An Act To Prevent Economic Hardship in Maine School Administrative District 44

Sec. 1. Legislative findings.

1. The Legislature finds that the Town of Newry, which is home to one of the premier ski resorts in the State, is a member of Maine School Administrative District 44 and, because of the specific situation presented by the existence of the ski resort, the requisite regional workforce and the relative taxable property value in Maine School Administrative District 44, together with the importance of public funding of education, Maine School Administrative District 44 is specifically exempted from the standard municipal cost-sharing formula in determining the local cost of education to member municipalities, pursuant to Public Law 2005, chapter 2, Part D, section 69.

2. The Legislature acknowledges that the only other school district that is specifically exempted by that provision of law from the standard municipal cost-sharing formula is Maine School Administrative District 6, of which the Town of Frye Island is a member, and that, in order to prevent economic hardship within the towns composing Maine School Administrative District 6, the Town of Frye Island is required by law to remain a member of Maine School Administrative District 6 and continue to pay its proportional share of costs of education in accordance with Private and Special Law 1997, chapter 41, Part A, section 8, as amended by Private and Special Law 2001, chapter 8, section 1.

3. The Legislature finds that a committee composed of members of the towns within Maine School Administrative District 44 presented to the voters in Maine School Administrative District 44 in November 2016 a proposal to amend the cost-sharing formula used to fund education and that proposal failed at referendum.

4. The Legislature finds that the Town of Newry has expressed the goal of withdrawing from Maine School Administrative District 44 and tuitioning its students back to that same school district at an increased expense to neighboring towns.

5. The Legislature finds that the withdrawal of the Town of Newry from Maine School Administrative District 44 would impose an unsustainable economic hardship upon the residents of the remaining towns within Maine School Administrative District 44 through significant shifting of the property tax burden to a more localized valuation base, and the Legislature therefore finds that it is in the greater public interest that the Town of Newry continue to remain a member of Maine School Administrative District 44 and continue to pay its proportional share of costs of education.

6. Because the advantages of education are essential to the preservation of the rights and liberties of the people, it is the duty of the Legislature under the Constitution of Maine, Article 8, Part First, Section 1 to require towns to provide for the support and maintenance of public schools.

Sec. 2. Prohibition on withdrawal from school administrative district. Notwithstanding any withdrawal proceedings initiated or completed pursuant to the Maine Revised Statutes, Title 20-A, former section 1405, Title 20-A, section 1466 or any other provision of law to the contrary, the Town of Newry is part of and may not withdraw from Maine School Administrative District 44 and shall pay its proportional share of costs as required in Public Law 2005, chapter 2, Part D, section 69.

summary

This bill maintains the existing ad valorem cost-sharing agreement of the members of Maine School Administrative District 44 by requiring the Town of Newry to remain a member of that district. The bill expresses the Legislature's findings that the Constitution of Maine requires municipalities to support public schools, that there exists established precedent for prohibiting the withdrawal of a municipality from a school district and that the residents of the school district have considered and rejected an amendment to the cost-sharing formula used to fund education and have expressed objection to the use of the withdrawal process for the purpose of tuitioning students back to the same school district at increased expense of neighboring towns.