Education Committee Sends LD1932 to Senate

Revised bill removes financial barriers, allows some waivers

January 17, 2008

AUGUSTA – A bill that removes financial and other barriers to school districts trying to reorganize administrative functions is poised for action in the Senate, perhaps as early as Tuesday. The Legislature’s Education Committee, which had voted 10-3 “ought-to-pass” last Friday, reviewed and agreed to the final language of the proposed revisions Wednesday. The legislation had received a favorable vote from the committee last month but was brought back last week for additional discussion and revisions.

Committee members agreed on all of the key elements of the bill but one; the minority report, supported by three committee members, adds a provision to allow for a union-like governance structure, called a “union school association.”

Perhaps the most significant change in the bill would authorize the commissioner of education to grant a waiver to school systems and allow regional school units of as few as 1,000 students under certain circumstances. Currently, RSUs must have 2,500 students unless circumstances such as geography or population density justify an exception and, even in those cases must have at least 1,200 students.

The new waiver provision could allow reorganizations that are not currently permissible in areas such as Machias, East Machias and other central Washington County communities, several communities around Presque Isle; and the geographically-isolated communities around Rangeley and Bethel. Units would still have to submit a plan that meets the applicable requirements in the law and demonstrates the need for a waiver. Committee members said they wanted to allow for these exceptions where they make sense, but not to open the door to widespread applications for waivers in areas where other solutions are possible and should be pursued.

Other changes in LD1932 include:

Local referendum ballot on reorganization plans. The committee voted to remove wording currently required on the referendum ballot that would set forth the financial penalties resulting from a “no” vote. The penalties still exist, but voters will not be informed of those penalties on the ballot. Critics of the penalties language complained the wording could sway voters to vote “yes.” Supporters of keeping the language on the ballot want to be sure voters are aware of the consequences of a “no” vote. Committee members said they expect information about the advantages and disadvantages of reorganization plans will be part of the public hearings held before the referendum vote.
Responsibilities of local school committees. Language in the revised LD1932 clarifies those responsibilities that RSU boards cannot delegate to local school committees and those they can. This was largely in response to the initial reorganization plan submitted by school units on Mount Desert Island which was found by Commissioner Susan Gendron not to comply with the law because it assigned significant financial and other responsibilities to local school committees in a way that was not envisioned in the law. The new language clarifies the respective roles and responsibilities.
Financial barriers. The bill still contains the core provisions agreed to last month that: allow local cost-sharing agreements; retain minimum subsidies for units that reorganize; and eliminate the requirement for school units to raise a minimum of $2 per $1,000 of valuation.
Budget validation referendum. Committee members agreed to give school systems the choice to use the new budget validation referendum process this year or next, with the expectation that most will choose to wait a year. In the case of school administrative districts (SADs) and consolidated school districts (CSDs), the school board may opt to hold a budget validation referendum this year. In the case of municipal school units, the municipal governing body – usually a city or town council or board of selectmen –may opt for the budget validation referendum to be held this year.

The bill also clarifies issues of debt liability and the initial election of RSU board members and makes other minor changes.

Committee members heard from a number of people working in the field last week and were impressed by the sense of urgency expressed regarding passage of the bill. One facilitator who works with regional planning committees noted there is a proposed RSU with a completed plan waiting only for the legislative changes needed to allow the local cost-sharing formula included in their plan. In other areas, planning committees have halted discussions while they wait for the Legislature to act. In still others, units are proceeding, but with uncertainty as to what solutions will be allowed for them locally. By Friday committee members made clear they appreciated the urgency and they wanted to move quickly to finalize the bill and get it to the full Legislature.

“The committee’s action demonstrates a positive response to the barriers identified by the Department and by school units,” Gendron said Thursday. “This bill removes those financial barriers, especially, and others that were significant barriers to units coming together in some places. We fully expect that regional planning committees can now move forward, knowing the bill is headed to the full Legislature.”

Once the revised language goes through the Revisor’s Office for finalization, it will be available under “Reorganization Law” on the Department’s reorganization website: http://www.maine.gov/education/supportingschools .

David Connerty-Marin, Director of Communications, Maine Department of Education 207-624-6880

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Education Committee Sends LD1932 to Senate