An Act To Amend the Laws Governing the Process for a Single Municipality To Withdraw from a Regional School Unit
Maine Legislature, Session 128, LD 1336
Committee: Education and Cultural Affairs
Sponsors: GINZLER, SIROCKI, TURNER, WARD, MASON
Amends: 20-A MRSA §1466

Legislative Document
No. 1336
H.P. 930
House of Representatives, April 6, 2017
An Act To Amend the Laws Governing the Process for a Single 
Municipality To Withdraw from a Regional School Unit
Submitted by the Department of Education pursuant to Joint Rule 204.
Reference to the Committee on Education and Cultural Affairs suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative GINZLER of Bridgton.
Cosponsored by Representatives: SIROCKI of Scarborough, TURNER of Burlington, WARD 
of Dedham, Senator: MASON of Androscoggin.
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  20-A MRSA §1466, sub-§4, as enacted by PL 2009, c. 580, §9, is 
amended to read: 
4.  Agreement for withdrawal; notice; changes in agreement; final agreement.  
The agreement for withdrawal must comply with this subsection. 
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 for a period not to 
exceed 180 days after the withdrawal committee is formed. 
The withdrawal committee by unanimous vote may request an extension from the 
commissioner beyond 180 days after the withdrawal committee is formed.  The 
withdrawal committee and the commissioner shall give due consideration for the 
beginning of the ensuing school year when approval for an extension is sought. 
If the parties fail to enter into an agreement within 180 days after the withdrawal 
committee is formed, the withdrawal committee by majority vote may petition the 
commissioner to order binding mediation between the parties, the cost of which the 
mediator shall assign between the parties.  The agreement reached through mediation 
must be submitted to the commissioner for approval. 
(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. 
(12)  The agreement must include a plan for providing child nutrition services in 
compliance with state and federal laws at schools operated by the petitioning 
municipality. 
(13)  The agreement must include an anticipated budget for schools operated by 
the petitioning municipality for the first year of operation.  The budget must 
include an estimate of all revenues and expenditures in accordance with the cost 
center summary budget format pursuant to section 1485 and is subject to the 
approval of the commissioner.  
B.  Within 60 days of the receipt of the agreement, the commissioner shall either give 
it conditional approval or recommend changes. The changes must be based upon the 
standards set forth in paragraph A and the commissioner's findings of whether the 
contents of the agreement will provide for appropriate educational and related 
services to the students of the petitioning municipality and for the orderly transition 
of assets, governance and other matters related to the petitioning municipality and the 
regional school unit. 
C.  If the commissioner gives conditional approval of the agreement, the 
commissioner shall notify the regional school unit board and the municipal officers 
by registered mail of the time and place of a public hearing at least 20 days prior to 
the date set for the hearing to discuss the merits of the proposed agreement of 
withdrawal. The chair of the regional school unit board shall conduct the hearing. 
(1)  The regional school unit board shall post a public notice in each municipality 
of the time and location of the hearing at least 10 days before the hearing. 
(2)  Within 30 days following the hearing under this paragraph, the withdrawal 
committee shall forward the final agreement to the commissioner. 
D.  If the commissioner recommends changes to the agreement, the commissioner 
shall: 
(1)  Send the agreement back to the withdrawal committee for necessary 
corrections; 
(2)  Establish a maximum time within which to make the corrections; and 
(3)  Indicate that the corrected agreement must be returned to the commissioner 
for conditional approval before it goes to public hearing as set forth in paragraph 
C. 
SUMMARY 
This bill allows the withdrawal committee for a single municipality seeking to 
withdraw from a regional school unit to request an extension of time to submit an 
agreement to the Commissioner of Education for a period not to exceed 180 days after the 
formation of the withdrawal committee.  The withdrawal committee by unanimous vote 
may request an extension from the commissioner beyond 180 days after the formation of 
the withdrawal committee. 
It allows the withdrawal committee to petition the commissioner to order binding 
mediation between the parties if they fail to enter into an agreement within 180 days after 
the formation of the withdrawal committee.  The agreement reached through mediation 
must be submitted to the commissioner for approval. 
It requires the agreement for the withdrawal of a single municipality from a regional 
school unit to include a plan for providing child nutrition services in compliance with 
state and federal laws at schools operated by the withdrawing municipality and an 
anticipated budget for the schools operated by the withdrawing municipality for the first 
year of operation.