[Local-Maine-Schools] Dick Gould note on repeal, plus notes on Rosen's amendment

Mon Apr 14 13:37:35 UTC 2008

Note:  Direct URLs for the items Dick Gould's message (below) points to are:

2280:
http://janus.state.me.us/legis/LawMakerWeb/summary.asp?ID=280028515

Rosen:
http://janus.state.me.us/legis/LawMakerWeb/externalsiteframe.asp?ID=280028515&LD=2280&Type=4&SessionID=7

Given that it looks like Sen. Rosen's piece is very extensive, it would 
be useful if someone familiar with the significant changes from 2280 he 
has in mind were to summarize them for the rest of us.  I've added the 
amendment's summary section after Dick Gould's message.

Dick Atlee

-------- Original Message -----------------------------------------
Subject: 	repeal
Date: 	Mon, 14 Apr 2008 07:46:50 -0400
From: 	RICHARD GOULD <perf3170rag at verizon.net>

It is likely that the repeal vote will be taken in the Senate.  I think
it will pass, but not with a veto proof margin.  The Gov. will veto and
then the wheeling and dealing starts again.  I really do not know what
will happen.  It may be that nothing will be changed this year, but if I
were guessing, I think they will reach some sort of deal before they
leave for good.

Sen. Rosen's amendment is on the web if you want to go over it.  Go to
the Legislative website, click on the House, then onto bill status.
Type in 2280 for the LD.  Rosen's amendment is filing number S-603.

Have a good day
Dick
-------------------------------------------------------------------

Summary (of Rosen amendment)

Like the bill, this amendment amends the law to improve the laws 
governing the formation of regional school units.

Part A of this amendment accomplishes the following.

1. It repeals the laws requiring the reorganization of school 
administrative units into regional school units and instead provides 
school administrative units with the option of reorganizing as regional 
school units.

2. It repeals the provisions that establish penalties for failure to 
reorganize as a regional school unit and instead provides incentives for 
such a reorganization.

3. It repeals the requirement that each municipality that is a member of 
a new regional school unit contribute a minimum of 2 mills of the 
municipality's property fiscal capacity to the total cost of education 
of the new regional school unit.

4. It also restores the laws that were amended or repealed to 
accommodate the required consolidation.

Part B of this amendment accomplishes the following.

1. It clarifies the language pertaining to mandatory budget validation 
and cost center summary budget forms for school administrative districts.

2. It outlines the core functions of a regional school unit.

3. It establishes the transitional powers and duties of an initial 
regional school unit board.

4. It establishes procedures for the election of an initial regional 
school unit board, including the staggering of terms.

5. It outlines the law governing local school committees within a 
regional school unit, including formation, delegation of functions, 
budget responsibility and title to property.

6. It clarifies the authorization provided to regional planning 
committees to negotiate a cost-sharing agreement for those costs of 
proposed regional school units that are in addition to the local 
contribution required pursuant to the Maine Revised Statutes, Title 
20-A, section 15690.

7. It clarifies the roles of the municipal officers and the school 
committee for municipal school units whose municipal charters give 
authority to approve the school budget to the municipal officers and 
establishes the requirements for calling a budget meeting and the 
procedures for the budget meeting.

8. It clarifies the assumption of existing debt that is transferred from 
an original education unit to a new regional school unit that is formed 
after July 1, 2008.

9. It clarifies the relationship between a regional school unit board 
and a local school that seeks to raise additional funds for an 
elementary school or a secondary school that is owned or managed by the 
member municipality. It also removes references to "elementary" schools 
in the school closure provisions to clarify that secondary schools are 
also subject to these requirements.

10. It clarifies the language pertaining to mandatory budget validation 
and cost center summary budget forms for community school districts.

11. It clarifies language regarding the payment of tuition at a public 
school or approved private school of the parent's choice.

12. It provides that a so-called "minimum receiver" who joins a regional 
school unit continues to be eligible to receive minimum state 
allocations if that unit received such allocations prior to the 
reorganization.

13. It permits the Commissioner of Education to authorize so-called 
"doughnut hole" school units that have 1,200 or fewer students and no 
other available reorganization partners to form a regional school unit 
that serves at least 1,000 students if these isolated, rural school 
units meet certain criteria.

Part C of this amendment accomplishes the following.

1. It specifies that, in order for a regional school unit to have an 
operational date of July 1st, a regional school unit must be approved at 
a referendum held on or before November 15th of the preceding year.

2. It provides consistent language across the allocated and unallocated 
provisions in the law to clarify the budget referendum ballot question 
to be placed before the voters at a budget validation referendum vote.

3. It clarifies and amends the budget approval and validation process 
provisions to:

A. Increase the number of days from the legislative body meeting to the 
referendum validation from 10 days to 14 days;

B. Provide that absentee ballots may not be distributed until the day 
after the regional school unit budget meeting;

C. In the event that a regional school unit budget has not been approved 
and validated prior to the start of the fiscal year, authorize 
municipalities to levy taxes based on the most recent school budget 
approved at the regional school unit budget meeting until a budget is 
validated by voters; and

D. Eliminate the need for 2 separate ballot questions for the budget 
validation referendum vote and combine information on 2 votes into one 
document provided with the warrant for the referendum vote.

4. It clarifies the debt liability of the school administrative units 
that are members of a career and technical education region, including 
the disposition of debt incurred for a school construction or renovation 
project at a career and technical education region by the school 
administrative units that are members of the career and technical 
education region.

5. It clarifies the financial responsibility for the preservation of 
school choice in a new regional school unit when a member municipality 
continues to provide tuition for students to attend a school outside of 
the new regional school unit. The provision provides that the member 
municipality is responsible for providing appropriations for any 
additional expense above the sending regional school unit tuition rate 
for students who are educated outside of the regional school unit.

6. It clarifies the rights and obligations of regional school units 
concerning the reassignment of teachers and other employees of the 
regional school unit in the transitional period from the operational 
date of the regional school unit until the completion of negotiations 
for a regional school unit-wide collective bargaining agreement.

7. It changes the deadline by which a referendum must be held to 
November 15, 2008 and changes dates that are linked to the referendum 
date. The current law governing the reorganization of school 
administrative units requires that a referendum be held on a proposed 
reorganization on or before November 4, 2008.

Part D enacts into law provisions regarding reorganization of regional 
school units. The new provisions are similar to the Maine Revised 
Statutes, Title 20-A, former sections 1403, 1405 and 1406 and allow the 
dissolution of regional school units, the withdrawal from a regional 
school unit by a municipality and the transfer by a municipality out of 
one regional school unit into another. The amendment also includes 
provisions that formerly applied in this area of law authorizing the 
State Board of Education to review decisions of the Commissioner of 
Education and to make rules concerning the reorganization of the 
regional school units.