An Act To Make the Consolidation of School Administrative Units Voluntary and To Eliminate the Penalties for Units That Choose Not To Consolidate
Sec. 1. 20-A MRSA §1461, sub-§1, as enacted by PL 2007, c. 240, Pt. XXXX, §13, is amended to read:
Sec. 2. 20-A MRSA §1461, sub-§3, as amended by PL 2009, c. 580, §§3 and 4, is further amended to read:
(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.
(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.
(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. If the commissioner denies approval of a regional school unit under this paragraph, the commissioner's decision constitutes final agency action and is not subject to appeal to the state board.
Sec. 3. 20-A MRSA §1461-B, sub-§6, ¶A, as enacted by PL 2009, c. 580, §5, is repealed.
Sec. 4. 20-A MRSA §1461-B, sub-§6, ¶B, as enacted by PL 2009, c. 580, §5, is repealed.
Sec. 5. 20-A MRSA §1461-B, sub-§6, ¶C, as enacted by PL 2009, c. 580, §5, is repealed.
Sec. 6. 20-A MRSA §1465, sub-§3, as enacted by PL 2007, c. 240, Pt. XXXX, §13, is amended to read:
The following statement must accompany the article:
Sec. 7. 20-A MRSA §1465, sub-§4, as enacted by PL 2007, c. 240, Pt. XXXX, §13, is amended to read:
The following statement must accompany the article:
Sec. 8. 20-A MRSA §1466, sub-§20, as enacted by PL 2009, c. 580, §9, is repealed.
Sec. 9. 20-A MRSA §15696, as amended by PL 2009, c. 455, §1, is repealed.
Sec. 10. PL 2007, c. 240, Pt. XXXX, §36, sub-§11, as amended by PL 2009, c. 571, Pt. VVV, §1, is further amended to read:
11. Result of disapproval at January 2008 referendum or subsequent referendum on or before January 30, 2009. A school administrative unit that rejects a proposed reorganization plan at the January 15, 2008 referendum or at a subsequent referendum on or before January 30, 2009 may restart the process to form a regional school unit with the same or other school administrative units and may seek assistance from the Department of Education to prepare another reorganization plan.
Sec. 11. PL 2007, c. 240, Pt. XXXX, §36, sub-§11-A, as amended by PL 2009, c. 571, Pt. VVV, §2, is further amended to read:
11-A. Result for school administrative unit that approves plan at referendum on or before January 30, 2010 but is unable to implement plan. A school administrative unit that approves a proposed reorganization plan at the January 15, 2008 referendum or at a subsequent referendum on or before January 30, 2010 but is unable to implement the plan because the plan was rejected at referendum by one or more of its proposed partner school administrative units under the plan may restart the process to form a regional school unit with the same or other school administrative units and may seek assistance from the Department of Education to prepare another reorganization plan.
Sec. 12. PL 2007, c. 240, Pt. XXXX, §44 is repealed.
summary
This bill amends the laws governing school administrative unit consolidation to make consolidation voluntary and to eliminate the penalties set forth for nonconforming school administrative units.