Amend the bill by inserting after the enacting clause and before section 1 the following:
‘Sec. 1. 20-A MRSA c. 114-A is enacted to read:
CHAPTER 114-A
FUND FOR THE EFFICIENT DELIVERY OF EDUCATIONAL SERVICES
Amend the bill in section 1 in §6213 in subsection 3 in the last 2 lines (page 2, lines 4 and 5 in L.D.) by striking out the following: " in the creation" and inserting the following: ' collaboratively in the creation and implementation'
Amend the bill in section 1 in §6213 in subsection 4 by striking out all of paragraphs J and K (page 3, lines 1 to 8 in L.D.) and inserting the following:
‘ J. A provision for the continuation and assignment of collective bargaining agreements as they apply to the school, zone or district for the duration of those agreements and the continuation of representational rights;
K. A provision for the continuation of continuing contract rights under section 13201; and’
Amend the bill in section 1 in §6213 in subsection 6 by inserting after the first paragraph a new blocked paragraph to read:
‘ A person may not directly or indirectly interfere with, intimidate, restrain, coerce or discriminate against a public employee or a group of public employees in the free exercise of their rights pursuant to Title 26, chapter 9-A to voluntarily join, form and participate in the activities of organizations of their own choosing for the purposes of representation and collective bargaining or in the free exercise of any other right under Title 26.’
Amend the bill in section 1 in §6213 in subsection 8 by inserting after the first sentence a new sentence to read: ' Any gift, grant or donation received pursuant to this subsection must be approved by the school board prior to the receipt of the gift, grant or donation.'
Amend the bill in section 1 in §6213 in subsection 10 in paragraph C in the last line (page 5, line 10 in L.D.) by striking out the following: " and"
Amend the bill in section 1 in §6213 in subsection 10 in paragraph D in the last line (page 5, line 13 in L.D.) by striking out the following: " ." and inserting the following: ' ; and'
Amend the bill in section 1 in §6213 in subsection 10 by inserting after paragraph D the following:
‘ E.
The legal obligations and duties that a school administrative unit implementing an innovation plan owes to its employees prior to the formation of a district or zone, including but not limited to those obligations and duties arising under federal or state law, collective bargaining agreements and individual employment contracts, including but not limited to:
(1) Continued recognition of all bargaining agents that represent any bargaining units of employees who are employed by a school administrative unit implementing an innovation plan; and
’ (2) Assumption and continued observance of all collective bargaining agreements between such bargaining agents and a school administrative unit implementing an innovation plan.
Amend the bill by inserting after section 1 the following:
‘Sec. 2. 26 MRSA §962, sub-§7, ¶A, as amended by PL 2005, c. 662, Pt. A, §43 and PL 2007, c. 58, §3, is further amended to read:
A.
Any officer, board, commission, council, committee or other persons or body acting on behalf of:
(1) Any municipality or any subdivision of a municipality;
(2) Any school, water, sewer, fire or other district;
(3) The Maine Turnpike Authority;
(5) Any county or subdivision of a county;
(6) The Maine Public Employees Retirement System; or
(7) The Maine Educational Center for the Deaf and Hard of Hearing and the Governor Baxter School for the Deaf; or
(8) Any innovative, autonomous public school, innovative public school district or innovative public school zone created and operated under Title 20-A, section 6212 or 6213;
Sec. 3. Appropriations and allocations. The following appropriations and allocations are made.
EDUCATION, DEPARTMENT OF
Fund for the Efficient Delivery of Educational Services Z005
Initiative: Provides a base allocation for grants to improve educational opportunities and student achievement through more efficient delivery of educational services.
| OTHER SPECIAL REVENUE FUNDS |
2011-12 |
2012-13 |
|
All Other
|
$500 |
$500 |
|
 |
|
| OTHER SPECIAL REVENUE FUNDS TOTAL |
$500 |
$500 |
’
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section number to read consecutively.
summary
This amendment removes the provisions in the bill that propose to require the consent of a majority of administrators, teachers and school staff and students, their parents and the community prior to the designation of a public school as an innovative school, zone or district under an innovation plan.
It provides that a school board must approve the acceptance of private gifts, grants and donations received to offset the costs of developing and implementing an innovation plan.
It adds provisions to the bill pertaining to the collective bargaining rights of public school employees when an innovative school, zone or district is established under an innovation plan. The amendment provides for the continuation and assignment of collective bargaining agreements, the continuation of continuing contract rights for teachers and the continued recognition of bargaining agents that represent a collective bargaining unit of public employees employed by a public school that establishes an innovative school, zone or district.
It provides for the establishment of the Fund for the Efficient Delivery of Educational Services within the Department of Education. The fund permits the department to provide grants to school administrative units, municipalities and counties or a combination of 2 or more of these entities to implement plans for local and regional initiatives such as innovative public schools, zones or districts in order to improve educational opportunity and student achievement through the efficient delivery of educational services.
It also adds an appropriations and allocations section.
FISCAL NOTE REQUIRED
(See attached)