An Act To Facilitate a Grade 9 to 16 School Project
Maine Legislature, Session 130, LD 0176
Committee Amendment CA_A_H969 (House)

COMMITTEE AMENDJMENT ,p- "to H.P. 129, L.D. 176, "An Act To Facilitate a 
Grade 9 to 16 School Project" 
Amend the bill by striking out everything after the enacting clause and inserting the 
following: 
'Sec. 1. Authorization. The voters of School Administrative District No. 4, School 
Administrative District No. 41 and School Administrative District No. 46 are authorized to 
form a community school district under this Act. The community school district is 
authorized-to be formed only if the voters of each of these 3 school administrative districts 
approve the formation in accordance with section 4. The voters of Regional School Unit 
No. 64 are also authorized to paiiicipate in forming the community school district under 
this Act in accordance with section 4. If formed, the new community school district is 
authorized to construct a regional high school integrated with career and technical 
education and postsecondary educational opportunities that the State Board of Education 
has placed on the 2017-2018 approved projects list. 
Sec. 2. Organization; operation; name. 
If the community school district 
authorized under this Act is approved, the community school district: 
1. Is a school administrative unit responsible for grades 9 to 12 under this Act and the 
general law; 
2. Shall operate a career and technical education center that is designated to serve the 
students within its geographic region and that replaces the career and technical education 
center operated by School Administrative District No. 46; 
3. Is established as a body politic and corporate and a quasi-municipal corporation 
within the meaning and for purposes of Title 30-A, section 5701; and 
4. Consists of School Administrative District No. 4, School Administrative District No. 
and School Administrative District No. 46. Regional School Unit No. 64, if approved 
by the voters of that regional school unit, may also be a member. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "/l<to H.P. 129, L.D. 176 
The community school district territory includes the territories of its member school 
administrative units. 
The initial name of the community school district is "MidMaine Community School 
District." At the first budget meeting of the community school district, the voters may select 
a different name under a warrant article provided for that purpose. 
Sec. 3. Continuity for approved regional high school. Before the formation of 
the community school district under this Act, School Administrative District No. 4, School 
Administrative District No. 41 and School Administrative District No. 46 are authorized to 
form a joint regional high school committee from their school board memberships. The 
committee is authorized to take all necessary or appropriate steps for the regional high 
school that the State Board of Education has placed on the 2017-2018 approved projects 
list to receive concept approval. Notwithstanding any provision of law to the contrary, the 
State Board of Education is authorized to accept joint applications from and grant project 
approvals to the joint regional high school committee, including site approval and concept 
approval, but may not give further approvals after concept approval unless the formation 
of the community school district and the regional high school project are approved pursuant 
to this Act. Regional School Unit No. 64 may but is not required to participate in the joint 
regional high school committee if approved by the State Board of Education. The State 
Board of Education shall include all school administrative units and career and technical 
education centers and regions affected by this Act in the planning and approval process. 
Sec. 4. Referendum. The community school district may be formed by favorable 
referendum votes in School Administrative District No. 4, School Administrative District 
No. 41 and School Administrative District No. 46 as provided in this Act. Any of the 
school boards of those school administrative districts may decide not to hold the 
referendum, in which case the community school district may not be formed. The referenda 
to approve the formation of the community school district and the construction financing 
of the new regional high school must occur: 
1. On the same day mutually selected by the 3 required school administrative district 
school boards; or 
2. If a date is not mutually selected by the 3 required school administrative district 
school boards, on the first statewide election day occurring at least 90 days following State 
Board of Education concept approval of the regional high school project. 
The ballot questions for the formation of the new community school district and the 
financing of the new regional high school construction must be substantially in the 
following forms, with such changes in form and content as the school boards of the 
proposed member school administrative units determine the development of the project 
requires: 
"Do you favor [name of school administrative unit voting] joining a new 
community school district for the operation of grades 9 through 12, and 
accepting the provisions of "An Act to Facilitate a Grade 9 to 16 School 
Project," enacted by the Legislature?" 
"Do you favor authorizing the school board of the new community school 
districtto issue bonds or notes in the name of the community school district 
in an amount not to exceed $ ....................... to construct and equip a 
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COMMITTEE AMENDMENT'* to H.P. 129, L.D. 176 
regional high school with programming for both regular secondary 
education and career and technical education and with opportunities for 
postsecondary instruction, all on a single campus to be located at 
.................. ?" 
The 2nd question must be accompanied by disclosure information for school 
construction projects required by law. Both questions may be modified or accompanied by 
other information that the school boards provide to accurately inform the voters. Unless 
both questions are approved by a majority of the voters voting in each of the 3 required 
school administrative districts, the community school district may not be formed. 
The school board of Regional School Unit No. 64 may call a similar referendum on the 
same day for purposes of joining the community school district formed under this Act. If 
the voters of that regional school unit approve both questions, Regional School Unit No. 
may also be a member of the community school district. If the school board of Regional 
School Unit No. 64 elects not to participate in the referendum, or if it participates and its 
voters do not approve both questions, it is not a member of the community school district. 
After the referendum, the secretary of each school administrative district, and Regional 
School Unit No. 64, if applicable, shall file a return of voting with the Commissioner of 
Education. The commissioner shall determine if each of the school administrative units by 
majority vote has approved both questions and shall notify the 3 required school 
administrative districts, and Regional School Unit No. 64, if applicable, whether the 
community school district is formed and whether the membership also includes Regional 
School Unit No. 64. 
Sec. 5. Certificate of organization; transitional period. If the community 
school district is formed, the Commissioner of Education shall issue to the member school 
administrative units a dated certificate of organization for the community school district 
setting forth the community school district's official name, listing its member school 
administrative units and describing the composition and voting method of its school board 
and the cost-sharing formula. The certificate of organization is conclusive evidence of the 
community school district's lawful organization. The commissioner shall report the results 
to the State Board of Education. The effective date of organization is the date the 
commissioner issues the certificate, as long as the community school district's first 
operational year begins on a July 1st that follows the date of the referendum by at least 210 
days. The period between the date of organization and the beginning of the first operational 
year is a transitional period as described in sections 8 and 9. 
Sec. 6. Governance; board composition and apportionment. 
If the 
community school district is formed, the school board of the community school district is 
a district school committee for all purposes of and has the duties and authority of a 
community school district board of trustees under the Maine Revised Statutes, Title 20-A, 
chapter 105. The members of the school board must be selected by appointment from the 
school boards of the member school administrative units, as provided by the general law 
for a community school district that does not include kindergarten and grades one to 12. 
The school board of the community school district consists of 12 members if Regional 
School Unit No. 64 is a member and 9 members if it is not. Since the board is an appointed 
board, representation and voting power are equally divided among the member school 
administrative units. The voters of the community school district may authorize a change 
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in the number of school board members appointed by each member school administrative 
unit, as long as the number of board members each member school administrative unit 
appoints and the voting power of each school board member remains equal. 
Sec. 7. Continued existence. Upon the beginning of the community school district's 
first operational year, the member school administrative units continue to exist for all 
purposes of kindergarten and grades 1 to 8, and for prekindergarten if applicable, 
notwithstanding the provisions of the Maine Revised Statutes, Title 20-A, sections 1258 
and 1479. The State Board of Education shall issue the member school administrative units 
amended certificates of organization effective July 1st of the first operational year of the 
community school district which are conclusive evidence of their continued lawful 
organization, as amended. The member school administrative units must continue to 
receive all federal and state school subsidy and general purpose aid for grades 9 to 12 until 
the beginning of the first operational year of the community school district. Beginning in 
the first operational year of the community school district, the member school 
administrative units must continue to receive federal and state school subsidies and general 
purpose aid for kindergarten and grades 1 to 8, and for prekindergarten if applicable. The 
member school administrative units as reorganized are governed by all of the applicable 
provisions of Title 20-A to the extent not in conflict with this Act. 
Sec. 8. Community school district during transitional period. Upon receipt 
of the certificate of organization of the community school district, the school board of each 
member school administrative unit shall appoint from its membership 3 individuals to serve 
on the school board of the community school district. The superintendent of Alternative 
Organizational Structure No. 94 shall call the first meeting of the school board and 
supervise the oaths of office and the election of a board chair. The school board shall elect 
a chair at its first meeting. The school board shall select a superintendent, who may be the 
superintendent of one of the member school administrative units, to serve as the 
superintendent of the community school district during the transitional period. During the 
transitional period, the school board shall prepare and submit the community school 
district's budget for the first operational year in accordance with this Act and the general 
law. During the transitional period, the school board has all authority reasonably necessary 
to prepare for the first operational year and for the design, construction and financing of 
the new regional high school, including hiring a superintendent and other employees, 
adopting school policies, negotiating contracts and collective bargaining agreements for 
the first operational year and thereafter, opening accounts, contracting for services and 
property, including a site for the new regional high school, closing on real estate for the 
new regional high school, issuing bonds or notes for the regional high school project or for 
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other capital or working capital needs and other authority necessary for those purposes and 
provided to school committees of fully operational community school districts by the 
general law. 
Sec. 9. School district members during transitional period. If the community 
school district is formed, the member school administrative units are responsible for the 
costs of the community school district incurred for the transitional period in an amount 
reasonably determined by the school board of the community school district in proportion 
to their secondary pupil counts on the state funding reports for each member school 
administrative unit for that fiscal year. The member school administrative units shall fund 
an account opened by the community school district for those costs. The member school 
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administrative units shall continue to operate secondary schools during the transitional 
period. 
Sec. 10. Educational continuity and coordination. If the community school 
district is formed, the community school district and its member school administrative units 
shall consult and work together to achieve educational continuity and coordinate the 
transfer of responsibility for grades 9 to 12 to the community school district for its first 
operational year and thereafter. 
Sec. 11. Transfer of assets; assumption of liabilities. If the community school 
district is formed, all real property that is currently owned or used for grades 9 to 12 must 
remain property of the member school administrative units, for the members' use or 
disposition. The community school district shall lease the high schools and the career and 
technical education center from the member school administrative units from year-to-year 
for $1. 00 annual rent plus all building costs, including insurance, utilities, maintenance and 
repairs, together with an amount equal to the annual debt and heating, ventilation and air 
conditioning lease payments on the high schools, if any, during the period commencing on 
July 1st of the first operational year and ending upon the substantial completion and 
occupancy of the new regional high school. For any buildings used by the high school 
grades and by other grades or for other purposes, the costs must be allocated equitably for 
purposes of this section. As of July 1st of the first operational year of the community school 
district, the member school administrative units shall reach an equitable agreement with 
the community school district to share transportation costs and services. When appropriate, 
this may include transfer of title to an equitable portion of a member school administrative 
unit's bus fleet to the community school district for its use and disposition, subject to 
outstanding financing. The community school district shall pay the costs of outstanding 
financing on transferred buses when or before due. As of July 1st of the first operational 
year of the comm.unity school district, the member school administrative units shall also 
transfer by bill of sale or other instrument ownership of all other equipment, furnishings 
and other tangible and intangible assets, including accounts receivable but excluding cash, 
purchased or primarily used by or attributable to high schools or the career and technical 
education center, subject to outstanding financing. The community school district shall pay 
the costs of outstanding financing for transferred assets when or before due. The member 
school administrative units shall also equitably share with the community school district 
the costs and benefits of service contracts with vendors. 
Sec. 12. Allocation of existing fund balances; accrued liabilities. If the 
community school district is formed, as of July 1st of the first operational year of the 
community school district, and no later than that date, each member school administrative 
unit shall transfer an estimated share of all funds, allocable in proportion to its number of 
secondary students and the total number of students in that member school administrative 
unit on the state funding report of the member for that year. The amount transferred may 
be reduced if necessary so as not to be more than an amount that is equitably proportionate 
to the amounts transferred by the other member school administrative units to the 
comm.unity school district based on their respective numbers of secondary and total 
students. These amounts may be adjusted by additional payments or refunds, based on 
completed audits of the member school administrative units for the fiscal year prior to the 
first operational year, and within 45 days of the completion of those audits. The comm.unity 
school district shall pay the accrued summer salary and benefit liabilities of the member 
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school administrative units attributable to their secondary teachers and staff for the fiscal 
year prior to the first operational year of the community school district and payable in the 
first operational year of the community school district. 
Sec. 13. Transfer of teachers and employees; system administrators. If the 
community school district is formed, as of July 1st of the first operational year of the 
community school district, the provisions of the Maine Revised Statutes, Title 20-A, 
section 1464, subsection 4 apply with respect to those teachers and employees of the 
member school administrative units that work primarily at the secondary level or on behalf 
of secondary students. All teachers and employees of the member school administrative 
units that work primarily at the elementary school level or on behalf of elementary students 
must retain the same employment status with the member school administrative unit 
employing them. It is the intent of this Act to neither decrease nor increase the rights and 
benefits of transferred employees or the employer. The community school district school 
board and the school boards of the member school administrative units shall negotiate in 
good faith the transfer or sharing of system administrator contracts whose terms expire after 
the first operational year of the community school district. 
Sec. 14. Collective bargaining. If the community school district is formed, as of 
July 1st of the first operational year of the community school district, the provisions of the 
Maine Revised Statutes, Title 20-A, section 1464 apply and the school board of the 
community school district is the employer with respect to the teachers and employees 
transferred to the community school district under the provisions of this Act. Each school 
board of the respective member school administrative units shall continue to be the 
employer under its collective bargaining agreements with respect to the teachers and 
employees that have not transferred to the community school district under this Act. 
Sec. 15. Dispute resolution. If the community school district is formed, the 
Commissioner of Education or the commissioner's designee is authorized to settle any 
disputes that may arise between the community school district and its member school 
administrative units or between the member school administrative units under sections 9 to 
and with respect to administrator contracts under section 13. The commissioner's 
decision is final and binding. 
Sec. 16. Borrowing; lease purchasing. The school board of the community school 
district has the same authority to borrow for capital project and capital equipment needs 
that a community school district board of trustees has under the general law in effect on the 
effective date of this Act to borrow for minor capital costs. Except as provided by this 
section, in order to issue bonds or notes for capital borrowing, the voters of the community 
school district must approve a warrant article authorizing the school board to issue bonds 
or notes at a district meeting or district referendum of the community school district called 
and held as provided by this Act. If the principal amount to be borrowed added to the then 
remaining total principal of all outstanding bonds or notes for capital project and capital 
equipment needs that the voters approved at a district meeting exceeds 0.25% of the 
adjusted state valuation of the municipalities of the member school administrative units, 
voter approval must be by referendum. Borrowing for school construction projects must 
be approved by referendum to the extent required by the general law. Bonds and notes are 
general obligations of the community school district secured by its full faith and credit. 
Bonds or notes issued during the transitional period are payable after the start of the first 
operational year of the community school district. The school board of the community 
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school district may borrow for operating costs and may enter into lease-purchase 
agreements to the extent and for the purposes permitted under the general law. 
Sec. 17. Budget format and procedure. The format and procedure for the 
operating budget of the school operated by the community school district to be presented 
to the voters of the community school district must be the cost center summary budget 
format and the budget validation referendum procedure of the general law or as may be 
otherwise provided by the general law. The format and procedure may be changed to the 
extent permitted or required by the general law. 
Sec. 18. Cost sharing; assessment. The community school district shall apportion 
amounts to the municipalities of its member school administrative units for the required 
local contribution based on the Maine Revised Statutes, Title 20-A, chapter 606-B and 
amounts to the municipalities of its member school administrative units for additional local 
funds based on the number of resident secondary pupils in each municipality as calculated 
under chapter 606-B. The community school district shall: 
1. Assess and collect school taxes from the municipalities of its member school 
administrative units as provided by the general law; and 
2. Follow procedure of the general law for amendment of cost sharing. The referendum 
procedure used to form the community school district is the manner of adoption of the 
original formula for cost sharing. 
Sec. 19. District meeting procedures. The community school district shall conduct 
budget meetings and special budget meetings in the manner provided under the general 
law. The community school district may conduct other district meetings in the manner 
provided for school district budget meetings under the general law. 
Sec. 20. District referendum procedures. The community school district shall 
conduct referenda for purposes described in this Act or the general law in the manner 
provided for regional school units under the Maine Revised Statutes, Title 20-A, chapter 
103-A. 
Sec. 21. Controlling law. If any provision of this Act conflicts with the Maine 
Revised Statutes, Title 20-A, chapter 105, the provisions of this Act control. For purposes 
of applying a provision of Title 20-A, chapter 105 to the community school district's 
member school administrative units, "school board" may be substituted for "municipal 
officers" and "school administrative district" or "regional school unit" may be substituted 
for "municipality" or "town," when the substitution is necessary to fulfill the purpose and 
intent of that provision and does not conflict with this Act.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section 
number to read consecutively. 
SUMMARY 
This amendment strikes the bill and replaces it with a private and special law. The 
amendment authorizes the voters of School Administrative District No. 4, School 
Administrative District No. 41 and School Administrative District No. 46 to proceed with 
a regional high school project that the State Board of Education has placed on the approved 
projects list, by forming a community school district for the new regional high school. The 
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COMMITTEE AMENDMENT" J4',, to H.P. 129, L.D. 176 
amendment also authorizes the voters of Regional School Unit No. 64 to participate and 
join the community school district. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Fiscal Detail and Notes 
Approved: 04/05/22 feae 
LD 176 
LR 1263(02) 
An Act To Facilitate a Grade 9 to 16 School Project 
Fiscal Note for Bill as Amended by Committee Amendment ff,{f/ ,,_qf.?q) 
Committee: Education and Cultural Affairs 
Fiscal Note Required: Yes 
Fiscal Note 
No state fiscal impact 
Allowing School Administrative District No. 4, School Administrative District No. 41 and School Administrative 
District No. 46 to form a community school district, if approved by the voters of each of the 3 school districts, will not 
increase the total cost of K-12 public education or the State's share of that cost. 
LR1263(02) - Fiscal Note - Page 1 of 1