School Consolidation
NEW!! REGIONAL SCHOOL UNIT No. 38
BOARD OF DIRECTORS
WRITTEN BALLOT REFERENDUM
APRIL 14, 2009
The citizens of Manchester, Mount Vernon,
Readfield, and Wayne, are encouraged to vote
by written ballot for town representatives on the
RSU No. 38 Board of Directors
Polling Hours:
Manchester Town Office 8:00 a.m. – 8:00 p.m. Phone: 622-1894
Mount Vernon Town Office 4:00 p.m. – 8:00 p.m. Phone: 293-2379
Readfield Town Office 4:00 p.m. – 8:00 p.m. Phone: 685-4939
Wayne Town Office 10:00 a.m. – 8:00 p.m. Phone: 685-4983
Absentee ballots are now available
Contact your town office.
Maranacook Community High School on February 5, 2009, 6:45 p.m.
REGIONAL SCHOOL UNIT NO. 38
TRANSITION TEAM MEMBERS
Manchester School Committee: Doug Ide, Mike Parent (alternate)
Mt. Vernon School Committee: Don Reiter, April Fenton-Hulett (alternate)
Readfield School Committee: Stephen Hayes, Carol Doorenbos (alternate)
Wayne School Committee: Lynette Johnson, Holly Stevenson (alternate)
CSD 10: Rob Peale, Mary Keeley (alternate)
State Planning information:
LR1386 Sen. Edmonds PART C
Sec. C-1. Regional delivery of educational administrative services; legislative findings and intent; establishment of goals.
1. Findings. The Legislature finds that:
A. The State's annual state and local expenditure for kindergarten through grade 12 public education significantly exceeds national and peer state averages;
B. It is the intent of the State that these state and local expenditures be brought into greater conformity with national and peer state averages and it is a role of the Legislature to establish goals to realize this intent;
C. A number of administrative services could be provided to multiple school administrative units within defined regions within the State in a manner that would preserve or improve the quality of those services, preserve the quality of education services provided to the State's public school students and reduce the cost of providing those services for the State and the participating school administrative units;
D. The most appropriate geographic regions within the State to begin systematically developing and implementing regionalized educational administrative services are the 26 centers or regions that currently provide career and technical education services to broader geographic regions;
E. The State's school administrative units are varied with respect to the benefits that may be available and the efficiencies that may be achieved as a result of regionalizing certain administrative services; and
F. The most appropriate location of decision-making authority with respect to which educational administrative services to regionalize and how to otherwise meet the goal established by the Legislature is at the local and regional level.
It is, therefore, the intent of the Legislature that this Part provide the necessary direction, guidance and resources to bring the state and local expenditures for kindergarten through grade 12 public school education into a greater conformity with national and peer state averages without impairing the quality of education services delivered to the State's public school students.
2. Goals. The following goals are established:
A. It is the goal of the Legislature that by school year 2009-2010, the total state and local expenditure for providing school administrative services in the State, measured as a percent of personal income in this State, as estimated by the United States Department of Commerce, Bureau of Economic Analysis, be reduced by a minimum of 10%.
B. It is also the goal of the Legislature that upon the implementation of the recommendations of the planning alliances established by this Part:
(1) The ratio of students to administrative personnel in all regions of the State will reasonably conform to related ratios established by the essential programs and services school funding model;
(2) School administrative functions, including without limitation special education management, human resources management, information technology management and financial management functions, will be shared with multiple school administrative units and municipal units of government among and throughout the planning alliance regions;
(3) The student transportation systems throughout all regions of the State will be well planned and coordinated among the school administrative units and avoid redundancy in routing;
(4) Labor negotiation calendars and procedures among the school administrative units will be coordinated insofar as practicable; and
(5) The purchase of all supplies and materials common to the school administrative units and all supplies and materials common to both school administrative units and municipal units of government will be conducted in a manner designed to maximize the purchasing power of the aggregated governmental units.
Sec. C-2. Planning alliances established. For the purposes of assisting in the regional delivery of educational administrative services among all the school administrative units, 26 planning alliances are established in accordance with this section.
1. Service area. Each planning alliance shall serve the school administrative units within a geographic area defined by the State’s career and technical education centers, as set out in the Maine Revised Statutes, Title 20-A, section 8402.
2. Composition. Each planning alliance is composed of 12 members, including 4 municipal officials, 4 public school officials and 4 members of the general public, all of whom must reside within the geographic area served by the career and technical education center.
A. For each planning alliance, the 4 municipal officials must be elected by caucus.
(1) According to the implementation schedule provided in section 5 of this Part, the Commissioner of Education shall notify all municipal officials serving in the geographic region served by the career and technical education center to caucus at a specified date, time and place for the purpose of electing 4 municipal officials to be members of the planning advisory committee. The commissioner or the commissioner’s designee serves as nonvoting moderator for that regional caucus. Nominations for the municipal official representatives must be received from the floor. Although municipal officials residing within the career and technical education center’s geographic area may be nominated, only municipal officials serving within the same geographic area and in attendance at
the caucus are allowed to vote. The method of voting must be decided by voting membership. The 4 nominees receiving the most votes are approved as the municipal official members of the planning alliance, except that no municipality may have more than one representative on the planning alliance. The names of those elected by the caucus must be recorded and forwarded to the commissioner.
B. For each planning alliance, the 4 school officials must be elected by caucus.
(1) According to the implementation schedule provided in section 5 of this Part, the Commissioner of Education shall notify all school officials serving in the geographic region served by the career and technical education center to caucus at a specified date, time and place for the purpose of electing 4 school officials to be members of the planning advisory committee. The commissioner or the commissioner’s designee serves as nonvoting moderator for that regional caucus. Nominations for the school official representatives must be received from the floor. Although school officials residing within the career and technical education center’s geographic area may be nominated, only school officials serving within the same geographic area and in attendance at the caucus are allowed to vote.
The method of voting must be decided by voting membership. The 4 nominees receiving the most votes are approved as the school official members of the planning alliance except that no school administrative unit may have more than one member on the planning alliance. The names of those elected by the caucus must be recorded and forwarded to the commissioner.
C. For each planning alliance, the 4 members of the general public are appointed as follows.
(1) The President of the Senate shall appoint one member of the general public for each planning alliance.
(2) The minority leader of the Senate shall appoint one member of the general public for each planning alliance.
(3) The Speaker of the House shall appoint one member of the general public for each planning alliance.
(4) The minority leader of the House shall appoint one member of the general public for each planning alliance.
D. Each planning alliance must be provided with one full-time staff assistant, whose salary and benefits must be provided at state expense in accordance with section 4 of this Part.
3. Terms. Members of each planning alliance serve for a period of 2 years. Any vacancy must be filled in the same manner and by the same authority as established by this section for the original appointment.
4. Timing of election and appointments. All elections and appointments of planning alliance members must be accomplished according to the implementation schedule provided in section 5 of this Part.
Sec. C-3. Planning alliance responsibilities. Each planning alliance must be convened and respond to the following charge according to the implementation schedule provided in section 5 of this Part.
1. Identification of baseline information. According to the implementation schedule provided in section 5 of this Part, each planning alliance shall for the geographic region it represents:
A. Calculate the total expenditures for educational administrative services, measure that expenditure as a percent of personal income in this State and identify the degree to which that expenditure would have to be reduced in order to comply with the goals established in section 1 of this Part;
B. Identify all the types of public school administrative units including school administrative districts, community school districts, municipal school units and any school unions that currently provide for shared superintendent services.
C. Identify the degree to which administrative services, specifically, and educational services, generally, are currently being shared between and among the school administrative units within the region or across region lines, including without limitation formal regional alliances, bulk purchasing agreements or other coalitions designed to provide regionally developed services to the participating school administrative units;
D. Identify for each school administrative unit the relationship between that school system’s actual employment or budget, as applicable, and the allocated employment or budget, as applicable, as identified by the essential programs and services school funding model for the following categories: school system administration and support, operations and maintenance, special education and transportation;
E. Identify the region’s current aggregate educational administrative personnel profile, measured in full-time equivalents, including, but not limited to, the following positions: superintendent, principal, special education director, transportation director, technology director, business agent or financial officer, human resources director and all reasonably equivalent positions;
F. Identify all municipal administrative services by type and position that are being similarly provided on the municipal level and might reasonably be subject to shared services arrangements, including positions in the fields of technology and financial and human resources management and all reasonably equivalent positions;
G. Identify all major types of materials and supplies purchased by the school administrative units along with all similar materials and supplies purchased by the municipalities in the region;
H. Identify all schedules that pertain to the school administrative units, including without limitation school calendars and all schedules for labor negotiations and contract approval, school board meetings, budget development and budget approval meetings;
I. Map out the entire school transportation system that is used to transport students to and from school once a day;
J. Identify all educational mandates enacted by the Legislature that could be repealed or redesigned in a manner that would eliminate the need for redundant or unnecessary educational administrative services without impairing the quality of educational services provided to the public school students; and
K. Identify any other baseline information regarding the provision of educational administrative services within the region that the planning alliance finds to be pertinent to responding to the legislative charge.
2. Development of recommendations. According to the implementation schedule provided in section 5 of this Part, each planning alliance shall prepare in the form of preliminary recommendations a plan for the redesign of the provision of educational administrative services within the region that is appropriate to the needs of the region and would clearly meet the goals as established for the region in subsection 1, paragraph A. The plan must, at a minimum:
A. Identify any recommended redesign of the types of school administrative units within the region, if applicable;
B. Establish as a finding of the planning alliance the recommended number of educational administrative full-time equivalent positions that should be funded within the region for the following positions: superintendent, principal, special education director, transportation director, technology officer, business agent or financial officer, human resources director and all reasonably equivalent positions. This finding must specifically identify all recommended service sharing arrangements between and among municipalities and school administrative units within the region, particularly in the areas of technology, transportation maintenance, human resources and financial management, as those recommended arrangements would affect the recommended personnel profile;
C. Recommend a specific set of adjustments to the region’s current profile of administrative personnel to be implemented over the next 2-year period that would serve to adjust the current personnel profile as identified under subsection 1, paragraph E to the recommended personnel profile;
D. Recommend, as applicable, the organization or reorganization of any joint purchasing arrangements between and among the school administrative units within the region and between and among the school administrative units and the municipalities within the region;
E. Recommend, to the extent necessary to achieve the goals of this Part and facilitate other recommendations of the planning alliance, the coordination of schedules, including without limitation, school calendars, labor contract negotiations, school board meetings, school budget development and adoption meetings;
F. Recommend, as applicable, the development of coordinated regional or subregional school transportation systems; and
G. Recommend any changes to state law that would assist the region in meeting the goals of this Part without impairing the quality of educational services provided to State's public school students.
3. Outreach. According to the implementation schedule provided in section 5 of this Part, each planning alliance shall hold public hearings on its preliminary recommendations. At a minimum, a public hearing must be held at a school facility in each school administrative unit or school union within the region. On the basis of the information provided and input received at the public hearings, each planning alliance shall amend the preliminary recommendations as appropriate to develop its final recommendations according to the implementation schedule in section 5 of this Part.
4. Transmittal and implementation of final recommendations. Each planning alliance shall adopt its final recommendations according to the implementation schedule provided in section 5 of this Part. The final recommendations must identify the goals that must be met within the region to comply with the goals established by this Part and clearly identify by what means and by when the goals will be reached through the implementation of the recommendations of the planning alliance.
A. Each planning alliance shall formally transmit to every school board within the planning alliance region the final recommendations in a format that includes:
(1) The complete report for the school board’s records;
(2) An executive summary of the entire report suitable for presentation to the legislative body of the school administrative unit to consider for adoption;
(3) The specific recommendations pertaining to the school administrative unit that fall within the authority of the school board to implement, suitable for presentation to the school board to consider for adoption; and
(4) The specific recommendations pertaining to the school administrative unit that fall within the authority of the legislative body of the school administrative unit to implement, suitable for presentation to that legislative body to consider for adoption.
B. The school board and the legislative body of every school administrative unit within the planning alliance region shall act on the recommendations transmitted to them according to the implementation schedule provided in section 5 of this Part.
Sec. C-4. Resources and Department of Education responsibilities.
1. Resources. Notwithstanding any other law, the highest priority of distribution from the Fund for the Efficient Delivery of Educational Services as established in the Maine Revised Statutes, Title 20-A, section 15754 for fiscal year 2007-08 and fiscal year 2008-09 is to provide the staff support and other related support to the planning alliances as required by this Part.
2. Department of Education responsibilities. The Department of Education shall assist in the implementation of this Part as set out in this subsection:
A. The Department of Education shall adopt rules to assist in the implementation of this Part. Rules adopted pursuant to this paragraph are routine technical rules as defined in the Maine Revised Statutes, Title 5, chapter 375, subchapter 2-A. At a minimum, those rules must:
(1) Specifically define the career and technical education regions within the State both geographically and according to each region’s school administrative units;
(2) Identify by position and support position all educational administrative services that should be reasonably included in the analysis conducted by each planning alliance;
(3) Establish the minimum qualifications, job description and salary and benefit range for each planning alliance’s full-time staff assistant; and
(4) Provide for a system of administration of the Fund for the Efficient Delivery of Educational Services, modeled after the system of administration for the Fund for the Efficient Delivery of Local and Regional Services provided in the Maine Revised Statutes, Title 30-A, chapter 231 and including the automatic payment of salary and benefits for one full-time staff assistant for each planning alliance in accordance with section 2 of this Part.
B. In addition to any responsibilities required by this Part or imposed by rule, the Department of Education shall assist in the implementation of this Part by:
(1) Assisting all planning alliances in the collection and presentation of data pertinent to the charge established by this Part;
(2) Assisting in the organization of caucuses as provided in section 2 of this Part;
(3) Providing or contracting for facilitation services to be provided to the planning alliances to ensure their ability to fulfill the charges required by this Part; and
(4) Submitting interim progress reports to the Legislature no later than January 1, 2008 and January 1, 2009 and a final report no later than January 1, 2010 that describe the compliance of the planning alliances with the requirements of this Part.
Sec. C-5. Implementation schedule. The various charges established by this Part must be accomplished according to the following schedule.
1. Appointments and caucuses. The initial appointments and caucuses of municipal and school officials required by section 2 of this Part must be completed no later than October 1, 2007.
2. Hiring of staff assistants. The full-time staff assistant for each planning alliance must be hired by the planning alliance no later than December 1, 2007.
3. Convening of planning alliances. The planning alliances must be convened no later than January 1, 2008.
4. Completion of identification and baseline information. The planning alliances shall complete the identification of baseline information as required by section 3, subsection 1 of this Part no later than July 1, 2008.
5. Develop preliminary recommendations. The planning alliances shall complete the development of their preliminary recommendations as required by section 3, subsection 2 of this Part no later than September 1, 2008.
6. Outreach effort. The planning alliances shall complete the outreach effort required by section 3, subsection 3 of this Part no later than January 1, 2009.
7. Final recommendations. The planning alliances shall develop their final recommendations and transmit those recommendations as required by section 3, subsection 4 of this Part no later than February 1, 2009.
8. Consider and act on recommendations. The school boards and the legislative bodies of the school administrative units shall consider and act on the recommendations of the planning alliances no later than July 1, 2009.
Sec. C-6. Sunset; achievement of required efficiencies Unless reauthorized by the Legislature, this Part is repealed February 1, 2010. It is the intent of the Legislature that the goals of section 1, subsection 2 of this Part be achieved by that date. If the goals of this Part have not been achieved in a career and technical education region served by a planning alliance pursuant to this Part, the Commissioner of Education shall present to the joint standing committee of the Legislature having jurisdiction over education matters a plan for the reorganization of all school administrative units within that career and technical education region. The commissioner's plan must be designed to achieve the goals of section 1, subsection 2 of this Part.
The joint standing committee of the Legislature having jurisdiction over education matters is authorized to submit legislation in the Second Regular Session of the 124th Legislature that reorganizes the school administrative units within any career and technical education region that has failed to achieve the goals of this Part by February 1, 2010.
summary
Part C of this bill establishes as a goal a 10% reduction by the year 2010 in the statewide expenditure for educational administrative services in kindergarten to grade 12 public education as that expenditure is measured as a percent of total personal income. It establishes goals for specific categories of costs and services. It also establishes a comprehensive system of analysis, recommendation, outreach and implementation to be accomplished on the local level through the creation of regional planning alliances to achieve that goal within the 26 career and technical education regions in Maine. If the cost reduction goal is not achieved, the Commissioner of Education must submit a plan to the Legislature to achieve the cost reductions
LR1415 Sen. Mills
Summary of “An Act to Increase Efficiency in School Administration”
A Concept Draft presented by Senator Peter Mills
Sources
On July 1, 2007, each school unit shall join one of 22 state chartered Educational Cooperatives (“Co-ops”) to contract for the delivery of regional services. These entities are described in depth by the Maine Heritage Policy Center in “The Maine View” issue of January 25, 2007, authored by Stephen Bowen and in “A Case for Cooperation” published in August of 2006 by the Maine Children’s Alliance and authored by Douglas Rooks. The beginnings of such an entity are exemplified by the Western Maine Educational Collaborative formed in August of 2006 under the management of Mona Baker.
Functions of an Education Cooperative
As envisioned here, each Co-op will be state chartered. Participation will be required for all local units including all sections of the Unorganized Territories. The geographic bounds of the Co-ops will conform to the existing 26 vocational service regions except that a Co-op shall include as many of such whole regions as necessary to serve a minimum of 3000 students.
Each Co-op shall:
1. Continue to provide strong vocational education programming, the function for which such regions were formed.
2. Adopt a common calendar for the region.
3. Assume the administration of a common Student Identification System.
4. Establish parallel accounting practices for each school district.
5. Serve as contract bargaining agent for each district.
6. Provide coordinated transportation services.
7. Oversee food services for each public school.
8. Support information technology for all schools including laptops for grades 7 through 12.
9. Coordinate and expand opportunities for regional and inter-regional instruction through ATM, Internet and other course sharing initiatives.
10. Perform central payroll.
11. Coordinate the efficient delivery of special education services.
12. Assist schools with comprehensive professional development programs.
13. Provide curriculum and assessment services as needed or requested.
14. Function as agent for large volume purchasing of goods & services.
15. Provide legal and medical support to each school.
16. Assist districts with energy and facilities management.
17. Maintain a pool of qualified substitute teachers for the region.
18. Assist districts in providing hospital and homebound instruction.
19. Provide regional enrichment programs for gifted and talented students.
20. Establish a protocol for the exercise of school choice among schools.
21. Provide high quality programs to counteract school violence and substance abuse.
Retained Authority of Local Districts
Member school districts will continue to:
1. Hire, oversee, evaluate and discharge teachers and other personnel.
2. Define local curriculum, assessment and professional development practices.
3. Determine the location and levels of support for individual schools.
4. Manage local budgets subject to assessments for regional services.
5. Substitute local services for those optionally offered by the Co-op if the local district can provide them more effectively or at lesser cost.
6. Provide governance to the Educational Co-operatives.
This proposal will permit local districts and schools to refocus on student achievement. Freed from the burdens of business management, districts may better manage the core function of schools: education and instruction.
Governance and Structure
Each Co-op will be governed by a board with proportional representation from each member school board. Local school districts will support services provided by the Co-op through capitated fees, contracts, monetary assessments or other methods agreed to by member districts. A local district aggrieved by a cost apportionment decision of the Co-op will have a right of appeal to the State Board which may, as necessary, issue substantive rules governing such issues.
Implementation
Co-ops will be created immediately by this bill. Each of them may hire a director and begin planning in the summer of 2007. This will provide a year’s lead time before they begin to deliver services on July 1, 2008.
Because each Co-op will be managed by existing public entities (the member districts), there is no delay for elections, for the assumption or allocation of public debt, or for the transfer of buildings and other assets. Interim funding of Co-ops through June 30, 2008, will be supported by a capitated contribution from the state of $100 per student. As soon as formed, each Co-op may supplement its state appropriation through assessing its members if they vote to do so.
Supplementary Provisions
By July 1, 2008, all municipalities must be members of a school district containing at least 1200 students. Isolated small districts, not contiguous to another, may retain their present governance. School unions are abolished. Each Unorganized Territory will be assigned to a nearby or adjoining district.
By August 1, 2007, the Commissioner will present to each Co-op a suggested district merger plan for local approval. Merger plans will be presented back to the Legislature in January of 2008. For good cause shown, a merger may be delayed beyond July 1, but a plan must then be in place.
The bill lengthens the school year beginning in 2008 from 180 to 190 days of which 185 are for instruction. The bill amends the district budget format by aligning it with EPS cost categories beginning July 1, 2008. For districts that must merge, no new employment contracts extending beyond June 30, 2008, may be agreed to until the restructuring provisions of this bill are in place.
LD464 Sen. Mitchell
LD 464
An Act To Reform Public Education by Encouraging Regional Approaches
CONCEPT DRAFT SUMMARY
This bill is a concept draft pursuant to Joint Rule 208.
This bill proposes to reform public education by implementing recommendations included in the report entitled, “A Case for Cooperation: Making Connections to Improve Education for All Maine Students,” published by the Maine Children’s Alliance in 2006. The bill would amend the education laws in order to encourage new and expanded regional approaches to school organization and to facilitate voluntary cooperation in the delivery of educational programs and services. Legislation developed to reform public education would include, but would not be limited to, the following:
1. The establishment of school planning alliances in 26 regions of the State based upon the existing centers and regions in the career and technical education system established in the Maine Revised Statutes, Title 20-A, chapter 313. A school planning alliance would be authorized to create a plan to increase educational opportunities, streamline administration and gain efficiencies for the school administrative units within the region. A school planning alliance would:
A. Be established upon the election in November 2007 of a regional planning board composed of 11 members from the school administrative units and municipalities in the region. The board would have 9 voting members, 3 school board members, 3 elected municipal officers and 3 members of the public. The board would have 2 nonvoting ex officio members, one superintendent and one municipal manager who are selected by a caucus within the region of superintendents and municipal managers;
B. Be provided with state funding from the Fund for the Efficient Delivery of Educational Services established in Title 20-A, section 15754 for technical assistance and facilitation services;
C. Be required, within one year, to develop and adopt a plan to meet the requirements of the system of learning results established in Title 20-A, chapter 222, including the appropriate curriculum, programs and instructional methods to ensure that student performance will meet the proficiency standards of the statewide assessment program within 3 years;
D. Be required, within one year, to develop and adopt a plan to ensure that the cost components that are not directly related to classroom instruction adhere to the adequate funding levels determined in accordance with the Essential Programs and Services Funding Act as described in Title 20-A, chapter 606-B within 3 years;
E. Be required, following review and approval of the plan by the Department of Education, to submit the plan to the voters in the region for ratification within 6 months of the adoption of the plan by the regional planning board; and
F. Be dissolved within 18 months after it was established
2. The establishment of a new type of school administrative unit, the regional school district, as an option for school administrative units within a school planning alliance as described in section 1 to cooperate in creating a more effective and cost-efficient school system. The regional school district would:
A. Be governed by a school board composed of members representing the municipalities within the region in accordance with the principles of one person, one vote. School board members would be elected to represent subdistricts established within the district or be elected at large by all of the voters in the district;
B. Be financed by a districtwide budget to be prepared by the school board and approved by the voters of the district. A municipality's total cost of education would be the district's total cost of education multiplied by the percentage that the municipality's pupil count is to the district's pupil count in accordance with Title 20-A, section 15688;
C. Be administered by a single superintendent to be selected and hired by the school board;
D. Be authorized to establish a program of public school choice for all elementary and secondary schools in the district; and
E. Be an option for the conversion of existing school administrative districts or community school districts;
3. The amendment of state laws and rules for financing the construction and renovation of school facilities to establish a regional school construction finance program that complements current state finance programs for the construction of new school facilities as established by Title 20-A, chapter 609 and for the renovation of existing school facilities as established by Title 30-A, section 6006-F. The regional school construction finance program would:
A. Be funded by authorizing state funding from the Fund for the Efficient Delivery of Educational Services established in Title 20-A, section 15754 and by recapitalizing the school revolving renovation fund with General Fund appropriations or the proceeds of bonds issued by the State;
B. Be established with flexible approval provisions that would permit applications from joint or multiple school administrative units and from regional school districts for public education for any combination of kindergarten to grade 12; and
C. Be required to meet State Board of Education rules for minimum levels for pupil enrollment, adequate curriculum to meet the requirements of the system of learning results, significant cost efficiency as compared to existing schools in the region, appropriate school siting, appropriate use of new technology and energy efficiency;
4. The authorization for regional cooperative organizations to be eligible for state funding from the Fund for the Efficient Delivery of Educational Services established in Title 20-A, section 15754 for the provision of support services, classroom instruction when needed to provide an adequate curricular program and enrichment programs. A regional cooperative organization would be eligible for state funding if the regional cooperative organization:
A. Employs an executive director and is a private, nonprofit corporation with a public purpose under the United States Internal Revenue Code, Section 501(c)(3);
B. Serves one or more school administrative units that enroll at least 3,000 pupils or at least 5,000 pupils in the 8 most populous counties in the State; and
C. Provides direct services to the member school administrative units in one or more of the following support service or instructional areas: transportation, food service, special education, maintenance and plant management, collective bargaining, accounting and payroll, legal services, communications, advanced placement courses and foreign language courses;
5. The creation of a model statewide school calendar that would be adopted at the local level and coordinated at the regional level;
6. The requirement that all school administrative districts and regional school districts be named. Existing numbers for school administrative districts should be replaced with names identifying the districts;
7. The authorization for the Department of Education to adopt or amend rules to establish educational standards for the approval of a school administrative unit that petitions to become a member of, or to withdraw from, a school district; and
8. The restoration of full funding for the Fund for the Efficient Delivery of Educational Services at an amount equivalent to 2% of the total amount appropriated for the General Purpose Aid for Local Schools program during the 2008-2009 biennium. These funds would be available to:
A. Provide technical assistance and facilitation to regional planning alliances;
B. Provide support for eligible regional cooperative organizations;
C. Capitalize the regional school construction finance program; and
D. Award grants for innovative programs through a competitive request-for-proposal process to enhance the curriculum and expand career and technical education programs, to secure the technology to offer specialized courses throughout the State and to provide regional continuing education programs for teachers and administrators.
LR1619 Sen. Rotundo
Sec. 1. Bipartisan School Redistricting Panel established. Resolved: That the Bipartisan School Redistricting Panel, referred to in this section as "the panel," is established. The membership and duties of the panel consist of the following.
1. The panel consists of 11 members appointed as follows:
A. One registered member of the political party holding the largest number of seats in the Legislature, appointed by the Governor;
B. One registered member of the political party holding the 2nd largest number of seats in the Legislature, appointed by the Governor;
C. One registered member of the political party holding the largest number of seats in the Legislature, appointed by the President of the Senate;
D. One registered member of the political party holding the 2nd largest number of seats in the Legislature, appointed by the President of the Senate;
E. One registered member of the political party holding the largest number of seats in the Legislature, appointed by the Speaker of the House of Representatives;
F. One registered member of the political party holding the 2nd largest number of seats in the Legislature, appointed by the Speaker of the House of Representatives;
G. One member of the State Board of Education, appointed by the Chair of the State Board of Education;
H. One member representing the Maine Municipal Association;
I. Two members of the Maine School Management Association; and
J. One Maine Teacher of the Year, appointed by the Maine Education Association.
2. The first-named registered member of the political party holding the largest number of seats in the Legislature and the first-named registered member of the political party holding the 2nd largest number of seats in the Legislature are the chairs of the panel.
3. All appointments must be made no later than 30 days following the effective date of this resolve. The appointing authorities shall notify the Executive Director of the Legislative Council once all appointments have been completed. Within 15 days after appointment of all members, the chairs of the panel shall call and convene the first meeting of the panel.
4. The panel shall redraw the boundaries of the State’s school administrative units so that each unit serves between 3,000 and 4,000 students while keeping intact school administrative units that currently serve at least 3,000 students and giving priority to retaining community integrity, current school administrative unit integrity and transportation issues.
5. The Legislative Council shall provide necessary staffing services to the panel.
6. A legislative member of the panel is entitled to receive the legislative per diem, as defined in the Maine Revised Statutes, Title 3, section 2, and reimbursement for travel and other necessary expenses related to the member's attendance at authorized meetings of the panel. Public members not otherwise compensated by their employers or other entities that they represent are entitled to receive reimbursement of necessary expenses and, upon a demonstration of financial hardship, a per diem equal to the legislative per diem for their attendance at authorized meetings of the panel.
7. No later than December 5, 2007, the panel shall submit a report that includes its findings and recommendations, including suggested legislation, to the Joint Standing Committee on Education and Cultural Affairs. The panel is authorized to introduce legislation related to its report to the Second Regular Session of the 123rd Legislature at the time of submission of its report. The Legislature intends that the school redistricting plan submitted to it by the panel pursuant to this section become law in substantively the same form as it is submitted.
8. If the panel requires a limited extension of time to complete its study and make its report, it may apply to the Legislative Council, which may grant an extension.
9. The chairs of the panel, with assistance from the panel staff, shall administer the panel's budget. Within 10 days after its first meeting, the panel shall present a work plan and proposed budget to the Legislative Council for its approval. The panel may not incur expenses that would result in the panel's exceeding its approved budget. Upon request from the panel, the Executive Director of the Legislative Council shall promptly provide the panel chairs and staff with a status report on the panel budget, expenditures incurred and paid and available funds; and be it further
Sec. 2. Department of Education to create student investment account program. Resolved: That the Department of Education shall develop a student investment account program, referred to in this section as "the program," for safe and cost-effective investment accounts for students in the State. Under the program, the department shall establish an investment account upon the birth of every child in the State and shall provide an initial investment of $200 in each account. Proceeds of accounts created under the program are payable to residents of the State for postsecondary education undertaken at institutions of higher learning located in the State. The Department of Education shall submit the program in the form of legislation to the Second
Regular Session of the 123rd Legislature no later than December 5, 2007; and be it further
Sec. 3. Department of Education to create postsecondary tuition assistance program. Resolved: That the Department of Education shall develop a postsecondary tuition assistance program, referred to in this section as "the program," that provides a graduate of an approved secondary school in the State who is admitted to a postsecondary institution in the State that offers an associate degree or bachelor’s degree with an amount equaling 50% of the tuition for 2 years of the average tuition of the Maine Community College System if the graduate demonstrates financial need. The department shall establish criteria to demonstrate financial need for purposes of this section. The program must provide that a graduate under the program who elects to
pursue teacher certification and commits to teaching in the State for 3 years after graduation is eligible to receive an additional amount equaling 50% of the average tuition of the Maine Community College System for the graduate’s junior and senior year at the postsecondary institution in the State. The program may also include other forms of financial aid. The Department of Education shall submit the program in the form of legislation to the Second Regular Session of the 123rd Legislature no later than December 5, 2007; and be it further
Sec. 4. Department of Education and University of Maine System to offer leadership training institutes. Resolved: That the Department of Education and the University of Maine System shall jointly offer leadership training institutes for teachers and school administrators in the State. The institutes must focus on the skills of change agency and strategic planning and the necessary background in organizational, human resource and financial management to meet the challenges of the future. The teachers and administrators shall attend institutes in groups called cohorts. A cohort under this section must gather for a week in each of 2 succeeding summers to perform follow-up work on real leadership issues facing schools in Maine. The Department of Education
shall adopt rules that require a school administrator to participate in an institute created under this section every 5 years as a condition of recertification under the Maine Revised Statutes, Title 20-A, chapter 502; and be it further
Sec. 5. School administrative unit plan for targeted funds to include wireless devices for students. Resolved: That a school administrative unit plan for targeted funds pursuant to the Maine Revised Statutes, Title 20-A, section 15671, subsection 7 must provide that each student from 9th grade to 12th grade in that school administrative unit receives an individual wireless device that the student may take home every day and have for use during a summer vacation; and be it further
Sec. 6. Rules. Resolved: That the Department of Education may adopt rules to carry out the purposes of this resolve. Rules adopted pursuant to this section are major substantive rules pursuant to the Maine Revised Statutes, Title 5, chapter 375, subchapter 2-A.
summary
This resolve:
1. Creates the Bipartisan School Redistricting Panel to redraw school administrative units to eliminate all units that serve under 3,000 students;
2. Directs the Department of Education to create a student investment account program that creates investment accounts for each child born in the State for use by residents for postsecondary education at institutions of higher learning located in the State and endows each account with $200;
3. Directs the Department of Education to create a tuition assistance program in which each graduating high school student who demonstrates financial need and is accepted into an associate’s or bachelor’s program in a postsecondary institution in the State will receive an amount equal to 50% of the average tuition for 2 years at the Maine Community College System, and those students pursuing teaching certificates and committing to teaching in the State for 3 years after graduation will receive an additional 50% of the average tuition for 2 years at the Maine Community College System for their junior and senior years;
4. Directs the Department of Education and the University of Maine System to administer leadership training institutes for teachers and school administrators and requires school administrators to attend the institute every 5 years as a requirement for recertification; and
5. Directs that school administrative units provide for individual wireless devices for 9th to 12th graders as part of their plans submitted to receive targeted funds for technology.
- 123LR1619(01)-1
LR1148 Rep. Silsby
LR 1148, “An Act to Encourage School Administrative Units to
Collaborate with other School Administrative Units
Sponsor: Rep. Kim Silsby
Be it enacted by the People of the State of Maine as follows:
CONCEPT DRAFT
SUMMARY
This bill is a concept draft pursuant to Joint Rule 208.
The bill proposes to provide the opportunity for current school administrative units to form regional cooperatives to aid in the efficient delivery of educational services while maintaining a high-quality educational system for students, teachers, community members and schools. The bill would balance the independence of the legislative bodies of school administrative units and local control with the efficient delivery of administrative services for schools, while enhancing the educational programs provided for pre-kindergarten through grade 12 public education students in Maine.
Under this bill, school administrative units would form regional cooperatives that serve at least 2,800 students. The bill would also establish the Efficient Delivery of Educational Services Commission, referred to in this concept draft as the “commission,” whose responsibilities include management of the fund, along with supporting, approving and monitoring the progress of the regional cooperatives. The regional cooperatives would apply to the commission for approval and financial incentives through the existing Fund for the Efficient Delivery of Educational Services. The commission would implement reorganization and cost savings for school administrative units that do not participate in a regional cooperative or school administrative units that are unable to
achieve the cost savings benchmarks established by the commission for regional cooperatives.
Key Elements:
1. A school administrative unit may enter into an agreement with another school administrative unit or units to form a regional cooperative to increase efficiency and lower costs of delivering public education for pre-kindergarten through grade 12 students and to provide for equitable, high-quality education for all students.
2. School administrative units would develop regional cooperatives that are contiguous and advantageous to the community and its delivery of an educational system for pre-kindergarten through grade 12 students.
3. A statewide commission would be formed to support, approve, and monitor regional cooperatives.
A. The membership of the commission would include the Commissioner of Education, the Commissioner of Administrative and Financial Services, two members of the Legislature to be appointed by the Speaker of the House and the Senate President, a member of the State Board of Education, four members representing public school officials, and four members of the general public appointed by the Governor; and
B. The commission would approve regional cooperatives and offer financial incentives to regional cooperatives through the Fund for the Efficient Delivery of Educational Services established in Title 20-A, section 15754.
C. The commission would define the expenditures to be included in the system administration cost category established in Title 20-A, section 15680 and would establish benchmarks for the level of per-pupil cost savings to be achieved by school administrative units for the 2008-2009 and 2010-2011 legislative biennia. The benchmarks selected by the commission would be based on either the national average or the average of peer states of per-pupil expenditures for the system administration cost category. The definition of the system administration cost category developed by the commission would include, but would not be limited to, the following:
(1) Financial management functions
(2) Administrative personnel
(3) Transportation
(4) Facilities and maintenance
(5) Human resource management
(6) Supplies and equipment
(7) Fuel and utilities
(8) Specialized education
(9) School nutrition programs
(10) Professional development
D. The commission would make an annual recommendation to the Commissioner of Education for the enactment of a per-pupil expenditure rate for the distribution of state subsidy under the Essential Programs and Services Funding Act over this four year period in order to ensure that the per-pupil expenditures for the system administration cost category established in Title 20-A, section 15680 would be reduced each year until this rate matches the benchmark for the per-pupil expenditures for system administration cost category selected by the commission by fiscal year 2010-11.
E. The commission would also provide models of efficient and effective governance and administrative structures that promote student achievement, including data that can be used by school boards, superintendents, and school administrative units that participate in existing or emerging regional cooperatives;
F. The commission would be required to submit a quarterly report to the Legislature and the Governor on the progress of regional cooperatives. The commission would submit a report on the educational mandates that are in statute that contribute to costs of education at state and local level and will make recommendations to the Legislature.
4. In order for an entity to qualify for approval by commission as a regional cooperative, the entity has a minimum of 2,800 students and establishes a regional plan to generate cost savings in the delivery of public education services from pre-kindergarten through grade 12 that contains:
A. A mission statement and related cost saving goals and objectives;
B. A plan that establishes a governance body and organization;
C. Specific cost saving targets for per-pupil system administration which meet the per-pupil expenditures for the system administration cost category established in Title 20-A, section 15680 and the benchmarks for the per-pupil expenditures for system administration cost category selected by the commission.
D. A plan for reimbursement of the savings realized through implementation of the regional plan to taxpayers;
E. A plan for the regional cooperative to report annually to the citizenry on the ongoing school improvement process and the school administrative unit’s updated comprehensive educational plan; and
F. A plan to review and ensure the sustainability of the cost effectiveness of local schools.
5. The commission may approve some extreme cases of geographic hardship for less than the approved number of students.
6. School administrative units with a current student population of at least 2,800 would not be required to form regional cooperatives, but would be required to comply with the annual per-pupil expenditure benchmarks for the system administration cost category established by the commission. If the commission determines that such a school administrative unit fails to meet these benchmarks, then the commission would develop and implement a reorganization and cost savings plan for the school administrative unit.
7. If a school administrative unit has not entered into a regional cooperative by June 2009 or if the commission determines that school administrative unit has failed to meet the annual per-pupil expenditure benchmarks for the system administration cost category established by the commission, then the commission would develop and implement a reorganization and cost savings plan for the school administrative unit.
Timeline:
From September 2007 to June 2008: School administrative units seek input from the public about regional cooperatives and begin planning regional cooperatives;
By June 2008: School administrative units form regional cooperatives and apply to the commission;
By July 2008: Commission approves regional cooperatives;
By June 2009: Regional cooperatives implement plans, make adjustments, and report cost-savings;
By July 2009: Commission implements reorganization and cost saving plans for school administrative units that have not entered into a regional cooperative or that have failed to meet the annual per-pupil expenditure benchmarks for the system administration cost category established by the commission.
By May 2010: Regional cooperatives realign work, plan for sustainability, and report progress.
LD370 Sen. Turner
LD 370
LR 1602
Item 1
Resolve, To Reduce the Number of School Administrative Units and Gain Administrative Efficiencies
Sec. 1. Consolidation of school administration. Resolved: That the Committee to Consolidate School Administration, referred to in this resolve as “the committee,” is established to consolidate the administration of public education in the State and present its consolidated school administration plan to the Legislature for adoption.
1. Committee members. The committee consists of the following 11 members:
A. Two former Legislators appointed by vote of the Legislative Council, one representing the political party with the highest number of members of the Legislature and one representing the party with the second-highest number of members of the Legislature; and
B. The following 9 members appointed by the Governor:
(1) A former Commissioner of Education;
(2) Two former superintendents of public schools in the State, one with suburban administrative experience and one with rural administrative experience;
(3) Two former principals of public schools in this State, one with suburban administrative experience and one with rural administrative experience;
(4) Two former teachers in public schools in this State, one with suburban teaching experience and one with rural teaching experience;
(5) A former State Board of Education member; and
(6) A former chief executive officer of a publicly traded company headquartered in this State, who shall serve as chair of the committee.
2. Plan parameters. In developing its consolidated school administration plan, the committee shall work within the following parameters.
A. All school administrative units in existence on the effective date of this resolve and all of their governing bodies and administration must be abolished under the plan. For purposes of this paragraph, “school administrative unit” includes community school districts, career and technical education regions, municipal school units, school administrative districts, school unions, special school districts and union schools as those terms are defined in the Maine Revised Statutes, Title 20-A, section 1 and any other municipal or quasi-municipal corporation responsible for operating or constructing public schools. The plan may not displace teachers or students or close any schools existing on the effective date of this resolve.
B. The plan must consolidate administrative functions, duties and personnel. The plan must provide and the committee shall determine boundaries for new school administrative units. Under the plan:
(1) The average school administrative unit must be in the range of 2,000 to 2,200 students; and
(2) Each school administrative unit must consist of a municipality or a new school administrative district.
C. Each school administrative unit must have a school board with up to 9 members. The plan must provide and the committee shall determine boundaries for school board seats within school administrative districts based on population so that school boards provide proportional representation.
D. The committee shall include in the plan a statewide business entity and regional business entities to further the consolidation of administrative functions. The statewide business entity would provide services and perform functions on a statewide basis, such as, but not limited to, payroll. The regional business entities, which may be established using the career and technical education regions in existence on the effective date of this resolve, would provide services and perform functions on a regional basis, such as, but not limited to, transportation maintenance, transportation scheduling and purchasing.
E. The plan developed by the committee to create school administrative units must consider transportation patterns; physical proximity and ease of physical connectivity for resource sharing; and increased academic opportunity.
3. Plan submission. The committee shall submit its plan and the necessary implementing legislation to the Legislature by December 3, 2007.
4. Staff. The Department of Education, the State Board of Education and the Legislative Council shall provide staff to the committee; and be it further
Sec. 2. Transition. Resolved: That the following provisions apply during the transition to the consolidated school administration plan.
1. Plan implementation. The period of July 1, 2007 to June 30, 2008 is the period during which the transition from the administrative structure that exists on the effective date of this resolve to full implementation of the new consolidated school administration plan authorized under section 1 must occur.
2. Election of new school board members. Elections for school board members must be held at a statewide election held in June 2008.
3. Debt. Any debt that is incurred by a school administrative unit and that exists on the date the plan takes effect remains with the municipalities of the entity that incurred the debt.
4. Advisory committees. Schools that are absorbed into new school administrative unit structures under the consolidated school administration plan may create school advisory committees to provide advice and counsel to school principals; and be it further
Sec. 3. Legislative intent. Resolved: That the Legislature intends that the consolidated school administration plan submitted to it by the committee pursuant to this resolve become law in substantively the same form as it is submitted.
summary
This resolve establishes a mechanism to consolidate the business side of providing kindergarten to grade 12 educational services while leaving in place schools, teachers and students. The resolve establishes the Committee to Consolidate School Administration to develop a plan that eliminates current administrative education units and their governing boards and administration and redraws the boundaries of those units. Under the plan a school administrative unit may consist of a municipality or a new school administrative district and will, on average, serve a range of 2,000 to 2,200 students. New school boards will be elected in June of 2008, which is the last month of the transition period into the new consolidated school administration plan.
LD499 Part MM
Sec. MM-1. 20-A MRSA §1, sub-§3, as enacted by PL 1981, c. 693, §§5 and 8, is amended to read:
3. Board of directors. "Board of directors" means the governing body with statutory powers and duties for a school administrative district unit.
Sec. MM-2. 20-A MRSA §1, sub-§5, as enacted by PL 1981, c. 693, §§5 and 8, is amended to read:
5. Community school district. "Community school district" means a state-approved unit of school administration composed of more than one municipality or school administrative district which that may provide public education for any combination of kindergarten through to grade 12. This subsection is repealed June 30, 2008.
Sec. MM-3. 20-A MRSA §1, sub-§6, as corrected by RR 1991, c. 2, §53 and amended by PL 2003, c. 545, §5, is further amended to read:
6. Cooperative board. "Cooperative board" means the governing body with statutory powers and duties for a career and technical education region. This subsection is repealed June 30, 2008.
Sec. MM-4. 20-A MRSA §1, sub-§8, as enacted by PL 1981, c. 693, §§5 and 8, is amended to read:
8. District board of trustees. "District board of trustees" means a body with statutory powers and duties for a community school district. This subsection is repealed June 30, 2008.
Sec. MM-5. 20-A MRSA §1, sub-§9, as enacted by PL 1981, c. 693, §§5 and 8, is amended to read:
9. District school committee. "District school committee" means the governing body with statutory powers and duties for a community school district. This subsection is repealed June 30, 2008.
Sec. MM-6. 20-A MRSA §1, sub-§14, as enacted by PL 1981, c. 693, §§5 and 8, is amended to read:
14. Joint committee. "Joint committee" means the governing body with statutory powers and duties for implementing a contract for secondary education under chapter 115. This subsection is repealed June 30, 2008.
Sec. MM-7. 20-A MRSA §1, sub-§19, as enacted by PL 1981, c. 693, §§5 and 8, is amended to read:
19. Municipal school unit. "Municipal school unit" means a state-approved unit of school administration composed of a single municipality. This subsection is repealed June 30, 2008.
Sec. MM-8. 20-A MRSA §1, sub-§24-B is enacted to read:
24-B. Region. "Region" means a regional learning community as set forth in chapter 103-A.
Sec. MM-9. 20-A MRSA §1, sub-§24-C is enacted to read:
24-C. Regional learning community. "Regional learning community" means a state-approved school administrative unit.
Sec. MM-10. 20-A MRSA §1, sub-§24-D is enacted to read:
24-D. Regional learning community board. "Regional learning community board" means the governing body with statutory powers and duties for a regional learning community.
Sec. MM-11. 20-A MRSA §1, sub-§25, as enacted by PL 1981, c. 693, §§5 and 8, is amended to read:
25. School administrative district. "School administrative district" means a state-approved unit of school administration, composed of one or more municipalities which that must provide public education to all public school students in the district. This subsection is repealed June 30, 2008.
Sec. MM-12. 20-A MRSA §1, sub-§26, as corrected by RR 1993, c. 1, §44 and amended by PL 2003, c. 545, §5, is further amended to read:
26. School administrative unit. Until June 30, 2008, "School school administrative unit" means the state-approved unit of school administration and includes a municipal school unit, school administrative district, community school district or any other municipal or quasi-municipal corporation responsible for operating or constructing public schools, except that it does not include a career and technical education region. Beginning July 1, 2008, "school administrative unit" means a regional learning community as established in chapter 103-A.
Sec. MM-13. 20-A MRSA §1, sub-§29, as enacted by PL 1981, c. 693, §§5 and 8, is amended to read:
29. School committee. "School committee" means the governing body with statutory powers and duties for a municipal school unit. This subsection is repealed June 30, 2008.
Sec. MM-14. 20-A MRSA §1, sub-§31, as enacted by PL 1981, c. 693, §§5 and 8, is amended to read:
31. School union. "School union" means a union composed of school administrative units joined for the purpose of providing joint administrative services, including a joint superintendent. This subsection is repealed June 30, 2008.
Sec. MM-15. 20-A MRSA §1, sub-§34, as enacted by PL 1981, c. 693, §§5 and 8, is amended to read:
34. Special school district. "Special school district" means a school district created by private and special law for the purpose of constructing or adding to school buildings, but which that does not have the authority or responsibility for operating public schools. This subsection is repealed June 30, 2008.
Sec. MM-16. 20-A MRSA §1, sub-§39, as enacted by PL 1981, c. 693, §§5 and 8, is amended to read:
39. Superintendent. "Superintendent" Until June 30, 2008, "superintendent" means the person in a school administrative unit or school union appointed and having the authority and responsibility under this Title and other applicable statutes. Beginning July 1, 2008, "superintendent" means the person in a regional learning community appointed and having the authority and responsibility under this Title and other applicable statutes.
Sec. MM-17. 20-A MRSA §1, sub-§40, as enacted by PL 1981, c. 693, §§5 and 8, is amended to read:
40. Union committee. "Union committee" means the governing body with statutory powers and duties for a school union. This subsection is repealed June 30, 2008.
Sec. MM-18. 20-A MRSA §1, sub-§41, as enacted by PL 1981, c. 693, §§5 and 8, is amended to read:
41. Union school. "Union school" means a school operated by adjoining municipal school units under a joint agreement. This subsection is repealed June 30, 2008.
Sec. MM-19. 20-A MRSA §1, sub-§44, as corrected by RR 1991, c. 2, §56 and amended by PL 2003, c. 545, §5, is further amended to read:
44. Career and technical education region. "Career and technical education region" is defined in section 8301-A, subsection 6. This subsection is repealed June 30, 2008.
Sec. MM-20. 20-A MRSA c. 103, as amended, is repealed.
Sec. MM-21. 20-A MRSA c. 103-A is enacted to read:
CHAPTER 103-A
REGIONAL LEARNING COMMUNITIES
§1451. Organization of regional learning communities
It is declared the policy of the State to encourage the development of regional learning communities of sufficient size to provide:
1. Opportunity. Equitable educational opportunity for all students to demonstrate achievement of the content standards of the State’s system of learning results established in section 6209;
2. Programs. Rigorous academic programs that meet the requirements of the system of learning results established in section 6209 and that prepare Maine students for college, careers and citizenship;
3. Tax rates. A greater uniformity of school tax rates; and
4. Public funds. A more effective use of the public funds expended for the support of public schools by means of:
A. The creation of regional learning communities; and
B. Administrative structures and efficiencies that permit the organized and regular delivery of uniform state-sponsored professional development programs to promote coherence and consistency in the understanding and application of the State’s standards-based system for continuous improvement in student achievement.
§1452. Establishment of regional learning communities by region
Each regional learning community shall provide educational services, including services to children with disabilities from birth to under 6 years of age and career and technical education, in accordance with this Title, and shall develop and implement policies that encourage collaboration in administration, professional development, educational programming and the sharing of community resources for the continuous improvement of student achievement and the preparation of the students in each regional learning community for college, careers and citizenship. The regional learning communities have boundaries as follows.
1. Regional Learning Community 1. Regional Learning Community 1 includes Allagash, Cyr Plantation, Eagle Lake, Fort Kent, Frenchville, Grand Isle, Hamlin, Madawaska, New Canada, Saint Agatha, Saint Francis Plantation, Saint John Plantation, Van Buren, Wallagrass Plantation and Winterville Plantation.
2. Regional Learning Community 2. Regional Learning Community 2 includes Caribou, Caswell, Fort Fairfield, Limestone, New Sweden, Perham, Stockholm, Wade, Washburn, Westmanland and Woodland.
3. Regional Learning Community 3. Regional Learning Community 3 includes Ashland, Blaine, Bridgewater, Castle Hill, Chapman, Easton, Garfield Plantation, Mapleton, Mars Hill, Masardis, Nashville Plantation, Oxbow Plantation, Portage Lake, Presque Isle and Westfield.
4. Regional Learning Community 4. Regional Learning Community 4 includes Amity, Bancroft, Cary Plantation, Crystal, Danforth, Dyer Brook, Hammond, Haynesville, Hersey, Hodgdon, Houlton, Island Falls, Linneus, Littleton, Ludlow, Merrill, Monticello, Moro Plantation, Mount Chase, New Limerick, Oakfield, Orient, Patten, Sherman, Smyrna, Stacyville and Weston.
5. Regional Learning Community 5. Regional Learning Community 5 includes Alexander, Baileyville, Baring Plantation, Calais, Charlotte, Cooper, Crawford, Dennysville, Eastport, Grand Lake Stream Plantation, Indian Township Reservation, Meddybemps, Pembroke, Perry, Pleasant Point, Princeton, Robbinston, Talmadge and Waite.
6. Regional Learning Community 6. Regional Learning Community 6 includes Addison, Beals, Beddington, Cherryfield, Columbia, Columbia Falls, Cutler, Deblois, East Machias, Harrington, Jonesboro, Jonesport, Lubec, Machias, Machiasport, Marshfield, Milbridge, Northfield, Roque Bluffs, Wesley, Whiting and Whitneyville.
7. Regional Learning Community 7. Regional Learning Community 7 includes Bar Harbor, Blue Hill, Brooklin, Brooksville, Bucksport, Castine, Cranberry Isles, Deer Isle, Eastbrook, Ellsworth, Franklin, Frenchboro, Gouldsboro, Hancock, Isle Au Haut, Lamoine, Mariaville, Mount Desert, Orland, Otis, Penobscot, Prospect, Sedgwick, Sorrento, Southwest Harbor, Steuben, Stonington, Sullivan, Surry, Swans Island, Tremont, Trenton, Verona, Waltham and Winter Harbor.
8. Regional Learning Community 8. Regional Learning Community 8 includes Alton, Amherst, Aurora, Bangor, Bradford, Bradley, Brewer, Carmel, Clifton, Corinth, Dedham, Eddington, Glenburn, Great Pond, Greenbush, Hampden, Hermon, Holden, Hudson, Indian Island, Kenduskeag, Levant, Milford, Newburgh, Old Town, Orono, Orrington, Osborn, Stetson, Veazie and Winterport.
9. Regional Learning Community 9. Regional Learning Community 9 includes Burlington, Carroll Plantation, Chester, Codyville Plantation, Drew Plantation, East Millinocket, Edinburg, Enfield, Glenwood Plantation, Howland, Lakeville, Lee, Lincoln, Lowell, Macwahoc Plantation, Mattawamkeag, Maxfield, Medford, Medway, Millinocket, Passadumkeag, Reed Plantation, Seboeis Plantation, Springfield, Topsfield, Vanceboro, Webster Plantation, Winn and Woodville.
10. Regional Learning Community 10. Regional Learning Community 10 includes Abbot, Atkinson, Beaver Cove, Bowerbank, Brownville, Cambridge, Charleston, Corinna, Dexter, Dixmont, Dover-Foxcroft, Etna, Exeter, Garland, Greenville, Guilford, Harmony, Hartland, Kingsbury Plantation, Lagrange, Lake View Plantation, Milo, Monson, Newport, Palmyra, Parkman, Plymouth, Ripley, Saint Albans, Sangerville, Sebec, Shirley, Wellington and Willimantic.
11. Regional Learning Community 11. Regional Learning Community 11 includes Belfast, Belmont, Brooks, Frankfort, Freedom, Jackson, Knox, Liberty, Monroe, Montville, Morrill, Northport, Searsmont, Searsport, Stockton Springs, Swanville, Thorndike, Troy, Unity and Waldo.
12. Regional Learning Community 12. Regional Learning Community 12 includes Appleton, Camden, Cushing, Friendship, Hope, Islesboro, Lincolnville, Matinicus Isle Plantation, Monhegan Plantation, North Haven, Owls Head, Rockland, Rockport, Saint George, South Thomaston, Thomaston, Union, Vinalhaven, Waldoboro, Warren and Washington.
13. Regional Learning Community 13. Regional Learning Community 13 includes Anson, Athens, Bingham, Brighton Plantation, Burnham, Canaan, Caratunk, Cornville, Dennistown Plantation, Detroit, Embden, Highland Plantation, Jackman, Madison, Mercer, Moose River, Moscow, New Portland, Norridgewock, Pittsfield, Pleasant Ridge Plantation, Skowhegan, Smithfield, Solon, Starks, The Forks Plantation and West Forks Plantation.
14. Regional Learning Community 14. Regional Learning Community 14 includes Albion, Belgrade, Benton, Clinton, Fairfield, Oakland, Rome, Sidney, Waterville and Winslow.
15. Regional Learning Community 15. Regional Learning Community 15 includes Augusta, Chelsea, China, Farmingdale, Fayette, Gardiner, Hallowell, Jefferson, Manchester, Monmouth, Mount Vernon, Palermo, Pittston, Randolph, Readfield, Richmond, Somerville, Vassalboro, Wayne, West Gardiner, Whitefield, Windsor and Winthrop.
16. Regional Learning Community 16. Regional Learning Community 16 includes Alna, Arrowsic, Bath, Boothbay, Boothbay Harbor, Bremen, Bristol, Damariscotta, Dresden, Edgecomb, Georgetown, Newcastle, Nobleboro, Phippsburg, South Bristol, Southport, West Bath, Westport Island, Wiscasset and Woolwich.
17. Regional Learning Community 17. Regional Learning Community 17 includes Bowdoin, Bowdoinham, Brunswick, Durham, Freeport, Harpswell, Pownal and Topsham.
18. Regional Learning Community 18. Regional Learning Community 18 includes Auburn, Greene, Leeds, Lewiston, Lisbon, Litchfield, Mechanic Falls, Minot, Poland, Sabattus, Turner and Wales.
19. Regional Learning Community 19. Regional Learning Community 19 includes Avon, Carrabassett Valley, Chesterville, Coplin Plantation, Dallas Plantation, Eustis, Farmington, Industry, Jay, Kingfield, Lincoln Plantation, Livermore, Livermore Falls, Magalloway Plantation, New Sharon, New Vineyard, Phillips, Rangeley, Rangeley Plantation, Sandy River Plantation, Strong, Temple, Vienna, Weld and Wilton.
20. Regional Learning Community 20. Regional Learning Community 20 includes Andover, Bethel, Byron, Canton, Carthage, Dixfield, Gilead, Greenwood, Hanover, Mexico, Newry, Peru, Roxbury, Rumford, Upton and Woodstock.
21. Regional Learning Community 21. Regional Learning Community 21 includes Buckfield, Harrison, Hartford, Hebron, Norway, Otisfield, Oxford, Paris, Sumner, Waterford and West Paris.
22. Regional Learning Community 22. Regional Learning Community 22 includes Baldwin, Bridgton, Brownfield, Casco, Cornish, Denmark, Fryeburg, Hiram, Lovell, Naples, Parsonsfield, Porter, Sebago, Stoneham, Stow and Sweden.
23. Regional Learning Community 23. Regional Learning Community 23 includes Cape Elizabeth, Chebeague Island, Cumberland, Falmouth, Gray, Long Island, New Gloucester, North Yarmouth, Portland, South Portland and Yarmouth.
24. Regional Learning Community 24. Regional Learning Community 24 includes Buxton, Frye Island, Gorham, Hollis, Limington, Raymond, Scarborough, Standish, Westbrook and Windham.
25. Regional Learning Community 25. Regional Learning Community 25 includes Arundel, Biddeford, Dayton, Kennebunk, Kennebunkport, Old Orchard Beach and Saco.
26. Regional Learning Community 26. Regional Learning Community 26 includes Acton, Alfred, Berwick, Eliot, Kittery, Lebanon, Limerick, Lyman, Newfield, North Berwick, Oqunquit, Sanford, Shapleigh, South Berwick, Waterboro, Wells and York.
§1453. Application of general law
Schools operated by the regional learning communities established in accordance with this chapter are the official schools of the participating municipalities. The provisions of general law relating to public education apply to these schools. State funds for public schools, for programs for children with disabilities from birth to under 6 years of age and for career and technical education must be paid directly to the treasurer of a regional learning community.
§1454. Regional learning community board of directors
Regional learning community boards of directors must be established as follows.
1. Size. The size of each regional learning community board of directors must be determined by a joint meeting of all the municipalities within the regional learning community, but may not consist of fewer than 5 or more than 15 members. Each regional learning community board of directors must include at least one director from each municipality or subdistrict.
2. Term of office. In municipalities with annual elections, directors serve 3-year terms. In municipalities with biennial elections, directors serve 4-year terms. A director serves until a successor is elected and qualified.
3. Compensation. Compensation for attendance at a regional learning community board meeting must be between $10 and $25 per meeting. Whenever the directors recommend to increase their compensation, they shall submit their recommendation to the voters in the regional learning community for approval.
A. On notification by the regional learning community board, the municipal officers shall, at the next regular or special town meeting or city election, prepare a warrant or ballot for the purpose of voting on the proposed increase. The question must be in the following form.
"Do you favor paying a member of the regional learning community board of directors compensation at the rate of $.... for each meeting that member attends?"
B. An increase in compensation is not effective unless approved by a majority of the voters voting on the question.
4. Secretary and treasurer. The superintendent serves as secretary and treasurer of the regional learning community board and shall give a bond to the regional learning community board of a sum and with the sureties as the regional learning community board determines. The bond must be deposited with the chair. The expense of that bond must be paid by the regional learning community. The bond premium, compensation paid directors for attendance at meetings and expenses of the regional learning community must be paid from funds of the regional learning community by the treasurer on vouchers presented and certified by the superintendent and approved by a majority of the regional learning community board or a finance committee duly elected annually by that
board.
5. Oath of office. Before a newly elected director's first board meeting, that director must take the following oath or affirmation before a dedimus justice or notary public.
"I ................ do swear that I will faithfully discharge to the best of my abilities the duties incumbent on me as a regional learning board director of (name of regional learning community) according to the Constitution of Maine and laws of this State. So help me God."
A. A director shall take the oath or affirmation and return a certificate documenting that the oath has been taken to the secretary of the regional learning community to place in the regional learning community board records.
B. If a director is conscientiously scrupulous of taking an oath, the word "affirm" may be used instead of "swear" and the words "this I do under the pains and penalty of perjury" may be used instead of the words "so help me God."
6. Election of officers. The board of directors shall elect a chair and vice-chair and other officers as may be necessary.
§1455. Methods of representation
1. Method A: Subdistrict representation. Under the method of representation referred to as "Method A," directors represent subdistricts.
A. The subdistricts, as far as practicable, must be whole municipalities. If the municipalities are divided into subdistricts, then they must be divided into subdistricts of approximately equal size as determined by the latest Federal Decennial Census or Federal Estimated Census. The municipal officers shall provide a separate voting place for each subdistrict of the municipality.
B. The boundaries of each subdistrict must be determined by a majority vote of the reapportionment committee under section 1458. Each subdistrict must have one director, except that in a municipality composed of 2 or more subdistricts, the joint meeting may authorize the election of directors-at-large.
2. Method B: Weighted votes. Under the method of representation referred to as "Method B," directors cast weighted votes.
A. The reapportionment committee shall apportion 1,000 votes among all the members of the board. The ratio of the number of votes cast by the directors representing a municipality in relation to the number 1,000 must be the same ratio to the nearest whole number as the population of the municipality is in relation to the population of all municipalities in the regional learning community, as determined by the latest Federal Decennial Census or Federal Estimated Census.
B. To ensure the use of whole numbers, the 1,000 votes apportioned among the board members may not be increased or decreased by more than 5 votes.
C. A plan may not permit the voting power of any director to exceed by more than 2% the percentage of voting power the director would have if all 1,000 votes were apportioned equally among the directors.
D. In a municipality served by 2 or more directors, the votes cast by them must be divided equally among them. The directors are elected at large within the municipality unless otherwise provided by municipal charter.
3. Method C: At-large voting. Under the method of representation referred to as "Method C," directors are elected at large by all of the voters in the regional learning community.
4. Method D: Other. Under the method of representation referred to as "Method D," directors are elected by any method other than those set forth in subsections 1, 2 and 3 that meets the requirements of the one-person, one-vote principle.
§1456. Election
For the purpose of nominations, regional learning community board directors are considered municipal officials and must be nominated in accordance with Title 30-A, chapter 121 or with a municipal charter, whichever is applicable.
1. Initial meeting on regional learning community formation. On the election of the regional learning community board of directors, the clerk of each municipality within the regional learning community shall forward the names and addresses of the directors elected for that municipality to the state board with other data with regard to their election as the state board may require. On receipt of the names and addresses of all of the directors, the state board shall set a time, place and date for the first meeting of the directors and give notice to the directors in writing, sent by registered or certified mail, return receipt requested, to the addresses provided by the municipalities.
2. Special provisions. In the election for representation under the methods provided under section 1455, the following apply.
A. In an election under Method A pursuant to section 1455, subsection 1:
(1) Within 60 days, but no earlier than 45 days after notification by the board of directors of the approval or reapportionment plan under section 1458, the municipal officers shall call a special election to elect directors to serve under the plan for the regional learning community;
(2) Nomination papers must be furnished by the secretary of the regional learning community at least 10 days before the deadline for filing of nomination papers. Notwithstanding any other section of this Title, directors must be nominated by obtaining a minimum of 25 and a maximum of 50 signatures of registered voters residing within a subdistrict. The secretary shall notify the municipal officers of the names of candidates in each subdistrict;
(3) The ballots must be prepared in accordance with subparagraph (7);
(4) The clerks of each municipality shall forward to the secretary of the regional learning community the results of the vote by subdistrict;
(5) The regional learning community board shall meet and total the votes cast for each candidate within each subdistrict and shall immediately notify the clerks in each municipality, the candidates and the commissioner of the results of the vote;
(6) The terms of the directors elected under the original municipal representation system cease on the date that the newly elected directors are sworn into office; and
(7) Notwithstanding any other provision of statute, directors must be elected by secret ballot. The ballots must be prepared for and distributed to the municipalities or subdistricts by the secretary of the regional learning community.
B. In an election under Method B pursuant to section 1455, subsection 2:
(1) Reductions in the number of directors must take place in accordance with this chapter;
(2) Additional directors must be added in accordance with this chapter; and
(3) The term of office of additional directors must be determined in accordance with this chapter.
C. In an election under Method C pursuant to section 1455, subsection 3:
(1) Nominations for directors must be made on petitions provided by the regional learning community secretary. The petitions must be signed as provided in Title 30-A, section 2528, subsection 4, or if the candidate is a voting resident in a municipality having less than 200 population, signed by at least 20% of the registered voters of that municipality;
(2) The petitions must be submitted to the registrar of voters in the respective municipalities for certification of the voting residence of the director nominated and of the voters signing the petition;
(3) The registrar of voters must return the certified petitions to the regional learning community secretary not later than 30 days prior to the date of the annual election to be held in the municipality;
(4) The ballot must be prepared and distributed by the regional learning community secretary. It must give the number of offices to be filled and list the candidates by municipalities or subdistricts in which they are resident;
(5) Notwithstanding any other provision of law, regional learning community board directors must be elected by secret ballot;
(6) If all member municipalities do not conduct the election for directors on the same date, then all ballots cast in the elections must be impounded by the clerk of each municipality:
(a) After all municipalities have voted, the clerks and one or more election supervisors designated by the municipal officers of each municipality shall meet at an agreed upon location and tally the ballot;
(b) The tally must be completed within one day of the last member municipality election;
(c) The election supervisors shall select from among their members a chair, who shall supervise the tally of ballots; and
(d) The clerk of each municipality shall as promptly as possible after the election certify to the regional learning community board of directors the result of the voting in that municipality; and
(7) Any recount petitions must be filed with the secretary of the regional learning community and recounts must be conducted in each member municipality in accordance with the applicable laws.
§1457. Vacancies
1. Definition of vacancy. A vacancy on a regional learning community board occurs:
A. When the term of the office of a regional learning community board director expires;
B. When a regional learning community board director changes residency from the municipality or subdistrict from which elected. Evidence that an individual is registered to vote in a municipality is prima facie evidence of that individual's residency;
C. On the death of a regional learning community board director; or
D. When a regional learning community board director resigns.
In addition to paragraphs A, B, C and D, except in municipalities having a municipal charter, when a director is absent without excuse from 3 consecutive regular board meetings, the board may declare that a vacancy exists.
2. Regional learning community board. The regional learning community board shall notify the municipal officers of the municipalities within the regional learning community of the vacancy before the annual town meeting or before the regular city election.
3. Filling vacancies. A vacancy on a regional learning community board must be filled as follows.
A. The municipal officers of the municipality in which the director resided shall select an interim director for the municipality or subdistrict to serve until the next annual municipal election. The interim director shall serve until a successor is elected and qualified.
B. The municipal officers shall provide at the next municipal or subdistrict election for the election of a director to fill the vacancy.
§1458. Reapportionment
The commissioner shall determine the necessity for reapportionment.
1. Duties of commissioner. The commissioner shall determine if a regional learning community is apportioned in accordance with the one-person, one-vote principle if:
A. The commissioner receives a request by the regional learning community board of directors; or
B. The commissioner receives a petition signed by a number of regional learning community voters equal to at least 10% of the voters who voted in the last gubernatorial election in the regional learning community.
In addition to a determination initiated by a request pursuant to paragraph A or a petition pursuant to paragraph B, the commissioner may, of the commissioners' own accord, determine that a regional learning community is not apportioned according to the one-person, one-vote principle.
The commissioner shall make a determination under paragraph A or B within 30 days of receiving the request or the petition.
2. Awaiting census results. If the commissioner receives a request within 12 months before a Federal Decennial Census or Federal Estimated Census, the commissioner may wait until after the new census figures are available to make a determination under subsection 1.
3. Findings and order. If the commissioner finds the regional learning community’s representation is not apportioned in accordance with the principle of one person, one vote, the commissioner shall, within 7 days of that decision, notify the superintendent of the finding and shall order the superintendent to notify the municipal officers in each municipality in the regional learning community and the regional learning community board to create a reapportionment committee. The superintendent's notification must include the commissioner's notification, the information provided pursuant to subsection 6 and the time and place for the first meeting of the committee, which must be held not later than 20 days after the notification.
4. Reapportionment committee membership. The reapportionment committee consists of one municipal officer and one citizen at large from each member municipality, chosen by the municipal officers, and one director from each municipality, chosen by the board of directors. The appointments must be made prior to the first meeting of the committee.
5. Quorum. A majority of the committee constitutes a quorum.
6. Duties of commissioner. The commissioner shall provide the superintendent with the most recent Federal Decennial Census or Federal Estimated Census figures for each municipality in the regional learning community and at least one recommended apportionment plan.
7. Duties of the reapportionment committee. The committee shall:
A. Elect a chair and secretary and may adopt suitable rules of procedure;
B. Consider and by majority vote adopt a plan including the method of representation, total number of directors and number of directors representing each municipality or subdistrict; and
C. Within 90 days of the first meeting, send a report of their plan to the state board for approval. It may, within the 90-day limit, submit alternative plans for apportionment.
8. Commissioner approval. The commissioner shall approve or disapprove the committee plan under subsection 7 within 30 days of receiving it.
9. Failure to gain commissioner approval. If a plan has not been adopted by the committee or approved by the commissioner within the time limits of subsection 7, the commissioner shall prepare a suitable plan.
10. Putting the approved plan into effect. On approval of a plan, the commissioner shall send a certified copy to the municipal officers and regional learning community board of directors. The original plan must be retained in the department files.
A. The plan takes effect immediately upon approval. The committee shall determine the terms of the directors to be elected at the next annual municipal elections so as to comply with this chapter.
B. If the approved plan requires a reduction of the number of directors to be elected in a municipality, the reduction must be achieved in accordance with this paragraph.
(1) If possible, the reduction must be achieved by the voluntary resignation of one or more of the directors.
(2) If the reduction cannot be achieved in accordance with subparagraph (1) and the plan is approved and filed less than 30 days prior to the annual municipal election, the number of open positions to be filled by the election process must be reduced to the number required by the approved plan.
(3) If the reduction cannot be achieved in accordance with subparagraph (1) or (2), or a combination of the 2, all of the remaining existing directors representing the municipality shall choose by lot which directors' terms must terminate.
C. If the approved plan requires that additional directors be elected in a municipality, the municipal officers shall fill the vacancies by appointment. A new director serves until a successor is elected and qualified at the next annual municipal election.
D. The reapportionment committee is dissolved after the approved plan is implemented.
11. Duties of present directors during reapportionment. The regional learning community board of directors, during the reapportionment of its membership, serves as legal representatives of the regional learning community until the reapportionment is completed. The board shall carry out all business of the regional learning community, including the borrowing of necessary funds that may be required during the period of reapportionment.
12. State board review of commissioner's decisions. A regional learning community board or interested parties may request that the state board reconsider decisions made by the commissioner in this section. The state board has the authority to overturn a decision made by the commissioner. In exercising this power, the state board is limited by this section.
13. Rules. The state board may adopt rules to carry out this section. Rules adopted pursuant to this section are routine technical rules pursuant to Title 5, chapter 375, subchapter 2-A.
§1459. Powers and duties
The regional learning community board of directors:
1. Regional learning community name. May select an unofficial name for the regional learning community;
2. Finance committee. May elect a finance committee of 3 or more members who must be directors;
3. Operating schools. Shall authorize and oversee the operation of elementary schools;
4. Purchase of land outside the regional learning community. May purchase land outside of the geographical limits of the regional learning community and erect a school on it if, because of the location of other schools within the regional learning community or transportation difficulties, a school within the regional learning community would not be in the best interests of the regional learning community;
5. Bylaws. Shall adopt bylaws for the regulation of the affairs of the regional learning community board and the conduct of its business; and
6. Gifts. May accept and receive money or other property, outright or in trust, for any specified benevolent or educational purpose. The regional learning community board shall comply with the following in accepting gifts.
A. If the board receives written notice from a prospective donor or a representative of the donor of a proposed gift, the board shall submit the matter to the next regular meeting of the board or shall call a special meeting. The board shall, within 10 days after the meeting, send written notice to the prospective donor or representative of its acceptance or rejection.
B. If the gift is in trust, the board shall cause the trust funds to be deposited or invested according to Title 30-A, chapter 223, subchapter 3-A.
(1) Unless prohibited by a trust instrument, the regional learning community may treat any 2 or more trust funds as a single fund for the purposes of investment.
(2) After deduction for management expenses, any interest earned or capital gains realized must be prorated among the various trust funds.
(3) Property or securities included in the corpus of a trust fund must be retained where the trust instrument so provides.
(4) Unless otherwise specified in the trust instrument, only the annual income from the trust fund may be spent.
(5) If the regional learning community fails to comply with the terms of the trust instrument, the trust fund reverts to the donor or the donor's heirs.
C. If the money or other property is a conditional gift for any specified benevolent or educational purpose, the following applies.
(1) Prior to the acceptance of a gift, the board of directors must obtain approval of the legislative body of the regional learning community.
(2) When the donor's part of the agreement respecting the execution of the conditional gift has been completed, the regional learning community shall perpetually comply with, and may raise money to carry into effect, the conditions upon which it was made.
(3) Unless otherwise specified by its terms, a conditional gift of money must be deposited or invested according to Title 30-A, chapter 223, subchapter 3-A.
§1460. Quorum
At least a majority of the regional learning community board of directors in number and voting power constitutes a quorum.
§1461. Program
A regional learning community shall maintain a program that includes kindergarten to grade 12.
1. Secondary school. A regional learning community shall provide a secondary school facility as follows.
A. A regional learning community that enrolls more than 700 pupils in grades 9 to 12 may operate more than one 4-year school.
B. Secondary school facilities may be operated as 4-year schools, a 6-year school for grades 7 to 12 or 2 or more 3-year schools, except that students living in an area remote from a public school may be provided for under section 5204.
2. Contracts for secondary school programs. In addition to the provisions for a secondary school facility set forth in subsection 1, a regional learning community may contract with a nearby regional learning community or with a private school approved for tuition purposes for all or part of its secondary school pupils. The contract may run from a period of 2 to 10 years. The contract must also comply with section 2703 and may provide for the formation of a joint committee in accordance with section 2704. A regional learning community in which a school administrative unit in existence prior to June 30, 2008 has contracted for secondary school programs is bound by the terms of that contract, unless otherwise negotiated by the parties.
§1462. Finances
A regional learning community may raise money, in addition to the local contribution pursuant to section 15690-A, subsection 1, for establishing and maintaining public schools, erecting buildings and providing equipment. The additional costs of operating a regional learning community must be shared among all municipalities within the regional learning community by the same local share percentages for each municipality resulting from the determination of the local contribution under section 15688.
§1463. Budget preparation
The regional learning community budget must be prepared as follows.
1. Preparation by regional learning community board. The regional learning community board of directors shall annually prepare a budget for:
A. Operational costs;
B. Bonds falling due;
C. Interest on bonds or other obligations;
D. Rentals and other charges in a contract; and
E. Temporary loans.
2. Distribution. At least 7 days before the regional learning community budget meeting, the board of directors shall make available to the legislative body responsible for final budget approval and residents of the regional learning community a detailed budget document. The detailed budget document must include a summary of anticipated revenues and estimated school expenditures.
§1464. Regional learning community budget; budget formats
1. Content. Effective July 1, 2008, a regional learning community shall include in its budget document:
A. The regional learning community's total cost of funding public education from kindergarten to grade 12, its non-state-funded debt service, if any, and any additional expenditures authorized by law;
B. A summary of anticipated revenues and estimated school expenditures for the fiscal year; and
C. The following statement, including the estimated dollar amount of state retirement payments: "This budget does not include the estimated amount of $....... in employer share of teacher retirement costs that is paid directly by the State."
§1465. Actions on budget
Effective July 1, 2008, the following provisions apply to approving a regional learning community budget under this chapter.
1. Checklist required. Prior to a vote on articles dealing with regional learning community appropriations, the moderator of a regular or special regional learning community budget meeting shall require the clerk or secretary to make a checklist of the registered voters present. The number of voters listed on the checklist is conclusive evidence of the number present at the meeting.
§1466. Cost center summary budget format
After January 31, 2008, the format of the annual budget of a regional learning community must be in accordance with this chapter.
1. Cost center summary budget format. The regional learning community budget must consist of the following cost centers and supporting data:
A. Expenditures:
(1) Prekindergarten to grade 12 instruction;
(2) Instructional support;
(3) Leadership;
(4) Operations;
(5) Transportation; and
(6) Other commitments;
B. Revenue sources:
(1) Total education costs appropriated pursuant to section 15690, subsection 1;
(2) Non-state-funded debt service costs approved pursuant to section 15690, subsection 2, if any; and
(3) Additional local funds, if any, approved pursuant to section 15690, subsection 3, paragraph A or B;
C. A summary of total regional learning community expenditures; and
D. Other optional local data showing the amount and percentage of changes proposed in the state allocation, the local share and the total regional learning community budget and related information determined appropriate by the regional learning community board of directors.
2. Budget warrant. The warrant articles presented to the legislative body of the regional learning community for approval of the regional learning community budget must correspond to the categories of the cost center summary budget described in subsection 1. In addition to expenditure and revenue cost center summary totals, the board of directors shall provide to voters a reasonably detailed breakdown for each major subcategory within each budget category. The department shall adopt routine technical rules pursuant to Title 5, chapter 375, subchapter 2-A defining and establishing the content of those informational subcategories.
3. Budget approval. A regional learning community's cost center summary budget must be approved at a regional learning community budget meeting and by a budget validation referendum as provided in section 1467.
4. Transfer between budget cost center lines. During the year for which the budget is approved using the cost center summary budget format, the regional learning community board of directors may transfer an amount not exceeding 5% of the total appropriation for any cost center to another cost center or among other cost centers without voter approval.
§1467. Budget validation referendum
After January 31, 2008, the procedure for approval of the annual budget of a regional learning community must be in accordance with this section and section 1466.
1. Budget validation. Following development of the annual regional learning community budget and approval at a regional learning community budget meeting as provided in section 1466, a referendum must be held in the regional learning community as provided in this section to allow the voters to validate or reject the total budget adopted at the regional learning community budget meeting.
2. Validation referendum procedures. The budget validation referendum must be held on the 3rd day, other than Saturday, Sunday or a legal holiday, following the scheduled date of the regional learning community budget meeting. The vote at referendum is for the purpose of approving or rejecting the total regional learning community budget approved at the regional learning community budget meeting. The board of directors shall provide printed information to be displayed at polling places to assist voters in voting. That information is limited to the total amounts proposed by the board of directors for each cost center summary budget category article, the amount approved at the regional learning community budget meeting and a summary of the total authorized
expenditures.
3. Budget validation referendum voting. The method of calling and voting at a budget validation referendum is as provided in sections 1476 and 1477, except as otherwise provided in this subsection or as is inconsistent with other requirements of this section.
A. A public hearing is not required before the vote.
B. The warrant for a regional learning community budget meeting to be followed by a budget validation referendum may be a consolidated warrant covering both.
C. The warrant and absentee ballots must be delivered to the municipal clerk at least 7 days before the date of the regional learning community budget meeting.
D. Absentee ballots received by the municipal clerk may not be processed or counted unless received after the conclusion of the regional learning community budget meeting and before the close of the polls.
E. All envelopes containing absentee ballots received before the conclusion of the regional learning community budget meeting or after the close of the polls must be marked "rejected" by the municipal clerk.
F. The article to be voted on must be in the following form.
"Do you favor approving the (name of regional learning community) budget for the . . . school year that was adopted at the regional learning community budget meeting on . . .?
Yes No"
4. Failure to approve budget. If the voters do not validate the budget approved in the regional learning community budget meeting at the budget validation referendum vote, the regional learning community board of directors shall hold another regional learning community budget meeting in accordance with this section and section 1466 at least 10 days after the referendum to vote on a budget approved by the board of directors. The budget approved at the regional learning community budget meeting must be submitted to the voters for validation at referendum in accordance with this section. The process must be repeated until a budget is approved at a regional learning community budget meeting and validated at referendum. If a budget is not approved and validated before July 1st
of each year, section 1468 applies.
§1468. Failure to pass budget
If a budget for the operating of the regional learning community is not approved prior to July 1st, the latest budget as submitted by the board of directors is automatically considered the budget for operational expenses for the ensuing year until a final budget is approved, except that, when the regional learning community board delays the regional learning community budget meeting, the operating budget must be approved within 30 days of the date the commissioner notifies the regional learning community board of the amount allocated to the regional learning community under section 15689-B or the latest budget submitted by the regional learning community board of directors becomes the operating budget for the next school year.
§1469. Special budget meeting
The school board may call a special budget meeting when it declares an emergency exists. The voters of the regional learning community may authorize the directors at a special regional learning community budget meeting to expend additional funds from the regional learning community's undesignated fund balance or to pledge the credit of the regional learning community to obtain additional money for the operation of schools. A special budget meeting held on or after July 1, 2008 must be conducted in accordance with sections 1466 and 1467.
§1470. Regional learning community assessments
Regional learning community assessments must follow these procedures.
1. Warrant. In accordance with the budget approved by the voters at an annual budget meeting and in substantially the same form as the warrant of the Treasurer of State for taxes, the regional learning community board of directors shall issue its warrants to the assessors of each member municipality requiring them to assess upon the taxable estates within the municipality an amount that is that municipality's share of the regional learning community's costs.
2. Commitment. The municipal assessors shall commit the assessment to the constable or collector. Constables and collectors have the authority and powers to collect the regional learning community's taxes as is vested in them by law to collect state, county and municipal taxes.
3. Installments. The regional learning community board of directors shall notify the member municipalities of the monthly installments that will become payable during the fiscal year.
4. Payment. A municipal treasurer shall pay the amount of the tax assessed in the fiscal year against the municipality to the treasurer of the regional learning community. The payments must be paid in monthly installments on or before the 20th of each month.
5. Gifts. A municipality may use the proceeds from gifts or trust funds allocated for educational purposes to pay its share of the assessment.
6. Enforcement. If a municipal treasurer fails to pay the installment due, or any part, on the dates required, to initiate collection procedures, the treasurer of the regional learning community may notify the municipal treasurer of the failure to pay. Interest accrues on each unpaid installment at the rate established under Title 36, section 186 beginning on the 60th day after the date the installment is due under subsection 4. If payment of an installment is not made within 60 days after the due date, the treasurer of the regional learning community may initiate an action in Superior Court to compel payment of the delinquent installment. The court shall determine the amount owed by the municipality to the regional learning community and shall order the municipal
treasurer to pay all delinquent installments, accrued interest and any court costs and reasonable attorney's fees incurred by the regional learning community. To ensure prompt payment of the delinquent installments, the court may require that amounts due to the municipality from the State under Title 30-A, section 5681 and Title 36, sections 578 and 685 be paid to the regional learning community until the amount determined by the court is satisfied. The court shall promptly notify the disbursing state agency of the determination and direct the agency to make the required change in payee and the amounts to be paid. If additional funds are needed to satisfy the amount determined by the court to be paid to the regional learning community, the court may order the attachment or trustee process and sale of real or personal property owned by the municipality or the attachment of the municipality's bank accounts or require property tax payments to the municipality to be turned over to
the court and may pay the amount owed the regional learning community from the proceeds and return any excess to the municipality.
§1471. Power to borrow money
A regional learning community may borrow money as follows.
1. Regional learning community board of directors. The regional learning community board of directors may borrow money to pay for:
A. Current operating expenses of the regional learning community if the loans are repaid within 13 months of the date of borrowing and are limited to an amount reasonably required for current operating expenses;
B. School construction projects as defined in section 15901; and
C. Minor capital costs as defined in section 15672, subsection 20-A.
2. Voter approval. Bonds or notes for school construction purposes must first be approved by a majority of voters of the regional learning community voting at an election called by the regional learning community board of directors and held as provided in this chapter, except as is otherwise provided in this section.
A. Each bond or note must have inscribed upon its face the name of the regional learning community, the date it was issued, the amount of the bond or note and the annual interest rate, payable semiannually. Each bond or note must be in the form and be sold in the manner, at public or private sale, as the regional learning community board of directors determines in accordance with state law. Bonds may not be sold for less than par.
B. Notes or bonds issued by a regional learning community must be signed by the treasurer or assistant superintendent and countersigned by the chair of the regional learning community board of directors. If coupon bonds are issued, each coupon must be attested by a facsimile signature of the treasurer.
C. Each issue of bonds must mature in substantially equal annual installments so that the first installment is payable not later than 2 years and the last installment not later than 25 years after the date of issue.
3. Temporary notes. Prior to issuing authorized school construction bonds or notes, the regional learning community board of directors may borrow in anticipation of their sale by issuing temporary notes and renewal notes subject to the following.
A. The total face value amount of the temporary notes and renewal notes may not exceed at any one time the authorized outstanding amount of the school construction bonds or notes.
B. If the proceeds of an issue of bonds are used in whole or in part to fund temporary notes, the period during which the issue of bonds is outstanding plus the period of the loan represented by the temporary notes or renewal notes may not exceed 25 years.
C. Temporary notes mature not later than 3 years from the date the first temporary note is issued.
D. Temporary notes and renewal notes are legal obligations of the regional learning community.
E. The board of directors of a regional learning community that has received a certificate of approval of a school construction project pursuant to Title 20, section 3458 to be paid in accordance with the alternate method prescribed in Title 20, section 3460 may borrow in anticipation of unpaid portions of state aid and may issue temporary and renewal notes.
F. If the temporary or renewal notes in anticipation of state aid exceed the aggregate amount of state aid actually received by the regional learning community, the unexpended balance of those notes must be used for the repayment. If an outstanding balance remains, it must be included in the next annual budget and is not subject to change at the regional learning community budget meeting.
4. Early redemption. Bonds or notes issued on behalf of a regional learning community may be made subject to call for redemption, with or without premium, at the election of the regional learning community board of directors before the date fixed for final payment of those bonds or notes. When these bonds or notes are issued, they must contain provisions setting forth the method by which the option to call may be exercised, the procedure for payment in the event of call and the legal effect of making the call.
5. Regional learning community status. Notes and bonds, and loans to pay current operating expenses and contracts are legal obligations of the regional learning community. The regional learning community is a quasi-municipal corporation within the meaning of Title 30-A, section 5701 and all the provisions of that section apply to it.
6. Debt limit. The aggregate principal amount of outstanding bonds or notes issued by a regional learning community for school construction purposes may not exceed, at any one time, 10% of the total of the last preceding state valuation of all the municipalities within the regional learning community plus an amount not to exceed 4% of that total regional learning community valuation set by the state board at the time of the initial approval of the school construction project.
A. Indebtedness in excess of 10% incurred under the law as it existed prior to April 1, 1974 is validated.
B. Outstanding school indebtedness assumed by the regional learning community must be included in its limit of indebtedness, excluding contracts and notes in anticipation of state aid issued pursuant to subsection 3.
C. The percentage limit of the indebtedness for bonds or notes for school construction purposes authorized after April 27, 1967 must be fixed as of the time of authorization by the voters or, if no regional learning community meeting is held to authorize those bonds or notes, upon the expiration of 35 days following passage of a resolution of the board of directors as described in subsection 7.
D. If the issuance of bonds or notes together with all outstanding indebtedness included within the regional learning community's limit of indebtedness would cause the regional learning community's indebtedness to exceed 10% of the total of the last preceding state valuation of all the municipalities within the regional learning community, the regional learning community board of directors may not issue those bonds or notes until it has received a certificate of approval pursuant to Title 20, section 3458.
E. If a certificate of approval under Title 20, section 3458 indicates that the state board has authorized state aid to be paid in accordance with the alternate method prescribed by Title 20, section 3460, the total estimated amount of state aid payable on account of the school construction project described in the certificate of approval must be treated as outstanding school indebtedness for the purpose of computing the borrowing capacity of the regional learning community to finance that project by issuing its bonds or notes. State aid is determined by applying the applicable percentage of state aid to the total estimated cost of the project, as set forth in the certificate of approval.
7. Bonds and notes under 1% of valuation. The regional learning community board of directors may issue bonds or notes not to exceed 1% of the last preceding state valuation of all the municipalities within the regional learning community:
A. By calling a regional learning community meeting to approve the issuance of those bonds or notes; or
B. By passing a resolution to that effect, setting forth the amount of the proposed issue and the purposes for which the proceeds will be used and meeting the following requirements.
(1) The secretary of the board shall, within 5 days of the date of the passage of the resolution, cause attested copies of the resolution to be posted in 3 public and conspicuous places within each of the municipalities within the regional learning community. The secretary shall make a return of the posting stating its time and place. The return must be kept with the records of the regional learning community, and a copy of the return must be mailed to each of the municipal officers of each municipality within the regional learning community.
(2) If, within 35 days of the date of the passage of the resolution, petitions with signatures of at least 10% of the residents in the regional learning community eligible to vote on the date that the resolution was adopted are filed with the secretary requesting a vote of the regional learning community to approve or disapprove the issuance of the bonds or notes, the secretary shall immediately notify the board. The board shall call a referendum for that purpose as set forth in this chapter.
(3) The board may not authorize bonds or notes by resolution if the amount of the proposed issue, together with the amount of any other bonds or notes authorized solely by resolution and that are for the same purpose, exceeds 1% of the total of the last state valuation of all the participating municipalities.
§1472. Reserve fund
A regional learning community may establish a reserve fund as follows.
1. Establishment. A regional learning community may establish a reserve fund for school construction projects, financing the acquisition or reconstruction of a specific or type of capital improvement or financing the acquisition of a specific item or type of capital equipment by including a request in the regional learning community budget and receiving voter approval. The regional learning community board of directors is the trustee of the reserve fund. The reserve fund must be deposited or invested by the treasurer under the direction of the regional learning community board.
2. Deposit or investment. All regional learning community funds, including reserve funds and trust funds to the extent not prohibited by the terms of the instrument or vote creating the fund, must be deposited or invested by the treasurer under the direction of the regional learning community board of directors according to the requirements for the deposit or investment of municipal funds contained in Title 30-A, chapter 223, subchapter 3-A.
3. Expending money from reserve funds. The regional learning community board of directors may expend the sum in the reserve fund when authorized to do so by a vote of the regional learning community at a regional learning community meeting or a regional learning community budget meeting when an article for that purpose is set out in the warrant calling the meeting.
§1473. Bid procedure
This section applies to bids.
1. Written bids. Bids must be in writing, sealed with the outside envelope or wrapper plainly marked "Bid, not to be opened until (appropriate date)" and mailed to or filed with the superintendent.
2. Time of opening. A director on the regional learning community board or an employee of the regional learning community may not open a bid until the appointed time.
3. Public opening. At the time and place stated in the public notice, and open to the public, all bids must be opened by the superintendent or, in the superintendent's absence or disability, by any director designated for the purpose by the chairman of the board of directors.
4. Reading. If any citizens who are not regional learning community board directors or employees of the regional learning community are present or if any representatives of the press are present, bids must at the time either be made available for examination by them or must be read aloud in a manner to be heard plainly by those in attendance.
§1474. Void contracts
A contract made by the regional learning community board of directors in a regional learning community during the term of a member who is pecuniarily interested in that contract, either directly or indirectly, is void, unless the regional learning community board of directors has advertised for sealed bids for that contract and that advertisement for sealed bids has been published at least 5 days prior to the date set for closing of bids in a newspaper having general circulation within the regional learning community.
§1475. Regional learning community referendum
1. Authority to call a regional learning community referendum. The regional learning community board shall initiate a regional learning community referendum:
A. To approve the issuance of bonds or notes for school construction projects;
B. To approve a change in the selection of a school building site;
C. To authorize the board of directors to contract for the schooling of secondary pupils;
D. To accept or reject a prospective gift; and
E. To borrow funds for minor capital costs as defined in section 15672, subsection 20-A.
§1476. Method of calling a regional learning community referendum
A regional learning community referendum must be initiated by a warrant prepared and signed by a majority of the regional learning community board of directors. The warrant must be countersigned by the municipal officers in the municipality where the warrants are posted.
1. Municipal officers. The warrant must direct the municipal officers within the regional learning community to call a referendum on a date and time determined by the regional learning community board of directors. A warrant must be prepared and distributed at least 30 days prior to the date of the referendum, except that a warrant for a regional learning community budget referendum held in accordance with this chapter must be prepared and distributed at least 14 days prior to the date of the referendum.
A. The warrant must be directed to a resident of the regional learning community by name, ordering the resident to notify the municipal officers of each of the municipalities within the regional learning community to call a town meeting or city election on the date specified by the regional learning community board of directors. No other date may be used. The person who serves the warrant shall make a return on the warrant stating the manner of services and the time when it was given.
B. The warrant must be served on the municipal clerk of each of the municipalities within the regional learning community by delivering an attested copy of the warrant in hand within 3 days of the date of the warrant. The municipal clerk, on receipt of the warrant, shall immediately notify the municipal officers within the municipality. The municipal officers shall forthwith meet, countersign and have the warrant posted.
C. The warrants and other notices for the referendum must be in the same manner as provided in Title 21-A, except that the regional learning community board of directors shall hold a public hearing at least 7 days before the referendum vote. At least 7 days before the public hearing, the regional learning community board of directors shall give notice of the public hearing by having a copy of the proposed referendum, together with the time and place of hearing, posted in the same manner required for posting a warrant under this section.
2. Content of the warrant. The warrant must set forth the articles to be acted on in each municipal referendum. The articles must have the following form.
A. On or after July 1, 2008, when a referendum is called for the purpose of authorizing the issuance of bonds or notes for capital outlay purposes, the articles must be substantially as follows.
(1) "Do you favor authorizing the board of directors of (name of regional learning community) to issue bonds or notes in the name of this regional learning community for school construction purposes in an amount not to exceed $.......... to construct a ....................................................... (elementary or secondary school) to be located at......................... (specifically defined lot where school is to be erected)
Yes No"
(2) "Do you favor authorizing the board of directors of (name of regional learning community) to issue bonds or notes in the name of this regional learning community for school construction or minor capital projects in an amount not to exceed $.......... for the purpose of ..................................................... (purpose of school construction project)
Yes No"
(3) "Do you favor authorizing the board of directors of (name of regional learning community) to use the bond issue or notes in an amount not to exceed $......... which was voted by the regional learning community on ................... (date) to construct a ........................... (elementary or secondary school) to be located at ............................................................................... (specifically defined lot where school is to be located)
Yes No"
(4) "Do you favor authorizing the board of directors of (name of regional learning community) to construct a .......................................................... (elementary or secondary school) to be located at ................................................................... (specifically defined lot where school is to be located) with the total project cost not to exceed $......... and to issue bonds or notes in the name of this regional learning community for school construction purposes in an amount not to exceed $......... with the balance of the total project costs to be derived from ..................................................................... (description of other sources of funds such as initial state share where approved for current fiscal year funding,
proceeds from insured losses, money from federal sources, other noneducational funds, etc.)
Yes No"
B. When a regional learning community votes to change the site of its school construction project using the article in paragraph A, subparagraph (3), the date of authorization of the project is the original date the voters authorized the regional learning community board to issue bonds or notes for that project.
C. On or after July 1, 2008, when a referendum is called for the purpose of authorizing the regional learning community board to contract for the schooling of secondary pupils, the article must be as follows.
"Do you favor authorizing the board of directors of (name of regional learning community) to contract in the name of this regional learning community with (name of regional learning community or private school) for the schooling of secondary pupils for a term of .................... years?
Yes No"
D. On or after July 1, 2008, when a referendum is called for the purpose of authorizing a change in the method of sharing costs in the regional learning community, the article must be as follows.
"Do you favor changing the method of sharing costs in (name of regional learning community) from the present method of ........................... (describe) to the method of: ..................... (describe).
Yes No"
E. On or after July 1, 2008, when a referendum is called for the purposes of accepting or rejecting a prospective gift, the article must be as follows.
"Do you favor authorizing the board of directors of (name of regional learning community) to accept a prospective gift under the following conditions? ..................................(terms and conditions).
Yes No"
§1477. Referendum procedures
The following procedures apply to a regional learning community referendum.
1. Ballots. The regional learning community board of directors shall prepare and furnish the required number of ballots for carrying out the referendum as posted, including absentee ballots. The regional learning community board of directors shall prepare and furnish all other materials necessary to fulfill the requirements for voting procedures.
2. Voting. Voting must be held and conducted as follows.
A. The voting at referenda held in towns must be held and conducted in accordance with Title 30-A, sections 2524 and 2528 to 2532, even though the town has not accepted the provisions of Title 30-A, sections 2524 and 2525. The facsimile signature of the clerk under Title 30-A, section 2528, subsection 6, paragraph F must be that of the regional learning community chair of the board of directors. If a regional learning community referendum is called to be held simultaneously with any statewide election, the voting in towns must be held and conducted in accordance with Title 21-A, except that the duties of the Secretary of State must be performed by the regional learning community board of directors and if the statewide election is a primary election, any registered voter may vote in the referendum.
The absentee voting procedure of Title 21-A must be used, except that the duties of the Secretary of State must be performed by the regional learning community board of directors.
B. The voting at referenda in cities must be held and conducted in accordance with Title 21-A, including the absentee voting procedure, except that the duties of the Secretary of State must be performed by the regional learning community board of directors and if the statewide election is a primary election, any registered voter may vote in the referendum.
3. Return and counting. The return and counting of votes must be as follows.
A. The municipal clerk shall, within 24 hours of the determination of the results of the vote in the municipality, certify and send to the regional learning community board of directors the total number of votes cast in the affirmative and in the negative on each article.
B. As soon as all of the results from all of the municipalities have been returned to the regional learning community board of directors, the regional learning community board of directors shall meet and compute the total number of votes cast in all of the municipalities within the regional learning community in the affirmative and in the negative on each article.
C. If the regional learning community board of directors determines that there were more votes cast in the affirmative than in the negative on a given article, it shall declare that the article has passed.
D. If the regional learning community board of directors determines that the total number of votes cast on an article in the affirmative is equal to or less than those cast in the negative, it shall declare that the article has not passed.
E. The regional learning community board of directors shall enter its declaration and computations in its records and send certified copies to the clerk of each municipality within the regional learning community.
§1478. Reconsideration
The procedure to reconsider votes taken at a regional learning community referendum is as follows.
1. Time limit. The regional learning community board of directors shall, within 60 days, initiate a new regional learning community referendum to reconsider the vote of the previous referendum if, within 7 days of the first referendum, at least 10% of the number of voters voting for the gubernatorial candidates in the last gubernatorial election in the municipalities within the regional learning community petition to reconsider a prior regional learning community referendum vote.
2. Required quorum. A reconsideration referendum is not valid unless the number of persons voting in that referendum is at least equal to the number who voted in the prior regional learning community referendum.
3. Bond. If the margin of the vote being reconsidered was between 10% and 25%, the petitioners shall post a bond with the petition equal to the actual and reasonable costs of the new referendum. If the margin of the vote being reconsidered exceeded 25%, the petitioners shall post an additional bond equal to the actual and reasonable costs that may be incurred as a result of the delay of an authorization or approval granted in the prior regional learning community referendum. If the petitioners are successful, the bonds must be canceled.
§1479. Bonds; notes; other
All bonds, notes or other evidences of indebtedness issued for regional learning community purposes by a regional learning community for major capital expenses, bus purchases or current operating expenses, including tax or other revenue anticipation notes, are general obligations of the regional learning community.
1. Tax assessments. The municipal officers or regional learning community board of directors shall require the sums that are necessary to meet in full the principal of and interest on the bonds, notes or other evidences of indebtedness issued pursuant to this section payable in each year to be assessed and collected in the manner provided by law for the assessment and collection of taxes.
2. Reduction. The sums to be assessed and collected under subsection 1 must be reduced by the amount of an allocation of funds appropriated by the Legislature to pay the principal and interest owed by the regional learning community in a given year as certified to the regional learning community by the commissioner. The commissioner shall certify the amount due to the regional learning community within 30 days of its appropriation by the Legislature.
3. Collection. After assessment and reduction under subsection 2, the remaining sum must be paid from ad valorem taxes, which may be levied without limit as to rate or amount upon all the taxable property within the regional learning community.
§1480. Closing school
1. Vote; cost of election. A school in a member municipality of a regional learning community may not be closed unless the voters in the member town vote on the following article in accordance with the referendum procedure set forth in this chapter.
"Article: Do you favor authorizing the board of directors of (name of regional learning community) to close ............................................. (name of school)?
Yes No"
(The election must be conducted only within that member municipality, and the costs of the election are borne by the regional learning community.)
2. Expense of keeping the school open. If the voters vote to keep the school open, the member municipality is liable for some additional expense for actual local operating costs and transportation operating costs as defined in section 15672. The determination of costs is subject to the approval of the commissioner. The cost to be borne by the town voting to keep a school open is the amount that would be saved if the school were closed. Any additional costs that must be borne by the member municipality must be part of the article presented to the voters at the meeting to determine whether the school should remain open.
3. Costs and procedures during subsequent years. During any year subsequent to the year during which a school remains open contrary to the regional learning community board of directors' vote to close that school, as a result of a municipal referendum, the school will be open without any additional cost to the municipality except as described in paragraphs A and B.
A. If the regional learning community board of directors again votes to close the school and the voters of the member municipality again vote to keep the school open, as described in this subsection, then the school will remain open and the member municipality will be obligated to pay the additional costs as described in subsection 2.
B. If the regional learning community board of directors again votes to close the school and the voters of the member municipality fail to vote to keep the school open, then the school is closed. In this event, the school may be reopened only if the regional learning community board of directors votes to reopen the school.
4. Definition of school closing. For purposes of this section, a school closing is any action or actions by the regional learning community board of directors that have the effect of providing no instruction for any students at that school.
5. Method of payment by liable municipality. If a municipality is liable for additional expenses as determined in subsection 3, paragraph A, then the amount of this additional expense must be subtracted from the regional learning community budget before each member municipality's assessment is computed. This additional expense must be paid by the member municipality that is liable in equal monthly amounts, unless the regional learning community and that member municipality mutually agree to another method of payment.
§1481. State board review of commissioner's decisions
A regional learning community or other interested party may request that the state board reconsider decisions made by the commissioner under this chapter. The state board has the authority to overturn decisions made by the commissioner. In exercising this power, the state board is limited by this chapter.
§1482. Rules
The state board may adopt rules to carry out this chapter. Rules adopted under this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
§1483. Transition
A regional learning community must be in full compliance with this chapter no later than July 1, 2008.
Sec. MM-22. 20-A MRSA c. 105, as amended, is repealed.
Sec. MM-23. 20-A MRSA c. 107, as amended, is repealed.
Sec. MM-24. 20-A MRSA c. 109, as amended, is repealed.
Sec. MM-25. 20-A MRSA c. 111, as amended, is repealed.
Sec. MM-26. 20-A MRSA §2705 is enacted to read:
§2705. Absence of contract
A student who resides in a school administrative unit that does not maintain that student's grade from kindergarten to grade 12, and that does not enter into a contract for the education of its students pursuant to this chapter, has the option of attending a public school in another school administrative unit or private school approved for the receipt of public funds pursuant to chapter 117 subject to the provisions of chapter 219. Beginning in school year 2008-2009, the same option may be exercised by a student in a regional learning community, if that option was available from the school administrative unit in existence prior to June 30, 2008 in which that student resides.
Sec. MM-27. 20-A MRSA §4102, as amended by PL 1999, c. 206, §3, is further amended by adding at the end a new paragraph to read:
This section is repealed June 30, 2008.
Sec. MM-28. 20-A MRSA §4102-A is enacted to read:
§4102-A. Closing of a school building
The closing of a school building by a regional learning community may occur only when:
1. Replaced by new building. The school building has been replaced by other school buildings as part of a school construction project that has been approved by the state board or the commissioner in accordance with chapter 609;
2. Condemned. The school building has been condemned and ordered closed by local or state officials for health and safety reasons; or
3. Lack of need. The building has been determined to be unnecessary or unprofitable to maintain by the governing body of the regional learning community. Before a building may be closed under this subsection, a report must be filed with the commissioner. The report must include, at a minimum:
A. A projection of the number of students in the affected area over the next 5 school years, including a projection of the educational programs that they will need;
B. The manner in which the continuation of the educational programs for the affected students will be provided;
C. The effective date on which the closing will take place;
D. A projection of additional transportation or other related services;
E. The existence of any other outstanding financial commitments, including debt service, related to the school building along with a retirement schedule of payments to meet the commitments;
F. The proposed disposition of the school building;
G. The financial impact of closing the school building; and
H. A statement of reasons why the school building is being closed.
Before a regional learning community board of directors may close a school building pursuant to this subsection, voter approval must be obtained in accordance with section 1480.
Sec. MM-29. 20-A MRSA §7209, sub-§1, ¶E, as enacted by PL 2005, c. 662, Pt. A, §30, is amended to read:
E. The department, in consultation with regional sites, shall develop an action plan with timelines to achieve compliance with federal or state law. The department may assume temporary responsibilities for operations at a regional site that fails to meet compliance requirements. This paragraph is repealed June 30, 2008.
Sec. MM-30. 20-A MRSA §7209, sub-§3, ¶E, as enacted by PL 2005, c. 662, Pt. A, §30, is amended to read:
E. Establish a standard, statewide template for regional site contracts with therapeutic service providers, including policies and procedures for the review of contracts, that must be included in the annual entitlement plan described in subsection 1, beginning in fiscal year 2006-07;
Sec. MM-31. 20-A MRSA §7209, sub-§3, ¶F, as enacted by PL 2005, c. 662, Pt. A, §30, is amended to read:
F. Refine program accountability standards for compliance with federal mandates that must be included in the annual entitlement plan described in subsection 1, including the development of a performance review system to monitor and improve regional site performance through the use of efficiency ratings aligned with the accountability standards and through a compliance plan that requires the regional site to address meeting of the unmet needs of eligible children in accordance with specific targets and time frames;
Sec. MM-32. 20-A MRSA §7209, sub-§5, as enacted by PL 2005, c. 662, Pt. A, §30, is amended to read:
5. Regional site board of directors. A board of directors of a regional site is responsible for governance of its activities, including the management and oversight of its general operations. Membership must include representatives of the regional offices of the Department of Health and Human Services, representatives of participating school administrative units, parents of children with disabilities and other community members as determined appropriate. A regional site board member or a board member's employer may not, during the term for which the member serves on the board, derive any revenue from work performed for the Child Development Services System. A representative of a participating school administrative unit whose participation in the Child
Development Services System is limited to work performed for the school administrative unit is exempt from the requirements of this subsection. Terms of membership and methods of appointment or election for each board of directors must be determined by the board of director's directors' bylaws, subject to approval by the department. This subsection is repealed June 30, 2008.
Sec. MM-33. 20-A MRSA §7209, sub-§7, as enacted by PL 2005, c. 662, Pt. A, §30, is amended to read:
7. Regional site; administration. A board of directors of a regional site shall:
A. Hire, fire and supervise the staff of the regional site according to the job classifications, pay scales and personnel policies established by the state intermediate educational unit established under subsection 3;
B. Enter into contracts, leases and agreements and any other instruments and arrangements that are necessary, incidental or convenient to the performance of its duties and the execution of its powers under this chapter, using forms and procedures developed by the department;
C. Ensure data entry and reporting through June 30, 2007; and
D. Provide fiscal management of money allocated to it, in compliance with federal and state laws and subject to proof of an annual audit.
This subsection is repealed June 30, 2008.
Sec. MM-34. 20-A MRSA §7209, sub-§8, as enacted by PL 2005, c. 662, Pt. A, §30, is amended to read:
8. Regional site; duties and obligations. A board of directors of a regional site shall:
A. Ensure provision of child find activities as required by the federal Individuals with Disabilities Education Act, 20 United States Code, Section 1400 et seq.;
B. Ensure provision of childcount activities as required by the federal Individuals with Disabilities Education Act, 20 United States Code, Section 1400 et seq.;
C. Ensure appropriate data collection, training, staff development and direct service provision to eligible children with disabilities, from birth to under 3 years of age, in accordance with Part C of the federal Individuals with Disabilities Education Act, 20 United States Code, Section 1400 et seq.;
D. Ensure that eligible children with disabilities, from birth to under 3 years of age, receive early intervention services, in accordance with the payment provisions established by the State;
E. Ensure that eligible children with disabilities, from 3 years of age to under 6 years of age, receive free, appropriate public education services, in collaboration with school administrative units when possible;
F. Coordinate with eligible families the development of individualized family service plans for children with disabilities from birth to 2 years of age or coordinate an individualized education program for a child 3 years of age to under 6 years of age unless an individualized family service plan is preferred; and
G. Designate local personnel for training to commit funds for free, appropriate public education. Personnel who commit funds for free, appropriate public education must be trained and certified by the state intermediate educational unit established under subsection 3. The board of directors of a regional site shall determine which trained and certified personnel may commit funds.
This subsection is repealed June 30, 2008.
Sec. MM-35. 20-A MRSA §8301-A, as amended by PL 2005, c. 2, Pt. D, §23 and as affected by §§72 and 74 and c. 12, Pt. WW, §18, is further amended to read:
§8301-A. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.
1. Affiliated unit. "Affiliated unit" means a school administrative unit that is affiliated with another school administrative unit that operates a center. An affiliated school administrative unit may have its secondary students served by a center operated by a school administrative unit with which it is affiliated. An affiliated school administrative unit may also operate career and technical education satellite programs.
2. Budget failure. "Budget failure" means the failure of a region, by August 1st of any fiscal year, to approve a budget for the region that is at least equal to the sum of the total allocations for career and technical education of the member school administrative units in the region. This subsection is repealed June 30, 2008.
2-A. Career and technical education. "Career and technical education" means a course or program of education designed to create or improve job-related skills that is part of a secondary school curriculum and approved by the commissioner according to this chapter. A school administrative unit regional learning community shall make career and technical education available to persons residing in the school administrative unit regional learning community who are eligible to receive free public secondary education.
3. Center. "Center" means an administrative entity established pursuant to this chapter that provides career and technical education to secondary students. Unless otherwise specifically provided for by this chapter, a center and is governed, operated and administered by a single school administrative unit the regional learning community in which the center is located. A center shall make its programs available to serve secondary students from school administrative units with which it is affiliated the regional learning community in which it is located. A center may include within its administrative structure career and technical education satellite programs
operated by school administrative units with which it is affiliated within the regional learning community.
4. Municipality. "Municipality" has the same meaning as in section 15672, subsection 21.
5. Parent. "Parent" means a parent, as defined in section 1, subsection 20, with legal custody of a minor child.
6. Region. "Region" means a quasi-municipal corporation established by the Legislature to provide career and technical education to secondary students that is comprised of all the school administrative units within the geographical boundaries set forth for each career and technical education region in section 8451. A region is governed by a cooperative board formed and operating in accordance with this chapter.
7. Residence. "Residence" means, with reference to a person's eligibility to receive career and technical education, the school administrative unit in which is located the legal residence of the person's parent if the person has not reached 18 years of age, the legal residence of the person after the person reaches 18 years of age or the legal residence of the person after the person becomes an emancipated minor. A federal reservation is considered part of the school administrative unit in which it is located.
8. Satellite program. "Satellite program" means a program providing delivered at a site different from a career and technical education center that provides career and technical education to secondary students that and is operated, under section 8403-A, by a school administrative unit affiliated with a center regional learning community.
9. State subsidy. "State subsidy" has the same meaning as in section 15672, subsection 31-A.
10. Unit. "Unit" means a school administrative unit.
Sec. MM-36. 20-A MRSA §8305-A, as corrected by RR 2003, c. 2, §43, is amended to read:
§8305-A. Eligibility
1. General right. A person eligible to receive free public secondary education may, consistent with this section and department rules:
A. Receive career and technical education from a center, satellite program or region regional learning community that serves the person's residence; or
B. Receive career and technical education from a center, satellite program or region regional learning community outside of the geographical area that serves the person's residence, subject to the approval of the commissioner and the governing bodies of the sending unit regional learning community and receiving center, satellite program or region regional learning community.
2. Admission standards. A region, center or satellite program regional learning community shall determine, in accordance with its published admission standards, whether to admit a person to such a region, center or satellite its program. Unless otherwise specifically provided for in this chapter, priority to enroll in any career and technical education course of study offered by a region, center or satellite program regional learning community must be given first to persons eligible to receive a free public secondary education who are residents of municipalities served by that region, center or satellite program regional learning community.
3. Adult participation in career and technical education courses. Persons who are 20 years of age or older and who otherwise comply with the requirements of this section may receive career and technical education in a career and technical education course if, after all other eligible persons have been enrolled in that course, space exists to accommodate participation by persons who are 20 years of age or older. A region, center or satellite program regional learning community may charge reasonable fees to persons who are 20 years of age or older and who receive career and technical education pursuant to this section.
Sec. MM-37. 20-A MRSA §8306, sub-§2, as corrected by RR 2003, c. 2, §44, is amended to read:
2. Regional learning community plans. The state board shall approve a plan for the provision of career and technical education by each center or region regional learning community. The plans must be prepared by each center or region regional learning community at the time of its organization or reorganization, approved by the school board or cooperative board governing each center or region respectively regional learning community, and include:
A. A survey of the career and technical education needs nationally, statewide and in the geographic area served by the center or region regional learning community;
B. A survey of employment opportunities nationally, statewide and in the geographic area served by the center or region regional learning community;
C. A description of the programs to be offered by the center or region regional learning community;
C-1. A description of the manner in which academic courses will be used to augment trade-oriented skill courses for career and technical education students at the center or region regional learning community;
D. A description of each geographic area served by the center or region regional learning community and the location of each career and technical education program to serve those areas; and
E. A description of the manner in which the career and technical education programs offered by the center or region regional learning community address the career and technical education needs in the geographic area served by the center or region regional learning community and employment opportunities nationally, statewide and in the geographic area served by the center or region regional learning community.
Sec. MM-38. 20-A MRSA §8306, sub-§5, as corrected by RR 2003, c. 2, §45, is amended to read:
5. Reorganizing centers and regions. The state board may, in compliance with section 8307:
A. Change existing boundaries of centers and regions;
B. Change the status of a center to a region or a region to a center;
C. Dissolve existing regions or centers;
D. Create new regions or centers; or
E. Create alternative organizational methods of delivering career and technical education.
This subsection is repealed June 30, 2008.
Sec. MM-39. 20-A MRSA §8306-A, 2nd ¶, as corrected by RR 2003, c. 2, §46, is amended to read:
A program or course of career and technical education may not be offered by a region, center or affiliated unit regional learning community unless approved by the commissioner in compliance with rules adopted pursuant to this chapter.
Sec. MM-40. 20-A MRSA §8307-A, as corrected by RR 2003, c. 2, §§47-50, is repealed.
Sec. MM-41. 20-A MRSA §8351, as amended by PL 2005, c. 2, Pt. D, §24 and affected by §§72 and 74 and c. 12, Pt. WW, §18, is further amended to read:
§8351. State aid for career and technical education centers and career and technical education regions
State aid for centers and regions must be administered in accordance with chapters 606-B and 609 and Title 20, section 3457. This section is repealed June 30, 2008.
Sec. MM-42. 20-A MRSA §8353, as corrected by RR 2003, c. 2, §51, is amended to read:
§8353. Tuition for students sent out of state
If a unit regional learning community that serves a student's residence determines that that student would be better served by receiving career and technical education, on a tuition basis, at an out-of-state secondary level career and technical school that is located closer to that student's residence than a Maine center, satellite program or region regional learning community serving that student's residence, the State shall subsidize the unit regional learning community the same amount for that student as would have been incurred by such a center, satellite program or region the regional learning community providing the same or similar career and technical education to the student.
Sec. MM-43. 20-A MRSA §8354, as corrected by RR 2003, c. 2, §§52-54, is amended to read:
§8354. Tuition computation for out-of-state students
The tuition charge for each out-of-state student receiving career and technical education at a center, satellite program or region in a regional learning community is determined as follows.
1. Primary method. The per student tuition charge is determined by:
A. Adding the amounts paid by the center, satellite program or region municipalities in the regional learning community during the previous fiscal year for:
(1) Teachers' salaries;
(2) Fuel;
(3) Janitorial services;
(4) Textbooks;
(5) Reference books;
(6) School supplies for desk and laboratory use;
(7) Public utility services;
(8) Replacement of instructional equipment;
(9) Insurance;
(10) Compensation for the career and technical education director and the career and technical education director's assistants;
(11) Employee fringe benefits; and
(12) Electricity services provided by competitive electricity providers or other entities authorized by the Public Utilities Commission to provide electricity services;
B. Adjusting the amounts in paragraph A by the allowable percentages set forth in section 5805, subsection 1, paragraph D; and
C. Dividing this sum by the average number of all regularly enrolled students at the center, satellite program or region in the regional learning community on October 1st and April 1st of the previous fiscal year.
2. Alternate method. When the cost of fuel, janitorial services, public utility services, electricity services or insurance for facilities used to provide career and technical education can not be separated from similar costs for other facilities not used to provide career and technical education, the costs of facilities used to provide career and technical education are determined by prorating the square footage of floor space used to provide career and technical education to the total amount of floor space at the facilities.
Sec. MM-44. 20-A MRSA §8401, as amended by PL 1991, c. 655, §8, is further amended to read:
§8401. Career and technical education centers
Centers shall must operate within the regional learning community established in chapter 103-A at Augusta, Bath, Biddeford, the former School Administrative District No. 61(Bridgton), Caribou, the former School Administrative District No. 46(Dexter), Ellsworth, the former School Administrative District No. 9(Farmington), the former School Administrative District No. 27 (Fort Kent), Lewiston, Madawaska, Portland, the former School Administrative District No. 1(Presque Isle), Sanford, the former School Administrative District No. 54(Skowhegan), the former School Administrative District No. 24(Van Buren), Waterville and Westbrook. School Administrative District No. 27, School Administrative District No.
33 and Madawaska School Department are authorized to enter into a cooperative agreement to provide for the construction and operation of a center in School Administrative District No. 33.
Sec. MM-45. 20-A MRSA §8403-A, sub-§8 is enacted to read:
8. Repeal. This section is repealed June 30, 2008.
Sec. MM-46. 20-A MRSA §8404, sub-§5 is enacted to read:
5. Repeal. This section is repealed June 30, 2008.
Sec. MM-47. 20-A MRSA §8405, first ¶, as amended by PL 1991, c. 518, §16, is further amended to read:
A unit regional learning community operating a center shall employ a certified vocational director.
Sec. MM-48. 20-A MRSA §8451, sub-§1, as corrected by RR 2003, c. 2, §60, is amended to read:
1. Legislative intent. It is the intent of the Legislature that each career and technical education region shall provide career and technical education in accordance with this chapter and shall function as an extension of the secondary schools located within the region's boundaries. This subsection is repealed June 30, 2008.
Sec. MM-49. 20-A MRSA §8451-A, as amended by PL 2005, c. 2, Pt. D, §27 and affected by §§72 and 74 and c. 12, Pt. WW, §18, is further amended to read:
§8451-A. Programs
A region shall provide programs of career and technical education. Programs of career and technical education are eligible to receive state subsidy pursuant to chapters 606-B and 609. All programs of career and technical education offered by a region must be approved by the commissioner pursuant to section 8306-A. The programs must offer a sequence of courses that are directly related to the preparation of individuals for employment in current or emerging occupations and may include training and education in academic and business skills preparing students to further their education at the community college or college level or allowing students to use trade and occupational skills on other than an employee basis. Programs of career and technical education may also include
alternative educational programs and training and education in music, athletics, art and other activities approved by the commissioner pursuant to section 8306-A. This section is repealed June 30, 2008.
Sec. MM-50. 20-A MRSA §8452, as corrected by RR 2003, c. 2, §62, is amended by adding at the end a new paragraph to read:
This section is repealed June 30, 2008.
Sec. MM-51. 20-A MRSA §8453-A, sub-§4 is enacted to read:
4. Repeal. This section is repealed June 30, 2008.
Sec. MM-52. 20-A MRSA §8454, sub-§4 is enacted to read:
4. Repeal. This section is repealed June 30, 2008.
Sec. MM-53. 20-A MRSA §8455, as corrected by RR 1991, c. 2, §63 and amended by PL 2003, c. 545, §5, is further amended to read:
§8455. Career and technical education region considered a political subdivision
A career and technical education region is a political subdivision within the meaning of Title 5, section 19002, subsection 6, and a quasi-municipal corporation within the meaning of Title 30-A, section 5701, and all the provisions of those sections apply to it. This section is repealed June 30, 2008.
Sec. MM-54. 20-A MRSA §8456, as amended by PL 1991, c. 716, §6 and PL 2003, c. 545, §5, is further amended to read:
§8456. Voter approval of cooperative board articles
A region shall vote on articles submitted by the cooperative board using the procedures set forth in sections 1351 to 1354. For such purposes, references in those sections to "school administrative district" or "district" mean career and technical education region; references in those sections to "board of directors," "board," "school board," "school directors" or "school director" mean cooperative board; and references in those sections to "they" mean either, as appropriate in the context, cooperative board or members of the cooperative board. This section is repealed June 30, 2008.
Sec. MM-55. 20-A MRSA §8457, sub-§6 is enacted to read:
6. Repeal. This section is repealed June 30, 2008.
Sec. MM-56. 20-A MRSA §8458, as corrected by RR 2003, c. 2, §64, is further amended to read:
§8458. Career and technical education director; chief administrative officer
1. Employment of career and technical education director. The cooperative regional learning community board shall employ a certified career and technical education director who shall administer, in compliance with this section, the provision of career and technical education in the region regional learning community.
4. Appointment of chief administrative officer. The cooperative regional learning community board shall appoint a chief administrative officer who shall administer the region career and technical education program in compliance with policy set by the cooperative regional learning community board, nominate teachers and other employees for employment by the region regional learning community and perform such other duties as are assigned to the chief administrative officer by the cooperative regional learning community board. The cooperative regional learning community board shall appoint as the chief administrative officer either:
A. The career and technical education director; or
B. The superintendent of a unit in the region regional learning community.
5. Appointment of treasurer and secretary. The cooperative board may appoint the career and technical education director or the chief administrative officer as treasurer or secretary, or both, of the cooperative board.
Sec. MM-57. 20-A MRSA §8459, as amended by PL 1991, c. 518, §26 and PL 2005, c. 397, Pt. D, §3, is further amended by adding at the end a new paragraph to read:
This section is repealed June 30, 2008.
Sec. MM-58. 20-A MRSA §8460, as corrected by RR 2003, c. 2, §§65 and 66, is amended by adding at the end a new paragraph to read:
This section is repealed June 30, 2008.
Sec. MM-59. 20-A MRSA §8461, sub-§4 is enacted to read:
4. Repeal. This section is repealed June 30, 2008.
Sec. MM-60. 20-A MRSA §8462, sub-§3 is enacted to read:
3. Repeal. This section is repealed June 30, 2008.
Sec. MM-61. 20-A MRSA §8463, as amended by PL 1991, c. 518, §29, is further amended by adding at the end a new paragraph to read:
This section is repealed June 30, 2008.
Sec. MM-62. 20-A MRSA §8464, as amended by PL 1991, c. 518, §29 and PL 2005, c. 397, Pt. D, §3, is further amended by adding at the end a new paragraph to read:
This section is repealed June 30, 2008.
Sec. MM-63. 20-A MRSA §8465, as amended by PL 1993, c. 742, §1 and PL 2003, c. 545, §5, is further amended by adding at the end a new paragraph to read:
This section is repealed June 30, 2008.
Sec. MM-64. 20-A MRSA §8466, sub-§3 is enacted to read:
3. Repeal. This section is repealed June 30, 2008.
Sec. MM-65. 20-A MRSA §8467, sub-§3 is enacted to read:
3. Repeal. This section is repealed June 30, 2008.
Sec. MM-66. 20-A MRSA §8468, sub-§4 is enacted to read:
4. Repeal. This section is repealed June 30, 2008.
Sec. MM-67. 20-A MRSA §15671-A, sub-§5, as amended by PL 2005, c. 519, Pt. AAAA, §2, is further amended to read:
5. Exceeding maximum state and local spending target. If the sum of a school administrative unit's required local contribution determined pursuant to section 15688, subsection 3-A plus the state contribution as calculated pursuant to section 15688, subsection 3-A, paragraph D, plus any state funds resulting from a transition adjustment pursuant to section 15686, plus any additional local amount proposed to be raised pursuant to section 15690, subsection 3 exceeds the school administrative unit's maximum state and local spending target established pursuant to subsection 4, the following provisions govern approval of that additional amount.
A. The article approving the additional amount must conform to the requirements of section 15690, subsection 3, paragraph B. Notwithstanding section 1304, subsection 6; section 1701, subsection 7; Title 30-A, section 2528, subsection 5, or any other provision of law, municipal charter provision or ordinance, voter approval of the article, whether in town meeting, district meeting or other voting process established by law, municipal charter or ordinance, including, but not limited to, any vote on the article initiated by voter petition, must be by referendum or written ballot.
B. In a municipality where the responsibility for final adoption of the school budget is vested by the municipal charter in a council, this paragraph applies, except that the petition and referendum provisions apply only if the municipal charter does not otherwise provide for or prohibit a petition and referendum process with respect to the matters described in this paragraph.
(1) A majority of the entire membership of the school board or committee must approve the additional amount in a regular budget meeting.
(2) An article approving the additional amount must conform to the requirements of section 15690, subsection 3, paragraph B and be approved by a majority of the entire membership of the council in a vote taken in accordance with section 15690, subsection 5 or, if the council votes not to approve the article, by a majority of voters voting in a referendum called pursuant to subparagraph (4).
(3) If an article is approved by the council pursuant to subparagraph (2), the voters may petition for a referendum vote on the same article in accordance with subparagraph (4). If a petition is filed in accordance with subparagraph (4), the vote of the council is suspended pending the outcome of the referendum vote. Upon approval of the article by a majority of the voters voting in that referendum, the article takes effect. If the article is not approved by a majority of the voters voting in that referendum, the article does not take effect. Subsequent to the vote, the school committee or board may again propose an additional amount, subject to the requirements of this section.
(4) If a written petition, signed by at least 10% of the number of voters voting in the last gubernatorial election in the municipality, requesting a vote on the additional amount is submitted to the municipal officers within 30 days of the council's vote pursuant to subparagraph (2), the article voted on by the council must be submitted to the legal voters in the next regular election or a special election called for the purpose. The election must be held within 45 days of the submission of the petition. The election must be called, advertised and conducted according to the law relating to municipal elections, except that the registrar of voters is not required to prepare or the clerk to post a new list of voters and absentee ballots must be prepared and made available at
least 14 days prior to the date of the referendum. For the purpose of registration of voters, the registrar of voters must be in session the secular day preceding the election. The voters shall indicate by a cross or check mark placed against the word "Yes" or "No" their opinion on the article. The results must be declared by the municipal officers and entered upon the municipal records.
This subsection is repealed June 30, 2008.
Sec. MM-68. 20-A MRSA §15671-A, sub-§6, is enacted to read:
6. Exceeding maximum state and local spending target. Beginning July 1, 2008, if the sum of a school administrative unit's required local contribution determined pursuant to section 15688, subsection 3-A plus the state contribution as calculated pursuant to section 15688, subsection 3-A, paragraph D, plus any state funds resulting from a transition adjustment pursuant to section 15686, plus any additional local amount proposed to be raised pursuant to section 15690-A, subsection 3 exceeds the school administrative unit's maximum state and local spending target established pursuant to subsection 4, the governing body must approve the additional amount pursuant to section 15690-A, subsection 3, paragraph B.
Sec. MM-69. 20-A MRSA §15679, sub-§2, as enacted by PL 2003, c. 504, Pt. A, §6, is amended to read:
2. Students-to-staff ratios. In calculating the salary and benefit costs pursuant to this section, the commissioner shall utilize the following student-to-staff ratios.
A. For the elementary school level and the middle school level:
(1) The student-to-education technician ratio is 100:1;
(2) The student-to-guidance staff ratio is 350:1;
(3) The student-to-librarian ratio is 800:1;
(4) The student-to-media assistant ratio is 500:1;
(5) The student-to-health staff ratio is 800:1;
(6) The student-to-school administrative staff ratio is 305:1. Beginning in the 2008-2009 school year, the calculation must include an allocation for at least one principal for each school; and
(7) The student-to-clerical staff ratio is 200:1.
B. For the high school level:
(1) The student-to-education technician ratio is 250:1;
(2) The student-to-guidance staff ratio is 250:1;
(3) The student-to-librarian ratio is 800:1;
(4) The student-to-media assistant ratio is 500:1;
(5) The student-to-health staff ratio is 800:1;
(6) The student-to-school administrative staff ratio is 315:1. Beginning in the 2008-2009 school year, the calculation must include an allocation for at least one principal for each school; and
(7) The student-to-clerical staff ratio is 200:1.
Sec. MM-70. 20-A MRSA §15688, sub-§2, as amended by PL 2005, c. 2, Pt. D, §54 and affected by §§72 and 74 and c. 12, Pt. WW, §18, is further amended to read:
2. Member municipalities in school administrative districts or community school districts; total costs. For each municipality that is a member of a school administrative district or community school district, the commissioner shall annually determine each municipality's total cost of education. A municipality's total cost of education is the school administrative district's or community school district's total cost of education multiplied by the percentage that the municipality's most recent calendar year average pupil count is to the school administrative district's or community school district's most recent calendar year average pupil count. This subsection is repealed June 30, 2008.
Sec. MM-71. 20-A MRSA §15688, sub-§2-A is enacted to read:
2-A. Member municipalities in a regional learning community; total costs. Effective July 1, 2008, for each municipality that is a member of a regional learning community, the commissioner shall annually determine each municipality's total cost of education. A municipality's total cost of education is the regional learning community's total cost of education multiplied by the percentage that the municipality's most recent calendar year average pupil count is to the regional learning community's most recent calendar year average pupil count.
Sec. MM-72. 20-A MRSA §15688, sub-§3-A, as enacted by PL 2005, c. 2, Pt. D, §56 and affected by §§72 and 74 and c. 12, Pt. WW, §18, is amended to read:
3-A. School administrative unit; contribution. For each school administrative unit, the commissioner shall annually determine the school administrative unit's required contribution, the required contribution of each municipality that is a member of the unit, if the unit has more than one member, and the State's contribution to the unit's total cost of education in accordance with the following.
A. For a school administrative unit composed of only one municipality, the contribution of the unit and the municipality is the same and is the lesser of:
(1) The total cost described in subsection 1; and
(2) The total of the full-value education mill rate calculated in section 15671-A, subsection 2 multiplied by the property fiscal capacity of the municipality.
B. For a school administrative district or community school district composed of more than one municipality, each municipality's contribution to the total cost of education is the lesser of:
(1) The municipality's total cost as described in subsection 2; and
(2) The total of the full-value education mill rate calculated in section 15671-A, subsection 2 multiplied by the property fiscal capacity of the municipality.
C. For a school administrative district or community school district composed of more than one municipality, the unit's contribution to the total cost of education is the lesser of:
(1) The total cost as described in subsection 1; and
(2) The sum of the totals calculated for each member municipality pursuant to paragraph B, subparagraph (2).
D. The state contribution to the school administrative unit's total cost of education is the total cost of education calculated pursuant to subsection 1 less the school administrative unit's contribution calculated pursuant to paragraph A or C, as applicable. The state contribution is subject to reduction in accordance with section 15690, subsection 1, paragraph C.
This subsection is repealed June 30, 2008.
Sec. MM-73. 20-A MRSA §15688, sub-§3-B is enacted to read:
3-B. School administrative unit; contribution. Beginning July 1, 2008, for each school administrative unit, the commissioner shall annually determine the school administrative unit's required contribution, the required contribution of each municipality that is a member of the unit, if the unit has more than one member, and the State's contribution to the unit's total cost of education in accordance with the following.
A. For a regional learning community, each municipality's contribution to the total cost of education is the lesser of:
(1) The municipality's total cost as described in subsection 2-A; and
(2) The total of the full-value education mill rate calculated in section 15671-A, subsection 2 multiplied by the property fiscal capacity of the municipality.
B. For a regional learning community, the school administrative unit's contribution to the total cost of education is the lesser of:
(1) The total cost as described in subsection 1; and
(2) The sum of the totals calculated for each member municipality pursuant to paragraph A, subparagraph (2).
C. The state contribution to the school administrative unit's total cost of education is the total cost of education calculated pursuant to subsection 1 less the school administrative unit's contribution calculated pursuant to paragraph B. The state contribution is subject to reduction in accordance with section 15690-A, subsection 1, paragraph C.
Sec. MM-74. 20-A MRSA §15688, sub-§4, as amended by PL 2005, c. 2, Pt. D, §57 and affected by §§72 and 74 and c. 12, Pt. WW, §18, is further amended to read:
4. Method of cost sharing; exception. For the purpose of local cost sharing, the provisions of subsection 3-A do not apply to municipalities that are members of a school administrative district or a community school district whose cost sharing formula was established pursuant to private and special law prior to January 1, 2004. For each municipality that is a member of a school administrative district or a community school district whose cost sharing formula was established pursuant to private and special law prior to January 1, 2004, the cost sharing formula established pursuant to private and special law determines each municipality's local cost of education. This subsection is repealed June 30, 2008.
Sec. MM-75. 20-A MRSA §15689, sub-§1-A, as enacted by PL 2005, c. 519, Pt. AAAA, §14, is amended to read:
1-A. Adjustments to state contributions to member municipalities in certain school districts. Beginning in In fiscal year 2007-08, the minimum state allocation provisions of subsection 1 are applicable for each case when one or more member municipalities, but not all the district's member municipalities, have a local contribution that is below the mill rate expectation established pursuant to section 15671-A. For each school district eligible under this subsection, the minimum state allocation provisions of subsection 1 are applicable for each member municipality that has a local contribution that is below the mill rate expectation established pursuant to section 15671-A, except that the transition percentages in section 15689,
subsection 1, paragraph B must be multiplied by the percentage of calendar year resident pupils in the member municipality. This subsection is repealed June 30, 2008.
Sec. MM-76. 20-A MRSA §15689, sub-§1-B is enacted to read:
1-B. Adjustments to state contributions to member municipalities in certain regional learning communities. Beginning in fiscal year 2008-09, the minimum state allocation provisions of subsection 1 are applicable for each case when one or more member municipalities, but not all the regional learning community member municipalities, have a local contribution that is below the mill rate expectation established pursuant to section 15671-A. For each regional learning community eligible under this subsection, the minimum state allocation provisions of subsection 1 are applicable for each member municipality that has a local contribution that is below the mill rate expectation established pursuant to section 15671-A, except that the transition percentages in subsection 1, paragraph B
must be multiplied by the percentage of calendar year resident pupils in the member municipality.
Sec. MM-77. 20-A MRSA §15689-D, as enacted by PL 2005, c. 2, Pt. D, §61 and affected by §§72 and 74 and c. 12, Pt. WW, §18, is amended to read:
§15689-D. Governor's recommendation for funding levels
The Department of Administrative and Financial Services, Bureau of the Budget shall annually certify to the Legislature the funding levels that the Governor recommends under sections 15683, 15683-A, 15689 and 15689-A. The Governor's recommendations must be transmitted to the Legislature within the time schedules set forth in Title 5, section 1666. The commissioner may adjust, consistent with the Governor’s recommendation for funding levels, per-pupil amounts not related to staffing pursuant to section 15680 and targeted funds pursuant to section 15681.
Sec. MM-78. 20-A MRSA §15690, as amended by PL 2005, c. 519, Pt. AAAA, §§17 and 18, is further amended by adding at the end a new paragraph to read:
This section is repealed June 30, 2008.
Sec. MM-79. 20-A MRSA §15690-A is enacted to read:
§15690-A. Local appropriations
Beginning with the budget for the 2008-2009 school year, this section applies to local appropriations for school purposes.
1. School administrative unit contribution to total cost of funding public education from kindergarten to grade 12. The legislative body of each school administrative unit may vote to raise and appropriate an amount up to its required contribution to the total cost of education as described in section 15688.
A. For a school administrative unit, an article in substantially the form set out in subparagraph (1) must be used when the school administrative unit is considering the appropriation of an amount up to its required contribution to the total cost of education as described in section 15688.
(1) "Article ....: To see what sum the (name of regional learning community) will appropriate for the total cost of funding public education from kindergarten to grade 12 as described in the Essential Programs and Services Funding Act and to see what sum the (name of regional learning community) will raise and assess as each municipality's contribution to the total cost of funding public education from kindergarten to grade 12 as described in the Essential Programs and Services Funding Act in accordance with the Maine Revised Statutes, Title 20-A, section 15688 (Recommend amount set forth below):
(2) The following statement must accompany the article in subparagraph (1). "Explanation: The regional learning community's contribution to the total cost of funding public education from kindergarten to grade 12 as described in the Essential Programs and Services Funding Act is the amount of money determined by state law to be the minimum amount that the regional learning community must raise and assess in order to receive the full amount of state dollars."
B. The state share of the total cost of funding public education from kindergarten to grade 12 as described in section 15688, excluding state-funded debt service for each school administrative unit, is limited to the same proportion as the local school administrative unit raises of its required contribution to the total cost of education as described in section 15688, excluding state-funded debt service costs.
2. Non-state-funded debt service. For a school administrative unit's indebtedness previously approved by its legislative body for non-state-funded major capital school construction projects or non-state-funded portions of major capital school construction projects and minor capital projects, the legislative body of each school administrative unit may vote to raise and appropriate an amount up to the regional learning community's annual payments for non-state-funded debt service.
A. An article in substantially the form set out in subparagraph (1) must be used when a school administrative unit is considering the appropriation for debt service allocation for non-state-funded school construction projects or non-state-funded portions of school construction projects and minor capital projects.
(1) "Article ....: To see what sum the (name of regional learning community) will raise and appropriate for the annual payments on debt service previously approved by the legislative body for non-state-funded school construction projects, non-state-funded portions of school construction projects and minor capital projects in addition to the funds appropriated as the local share of the school administrative unit's contribution to the total cost of funding public education from kindergarten to grade 12. (Recommend $......)"
(2) The following statement must accompany the article in subparagraph (1). "Explanation: Non-state-funded debt service is the amount of money needed for the annual payments on the (name of regional learning community) long-term debt for major capital school construction projects and minor capital renovation projects that are not approved for state subsidy. The bonding of this long-term debt was previously approved by the voters or other legislative body."
3. Additional local appropriation. A school administrative unit may raise and expend funds for educational purposes in addition to the funds under subsections 1 and 2.
A. If the amount of the additional funds does not result in the school administrative unit's exceeding its maximum state and local spending target established pursuant to section 15671-A, subsection 4, an article in substantially the form set out in subparagraph (1) must be used when a school administrative unit is considering the appropriation of additional local funds:
(1) "Article ....: To see what sum the (name of regional learning community) will raise and to appropriate the sum of (Recommend $.....) in additional local funds for school purposes under the Maine Revised Statutes, Title 20-A, section 15690_A. (Recommend $......)"
(2) The following statement must accompany the article in subparagraph (1). "Explanation: The additional local funds are those locally raised funds over and above the regional learning community's local contribution to the total cost of funding public education from kindergarten to grade 12 as described in the Essential Programs and Services Funding Act and local amounts raised for the annual payment on non-state-funded debt service that will help achieve the (name of regional learning community) budget for educational programs."
B. If the amount exceeds the school administrative unit's maximum state and local spending target established pursuant to section 15671-A, subsection 4, an article in substantially the form set out in subparagraph (1) must be used when a school administrative unit is considering an appropriation of additional local funds.
(1) "Article ....: Do you favor authorizing (name of regional learning community) to raise and appropriate $....... in additional local funds, which exceeds the State's Essential Programs and Services allocation model by $...... as required to fund the budget recommended by the regional learning community board of directors? The regional learning community board of directors recommends $......... for additional local funds and gives the following reasons for exceeding the State's Essential Programs and Services funding model by $........:"
(2) The following statement must accompany the article in subparagraph (1). "Explanation: The additional local funds are those locally raised funds over and above the regional learning community's local contribution to the total cost of funding public education from kindergarten to grade 12 as described in the Essential Programs and Services Funding Act and local amounts raised for the annual payment on non-state-funded debt service that will help achieve the (name of regional learning community) budget for educational programs."
4. Total budget article. A school administrative unit must include a summary article indicating the total annual budget for funding public education from kindergarten to grade 12 in the school administrative unit. The amount recommended must be the gross budget of the school system. This article, which must be in substantially the form set out in paragraph A, does not provide money unless the other articles are approved.
A. "Article ....: To see what sum the (name of regional learning community) will authorize the regional learning community’s board of directors to expend for the fiscal year beginning (July 1, ....) and ending (June 30, ....) from the regional learning community's contribution to the total cost of funding public education from kindergarten to grade 12 as described in the Essential Programs and Services Funding Act, non-state-funded school construction projects, additional local funds for school purposes under the Maine Revised Statutes, Title 20-A, section 15690-A, unexpended balances, tuition receipts, state subsidy and other receipts for the support of schools. (Recommend $......)"
5. Vote. Actions taken pursuant to subsections 1 to 4 must be taken by a recorded vote.
Sec. MM-80. 20-A MRSA §15691, sub-§3 is enacted to read:
3. Repeal. This section is repealed June 30, 2008.
Sec. MM-81. 20-A MRSA §15691-A is enacted to read:
§15691-A. Municipal assessment paid to a regional learning community
1. Presentation of assessment schedule. The assessment schedule based on the budget approved at a regional learning community budget meeting must be presented to the treasurer of each municipality that is a member of the regional learning community. The assessment schedule must include each member municipality's share of the school administrative unit's contribution to the total cost of funding public education from kindergarten to grade 12 as described in section 15688 and the school administrative unit's contribution to debt service for non-state-funded school construction projects and additional local funds for school purposes under section 15690-A.
2. Municipal treasurer's payment schedule. The treasurer of the member municipality, after being presented with the assessment schedule under subsection 1, shall forward 1/12 of that member municipality's share to the treasurer of the regional learning community on or before the 20th day of each month of the fiscal year beginning in July.
Sec. MM-82. 20-A MRSA §15692, sub-§3 is enacted to read:
3. Repeal. This section is repealed June 30, 2008.
Sec. MM-83. 20-A MRSA §15693, sub-§9 is enacted to read:
9. Repeal. This section is repealed June 30, 2008.
Sec. MM-84. 20-A MRSA §15694, as enacted by PL 2005, c. 2, Pt. D, §62 and affected by §§72 and 74 and c. 12, Pt. WW, §18, is amended by adding at the end a new paragraph to read:
This section is repealed June 30, 2008.
Sec. MM-85. 20-A MRSA §15695, sub-§4 is enacted to read:
4. Repeal. This section is repealed June 30, 2008.
Sec. MM-86. 20-A MRSA §15755, as enacted by PL 2005, c. 2, Pt. D, §63 and affected by §§72 and 74 and c. 12, Pt. WW, §18, is repealed.
Sec. MM-87. 20-A MRSA §15901, sub-§1, ¶A, as enacted by PL 1981, c. 693, §§5 and 8, is amended to read:
A. Acknowledgment of the local regional need;
Sec. MM-88. 20-A MRSA §15901, sub-§4, ¶D, as enacted by PL 1981, c. 693, §§5 and 8, is amended to read:
D. The building of or acquisition of other facilities related to the operation of school administrative units regional learning communities;
Sec. MM-89. 20-A MRSA §15901, sub-§4, ¶E, as repealed and replaced by PL 1983, c. 613, is amended to read:
E. The complete restoration of existing school buildings in lieu of replacement when in the judgment of the commissioner the action is in the best interest of the State and local unit the regional learning community; and
Sec. MM-90. 20-A MRSA §15901, sub-§6, as corrected by RR 1991, c. 2, §71 and amended by PL 2003, c. 545, §5, is repealed.
Sec. MM-91. 20-A MRSA §15901, sub-§7, as corrected by RR 1991, c. 2, §71 and amended by PL 2003, c. 545, §5, is repealed.
Sec. MM-92. 20-A MRSA §15901, sub-§8, as corrected by RR 1991, c. 2, §71 and amended by PL 2003, c. 545, §5, is repealed.
Sec. MM-93. 20-A MRSA §15902, as amended by PL 1999, c. 81, §8, is further amended to read:
§15902. Regional learning communities
1. Building committee. The legislative body of a school administrative unit A regional learning community board may establish a special building committee at a regular or specially called meeting held prior to a school construction project receiving the concept approval provided in section 15901. If the legislative body board does not establish a special building committee, the school board shall act as the building committee and may delegate the powers and duties of the building committee to the superintendent. If a vacancy occurs in the membership of a special building committee established under this subsection by the legislative body board, the legislative
body board may fill that vacancy. The powers and duties of the building committee must be determined at the time of its establishment by the legislative body of the school administrative unit regional learning community board, or by the school board when it acts as the building committee and delegates those powers and duties to the superintendent. Powers and duties not assigned to the building committee that are not specifically delegated to other entities in this section remain with the school regional learning community board.
2. Regional learning community board approval. A plan for a school construction project voted for by a school administrative unit shall regional learning community must be approved by the school regional learning community board.
3. Authority to sell bonds. A school administrative unit regional learning community may sell bonds to raise the local share of project costs.
4. Final report to commissioner. On the completion of a school construction project or a permanent space lease-purchase project, the building committee shall certify to the commissioner that the construction project has been completed in conformity with the approved plans and specifications.
Sec. MM-94. 20-A MRSA §15903, sub-§5, ¶B, as amended by PL 1999, c. 81, §10, is further amended to read:
B. Upon receipt by the commissioner of a written petition from one or more residents of the school administrative unit regional learning community where the school construction project or permanent space lease-purchase project is located claiming that the project has not been completed in conformity with the approved plans and specifications, the commissioner shall cause an inspection of the project to be made or shall issue a written explanation to the petitioner or petitioners explaining the commissioner's refusal to do so. The petitioner or petitioners shall certify as part of the petition that the claim of nonconformance has been brought to the attention of the superintendent of the school administrative unit regional learning
community in which the school construction project or permanent space lease-purchase project is located and that the superintendent has failed to respond in a satisfactory manner to that claim.
Sec. MM-95. 20-A MRSA §15903, sub-§5, ¶C, as enacted by PL 1987, c. 379, is further amended to read:
C. If an investigation is held, the commissioner shall notify the building committee, or legislative body of the school administrative unit regional learning community when no building committee exists, of the findings of the investigation and of any changes required. The building committee or legislative body of the school administrative unit regional learning community board shall make the changes within a reasonable period of time. Failure to do so shall render renders the school administrative unit regional learning community liable to the penalties provided in section 6801-A.
Sec. MM-96. 20-A MRSA §15904, as amended by PL 2005, c. 12, Pt. WW, §§8 and 9 and c. 683, Pt. B, §15, is further amended to read:
§15904. Local vote
Prior to final approval by the state board, a school construction project, except a small scale school construction project as defined in section 15901, subsection 4-A, must receive a favorable vote conducted in accordance with the following.
1. Municipal schools. In a municipality where the responsibility for final adoption of the school budget is vested in a municipal council by municipal charter or in a town meeting, the vote shall must be by referendum in accordance with the appropriate provisions set forth in Title 21-A and Title 30-A, except that the filing requirement contained in Title 30-A, section 2528, subsection 5, does not apply. This subsection is repealed June 30, 2008.
2. Regional learning communities. In a school administrative district regional learning community the vote must be conducted in accordance with section 1305 or sections 1351 to 1354 chapter 103-A.
3. Community school districts. In a community school district, the vote shall must be conducted in accordance with Title 30-A, sections 2528 to 2532. The return and counting of votes shall must be conducted in accordance with the procedures established in section 1353, subsection 3. The district school committee shall:
A. Issue a warrant ordering the municipalities within the district to place the school construction article on the ballot; and
B. Prepare and furnish the required number of ballots for carrying out the vote.
This subsection is repealed June 30, 2008.
4. Form. The article shall must indicate:
D. The estimated amount of the additional operating costs during each of the first 2 years; and
E. The school administrative unit regional learning community is responsible for the local share of annual principal and interest payments for this school construction project included in the total cost of education appropriated pursuant to section 15690 15690-A, subsection 1, if any, and for the annual principal and interest payments for the non-state-funded portion of this school construction project.
5. Career and technical education regions. In a career and technical education region, the vote must be conducted in accordance with sections 1351 to 1354 and section 8465. References in sections 1351 to 1354 to school administrative unit and board of directors mean "career and technical education region" and "cooperative board," respectively. This subsection is repealed June 30, 2008.
6. Permanent space lease-purchase projects. A permanent space lease-purchase project, as defined in section 15901, subsection 4-B, whose costs are wholly eligible as debt service costs for subsidy purposes under section 15672, subsection 2-A, paragraph B must receive a favorable vote of the legislative body of the school administrative unit regional learning community board. A permanent space lease-purchase project whose lease-purchase costs are not eligible as debt service costs for subsidy purposes under section 15672, subsection 2-A, paragraph B must receive a favorable vote of the legislative body board conducted in accordance with this section, except that subsection 4 does not apply. The vote may authorize the school regional learning community board or school committee to enter into a mortgage, security interest or other encumbrance on the permanent space lease-purchase project determined to be necessary for the permanent space lease-purchase project.
Sec. MM-97. 20-A MRSA §15905, sub-§5, as enacted by PL 1993, c. 410, Pt. ZZZ, §1, is amended to read:
5. Approval criteria. In approving school construction projects, the state board shall ensure that school administrative units regional learning communities have made efficient use of existing school facilities within the unit regional learning communities and have explored and when feasible developed agreements for sharing facilities with neighboring school administrative units regional learning communities.
Sec. MM-98. 20-A MRSA §15905, sub-§6, as enacted by PL 1995, c. 632, §2, is amended to read:
6. Facility maintenance plan required. The state board shall require a school administrative unit regional learning community applying for state funds for a school construction project to establish a facility maintenance plan for the projected life cycle of the proposed school building. The department shall provide technical assistance to school administrative units regional learning communities in carrying out this section. Assistance must include, but is not limited to, the provision of a model facility maintenance plan and the provision of technical and other assessment information from the school facilities inventory under section 15917.
Sec. MM-99. 20-A MRSA §15905, sub-§7, as amended by PL 2005, c. 683, Pt. B, §16, is further amended to read:
7. Interest-only interim local financing. Notwithstanding any provision of law or rule to the contrary, the state board may accelerate the dates on which it grants concept approval and funding approval for a school construction project that has been placed on the special priority list of the state board on the condition that the school administrative unit regional learning community provide interest-only interim local financing for the project in accordance with this subsection. The period of interest-only interim local financing must be determined by the state board at the time concept approval is granted for a project and must be based on the time difference between the date that final funding approval is expected to be granted on an
accelerated basis and the date that final funding approval would have been expected to be granted in the normal course. The period of interim local financing for a project may not exceed 5 years.
Notwithstanding any provision of law or rule to the contrary, a school administrative unit, including a school administrative unit established by private and special law, regional learning community authorized to issue securities for school construction purposes may issue its securities for school construction purposes on an interest-only basis during a period of interest-only interim local financing approved by the state board in accordance with this subsection. The period of interest-only interim local financing must precede, and be in addition to, the periods for interest payments and principal payments otherwise established pursuant to the school construction rules of the state board. The length of the period of interest-only interim local financing and the length of the
debt service schedule otherwise established must be clearly stated on the face of the securities.
The interest-only payments made by a school administrative unit regional learning community during the period of interim financing must be paid from local funds without state participation and may not be included in the unit's regional learning community's debt service costs for state subsidy purposes under section 15672, subsection 2-A. Such interest-only payments during the period of interim local financing may not be considered debt service costs as defined in section 15672, subsection 2-A for purposes of calculating amounts subject to the debt service limit established by this section.
The referendum question that is submitted to the voters for a project subject to interest-only interim local financing under this subsection must include, in addition to the information required by section 15904, an informational statement that sets forth the length of the period of interest-only interim financing established by the state board, an estimate of the annual interest cost during the period of interest-only interim local financing and a statement that the interest-only payments during the period of interim local financing is not eligible for inclusion in the debt service allocation of the school administrative unit regional learning community for purposes of calculating state school construction subsidy to the unit regional learning
community.
The maximum period that securities for a school construction project may be outstanding under any applicable statute or rule must be extended by the length of the period of interest-only interim local financing approved by the state board under this subsection.
If the voters of a school administrative unit regional learning community do not vote to approve a school construction project subject to interest-only interim local financing under this subsection, the unit's regional learning community's school construction project remains eligible for concept and funding approval from the state board at the time that the project would be eligible for such approval without interest-only interim location funding.
Sec. MM-100. 20-A MRSA §15905-A, sub-§4, as enacted by PL 1999, c. 95, §2, is amended to read:
4. Municipal schools. In a municipal school unit where the responsibility for final adoption of the school budget is vested in the municipal council by municipal charter, a nonstate funded project may be approved without a referendum vote if the charter does not require a referendum. This subsection is repealed June 30, 2008.
Sec. MM-101. 20-A MRSA §15907, sub-§1, as amended by PL 1997, c. 787, §10, is further amended to read:
1. Payment of State's share. The state allocation for debt service costs must be paid by the commissioner to each unit regional learning community according to that unit's regional learning community's debt retirement schedule and rules adopted pursuant to this chapter.
A. For all current and future debt service costs payable by a school administrative unit regional learning community to the Maine Municipal Bond Bank, the state allocation for debt service costs must be paid by the commissioner to the bond bank or its designated trustee one business day prior to the date of the unit's regional learning community's next debt service cost payment as outlined in the unit's regional learning community's debt retirement schedule and in accordance with rules adopted pursuant to this chapter. If the payment date falls on a Monday, payment must be made to the bond bank on the preceding Friday.
B. At least 60 days prior to the date of the school administrative unit's regional learning community's next debt service cost as outlined in the unit's regional learning community's debt retirement schedule, the commissioner shall inform the bond bank as to the unit's regional learning community's state share of debt service for its next debt service payment.
Sec. MM-102. 20-A MRSA §15907, sub-§2, as enacted by PL 1981, c. 693, §§ 5 and 8, is further amended to read:
2. Payment of local share. A school administrative unit regional learning community shall pay the local share of their its project costs.
Sec. MM-103. 20-A MRSA §15908, sub-§4, as enacted by PL 1993, c. 721, Pt. B, §1 and affected by Pt. H, §1, is amended to read:
4. Consistent siting. The state board shall adopt criteria governing applications under this chapter to direct construction projects for new schools to areas determined suitable under the provisions of Title 30-A, chapter 187, subchapter II 2, by the municipality regional learning community within which the project will be located. The board may not require a minimum contiguous parcel size for the project as a condition of approval.
Sec. MM-104. 20-A MRSA §15908-A, sub-§3, as enacted by PL 2003, c. 497, §2 and affected by §5, is amended to read:
3. Requirements for approval. The state board shall withhold approval of a state-funded new or substantially renovated school or school building if the local school authority regional learning community board proposing the project can not show that it has duly considered the most energy-efficient and environmentally efficient designs suitable in accordance with rules adopted pursuant to this section.
Sec. MM-105. 20-A MRSA §15909, as amended by PL 1987, c. 803, §§3 and 5, is further amended to read:
§15909. Financing
1. Rate of construction aid. A school administrative unit's regional learning community's initial local share of the total cost of a project shall must be either 5% of the total cost or the equivalent of one mill multiplied by the unit's regional learning community's state valuation, whichever is less.
A. The one mill shall must be calculated on the state valuation in effect at the time the project is first approved by the state board.
B. The unit's regional learning community's initial local share shall must be applied to the project costs during the period of construction.
C. The unit's regional learning community's initial local share may be derived from local appropriations or gifts.
D. The unit's regional learning community's initial local share shall may not be considered an educational cost for inclusion in the unit's regional learning community's state-local allocation under chapter 605.
E. This subsection does not apply to projects approved in local referendum under section 15904 after June 30, 1985.
2. Bonds. A school administrative unit regional learning community shall sell bonds in its name for the total cost of the project minus the amounts listed in paragraph A. Bond sales shall must be consistent with rules adopted or amended by the state board.
A. The amount to be bonded shall must be determined as follows. The total cost of the project shall must be reduced by:
(2) Proceeds from insured losses;
(3) Money from federal sources; and
(4) Other noneducational funds, except gifts and money from federal revenue sharing sources.
B. A school administrative unit regional learning community may borrow money for projects in anticipation of bond sales. Borrowing shall must be consistent with rules adopted or amended by the state board.
3. Deductions; cost of project. Proceeds from insured losses, money from federal sources and other noneducational funds shall must be deducted from the total cost of the project to determine the amount on which the state's State's share shall be is calculated. Proceeds from gifts or moneys from federal revenue sharing sources shall must be treated as local appropriations.
4. Construction projects approved in fiscal year 1984-85. School administrative units which received voter approval on a school construction project in a referendum under section 15904 in fiscal year 1984-85 shall include the initial local share under subsection 1 in the total cost of the project under subsection 2, paragraph A.
Sec. MM-106. 20-A MRSA §15910, as enacted by PL 1981, c. 693, §§5 and 8 and amended by PL 2003, c. 689, Pt. B, §6, is further amended to read:
§15910. Requirements
The following requirements shall apply to a school construction project.
1. Applications. An application for approval of a project shall must include the information required by the state board.
2. Reports. A school administrative unit regional learning community shall file:
A. A copy of the debt retirement schedule with the commissioner as soon as bonds are sold; and
B. A final report on a project to include any information the commissioner may require. This report shall must be made within the time specified by rule by the commissioner.
3. Penalty. Failure to submit accurate reports within specified times shall be deemed is sufficient cause for withholding school construction aid until the school administrative unit regional learning community complies.
4. Time of signing. A school administrative unit regional learning community may not sign a contract for construction or begin construction until the final plans and specifications have been approved by the commissioner, the Bureau of Public Improvements, the Department of Health and Human Services and the State Fire Marshal.
Sec. MM-107. 20-A MRSA §15911, as enacted by PL 1981, c. 693, §§5 and 8, is amended to read:
§15911. Community services; conditions of approval
The state board may approve construction of school buildings without obligating the State to pay a share of the costs of those buildings, if those portions are to be constructed to fulfill a community service need.
1. Community service. "Community service" means a service which that does not fulfill an educational purpose or which that is not restricted to a school-age population.
2. Breakdown of costs. If construction of facilities to meet a community service need occurs in conjunction with a school construction project, the board shall:
A. Require a breakdown of costs for the entire project; and
B. Approve a plan as to how operating costs, including repairs, shall will be shared by agreement between the municipal officers and the school regional learning community board.
3. Findings. The state board's finding shall become becomes a part of the certificate of approval and shall must be the basis on which all costs shall be are apportioned between the municipality and the school administrative unit regional learning community board for as long as that portion of the project shall:
A. Continue Continues to serve that community need; and
B. Remain Remains under the control of persons other than the school regional learning community board.
4. Application. An application from a school administrative unit regional learning community for approval of a school construction project shall must include evidence that approval will result in meeting or helping to meet the total construction and program needs of the area to be served.
Sec. MM-108. 20-A MRSA §15912, as enacted by PL 1981, c. 693, §§5 and 8, is amended to read:
§15912. Inspection of facility; compliance
If it appears that a school administrative unit regional learning community has failed to maintain a school facility which that protects the health, welfare and safety of the persons utilizing the facility, the commissioner may cause an inspection to be made. The commissioner shall notify the school administrative unit regional learning community of the findings of the investigation and of any changes to be made. The school administrative unit regional learning community shall make the changes promptly. If it fails to make the changes, it shall be is liable to the penalties provided in section 6801 6801-A.
Sec. MM-109. 20-A MRSA §15913, as enacted by PL 1981, c. 693, §§5 and 8, is amended to read:
§15913. School bus shelters
1. Placement. School bus shelters for school children, when approved by the school regional learning community board of the unit regional learning community in which they are located, may be placed or maintained outside the right-of-way and at least 33 feet from the center line of a highway.
2. Requirement. A shelter shall must be:
A. Constructed of steel or other durable material with concrete floor raised above ground level;
B. Kept clean, well painted or otherwise suitably maintained at all times; and
C. Kept free from snow.
3. Removal. The school regional learning community board may order its the removal of a shelter if it does not meet these the requirements under subsections 1 and 2.
Sec. MM-110. 20-A MRSA §15915, as amended by PL 2005, c. 499, §1, is further amended to read:
§15915. Energy service companies and 3rd-party financing
1. Initial agreement. Any school administrative unit regional learning community may enter into an agreement of up to 15 years with a private party, such as an energy service or 3rd-party financing company, for the design, installation, operation, maintenance and financing of energy conservation or combined energy conservation and air quality improvements at existing school administrative unit regional learning community facilities. The school administrative unit's regional learning community's costs to enter into such an agreement are not applicable to the unit's regional learning community's school construction project costs, the debt service on which is eligible for subsidy
purposes under section 15907. Such an agreement is deemed to be a professional service, which is not subject to the competitive bidding requirements of Title 5, section 1743-A, if the agreement:
A. Provides for operation or maintenance of the improvement for at least 5 years or the entire term of the financing agreement if longer than 5 years;
B. Requires a guaranty by the contractor that the improvement will meet performance criteria set forth in the agreement for at least 5 years or for the entire term of the financing agreement if longer than 5 years; and
C. Has a total contract cost, excluding interest and operating and maintenance costs, of less than $2,000,000 for any school building.
A school administrative unit regional learning communi | 
Login to E-mail
|
