An Act To Amend the Laws Governing the Withdrawal of a Municipality from a Regional School Unit
Maine Legislature, Session 126, LD 1322
Committee: Education and Cultural Affairs
Sponsors: LUCHINI, LANGLEY, HUBBELL, MALABY, YOUNGBLOOD
Amends: 20-A MRSA §1466

Legislative Document 
No. 1322 
H.P. 946 
House of Representatives, April 3, 2013 
An Act To Amend the Laws Governing the Withdrawal of a 
Municipality from a Regional School Unit 
(EMERGENCY) 
Reference to the Committee on Education and Cultural Affairs suggested and ordered 
printed. 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative LUCHINI of Ellsworth. 
Cosponsored by Senator LANGLEY of Hancock and 
Representatives: HUBBELL of Bar Harbor, MALABY of Hancock, Senator: YOUNGBLOOD 
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, since January 1, 2012, the residents of a municipality that has been a 
member of a regional school unit for at least 30 months have been allowed to petition to 
withdraw from the regional school unit pursuant to the Maine Revised Statutes, Title 
20-A, section 1466; and 
Whereas, certain withdrawal committees established subsequent to successful 
petitions to withdraw from regional school units have not been able to submit withdrawal 
agreements to the voters in the petitioning municipalities because the regional school unit 
boards have not been negotiating in good faith with the withdrawal committees; and 
Whereas, it is necessary to amend the provisions of the Maine Revised Statutes, 
Title 20-A, section 1466 to permit the residents of a municipality that has been a member 
of a regional school unit for at least 30 months a legitimate opportunity to seek voter 
approval to withdraw from the regional school unit; 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 §1466, sub-§4, ¶E is enacted to read: 
E.  If an agreement is not submitted to the commissioner within 90 days after the 
withdrawal committee is formed or within 15 days after an extension of time is 
granted by the commissioner upon the request of the withdrawal committee pursuant 
to paragraph A, it is presumed that there is a dispute regarding the agreement for 
withdrawal and the commissioner shall provide an alternative dispute resolution 
process for resolving the dispute between the withdrawal committee and the directors 
of the regional school unit board regarding the agreement for withdrawal.  This 
process applies only to consideration of the provisions to be contained in the 
agreement for withdrawal as set forth in paragraph A, subparagraphs (1) to (11).  For 
the purposes of this paragraph, "party" means the withdrawal committee or the 
directors of the regional school unit board. 
(1)  Within 15 calendar days following the last meeting of the parties that 
occurred prior to the 90-day deadline described under paragraph A, either party 
may notify the commissioner that it believes that an agreement for withdrawal in 
accordance with paragraph A, subparagraphs (1) to (11) will not be reached by 
the parties.  All consideration of preparing the agreement for withdrawal must 
cease, and each party shall submit in writing to the commissioner a final offer 
consisting, at a minimum, of the party's final offer, a draft of the proposed 
provisions to be contained in the agreement for withdrawal as set forth in 
paragraph A, subparagraphs (1) to (11) and any other pertinent material.  The 
commissioner shall provide copies of each party's written final offer to the 
arbitrator selected pursuant to this paragraph. 
(2)  Not later than 45 calendar days following the last meeting of the parties that 
occurred prior to the 90-day deadline described under paragraph A, the 
commissioner or the commissioner's representative shall meet with the parties 
and shall present a list with the names of 3 proposed neutral arbitrators.  Each 
party may strike from the list one name peremptorily.  The parties shall strike 
names alternately, and the party entitled to strike the first name must be chosen 
by lot. The one name remaining after each party has struck one name is the 
arbitrator.  The withdrawal committee and the directors of the regional school 
unit board are equally responsible for compensating the arbitrator and for any 
reasonable expenses incurred by the arbitrator in fulfilling the responsibilities 
described in subparagraph (3). 
(3)  The arbitrator may hold hearings, administer oaths, examine witnesses and 
documents, take testimony, receive evidence and issue subpoenas to compel the 
attendance of witnesses and the production of records.  The arbitrator may 
petition the District Court to enforce the arbitrator's order compelling the 
attendance of witnesses and the production of records.  The arbitrator may at no 
time engage in an effort to mediate or otherwise settle the dispute in any manner 
other than that prescribed in this section.  Not later than 90 days following the 
last meeting of the parties that occurred prior to the 90-day deadline described 
under paragraph A, the arbitrator shall choose the final offer of one party.  The 
arbitrator shall prepare the agreement language for that offer, submitted pursuant 
to subparagraph (1), in a written proposal that contains the provisions of the 
agreement for withdrawal as set forth in paragraph A, subparagraphs (1) to (11).  
The agreement language prepared by the arbitrator must be presented to the 
parties and to the commissioner. 
(4)  The final offer selected by the arbitrator presented to the parties and the 
commissioner pursuant to subparagraph (3) is not binding on the parties unless it 
is approved by a majority vote of the municipality pursuant to subsection 9.  The 
commissioner shall give conditional approval to the final offer selected by the 
arbitrator, which must be presented to the voters of the petitioning municipality at 
a district meeting held pursuant to section 1301, subsection 3, paragraph D. 
Sec. 2.  20-A MRSA §1466, sub-§9, as repealed and replaced by PL 2011, c. 678, 
Pt. J, §1, is amended to read: 
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. 3.  20-A MRSA §1466, sub-§9-A, as enacted by PL 2011, c. 678, Pt. J, §2, 
is amended 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. 4.  20-A MRSA §1466, sub-§9-B, as enacted by PL 2011, c. 678, Pt. J, §3, is 
repealed. 
Sec. 5.  20-A MRSA §1466, sub-§10, as enacted by PL 2009, c. 580, §9, is 
repealed. 
Sec. 6.  20-A MRSA §1466, sub-§13, as amended by PL 2011, c. 678, Pt. J, §4, is 
further amended to read: 
13.  Determination of results; execution of agreement.  If the commissioner finds 
that a majority of the voters voting on the article 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. 7.  20-A MRSA §1466, sub-§13-A, as enacted by PL 2011, c. 678, Pt. J, §5, 
is repealed. 
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
SUMMARY 
This emergency bill provides for a process of so-called final offer arbitration as a 
means to resolving a dispute between a withdrawal committee and the directors of the 
regional school unit board regarding an agreement for withdrawal for a municipality that 
seeks to withdraw from a regional school unit. The bill proposes to require that, in the 
event that a withdrawal committee and the directors of the regional school unit board are 
unable to reach agreement on the provisions of an agreement for withdrawal, the 
Commissioner of Education, in consultation with the parties, shall appoint an arbitrator to 
assist the parties in the settlement of the dispute related to the agreement for withdrawal 
between the parties. 
Current law requires that the total number of votes cast for and against the 
withdrawal agreement must equal or exceed 50% of the municipal votes cast for a 
candidate for Governor in the last gubernatorial election.  This bill eliminates that 
requirement while still maintaining the requirement that the withdrawal agreement is 
approved by a majority vote. 
Finally, the bill removes changes made by Public Law 2011, chapter 678, Part J that 
would have reinstated the 2/3 vote requirement for approving a withdrawal agreement on 
January 1, 2015.