HP0137, LD 158, item 1 , An Act To Allow an Alternative Organizational Structure To Act as a Fiscal Agent for Each Member or Municipality in That Alternative Organizational Structure

An Act To Allow an Alternative Organizational Structure To Act as a Fiscal Agent for Each Member or Municipality in That Alternative Organizational Structure

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

Sec. 1. 20-A MRSA §1461, sub-§3, ¶A, as enacted by PL 2007, c. 240, Pt. XXXX, §13, is amended to read:

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;

(8-A) For a reorganization plan to form an alternative organizational structure, a designated fiscal agent or agents for each of the member entities and municipalities of the alternative organizational structure. The plan may designate the alternative organizational structure as the fiscal agent for its member entities and municipalities;

(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.

Sec. 2. PL 2007, c. 240, Pt. XXXX, §36, sub-§2, ¶C, as enacted by PL 2007, c. 668, §42, is amended to read:

C. 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 an alternative organizational structure in accordance with this paragraph.

(1) A school administrative unit may be designated by the commissioner as part of an alternative organizational structure. The commissioner may designate a school administrative unit as part of an alternative organizational structure if the commissioner finds that the proposed organizational structure will result in:

(a) Consolidation of system administration;

(b) Consolidation of special education administration, transportation administration and administration of business functions including accounting, reporting, payroll, financial management, purchasing insurance and auditing;

(c) Adoption of a core curriculum and procedures for standardized testing and assessment aligned with the system of learning results established in Title 20-A, section 6209; and

(d) Adoption of consistent school policies and school calendars and a plan for consistent collective bargaining agreements.

A plan for an alternative organizational structure may include a collaborative agreement under chapter 114 and must include an interlocal agreement under Title 30-A, chapter 115. The plan must include procedures for conducting a kindergarten through grade 12 budget approval pursuant to subparagraph (2).

(2) The budget procedures of members of an alternative organizational structure must conform to the format and referendum procedures set forth in sections 1485 and 1486 for regional school units except for the time limits pursuant to section 1486, subsection 2. The budget validation referendum for all members of the alternative organizational structure must be conducted on the same day.

(3) A plan for an alternative organizational structure must designate a fiscal agent or agents for each of the member entities and municipalities of the alternative organizational structure. The plan may designate the alternative organizational structure as the fiscal agent for its member entities and municipalities.

summary

This bill provides that a reorganization plan to form an alternative organizational structure must designate a fiscal agent or agents for each of the member entities and municipalities of the alternative organizational structure. The bill also provides that the reorganization plan may designate the alternative organizational structure as the fiscal agent for its member entities and municipalities.

HP0137 LD 158	First Regular Session - 124th Legislature - Text: MS-Word, RTF or PDF		LR 231 Item 1
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