LR #: 349001 Education Committee Bill “A”
Sponsor: EDU Cmte Pursuant to Law
Drafted by: PDM Note: Italicized text is included for “context”
Date: 2/8/08
File Name: G:\COMMITTEES\EDU\BILLDRFT\123rd2nd\349001.doc (2/8/2008 3:21 PM)
Title: An Act To Clarify and Improve the Laws Governing the Formation of Regional School Units
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 20-A MRSA §1, sub-§26 is amended to read:
26. School
administrative unit. “School
administrative unit” means the state-approved unit of school administration and
includes a municipal school unit, school administrative district, community
school district, regional school unit or any other municipal or quasi-municipal
corporation responsible for operating or constructing public schools, except
that it does not include a career and technical education region. Beginning
July 1, 2009, “school administrative unit” means the state-approved unit of
school administration and includes only a municipal school unit and a regional school unit formed
pursuant to chapter 103-A or a school administrative district that
does not provide public education for the entire span of kindergarten to grade
12 and a community school district that has not reorganized as a regional
school unit pursuant to chapter 103-A.
Sec. 2. 20-A MRSA §1461, sub-§5 is amended to read:
5. Referendum on reorganization plan. The municipal officers of each municipality in a proposed reorganized school administrative unit shall place a warrant article substantially as follows on the ballot of a municipal referendum conducted in accordance with the referendum procedures applicable to the school administrative unit of which the municipality is a member.
"Article: Do you favor approving the school administrative reorganization plan prepared by the (insert name) Reorganization Planning Committee to reorganize (insert names of affected school administrative units) into a regional school unit, with an effective date of (insert date)?
Yes No"
The following statement must accompany the article:
"Explanation:
A "YES" vote means
that you approve of the (municipality or school administrative unit) joining
the proposed regional school unit. The financial penalties under the Maine
Revised Statutes, Title 20-A, section 15696 to the existing school
administrative units will no longer apply to the proposed regional school
unit."
Sec. 3. 20-A MRSA §1464, sub-§4 is enacted to read:
4. Application of collective bargaining agreements. On or after the operational date of a regional school unit but before the completion of negotiations for a single regional school unit-wide collective bargaining agreement for the regional school unit-wide bargaining unit as described in section 1464, subsection 3, the wages, hours and working conditions of an employee of the regional school unit who is in a bargaining unit and who is reassigned to a different position that is or, upon the completion of the merger of bargaining units, will be included in the same regional school unit-wide bargaining unit will be determined by the terms of the existing collective bargaining agreement that applies to the position to which the employee is reassigned, except as modified by this section.
A. If the application of said collective bargaining agreement would cause a reduction in the employee’s wage or salary rate, the employee’s wage or salary rate shall be maintained at the rate the employee was paid immediately prior to the reassignment, until the completion of negotiations for a single regional school unit-wide collective bargaining agreement for the regional school unit-wide bargaining unit as described in section 1464, subsection 3, or the applicable collective bargaining agreement or any interim successor agreement requires a higher wage or salary rate for the employee, whichever occurs sooner.
B. If the application of said collective bargaining agreement would cause a reduction in the amount that is paid by the regional school unit for premiums for health insurance for the employee and the employee’s dependents, the regional school unit’s payment shall be maintained at the amount that was paid immediately prior to the reassignment, until the completion of negotiations for a single regional school unit-wide collective bargaining agreement for the regional school unit-wide bargaining unit as described in section 1464, subsection 3, or the applicable collective bargaining agreement or any interim successor agreement requires a higher payment, whichever occurs sooner.
C. If the application of said collective bargaining agreement provides for coverage under a different health insurance plan, the employee may elect to retain coverage under the health insurance plan in which the employee was enrolled immediately prior to reassignment if the eligibility provisions of the plan permit, until the completion of negotiations for a single regional school unit-wide collective bargaining agreement for the regional school unit-wide bargaining unit as described in section 1464, subsection 3.
Sec. 4. 20-A MRSA §1479, sub-§§3-5 are amended to read:
§1479. Program
A regional school unit shall maintain a program that includes kindergarten to grade 12.
1. Secondary school. A secondary school facility may be operated as a 4-year school, as a 6-year school for grades 7 to 12 or as 2 or more 3-year schools, except that students living in an area remote from a public school may be provided for under section 5204.
2. Contracts for secondary school programs. In addition to the provisions for a secondary school facility set forth in subsection 1, a regional school unit may contract with a nearby regional school unit or with a private school approved for tuition purposes for all or some of its secondary school students. The contract may run from a period of 2 to 10 years. The contract must also comply with section 2703 and may provide for the formation of a joint committee in accordance with section 2704. A regional school unit in which a previous education unit has contracted for secondary school programs is bound by the terms of that contract, unless otherwise negotiated by the parties.
3. Expiration of contract. After July 1, 2008, if a contract between a previous education unit and another previous education unit or a private school approved for tuition purposes expires, and the previous education unit that was the sending unit is a member of a regional school unit under this chapter, the provisions of this subsection apply.
A. If the option of attending a public school in another school administrative unit or a private school approved for tuition purposes subject to chapter 219 was available to students in the previous education unit, that option continues to be available to students who reside in the municipalities that composed the previous education unit after the municipality's inclusion in the regional school unit.
B. The regional school unit may
negotiate the a new contract pursuant to chapter 115.
4. Absence of contract;
maintenance of school choice opportunities. A school administrative unit
that neither maintains a school nor contracts for school privileges pursuant to
chapter 115 shall continue to pay tuition, in accordance with chapter 219, at
the public school or the approved private school of the parent’s choice at
which the student is accepted, calculated in accordance with subsection 5. A
student who resides in a school administrative unit that does not maintain that
student's grade from kindergarten to grade 12, and that does not enter into a
contract for the education of its students pursuant to this chapter, has the
option of attending a public school in another school administrative unit or
private school approved for tuition purposes subject to the provisions of
chapter 219 if that option was available from the previous school unit for the
area in which that student resides.
5. Additional expense. In
a regional school unit where some but not all of the students are attending
school pursuant to this section, the sending municipality is responsible for
the additional expense as calculated in accordance with this subsection. If,
pursuant to subsection 4, a student attends a public school in another school
administrative unit or private school approved for tuition purposes subject to
the provisions of chapter 219, and the number of secondary school students from
one or more municipalities in a regional school unit that attend a public
school in a different school administrative unit or an approved private school
is less than all the secondary school students in the regional school unit, the
sending municipality of the regional school unit is responsible for the
additional expense calculated under this subsection.
A. For each secondary school
student who attends a public school in another school administrative unit, the
sending municipality in a regional school unit is responsible for an
amount equal to the difference in tuition in cases where it the
number of secondary school students from that regional school unit multiplied
by the amount that the receiving regional school unit’s tuition rate pursuant
to section 5805 exceeds the amount of the sending regional school
unit’s tuition rate calculated in accordance with pursuant to
section 5805.
B. For each secondary school student
who attends a private school approved for tuition purposes subject to the
provisions of chapter 219, the sending municipality in a regional school
unit is responsible for an amount equal to the difference in tuition in
cases where it the number of secondary school students from the regional
school unit attending the private school multiplied by the amount that the
private school’s tuition rate pursuant to section 5806, or the tuition rate per
the contract, if less, exceeds the amount of the sending regional school
unit’s tuition rate calculated in accordance with pursuant to
section 5805.
Municipalities exercising school choice pursuant to this section
shall be responsible for a local contribution in accordance with section 15688
and the Any additional expense calculated in accordance with this
subsection may not be included in the regional school unit budget when
determining each member municipality's local contribution.
Any additional expense must be paid by the responsible
municipality in equal monthly amounts unless the regional school unit and the
member municipality agree to another payment schedule.
Sec. 5. 20-A MRSA §1486, sub-§§2-3 are amended to read:
§1486. Budget validation referendum
After January 31, 2008, the procedure for approval of the annual budget of a regional school unit must be in accordance with this section and section 1485.
1. Budget validation. Following development of the annual regional school unit budget and approval at a regional school unit budget meeting as provided in section 1485, a referendum must be held in the regional school unit as provided in this section to allow the voters to validate or reject the total budget adopted at the regional school unit budget meeting.
Every 3 years, the voters in a regional school unit shall consider continued use of the budget validation referendum process. The warrant at the budget validation referendum in the 3rd year following adoption or continuation of the referendum process must include an article by which the voters of the school administrative district may indicate whether they wish to continue the process for another 3 years. A vote to continue retains the process for 3 additional years. A vote to discontinue the process ends its use beginning with the following budget year and prohibits its reconsideration for at least 3 years.
2. Validation referendum
procedures. The budget validation referendum must be held on or before the
10th 14th calendar day, other than Saturday, Sunday or a legal
holiday, following the scheduled date of the regional school unit budget
meeting. The vote at referendum is for the purpose of approving or rejecting
the total regional school unit budget approved at the regional school unit
budget meeting. The regional school unit board shall provide printed
information to be displayed at polling places to assist voters in voting. That
information is limited to the total amounts proposed by the regional school
unit board for each cost center summary budget category article, the amount
approved at the regional school unit budget meeting, a summary of the total
authorized expenditures and, if applicable because of action on an article
under section 15690, subsection 3, paragraph A, a statement that the amount
approved at the regional school unit budget meeting includes locally raised
funds that exceed the maximum state and local spending target pursuant to
section 15671-A, subsection 5 over and above the regional school unit's
local contribution to the total cost of funding public education from kindergarten
to grade 12 as described in the Essential Programs and Services Funding Act.
3. Budget validation referendum voting. The method of calling and voting at a budget validation referendum is as provided in sections 1503 and 1504, except as otherwise provided in this subsection or as is inconsistent with other requirements of this section.
A. A public hearing is not required before the vote.
B. The warrant for a regional school unit budget meeting to be followed by a budget validation referendum may be a consolidated warrant covering both.
C. The warrant and absentee
ballots must be delivered to the municipal clerk at least 7 days before the
date no later than the day after the date of the regional school
unit budget meeting.
D. Absentee ballots received by the municipal clerk may not be processed or counted unless received the day after the conclusion of the regional school unit budget meeting and before the close of the polls.
E. All envelopes containing absentee ballots received before the day after the conclusion of the regional school unit budget meeting or after the close of the polls must be marked "rejected" by the municipal clerk.
F. If the school budget does
not exceed the maximum state and local spending target pursuant to section
15671-A, subsection 5, the The article to be voted on must be in the
following form:
(1) "Do you favor approving the (name of regional school unit) budget for the upcoming school year that was adopted at the latest regional school unit budget meeting?
Yes No"
G. If the school budget exceeds
the maximum state and local spending target pursuant to section 15671-A,
subsection 5, the article to be voted on for a budget that includes locally
raised funds over and above the regional school unit's local contribution to
the total cost of funding public education from kindergarten to grade 12 as
described in the Essential Programs and Services Funding Act must be in the
following form:
(1) "Do you favor
approving the (name of regional school unit) budget for the upcoming school
year that was adopted at the latest regional school unit budget meeting and
that includes locally raised funds that exceed the required local contribution
as described in the Essential Programs and Services Funding Act?
Yes
No
A YES vote allows additional
funds to be raised for K-12 public education.
A NO vote means additional
funds cannot be raised for K-12 public education."
4. Failure to approve budget. If the voters do not validate the budget approved in the regional school unit budget meeting at the budget validation referendum vote, the regional school unit board shall hold another regional school unit budget meeting in accordance with this section and section 1485 at least 10 days after the referendum to vote on a budget approved by the regional school unit board. The budget approved at the regional school unit budget meeting must be submitted to the voters for validation at referendum in accordance with this section. The process must be repeated until a budget is approved at a regional school unit budget meeting and validated at referendum. If a budget is not approved and validated before July 1st of each year, section 1487 applies.
Sec. 6. 20-A MRSA §1487 is amended to read:
§1487. Failure to pass budget
If a budget for the operation of a regional school unit is not approved prior to July 1st, the latest budget as submitted by the regional school unit board is automatically considered the budget for operational expenses for the ensuing year until a final budget is approved, except that, when the regional school unit board delays the regional school unit budget meeting, the operating budget must be approved within 30 days of the date the commissioner notifies the regional school unit board of the amount allocated to the regional school unit under section 15689-B, or the latest budget submitted by the regional school unit board becomes the operating budget for the next school year until a budget is approved at a regional school unit budget meeting and validated at referendum. If a regional school unit budget is not approved and validated before July 1st, the assessors of each member municipality shall use the latest budget submitted by the regional school unit board to carry out the regional school unit assessment procedures as the set forth in section 1489.
§1488. Special budget meeting
The regional school unit board may call a special budget meeting when it declares that an emergency exists. The voters of the regional school unit may authorize the regional school unit board at a special regional school unit budget meeting to expend additional funds from the regional school unit's undesignated fund balance or to pledge the credit of the regional school unit to obtain additional money for the operation of schools. A special budget meeting held on or after July 1, 2008 must be conducted in accordance with sections 1485 and 1486.
§1489. Regional school unit assessments
Regional school unit assessments must follow the procedures set out in this section.
1. Warrant. In accordance with the budget approved by the voters at an annual budget meeting and in substantially the same form as the warrant of the Treasurer of State for taxes, the regional school unit board shall issue its warrants to the assessors of each member municipality requiring them to assess upon the taxable estates within the municipality an amount that is that municipality's share of the regional school unit's costs.
2. Commitment. The municipal assessors shall commit the assessment to the constable or collector. Constables and collectors have the authority and powers to collect the regional school unit's taxes as is vested in them by law to collect state, county and municipal taxes.
Sec. 7. 20-A MRSA §1506, sub-§ 1 is amended to read:
§ 1506. Debt liability
1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
A.
”Existing debt” means any bond, note, loan agreement, lease-purchase agreement
or other debt instrument issued prior to July 1, 2008 for the purposes of
funding public schools, and career and
technical education regions, or for
refinancing such debt, that remains outstanding at the time of a reorganization
pursuant to this chapter. “Existing debt” does not include routine payables or
commercial contract obligations.
B. ”Original education unit” means:
(1) A
previous education unit that has existing debt; or
(2) A
municipality that has existing debt incurred on behalf of a previous education
unit. ; or
(3) A previous education unit within a career and technical education region as defined by section 8301-A, subsection 6 that has existing debt.
C. ”New unit” means a regional school unit created or established pursuant to this chapter.
Sec. 8. PL 2007, c. 240, Sec. XXXX-36, sub-§8 is amended to read:
8. Referendum on reorganization
plan. The municipal officers of each municipality in a proposed reorganized
school administrative unit shall place a warrant article substantially as
follows on the ballot of a municipal referendum conducted in accordance with
the referendum procedures applicable to the school administrative unit of which
the municipality is a member. A referendum must be held on or before January
15, 2008 for a reorganization plan that was submitted by December 15, 2007 and
that the Commissioner of Education found meets the requirements of this Part. A
referendum must may be held on June 10, 2008 or at a
subsequent referendum on or before January 16, 2009 for any plan received
or revised after December 15, 2007 and subsequently found by the Commissioner
of Education to meet the requirements of this Part.
"Article: Do you favor approving the school administrative reorganization plan prepared by the (insert name) Reorganization Planning Committee to reorganize (insert names of affected school administrative units) into a regional school unit, with an effective date of ____________?
Yes/No"
The following statement must accompany the article:
"Explanation:
A "YES" vote means
that you approve of the (municipality or school administrative unit) joining
the proposed regional school unit, which will be provided with the following
incentives:
More favorable consideration in
approval and funding of school construction projects; and
Eligibility for additional
financial support for reorganization costs.
A "NO" vote means that
you do not approve of the (municipality or school administrative unit) joining
a regional school unit, which will result in the existing (municipality or
school administrative unit) receiving the following penalties:
Less favorable consideration in
approval and funding of school construction projects; and
A reduction in state funding of
education costs in an amount estimated to be $_______ for school year 200_ and
$______ for school year 200_, with the possibility of ongoing penalties for
continued failure to join an approved regional school unit. Reductions in state
education funding will likely result in an increased mill rate expectation to
meet the local share of education costs."
The Department of Education shall pay the cost of a
referendum conducted before or on January 15, 2008 January 16, 2009.
Sec. 9. PL 2007, c. 240, Pt. XXXX, §36, sub-§11 is amended to read:
11.
Result of disapproval at January 2008 referendum. A school
administrative unit that rejects a proposed reorganization plan at the January
15, 2008 referendum or at a subsequent referendum on or before November 4,
2008 January 16, 2009 may restart the process to form a regional
school unit with the same or other school administrative units and may seek
assistance from the Department of Education to prepare another reorganization
plan.
A. Subsequent reorganization plans must meet the same requirements as for reorganization plans filed prior to the January 2008 referendum, except that the timelines are adjusted to reflect a July 1, 2009 reorganization date.
B. The penalties set forth in
Title 20-A, section 15696 apply to any school administrative unit that fails to
approve a reorganization plan on or before November 4, 2008 January
16, 2009 and to implement that plan by July 1, 2009.
Sec. 10. PL 2007, c. 240, Pt. XXXX, §36, sub-§12 is amended to read:
12.
Reformulation of SAD as RSU. Not later than December 1, 2008
February 15, 2009, the Commissioner of Education shall notify any school
administrative district that has not voted to form a regional school unit on or
before November 4, 2008 January 16, 2009 that the school
administrative district must be recreated as a regional school unit under Title
20-A, chapter 103-A, effective July 1, 2009. Notwithstanding any other
provision of law, a school administrative district may be changed to a regional
school unit upon notice to the State Board of Education without dissolving the
school administrative district.
Sec. 11. PL 2007, c. 240, Pt. XXXX, §42, first ¶ is amended to read:
Sec.
XXXX-42. Transfer of property and assets; regional school units approved after
January 15, 2008. This section applies to a regional school unit
that is approved after January 15, 2008 and before November 5, 2008 January
16, 2009.
Sec. 12. PL 2007, c. 240, Pt. XXXX, §43 is amended to read:
Sec. XXXX-43. Operational date and transfer of authority.
1. Operational date. A regional school unit board of directors becomes operational on the date set by the State Board of Education as provided in the Maine Revised Statutes, Title 20-A, chapter 103-A.
2. Transfer of governing authority; regional school units approved prior to January 16, 2008. This subsection applies to regional school units approved prior to January 16, 2008. The regional school unit board of directors, on the date established in subsection 1, shall assume responsibility for the management and control of the public schools and programs within the school administrative units in existence prior to July 1, 2008 that are within the regional school unit. Those school administrative units in existence prior to July 1, 2008, on the date established in subsection 1, have no further responsibility for the operation or control of the public schools and programs within the school administrative unit except those pursuant to section 1481.
3.
Transfer of governing authority; regional school units approved after January
15, 2008. This subsection applies to regional school units approved
after January 15, 2008 and before November 5, 2008 January 16, 2009.
The regional school unit board of directors, on the date established in
subsection 1, shall assume responsibility for the management and control of the
public schools and programs within the school administrative units in existence
prior to July 1, 2009 that are within the regional school unit. Those school
administrative units in existence prior to July 1, 2009, on the date
established in subsection 1, have no further responsibility for the operation
or control of the public schools and programs within the school administrative
unit except those pursuant to section 1481.
4. Transfer of school accounts. Notwithstanding Title 20-A, section 15004 or any charter of a municipal school unit, school administrative district or community school district, the balance remaining in the school accounts of the former municipal school unit, school administrative district or community school district within the regional school unit must be paid to the treasurer of the regional school unit and verified through the annual audit process pursuant to Title 20-A, chapter 221, subchapter 2. The balance from each of the former municipal school unit, school administrative district or community school district must be used to reduce that unit's or district's local contribution to the regional school unit. Payment may be made in equal monthly installments during the implementation year.
5.
Transfer of teachers and employees. Except as limited by paragraph
A, for regional school units approved prior to January 16, 2008, all teachers
and school employees who are employed by a participating school administrative
unit on June 30, 2008 must be transferred to and employed by the regional
school unit as of July 1, 2008. Except as limited by paragraph A, for regional
school units approved after January 15, 2008 and before November 5, 2008
January 16, 2009, all teachers and school employees who are employed by
participating school administrative units on June 30, 2009 must be transferred
and employed by the regional school unit as of July 1, 2009. Except as limited
by paragraph B, the regional school unit shall assume all of the legal
obligations and duties that the participating school administrative units owed
to their employees, including but not limited to those obligations and duties
arising under federal law, state law, collective bargaining agreements and
individual employment contracts. It is the intent of this Part to neither
decrease nor increase the rights and benefits of transferred employees or the
employer. The regional school unit shall also maintain and honor any
agreements, contracts or policies regarding the rights and benefits of retirees
and former employees created by a participating school administrative unit that
is dissolved as a result of its inclusion within a regional school unit.
A. For regional school units
approved prior to January 16, 2008, teachers or other employees whose
employment terminates by application of law or contract or by action of a
participating school administrative unit before July 1, 2008 may not be
transferred. For regional school units approved after January 15, 2008 and
before November 5, 2008 January 16, 2009, teachers or other employees
whose employment terminates by application of law or contract or by action of a
participating school administrative unit before July 1, 2009 may not be
transferred.
B. Teachers and other employees who are transferred to the regional school unit prior to the completion of the applicable probationary period for their position have the length of their probationary period calculated from the date of their most recent date of employment by the participating school administrative unit.
6. Collective bargaining. The following provisions apply:
A. On July 1, 2008 for regional
school units approved prior to January 16, 2008 and on July 1, 2009 for
regional school units approved after January 15, 2008 and before November 5,
2008 January 16, 2009, the regional school unit board of directors
shall assume all of the obligations, duties, liabilities and rights of the
participating school administrative units for all purposes under Title 26,
chapter 9-A. The regional school unit is considered a single employer.
Notwithstanding any other provision of law, the responsibilities of the
regional school unit include:
(1) Continued recognition of all bargaining agents that represented any bargaining units of employees who were employed by a participating school administrative unit, pending completion of merger proceedings described in this section;
(2) Assumption and continued observance of all collective bargaining agreements between such bargaining agents and a participating school administrative unit, which agreements continue in effect for the remainder of their unexpired term unless the bargaining agent and regional school unit mutually agree otherwise; and
(3) Collective bargaining for an initial or successor collective bargaining agreement in any bargaining unit in which a collective bargaining agreement is not in effect on the operational date and for any interim agreement that may be required to align expiration dates in a regional school unit-wide bargaining unit, as described in this subsection.
B. As early as possible but no
later than August 31, 2011 for regional school units approved prior to January
15, 2008 and no later than August 31, 2012 for regional school units approved
after January 15, 2008 and before November 2, 2008 January 16, 2009,
all bargaining units must be structured on a regional school unit-wide basis.
Bargaining units that existed in the participating school administrative units
shall merge in accordance with the procedures and criteria in this section.
Merger into regional school unit-wide bargaining units is not subject to
approval or disapproval of employees.
(1) Merger into regional school unit-wide bargaining units must be completed according to the schedule contained in this subsection, and no later than the latest expiration date of any collective bargaining agreement that was in effect on the operational date, which covered any employees in the merged unit.
(2) There must be one unit of teachers and, to the extent they are currently included in bargaining units, other certified professional employees, excluding principals and other administrators.
(3) Any additional bargaining units in a regional school unit must be structured as follows:
(a) In the initial establishment of such units, units must be structured primarily on the basis of the existing pattern of organization, maintaining the grouping of employee classifications into bargaining units that existed prior to the creation of the regional school unit and avoiding conflicts among different bargaining agents to the extent possible.
(b) In the event of a dispute regarding the classifications to be included within a regional school unit-wide bargaining unit, the current bargaining agent or agents or the regional school unit may petition the Maine Labor Relations Board to determine the appropriate unit in accordance with this section and Title 26, section 966, subsections 1 and 2.
(4) When there is the same bargaining agent in all bargaining units that will be merged into a regional school unit-wide bargaining unit, the units must be merged as of the operational date, and the regional school unit shall recognize the bargaining agent as the representative of the merged unit.
(5) When all bargaining units that will be merged into a regional school unit-wide bargaining unit are represented by separate local affiliates of the same state labor organization, the units must be merged as of the operational date. The identity of the single affiliate that will be designated the bargaining agent for the merged unit must be selected by the existing bargaining agents and the state labor organization. Upon completion of the merger and designation of the bargaining agent and notification by the state organization to the regional school unit, the regional school unit shall recognize the designated bargaining agent as the representative of employees in the merged unit. If necessary, the parties will then execute a written amendment to any collective bargaining agreement then in effect to change the name of the bargaining agent to reflect the merger.
(6) Where there are bargaining units that will be merged into a regional school unit-wide bargaining unit in which there are employees who are not represented by any bargaining agent and other employees who are represented either by the same bargaining agent or separate local affiliates of the same state labor organization, the units must be merged as of the operational date as long as a majority of employees who compose the merged unit were represented by the bargaining agent prior to the merger. The procedures for merger of separate local affiliates of the same state labor organization described in subparagraph (5) must be followed if applicable. If prior to the merger a bargaining agent did not represent a majority of employees who compose the merged unit, a bargaining agent election must be conducted by the Maine Labor Relations Board pursuant to subparagraph (8).
(7) When there are unexpired collective bargaining agreements with different expiration dates in the merged bargaining units described in subparagraphs (4), (5) and (6), all contracts must be honored to their expiration dates unless mutually agreed to otherwise by the public employer and the bargaining agent. Collective bargaining agreements must be bargained on an interim basis in any merged bargaining unit so that all collective bargaining agreements expire on the same date.
(8) When bargaining units with different bargaining agents must be merged into a single regional school unit-wide bargaining unit pursuant to this subsection, the bargaining agent of the merged bargaining unit must be selected in accordance with Title 26, section 967, except as modified in this subparagraph.
(a) A petition for an election to determine the bargaining agent must be filed with the Maine Labor Relations Board by any of the current bargaining agents or the regional school unit.
(b) The petition must be filed not more than 90 days prior to the expiration date of the agreement having the latest expiration date among the bargaining units that will be merged into the regional school unit-wide bargaining unit.
(c) The election ballot may contain only the names of the bargaining agents of bargaining units that will be merged into the regional school unit-wide bargaining unit and the choice of "no representative," but no other choices. No showing of interest is required from any such bargaining agent other than its current status as representative.
(d) The obligation to bargain with existing bargaining agents continues from the operational date until the determination of the bargaining agent of the regional school unit-wide bargaining unit under this subsection; but in no event may any collective bargaining agreement that is executed after the operational date extend beyond the expiration date of the agreement having the latest expiration date among the bargaining units that will be merged into the regional school unit-wide bargaining unit that was in effect on the operational date.
(e) The Maine Labor Relations Board shall expedite to the extent practicable all petitions for determination of the bargaining agent in the regional school unit-wide bargaining unit filed pursuant to this subsection.
(f) The bargaining units must be merged into a regional school unit-wide bargaining unit as of the date of certification of the results of the election by the Maine Labor Relations Board, or the expiration of the collective bargaining agreements in the unit, whichever occurs later.
C. After the merger of bargaining units into a regional school unit-wide bargaining unit, the bargaining agent of a regional school unit-wide bargaining unit and the regional school unit shall engage in collective bargaining for a collective bargaining agreement for the regional school unit-wide bargaining unit. In the collective bargaining agreement for each regional school unit-wide bargaining unit, the employment relations, policies, practices, salary schedules, hours and working conditions throughout the regional school unit must be made uniform and consistent as soon as practicable.
(1) In the event that the parties are unable to agree upon an initial regional school unit-wide collective bargaining agreement, they must use the dispute resolution procedures pursuant to Title 26, section 965 to resolve their differences.
7. Superintendent contracts. The contracts between the superintendents and school administrative units within the regional school unit are transferred to the regional school unit board of directors. The regional school unit board of directors shall determine the superintendents' duties within the regional school unit.’
Sec. 13. Report; review of reorganization timelines. The Department of Education shall conduct a review of the results of referenda votes on proposed reorganization plans and the status of the reorganization of school administrative units as regional school units consistent with the July 1, 2009 implementation timeline established in Public Law 2007, chapter 240. In conducting the review, the department shall:
A. Collect data and analyze the results of the referenda votes on proposed reorganization plans;
B. Review the extent to which each school administrative unit that did not meet the timelines for reorganization did not submit or did not receive approval for an alternative plan that meets the requirements of Public Law 2007, chapter 240, Part XXXX-36, subsection 6, paragraph F, due to the fact that the proposal would not meet the 1,200 minimum student enrollment parameter for an alternative plan;
C. Recommend appropriate criteria or flexibility for the granting of a waiver when extenuating circumstances preclude a school administrative unit from meeting the requirements of the school district reorganization law by July 1, 2009, including the authority necessary to extend timelines and waive penalties if an approved plan of a reorganization planning committee cannot be implemented for July 1, 2009, or the authority necessary to approve an “alternative plan” submitted from a reorganization planning committee even though the plan would not meet the 1,200 minimum student number, but meets all other parameters of the law; and
D. Recommend clarifications to the law to specify what happens in the event that voters in an individual school administrative unit fail to approve a reorganization plan which results in the school administrative unit not meeting the implementation timeline for reorganization.
The Commissioner of Education shall report the findings and recommendations of this review, including suggested legislation, to the joint standing committee of the Legislature having jurisdiction over education matters by December 15, 2009. In its recommendations, the department shall include proposals to extend or modify the current implementation timelines and penalties. Following receipt and review of the report, the joint standing committee of the Legislature having jurisdiction over education matters shall report out a bill to the First Regular Session of the 124th Legislature that extends or modifies the current implementation timelines and penalties.
SUMMARY
This bill is introduced by the Joint Standing Committee on Education and Cultural Affairs pursuant to Public Law 2007, Chapter 240, Section XXXX-47. The bill proposes to make the following changes to clarify and improve the laws governing the formation of regional school units.
1. It amends the definition of a school administrative unit to clarify that community school districts and kindergarten to grade eight school administrative districts that do not join a regional school unit can remain in operation after July 1, 2009. The current law reconstitutes all kindergarten to grade eight school administrative districts as regional school units by July 1, 2009, but is silent on the ability of community school districts and kindergarten to grade eight school administrative districts to remain operational after that date.
2. It changes the deadline by which a referendum must be held to January 16, 2009 and changes dates that are linked to the referendum date by the same amount of time. The current law governing the reorganization of school administrative units requires that a referendum must be held on a proposed reorganization on or before November 4, 2008.
3. 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.
4. It clarifies and amends the budget approval and
validation process provisions to:
A. Increase the number of days from legislative body meeting to
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, authorizes municipalities to levy taxes based on most recent school
budget approved by regional school unit board until a budget is validated by
voters; and
D. Eliminates the need for two separate ballot question for the budget validation referendum vote and combines information on two votes into one document provided with the warrant for the referendum vote.
5. 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.
6. It clarifies the financial responsibility for the preservation of school choice in new regional school units where one or more member municipalities continue to tuition students to 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.
7. 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.
8. It directs the Department of Education to conduct a review of the results of referenda votes on proposed reorganization plans and the status of the reorganization of school administrative units as regional school units consistent with the July 1, 2009 implementation timeline. It also directs the department to develop recommendations related to the circumstances and criteria under which the Commissioner of Education could grant a waiver to a school administrative unit that has not complied with the implementation timelines, including any necessary flexibility that would provide the Commissioner with the authority to adjust the timelines for complying with the law, to waive penalties, or to approve an “alternative plan” submitted by a reorganization planning committee. It further directs the department to clarify what happens if voters of an individual school administrative unit fail to approve a reorganization plan which results in the school administrative unit not meeting the implementation timeline for reorganization.