Lack of Need Report Requirements for RSUs, SADs, and CSDs

Steps to be taken before a school board may close a school building pursuant to "Lack of Need."
School Board Vote

 

  • For Regional School Units (RSUs) only pursuant to Title 20-A MRS §1511 as amended by P.L. 2011 Chapter 171 Subchapter 4: A school operated within the regional school unit may not be closed unless closure of the school is approved at a regular or special meeting of the regional school unit board by an affirmative vote of 2/3 of the elected membership or voting power of the regional school unit board.
Cost Analysis Report
Lack of Need Report
  • Projection of the number of students in the affected area over the next 5 school years,
  • including a projection of the educational programs that they will need.
  • Manner in which the continuation of the educational programs for the affected students will be provided.
  • Effective date on which the closing will take place.
  • Projection of additional transportation or other related services.
  • Existence of any other outstanding financial commitments, including debt service, related to the school building, along with a retirement schedule of payments to meet the commitments.
  • Proposed disposition of the school building.
  • Financial impact of closing the school building.
  • Statement of reasons why the school building is being closed.
  • Lack of Need Report Template - March 4, 2026
Submission of Reports and Public Comment Period
  • General Directions for Submitting Cost Analysis and Lack of Need Report
  • The 10-day comment period begins the day the Town Office(s) receive the Cost Analysis Reports and Lack of Need Report from the school unit.
  • Comments regarding the Cost Analyst Report should be directed through the Town Office(s) and sent collectively to the Commissioner before the comment period deadline.
  • Cover Sheet for Municipality Comments
  • The Commissioner will notify the SAU if the documentation is in compliance with the statute.
  • The Commissioner must respond within 20 days of receipt of the data OR 10 days after the comment deadline. 
  • Referendum vote may not be held until the Commissioner has responded with notification that the documentation is in compliance.
Referendum Vote
  • The vote must be conducted only within the municipality where the school is located, and any municipality in the SAU that sends the majority of its grade-appropriate students to the school member municipality, pursuant to department rule
  • The costs of the election are borne by the regional school unit.  
  • If the voters vote by a majority vote to keep the school open, the member municipality is liable for some additional expense for actual local operating costs and transportation operating costs as defined in Title 20-A MRS §15672. The determination of costs is subject to the approval of the commissioner.
    • The cost to be borne by the municipality voting to keep a school open is the amount that would be saved if the school were closed. Any additional costs that must be borne by the member municipality must be part of the article presented to the voters at the meeting to determine whether the school should remain open.  
  • The article to be used shall be substantially in the following form:


"Article: Do you favor authorizing the board of directors of (name of regional school unit) to close ............................................. (name of school)?

Yes No

The additional cost of keeping the school open has been estimated by the regional school unit board to be $ ........."


  • During any year after the year during which a school remains open contrary to the regional school unit board's vote to close that school as a result of a municipal referendum, the school will be open without any additional cost to the municipality except:
    • If the regional school unit board again votes to close the school and the voters of the member municipality again vote to keep the school open, as described in this subsection, then the school will remain open, and the member municipality will be obligated to pay the additional costs as described in Title 20-A MRS §1512 subsection 2.  
    • If the regional school unit board again votes to close the school and the voters of the member municipality fail to vote to keep the school open, then the school is closed. In this event, the school may be reopened only if the regional school unit board votes to reopen the school.