Lack of Need Report Requirements for Cities or Towns with Individual Supervision, AOSs, and Unions

The following steps must be taken to close a school in a City or Town with Individual Supervision, an Alternative Organizational Structure (AOS), or a School Union.

Download an Internal Checklist for your use as you proceed.


  1. School Board votes to close school.
  2. Wait 30 days as required by 20-A MRSA §4102 to allow for a written petition by 10% of the number of voters in the school administrative unit who voted at the last gubernatorial election requesting a special referendum. If a petition is received, a special referendum must be held before the school may be closed.
  3. If no petition is received, submit a letter to the Commissioner containing:
    • Date and results of School Board vote to close school
    • Name and location of school to be closed
    • Lack of need report - all required information must be included (see below)
  4. The Commissioner will notify the SAU if the documentation is in compliance with the statute.

Lack of Need Report must be filed with the Commissioner containing the following information:

  1. Projection of the number of students in the affected area over the next 5 school years, including a projection of the educational programs which they will need;
  2. Manner in which the continuation of the educational programs for the affected students will be provided;
  3. Effective date on which the closing will take place;
  4. Projection of additional transportation or other related services;
  5. 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;
  6. Proposed disposition of the school building;
  7. Financial impact of closing the school building;
  8. Statement of reasons why the school building is being closed.

Voter Approval:

Before a school board may close a school building pursuant to "Lack of Need", voter approval shall be obtained as follows:

Elementary or Secondary schools in Cities or Towns with Individual Supervision, Alternative Organizational Structures or Unions may be closed without voter approval, unless the school board is presented with a written petition, within 30 days of the board's decision to close the school, by 10% of the number of voters in the school administrative unit who voted at the last gubernatorial election, then a special referendum shall be called pursuant to Title 21-A and Title 30-A, respectively, for cities and towns.