HP1205
LD 1722
First Regular Session - 123rd Legislature - Text: MS-Word, RTF or PDF LR 2496
Item 1
Bill Tracking Chamber Status

An Act To Allow the Creation of a School District in Northern Franklin County

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 20-A MRSA §1201, sub-§1,  as enacted by PL 1981, c. 693, §§5 and 8, is amended to read:

1. Number of municipalities.  The district shall must have 2 or more member municipalities and may include a municipality or school administrative district combining with another school administrative district.

Sec. 2. 20-A MRSA §1202, sub-§1,  as enacted by PL 1981, c. 693, §§5 and 8, is amended to read:

1. Application vote.  At a duly called special or regular meeting or city election the voters of a municipality may instruct its school board to file an application with the state board. The article to be inserted in the warrant for the meeting shall must be in the following form:

"To see if the municipality will vote to instruct its school board to file an application with the State Board of Education for the purpose of forming a school administrative district with the following towns:

............................................................................................................

(naming them)"

For a school administrative district that is forming a new school administrative district with another school administrative district or municipality, approval of the article requires a majority vote of those voting in each municipality in the district.

Sec. 3. 20-A MRSA §1202, sub-§2,  as enacted by PL 1981, c. 693, §§5 and 8, is amended to read:

2. Initial application.  If the article is approved, the school board shall file an initial application with the state board.
A. The application shall must include a list of the names of the municipalities that propose to form the school administrative district, an adequate study outlining the desirability and the educational feasibility of the proposed district and whatever other information the state board may deem determines necessary and proper.
B.  In municipalities which have For a municipality or school administrative district that has less than 300, but more than 99 resident pupils, the application shall must state in detail the educational, economic and geographic reasons for the formation of the proposed school administrative district.
C.  An application shall must be filed on a form prepared by the state board.

Sec. 4. 20-A MRSA §1202, sub-§3,  as enacted by PL 1981, c. 693, §§5 and 8, is amended to read:

3. Calling of a joint meeting.   If the state board finds the proposed school administrative district eligible and approves its initial application, the state board shall notify the municipal officers and the members of the school boards in of the municipalities within the proposed district of a date, time and place of a joint meeting of the municipal officers and the school board members from for each municipality.
A. The notice shall must be in writing and sent by registered or certified mail, return receipt requested, to the addresses as shown on the application.
B. The notice shall must be mailed at least 10 days prior to the date set for the meeting.

Sec. 5. 20-A MRSA §1202, sub-§4,  as amended by PL 1983, c. 485, §7, is further amended to read:

4. Joint meeting.  The following shall govern governs the joint meeting.
A. At least 1/2 of the total number of municipal officers and school committee members eligible to vote at the joint meeting shall must be present to constitute a quorum. If there is no quorum, those present shall report to the state board that a quorum was not present and request the state board to issue a new notice.
B. The school boards and municipal officers of each municipality shall each caucus and select 3 of their members to represent their each municipality in the joint meeting. Other members may not vote in the joint meeting.
C.  Those with voting rights shall, by majority vote:

(1) Elect a chairman chair and a secretary;

(2) Determine the total number of school directors to represent each municipality and the method of apportioning voting power among directors consistent with this section and sections 1251 and 1252;

(3) Determine the method of sharing costs under section 1301; and

(4) Determine the date when all the municipalities in the proposed district shall must vote on the articles of district formation. The date shall must be at least 60 days from the date on which it is determined.

D. The chairman chair and secretary shall prepare a report describing the number of directors and the representation from each municipality. They shall sign and forward that report to the state board.

Sec. 6. 20-A MRSA §1202, sub-§9  is enacted to read:

9 Special provision for unincorporated townships.   For purposes of this chapter, "municipality" includes an unincorporated township. Upon a petition of 10% or more of the voters in an unincorporated township, the township may hold an election to file an application to the state board under subsection 1. If the article is approved, the application is automatically filed with the state board and the unincorporated township shall hold a special meeting to select one resident of the township to fulfill the role of municipal clerk and 3 residents to represent the township at the joint meeting under subsection 4 and to fulfill the role of municipal officers under this section. The articles to be voted on in subsection 1 and subsection 6 must replace "municipality" with "township."

summary

This bill allows a school administrative unit that is a municipality or school administrative district to combine with another school administrative district to create a larger school administrative district. This bill also allows unincorporated townships to join or create school administrative districts upon petition by 10% or more of the voters of the township and upon election within the township. At a special meeting, the township selects representatives to act as municipal officers and the municipal clerk.


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