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RESOLVES OF MAINE
Second Regular Session of the 120th

CHAPTER 80
S.P. 733 - L.D. 2043

Resolve, to Study School Administrative Unit Organization in Maine

     Sec. 1. Study group established. Resolved: That the Department of Education and the State Board of Education shall convene a study group to develop recommendations for state actions that would provide adequate instructional opportunities for all students to achieve the State's learning results while also ensuring a high level of operational efficiency; and be it further

     Sec. 2. Study group membership. Resolved: That the Commissioner of Education and the Chair of the State Board of Education shall jointly appoint members of the study group from a list of candidates recommended by the nominating authorities as specified in this section. In nominating members to the study group, the nominating authorities shall select nominees who have experience working with, or special knowledge of, one or more types of school administrative units or regional collaboratives. In appointing members to the study group, the Commissioner of Education and the Chair of the State Board of Education shall give proper consideration to achieving statewide geographical representation. The membership of the study group includes, but is not limited to, the following members:

     1. Two superintendents appointed from a list of superintendents recommended by the Maine School Superintendents Association;

     2. Two school board members appointed from a list of school board members recommended by the Maine School Boards Association;

     3. Two elected or appointed municipal officials appointed from a list of elected or appointed municipal officials recommended by the Maine Municipal Association;

     4. One teacher appointed from a list of teachers recommended by the Maine Education Association;

     5. One principal appointed from a list of principals recommended by the Maine Principals' Association;

     6. Two members of the general public;

     7. One member from the Department of Education; and

     8. One member of the State Board of Education; and be it further

     Sec. 3. Chairs; convening of study group. Resolved: That the Commissioner of Education and the Chair of the State Board of Education shall jointly appoint cochairs of the study group. When the appointment of all study group members is complete, the cochairs of the study group shall call and convene the first meeting of the study group; and be it further

     Sec. 4. Study group duties. Resolved: That the study group shall consider issues and make recommendations related to providing the organizational structure and functions that can provide adequate instructional opportunities for all students to achieve the State's learning results while also ensuring a high level of operational efficiency. In accomplishing its duties, the study group shall:

     1. Research the history of regionalization in the State by the formation of districts and participation in regional collaboratives, including but not limited to implementation of the Sinclair Act, Maine Revised Statutes, Title 20-A, chapter 103, subchapters I and II. This history must consider demographic data of school administrative units and of regional collaboratives, their organizational structures and functions and how key decisions are made. The history must also characterize the instructional opportunities and operational efficiencies that are associated with different types of school units and regional collaboratives;

     2. Investigate other research regarding school administrative units and regional collaboratives in other states and identify findings that may be applicable in the State;

     3. Recommend incentives that the State could provide that would serve to promote school administrative units that have the organizational characteristics that can be demonstrated to support high levels of student outcomes and efficient use of resources and to maintain school administrative units that are already exhibiting these organizational characteristics. These incentives may include, but are not limited to, receipt of higher amounts of general purpose aid for local schools and preferential treatment in determining eligibility for capital funds for school construction, renovation or transportation; and

     4. Investigate any existing disincentives to forming regional collaboratives and identify strategies that may be applicable to removing or overcoming these disincentives.

     In performing its duties, the study group shall review the findings and recommendations of other research, including but not limited to previous studies and reports by the Department of Education, the State Board of Education and the Maine Education Policy Research Institute. The study group shall consider the recommendations contained in the preliminary and final reports of the task force on school governance convened by the State Board of Education at the request of the Joint Standing Committee on Education and Cultural Affairs during the First Regular Session of the 120th Legislature. The study group shall also consider the school governance recommendations contained in "Keeping Promises: Honoring Our Commitment to Educational Equity," the Final Report of the Committee to Study Organizational and Tax Issues in Public Schools, commonly referred to as the "Rosser Report," issued February 1995, including but not limited to the committee's recommendations regarding cooperative agreements, consolidation, school unions, school administrative unit cost-sharing and withdrawals from a school administrative unit; and be it further

     Sec. 5. Report. Resolved: That the study group shall submit a preliminary report to the joint standing committee of the Legislature having jurisdiction over education matters by January 31, 2003 and a final report by January 20, 2004. The final report must summarize all findings and provide specific recommendations made pursuant to section 4 of this resolve, including any proposed legislation to implement these recommendations. Following receipt and review of the report, the joint standing committee of the Legislature having jurisdiction over education and cultural affairs matters may report out legislation related to the recommendations contained in the report to the Second Regular Session of the 121st Legislature; and be it further

     Sec. 6. Staffing. Resolved: That staffing must be jointly provided by the State Board of Education and the Department of Education. The study group may request research and data analysis from the Executive Department, State Planning Office and the Maine Education Policy Research Institute.

Effective July 25, 2002, unless otherwise indicated.

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