An Act To Provide for a Statewide Contract for School Teachers
Maine Legislature, Session 128, LD 0864
Committee Amendment CA_A_H496 (House)
Amends: 20-A MRSA §1485, 26 MRSA §965-A

COMMITTEE AMENDMENT "Ft" to H.P. 613, L.D. 864, Bill, "An Act To 
Provide for a Statewide Contract for School Teachers" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Allow the State To Act as the Representative in Contract Negotiations 
for School Administrative Units' 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 20-A MRSA §1485, sub-§1-A is enacted to read: 
1-A. Instructional expenditures transition; annual targets. Each regional school 
unit must meet the following annual targets for the percentage share of total expenditures 
for direct instruction expenditures: 
A. For fiscal year 2019-20, the target is 61 %; 
B. For fiscal year 2020-21, the target is 63%; 
C. For fiscal year 2021-22, the target is 65%; 
D. For fiscal year 2022-23, the target is 67%; and 
E. For fiscal year 2023-24 and succeeding years, the target is 70%. 
For purposes of this subsection, "direct instruction expenditures," as defined in the State's 
accounting handbook for local school systems, means those expenditures in subsection 1, 
paragraph A for regular instruction, special education instruction, career and technical · 
education instruction and other instruction, including summer school and extracurricular 
instructions. 
Sec. 2. 26 MRSA §965-A is enacted to read: 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "p" to H.P. 613, L.D. 864 
§965-A. Public education employees 
This section provides for the negotiation of standard salary and standard benefits for 
affected public education employees. Disputes regarding the applicability of this section 
must be resolved by the Maine Labor Relations Board. 
1. Definitions. As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings. 
A. "Affected public education employee" means an employee of an approved public 
school who fills a position that is required to be filled by a person who holds a 
certification or authorization for that position issued by the Department of Education 
under Title 20-A, except an employee of an approved public school who fills a 
position that is required to be filled by a person holding a certificate pursuant to Title 
20-A, section 13011, subsection 5 or an approval pursuant to Title 20-A, section 
13024. 
B. 
"Approved public school" means a school administrative unit that has been 
approved by the Department of Education in accordance with subsection 2. 
C. 
"Collective bargaining" means the mutual obligation of the State and the 
bargaining agent representing affected public education employees to: 
(1) Confer and negotiate in good faith with respect to salary and benefits; 
(2) Meet at reasonable times; 
(3) Meet within 10 days after receipt of written notice from the other party 
requesting a meeting for collective bargaining purposes, as long as the parties 
have not otherwise agreed in a prior written contract; 
(4) 
Execute in writing any agreements arrived at. 
The term of any such 
agreement is subject to negotiation but may not exceed 2 years and may not 
extend beyond the date of the repeal of this section pursuant to subsection 4; and 
(5) 
Participate in good faith in the mediation, fact-fmding and arbitration 
procedures required by section 965. 
D. "Cost item" means the agreed-upon salary and benefits resulting from collective 
bargaining conducted pursuant to this section. 
E. "School administrative unit" has the same meaning as in Title 20-A, section l, 
subsection 26. 
F. "State" means the State of Maine represented by the Governor or the Governor's 
authorized representative. 
2. 
Approved public schools. 
A school administrative unit may request, in 
accordance with this subsection, approval from the Commissioner of Education to have 
the State act as the public employer of its affected public education employees for 
purposes of collective bargaining in accordance with this section. 
A. 
Upon the request of the school board of a school administrative unit, the 
Commissioner of Education shall approve that request if the school administrative 
unit meets the following criteria: 
COMMITTEE AMENDMENT 
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COMMI1TEE AMENDMENT" A, to H.P. 613, L.D. 864 
(1) The school administrative unit's percentage of economically disadvantaged 
students, as determined pursuant to Title 20-A, section 15675, subsection 2, is 
greater than the state average percentage of economically disadvantaged students; 
(2) The school administrative unit's regional adjustment, as determined pursuant 
to Title 20-A, section 15682, is less than 1.00; 
(3) The school administrative unit's state share percentage, as determined in Title 
20-A, section 15672, subsection 31, is greater than 60%; and 
( 4) The school administrative unit operates a school. 
B. The Commissioner of Education may approve a school administrative unit that 
does not meet the criteria in paragraph A upon the request of the school board of the 
school administrative unit. The commissioner must respond to a request under this 
paragraph within 3 0 days of receiving the request and either approve the request, 
deny the request or request additional information from the school administrative unit 
in order to make a decision. 
3. Negotiation. This subsection governs the negotiation of standard salary and 
standard benefits for affected public education employees. 
A. Notwithstanding any other provision of this chapter, the State is deemed the 
public employer and subject to all limitations and responsibilities of public employers 
under this chapter solely with respect to the negotiation of standard salary and 
standard benefits for affected public education employees. 
(1) The State and the bargaining agent representing all affected public education 
employees shall bargain collectively for standard salary and standard benefits for 
affected public education employees in accordance with this subsection. 
(2) For all other purposes and in all other respects other than the negotiation of 
standard salary and standard benefits under this subsection, an affected public 
education employee remains the employee of the employee's school 
administrative unit. All other matters subject to collective bargaining must be 
negotiated pursuant to section 965 by that school administrative unit and the 
bargaining agent determined under section 966. 
(3) An approved public school and the bargaining agent for the affected public 
education employees of that approved public school are not subject to the 
requirements of section 965, subsection I with regard to salary and benefits 
negotiated pursuant to this section, except an approved public school retains the 
duty to bargain until a contract that establishes standard salaty and standard 
benefits for affected public education employees takes effect. This subsection 
does not prohibit negotiation between an approved public school and the 
bargaining agent for the affected public education employees of that approved 
public school with regard to salary and benefits in addition to what is negotiated 
between the State and the bargaining agent under this section. 
(4) Any collective bargaining agreement between a bargaining agent and an 
approved public school that has been entered into prior to completion of a 
contract entered into pursuant to this section continues in effect and remains the 
COMMITTEE AMENDMENT 
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COMMITIEE AMENDMENT «A" to H.P. 613, L.D. 864 
financial responsibility of the approved public school for the remainder of the 
term of that contract unless the bargaining agent and participating school 
administrative unit mutually agree otherwise. 
B. The cost item is the financial responsibility of the State. The cost item must be 
calculated based upon student-to-staff ratios as established under Title 20-A, chapter 
606-B. The cost item must be submitted by the Govemor as part of an operating 
budget submission to the Legislature within 10 days after the date on which the 
agreement is ratified by the parties. If the Legislature rejects the cost item, the cost 
item must be returned to the parties for further bargaining. 
C. The bargaining agent representing affected public education employees for the 
purposes of collective bargaining under this section is the organization chosen by the 
majority of affected public education employees and must provide to the State a 
demonstration of majority suppott of affected public education employees. 
4. Repeal. This section is repealed 90 days after the adjoumment of the First 
Regular Session of the l 29th Legislature. 
Sec. 3. Funding plan. The Commissioner of Education shall develop a plan for 
funding the implementation of this Act, including how it will be incorporated in the 
school funding formula for the 2019-2020 school year.' 
SUMMARY 
This amendment, which is the minority rep01t of the committee, strikes and replaces 
the bill and changes the title. The amendment authorizes the State, upon the request of a 
school administrative unit, to act as the employer of employees of that school 
administrative unit, other than administrators, for the purpose of negotiating a contract for 
standard salary and standard benefits for these employees. Costs resulting from such 
bargaining agreements are the responsibility of the State and if funding is not approved, 
those cost items must be renegotiated. The authority for such negotiations is repealed 90 
days after the adjoumment of the First Regular Session of the 129th Legislature. 
This amendment also requires regional school units to meet certain annual targets for 
the percentage share of total General Fund expenditures for direct instruction 
expenditures. 
FISCAL NOTE REQUlRED 
(See Attached) 
COMMITTEE AMENDMENT 
Approved: 06/09/17 feac. 
LD864 
LR 128(02) 
An Act To Provide for a Statewide Contract for School Teachers 
Fiscal Note for Bill as Amended by Committee Amendment ,I\, 
Committee: Education and Cultural Affairs 
(T C Hc-Lf90) 
Fiscal Note Required: Yes 
Fiscal Note 
Future biennium cost increase - General Fund 
Fiscal Detail and Notes 
This legislation authorizes the State to bargain for a contract for standard salary and benefits for certain employees of 
eligible school administrative units (SAU's) upon the request of the SAU and to assume responsibility for the costs 
resulting from the bargaining agreement beginning in the 2019-2020 school year. The fiscal impact of this provision 
of the bill can not be estimated at this time and will depend on the results of the contract negotiations. 
According to the Department of Education, it will be able to absorb the cost of implementing this legislation including 
any role it may assume in the negotiating process. 
LR0128(02) - Fiscal Note - Page 1 of 1