An Act Regarding the Withdrawal of a Single Municipality from a Regional School Unit
Maine Legislature, Session 128, LD 0051
Committee: Education and Cultural Affairs
Sponsors: TURNER, MAKER, HANINGTON, HEAD, KINNEY, MASTRACCIO, PARRY, TUELL, WALLACE
Amends: 20-A MRSA §1466

Legislative Document
No. 51
H.P. 37
House of Representatives, January 10, 2017
An Act Regarding the Withdrawal of a Single Municipality from a 
Regional School Unit
Reference to the Committee on Education and Cultural Affairs suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative TURNER of Burlington.
Cosponsored by Senator MAKER of Washington and
Representatives: HANINGTON of Lincoln, HEAD of Bethel, KINNEY of Knox, 
MASTRACCIO of Sanford, McCREA of Fort Fairfield, PARRY of Arundel, TUELL of East 
Machias, WALLACE of Dexter.
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.  If the withdrawal committee 
submits a proposed agreement to the directors of the regional school unit board, the 
directors shall respond to the withdrawal committee within 30 days of receipt of the 
proposed agreement.  The withdrawal committee may request the commissioner to 
provide assistance to the withdrawal committee and the directors of the regional 
school unit board in any negotiations that may occur between the withdrawal 
committee and the directors of the regional school unit board relating to the 
agreement.  If requested, the commissioner shall provide that assistance.  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. 
(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 contain provisions to provide 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 the petitioning 
municipality for the first year of operation of schools operated by the petitioning 
municipality.  The budget must include an estimate of all revenues and 
expenditures in accordance with the cost center summary budget format pursuant 
to section 1485. 
SUMMARY 
This bill adds requirements to an agreement for withdrawal of a single municipality 
from a regional school unit.  The additional requirements are a plan for providing child 
nutrition services and an anticipated budget for the first year of operation of schools 
operated by the petitioning municipality.  The bill requires the directors of a regional 
school unit board to respond to a proposed agreement of a withdrawing municipality 
within 30 days.  It also authorizes a withdrawing municipality to request the 
Commissioner of Education to provide assistance to the withdrawing municipality and 
the directors of the regional school unit board in negotiations relating to the withdrawal 
agreement.