill. 
1. It provides that the required annual audit of school administrative units must 
include a determination of whether the school administrative unit has complied with 
unexpended balances requirements established under the Maine Revised Statutes, Title 
20-A, section 15004. 
COMMITTEE AMENDMENT 
o~s 
~I 
COMMITTEE AMENDMENT "A "to H.P. 1284, L.D. 1742 
2. It requires that the regional school unit budget meeting occur within 45 days after 
the failure of a budget validation referendum. The bill requires that the regional school 
unit budget meeting must occur within a 30-day time period. 
3. It includes a definition of "foreign exchange student," with reference to federal 
laws and regulations, in the laws governing who is eligible to be counted as a resident 
student for state subsidy purposes. 
4. It provides that a school administrative unit that did not operate a gifted and 
talented program in the 2011-2012 school year may apply to the Commissioner of 
Education for a one-year waiver if full implementation of the requirement presents an 
undue burden. 
S. It provides that the rules amended or adopted by the Department of Education 
must establish the provisions applicable to the Commissioner of Education's authority to 
grant a one-year waiver to a school administrative unit that did not operate a gifted and 
talented program in the 2011-2012 school year. The rules must also address the 
commissioner's authority to review additional extension requests on an annual basis. 
6. It amends the requirement in current law that provides that a municipality may 
withdraw from a regional school unit only after a 2/3 vote approves a withdrawal 
agreement that is placed before the voters of the municipality in a municipal election. 
The amendment: 
A. Provides that a municipality may withdraw from a regional school unit only after 
the withdrawal agreement is approved by a majority vote of those casting valid votes 
in the municipality and the total number of votes cast for and against the withdrawal 
agreement equals or exceeds 50% of the total number of votes cast in the 
municipality for Governor at the last gubernatorial election. These requirements are 
repealed January 1, 2015, at which time the 2/3 vote requirement will be reinstated; 
and 
B. 
Provides an exception for a member municipality of a school administrative 
district that was reformulated as a regional school unit pursuant to Public Law 2007, 
chapter 240, Part XXXX, section 36, subsection 12 by continuing to require a 2/3 
vote of those casting valid votes in the municipality before the member municipality 
of the reformulated school administrative district may withdraw from the regional 
school unit. This requirement is repealed January 1,2015. 
7. It amends the supermajority vote needed to close a school within a regional school 
unit by providing that a school may not be closed for lack of need unless closure of the 
school is approved by an affirmative vote of 2/3 of the elected membership or voting 
power of those serving on the regional school unit board of directors at the time of the 
vote. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
State Mandates 
Required Activity 
Approved: 02/27112 
~ac:. 
LD 1742 
LR 2563(02) 
An Act To Amend Education Laws 
Fiscal Note ror Bill as Amended by Committee Amendment -f)" {H -757 ) 
Committee: Education and Cultural Affairs 
Fiscal Note Required: Yes 
Fiscal Note 
State Mandate - Unfunded 
Unit Affected 
Local Cost 
Requires local school administrative units to implement a gifted and talented 
education program. 
School 
Moderate 
statewide 
The required local activities in this bill may represent a State mandate pursuant to the Constitution of Maine. Unless 
General Fund appropriations are provided to fund at least 90% of the additional costs or a Mandate Preamble is 
amended to the bill and two-thirds of the members of each House vote to exempt this mandate from the funding 
requirement, municipalities may not be required to implement these changes. 
Fiscal Detail and Notes 
Additional costs to the Department of Education associated with rulemaking can be absorbed within existing budgeted 
resources. 
LR2563(02) - Fiscal Note - Page 1 of 1