‘Sec. 1. 20-A MRSA §1, sub-§26, as amended by PL 2007, c. 240, Pt. XXXX, §5, is further amended to read:
Sec. 2. 20-A MRSA §1479, sub-§3, as enacted by PL 2007, c. 240, Pt. XXXX, §13, is amended to read:
Sec. 3. 20-A MRSA §1483, as enacted by PL 2007, c. 240, Pt. XXXX, §13, is amended to read:
§ 1483. Regional school unit budget; budget formats
Sec. 4. 20-A MRSA §1484, as enacted by PL 2007, c. 240, Pt. XXXX, §13, is amended to read:
§ 1484. Checklist required
Beginning with the budget for the 2008-2009 2009-2010 school year, prior to a vote on articles dealing with regional school unit appropriations, the moderator of a regular or special regional school unit budget meeting shall require the clerk or secretary of the regional school unit board 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.
Sec. 5. 20-A MRSA §1485, first ¶, as enacted by PL 2007, c. 240, Pt. XXXX, §13, is amended to read:
After January 31, 2008 2009, the format of the annual budget of a regional school unit must be in accordance with this section.
Sec. 6. 20-A MRSA §1485, sub-§1, ¶F, as enacted by PL 2007, c. 240, Pt. XXXX, §13, is amended to read:
Sec. 7. 20-A MRSA §1486, first ¶, as enacted by PL 2007, c. 240, Pt. XXXX, §13, is amended to read:
After January 31, 2008 2009, the procedure for approval of the annual budget of a regional school unit must be in accordance with this section and section 1485.
Sec. 8. 20-A MRSA §1502, sub-§2, ¶A, as enacted by PL 2007, c. 240, Pt. XXXX, §13, is amended to read:
(1) "Do you favor authorizing the board of directors of (name of regional school unit) to issue bonds or notes in the name of this regional school unit 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)?
(2) "Do you favor authorizing the board of directors of (name of regional school unit) to issue bonds or notes in the name of this regional school unit for school construction or minor capital projects in an amount not to exceed $.......... for the purpose of ..................................................... (purpose of school construction project)?
(3) "Do you favor authorizing the board of directors of (name of regional school unit) to use the bond issue or notes in an amount not to exceed $........., which was voted by the regional school unit on ................... (date), to construct a ........................... (elementary or secondary school) to be located at ............................................................................... (specifically defined lot where school is to be located)?
(4) "Do you favor authorizing the board of directors of (name of regional school unit) 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 school unit 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 when approved for current fiscal year funding, proceeds from insured losses, money from federal sources, other noneducational funds, etc.) ?
Sec. 9. 20-A MRSA §1502, sub-§2, ¶C, as enacted by PL 2007, c. 240, Pt. XXXX, §13, is amended to read:
(1) "Do you favor authorizing the board of directors of (name of regional school unit) to contract in the name of this regional school unit with (name of regional school unit or private school) for the schooling of secondary pupils for a term of .................... years?
Sec. 10. 20-A MRSA §1502, sub-§2, ¶D, as enacted by PL 2007, c. 240, Pt. XXXX, §13, is amended to read:
(1) "Do you favor authorizing the board of directors of (name of regional school unit) to accept a prospective gift under the following conditions? ..................................(terms and conditions).
Sec. 11. 20-A MRSA §1506, sub-§1, ¶A, as enacted by PL 2007, c. 240, Pt. XXXX, §13, is amended to read:
Sec. 12. 20-A MRSA §1506, sub-§4, as enacted by PL 2007, c. 240, Pt. XXXX, §13, is amended to read:
Allocations between members of the original education unit to pay the debt service for the existing debt must be made on the basis of the cost-sharing formula of the original education unit in effect on July 1, 2007 2009, as applied to the year of allocation. In the case of state-subsidized debt service, the provisions of subsection 3 apply. Amounts to pay the debt service on the existing debt of the original education units must be included in the budget that the regional school unit board of a new unit submits for approval. If the original education unit is divided between different new units that have not agreed to assume liability to pay the existing debt, the commissioner shall require that the reorganization plan of one of those new units provide for that new unit to serve as agent for purposes of the existing debt of the original education unit. That new unit, as agent, has the authority provided by this subsection, except that the new unit shall notify the other new units containing members of the original education unit of the amounts they must assess and collect from their members who were members of the original education unit, and those other new units shall perform the functions in subsection 4, paragraphs C and D with respect to their members, and shall pay the appropriate amounts over to the new unit serving as agent.
Sec. 13. 20-A MRSA §2307, as enacted by PL 2007, c. 240, Pt. XXXX, §21, is amended to read:
§ 2307. School budgets
Notwithstanding any other law, municipal school budgets developed after January 1, 2008 2009 must follow the same school budget requirements as regional school units pursuant to chapter 103-A.
Sec. 14. 20-A MRSA §2603, as enacted by PL 2007, c. 240, Pt. XXXX, §22, is amended to read:
§ 2603. Collaborative agreements between previous education units
A collaborative agreement between 2 or more previous education units may remain in effect after July 1, 2008 2010. Notwithstanding any other provision of law to the contrary, collaborative agreements in existence on the effective date of this section may be extended or modified by the parties to the collaborative agreement.
Sec. 15. 20-A MRSA §15671-A, sub-§2, ¶B, as amended by PL 2007, c. 240, Pt. XXXX, §24, is further amended to read:
(1) For the 2005 property tax year, the full-value education mill rate is the amount necessary to result in a 47.4% statewide total local share in fiscal year 2005-06.
(2) For the 2006 property tax year, the full-value education mill rate is the amount necessary to result in a 46.14% statewide total local share in fiscal year 2006-07.
(3) For the 2007 property tax year, the full-value education mill rate is the amount necessary to result in a 45.56% statewide total local share in fiscal year 2007-08.
(4) Except as provided in subparagraph (6), for the 2008 property tax year and subsequent tax years, the full-value education mill rate is the amount necessary to result in a 45.0% statewide total local share in fiscal year 2008-09 and after.
(6) For school administrative units that do not conform to the requirements of chapter 103-A for the 2009 2010 property tax year, the full-value education mill rate is the amount necessary to result in a 46.14% statewide total local share in fiscal year 2009-10 2010-11 and after.
Sec. 16. 20-A MRSA §15680, sub-§1, ¶A, as amended by PL 2007, c. 240, Pt. XXXX, §25, is further amended to read:
Sec. 17. 20-A MRSA §15680, sub-§1, ¶B, as amended by PL 2007, c. 240, Pt. XXXX, §26, is further amended to read:
Sec. 18. 20-A MRSA §15681-A, sub-§2-A, as enacted by PL 2007, c. 240, Pt. XXXX, §27, is amended to read:
Sec. 19. 20-A MRSA §15681-A, sub-§3-A, as enacted by PL 2007, c. 240, Pt. XXXX, §28, is amended to read:
Sec. 20. 20-A MRSA §15691-A, first ¶, as enacted by PL 2007, c. 240, Pt. XXXX, §32, is amended to read:
Beginning with the 2008-2009 2009-2010 school year, this section applies to municipal assessments paid to a regional school unit.
Sec. 21. 20-A MRSA §15696, as enacted by PL 2007, c. 240, Pt. XXXX, §33, is amended to read:
§ 15696. Penalties for nonconforming school administrative units
Sec. 22. PL 2007, c. 240, Pt. XXXX, §36, sub-§8 is amended to read:
8. Referendum on reorganization plan. The municipal officers of each municipality in a proposed reorganized school administrative unit shall place a warrant article substantially as follows on the ballot of a municipal referendum conducted in accordance with the referendum procedures applicable to the school administrative unit of which the municipality is a member. A referendum must be held on or before January 15, 2008 for a reorganization plan that was submitted by December 15, 2007 and that the Commissioner of Education found meets the requirements of this Part. A referendum must be held on June 10, 2008 June 9, 2009 for any plan received or revised after December 15, 2007 and subsequently found by the Commissioner of Education to meet the requirements of this Part.
The following statement must accompany the article:
"Explanation:
The Department of Education shall pay the cost of a referendum conducted before or on January 15, 2008 2009.
Sec. 23. PL 2007, c. 240, Pt. XXXX, §36, sub-§11 is amended to read:
11. Result of disapproval at January 2008 referendum. A school administrative unit that rejects a proposed reorganization plan at the January 15, 2008 referendum or at a subsequent referendum on or before November 4, 2008 November 3, 2009 may restart the process to form a regional school unit with the same or other school administrative units and may seek assistance from the Department of Education to prepare another reorganization plan.
Sec. 24. PL 2007, c. 240, Pt. XXXX, §36, sub-§12 is amended to read:
12. Reformulation of SAD as RSU. Not later than December 1, 2008 2009, the Commissioner of Education shall notify any school administrative district that has not voted to form a regional school unit on or before November 4, 2008 November 3, 2009 that the school administrative district must be recreated as a regional school unit under Title 20-A, chapter 103-A, effective July 1, 2009 2010. Notwithstanding any other provision of law, a school administrative district may be changed to a regional school unit upon notice to the State Board of Education without dissolving the school administrative district.
Sec. 25. PL 2007, c. 240, Pt. XXXX, §38 is amended to read:
Sec. XXXX-38. Notification of allocation of funding to school administrative units. Notwithstanding the Maine Revised Statutes, Title 20-A, section 15689-B, subsection 2, paragraph A, the notice by the Commissioner of Education to school boards of the estimated amount of state funds to be allocated to the school administrative unit for school years 2008-2009 2009-2010 and 2009-2010 2010-2011 must be provided not later than March 31st.
Sec. 26. PL 2007, c. 240, Pt. XXXX, §39 is amended to read:
Sec. XXXX-39. Adjustment for regional school unit start-up costs. The Commissioner of Education shall establish an adjustment for the fiscal year 2008-09 2010-11 to support the start-up costs associated with the reorganization of school administrative units to regional school units in accordance with the Maine Revised Statutes, Title 20-A, chapter 103-A.
Sec. 27. PL 2007, c. 240, Pt. XXXX, §41 is amended to read:
Sec. XXXX-41. Transfer of property and assets; regional school units approved prior to January 16, 2010. This section applies to a regional school unit that is approved prior to January 16, 2008 2010.
1. Board of directors. The directors of the board of each regional school unit established in the Maine Revised Statutes, Title 20-A, chapter 103-A shall determine what school property of the municipalities in existence prior to July 1, 2008 2010 and of the school administrative units in existence prior to July 1, 2008 2010 in their regions is necessary to carry out the functions of the regional school unit and shall request in writing that the board of each such school administrative unit or the municipal officers transfer title of their school property and buildings to the regional school unit board of directors.
2. Transfer. The municipal officers and boards contacted pursuant to subsection 1 may make the transfer of property and assets notwithstanding any other provision in the charter of the school administrative unit or municipality.
3. Financing assumed debts. A regional school unit shall assume the outstanding indebtedness of a school administrative unit in existence prior to July 1, 2008 2010 for school construction projects approved for subsidy under Title 20-A, chapter 609 and pursuant to section 1506. If a regional school unit board of directors has assumed the outstanding indebtedness of a school administrative unit in existence prior to July 1, 2008 2010 the directors of the regional school unit board may, notwithstanding any other statute or any provision of any trust agreement, use any sinking fund or other money set aside by the school administrative unit in existence prior to July 1, 2008 2010 to pay off the indebtedness for which the money was dedicated. A regional school unit board of directors is not required to assume the outstanding indebtedness of a school administrative unit in existence prior to July 1, 2008 2010 in its regional school unit for nonstate funded projects pursuant to Title 20-A, section 15905-A and pursuant to section 1481.
Sec. 28. PL 2007, c. 240, Pt. XXXX, §42 is amended to read:
Sec. XXXX-42. Transfer of property and assets; regional school units approved after January 15, 2010. This section applies to a regional school unit that is approved after January 15, 2008 and before November 5, 2008 3, 2009.
1. Board of directors. The directors of the board of each regional school unit established in the Maine Revised Statutes, Title 20-A, chapter 103-A shall determine what school property of the municipalities in existence prior to July 1, 2009 2010 and of the school administrative units in existence prior to July 1, 2009 2010 in their regions is necessary to carry out the functions of the regional school unit and shall request in writing that the board of each such school administrative unit or the municipal officers transfer title of their school property and buildings to the regional school unit board of directors.
2. Transfer. The municipal officers and boards contacted pursuant to subsection 1 may make the transfer of property and assets notwithstanding any other provision in the charter of the school administrative unit or municipality.
3. Financing assumed debts. A regional school unit shall assume the outstanding indebtedness of a school administrative unit in existence prior to July 1, 2009 2010 for school construction projects approved for subsidy under Title 20-A, chapter 609 and pursuant to section 1506. If a regional school unit board of directors has assumed the outstanding indebtedness of a school administrative unit in existence prior to July 1, 2009 2010 the directors of the regional school unit board may, notwithstanding any other statute or any provision of any trust agreement, use any sinking fund or other money set aside by the school administrative unit in existence prior to July 1, 2009 2010 to pay off the indebtedness for which the money was dedicated. A regional school unit board of directors is not required to assume the outstanding indebtedness of a school administrative unit in existence prior to July 1, 2009 2010 in its regional school unit for nonstate funded projects pursuant to Title 20-A, section 15905-A and pursuant to section 1481.
Sec. 29. PL 2007, c. 240, Pt. XXXX, §43 is amended to read:
Sec. XXXX-43. Operational date and transfer of authority.
1. Operational date. A regional school unit board of directors becomes operational on the date set by the State Board of Education as provided in the Maine Revised Statutes, Title 20-A, chapter 103-A.
2. Transfer of governing authority; regional school units approved prior to January 16, 2010. This subsection applies to regional school units approved prior to January 16, 2008 2010. The regional school unit board of directors, on the date established in subsection 1, shall assume responsibility for the management and control of the public schools and programs within the school administrative units in existence prior to July 1, 2008 2010 that are within the regional school unit. Those school administrative units in existence prior to July 1, 2008 2010, on the date established in subsection 1, have no further responsibility for the operation or control of the public schools and programs within the school administrative unit except those pursuant to section 1481.
3. Transfer of governing authority; regional school units approved after January 15, 2010. This subsection applies to regional school units approved after January 15, 2008 2010 and before November 5, 2008 3, 2009. The regional school unit board of directors, on the date established in subsection 1, shall assume responsibility for the management and control of the public schools and programs within the school administrative units in existence prior to July 1, 2009 2010 that are within the regional school unit. Those school administrative units in existence prior to July 1, 2009 2010, on the date established in subsection 1, have no further responsibility for the operation or control of the public schools and programs within the school administrative unit except those pursuant to section 1481.
4. Transfer of school accounts. Notwithstanding Title 20-A, section 15004 or any charter of a municipal school unit, school administrative district or community school district, the balance remaining in the school accounts of the former municipal school unit, school administrative district or community school district within the regional school unit must be paid to the treasurer of the regional school unit and verified through the annual audit process pursuant to Title 20-A, chapter 221, subchapter 2. The balance from each of the former municipal school unit, school administrative district or community school district must be used to reduce that unit's or district's local contribution to the regional school unit. Payment may be made in equal monthly installments during the implementation year.
5. Transfer of teachers and employees. Except as limited by paragraph A, for regional school units approved prior to January 16, 2008 2010, all teachers and school employees who are employed by a participating school administrative unit on June 30, 2008 2010 must be transferred to and employed by the regional school unit as of July 1, 2008 2010. Except as limited by paragraph A, for regional school units approved after January 15, 2008 2009 and before November 5, 2008 3, 2009, all teachers and school employees who are employed by participating school administrative units on June 30, 2009 2010 must be transferred and employed by the regional school unit as of July 1, 2009 2010. Except as limited by paragraph B, the regional school unit shall assume all of the legal obligations and duties that the participating school administrative units owed to their employees, including but not limited to those obligations and duties arising under federal law, state law, collective bargaining agreements and individual employment contracts. It is the intent of this Part to neither decrease nor increase the rights and benefits of transferred employees or the employer. The regional school unit shall also maintain and honor any agreements, contracts or policies regarding the rights and benefits of retirees and former employees created by a participating school administrative unit that is dissolved as a result of its inclusion within a regional school unit.
6. Collective bargaining. The following provisions apply:
7. Superintendent contracts. The contracts between the superintendents and school administrative units within the regional school unit are transferred to the regional school unit board of directors. The regional school unit board of directors shall determine the superintendents' duties within the regional school unit.
Sec. 30. PL 2007, c. 240, Pt. XXXX, §45, sub-§5 is amended to read:
5. No later than December 15, 2008 2009, the department shall submit a report that includes its findings and recommendations, including suggested legislation, for presentation to the joint standing committee of the Legislature having jurisdiction over education matters. In its proposed implementing language, the department may include proposals to repeal, modify, redesign, effectively coordinate or delay the implementation of any of the listed mandates, as may be appropriate. Following receipt and review of the report, the joint standing committee of the Legislature having jurisdiction over education matters may report out a bill to the First Second Regular Session of the 124th Legislature.
Sec. 31. PL 2007, c. 240, Pt. XXXX, §46 is amended to read:
Sec. XXXX-46. Report; validation referendum review. The Department of Education shall conduct a review of the results of the validation referendums conducted for the approval of the 2008-2009, 2009-2010 and , 2010-2011 and 2011-2012 school budgets. In conducting its review, the department shall:
1. Collect and analyze the results of the referendums from school administrative units;
2. Determine the number of school budgets that were approved by the voters with the initial referendum;
3. Determine the number of school budgets that were not approved by the voters with the initial referendum;
4. For those school budgets that were not approved by the voters with the initial referendum, determine the number of referendums that were required to be held in order to obtain voter approval and the number of school budgets that exceeded the maximum state and local spending target;
5. Collect and analyze other information regarding the validation referendum process as deemed pertinent by the department; and
6. Report its findings and recommendations, including suggested legislation, to the joint standing committee of the Legislature having jurisdiction over education matters by December 15, 2010 2011. In its recommendations, the department shall include proposals to extend, modify or repeal the current validation referendum process. Following receipt and review of the report, the joint standing committee of the Legislature having jurisdiction over education matters shall report out a bill to the First Second Regular Session of the 125th Legislature that extends, modifies or repeals the current validation referendum process.
Sec. 32. PL 2007, c. 240, Pt. XXXX, §47 is amended to read:
Sec. XXXX-47. Reports; additional necessary implementing legislation. No later than January 31, 2008, the Commissioner of Education shall submit to the Joint Standing Committee on Education and Cultural Affairs an initial report that contains recommendations and any proposed legislation necessary to fully implement this Part including legislation to convert school administrative districts and community school districts to the regional school unit form of governance on July 1, 2009 2010. Following receipt and review of the initial report, the Joint Standing Committee on Education joint standing committee of the Legislature having jurisdiction over education matters may submit legislation to the Second First Regular Session of the 123rd 124th Legislature. No later than January 31, 2009 2010, the Commissioner of Education shall submit to the joint standing committee of the Legislature having jurisdiction over education matters a final report that contains recommendations and any proposed legislation necessary to fully implement this Part including proposed legislation to repeal the laws governing school administrative districts and community school districts. Following receipt and review of the final report, the joint standing committee of the Legislature having jurisdiction over education matters may submit legislation to the First Second Regular Session of the 124th Legislature.
Sec. 33. PL 2007, c. 240, Pt. XXXX, §48 is amended to read:
Sec. XXXX-48. Rulemaking for efficient, high-performing districts. The Commissioner of Education shall adopt major substantive rules, as defined in the Maine Revised Statutes, Title 5, chapter 375, subchapter 2-A, to establish criteria for the identification of efficient, high-performing school districts beginning with the 2008-2009 2009-2010 school year. In establishing the criteria, the commissioner must be guided by the criteria used by the Maine Education Policy Research Institute in its 2007 report "The Identification of Higher and Lower Performing Maine Schools" and establish an efficiency factor for per-pupil expenditures for system administration. The commissioner shall provisionally adopt the rules and submit them to the Joint Standing Committee on Education and Cultural Affairs joint standing committee of the Legislature having jurisdiction over education and cultural affairs no later than December 1, 2007 2008.
Sec. 34. Appropriations and allocations. The following appropriations and allocations are made.
EDUCATION, DEPARTMENT OF
General Purpose Aid for Local Schools 0308
Initiative: Appropriates funds in fiscal year 2008-09 that were deappropriated in Public Law 2007, chapter 240 to reflect the one year delay of the savings that were anticipated to be achieved as a result of the reorganization of school administrative units into regional school units.
GENERAL FUND | 2007-08 | 2008-09 |
All Other
|
$0 | $36,518,661 |
![]() |
![]() |
|
GENERAL FUND TOTAL | $0 | $36,518,661 |