The Doweast Coastal Press, April 22-28, 2008

County Delegation Votes Against School Consolidation Law; Perry and Emery Absent

By Will Tuell

The Maine Legislature and Gov. John Baldacci have reached an accord on school district reorganization reform even as critics question the timing, tactics and substance of the bill, first introduced into legislation April 16, the day lawmakers were originally scheduled to adjourn for the summer. The House of Representatives passed the measure 92-41, and the Senate gave its consent by a 22-12 margin. All Washington County legislators, except Anne Perry (D-Calais) and Harold Ian Emery (R-Cutler) who were not present for roll calls, voted against the deal.

The law is a major victory for Baldacci, who, with his veto pen, ability to hold his party caucus in line, and use of late, end-of-session tactical maneuvering, successfully resisted efforts to allow for a “super-union” governance option, one that would have allowed a town greater local control over its own school. The final bill passed, little changed from his original consolidation proposal, and came but one week after the House had voted to repeal the entire law.

In a press release following final passage in the Senate, Baldacci commended legislators for their willingness to work toward resolution, saying that the bill will help reduce administrative costs by reducing Maine’s 290 school districts to approximately 80—provided voters approve reorganization plans. “We have held firm on our commitment to reduce school administration in Maine,” said Baldacci. “This bill will help children get a better education and save taxpayers’ money.”

Local Official Condemns Augusta’s Tactics

“It’s a dirty rotten deal,” said East Machias selectman Kenneth “Bucket” Davis, who had urged legislators to turn aside the governor’s new proposal on the grounds that it did not protect local control. “To wait and do this school piece the last thing is wrong. They were supposed to be adjourned Wednesday [April 16]. Thursday and Friday are on the backs of the taxpayers. It [costs] $40K a day additional every day they stay in [session]. And yet the governor will stand up there and say the state’s in hard shape.”

LD 2323 replaces LD 1932, the bill that Baldacci vetoed earlier this month after legislators had inserted a provision allowing for super unions after school officials on Mount Desert Island saw their reorganization plan rejected by Education Commissioner Susan Gendron. The newly passed law gives local school planners the option to form an “alternative organizational structure”—subject to Gendron’s approval, though it does not include any provision for school union governance, or the ability to opt out of a regional school unit once the unit has been formed.

According to the Department of Education (DOE) newsletter sent out following final enactment, the law restores several provisions of the original LD 1932. It allows regional planning committees to form their own cost-sharing agreements, allows minimum receivers of state school subsidies to keep their special education subsidy if they join an RSU, removes the two-mill minimum for local educational spending, allows for units of between 1,000 and 1,200 at the commissioner’s discretion, and “clarifies” the roles of local school committees in relation to RSUs.

The new law does not delay the budget validation process as the original LD 1932 had, meaning that municipalities will have to vote on their school budgets both at town meeting and at the ballot box. Should town voters reject their educational budget, municipal officials will have to repeat that process until a budget is validated. Towns are required to use budget validation for three years, at which time they can vote not to.

Special Deal Wins
MDI Legislators

Davis said that confusion reigned supreme as the Legislature wrestled with school reorganization during their last week in session. “They [legislators] didn’t have any time to decipher this language, any more than they did last winter.” He added a stinging rebuke to Mount Desert Island legislators Rep. Hannah Pingree (D-North Haven), the majority leader in the House, and Sen. Dennis Damon (D-Trenton), who agreed to support the “alternative organizational” structure in lieu of a more concrete “super unions” proviso:

“If MDI had never got what they wanted changed, we would have won this,” said Davis. “The law is the law; there shouldn’t be any special exceptions for other areas. It was crafted to win over the votes. Once they [MDI] figure out this is a mess, this is going to come back and bite her [Pingree].”

MDI RPC member Brian Hubbell, who has been active in fighting for the super-union amendment, said in an e-mail posted on his Web site (mdischools.net) April 18 that the “alternative organizational structure” is open ended and that local planners could, perhaps, form a plan similar to MDI’s.

Wrote Hubbell: “The framework of alternative reorganization structures that LD 2323 allows is, in significant ways, as open-ended in options as local school districts want to make them, as long as they represent coherent regional systems with the same core functions that were proposed under LD 1932. I hope that others see some advantages in this lack of Departmental prescription and give this approach a fair test and challenge on their own.” He did not rule out the possibility that legislators would again wrestle with the issue of super unions should alternative organizational structures falter. “I understand that there are those who are still very disappointed and frustrated,” wrote Hubbell, “that some of the specific pieces of the amended version of LD 1932 aren’t included in 2323.  And it very well may be that more legislative work remains to be done to ensure that all school districts in other areas can also meet their particular needs.”

According to DOE, an alternative structure could be approved if it “satisfies the purposes of the school administrative reorganization law” by including consolidation of special education and transportation administration as well as core business functions. Units must also adopt a core curriculum, consistent school policies, calendars and collective bargaining agreements. Alternative structures also must share the same budget format and validation process.

The law will not take effect until mid-July, as majority Democrats removed the emergency preamble to ensure passage before the 123rd Legislature adjourned. The law was nearly derailed when senators narrowly rejected a proposal by Sen. Kevin Raye (R-Perry) to reintroduce school unions as an alternative form of governance. Senators rejected Raye’s measure 19-16 along party lines. The measure would have also allowed municipalities to leave one RSU and join another, or hold a referendum to opt out of school reorganization before having an approved plan.

Davis suggested that area towns not wanting to participate in the state consolidation process could partner to offset penalties they will face when opting out.

“The best thing for people in this area is to get a plan together [once] towns opt out,” he said, adding, “and [then] cost-share to offset penalties. This [school consolidation issue] is going to come back within two years, because it will not work. If you haven’t got the say over your school, your staff members, you might as well throw the towel in, get rid of your selectmen and do away with town government.”