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Getting Restarted: Resources for RPCs and School Systems Working to Reorganize
With the passage of LD 2323 by the Legislature last month, reorganization planning committees that understandably slowed down their activities can re-start their work. While we are all sorting out the full implications of the changes to the law, much that was uncertain is now clear.
In short, the law will make it possible for many units that needed the financial fixes to move forward. Similarly, some rural isolated regions with more than 1,000 students but less than the minimum 1,200 are now eligible to pursue reorganization on a slightly smaller scale. And some units may opt to propose an “alternative organizational structure” under the provisions of LD 2323.
There are numerous resources available to Reorganization Planning Committees (RPCs) as they continue, or start for the first time, their work. Information on all of these resources can be found on the Department’s reorganization website, where we have been updating the site regularly, especially in the past week since the passage of LD 2323.
A great place to start is on the Planning and Resources page. For those just starting out, the Planning side includes information about how to form an RPC, how to get miscellaneous funds for the RPC work, how to get a Department-paid facilitator to help with the process, and reimbursement for legal costs.
On the Resources side of the page, you will find continually updated resources such as models for system administration, suggestions on how to achieve savings in other areas, and on how to design a cost-sharing agreement that works for your communities. There is also information on how to get a facilities analysis done for your districts, paid for by the Department.
Our Reorganization Management Team continues to be available to superintendents, RPC members and others working to implement the reorganization law who need assistance. The team includes our lead consultants Ray Poulin and Norm Higgins, both former superintendents, with a breadth of experience at all levels of the educational system; Melissa Padgett, Administrative Assistant; Jennifer Pooler, Coordinator; Jim Rier, Director of School Finance; Suzan Beaudoin and Karla Miller, who work with Jim in School Finance; David Connerty-Marin, Director of Communications; Greg Scott, Legislative Liaison; and Susan Corrente, Legal Counsel.
Please call 624-6802 and Melissa or Jennifer will be able to help you, or direct you to someone who can.
New on the Reorganization Website
As a result of changes to the reorganization law found in LD 2323, passed by the Legislature on April 18, the Department has worked quickly to revise the reorganization website to reflect changes to the law. We have taken down several of the questions and answers and will move quickly to post new ones relevant to the changes. A new summary of the law will appear this week. We have added new resources on the Planning and Resources page and rearranged the page to make it easier to find what you need.
Question: Are SADs and CSDs supposed to prepare budgets this year with six or 11 cost centers? And how many days between the budget meeting and the referendum on the budget – 3 business days or 14 calendar days? And what is the budget process for municipal units?
Answer: LD 2323, passed by the Legislature on April 18, includes clarifications to both of these, but also does not go into effect until July 18, leaving some districts questioning still how to proceed. See Administrative Letter #38 sent this week in answer to these questions about the budget validation process for this year.
Question: Can towns now own their own school buildings even if they join an RSU?
Answer: Yes, and they could under the original version of the law, too. However, LD 2323 clarifies and strengthens the language so there is no longer any confusion. If a municipality is going to continue to retain ownership of its school buildings, however, the RSU reorganization plan needs to clearly identify a plan for maintenance and upkeep of the building.
More Questions and Answers.
What are “alternative organizational structures”?
Public Law 2007, Chapter 668 was enacted by passage of LD 2323, An Act to Remove Barriers to the Reorganization of School Administrative Units, on April 18, 2008 and signed by the Governor that same day. The law allows reorganization planning committees to file a notice of intent to form an alternative organizational structure instead of a regional school unit, and establishes criteria for the formation of an alternative organizational structure.
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An alternative organizational structure (AOS) requires communities to function as a single school system with a single budget, a single subsidy check, and a core curriculum and procedures for standardized testing and assessment. An AOS files reports with the state as a single unit and must adopt consistent (but separate, if desired) collective bargaining agreements, school policies and school calendars.
The plan for an AOS must also include an interlocal agreement in accordance with Title 30-A MRSA, Chapter 115, and a plan for presenting, approving, and validating the annual school budget that ensures K-12 budget transparency for its members and their voters. The law requires a plan to achieve that goal; it does not specify the details of how it must be achieved.
This is far different from the loose affiliation of independent school administrative units that exists in school unions; as of July 1, 2009, unions are no longer allowed under the law. The law does not describe a particular kind of structure or structures in the section allowing for alternative organizational structures. Rather it delineates the goals that must be accomplished in whatever structure is proposed. While the final structure that is approved may have some characteristics of a school union, it will function as a single unit, with expanded local control within the unit. LD 499 passed in June 2007 eliminated union structures as of July 1, 2009, and LD 2323 does not bring them back.
The language on alternative organizational structures provides the opportunity to present and have a reorganization plan for an AOS approved, following review of each individual plan. Alternative organizational structures still require submission of a reorganization plan, meaning they must meet not only the requirements of an alternative organizational structure, but also those of a reorganization plan (PL 2007, Chapter 240, Part XXXX, Sec. 36(2)(C)).
Exactly how applicants will build an alternative organizational plan is not specified in the new law so creativity will be the order of the day and that creativity must be focused on student opportunity and achievement and the means to efficiently deliver services in a sustainable way.
It is also important to remember that the alternative organizational structures are treated as one unit for the purpose of calculating allocations for Essential Programs and Services (EPS), state subsidy, and required state and federal reporting - in the very same manner as with regional school units. Alternative organizational structure reorganization plans, including their interlocal agreements must reflect this integrated approach.
Read additional information on LD 2323. (April 18 update)
Budget Validation Referendum Guidelines for SADs and CSDs and Charter Municipalities
Because of technical errors in the original reorganization law, and changes to the law passed April 18 that won’t go into effect until July 18, there has been some confusion over the process that SADs and CSDs should follow for this year’s budget process. In addition, changes to the law affect charter municipalities as well.
Read Administrative Letter #38 with guidance on this issue sent to superintendents earlier this week.
After the Plan: Transition Costs and RSU Development
By Gerald (Jake) Clockedile, reorganization facilitator and former school superintendent and business manager
Once the RPC has completed the plan and the voters have cast their ballots in favor of consolidating into the new Regional School Unit, there will be much to be accomplished. If an awakening has not already begun with regard to the work that will occur “after the plan”, perhaps this brief synopsis will stimulate thinking about the legal and tactical issues that need to be addressed.
Between the vote on the plan and July1, 2009 there is a lot to be accomplished. Thus, the date of the vote is a very important consideration. The later the vote, the more difficult it will be for the newly elected RSU Board of Directors to accomplish all of the tasks that will be placed before them. Even the existing school boards will have some important decisions to make that will require serious thought and time to complete.
The very first task to be accomplished is a joint meeting of all of the school boards that make up the newly formed RSU. Within 30 days of certification of the RSU as a unit by the State Board of Education, there must be a joint meeting of the school boards from the existing school systems. At that meeting, the “joint boards” must employ an interim secretary for the RSU and establish the date for the election of the RSU board of directors.
Once appointed, the interim secretary has a number of duties to perform in preparation for and implementation of the election process. Included in those duties are notification of municipal authorities of the date of the election, providing nomination papers, receiving the nomination papers, working with town clerks managing the election and reporting results to the candidates, the town clerks and the State Board of Education.
Following the election, the real work begins for the RSU Board of Directors and the professional and support staff members that are currently in the existing units, or staff members that are to be employed by the RSU Board. Included in those tasks are advertising for and selecting a superintendent of schools. One consideration may be the appointment of an interim superintendent for the period of time from the election to the start date of the RSU. Decisions will need to be made with regard to office space, access to technology, work assignments, if existing staff is used and many more intricate details. What will the status be for vacancies that occur in any of the schools late in the spring, but before the new RSU actually begins its work? How will costs be assigned or shared by the units in the RSU between the elections and July 1? What kind of provisions need to be made regarding liability insurance for the existing school systems and the newly formed regional unit?
The above issues and many more will need to be addressed carefully and thoughtfully by the existing school boards and administrative staff members. Throughout the transition period from the plan acceptance to the incorporation of the new unit a key concern is to ensure that the people who work in the schools are not harmed in any way. Employee records need to handled with care and steps must be taken to be sure that no important information is lost in the transition. It seems almost certain that there will need to be a concerted effort by existing staff to get work done in preparation for the opening of the new RSU. At the very least, lead people will need to be identified who will keep the process from election to incorporation moving forward.
This article provides a broad overview of some of the issues that will need to be considered in the process after the vote on the plan. In future editions, we will explore in more detail some of the specific areas which will require solid decision making and effort by staff if the transition from several individual school units to one RSU is to be successful on Day One.
Jake Clockedile has been working with a subgroup of the Department of Education facilitators (mostly former superintendents) to develop guidance for school systems on financial issues including transition, cost-sharing and efficiencies. He can be reached by email: ggclock@gwi.net.
Technology Tip No. 1: Financial
By Allen Curtis, reorganization facilitator, technology director in MSAD 49
First in a series
As you move toward reorganization, financial/human resource software will be a major consideration. This Technology Tip is presented to you as a tool to help you move through the selection and/or adaptation of the software need to provide these services. As you determine the software you will need to meet your staff and student need we suggest you develop a plan including, current software, its limitations and benefits, and select a replacement. Doing a thorough job in the first area recommended will set the stage for this entire process.
Allen Curtis and a group of school technology directors worked recently to develop a technology guidance document for reorganizing school systems. He can be reached at 207-685-9084 or by email: monsoncamp@aol.com.
Since we changed the format of the Reorganization Updates four issues ago, we have changed focus to implementation – moving forward with reorganization. In case you missed them, we’ve run several articles written by superintendents and facilitators from the field on helpful topics. Here’s a quick snapshot:
March 24Reorganization Team Contacts
Melissa Padgett, Administrative Assistant
Jennifer Pooler, Coordinator
Ray Poulin, Project Manager
Norm Higgins, Project Manager
All four can be reached at 207-624-6802
Jim Rier, Director of School Finance,
207-624-6794
David Connerty-Marin, Director of Communications ,
207-624-6880