20-A ME Rev Stat § 1461 (2021)
2021 Maine Revised Statutes|TITLE 20-A: EDUCATION|Part 2: SCHOOL ORGANIZATION|Chapter 103-A: REGIONAL SCHOOL UNITS|Subchapter 2: FORMATION OF REGIONAL SCHOOL UNIT|20-A §1461. Formation of a regional school unit; reorganization planning and approval

 §1461. Formation of a regional school unit; reorganization planning and approval The residents of 2 or more school administrative units may form a regional school unit that is a body politic and corporate pursuant to this section.   [PL 2007, c. 240, Pt. XXXX, §13 (NEW).]1.  Notice of intent.  Each school administrative unit shall file with the commissioner a notice of intent to engage in planning and negotiations with other school administrative units for the purpose of developing a reorganization plan to form a regional school unit under this chapter. The commissioner shall respond to each notice of intent providing information regarding the process and whether the intended action complies with the requirements of this chapter.   [PL 2007, c. 240, Pt. XXXX, §13 (NEW).] 2.  Reorganization planning committee.  The school administrative units that intend to engage in planning and negotiation to create a regional school unit shall form a reorganization planning committee.   A. For each proposed regional school unit, the commissioner shall provide guidelines for the formation of a reorganization planning committee including representation from the school administrative units included in the notice of intent, member municipalities and members of the general public who are residents of the proposed regional school unit. The guidelines must include roles and responsibilities of the committee, timelines for submission of the plan, the format for reporting the reorganization plan and evaluation criteria for approval of the plan.   [PL 2007, c. 240, Pt. XXXX, §13 (NEW).]B. Reorganization planning committees shall hold one or more public meetings to gather input from community members and to determine the sentiment of the public.   [PL 2007, c. 240, Pt. XXXX, §13 (NEW).][PL 2007, c. 240, Pt. XXXX, §13 (NEW).] 3.  Submission of plans.  Each school administrative unit shall submit to the commissioner its proposed reorganization plan for consolidation into a regional school unit that meets the requirements of paragraphs A and B.   A. A reorganization plan must include:   (1) The units of school administration to be included in the proposed reorganized regional school unit;   (2) The size, composition and apportionment of the governing body;   (3) The method of voting of the governing body;   (4) The composition, powers and duties of any local school committees to be created;   (5) The disposition of real and personal school property;   (6) The disposition of existing school indebtedness and lease-purchase obligations if the parties elect not to use the provisions of section 1506 regarding the disposition of debt obligations;   (7) The assignment of school personnel contracts, school collective bargaining agreements and other school contractual obligations;   (8) The disposition of existing school funds and existing financial obligations, including undesignated fund balances, trust funds, reserve funds and other funds appropriated for school purposes;   (9) A transition plan that addresses the development of a budget for the first school year of the reorganized unit and interim personnel policies;   (10) Documentation of the public meeting or public meetings held to prepare or review the reorganization plan;   (11) An explanation of how units that approve the reorganization plan will proceed if one or more of the proposed members of the regional school unit fail to approve the plan;   (12) An estimate of the cost savings to be achieved by the formation of a regional school unit and how these savings will be achieved; and   (13) Such other matters as the governing bodies of the school administrative units in existence on the effective date of this chapter may determine to be necessary.   [PL 2007, c. 240, Pt. XXXX, §13 (NEW).]B. In order for the plan to be approved by the commissioner, the governing bodies of school administrative units shall work within the following parameters.   (1) The proposed regional school unit must serve not fewer than 2,500 students, including, for purposes of this paragraph, students attending from the unorganized territory, except where circumstances relating to the following factors justify an exception:   (a) Geography, including physical proximity and the size of the current school administrative unit;   (b) Demographics, including student enrollment trends and the composition and nature of communities in the regional school unit;   (c) Economics, including existing collaborations to be preserved or enhanced and opportunities to deliver commodities and services to be maximized;   (d) Transportation;   (e) Population density; or   (f) Other unique circumstances including the need to preserve existing or developing relationships, meet the needs of students, maximize educational opportunities for students and ensure equitable access to rigorous programs for all students.   When circumstances justify an exception to the size requirement set forth in this subparagraph of 2,500 students, the unit must serve as close to 2,500 students as possible and in no case, except for coastal islands and schools operated by tribal school committees, may it serve fewer than 1,200 students, including, for purposes of this paragraph, students attending from the unorganized territory.   (2) The plan must provide comprehensive programming for all students from kindergarten to grade 12 and must include at least one publicly supported secondary school.   (3) The plan must be consistent with the policies set forth in section 1451.   (4) The plan may not displace teachers or students or close any schools existing and operating during the school year immediately preceding reorganization, except as permitted under section 1512.   (5) The plan must address how the school administrative unit will reorganize administrative functions, duties and noninstructional personnel so that the projected expenditures of the reorganized school administrative unit in the first year of operation during the school year immediately following reorganization for system administration, transportation, special education and facilities and maintenance will not have an adverse impact on the instructional program.   [PL 2009, c. 580, §3 (AMD).]C. Notwithstanding paragraph B, subparagraph (1), the commissioner may approve:   (1) A regional school unit to serve fewer than 1,200 students but not less than 1,000 students in an isolated rural community, including, for purposes of this paragraph, students attending from the unorganized territory, if the proposed regional school unit meets at least one of the following criteria:   (a) The proposed regional school unit comprises 3 or more school administrative units in existence prior to July 1, 2008;   (b) The member municipalities of the proposed regional school unit are surrounded by approved regional school units or alternative organizational structures and there are no other school administrative units available to join the proposed regional school unit; or   (c) The member municipalities of the proposed regional school unit include 2 or more isolated small schools that are eligible for an isolated small school adjustment pursuant to section 15683, subsection 1, paragraph F; and   (2) The formation of a regional school unit if the governing body or bodies of the proposed regional school unit demonstrate, in the notice of intent under subsection 1, that all reasonable and practical means of satisfying the requirements of subparagraph (1) and paragraph B, subparagraph (1) have been exhausted, and that approval is warranted based on the unique or particular circumstances of the unit or units.   In considering a request under this paragraph, the commissioner's decision must be based on, but is not limited to, the specific facts presented in the notice of intent and is applicable only to the specific school administrative units the decision concerns.   [PL 2011, c. 251, §1 (AMD); PL 2011, c. 251, §12 (AFF).][PL 2011, c. 251, §1 (AMD); PL 2011, c. 251, §12 (AFF).] 4.  Review and approval of plans.  If the commissioner finds that a plan for reorganization meets the requirements of this chapter, the commissioner shall notify the municipalities and school administrative units, and they shall proceed with referendum.   [PL 2007, c. 240, Pt. XXXX, §13 (NEW).] 5.  Referendum on reorganization plan.  The municipal officers of each municipality in a proposed reorganized school administrative unit or alternative organizational structure shall place a warrant article substantially as follows on the ballot of a municipal referendum conducted in accordance with the referendum procedures applicable to the school administrative unit of which the municipality is a member."Article: Do you favor approving the school administrative reorganization plan prepared by the (insert name) Reorganization Planning Committee to reorganize (insert names of affected school administrative units) into a regional school unit or alternative organizational structure, with an effective date of (insert date)?Yes No"    [PL 2007, c. 668, §4 (AMD).] 6.  Results of referendum.  Each school administrative unit shall report the results of the referendum to the department following the referendum election.   A. A reorganization plan is approved by a kindergarten to grade 12 school administrative district or kindergarten to grade 12 community school district if the majority of votes cast in the district is in favor of approval of the plan.   [PL 2007, c. 240, Pt. XXXX, §13 (NEW).]B. A reorganization plan is approved by the member municipalities of a community school district that does not provide public education for the entire span of kindergarten to grade 12 if the majority of votes cast in the member municipalities is in favor of approval of the plan. Approval results in all member municipalities joining the regional school unit for all purposes for kindergarten to grade 12.   [PL 2007, c. 240, Pt. XXXX, §13 (NEW).]C. A municipal school unit, including a municipal school unit that is a member of a school union, approves a reorganization plan if the majority of the votes cast in that municipality is in favor of approval of the plan.   [PL 2007, c. 240, Pt. XXXX, §13 (NEW).]D. If a reorganization plan is approved by all of the affected school administrative units, or by the school administrative units considered sufficient under the proposed units' reorganization plan, the commissioner shall file notice of approval of the unit with the state board.   [PL 2007, c. 240, Pt. XXXX, §13 (NEW).][PL 2007, c. 240, Pt. XXXX, §13 (NEW).] 7.  Certificate of organization.  If a plan or revised plan for reorganization has been approved by the commissioner and approved by voters at the referendum, the state board shall issue a certificate of organization to the school administrative units that are reorganized into a regional school unit.   [PL 2007, c. 240, Pt. XXXX, §13 (NEW).] 8.  Retention of duties pending referendum.  Until the approval of a proposed school administrative reorganization plan at a referendum under subsection 5, each participating school administrative unit retains all authority, duties and obligations of the public employer of the employees of the school administrative unit pursuant to Title 26, chapter 9-A, including but not limited to the authority and duty to negotiate a successor collective bargaining agreement that will take effect on or after the operational date of the proposed regional school unit.   [PL 2009, c. 107, §1 (NEW).] SECTION HISTORY PL 2007, c. 240, Pt. XXXX, §13 (NEW). PL 2007, c. 668, §4 (AMD). PL 2009, c. 107, §1 (AMD). PL 2009, c. 580, §§3, 4 (AMD). PL 2011, c. 251, §1 (AMD). PL 2011, c. 251, §12 (AFF).