An Act To Change the Voting Requirements for the Withdrawal of a Municipality from a Regional School Unit
Maine Legislature, Session 126, LD 0783
Committee: Education and Cultural Affairs
Sponsors: MALABY, BURNS, DUNPHY, GUERIN, JOHNSON, LIBBY, LUCHINI, SANDERSON, SIROCKI, TURNER
Amends: 20-A MRSA §1466

Legislative Document 
No. 783 
H.P. 534 
House of Representatives, February 28, 2013 
An Act To Change the Voting Requirements for 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 MALABY of Hancock. 
Cosponsored by Senator BURNS of Washington and 
Representatives: DUNPHY of Embden, GUERIN of Glenburn, JOHNSON of Greenville, 
LIBBY of Waterboro, LUCHINI of Ellsworth, SANDERSON of Chelsea, SIROCKI of 
Scarborough, TURNER of Burlington. 
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, the changes made by this legislation could affect the makeup of regional 
school units; and 
Whereas, it is imperative that this legislation take effect as soon as possible for 
regional school units to have sufficient time to implement these changes prior to the 
beginning of the next school year; 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, ¶A, as enacted by PL 2009, c. 580, §9, is 
amended to read: 
A.  The commissioner shall direct the municipal officers of the petitioning 
municipality to select representatives to a withdrawal committee as follows: one 
member from the municipal officers, one member from the general public and one 
member from the group filing the petition. The commissioner shall also direct the 
directors of the regional school unit board representing the petitioning municipality to 
select one member of the regional school unit board who represents that municipality 
to serve on the withdrawal committee. The municipal officer and the member of the 
regional school unit board serve on the withdrawal committee only so long as they 
hold their respective offices.  Vacancies must be filled by the municipal officers and 
the regional school unit board. The chair of the regional school unit board shall call a 
meeting of the withdrawal committee within 30 days of the notice of the vote in 
subsection 3.  The chair of the regional school unit board shall open the meeting by 
presiding over the election of a chair of the withdrawal committee.  The 
responsibility for the preparation of the agreement rests with the withdrawal 
committee, subject to the approval of the commissioner.  The withdrawal committee 
may draw upon the resources of the department for information not readily available 
at the local level and employ competent advisors within the fiscal limit authorized by 
the voters. The agreement must be submitted to the commissioner within 90 days 
after the withdrawal committee is formed.  Extensions of time may be granted by the 
commissioner upon the request of the withdrawal committee. 
If after 90 days of its formation, the withdrawal committee has been unable to reach 
an agreement for withdrawal with the regional school unit, it shall report such failure 
in writing to the commissioner.  Within 7 days of receipt of the notice of failure, the 
commissioner shall appoint a facilitator to oversee negotiations for withdrawal 
between the withdrawal committee and the regional school unit.  The facilitated 
negotiation discussions must be concluded within 30 days of the facilitator's 
appointment by the commissioner.  If agreement between the withdrawal committee 
and the regional school unit is reached, the withdrawal committee shall forward the 
agreement to the commissioner for action under paragraph B.  If an agreement has 
not been reached, the withdrawal committee shall submit its proposed terms of 
withdrawal to the commissioner who shall act on it pursuant to paragraph B. 
(1)  The agreement must contain provisions to provide educational services for all 
students of the petitioning municipality within the regional school unit. The 
agreement must provide that during the first year following the withdrawal 
students may attend the school they would have attended if the petitioning 
municipality had not withdrawn. The allowable tuition rate for students sent from 
one municipality to another in the former regional school unit must be 
determined under section 5805, subsection 1, except that it is not subject to the 
state per pupil average limitation in section 5805, subsection 2. 
(2)  The agreement must establish that the withdrawal takes effect at the end of 
the regional school unit's fiscal year. 
(3)  The agreement must establish that the withdrawal will not cause a need 
within 5 years from the effective date of withdrawal for school construction 
projects that would be eligible for state funds. This limitation does not apply 
when a need for school construction existed prior to the effective date of the 
withdrawal or when a need for school construction would have arisen even if the 
municipality had not withdrawn. 
(4)  The agreement must establish how transportation services will be provided. 
(5)  The agreement must provide for administration of the new administrative 
unit, which should not include the creation of new supervisory units if at all 
possible. 
(6)  The agreement must make provision for the distribution of financial 
commitments arising from outstanding bonds, notes and any other contractual 
obligations that extend beyond the proposed date of withdrawal. 
(7)  The agreement must provide appropriately for the distribution of any 
outstanding financial commitments to the superintendent of the regional school 
unit. 
(8)  The agreement must provide for the continuation and assignment of 
collective bargaining agreements as they apply to the new or reorganized regional 
school unit for the duration of those agreements and must provide for the 
continuation of representational rights. 
(9)  The agreement must provide for the continuation of continuing contract 
rights under section 13201. 
(10)  The agreement must provide for the disposition of all real and personal 
property and other monetary assets. 
(11)  The agreement must provide for the transition of administration and 
governance of the schools to properly elected governing bodies of the newly 
created administrative unit and must provide that the governing body may not be 
elected simultaneously with the vote on the article to withdraw unless the 
commissioner finds there are extenuating circumstances that necessitate 
simultaneous elections. 
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 repealed. 
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, ¶B, as enacted by PL 2009, c. 580, §9, is 
amended to read: 
B.  A municipal vote on a withdrawal agreement if the agreement received less than 
60% 50% of the votes cast. 
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 
Under current law, until January 1, 2015, a municipality that wishes to withdraw 
from a regional school unit must approve that withdrawal by a majority vote, with the 
total number of votes cast at least equal to 50% of the total number of votes cast in that 
municipality for Governor in the last gubernatorial election.  If the municipality is part of 
a school administrative district that was reformulated as a regional school unit pursuant to 
the school consolidation laws, a 2/3 approval is needed.  Beginning January 1, 2015, any 
withdrawal must be approved by 2/3 of the voters, without any requirement regarding the 
total number of votes cast. 
This bill allows a municipality to withdraw from a regional school unit by a majority 
vote and eliminates the requirement regarding the total number of votes cast. 
This bill requires that a facilitator to oversee negotiations be appointed if, after 90 
days of its formation, the withdrawal committee that is selected by the municipality 
seeking to withdraw from the regional school unit fails to reach an agreement with the 
regional school unit.