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USA Statutes : maine
Title : Title 20-A. EDUCATION
Chapter : Chapter 103. SCHOOL ADMINISTRATIVE DISTRICTS
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Title 20-A - §1101. Organization of school administrative units
Title 20-A: EDUCATION
Part 2: SCHOOL ORGANIZATION
Chapter 103: SCHOOL ADMINISTRATIVE DISTRICTS
Subchapter 1: PURPOSE
§1101. Organization of school administrative units
It is declared policy of the State to encourage the development of school administrative units of sufficient size to provide:
[1981, c. 693, § § 5, 8(new)]
1. Opportunity. A more equalized educational opportunity for pupils;
[1981, c. 693, § § 5, 8(new)]
2. Programs. Satisfactory school programs;
[1981, c. 693, § § 5, 8(new)]
3. Tax rates. A greater uniformity of school tax rates among the units; and
[1981, c. 693, § § 5, 8(new)]
4. Public funds. A more effective use of the public funds expended for the support of public schools.
[1981, c. 693, § § 5, 8(new)]
Section History:
PL 1981,
Ch. 693,
§5,8
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 20-A - §1201. Criteria for establishing a school administrative district
Title 20-A: EDUCATION
Part 2: SCHOOL ORGANIZATION
Chapter 103: SCHOOL ADMINISTRATIVE DISTRICTS
Subchapter 2: ORGANIZATION
§1201. Criteria for establishing a school administrative district
The following criteria shall apply to establishing a school administrative district.
[1981, c. 693, § § 5, 8(new)]
1. Number of municipalities. The district shall have 2 or more member municipalities.
[1981, c. 693, § § 5, 8(new)]
2. Number of students. The district shall have, as recorded in the last return under section 6004:
A. Three hundred or more resident public secondary school students;
[1981, c. 693, § § 5, 8(new)]
B. One hundred or more resident public secondary school students, if the state board determines the formation of a larger district
is educationally, economically or geographically not feasible;
[1981, c. 693, § § 5, 8(new)]
C. Fifty or more resident public secondary school students if:
(1) The proposed district has on file with the state board a duly authorized and executed 2-year to 10-year contract offer
from a municipality having 100 or more resident public secondary school students; and
(2) If the combined number of resident public secondary school students in these 2 school administrative units exceeds 300;
and
[1981, c. 693, § § 5, 8(new)]
D. Any number of secondary school students, if the new district is composed in whole or in part of a community school district:
(1) Offering a program of education for grades 9 through 12; and
(2) Formed on or before, and operating on April 1, 1957.
[1981, c. 693, § § 5, 8(new)]
[1981, c. 693, § § 5, 8(new)]
Section History:
PL 1981,
Ch. 693,
§5,8
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 20-A - §1202. Formation of district
Title 20-A: EDUCATION
Part 2: SCHOOL ORGANIZATION
Chapter 103: SCHOOL ADMINISTRATIVE DISTRICTS
Subchapter 2: ORGANIZATION
§1202. Formation of district
The residents of 2 or more municipalities may form a school administrative district which shall be a body politic and corporate
by completing the following steps.
[1981, c. 693, § § 5, 8 (new).]
1. Application vote. At a duly called special or regular meeting or city election the voters of a municipality may instruct its school board
to file an application with the state board. The article to be inserted in the warrant for the meeting shall be in the following
form:
p align="center">"To see if the municipality will vote to instruct its school board to file an application with the State Board of Education
for the purpose of forming a school administrative district with the following towns:
p align="center">...............................................
p align="center"> (naming them)"
[1981, c. 693, § § 5, 8 (new).]
2. Initial application. If the article is approved, the school board shall file an initial application with the state board.
A. The application shall include a list of the names of the municipalities that propose to form the school administrative district,
an adequate study outlining the desirability and the educational feasibility of the proposed district and whatever other information
the state board may deem necessary and proper.
[1981, c. 693, § § 5, 8 (new).]
B. In municipalities which have less than 300, but more than 99 resident pupils, the application shall state in detail the
educational, economic and geographic reasons for the formation of the proposed school administrative district.
[1981, c. 693, § § 5, 8 (new).]
C. An application shall be filed on a form prepared by the state board.
[1981, c. 693, § § 5, 8 (new).]
[1981, c. 693, § § 5, 8 (new).]
3. Calling of a joint meeting. If the state board finds the proposed school administrative district eligible and approves its initial application, the
state board shall notify the municipal officers and the members of the school boards in the municipalities within the proposed
district of a date, time and place of a joint meeting of the municipal officers and the school board members from each municipality.
A. The notice shall be in writing and sent by registered or certified mail, return receipt requested, to the addresses as shown
on the application.
[1981, c. 693, § § 5, 8 (new).]
B. The notice shall be mailed at least 10 days prior to the date set for the meeting.
[1981, c. 693, § § 5, 8 (new).]
[1981, c. 693, § § 5, 8 (new).]
4. Joint meeting. The following shall govern the joint meeting.
A. At least 12 of the total number of municipal officers and school committee members eligible to vote at the joint meeting
shall be present to constitute a quorum. If there is no quorum, those present shall report to the state board that a quorum
was not present and request the state board to issue a new notice.
[1983, c. 485, § 7 (amd).]
B. The school boards and municipal officers of each municipality shall each caucus and select 3 of their members to represent
their municipality in the joint meeting. Other members may not vote in the joint meeting.
[1981, c. 693, § § 5, 8 (new).]
C. Those with voting rights shall, by majority vote:
(1) Elect a chairman and a secretary;
(2) Determine the total number of school directors to represent each municipality and the method of apportioning voting power
among directors consistent with this section and sections 1251 and 1252;
(3) Determine the method of sharing costs under section 1301; and
(4) Determine the date when all the municipalities in the proposed district shall vote on the articles of district formation.
The date shall be at least 60 days from the date on which it is determined.
[1981, c. 693, § § 5, 8 (new).]
D. The chairman and secretary shall prepare a report describing the number of directors and the representation from each municipality.
They shall sign and forward that report to the state board.
[1981, c. 693, § § 5, 8 (new).]
[1983, c. 485, § 7 (amd).]
5. Calling municipal elections. If the state board finds the report of the joint meeting to be in order, the state board shall order the municipal officers
of the municipalities involved to call town meetings or city elections on the date established pursuant to subsection 4, paragraph
C, subparagraph (4) for the purpose of voting on the questions required by this subchapter relating to the formation of a
school administrative district.
A. Municipalities voting on the questions of district formation under Title 30-A, sections 2528 to 2531-A shall open the polls
at 10 a.m. and shall close the polls at 7 p.m.
[1993, c. 608, §1 (amd).]
B. In other municipalities the municipal officers shall direct that the town meeting or city election shall open at 7:30 p.m.
[1981, c. 693, § § 5, 8 (new).]
C. All school administrative units shall vote upon the questions of school district information in the same fashion as the
units conduct other business at regular or special town meetings, except that school administrative units electing municipal
officers by secret ballot may use that method for electing school board directors.
[1981, c. 693, § § 5, 8 (new).]
[1993, c. 608, §1 (amd).]
6. Articles to be voted on. The articles to be voted on shall be in the following form.
A. "Article : To see if the municipality will vote to join with the municipalities of (naming them) to form a school
administrative district."
[1981, c. 693, § § 5, 8 (new).]
B. "Article : To see if the municipality will vote to approve the allocation of representation within the district on
the Board of School Directors as recommended by the school committees and municipal officers as follows: The total number
of directors shall be ............."
(number)
[1983, c. 485, § 8 (amd).]
C. "Article : To choose .......... school
(number)
director( s)" Headnote=" to represent the municipality (or subdistrict) on the board of school directors of the school administrative
district."
[1981, c. 693, § § 5, 8 (new).]
D. If the state board has authorized an alternative method of sharing costs, the municipality shall vote on the following article.
p align="center">Article : To see if the costs of operating "School Administrative District ......... "
p align="center"> (number) shall be shared among the towns of ................................
p align="center"> (naming them)
p align="center">in accordance with (per pupil, state valuation, a combination thereof or any other formula authorized by the Legislature).
[1983, c. 485, § 8 (amd).]p align="center">E. If coterminous school districts exist or there is outstanding indebtedness for school construction or other school property
in any of the municipalities concerned, the following additional article must also be acted on.
p align="center">"Article : To see if the municipality will vote to authorize the district to assume full responsibility for amortizing
the following listed indebtedness now outstanding in the school administrative units planning to form the school administrative
district."
p align="center">(The list must include the name of the obligated school administrative unit, type of obligation, amount unpaid, interest rate
and the payment schedule for all outstanding school indebtedness of all the school administrative units comprising the school
administrative district under consideration.)
[1981, c. 693, § § 5, 8 (new).]p align="center">F. If a school administrative district is to be formed under this section, or if the proposed school administrative district
plans to contract with a designated private school for the education of its students in grades 9 through 12, voters shall
act on the following article.
p align="center">"Article : To see if the municipality will vote to join with the municipalities of ..................... to form a school
p align="center"> (naming them) administrative district, which district is hereby authorized and directed to accept the contract offer
of ............................. for the schooling of pupils in grades 9 through 12."
[1987, c. 402, Pt. A, § 118 (amd).]
[1987, c. 402, Pt. A, § 118 (amd).]
7. Majority vote. Approval of each article shall be by a majority vote of those voting in each municipality on each article.
[1981, c. 693, § § 5, 8 (new).]
8. Special provision for community school districts. A community school district may be changed to a school administrative district if each municipality within the district
acts affirmatively on the following articles.
A. Existing community school districts may become school administrative districts on approval of the state board and may suspend
operation as a community school district if each of the participating municipalities acts affirmatively on an article similar
in form to the following, prior to accepting the other articles required in this section.
p align="center">"Article : To see if the municipality will vote to authorize the ...............
p align="center"> (name) Community School District, of which this municipality is a part, to suspend operation
as a community school district and organize and operate as a school administrative district in accordance with action on the
following article."
[1981, c. 693, § § 5, 8 (new).]p align="center">B. Municipalities, including all of those participating in an existing community school district, may form a school administrative
district on approval of the state board and suspend the operation of the community school district if each of the participating
municipalities acts affirmatively on an article similar in form to the following, and acts affirmatively on each of the other
articles required in this section.
p align="center">"Article : To see if the municipality will vote to authorize the suspension of the ..................................
p align="center"> (name)
p align="center">Community School District in order to organize and operate as a part of a larger school administrative district."
[1981, c. 693, § § 5, 8 (new).]p align="center">C. In approving one of these articles, all acts of a community school district in contracting their indebtedness shall be
ratified and confirmed.
[1981, c. 693, § § 5, 8 (new).]p align="center">D. The board of directors of the school administrative district shall pay to the trustees of the former community school
district within their jurisdiction sufficient funds each year to amortize all outstanding capital indebtedness existing at
the time the community school district was suspended.
[1981, c. 693, § § 5, 8 (new).]
[1981, c. 693, § § 5, 8 (new).]
Section History:
PL 1981,
Ch. 693,
§5,8
(NEW).
PL 1983,
Ch. 485,
§7,8
(AMD).
PL 1987,
Ch. 402,
§A118
(AMD).
PL 1987,
Ch. 737,
§C36,C106
(AMD).
PL 1989,
Ch. 6,
§
(AMD).
PL 1989,
Ch. 9,
§2
(AMD).
PL 1989,
Ch. 104,
§C8,C10
(AMD).
PL 1993,
Ch. 608,
§1
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 20-A - §1203. Issuance of a certificate of organization
Title 20-A: EDUCATION
Part 2: SCHOOL ORGANIZATION
Chapter 103: SCHOOL ADMINISTRATIVE DISTRICTS
Subchapter 2: ORGANIZATION
§1203. Issuance of a certificate of organization
Certificates of organization shall be issued as follows.
[1981, c. 693, § § 5, 8(new)]
1. Report of vote. The clerks of the municipalities which have voted on the questions regarding the formation of the school administrative
district shall report to the state board the results of the vote in a manner determined by the state board.
[1981, c. 693, § § 5, 8(new)]
2. Finding recorded. If the state board finds that a majority of voters in each school administrative unit forming the school administrative
district have voted in favor of each of the articles of formation, elected the necessary school directors and taken all other
necessary steps in the formation of the proposed school administrative district in conformity with law, the state board shall
make and record its finding that the school administrative district is in compliance.
[1981, c. 693, § § 5, 8(new)]
3. School administrative district number assigned. The state board, having made its finding, shall assign a number to each school administrative district in the order of their
formation. The official title of the school administrative district shall be "School Administrative District No. ."
[1981, c. 693, § § 5, 8(new)]
4. Certificate of organization. The state board shall, immediately after making its finding, issue a certificate of organization.
[1981, c. 693, § § 5, 8(new)]
5. Certificate issued, filed and recorded. The original certificate shall be delivered to the school directors on the day that they organize and a copy, attested by
the secretary of the state board, shall be filed and recorded in the office of the Secretary of State.
[1981, c. 693, § § 5, 8(new)]
6. Issuance of certificate evidence of organization. The issuance of the certificate shall be conclusive evidence of the lawful organization of the school administrative district.
[1981, c. 693, § § 5, 8(new)]
Section History:
PL 1981,
Ch. 693,
§5,8
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 20-A - §1204. Transfer of property and assets
Title 20-A: EDUCATION
Part 2: SCHOOL ORGANIZATION
Chapter 103: SCHOOL ADMINISTRATIVE DISTRICTS
Subchapter 2: ORGANIZATION
§1204. Transfer of property and assets
The transfer of school property and assets shall be as follows.
[1981, c. 693, § § 5, 8(new)]
1. Board of directors. The directors of a school administrative district shall determine what school property of the municipalities and former
school administrative units in their district are necessary to carry out the functions of their district and:
A. Request in writing that the school board of each school administrative unit or the municipal officers transfer title of
their school property and buildings to the school administrative district; or
[1981, c. 693, § § 5, 8(new)]
B. Assume all the duties and liabilities under lease agreements with the Maine School Building Authority if the title is held
by the authority.
[1981, c. 693, § § 5, 8(new)]
[1981, c. 693, § § 5, 8(new)]
2. Transfer. The school board or municipal officers shall make the transfer notwithstanding any other provision in the charter of the
school administrative unit or municipality or other provision of law.
[1981, c. 693, § § 5, 8(new)]
3. Maine School Building Authority. The Maine School Building Authority, on the completion of all rental payments and other conditions in the lease, shall transfer
the title to the school administrative district notwithstanding any provision in the lease or other provision of the law.
[1981, c. 693, § § 5, 8(new)]
4. Financing assumed debts. If a school administrative district has assumed the outstanding indebtedness of a former school administrative unit:
A. The directors of the school administrative district may, notwithstanding any other statute or any provision of any trust
agreement, use any sinking fund or other money set aside by the school administrative unit to pay off the indebtedness for
which the money was dedicated;
[1981, c. 693, § § 5, 8(new)]
B. The municipality within a school administrative district may, by vote of its voters, raise, appropriate and transfer money
to the school administrative district solely for school construction purposes; and
[1981, c. 693, § § 5, 8(new)]
C. A municipality, within a proposed school administrative district that has applied to the state board, may, by vote of its
voters, raise and appropriate money for school construction purposes to be transferred to the proposed school administrative
district, if and when the district takes over the operation of the public school within its jurisdiction.
The municipality may only withdraw this appropriation:
(1) If the formation of the district fails to be approved by the municipalities within the district or by the state board;
or
(2) If 9 months or more after the original vote, the electorate of the town vote to withdraw the appropriation.
[1981, c. 693, § § 5, 8(new)]
[1981, c. 693, § § 5, 8(new)]
Section History:
PL 1981,
Ch. 693,
§5,8
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 20-A - §1205. Operational date and transfer of authority
Title 20-A: EDUCATION
Part 2: SCHOOL ORGANIZATION
Chapter 103: SCHOOL ADMINISTRATIVE DISTRICTS
Subchapter 2: ORGANIZATION
§1205. Operational date and transfer of authority
The operational date and transfer of authority of a school administrative district shall be as follows.
[1981, c. 693, § § 5, 8(new).]
1. Operational date. A school administrative district shall become operative on the date set by the state board as provided in section 1253.
[1981, c. 693, § § 5, 8(new).]
2. Transfer of governing authority. The school directors shall, on the date established in subsection 1, assume responsibility for the management and control
of the public schools within the former school administrative units within the district and these former school administrative
units on that date have no further responsibility for the operation or control of the public schools within the district.
[2001, c. 588, §18 (amd).]
3. Transfer of school accounts. Notwithstanding section 15004 or any charter of a community school district or coterminous district, the balance remaining
in the school accounts of the municipalities, community school district or coterminous school districts within the school
administrative district shall be paid to the treasurer of the district in equal monthly installments over the remainder of
the fiscal year in which the district is formed.
[1983, c. 480, Pt. A, § 16 (amd).]
4. Teacher contracts. The contracts between the municipalities within the district and all teachers shall automatically be assigned to the school
administrative district as of the date the district becomes operative. The district shall assign teachers to their duties
and make payments upon their contracts.
[1981, c. 693, § § 5, 8(new).]
5. Superintendent contracts. The contracts between the superintendents and municipalities within the district shall be transferred to the school administrative
district. The board of directors shall determine the superintendents' duties within the district and pay that proportion
of the salaries paid for by the former school administrative units in the district.
[1981, c. 693, § § 5, 8(new).]
Section History:
PL 1981,
Ch. 693,
§5,8
(NEW).
PL 1983,
Ch. 480,
§A16
(AMD).
PL 2001,
Ch. 588,
§18
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 20-A - §1206. Application of general law
Title 20-A: EDUCATION
Part 2: SCHOOL ORGANIZATION
Chapter 103: SCHOOL ADMINISTRATIVE DISTRICTS
Subchapter 2: ORGANIZATION
§1206. Application of general law
Schools operated by legally established school administrative districts shall be the official schools of the participating
municipalities. The provisions of general law relating to public education shall apply to these schools. State funds for
public schools shall be paid directly to the treasurer of the school administrative district.
[1981, c. 693, § § 5, 8(new)]
Section History:
PL 1981,
Ch. 693,
§5,8
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 20-A - §1251. Board of directors
Title 20-A: EDUCATION
Part 2: SCHOOL ORGANIZATION
Chapter 103: SCHOOL ADMINISTRATIVE DISTRICTS
Subchapter 3: SCHOOL DIRECTORS
§1251. Board of directors
Provisions for a board of directors shall be as follows.
[1981, c. 693, § § 5, 8 (new).]
1. Size. The size shall be determined by the joint meeting under section 1203 or by the reapportionment committee under section 1255,
but shall not be less than 5. It shall include at least one director from each municipality or subdistrict.
[1981, c. 693, § § 5, 8 (new).]
2. Term of office. In municipalities with annual elections, directors shall serve a 3-year term. In municipalities with biennial elections,
directors shall serve a 4-year term. A director shall serve until a successor is elected and qualified.
[1983, c. 806, § 13 (amd).]
3. Terms of office under district formation. The newly elected directors under a district formation or reapportionment plan shall meet and draw lots for the length of
term specified as follows.
A. In municipalities with annual elections, 13 of the directors shall serve one-year terms, 13 shall serve 2-year terms and
13 shall serve 3-year terms. If the number of directors is not evenly divisible by 3, the first remaining director shall
serve a 3-year term and the 2nd a 2-year term.
[1981, c. 693, § § 5, 8 (new).]
B. In municipalities with biennial elections, 12 of the directors shall serve a 4-year term and 12 a 2-year term. If the
number of directors is not divisible by 2, the remaining director shall serve a 4-year term.
[1981, c. 693, § § 5, 8 (new).]
C. The directors shall serve their terms as determined at the organizational meeting and an additional period until the next
regular election of the municipalities. Thereafter, the directors' terms of office shall be established in accordance with
the provisions of section 1003.
[1983, c. 485, § 9 (amd).]
[1983, c. 485, § 9 (amd).]
4. Compensation. Compensation for attendance at a school board meeting shall be between $10 and $25 per meeting. Whenever the directors
recommend to increase their compensation, they shall submit their recommendation to the district voters for approval.
A. On notification by the school board, the municipal officers shall, at the next regular or special town meeting or city election,
prepare a warrant or ballot for the purpose of voting on the proposed increase.
The question shall be in the following form.
p align="center">"Should the School Administrative District No. directors be paid compensation at the rate of $ for each meeting
which each director attends?"
[1981, c. 693, § § 5, 8 (new).]p align="center">B. No increase in compensation is effective unless approved by a majority of the voters voting on the question.
[1981, c. 693, § § 5, 8 (new).]
[1981, c. 693, § § 5, 8 (new).]
5. Secretary and treasurer. The superintendent shall serve as secretary and treasurer of the school board and shall give a bond to the district of a
sum and with the sureties as the school board shall determine. The bond shall be deposited with the chairman. The expense
of that bond shall be paid by the district. The bond premium, compensation paid directors for attendance at meetings and
expenses of the district shall be paid from funds of the district by the treasurer on vouchers presented and certified by
the superintendent and approved by a majority of the school board or a finance committee duly elected annually by that board.
[1981, c. 693, § § 5, 8 (new).]
6. Oath of office. Before their first meeting, newly elected directors must take the following oath or affirmation before a dedimus justice
or notary public.
"I ................ do swear that I will faithfully discharge to the best of my abilities the duties encumbent on me as a
school director of School Administrative District No........ according to the Constitution and laws of this State. So help
me God."
A. A director shall take the oath or affirmation and return a certificate documenting that the oath has been taken to the secretary
of the district to place in the district records.
[1987, c. 736, §40 (amd).]
B. If a director is conscientiously scrupulous of taking an oath, the word "affirm" may be used instead of "swear" and the
words "this I do under the pains and penalty of perjury" instead of the words "so help me God."
[1991, c. 655, §2 (amd).]
[1991, c. 655, §2 (amd).]
7. Election of officers. The board of directors shall elect a chairman and vice-chairman and other officers as may be necessary.
[1981, c. 693, § § 5, 8 (new).]
Section History:
PL 1981,
Ch. 693,
§5,8
(NEW).
PL 1983,
Ch. 485,
§9
(AMD).
PL 1983,
Ch. 806,
§13,14
(AMD).
PL 1987,
Ch. 736,
§40
(AMD).
PL 1991,
Ch. 655,
§2
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 20-A - §1252. Methods of representation
Title 20-A: EDUCATION
Part 2: SCHOOL ORGANIZATION
Chapter 103: SCHOOL ADMINISTRATIVE DISTRICTS
Subchapter 3: SCHOOL DIRECTORS
§1252. Methods of representation
The following are methods of representation.
[1981, c. 693, § § 5, 8 (new).]
1. Method A: Subdistrict representation. Directors shall represent subdistricts.
A. The subdistricts, as far as practicable, shall be whole municipalities. If the municipalities are divided into subdistricts,
then they shall be divided into subdistricts of approximately equal size as determined by the latest Federal Decennial Census
or Federal Estimated Census. The municipal officers shall provide a separate voting place for each subdistrict of the municipality.
[1981, c. 693, § § 5, 8 (new).]
B. The boundaries of each subdistrict shall be determined by a majority vote of the joint meeting or reapportionment committee.
Each subdistrict shall have one director, except that in a municipality comprised of 2 or more subdistricts, the joint meeting
may authorize the election of directors-at-large.
[1981, c. 693, § § 5, 8 (new).]
[1981, c. 693, § § 5, 8 (new).]
2. Method B: Weighted votes. Directors shall cast weighted votes.
A. The committee shall apportion 1,000 votes among all the members of the board. The ratio of the number of votes cast by
the directors representing a municipality in relation to the number 1,000 shall be the same ratio to the nearest whole number
as the population of the municipality is in relation to the population of all municipalities in the district, as determined
by the latest Federal Decennial Census or Federal Estimated Census.
[1981, c. 693, § § 5, 8 (new).]
B. To assure the use of whole numbers, the 1,000 votes apportioned among the board members may be increased or decreased by
not more than 5 votes.
[1981, c. 693, § § 5, 8 (new).]
C. A plan may not permit the voting power of any director to exceed by more than 2% the percentage of voting power the director
would have if all 1,000 votes were apportioned equally among the directors.
[1983, c. 806, § 15 (amd).]
D. In a municipality served by 2 or more directors, the votes cast by them shall be divided equally among them. The directors
shall be elected at large within the municipality unless otherwise provided by municipal charter.
[1981, c. 693, § § 5, 8 (new).]
[1983, c. 806, § 15 (amd).]
3. Method C: At-large voting. Directors shall be elected at large by all of the voters in the district.
[1981, c. 693, § § 5, 8 (new).]
4. Method D: Other. Directors may be elected by any other method that meets the requirements of the one-man, one-vote principle that is not
included in Methods A, B or C.
[1981, c. 693, § § 5, 8 (new).]
Section History:
PL 1981,
Ch. 693,
§5,8
(NEW).
PL 1983,
Ch. 806,
§15
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 20-A - §1253. Election
Title 20-A: EDUCATION
Part 2: SCHOOL ORGANIZATION
Chapter 103: SCHOOL ADMINISTRATIVE DISTRICTS
Subchapter 3: SCHOOL DIRECTORS
§1253. Election
For the purpose of nominations, school directors shall be considered municipal officials and shall be nominated in accordance
with Title 30-A, chapter 121, or with a municipal charter, whichever is applicable.
[1987, c. 737, Pt. C, §§37, 106 (amd); 1989, c. 6 (amd); c. 9, §2 (amd); c. 104, Pt. C, §§8,10 (amd).]
1. Initial meeting on district formation. On the election of the school directors, the clerk of each municipality within the school administrative district shall
forward the names of the directors elected for that municipality to the state board with other data with regard to their election
as the state board may require. On receipt of the names of all of the directors, the state board shall set a time, place
and date for the first meeting of the directors and give notice to the directors in the manner set forth in section 1202,
subsection 3, paragraph A.
[1983, c. 480, Pt. A, §17 (amd).]
2. Special provisions. In the election for representation under the methods provided in section 1252 the following shall apply.
A. Under Method A:
(1) Within 60 days, but no earlier than 45 days after notification by the board of directors of the approval or reapportionment
plan, the municipal officers shall call a special election to elect directors to serve under the plan for the school administrative
district;
(2) Nomination papers must be furnished by the secretary of the district at least 10 days before the deadline for filing
of nomination papers. Notwithstanding any other section of this Title, directors must be nominated by obtaining a minimum
of 25 and a maximum of 50 signatures of registered voters residing within the subdistrict. The secretary shall notify the
municipal officers of the names of candidates in each subdistrict;
(3) The ballots must be prepared in accordance with subparagraph (7);
(4) The clerks of each municipality shall forward to the secretary the results of the vote by subdistrict;
(5) The board of directors shall meet and total the votes cast for each candidate within each subdistrict and shall immediately
notify the clerks in each municipality, the candidates and the commissioner of the results of the vote;
(6) The terms of the directors elected under the original municipal representation system cease on the date that the newly
elected directors are sworn into office; and
(7) Notwithstanding any other provision of statute, directors must be elected by secret ballot. The ballots must be prepared
for and distributed to the municipalities or subdistricts by the secretary of the district.
[1993, c. 435, §1 (amd).]
A-1. Under Method B:
(1) Reductions in the number of directors must take place in accordance with section 1255, subsection 1, paragraph B;
(2) Additional directors must be added in accordance with section 1255, subsection 1, paragraph C; and
(3) The term of office of additional directors must be determined in accordance with section 1251, subsection 3.
[1993, c. 435, §2 (new).]
B. Under Method C:
(1) Nominations for directors shall be made on petitions provided by the district secretary. The petitions shall be signed
as provided in Title 30-A, section 2528, subsection 4, or if the candidate is a voting resident in a municipality having less
than 200 population, signed by at least 20% of the registered voters of that municipality;
(2) The petitions shall be submitted to the registrar of voters in the respective municipalities for certification of the
voting residence of the director nominated and of the voters signing the petition;
(3) The registrar of voters shall return the certified petitions to the district secretary not later than 30 days prior
to the date of the annual election to be held in the municipality;
(4) The ballot shall be prepared and distributed by the district secretary. It shall give the number of offices to be filled
and list the candidates by municipalities or subdistricts in which they are resident;
(5) Notwithstanding any other provision of law, school directors shall be elected by secret ballot;
(6) If all member municipalities do not conduct the election for directors on the same date, then all ballots cast in the
elections shall be impounded by the clerk of each municipality:
(a) After all municipalities have voted, the clerks and one or more election supervisors designated by the municipal officers
of each municipality shall meet at an agreed upon location and tally the ballot;
(b) The tally shall be completed within one day of the last member municipality election;
(c) The election supervisors shall select from among their members a chairman who shall supervise the tally of ballots;
and
(d) The clerk of each municipality shall as promptly as possible after the election certify to the board of directors the
result of the voting in that municipality; and
(7) Any recount petitions shall be filed with the secretary of the board of directors and recounts shall be conducted in
each member municipality in accordance with the applicable laws.
[1987, c. 737, Pt. C, §§38, 106 (amd); 1989, c. 6 (amd); c. 9, §2 (amd); c. 104, Pt. C, §§8,10 (amd).]
[1993, c. 435, §§1, 2 (amd).]
Section History:
PL 1981,
Ch. 693,
§5,8
(NEW).
PL 1983,
Ch. 422,
§2
(AMD).
PL 1983,
Ch. 480,
§A17
(AMD).
PL 1987,
Ch. 737,
§C37,C38, C106
(AMD).
PL 1989,
Ch. 6,
§
(AMD).
PL 1989,
Ch. 9,
§2
(AMD).
PL 1989,
Ch. 104,
§C8,C10
(AMD).
PL 1993,
Ch. 435,
§1,2
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 20-A - §1254. Vacancies
Title 20-A: EDUCATION
Part 2: SCHOOL ORGANIZATION
Chapter 103: SCHOOL ADMINISTRATIVE DISTRICTS
Subchapter 3: SCHOOL DIRECTORS
§1254. Vacancies
Declaration and filling of vacancies shall be as follows.
[1981, c. 693, § § 5, 8 (new).]
1. Definition of vacancy. A vacancy occurs:
A. When the term of the office of a school director expires;
[1981, c. 693, § § 5, 8 (new).]
B. When a school director changes residency from the municipality or subdistrict from which elected. Evidence that an individual
is registered to vote in a municipality is prima facie evidence of that individual's residency;
[1981, c. 693, § § 5, 8 (new).]
C. On the death of a school director;
[1987, c. 866, §1 (amd).]
D. When a school director resigns; or
[1987, c. 866, §1 (amd).]
E. Except in municipalities having a municipal charter, when a director is absent without excuse from 3 consecutive regular
board meetings, the board may declare that a vacancy exists.
[1987, c. 866, §2 (new).]
div>
[1987, c. 866, §§1, 2 (amd).]
2. School board. The board of directors shall notify the municipal officers of the municipalities within the district before the annual town
meeting or before the regular city election of the vacancy.
[1981, c. 693, § § 5, 8 (new).]
3. Filling vacancies. Vacancies shall be filled as follows.
A. The municipal officers of the municipality in which the director resided shall select an interim director for the municipality
or subdistrict to serve until the next annual municipal election. The interim director shall serve until a successor is elected
and qualified.
[1983, c. 806, § 16 (amd).]
B. The municipal officers shall provide at the next municipal or subdistrict election for the election of a director to fill
the vacancy.
[1981, c. 693, § § 5, 8 (new).]
[1983, c. 806, § 16 (amd).]
Section History:
PL 1981,
Ch. 693,
§5,8
(NEW).
PL 1983,
Ch. 806,
§16
(AMD).
PL 1987,
Ch. 866,
§1,2
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 20-A - §1255. Reapportionment
Title 20-A: EDUCATION
Part 2: SCHOOL ORGANIZATION
Chapter 103: SCHOOL ADMINISTRATIVE DISTRICTS
Subchapter 3: SCHOOL DIRECTORS
§1255. Reapportionment
The commissioner shall determine the necessity for reapportionment.
[1987, c. 395, Pt. A, §53 (amd).]
1. Duties of commissioner. The commissioner shall determine if a district is apportioned in accordance with the principles of one person, one vote,
if:
A. The commissioner receives a request by the board of directors;
[2003, c. 354, §1 (amd).]
B. The commissioner receives a petition signed by district voters equal to at least 10% of the voters who voted in the last
gubernatorial election in the district; or
[2003, c. 354, §1 (amd).]
C. The commissioner determines a district is not apportioned according to the principles of one person, one vote.
[2003, c. 354, §1 (amd).]
The commissioner shall make a determination under paragraph A or B within 30 days of receiving the request or the petition.
[2003, c. 354, §1 (amd).]
2. Awaiting census results. If the commissioner receives a request within 12 months before a Federal Decennial Census or Federal Estimated Census, he
may wait until after the new census figures are available to make a determination.
[1987, c. 395, Pt. A, §54 (amd).]
3. Findings and order. If the commissioner finds the district's representation is not apportioned in accordance with the principle of one person,
one vote, the commissioner shall, within 7 days of that decision, notify the superintendent of the finding and shall order
the superintendent to notify the municipal officers in each municipality in the district and the school board to create a
reapportionment committee. The superintendent's notification must include the commissioner's notification, the information
provided pursuant to subsection 6 and the time and place for the first meeting of the committee, which must be held not later
than 20 days after the notification.
[2003, c. 354, §1 (amd).]
4. Reapportionment committee membership. The reapportionment committee shall consist of one municipal officer and one citizen at large from each member municipality,
chosen by the municipal officers, and one director from each municipality, chosen by the board of directors. The appointments
shall be made prior to the first meeting of the committee.
[1981, c. 693, §§5, 8 (new).]
5. Quorum. A majority of the committee shall be a quorum.
[1981, c. 693, §§5, 8 (new).]
6. Duties of commissioner. The commissioner shall provide the superintendent with the most recent Federal Decennial Census or Federal Estimated Census
figures for each municipality in the district and at least one recommended apportionment plan.
[2003, c. 354, §2 (amd).]
7. Duties of the reapportionment committee. The committee shall:
A. Elect a chairman and secretary and may adopt suitable rules of procedure;
[1981, c. 693, §§5, 8 (new).]
B. Consider and by majority vote adopt a plan including the method of representation, total number of directors and number
of directors representing each municipality or subdistrict; and
[1981, c. 693, §§5, 8 (new).]
C. Within 90 days of the first meeting, send a report of their plan to the state board for approval. It may, within the 90-day
limit, submit alternative plans for apportionment.
[1981, c. 693, §§5, 8 (new).]
[1981, c. 693, §§5, 8 (new).]
8. Commissioner approval. The commissioner shall approve or disapprove the committee plan within 30 days of receiving it.
[1987, c. 395, Pt. A, §54 (amd).]
9. Failure to gain commissioner approval. If a plan has not been adopted by the committee or approved by the commissioner within the time limits, he shall prepare
a suitable plan.
[1987, c. 395, Pt. A, §54 (amd).]
10. Putting the approved plan into effect. On approval of a plan, the commissioner shall send a certified copy to the municipal officers and school directors. The
original plan shall be retained in the department files.
A. The approved plan shall be effective immediately. The committee shall determine the terms of the directors who shall be
elected at the next annual municipal elections so as to comply with section 1253.
[1981, c. 693, §§5, 8 (new).]
B. If the approved plan requires a reduction of the number of directors to be elected in a municipality, the reduction must
be achieved in accordance with this paragraph.
(1) If possible, the reduction must be achieved by the voluntary resignation of one or more of the directors.
(2) If the reduction can not be achieved in accordance with subparagraph (1) and the plan is approved and filed less than
30 days prior to the annual municipal election, the number of open positions to be filled by the election process must be
reduced to the number required by the approved plan.
(3) If the reduction can not be achieved in accordance with subparagraph (1) or (2), or a combination of the 2, all of the
remaining existing directors representing the municipality shall choose by lot which directors' terms must terminate.
[2003, c. 57, §1 (rpr).]
C. If the approved plan requires that additional directors be elected in a municipality, the municipal officers shall fill
the vacancies by appointment. A new director shall serve until a successor is elected and qualified at the next annual municipal
election.
[1983, c. 806, §17 (amd).]
D.
[1993, c. 435, §3 (rp).]
E. The reapportionment committee shall thereupon be dissolved.
[1981, c. 693, §§5, 8 (new).]
[2003, c. 57, §1 (amd).]
11. Duties of present directors during reapportionment. The board of directors, during the reapportionment of its membership, shall serve as legal representatives of the district
until the reapportionment is completed. The board shall carry out all business of the district, including the borrowing of
necessary funds which may be required during the period of reapportionment.
[1981, c. 693, §§5, 8 (new).]
12. State board review of commissioner's decisions. A school administrative district or interested parties may request that the state board reconsider decisions made by the
commissioner in this section. The state board shall have the authority to overturn a decision made by the commissioner. In
exercising this power, the state board is limited by this section.
[1987, c. 395, Pt. A, §56 (new).]
13. Rules. The state board may adopt rules to carry out this section.
[1987, c. 395, Pt. A, §56 (new).]
Section History:
PL 1981,
Ch. 693,
§5,8
(NEW).
PL 1983,
Ch. 485,
§10
(AMD).
PL 1983,
Ch. 806,
§17
(AMD).
PL 1987,
Ch. 395,
§A53-A56
(AMD).
PL 1993,
Ch. 435,
§3
(AMD).
PL 2003,
Ch. 57,
§1
(AMD).
PL 2003,
Ch. 354,
§1,2
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 20-A - §1256. Powers and duties
Title 20-A: EDUCATION
Part 2: SCHOOL ORGANIZATION
Chapter 103: SCHOOL ADMINISTRATIVE DISTRICTS
Subchapter 3: SCHOOL DIRECTORS
§1256. Powers and duties
The board of directors:
[1981, c. 693, § § 5, 8 (new).]
1. School district name. May select an unofficial name for the district;
[1983, c. 485, § 11 (amd).]
2. Finance committee. May elect a 3-member finance committee whose members shall be directors;
[1981, c. 693, § § 5, 8 (new).]
3. Operating schools. May authorize and oversee the operation of elementary schools;
[2001, c. 588, §19 (amd).]
4. Purchase of land outside the district. May purchase land outside of the geographical limits of the district and erect a school on it if, because of the location
of other schools within the school district or transportation difficulties, a school within the district would not be in the
best interests of the district;
[1981, c. 693, § § 5, 8 (new).]
5. Bylaws. Shall adopt bylaws for the regulation of the affairs of the board and the conduct of its business;
[1981, c. 693, § § 5, 8 (new).]
6.
[1983, c. 422, § 3 (rp).]
7. Gifts. May accept and receive money or other property, outright or in trust, for any specified benevolent or educational purpose.
The board shall comply with the following in accepting gifts.
A. If the board receives written notice from a prospective donor or a representative of the donor, of a proposed gift, they
shall submit the matter to the next regular meeting of the board or shall call a special meeting. The board shall, within
10 days after the meeting, send written notice of its acceptance or rejection.
[1983, c. 806, § 18 (amd).]
B. If the gift is in trust, the board shall cause the trust funds to be deposited or invested according to Title 30-A, chapter
223, subchapter III-A.
(1) Unless prohibited by a trust instrument, the district may treat any 2 or more trust funds as a single fund for the purposes
of investment.
(2) After deduction for management expenses, any interest earned or capital gains realized must be prorated among the various
trust funds.
(3) Property or securities included in the corpus of a trust fund must be retained where the trust instrument so provides.
(4) Unless otherwise specified in the trust instrument, only the annual income from the trust fund may be spent.
(5) If the district fails to comply with the terms of the trust instrument, the trust fund reverts to the donor or the donor's
heirs.
[2001, c. 588, §20 (amd).]
C. If the money or other property is a conditional gift for any specified benevolent or educational purpose, the following
shall apply.
(1) Prior to the acceptance of a gift the board of directors shall obtain approval of the legislative body of the school
administrative district.
(2) When the donor's part of the agreement respecting the execution of the conditional gift has been completed, the district
shall perpetually comply with, and may raise money to carry into effect, the conditions upon which it was made.
(3) Unless otherwise specified by its terms, a conditional gift of money shall be deposited or invested according to Title
30-A, chapter 223, subchapter III-A.
[1987, c. 737, Pt. C, §§40, 106 (amd); 1989, c. 6 (amd); c. 9, §2 (amd); c. 104, Pt. C, §§8,10 (amd).]
[2001, c. 588, §20 (amd).]
Section History:
PL 1981,
Ch. 693,
§5,8
(NEW).
PL 1983,
Ch. 422,
§3
(AMD).
PL 1983,
Ch. 485,
§11
(AMD).
PL 1983,
Ch. 806,
§18
(AMD).
PL 1987,
Ch. 737,
§C39,C40, C106
(AMD).
PL 1989,
Ch. 6,
§
(AMD).
PL 1989,
Ch. 9,
§2
(AMD).
PL 1989,
Ch. 104,
§C8,C10
(AMD).
PL 2001,
Ch. 588,
§19,20
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 20-A - §1257. Quorum
Title 20-A: EDUCATION
Part 2: SCHOOL ORGANIZATION
Chapter 103: SCHOOL ADMINISTRATIVE DISTRICTS
Subchapter 3: SCHOOL DIRECTORS
§1257. Quorum
At least a majority of the board of directors in number and voting power shall be a quorum.
[1981, c. 693, § § 5, 8(new)]
Section History:
PL 1981,
Ch. 693,
§5,8
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 20-A - §1258. Program
Title 20-A: EDUCATION
Part 2: SCHOOL ORGANIZATION
Chapter 103: SCHOOL ADMINISTRATIVE DISTRICTS
Subchapter 3: SCHOOL DIRECTORS
§1258. Program
A school administrative district shall maintain a program which includes kindergarten to grade 12.
[1981, c. 693, § § 5, 8 (new).]
1. Secondary school. A district shall provide a secondary school facility as follows.
A. A district which enrolls more than 700 pupils in grades 9 to 12 may operate more than one 4-year school.
[1981, c. 693, § § 5, 8 (new).]
B. A district which enrolls less than 700 pupils in grades 9 to 12 shall provide grades 10 to 12 in one facility within 4 years
from the date of the district's formation.
[1981, c. 693, § § 5, 8 (new).]
C. Secondary school facilities may be operated as 4-year schools, a 6-year school for grades 7 to 12 or 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.
[1981, c. 693, § § 5, 8 (new).]
[1981, c. 693, § § 5, 8 (new).]
2. Contracts for secondary school programs. In addition to the provisions for a secondary school facility set forth in subsection 1, a district may contract with a nearby
school administrative unit or with a private school approved for tuition purposes for all or part of its secondary school
pupils. The contract may run from a period of 2 to 10 years. The contract shall also comply with section 2703 and may provide
for the formation of a joint committee in accordance with section 2704.
[1985, c. 797, § 14 (rpr).]
Section History:
PL 1981,
Ch. 693,
§5,8
(NEW).
PL 1983,
Ch. 859,
§A5,A25
(AMD).
PL 1985,
Ch. 797,
§14
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 20-A - §1301. Finances
Title 20-A: EDUCATION
Part 2: SCHOOL ORGANIZATION
Chapter 103: SCHOOL ADMINISTRATIVE DISTRICTS
Subchapter 4: FINANCING
§1301. Finances
A school administrative district may raise money for establishing and maintaining public schools, erecting buildings and providing
equipment.
[1981, c. 693, §§5, 8 (new).]
1. Methods of sharing costs. The costs of operating a school administrative district must be shared among all municipalities within the district in one
of the following ways.
A. Under a property valuation method, municipalities in a district shall share costs in the same proportion as each municipality's
fiscal capacity as defined in section 15672, subsection 23 is to the district's fiscal capacity.
[2005, c. 2, Pt. D, §3 (amd); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
B. Under an alternate plan approved by the state board and by a vote of the legislative bodies of the school administrative
units forming the district and based on:
(1) The number of resident pupils in each town;
(2) The fiscal capacity of each member municipality as defined in section 15672, subsection 23;
(3) Any combination of subparagraphs (1) and (2); or
(4) Any other factor or combination of factors that may, but need not, include subparagraphs (1) and (2).
[2005, c. 2, Pt. D, §4 (amd); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
C.
[2001, c. 375, §1 (rp).]
D. Notwithstanding paragraphs A and B, Title 30-A, chapter 208-A or any other provision of law, the state valuation used to
calculate the shared cost for each municipality in a district with a municipal incentive development zone must include the
increase in equalized just value of all industrial and commercial property located in the zone over the assessed value.
[1993, c. 696, §1 (new).]
[2005, c. 2, Pt. D, §§3, 4 (amd); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
2. Residents on federal property or state property. For the purposes of this chapter only, a district shall count students residing on land under the control of the Federal
Government, on a federal military reservation, or on state property, as residents of the district but not as residents of
a municipality.
[1985, c. 15 (amd).]
3. Amendment of cost-sharing formulas. The cost-sharing formula may be amended as follows.
A. If requested by a written petition of at least 10% of the number of voters voting in the last gubernatorial election within
the district, or if approved by a majority of the full board of directors, the board of directors shall hold at least one
meeting of municipal representatives to reconsider the method of sharing costs. The district shall give at least 15 days'
notice to each municipality comprising the district of any meeting.
[2001, c. 375, §2 (amd).]
B. Each member municipality must be represented at the meeting or meetings by 2 representatives chosen at large by its municipal
officers, and one member of the district board of directors chosen by the municipality's directors.
[2001, c. 375, §2 (amd).]
B-1. Prior to the first meeting of municipal representatives pursuant to paragraph A, the district shall engage the services
of a facilitator selected from the list maintained by the commissioner under subsection 4, paragraph C, subparagraph 1. The
facilitator shall:
(1) At the first meeting, review and present data and information pertaining to sharing of costs within the district. Pertinent
information may include, but is not limited to, the following:
(a) A description of the district's cost-sharing method, the elements involved in the calculation of each municipality's
costs and a graphic depiction of the current and historic distribution of costs in the district; and
(b) If withdrawal of one or more district members is under consideration, the financial and educational impact of the withdrawal;
(2) Solicit and prepare a balanced summary of the concerns of municipal officials, educators and the public about the current
method of cost sharing; and
(3) Develop a plan of action for consideration by the municipal representatives that responds to the information collected
and the concerns raised. The plan of action must include a list of expectations for the conduct of the parties, options for
proceeding and an assessment of the likely success of those options.
[2001, c. 375, §2 (new).]
C. A change in the method of sharing costs may only be approved by a majority vote of the municipal representatives present
and voting.
[2001, c. 375, §2 (amd).]
C-1. If a majority of the representatives from each municipality meeting pursuant to paragraph A are unable to agree on a recommendation
on what the cost-sharing method for the district should be, within 15 days following the last meeting a knowledgeable 3rd
party must be selected in accordance with rules adopted pursuant to subsection 4, paragraph C. The district is responsible
for compensating the 3rd party. The 3rd party shall:
(1) Prepare a written summary of the process to date, including an assessment of the fairness, accuracy and responsiveness
of the recommendations of the facilitator engaged pursuant to paragraph B-1;
(2) Prepare an impartial recommendation regarding changing the method of cost sharing; and
(3) Present the summary and recommendations to the municipal representatives for their consideration.
[2001, c. 375, §2 (new).]
C-2. At an advertised public hearing, the municipal representatives shall solicit public input on the 3rd party's recommendation
for cost sharing required under paragraph C-1 and any alternative method or methods proposed by municipal representatives.
[2001, c. 375, §2 (new).]
D. If a change in the cost-sharing method is approved by a majority of the municipal representatives meeting pursuant to paragraph
A, the change must be submitted to the voters at a district meeting. It becomes effective when approved by a majority vote
of the district in a district referendum called and held for this purpose in accordance with sections 1351 to 1354, except
that, if the proposed change is an alternative cost-sharing plan under subsection 1, paragraph B, subparagraph 4, the change
must be approved by a majority of voters voting in a referendum in each municipality in the district instead of in a district
referendum.
[2001, c. 375, §2 (amd).]
E. Assessments made by the school board thereafter must be made in accordance with the new method of sharing costs.
[2001, c. 375, §2 (amd).]
F. The secretary of the district shall notify the state board that the district has voted to change its method of sharing costs.
The state board shall issue an amended certificate of organization showing this new method of sharing costs.
[1981, c. 693, §§5, 8 (new).]
[2001, c. 375, §2 (amd).]
4. Departmental assistance. The department shall provide the following services relating to changing district cost-sharing methods:
A. The provision of information and data relating to cost sharing, including, but not limited to, a description of a district's
method of cost sharing, the total assessment, the per pupil cost and mils raised for education for district members and the
calculation of member costs. The information must be district-specific, comprehensive, easily understood by the general public,
presented in graphic and spreadsheet format and available over the Internet. Written copies of the information described
and additional information requested must be provided by the department upon receipt of a written request from a district
school board or the legislative body of any municipality member of a district;
[2001, c. 375, §3 (new).]
B. The provision of professional evaluation and assistance to districts and member municipalities considering changes in cost-sharing
methods; and
[2001, c. 375, §3 (new).]
C. The establishment and maintenance of lists of qualified, available individuals to assist districts considering changes in
cost-sharing methods as follows:
(1) Facilitators as required in subsection 3, paragraph B-1; and
(2) Knowledgeable 3rd parties as required in subsection 3, paragraph C-1.
In establishing the lists, the department shall seek input from the Maine Municipal Association and Maine School Management
Association or successor organizations. The department may adopt rules to define the qualifications, responsibilities and
selection of individuals on the lists. Rules adopted pursuant to this paragraph are routine technical rules as defined in
Title 5, chapter 375, subchapter II-A.
[2001, c. 375, §3 (new).]
[2001, c. 375, §3 (new).]
Section History:
PL 1981,
Ch. 693,
§5,8
(NEW).
PL 1985,
Ch. 15,
§
(AMD).
PL 1991,
Ch. 379,
§
(AMD).
PL 1991,
Ch. 802,
§1
(AMD).
PL 1993,
Ch. 410,
§F3
(AMD).
PL 1993,
Ch. 696,
§1
(AMD).
PL 2001,
Ch. 375,
§1-3
(AMD).
PL 2005,
Ch. 2,
§D3,4
(AMD).
PL 2005,
Ch. 2,
§D72,74
(AFF).
PL 2005,
Ch. 12,
§WW18
(AFF).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 20-A - §1302. Budget preparation
Title 20-A: EDUCATION
Part 2: SCHOOL ORGANIZATION
Chapter 103: SCHOOL ADMINISTRATIVE DISTRICTS
Subchapter 4: FINANCING
§1302. Budget preparation
The district budget shall be prepared as follows.
[1981, c. 693, § § 5, 8(new)]
1. Preparation by board. The board of directors shall annually prepare a budget for:
A. Operational costs;
[1981, c. 693, § § 5, 8(new)]
B. Bonds falling due;
[1981, c. 693, § § 5, 8(new)]
C. Interest on bonds or other obligations;
[1981, c. 693, § § 5, 8(new)]
D. Rentals and other charges in a contract;
[1981, c. 693, § § 5, 8(new)]
E. A lease or agreement with the Maine School Building Authority; and
[1981, c. 693, § § 5, 8(new)]
F. Temporary loans.
[1981, c. 693, § § 5, 8(new)]
[1981, c. 693, § § 5, 8(new)]
2. Distribution. At least 7 days before the district budget meeting, the board of directors shall make available to the legislative body
responsible for final budget approval and residents of the district, a detailed budget document. It shall include a summary
of anticipated revenues and estimated school expenditures.
[1981, c. 693, § § 5, 8(new)]
Section History:
PL 1981,
Ch. 693,
§5,8
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 20-A - §1303. Budget meeting
Title 20-A: EDUCATION
Part 2: SCHOOL ORGANIZATION
Chapter 103: SCHOOL ADMINISTRATIVE DISTRICTS
Subchapter 4: FINANCING
§1303. Budget meeting
The school board shall hold a district budget meeting at a time it determines.
[1981, c. 693, §§5, 8(new)]
1. Warrant. The budget meeting shall be called by a warrant. The warrant shall:
A. Be signed by a majority of the board of directors;
[1981, c. 693, §§5, 8(new)]
B. Specify the time and place of the meeting;
[1981, c. 693, §§5, 8(new)]
C. Include the proposed school budget and other articles the school board chooses to place before the voters, excluding authorization
to borrow money for school construction purposes unless the alternate voting procedures of section 1305 are employed;
[1999, c. 81, §1 (amd).]
D. Specify the state and local shares of the state-local allocation and local leeway and additional expenditures without state
participation; and
[1981, c. 693, §§5, 8(new)]
E. Be directed to a resident of the district by name ordering the resident to notify all voters within the district to assemble
at the time and place appointed.
[1981, c. 693, §§5, 8(new)]
[1999, c. 81, §1 (amd).]
2. Notice. An attested copy of the warrant shall be posted by the person to whom it is directed in some conspicuous public place in
each of the municipalities within the district at least 7 days before the meeting. The person who gives notice of the meeting
shall make a return of the posting on the warrant stating the manner of notice in each municipality and the time when it was
given.
[1981, c. 693, §§5, 8(new)]
3. Requested articles. If requested by a written petition of at least 10% of the number of voters voting for the gubernatorial candidates in the
last gubernatorial election in each municipality within the district, the board of directors shall place specific articles,
not in conflict with existing state statutes, in the warrants for consideration at the next annual district budget meeting.
To be included in the warrant a petition shall be received by the board of directors at least 15 days before the date set
for the budget meeting. When placed on the warrant, the articles shall be considered before action relating to the appropriation
of money for the operation of schools.
[1981, c. 693, §§5, 8(new)]
Section History:
PL 1981,
Ch. 693,
§5,8
(NEW).
PL 1999,
Ch. 81,
§1
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 20-A - §1304. Meeting procedures
Title 20-A: EDUCATION
Part 2: SCHOOL ORGANIZATION
Chapter 103: SCHOOL ADMINISTRATIVE DISTRICTS
Subchapter 4: FINANCING
§1304. Meeting procedures
The following procedures shall be used at a district meeting.
[1981, c. 693, § § 5, 8 (new).]
1. Election of moderator. The secretary of the board of directors, or when absent, the chairman of the school board, shall open the meeting and call
for the election of a moderator, receive and count votes for moderator and swear in the moderator.
[1981, c. 693, § § 5, 8 (new).]
2. Appointing ballot clerks. The moderator shall appoint from the certified voting list the ballot clerks necessary for the efficient operation of the
meeting. The clerks shall be sworn in by the moderator.
[1981, c. 693, § § 5, 8 (new).]
3. Budget consideration. The budget shall be thoroughly explained. The voters shall have an opportunity to be heard. The voters may change only
items dealing with:
A. The expenses necessary to operate the school administrative district;
[1981, c. 693, §§5, 8 (new).]
B. Appropriations for the reserve fund; or
[1981, c. 693, §§5, 8 (new).]
C. Appropriations for the contingency fund and school construction purposes.
[1981, c. 693, §§5, 8 (new).]
[1981, c. 693, §§5, 8 (new).]
4. Approval. A majority vote of those voters present and voting shall be necessary for the approval of the annual budget.
[1981, c. 693, §§5, 8 (new).]
5. Voting lists. Registration of voters for the annual budget meeting shall be held in each member municipality in accordance with Title
21-A, section 122.
A. Prior to the annual budget meeting, the municipal clerks of the member municipalities shall supply to the board of directors
a certified corrected copy of the registered voters of their municipality.
[1981, c. 693, § § 5, 8 (new).]
B. The lists shall be used in determining the voters who are eligible to vote at the annual budget meeting.
[1981, c. 693, § § 5, 8 (new).]
[1989, c. 502, Pt. A, §50 (amd).]
6. Written ballot. An article must be voted on by written ballot if at least 10% of those present and voting vote to use a written ballot.
The department, in consultation with municipal and school officials and with organizations representing those officials,
shall develop and distribute guidelines to assist district budget meeting moderators in explaining and implementing this subsection.
[1999, c. 710, §2 (rpr).]
Section History:
PL 1981,
Ch. 693,
§5,8
(NEW).
PL 1983,
Ch. 770,
§1
(AMD).
PL 1989,
Ch. 502,
§A50
(AMD).
PL 1999,
Ch. 710,
§2
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 20-A - §1305-A. Cost center summary alternative budget format
Title 20-A: EDUCATION
Part 2: SCHOOL ORGANIZATION
Chapter 103: SCHOOL ADMINISTRATIVE DISTRICTS
Subchapter 4: FINANCING
§1305-A. Cost center summary alternative budget format
Notwithstanding section 1302, 1305, 1306, 1307 or 15617, after January 31, 2001, the format of the annual budget of a school
administrative district may be changed only in accordance with this section and section 1305-B.
[1999, c. 710, §5 (new).]
1. Cost center summary budget format. The school administrative district budget must consist of the following cost centers and supporting data:
A. Expenditures:
(1) Prekindergarten to grade 12 instruction;
(2) Instructional support;
(3) Leadership;
(4) Operations;
(5) Transportation; and
(6) Other commitments;
[1999, c. 710, §5 (new).]
B. Revenue sources:
(1) Total education costs appropriated pursuant to section 15690, subsection 1;
(2) Non-state-funded debt service costs approved pursuant to section 15690, subsection 2, if any; and
(3) Additional local funds, if any, approved pursuant to section 15690, subsection 3, paragraph A or B;
[2005, c. 12, Pt. WW, §1 (amd).]
C. A summary of total school administrative district expenditures; and
[1999, c. 710, §5 (new).]
D. Other optional local data showing the amount and percentage of changes proposed in the state allocation, the local share
and the total school administrative district budget and related information determined appropriate by the board of directors.
[1999, c. 710, §5 (new).]
[2005, c. 12, Pt. WW, §1 (amd).]
2. Budget warrant. The warrant articles presented to the legislative body of the school administrative district for approval of the school
administrative district budget must correspond to the categories of the cost center summary budget described in subsection
1. In addition to expenditure and revenue cost center summary totals, the board of directors shall provide to voters a reasonably
detailed breakdown for each major subcategory within each budget category. The department shall adopt routine technical rules
pursuant to Title 5, chapter 375, subchapter II-A defining and establishing the content of those informational subcategories.
[1999, c. 710, §5 (new).]
3. Approval of cost center summary budget format. An article to establish the cost center summary budget format may be placed on a warrant for a referendum vote by either
a majority vote of the board of directors or a written petition filed with the board of directors by at least 10% of the number
of voters voting in the last gubernatorial election in the municipalities in the school administrative district. The board
of directors shall place the article on the next scheduled warrant or an earlier one if determined appropriate by the board
of directors. If adopted by the voters, the cost center summary budget format takes effect in the next budget year or in
the following budget year if the approval occurs less than 90 days before the start of the next budget year. Once adopted
by the voters, the cost center summary budget format may not be changed. In a school administrative district using the district
budget meeting process provided in sections 1303 and 1304 or a budget format other than one established by the school administrative
district voters under section 1306, the cost center summary budget format may be adopted and subsequently amended or repealed
by majority vote of the board of directors.
[1999, c. 710, §5 (new).]
4. Budget approval. A school administrative district's cost center summary budget must be approved at a school administrative district budget
meeting as provided in sections 1303 and 1304 or by a district budget meeting and budget validation referendum as provided
in section 1305-B.
[1999, c. 710, §5 (new).]
5. Transfer between budget cost center lines. During the year for which the budget is approved using the cost center summary budget format, the board of directors may
transfer an amount not exceeding 5% of the total appropriation for any cost center to another cost center or among other cost
centers without voter approval.
[1999, c. 710, §5 (new).]
Section History:
PL 1999,
Ch. 710,
§5
(NEW).
PL 2005,
Ch. 12,
§WW1
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 20-A - §1305-B. Budget validation referendum
Title 20-A: EDUCATION
Part 2: SCHOOL ORGANIZATION
Chapter 103: SCHOOL ADMINISTRATIVE DISTRICTS
Subchapter 4: FINANCING
§1305-B. Budget validation referendum
Notwithstanding sections 1302, 1305, 1306, 1307 and 15617, after January 31, 2001, the procedure for approval of the annual
budget of a school administrative district provided under sections 1304 and 1305 may be changed only in accordance with this
section and section 1305-A. The budget validation referendum process provided in this section may not be adopted for use
in a school administrative district unless the cost center summary budget format provided in section 1305-A is also adopted.
A school administrative district using the alternative voting procedures established in section 1305 may reconsider that
use only if as part of that reconsideration the voters adopt use of the cost center summary budget format provided in section
1305-A or the cost center summary budget format and the budget validation referendum process provided in this section.
[1999, c. 710, §5 (new).]
1. Budget validation. Following development of the annual school administrative district budget and approval at a district budget meeting as provided
in section 1305-A, a referendum may be held in the school administrative district as provided in this section to allow the
voters to validate or reject the total budget adopted at the district budget meeting.
[1999, c. 710, §5 (new).]
2. Approval of budget validation referendum process. An article to establish the budget validation referendum process or the cost center summary budget format together with
the budget validation referendum process may be placed on a warrant for a referendum vote by either a majority vote of the
board of directors or a written petition filed with the board of directors by at least 10% of the number of voters voting
in the last gubernatorial election in the municipalities in the school administrative district. The board of directors shall
place the article on the next scheduled warrant or an earlier one if determined appropriate by the board of directors. If
adopted by the voters, the cost center summary budget format or the budget validation referendum process takes effect beginning
in the next budget year or the following budget year if the adoption occurs less than 90 days before the start of the next
budget year. Once approved by the voters, the cost center summary budget format and the budget validation referendum process
may not be changed.
[1999, c. 710, §5 (new).]
3. Validation referendum procedures. The budget validation referendum must be held on the 3rd day, other than Saturday, Sunday or a legal holiday, following
the scheduled date of the district budget meeting. The vote at referendum is for the purpose of approving or rejecting the
total district budget approved at the district budget meeting. The board of directors 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
board of directors for each cost center summary budget category article, the amount approved at the district budget meeting
and a summary of the total authorized expenditures.
If approved by the voters of the school administrative district, an advisory question may be added to the budget validation
referendum ballot allowing voters to indicate whether they find the budget too high or too low. The issue of whether to place
the advisory question on the ballot may be considered by the voters as part of the adoption of the budget validation referendum
process or may be submitted to the voters separately for approval following the procedures described in subsection 2.
[1999, c. 710, §5 (new).]
4. Budget validation referendum voting. The method of calling and voting at a budget validation referendum is as provided in sections 1352 and 1353, 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.
[1999, c. 710, §5 (new).]
B. The warrant for a district budget meeting to be followed by a budget validation referendum may be a consolidated warrant
covering both.
[1999, c. 710, §5 (new).]
C. The warrant and absentee ballots must be delivered to the municipal clerk at least 7 days before the date of the district
budget meeting.
[1999, c. 710, §5 (new).]
D. Absentee ballots received by the municipal clerk may not be processed or counted unless received after the conclusion of
the district budget meeting and before the close of the polls.
[1999, c. 710, §5 (new).]
E. All envelopes containing absentee ballots received before the conclusion of the district budget meeting or after the close
of the polls must be marked "rejected" by the municipal clerk.
[1999, c. 710, §5 (new).]
F. The article to be voted on must be in one of the following forms.
(1) In school administrative districts that have not approved inclusion on the ballot of the advisory question described
in subsection 3, the article must be substantially as follows.
p align="center">"Shall the School Administrative District No. budget for the school year that was adopted at the district budget
meeting on be approved?
p align="center">Yes No"
p align="center">(2) In school administrative districts that have approved the inclusion on the ballot of the advisory question described
in subsection 3, the article must be substantially as follows.
p align="center">"Shall the School Administrative District No. budget for the school year that was adopted at the district budget
meeting on be approved?
p align="center">Yes No"
p align="center">The following is a nonbinding expression of opinion for the consideration of the school administrative district board of directors.
p align="center">"I find the budget adopted at the district budget meeting to be:
p align="center">Too high Too low"
[1999, c. 710, §5 (new).]
[1999, c. 710, §5 (new).]
5. Failure to approve budget. If the voters do not validate the budget approved in the district budget meeting at the budget validation referendum vote,
the board of directors shall hold another district budget meeting in accordance with sections 1303 and 1304 at least 10 days
after the referendum to vote on a budget approved by the board of directors. The budget approved at the district 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 district budget meeting and validated at referendum. If a budget is not approved and validated
before July 1st of each year, section 1308 applies.
[1999, c. 710, §5 (new).]
6. Reconsideration of budget validation referendum process. Every 3 years, school administrative districts that have accepted the budget validation referendum process shall consider
continued use of the 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.
[1999, c. 710, §5 (new).]
Section History:
PL 1999,
Ch. 710,
§5
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 20-A - §1305. Alternative voting procedures
Title 20-A: EDUCATION
Part 2: SCHOOL ORGANIZATION
Chapter 103: SCHOOL ADMINISTRATIVE DISTRICTS
Subchapter 4: FINANCING
§1305. Alternative voting procedures
If requested before January 31, 2001 by a written petition of at least 10% of the number of voters voting in the last gubernatorial
election in the municipalities within the district, the board of directors shall cause the following article to be voted on
by the voters of the member municipalities.
p align="center">"Shall School Administrative District No..... require that the voting at future district budget meetings and special district
budget meetings be done by referendum within each member municipality of the district instead of using the district meeting
procedure?
p align="center">Yes No "
[1999, c. 710, §3 (amd).]
1. Procedure. The procedure for voting on the article shall be as follows.
A. On receipt of a request and if the request complies with the requirement of this section, the board of directors shall immediately
notify the municipal officers within the district of the receipt of the request.
[1981, c. 693, §§5, 8 (new).]
B. The municipal officers of each municipality within the district shall then cause the article to be placed on the ballots
for that municipality for the next statewide election occurring at least 45 days after the date on which the municipal officers
received the notice.
[1983, c. 485, §12 (amd).]
C. The warrants, notices and voting procedures to be followed within a municipality, including absentee voting procedures,
shall be the same as those provided in Title 21-A, except that the duties of the Secretary of State shall be performed by
the board of directors.
[1989, c. 502, Pt. A, §51 (amd).]
D. Municipal clerks shall, within 24 hours of the determination of the results of the vote in their municipality, certify to
the board of directors the total number of votes cast in the affirmative and in the negative on the article.
[1981, c. 693, §§5, 8 (new).]
E. As soon as all of the results from all of the municipalities have been returned to the board of directors, the board shall
meet and compute the total number of votes cast in the affirmative and in the negative on the article in all of the municipalities
within the district.
[1981, c. 693, §§5, 8 (new).]
F. If the board of directors determines that there were more votes cast in the affirmative than there were in the negative
on the article, they shall declare that the article has passed.
[1981, c. 693, §§5, 8 (new).]
G. If the board of directors determines that the total number of votes cast on the article in the affirmative is equal to or
less than those in the negative, they shall declare that the article has not passed.
[1981, c. 693, §§5, 8 (new).]
H. The board of directors shall enter their declaration and computations in their records and send certified copies of it to
the municipal clerk of each municipality within the district.
[1981, c. 693, §§5, 8 (new).]
[1989, c. 502, Pt. A, §51 (amd).]
2. Application. Following the board of director's declaration that the article has passed, the board shall cause the voting at all future
district budget meetings and to be called within each municipality within the district. The voting must be held in accordance
with the procedures set out in sections 1351 to 1354, except that the warrant and absentee ballots for the meeting must be
prepared and distributed to the municipal clerks at least 14 days prior to the date of the referendum. The board may hold
informational meetings on voting procedure and budget prior to voting. The board shall be responsible for the form of the
articles to be voted on in the municipalities, except as otherwise provided by law.
[1993, c. 372, §1 (amd).]
3. Failure to approve a budget. If the budget or a portion of the budget fails to receive a majority vote at the referendum, the board of directors shall
decide in a public proceeding whether subsequent votes on the portion of the budget that was defeated must be conducted in
accordance with the referendum procedure in subsection 2 or at a district budget meeting held at a single place in the district
in accordance with procedures in sections 1303 and 1304. Subsequent votes conducted in accordance with the referendum procedure
in subsection 2 must be held within 45 days. Subsequent votes conducted in accordance with sections 1303 and 1304 must be
held within 30 days. These referenda or meetings must be held solely for the purpose of approving an alternative operating
school budget to replace the part of the proposed budget that the voters failed to approve. The board may continue in this
manner until an alternative budget is adopted.
[1993, c. 372, §2 (amd).]
4. Reconsideration of alternative voting procedure.
[1999, c. 710, §4 (rp).]
Section History:
PL 1981,
Ch. 693,
§5,8
(NEW).
PL 1983,
Ch. 422,
§4
(AMD).
PL 1983,
Ch. 485,
§12
(AMD).
PL 1983,
Ch. 639,
§1,2
(AMD).
PL 1983,
Ch. 770,
§2,3
(AMD).
PL 1987,
Ch. 637,
§1,2
(AMD).
PL 1989,
Ch. 502,
§A51
(AMD).
PL 1993,
Ch. 372,
§1,2
(AMD).
PL 1999,
Ch. 710,
§3,4
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 20-A - §1306. Budget format
Title 20-A: EDUCATION
Part 2: SCHOOL ORGANIZATION
Chapter 103: SCHOOL ADMINISTRATIVE DISTRICTS
Subchapter 4: FINANCING
§1306. Budget format
The board of directors shall determine the budget format unless it is established by the district voters.
[1989, c. 414, §4 (amd).]
1. Petition. An article establishing the budget format may be placed on the next warrant if authorized by a majority vote of the board
or if a written petition of at least 10% of the number of voters voting in the last gubernatorial election in the municipalities
within the district has been presented to the board.
[1989, c. 414, §4 (amd).]
2. Meeting. A school budget format may be established by the district voters if the lesser of either 20% of the number of registered
voters or 200 registered voters vote on an appropriate warrant article and a majority approve it. The meeting shall be called
and held as provided for budget meetings under sections 1303 and 1304 or under sections 1351 to 1354 if the directors so choose
or if the voting at district budget meetings is done within each member municipality.
[1989, c. 414, §4 (amd).]
3. Effective date. A change in budget format shall be voted on at least 90 days prior to the budget year for which that change is to be effective.
[1981, c. 693, § § 5, 8(new)]
Section History:
PL 1981,
Ch. 693,
§5,8
(NEW).
PL 1989,
Ch. 414,
§4
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 20-A - §1307. Specific line budgets
Title 20-A: EDUCATION
Part 2: SCHOOL ORGANIZATION
Chapter 103: SCHOOL ADMINISTRATIVE DISTRICTS
Subchapter 4: FINANCING
§1307. Specific line budgets
If the school budget format requires specific line categories, then in preparing the warrant and conducting the budget meeting,
the following shall apply.
[1981, c. 693, §§5, 8 (new).]
1. Separate articles. Each category shall be included in a separate warrant article.
[1981, c. 693, §§5, 8 (new).]
2. Transfer. Unless authorized by the voters, the board of directors may not transfer funds between line item categories.
[1981, c. 693, §§5, 8 (new).]
3. Summary action. To summarize the action taken on the school budget for the purposes of determining state and local cost sharing, the articles
prescribed in chapter 606-B must also be voted upon.
[2005, c. 2, Pt. D, §5 (amd); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
4. Budget explanation. The warrant may include an explanation of the relationship between warrant articles authorizing specific line item expenditures
as provided in subsection 1 and the articles prescribed in chapter 606-B summarizing the budget proposal.
[2005, c. 2, Pt. D, §6 (amd); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
Section History:
PL 1981,
Ch. 693,
§5,8
(NEW).
PL 1983,
Ch. 485,
§13
(AMD).
PL 1997,
Ch. 68,
§1,2
(AMD).
PL 2005,
Ch. 2,
§D5,6
(AMD).
PL 2005,
Ch. 2,
§D72,74
(AFF).
PL 2005,
Ch. 12,
§WW18
(AFF).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 20-A - §1308. Failure to pass budget
Title 20-A: EDUCATION
Part 2: SCHOOL ORGANIZATION
Chapter 103: SCHOOL ADMINISTRATIVE DISTRICTS
Subchapter 4: FINANCING
§1308. Failure to pass budget
If a budget for the operating of the district is not approved prior to July 1st, the latest budget as submitted by the board
of directors is automatically considered the budget for operational expenses for the ensuing year until a final budget is
approved, except that, when the school board delays the school budget meeting in accordance with section 15693, subsection
2, paragraph C, the operating budget must be approved within 30 days of the date the commissioner notifies the school board
of the amount allocated to the school unit under section 15689-B or the latest budget submitted by the directors becomes the
operating budget for the next school year.
[2005, c. 2, Pt. D, §7 (amd); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
Section History:
PL 1981,
Ch. 693,
§5,8
(NEW).
PL 1991,
Ch. 429,
§3
(AMD).
PL 1999,
Ch. 710,
§6
(AMD).
PL 2005,
Ch. 2,
§D7
(AMD).
PL 2005,
Ch. 2,
§D72,74
(AFF).
PL 2005,
Ch. 12,
§WW18
(AFF).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 20-A - §1309. Special budget meeting
Title 20-A: EDUCATION
Part 2: SCHOOL ORGANIZATION
Chapter 103: SCHOOL ADMINISTRATIVE DISTRICTS
Subchapter 4: FINANCING
§1309. Special budget meeting
The school board may call a special budget meeting when it declares an emergency exists. The voters of the district may authorize
the directors at a special district budget meeting to expend additional funds from the district's undesignated fund balance
or to pledge the credit of the district to obtain additional money for the operation of schools. The special budget meeting
must be held in accordance with sections 1302 to 1307.
[1993, c. 372, §3 (amd).]
Section History:
PL 1981,
Ch. 693,
§5,8
(NEW).
PL 1983,
Ch. 806,
§19
(AMD).
PL 1993,
Ch. 372,
§3
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 20-A - §1310. District assessments
Title 20-A: EDUCATION
Part 2: SCHOOL ORGANIZATION
Chapter 103: SCHOOL ADMINISTRATIVE DISTRICTS
Subchapter 4: FINANCING
§1310. District assessments
District assessments shall follow these procedures.
[1981, c. 693, §§5, 8 (new).]
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 board of directors shall issue its warrants to the assessors of each member
municipality requiring them to assess upon the taxable estates within the municipality an amount which is that municipality's
share of the district's costs.
[1983, c. 485, §14 (amd).]
2. Commitment. The municipal assessors shall commit the assessment to the constable or collector. Constables and collectors shall have
the authority and powers to collect the district's taxes as is vested in them by law to collect state, county and municipal
taxes.
[1981, c. 693, §§5, 8 (new).]
3. Installments. The board of directors shall notify the member municipalities of the monthly installments that will become payable during
the fiscal year.
[1981, c. 693, §§5, 8 (new).]
4. Payment. A municipal treasurer shall pay the amount of the tax assessed in the fiscal year against the municipality to the treasurer
of the district. The payments shall be paid in monthly installments on or before the 20th of each month.
[1981, c. 693, §§5, 8 (new).]
5. Gifts. A municipality may use the proceeds from gifts or trust funds allocated for educational purposes to pay its share of the
assessment.
[1981, c. 693, §§5, 8 (new).]
6. Enforcement. If a municipal treasurer fails to pay the installment due, or any part, on the dates required, to initiate collection procedures,
the treasurer of the school administrative district may notify the municipal treasurer of the failure to pay. Interest accrues
on each unpaid installment at the rate established under Title 36, section 186 beginning on the 60th day after the date the
installment is due under subsection 4. If payment of an installment is not made within 60 days after the due date, the treasurer
of the district may initiate an action in Superior Court to compel payment of the delinquent installment. The court shall
determine the amount owed by the municipality to the district and shall order the municipal treasurer to pay all delinquent
installments, accrued interest and any court costs and reasonable attorney's fees incurred by the district. To ensure prompt
payment of the delinquent installments, the court may require that amounts due to the municipality from the State under Title
30-A, section 5681 and Title 36, sections 578 and 685 be paid to the district until the amount determined by the court is
satisfied. The court shall promptly notify the disbursing state agency of the determination and direct the agency to make
the required change in payee and the amounts to be paid. If additional funds are needed to satisfy the amount determined
by the court to be paid to the district, the court may order the attachment or trustee process and sale of real or personal
property owned by the municipality or the attachment of the municipality's bank accounts or require property tax payments
to the municipality to be turned over to the court and may pay the amount owed the district from the proceeds and return any
excess to the municipality.
[2003, c. 212, §1 (rpr).]
Section History:
PL 1981,
Ch. 693,
§5,8
(NEW).
PL 1983,
Ch. 485,
§14
(AMD).
PL 2003,
Ch. 212,
§1
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 20-A - §1311. Power to borrow money
Title 20-A: EDUCATION
Part 2: SCHOOL ORGANIZATION
Chapter 103: SCHOOL ADMINISTRATIVE DISTRICTS
Subchapter 4: FINANCING
§1311. Power to borrow money
A school administrative district may borrow money as follows.
[1981, c. 693, §§5, 8 (new).]
1. Board of directors. The board of directors may borrow money to pay for:
A. Current operating expenses of the district if the loans are repaid within 13 months of the date of borrowing and are limited
to an amount reasonably required for current operating expenses;
[1991, c. 121, Pt. A, §2 (amd).]
B. School construction projects as defined in section 15901; and
[1983, c. 422, §5 (amd).]
C. Minor capital costs as defined in section 15672, subsection 20-A.
[2005, c. 2, Pt. D, §8 (amd); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
[2005, c. 2, Pt. D, §8 (amd); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
2. Voter approval. Bonds or notes for school construction purposes shall first be approved by a majority of voters of the district voting at
an election called by the board of directors and held as provided in sections 1351 to 1354, except as is otherwise provided
in this section.
A. Each bond or note shall have inscribed upon its face the name of the district, the date it was issued, the amount of the
bond or note and the annual interest rate, payable semiannually. Each bond or note shall be in the form and be sold in the
manner, at public or private sale, as the board of directors shall determine in accordance with state law. Bonds may not
be sold for less than par.
[1981, c. 693, §§5, 8 (new).]
B. Notes or bonds issued by a district shall be signed by the treasurer or assistant superintendent and countersigned by the
chairman of the board of directors of the district. If coupon bonds are issued, each coupon shall be attested by a facsimile
signature of the treasurer.
[1981, c. 693, §§5, 8 (new).]
C. Each issue of bonds shall mature in substantially equal annual installments so that the first installment shall be payable
not later than 2 years and the last installment not later than 25 years after the date of issue.
[1981, c. 693, §§5, 8 (new).]
[1985, c. 797, §15 (amd).]
3. Temporary notes. Prior to issuing authorized school construction bonds or notes, the board of directors may borrow in anticipation of their
sale by issuing temporary notes and renewal notes subject to the following.
A. Their total face value amount may not exceed at any one time the authorized outstanding amount of the school construction
bonds or notes.
[1981, c. 693, §§5, 8 (new).]
B. If the proceeds of an issue of bonds are used in whole or in part to fund temporary notes, the period during which the issue
of bonds shall be outstanding plus the period of the loan represented by the temporary notes or renewals shall not exceed
25 years.
[1981, c. 693, §§5, 8 (new).]
C. Temporary notes shall mature not later than 3 years from the date the first temporary note is issued.
[1981, c. 693, §§5, 8 (new).]
D. Temporary notes and renewal notes shall be legal obligations of the district.
[1981, c. 693, §§5, 8 (new).]
E. The board of directors of a district which has received a certificate of approval of a school construction project pursuant
to Title 20, section 3458 to be paid in accordance with the alternate method prescribed in Title 20, section 3460, may borrow
in anticipation of unpaid portions of state aid and may issue temporary and renewal notes.
[1981, c. 693, §§5, 8 (new).]
F. If the temporary or renewal notes in anticipation of state aid exceed the aggregate amount of state aid actually received
by the district, the unexpended balance of those notes shall be used for the repayment. If an outstanding balance remains,
it shall be included in the next annual budget and shall not be subject to change at the district budget meeting.
[1981, c. 693, §§5, 8 (new).]
[1981, c. 693, §§5, 8 (new).]
4. Early redemption. Bonds or notes issued on behalf of a district may be made subject to call for redemption, with or without premium, at the
election of the board of directors before the date fixed for final payment of those bonds or notes. When these bonds or notes
are issued, they shall contain provisions setting forth the method by which the option to call may be exercised, the procedure
for payment in the event of call and the legal effect of making the call.
[1981, c. 693, §§5, 8 (new).]
5. District status. Notes and bonds, and loans to pay current operating expenses, contracts, leases and agreements with the Maine School Building
Authority, shall be legal obligations of the district. The district shall be a quasi-municipal corporation within the meaning
of Title 30-A, section 5701 and all the provisions of that section shall be applicable to them.
[1987, c. 737, Pt. C, §§41, 106 (amd); 1989, c. 6 (amd); c. 9, §2 (amd); c. 104, Pt. C, §§8,10 (amd).]
6. Debt limit. The aggregate principal amount of outstanding bonds or notes issued by a district for school construction purposes shall
not exceed, at any one time, 10% of the total of the last preceding state valuation of all the municipalities within the district,
plus an amount not to exceed 4% of that total district valuation set by the state board at the time of the initial approval
of the school construction project.
A. Indebtedness in excess of 10% incurred under the law as it existed prior to April 1, 1974, is validated.
[1981, c. 693, §§5, 8 (new).]
B. Outstanding school indebtedness assumed by the district shall be included in its limit of indebtedness, excluding contracts,
leases or agreements with the Maine School Building Authority and notes in anticipation of state aid issued pursuant to subsection
3.
[1981, c. 693, §§5, 8 (new).]
C. The percentage limit of the indebtedness for bonds or notes for school construction purposes authorized after April 27,
1967 shall be fixed as of the time of authorization by the voters or, if no district meeting is held to authorize those bonds
or notes, upon the expiration of 35 days following passage of a resolution of the board of directors as described in subsection
7.
[1981, c. 693, §§5, 8 (new).]
D. If the issuance of bonds or notes together with all outstanding indebtedness included within the district's limit of indebtedness
would cause the district's indebtedness to exceed 10% of the total of the last preceding state valuation of all the municipalities
within the district, the board of directors shall not issue those bonds or notes until they have received a certificate of
approval pursuant to Title 20, section 3458.
[1981, c. 693, §§5, 8 (new).]
E. If a certificate of approval indicates that the state board has authorized state aid to be paid in accordance with the alternate
method prescribed by Title 20, section 3460, the total estimated amount of state aid payable on account of the school construction
project described in the certificate of approval shall be treated as outstanding school indebtedness for the purpose of computing
the borrowing capacity of the district to finance that project by issuing its bonds or notes. State aid shall be determined
by applying the applicable percentage of state aid to the total estimated cost of the project, as set forth in the certificate
of approval.
[1981, c. 693, §§5, 8 (new).]
[1981, c. 693, §§5, 8 (new).]
7. Bonds and notes under 1% of valuation. The board of directors may issue bonds or notes not to exceed 1% of the last preceding state valuation of all the municipalities
within the district:
A. By calling a district meeting to approve the issuance of those bonds or notes as provided in section 1304; or
[1981, c. 693, §§5, 8 (new).]
B. By passing a resolution to that effect, setting forth the amount of the proposed issue and the purposes for which the proceeds
will be used and meeting the following requirements.
(1) The secretary of the board shall, within 5 days of the date of the passage of the resolution, cause attested copies of
the resolution to be posted in 3 public and conspicuous places within each of the municipalities within the district. The
secretary shall make a return of the posting stating its time and place. The return shall be kept with the records of the
district and a copy of the return shall be mailed to each of the municipal officers of each municipality within the district.
(2) If, within 35 days of the date of the passage of the resolution, petitions with signatures of at least 10% of the residents
in the district eligible to vote on the date that the resolution was adopted, are filed with the secretary requesting a vote
of the district to approve or disapprove the issuance of the bonds or notes, the secretary shall immediately notify the board.
They shall call an election for that purpose as set forth in sections 1351 to 1354.
(3) The board shall not authorize bonds or notes by resolution if the amount of the proposed issue, together with the amount
of any other bonds or notes authorized solely by resolution and which are for the same purpose, exceeds 1% of the total of
the last state valuation of all the participating municipalities.
[1981, c. 693, §§5, 8 (new).]
[1981, c. 693, §§5, 8 (new).]
Section History:
PL 1981,
Ch. 693,
§5,8
(NEW).
PL 1983,
Ch. 422,
§5
(AMD).
PL 1985,
Ch. 797,
§15
(AMD).
PL 1987,
Ch. 737,
§C41,C106
(AMD).
PL 1989,
Ch. 6,
§
(AMD).
PL 1989,
Ch. 9,
§2
(AMD).
PL 1989,
Ch. 104,
§C8,C10
(AMD).
PL 1991,
Ch. 121,
§A2
(AMD).
PL 1993,
Ch. 372,
§4
(AMD).
PL 2005,
Ch. 2,
§D72,74
(AFF).
PL 2005,
Ch. 2,
§D8
(AMD).
PL 2005,
Ch. 12,
§WW18
(AFF).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 20-A - §1312. Reserve fund
Title 20-A: EDUCATION
Part 2: SCHOOL ORGANIZATION
Chapter 103: SCHOOL ADMINISTRATIVE DISTRICTS
Subchapter 4: FINANCING
§1312. Reserve fund
School administrative districts may establish a reserve fund as follows.
[1989, c. 132, §1 (amd).]
1. Establishment. A school administrative district may establish a reserve fund for school construction projects, financing the acquisition
or reconstruction of a specific or type of capital improvement or financing the acquisition of a specific item or type of
capital equipment by including a request in the district budget and receiving voter approval. The board of directors shall
be the trustee of the reserve fund. The reserve fund shall be deposited or invested by the treasurer under the direction
of the board.
[1989, c. 132, §2 (amd).]
2. Deposit or investment. All district funds, including reserve funds and trust funds to the extent that the terms of the instrument or vote creating
the fund do not prohibit, shall be deposited or invested by the treasurer under the direction of the board of directors according
to the requirements for the deposit or investment of municipal funds contained in Title 30-A, chapter 223, subchapter III-A.
[1987, c. 737, Pt. C, §§42, 106 (amd); 1989, c. 6 (amd); c. 9, §2 (amd); c. 104, Pt. C, §§8,10 (amd).]
3. Expending moneys from reserve funds. The board of directors may expend the sum in the reserve fund when authorized to do so by a vote of the district at a district
meeting or a district budget meeting, when an article for that purpose is set out in the warrant calling the meeting.
[1981, c. 693, § § 5, 8 (new).]
Section History:
PL 1981,
Ch. 693,
§5,8
(NEW).
PL 1983,
Ch. 98,
§1
(AMD).
PL 1987,
Ch. 737,
§C42,C106
(AMD).
PL 1989,
Ch. 6,
§
(AMD).
PL 1989,
Ch. 9,
§2
(AMD).
PL 1989,
Ch. 104,
§C8,C10
(AMD).
PL 1989,
Ch. 132,
§1,2
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 20-A - §1313. Disposal of property (REPEALED)
Title 20-A: EDUCATION
Part 2: SCHOOL ORGANIZATION
Chapter 103: SCHOOL ADMINISTRATIVE DISTRICTS
Subchapter 4: FINANCING
§1313. Disposal of property (REPEALED)
Section History:
PL 1981,
Ch. 693,
§5,8
(NEW).
PL 1983,
Ch. 422,
§6
(RP ).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 20-A - §1314. Bid procedure
Title 20-A: EDUCATION
Part 2: SCHOOL ORGANIZATION
Chapter 103: SCHOOL ADMINISTRATIVE DISTRICTS
Subchapter 4: FINANCING
§1314. Bid procedure
The following shall apply to bids.
[1981, c. 693, § § 5, 8 (new).]
1. Written bids. Bids shall be in writing, sealed with outside envelope or wrapper plainly marked "Bid, not to be opened until (with appropriate
date inserted)," and mailed to or filed with the superintendent of the unit.
[1981, c. 693, § § 5, 8 (new).]
2. Time of opening. A director or employee of the school administrative district may not open a bid until the appointed time.
[1981, c. 693, § § 5, 8 (new).]
3. Public opening. At the time and place stated in the public notice, and open to the public, all bids shall be opened by the superintendent
or, in the superintendent's absence or disability, by any director designated for the purpose by the chairman of the board
of directors.
[1983, c. 806, § 20 (amd).]
4. Reading. If any citizens who are not school administrative district directors or employees, or if any representatives of the press
are present, bids shall at the time either be made available for examination by them or shall be read aloud in a manner to
be heard plainly by those in attendance.
[1981, c. 693, § § 5, 8 (new).]
5. Exceptions.
[1983, c. 422, § 7 (rp).]
Section History:
PL 1981,
Ch. 693,
§5,8
(NEW).
PL 1983,
Ch. 422,
§7
(AMD).
PL 1983,
Ch. 806,
§20
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 20-A - §1315. Void contracts
Title 20-A: EDUCATION
Part 2: SCHOOL ORGANIZATION
Chapter 103: SCHOOL ADMINISTRATIVE DISTRICTS
Subchapter 4: FINANCING
§1315. Void contracts
A contract made by the school directors in a school administrative district during the term of a member who is pecuniarily
interested in that contract, either directly or indirectly, shall be void, unless the board of directors has advertised for
sealed bids for that contract and that advertisement for sealed bids has been published at least 5 days prior to the date
set for closing of bids in a newspaper having general circulation within the school administrative unit.
[1981, c. 693, § § 5, 8(new)]
Section History:
PL 1981,
Ch. 693,
§5,8
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 20-A - §1351. District referendum
Title 20-A: EDUCATION
Part 2: SCHOOL ORGANIZATION
Chapter 103: SCHOOL ADMINISTRATIVE DISTRICTS
Subchapter 5: DISTRICT REFERENDUM
§1351. District referendum
The school board:
[1981, c. 693, §§5, 8 (new).]
1. Authority to call a district referendum. Shall initiate a district referendum:
A. To approve the issuance of bonds or notes for school construction projects;
[1981, c. 693, §§5, 8 (new).]
B. To approve a change in the selection of a school building site;
[1981, c. 693, §§5, 8 (new).]
C. To approve a change in the method of sharing costs among the member municipalities;
[1981, c. 693, §§5, 8 (new).]
D. To approve an agreement to add one or more municipalities to the district;
[1981, c. 693, §§5, 8 (new).]
E. To approve an agreement to transfer a participating municipality to another school administrative district;
[1981, c. 693, §§5, 8 (new).]
F. To approve an agreement to merge with another school administrative district;
[1981, c. 693, §§5, 8 (new).]
G. To approve a proposed lease agreement with the Maine School Building Authority;
[1981, c. 693, §§5, 8 (new).]
H. To authorize the board of directors to contract for the schooling of secondary pupils;
[1981, c. 693, §§5, 8 (new).]
I.
[1983, c. 422, §8 (rp).]
J. To accept or reject a prospective gift; and
[1981, c. 693, §§5, 8 (new).]
K. To borrow funds for minor capital costs as defined in section 15672, subsection 20-A.
[2005, c. 2, Pt. D, §9 (amd); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
[2005, c. 2, Pt. D, §9 (amd); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
2. Required district referendum. Shall initiate a district referendum when requested by a written petition of at least 10% of the number of voters voting
for the gubernatorial candidates in the last gubernatorial election in the municipalities within the district. At that referendum,
the school board shall place before the voters the specific school construction article which has been requested by the petitioners.
[1981, c. 693, §§5, 8 (new).]
Section History:
PL 1981,
Ch. 693,
§5,8
(NEW).
PL 1983,
Ch. 422,
§8
(AMD).
PL 1999,
Ch. 75,
§2
(AMD).
PL 2005,
Ch. 2,
§D72,74
(AFF).
PL 2005,
Ch. 2,
§D9
(AMD).
PL 2005,
Ch. 12,
§WW18
(AFF).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 20-A - §1352. Method of calling a district referendum
Title 20-A: EDUCATION
Part 2: SCHOOL ORGANIZATION
Chapter 103: SCHOOL ADMINISTRATIVE DISTRICTS
Subchapter 5: DISTRICT REFERENDUM
§1352. Method of calling a district referendum
A district referendum shall be initiated by a warrant prepared and signed by a majority of the board of directors. The warrant
shall be countersigned by the municipal officers in the municipality where the warrants are posted.
[1981, c. 693, §§5, 8 (new).]
1. Municipal officers. The warrant shall direct the municipal officers within the district to call a referendum on a date and time determined by
the board of directors. A warrant shall be prepared and distributed at least 30 days prior to the date of the referendum,
except that a warrant for a school district budget referendum held in accordance with section 1305, subsection 2, shall be
prepared and distributed at least 14 days prior to the date of the referendum.
A. The warrant shall be directed to a resident of the district by name, ordering the resident to notify the municipal officers
of each of the municipalities within the district, to call a town meeting or city election on the date specified by the board
of directors. No other date may be used. The person who serves the warrant shall make a return on the warrant stating the
manner of services and the time when it was given.
[1981, c. 693, §§5, 8 (new).]
B. The warrant shall be served on the municipal clerk of each of the municipalities within the district by delivering an attested
copy of the warrant in hand within 3 days of the date of the warrant. The municipal clerk, on receipt of the warrant, shall
immediately notify the municipal officers within the municipality. The municipal officers shall forthwith meet, countersign
and have the warrant posted.
[1981, c. 693, §§5, 8 (new).]
C. The warrants and other notices for the referendum must be in the same manner as provided in Title 21-A, except that the
district board of directors shall hold a public hearing at least 7 days before the referendum vote. At least 7 days before
the public hearing, the board of directors shall give notice of the public hearing by having a copy of the proposed referendum,
together with the time and place of hearing, posted in the same manner required for posting a warrant under this section.
[1999, c. 93, §1 (amd).]
[1999, c. 93, §1 (amd).]
2. Content of the warrant. The warrant shall set forth the articles to be acted on in each municipal referendum. The articles shall have the following
form.
A. When a referendum is called for the purpose of authorizing the issuance of bonds or notes for capital outlay purposes, the
articles shall be substantially as follows.
(1) "Shall the school directors of School Administrative District No.......be authorized to issue bonds or notes in the name
of this district for school construction purposes in an amount not to exceed $.......... to construct a ..............
.........................................
(elementary or secondary school)
to be located at.........................
(specifically defined lot where school is to be erected)
Yes No "
(2) "Shall the school director of School Administrative District No......be authorized to issue bonds or notes in the name
of this district for school construction or minor capital projects in an amount not to exceed $..........for the purpose of............
(here state
.........................................
purpose of school construction project)
Yes No "
(3) "Shall the school directors of School Administrative District No........ be authorized to use the bond issue or notes
in an amount not to exceed $......... which was voted by the district on ...................
(date)
to construct a ...........................
(elementary or secondary school) to be located at.............................
(specifically define lot where
.............................................
school is to be located)
Yes No "
(4) "Shall the school directors of School Administrative District No. ........ be authorized to construct a ................
..........................................
(elementary or secondary school)
to be located at .........................
(specifically defined lot
..........................................
where school is to be located) with the total project cost not to exceed $......... and to issue bonds or notes in the name
of this district for school construction purposes in an amount not to exceed $......... with the balance of the total project
costs to be derived from .............................
..........................................
(description of other sources of funds such as initial state share where approved for current fiscal year funding, proceeds
from insured losses, money from federal sources, other noneducational funds, etc.)
Yes No "
[1985, c. 506, Pt. B, §§14, 18 (amd).]
B. When a district votes to change the site of its school construction project using the article in paragraph A, subparagraph
(3), the date of authorization of the project is the original date the voters authorized the board of directors to issue bonds
or notes for that project.
[RR 1991, c. 2, §57 (cor).]
C. When a referendum is called for the purposes of approving the addition of a municipality to the district, the article shall
be in the form set forth in section 1401, subsection 2, paragraph A.
[1981, c. 693, §§5, 8 (new).]
D. When a referendum is called for the purpose of approving a proposed lease agreement with the Maine School Building Authority,
the article shall be exactly as is set forth in the proposed lease agreement.
[1981, c. 693, §§5, 8 (new).]
E. When a referendum is called for the purpose of authorizing the school board to contract for the schooling of secondary pupils,
the article shall be as follows.
"Shall the school directors of School Administrative District No...... be authorized to contract in the name of this district
with ......
............................................
(Name of Administrative Unit or Academy)
for the schooling of secondary pupils for a term of ....................years?
p align="center"> Yes No "
[1983, c. 485, §15 (amd).]p align="center">F.
[1983, c. 422, §9 (rp).]p align="center">G. When a referendum is called for the purpose of authorizing a change in the method of sharing costs in the district, the
article shall be as follows.
p align="center">"Shall the method of sharing costs in School Administrative District No.......be changed from the present method ...........................
p align="center"> (describe)
p align="center">to the following method: .....................
p align="center"> (describe)
p align="center"> Yes No "
[1981, c. 693, §§5, 8 (new).]p align="center">H. When a referendum is called for the purposes of accepting or rejecting a prospective gift, the article shall be as follows.
p align="center">"Shall the school directors of School Administrative District No....... be authorized to accept a prospective gift under the
following conditions? ..................................
p align="center"> (set forth terms and conditions)
p align="center"> Yes No "
[1981, c. 693, §§5, 8 (new).]p align="center">I. When a referendum is called for the purpose of approving the agreement to transfer a municipality from one district to
another district, the article shall be the form set forth in section 1406.
[1981, c. 693, §§5, 8 (new).]
[RR 1991, c. 2, §57 (cor).]
Section History:
PL 1981,
Ch. 693,
§5,8
(NEW).
PL 1983,
Ch. 422,
§9
(AMD).
PL 1983,
Ch. 485,
§15
(AMD).
PL 1985,
Ch. 506,
§B14,18
(AMD).
PL 1989,
Ch. 414,
§5
(AMD).
RR 1991,
Ch. 2,
§57
(COR).
PL 1999,
Ch. 93,
§1
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 20-A - §1353. Referendum procedures
Title 20-A: EDUCATION
Part 2: SCHOOL ORGANIZATION
Chapter 103: SCHOOL ADMINISTRATIVE DISTRICTS
Subchapter 5: DISTRICT REFERENDUM
§1353. Referendum procedures
The following procedures shall apply to a district referendum
[1981, c. 693, §§5,8 (new).]
1. Ballots. The board of directors shall prepare and furnish the required number of ballots for carrying out the referendum as posted,
including absentee ballots. It shall prepare and furnish all other materials necessary to fulfill the requirements for voting
procedures.
[1981, c. 693, §§5,8 (new).]
2. Voting. Voting must be held and conducted as follows.
A. The voting at referenda held in towns must be held and conducted in accordance with Title 30-A, sections 2524 and 2528 to
2532, even though the town has not accepted the provisions of Title 30-A, sections 2524 and 2525. The facsimile signature
of the clerk under Title 30-A, section 2528, subsection 6, paragraph F must be that of the chair of the board of directors.
If a district referendum is called to be held simultaneously with any statewide election, the voting in towns must be held
and conducted in accordance with Title 21-A, except that the duties of the Secretary of State must be performed by the board
and if the statewide election is a primary election, any registered voter may vote in the referendum. The absentee voting
procedure of Title 21-A must be used, except the duties of the Secretary of State must be performed by the board.
[1995, c. 168, §1 (amd).]
B. The voting at referenda in cities must be held and conducted in accordance with Title 21-A, including the absentee voting
procedure, except that the duties of the Secretary of State must be performed by the board of directors and if the statewide
election is a primary election, any registered voter may vote in the referendum.
[1995, c. 168, §1 (amd).]
[1995, c. 168, §1 (amd).]
3. Return and counting. The return and counting of votes shall be as follows.
A. The municipal clerk shall, within 24 hours of the determination of the results of the vote in the municipality, certify
and send to the board of directors the total number of votes cast in the affirmative and in the negative on each article.
[1981, c. 693, §§5,8 (new).]
B. As soon as all of the results from all of the municipalities have been returned to the board of directors, the board shall
meet and compute the total number of votes cast in all of the municipalities within the district in the affirmative and in
the negative on each article.
[1981, c. 693, §§5,8 (new).]
C. If the board of directors determines that there were more votes cast in the affirmative than in the negative, on a given
article, they shall declare that the article has passed.
[1981, c. 693, §§5,8 (new).]
D. If the board of directors determines that the total number of votes cast on an article in the affirmative is equal to or
less than those cast in the negative, they shall declare that the article has not passed.
[1981, c. 693, §§5,8 (new).]
E. They shall enter their declaration and computations in their records and send certified copies of it to the clerk of each
municipality within the district.
[1981, c. 693, §§5,8 (new).]
F. If the district votes on the question of merging with another district, the secretary shall immediately file a return with
the state board of the results of the vote on the question of merger.
[1981, c. 693, §§5,8 (new).]
[1981, c. 693, §§5,8 (new).]
Section History:
PL 1981,
Ch. 693,
§5,8
(NEW).
PL 1983,
Ch. 422,
§10
(AMD).
PL 1985,
Ch. 797,
§16
(AMD).
PL 1987,
Ch. 737,
§C43,C106
(AMD).
PL 1989,
Ch. 6,
§
(AMD).
PL 1989,
Ch. 9,
§2
(AMD).
PL 1989,
Ch. 104,
§C8,C10
(AMD).
PL 1989,
Ch. 502,
§A52
(AMD).
PL 1995,
Ch. 168,
§1
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 20-A - §1354. Reconsideration
Title 20-A: EDUCATION
Part 2: SCHOOL ORGANIZATION
Chapter 103: SCHOOL ADMINISTRATIVE DISTRICTS
Subchapter 5: DISTRICT REFERENDUM
§1354. Reconsideration
The procedure to reconsider votes taken at a district referendum shall be as follows.
[1981, c. 693, § § 5, 8(new)]
1. Time limit. The board of directors shall, within 60 days, initiate a new district referendum to reconsider the vote of the previous
referendum if, within 7 days of the first referendum, at least 10% of the number of voters voting for the gubernatorial candidates
in the last gubernatorial election in the municipalities within the district petition to reconsider a prior district referendum
vote.
[1981, c. 693, § § 5, 8(new)]
2. Required quorum. A reconsideration referendum is not valid unless the number of persons voting in that referendum is at least equal to the
number who voted in the prior district referendum.
[1981, c. 693, § § 5, 8(new)]
3. Bond. If the margin of the vote being reconsidered was between 10% and 25%, the petitioners shall post a bond with the petition
equal to the actual and reasonable costs of the new referendum. If the margin of the vote being reconsidered exceeded 25%,
the petitioners shall post an additional bond equal to the actual and reasonable costs which may be incurred as a result of
the delay of an authorization or approval granted in the prior district referendum. If the petitioners are successful, the
bonds shall be canceled.
[1981, c. 693, § § 5, 8(new)]
Section History:
PL 1981,
Ch. 693,
§5,8
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 20-A - §1401. Additions
Title 20-A: EDUCATION
Part 2: SCHOOL ORGANIZATION
Chapter 103: SCHOOL ADMINISTRATIVE DISTRICTS
Subchapter 6: REORGANIZATIONS
§1401. Additions
A municipality not originally in a school administrative district may be included as follows.
[1981, c. 693, § § 5, 8(new).]
1. Application. The board of directors of the municipality wishing to join with an existing school administrative district may file an application
with the commissioner on a form to be provided by him.
A. The commissioner shall study the need for the municipality to join the school administrative district and recommend an agreement
by which the municipality may become a member.
[1987, c. 395, Pt. A, § 57 (amd).]
B. The agreement may contain a new method of sharing costs among the member municipalities of the district in accordance with
section 1301. The article set out in section 1202, subsection 6, paragraph D, authorizing units to vote on alternate methods
of sharing costs shall be used if the agreement recommended by the commissioner contains a provision for using one of the
alternate methods of sharing costs.
[1987, c. 769, Pt. A, §58 (rpr).]
C. This agreement shall be forwarded to the secretary of the school administrative district and to the clerk of the municipality
desiring to join the district.
[1981, c. 693, § § 5, 8 (new).]
[1987, c. 769, Pt. A, §58 (amd).]
2. First meeting. Within 45 days after receipt of the agreement by the municipal clerk, a regular or special town meeting or city election
in the joining municipality, shall vote on the agreement. The vote shall conform to the following procedure.
A. The article voted on shall be:
"Article : Shall the municipality vote to join School Administrative District No..... as a participating municipality
of the district subject to the terms and conditions of the agreement prepared by the commissioner dated ..... l9..?
Yes No "
p align="center"> (A copy of the agreement shall be posted with each warrant.)
[1987, c. 395, Pt. A, § 57 (amd).]p align="center">B. The election of the directors and the vote on the agreement shall be conducted on the same day. This election shall follow
the procedures used for the election of municipal officials by the municipality.
[1981, c. 693, § § 5, 8(new).]p align="center">C. The vote on the agreement shall be called using the same methods as the municipality uses in conducting its business at
regular or special town meetings or city elections.
[1981, c. 693, § § 5, 8(new).]p align="center">D. If the municipality is organized under a special legislative charter, it shall call a referendum following the procedures
outlined in its charter.
[1981, c. 693, § § 5, 8(new).]p align="center">E. The municipal clerk shall send a certified copy of the results of the vote to the secretary of the school administrative
district.
[1981, c. 693, § § 5, 8(new).]
[1987, c. 395, Pt. A, § 57 (amd).]
3. Second meeting. If the board of directors finds that the vote was in the affirmative, the board shall call a district referendum within
45 days in accordance with sections 1351 to 1354 to vote on the following article.
p align="center">"Article : Shall the district vote to admit the municipality of ...........................
p align="center"> (name the municipality)
p align="center">into School Administrative District No....... as a participating municipality of the district subject to the terms and conditions
of the agreement prepared by the commissioner dated ......... 19......?
p align="center"> Yes No "
p align="center"> (A copy of the agreement shall be posted with each warrant.)
p align="center">A. The municipal clerks within the district shall forward to the commissioner a certified report of the total number of affirmative
and negative votes cast on the article.
[1987, c. 395, Pt. A, § 57 (amd).]p align="center">B. On receipt of the results of the voting from all municipalities, the commissioner shall compute and record the result
of the voting.
[1987, c. 395, Pt. A, § 57 (amd).]
[1987, c. 395, Pt. A, § 57 (amd).]
4. Commissioner finding. If the commissioner finds that a majority of the voters of the district and a majority of the voters of the municipality
favor admission of the municipality into the district, he shall make a finding to that effect.
A. The commissioner shall notify by registered mail the clerk of the municipality seeking to join the school administrative
district and the secretary of the school administrative district of the results of the vote.
[1987, c. 395, Pt. A, § 57 (amd).]
B. If the commissioner's finding is that a majority is for joining, he shall issue an amended certificate for the school administrative
district, which shall be filed in the same manner as the original certificate.
[1987, c. 395, Pt. A, § 57 (amd).]
[1987, c. 395, Pt. A, § 57 (amd).]
5. Certificate. The issuance of an amended certificate shall be conclusive evidence of the admission of that municipality to the school
administrative district.
[1981, c. 693, § § 5, 8(new).]
Section History:
PL 1981,
Ch. 693,
§5,8
(NEW).
PL 1987,
Ch. 395,
§A57
(AMD).
PL 1987,
Ch. 402,
§A119
(AMD).
PL 1987,
Ch. 769,
§A58
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 20-A - §1402. Combining of districts
Title 20-A: EDUCATION
Part 2: SCHOOL ORGANIZATION
Chapter 103: SCHOOL ADMINISTRATIVE DISTRICTS
Subchapter 6: REORGANIZATIONS
§1402. Combining of districts
If one school administrative district wishes to join with another school administrative district, the following procedure
shall be used.
1. Application. Each district's board of directors shall file an application with the commissioner on a form to be prepared by him.
A. The commissioner shall receive the applications, make a study of the necessity for combining the districts and recommend
an agreement by which the districts may combine.
[1987, c. 395, Pt. A, § 58 (amd).]
B. This agreement shall be forwarded to the secretary of each school administrative district.
[1981, c. 693, § § 5, 8(new).]
[1987, c. 395, Pt. A, § 58 (amd).]
2. Meeting. Within 45 days after receipt of the agreement each district's board of directors shall call a district meeting in accordance
with sections 1351 to 1354 to vote on the following article.
p align="center">"Article : To see if School Administrative District No.... will vote to join School Administrative District No.... in
a merger to form a larger district subject to the terms and conditions of the agreement prepared by the commissioner dated
............. 19.....
p align="center"> Yes No "
p align="center"> (A copy of the agreement shall be posted with each warrant.)
[1987, c. 395, Pt. A, § 58 (amd).]
3. Return. The secretary of each school administrative district shall file a return with the commissioner immediately following the
votes in the district on the question of merger.
[1987, c. 395, Pt. A, § 58 (amd).]
4. Commissioner's finding. If the commissioner finds that a majority of the voters in each district have voted in favor of the merger, he shall make
a finding to the effect.
[1987, c. 395, Pt. A, § 58 (amd).]
5. Notice. The commissioner shall notify by registered mail the secretary of each district of the results of the vote.
[1987, c. 395, Pt. A, § 58 (amd).]
6. Certificate. If the commissioner's finding is that a majority is for merging, he shall issue a new certificate for the enlarged school
administrative district and assign a number. The certificate shall be filed in the same manner as the original certificate.
[1987, c. 395, Pt. A, § 58 (amd).]
7. Evidence. The issuance of the certificate by the commissioner shall be conclusive evidence of the merger of the school administrative
districts.
[1987, c. 395, Pt. A, § 58 (amd).]
Section History:
PL 1981,
Ch. 693,
§5,8
(NEW).
PL 1987,
Ch. 395,
§A58
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 20-A - §1403. Dissolution of a district
Title 20-A: EDUCATION
Part 2: SCHOOL ORGANIZATION
Chapter 103: SCHOOL ADMINISTRATIVE DISTRICTS
Subchapter 6: REORGANIZATIONS
§1403. Dissolution of a district
1. Ten percent petition. Upon receipt of a petition which seeks to dissolve a school administrative district and establishes a maximum figure for
the cost of preparing a dissolution agreement signed by 10% of the number of voters in a municipality who voted at the last
gubernatorial election, the municipal officers shall call and hold a special election, in the manner provided for the calling
and holding of town meetings or city elections to vote on the dissolution of the school administrative district.
A. At least 10 days before the election, a posted or otherwise advertised public hearing on the petition shall be held by the
municipal officers.
[1983, c. 364, § 1 (amd).]
B. The petition must be approved by secret ballot by a 23 vote of the voters present and voting before it may be presented
to the board of directors and the commissioner. Voting in towns shall be conducted in accordance with Title 30-A, sections
2528 and 2529, even if the towns have not accepted the provisions of Title 30-A, section 2528, and voting in cities shall
be conducted in accordance with Title 21-A.
[1987, c. 737, Pt. C, §§44, 106 (amd); 1989, c. 6 (amd); c. 9, §2 (amd); c. 104, Pt. C, §§8,10 (amd).]
[1987, c. 737, Pt. C, §§44, 106 (amd); 1989, c. 6 (amd); c. 9, §2 (amd); c. 104, Pt. C, §§8,10 (amd).]
2. Form. The question to be voted upon shall be in substantially the following form:
p align="center">"Article : Be it resolved by the residents of the Town of that a petition for dissolution be filed with
the directors of School Administrative District No. and with the commissioner, that the dissolution committee be authorized
to expend $ and that the (municipal officers; i.e. selectmen, town council, etc.) be authorized to issue notes in the
name of the Town of or otherwise pledge the credit of the Town of in an amount not to exceed $ for
this purpose?
p align="center"> Yes No "
[1987, c. 395, Pt. A, § 59 (amd).]
3. Notice of vote; finding by commissioner. If residents of a participating municipality vote favorably on a petition for dissolution, the clerk shall immediately give
written notices, by registered mail, to the secretary of the school administrative district and the commissioner which shall
include:
A. The petition adopted by the voters, including the positive and negative votes cast; and
[1981, c. 693, § § 5, 8 (new).]
B. An explanation by the municipal officers, stating to the best of their knowledge, the reason or reasons why the municipality
seeks to dissolve the district.
[1981, c. 693, § § 5, 8 (new).]
[1987, c. 395, Pt. A, § 59 (amd).]
4. Agreement for dissolution; notice; changes in agreement; final agreement. The agreement for dissolution shall comply with the following.
A. The commissioner, after consultation with the district board of directors, municipal officers of the participating municipalities,
and representatives of the group which filed the petition with the municipality, shall direct the municipal officers of each
municipality to select representatives to a committee as follows: One member from the municipal officers, the group filing
the petition; and one member from the general public; and one member from the group filing the petition if the group is represented
in the municipality, otherwise an additional one member of the general public. The commissioner shall also direct the directors
representing each municipality to select one member of the board of directors who represents that municipality to serve on
the committee. The municipal officer and the member of the board of directors shall serve on the committee only so long as
they hold their respective offices. Vacancies will be filled by the municipal officers and board of directors. The chairman
of the board of directors shall call a meeting of the committee within 30 days of the filing of the notice of the vote in
subsection 3. The chairman of the board shall open the meeting by presiding over the election of a chairman of the committee.
The responsibility for the preparation of the agreement shall rest with the committee, subject to the approval of the commissioner.
The committee may draw upon the resources of the department for information not readily available at the local level and employ
competent advisors within the fiscal limit authorized by the voters. The agreement shall be submitted to the commissioner
within 90 days after the committee is formed. Extensions of time may be granted by the commissioner upon the request of the
committee.
(1) The agreement shall contain provisions to provide educational services for all students in the district. The agreement
shall provide that during the first year following the dissolution, students may attend the school they would have attended
if the district had not dissolved. The allowable tuition rate for students sent from one municipality to another in the former
school administrative district shall be determined under section 5805, subsection 1, except that it shall not be subject to
the state per pupil average limitation in section 5805, subsection 2.
(2) The agreement shall establish the dissolution to take effect at the end of the district's fiscal year.
(3) The agreement shall establish that the dissolution will not cause a need within 5 years from the effective date of dissolution
for school construction projects which would be eligible for state funds. This limitation does not apply where a need for
school construction existed prior to the effective date of the dissolution or where a need for school construction would have
arisen even if the district had not dissolved.
(4) The agreement shall establish how transportation services will be provided.
(5) The agreement shall provide for administration of the new administrative units, which should not include the creation
of new supervisory units if at all possible.
(6) The agreement shall make provision for the distribution of financial commitments arising from outstanding bonds, notes
and any other contractual obligations that extend beyond the proposed date of dissolution.
(7) The agreement shall make appropriate provision for the distribution of any outstanding financial commitments to the superintendent
of the school administrative district.
(8) The agreement shall provide for the continuation and assignment of collective bargaining agreements as they apply to
the new or reorganized school administrative unit for the duration of those agreements and shall provide for the continuation
of representational rights.
(9) The agreement shall provide for the continuation of continuing contract rights under section 13201, subsection 2.
(10) The agreement shall provide for the disposition of all real and personal property and other monetary assets.
(11) The agreement shall provide for the transition of administration and governance of the schools to properly elected governing
bodies of the newly created administrative units and shall provide that the governing bodies shall not be elected simultaneously
with the vote on the article to dissolve unless the commissioner finds there are extenuating circumstances which necessitate
simultaneous elections.
[1987, c. 395, Pt. A, § 59 (amd).]
B. Within 60 days of the receipt of the agreement, the commissioner shall either give it conditional approval or recommend
changes. The changes shall be based upon the standards set forth in paragraph A and the commissioner's findings of whether
the contents of the plan will provide for appropriate educational and related services to the students of the district and
for the orderly transition of assets, governance, and other matters related to the district.
[1987, c. 395, Pt. A, § 59 (amd).]
C. If the commissioner gives conditional approval of the agreement, he shall notify the directors and the municipal officers
by registered mail of the time and place of a public hearing at least 20 days prior to the date set for the hearing, to discuss
the merits of the proposed agreement of dissolution. The chairman of the board of directors will conduct the hearing.
(1) The directors shall post a public notice in each municipality of the time and location of the hearing at least 10 days
before the hearing.
(2) Within 30 days following the hearing, the committee shall forward the final agreement to the commissioner.
[1987, c. 395, Pt. A, § 59 (amd).]
D. If the commissioner recommends changes he shall:
(1) Send the agreement back to the committee for necessary corrections;
(1-A) Establish a maximum time within which to make the corrections; and
(2) Indicate that the corrected agreement shall be returned to the commissioner for conditional approval before it goes to
public hearing as set forth in paragraph C.
[1987, c. 395, Pt. A, § 59 (amd).]
[1987, c. 395, Pt. A, § 59 (amd).]
5. Date of vote; notice; warrant; polling hours. The date and time for voting shall be established as follows.
A. The commissioner shall determine the date upon which all municipalities shall vote upon the dissolution agreement submitted
to them. The election shall be held as soon as practicable and the commissioner shall attempt to set the date of the vote
to coincide with a statewide election.
[1987, c. 395, Pt. A, § 59 (amd).]
B. At least 35 days before the date set in paragraph A, the board of directors shall give written notice by registered or certified
mail to the town or city clerk of each municipality having a right to vote on the dissolution agreement.
[1981, c. 693, § § 5, 8 (new).]
C. The town or city clerk shall immediately notify the municipal officers upon receipt of the notice, and the municipal officers
shall meet and immediately issue a warrant for a special town meeting or city election, as the case may be, to be held on
the date designated by the commissioner. No other date may be used.
[1987, c. 395, Pt. A, § 59 (amd).]
D. In the respective warrants, the municipal officers shall direct that the polls shall be open at 10 o'clock in the forenoon
and shall remain open until 8 o'clock in the afternoon.
[1981, c. 693, § § 5, 8 (new).]
[1987, c. 395, Pt. A, § 59 (amd).]
6. Public hearing; voting procedures. The following requirements apply to the voting procedures.
A. At least 10 days before the election, a posted or otherwise advertised public hearing on the dissolution question shall
be held by the municipal officers.
[1981, c. 693, § § 5, 8 (new).]
B. Except as otherwise provided in this section, the voting at the meetings held in towns shall be conducted in accordance
with Title 30-A, sections 2528 and 2529, even if the towns have not accepted the provisions of Title 30-A, section 2528.
[1987, c. 737, Pt. C, §§45, 106 (amd); 1989, c. 6 (amd); c. 9, §2 (amd); c. 104, Pt. C, §§8,10 (amd).]
C. The voting at the meeting held in cities shall be conducted in accordance with Title 21-A.
[1987, c. 737, Pt. C, §§46, 106 (amd); 1989, c. 6 (amd); c. 9, §2 (amd); c. 104, Pt. C, §§8,10 (amd).]
[1987, c. 737, Pt. C, §§45, 46, 106 (amd); 1989, c. 6 (amd); c. 9, §2 (amd); c. 104, Pt. C, §§8,10 (amd).]
7. Article. The article shall be in the following form.
p align="center">"Article : Shall School Administrative District No. be dissolved subject to the terms and conditions of the dissolution
agreement dated 19 ?
p align="center"> Yes No "
[1983, c. 364, § 1 (amd).]
8. Ballots; posting of agreement. The dissolution agreement need not be printed on the ballot. Copies of the agreement shall be posted in each participating
municipality in the same manner as specimen ballots are posted under Title 30-A, section 2528.
[1987, c. 737, Pt. C, §§47, 106 (amd); 1989, c. 6 (amd); c. 9, §2 (amd); c. 104, Pt. C, §§8,10 (amd).]
9. Restriction on dissolution petitions. No participating municipality within a district may petition for dissolution within 2 years after the date of:
A. A municipal vote on a petition for dissolution if the petition received less than 60% of the votes cast; or
[1983, c. 364, § 1 (new).]
B. A district vote on a dissolution agreement if the agreement received less than 45% of the votes cast.
[1987, c. 395, Pt. A, § 59 (amd).]
[1987, c. 395, Pt. A, § 59 (amd).]
10. Costs of dissolution agreements. If the school administrative district votes to permit dissolution, then the district shall reimburse the petitioning municipality
for the authorized expenses incurred by the dissolution committee. If the district votes not to permit dissolution, then
the district will not be required to reimburse the petitioning municipality for those expenses.
[1983, c. 364, § 1 (amd).]
11. Determination of vote. The town and city clerks shall, within 24 hours of determination of the result of the vote in their respective municipalities,
certify the total number of votes cast in the affirmative and the total number of votes cast in the negative on the article
to the board of directors.
[1983, c. 364, § 1 (amd).]
12. Determination of results; notification of commissioner; execution of agreement. Determination of results shall comply with the following.
A. Upon receipt of the results of the voting from all municipalities, the board of directors shall meet and shall compute and
record the total number of votes cast in the municipalities in the affirmative and in the negative on the dissolution article.
[1983, c. 364, § 1 (amd).]
B. The board of directors shall notify the commissioner by registered mail or by hand delivery of the results of the vote.
[1987, c. 395, Pt. A, § 59 (amd).]
C. If the commissioner finds that a majority of the voters voting on the article have voted in the affirmative, he shall notify
the directors of the district to take steps to dissolve the district in accordance with the terms of the agreement for dissolution.
[1987, c. 395, Pt. A, § 59 (amd).]
[1987, c. 395, Pt. A, § 59 (amd).]
13. Recount; checklists and ballots; disputed ballots. The following provisions apply to recounts, checklists, ballots and disputed ballots.
A. If, within 7 days of the computation and recording of the results of the voting from all municipalities, the municipal officers
of any participating municipality request to the commissioner in writing a recount of the votes in the district, the commissioner
shall immediately cause the checklists and all the ballots cast in all of the participating municipalities to be collected
and kept at the commissioner's office so they may be recounted by interested municipalities.
[1983, c. 364, §1 (amd).]
B. The town clerks of the participating municipalities are authorized to deliver the checklists and ballots to the commissioner,
notwithstanding any other provision of law to the contrary.
[1981, c. 693, § § 5, 8 (new).]
C. The commissioner shall resolve any question with regard to disputed ballots.
[1981, c. 693, § § 5, 8 (new).]
[1983, c. 364, § 1 (amd).]
14. Execution of agreement; certified record; certificate of withdrawal. When the agreement for dissolution has been put in effect by the directors of the school administrative district, the directors
shall notify the commissioner by certified mail that the agreement of dissolution has been executed.
A. A complete certified record of the transaction involved in the dissolution shall be filed with the commissioner.
[1987, c. 395, Pt. A, § 59 (amd).]
B. The commissioner shall immediately issue a certificate of dissolution to be sent by certified mail for filing with the directors
of the school administrative district and shall file a copy in the office of the Secretary of State.
[1987, c. 395, Pt. A, § 59 (amd).]
[1987, c. 395, Pt. A, § 59 (amd).]
15. Indebtedness; indebtedness defined; indebtedness after dissolution. The following provisions apply to outstanding indebtedness.
A. Whenever a district having outstanding indebtedness dissolves, the district shall remain intact for the purpose of securing
and retiring the indebtedness; the dissolution agreement may provide for alternate means for retiring outstanding indebtedness.
[1981, c. 693, § § 5, 8 (new).]
B. "Outstanding indebtedness" means bonds or notes for school construction projects issued by the board of directors pursuant
to the authorization established under chapter 609 or Title 20, sections 3457 to 3460 or obligations to the Maine School Building
Authority pursuant to any contract, lease or agreement made by the board of directors pursuant to approval thereof in a district
meeting of the school administrative district, but does not include any indebtedness of any municipality assumed by the school
administrative district at the time of formation nor any contract, lease or agreement of the Maine School Building Authority
to which by operation of law the school administrative district has become the assignee.
[1981, c. 693, § § 5, 8 (new).]
[1981, c. 693, § § 5, 8 (new).]
16. General purpose aid. When a school administrative district dissolves the general purpose aid for the individual municipalities shall be computed
in accordance with chapter 605.
[1983, c. 364, § 1 (amd).]
17. Committee recall. If the commissioner determines that the dissolution committee has failed to comply with the requirements of this section,
he may authorize the municipal officers and the district's board of directors to recall their representatives and to appoint
new representatives to the committee.
[1987, c. 395, Pt. A, § 59 (amd).]
Section History:
PL 1981,
Ch. 693,
§5,8
(NEW).
PL 1983,
Ch. 364,
§1
(AMD).
PL 1987,
Ch. 395,
§A59
(AMD).
PL 1987,
Ch. 737,
§C44-C47, C106
(AMD).
PL 1989,
Ch. 6,
§
(AMD).
PL 1989,
Ch. 9,
§2
(AMD).
PL 1989,
Ch. 104,
§C8,C10
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 20-A - §1404. Reorganization of a school administrative district as a community school district
Title 20-A: EDUCATION
Part 2: SCHOOL ORGANIZATION
Chapter 103: SCHOOL ADMINISTRATIVE DISTRICTS
Subchapter 6: REORGANIZATIONS
§1404. Reorganization of a school administrative district as a community school district
1. Petition for reorganization. The residents of a municipality within a school administrative district may petition for dissolution of the school administrative
district and reorganization as a community school district, which will operate grades 9 to 12 and any combination of kindergarten
through grade 8 in accordance with chapter 105, in the manner authorized by section 1403 for dissolution of a district. The
articles to be voted upon shall clearly set forth that a community school district will be formed upon the dissolution of
the school administrative district.
[1981, c. 693, §§5, 8(new).]
2. Vote required. If the commissioner is petitioned pursuant to the authority of subsection 1, the board of directors of the school administrative
district shall require the member municipalities of the district to vote on an article which shall be substantially as follows.
p align="center">"Article : Shall School Administrative District No. be dissolved subject to the terms and conditions of the dissolution
agreement dated 19 , and the towns of form a community school district which shall be responsible
for the operation of grades ?
p align="center"> Yes No "
[1987, c. 395, Pt. A, §60 (amd).]
3. Governing body of community school district. A school administrative district which dissolves and simultaneously forms a new community school district pursuant to this
section shall have a single governing body which shall consist of a school committee performing all of the duties of the school
committee and the board of trustees set forth in chapter 105.
[1981, c. 693, §§5, 8(new).]
4. Commissioner. The commissioner shall carry out his duties under sections 1403 and 1602 regarding the dissolution of a school administrative
district and the creation of a new community school district, except that the municipal officers and the board of directors
shall be responsible for developing a plan to provide for the continuity of the educational program for each municipality
to be included within the dissolution agreement.
[1987, c. 395, Pt. A, §61 (amd).]
5. Outstanding indebtedness of the school administrative district and liability of the community school district. If a school administrative district is dissolved and a community school district is formed, the community school district
shall become liable for the school administrative district's outstanding indebtedness as defined in section 1403, except as
otherwise provided for in subsection 6.
[1981, c. 693, §§5, 8(new).]
6. Outstanding indebtedness of school administrative district; liability of individual municipalities. If the school administrative district is dissolved and the ensuing community school district does not include all grades
kindergarten through 12, each member municipality shall be individually liable for any outstanding indebtedness which the
school administrative district had relative to the grades which will be operated exclusively by that municipality or as otherwise
provided for in the dissolution agreement.
[1983, c. 364, §2 (amd).]
7. General purpose aid. When a school administrative district dissolves and a new community school district is formed, the general purpose aid for
the community school district and the individual municipalities shall be computed in accordance with chapter 605.
[1981, c. 693, §§5, 8(new).]
Section History:
PL 1981,
Ch. 693,
§5,8
(NEW).
PL 1983,
Ch. 364,
§2
(AMD).
PL 1983,
Ch. 485,
§16
(AMD).
PL 1987,
Ch. 395,
§A60,A61
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 20-A - §1405. Withdrawal of a single municipality from a school administrative district
Title 20-A: EDUCATION
Part 2: SCHOOL ORGANIZATION
Chapter 103: SCHOOL ADMINISTRATIVE DISTRICTS
Subchapter 6: REORGANIZATIONS
§1405. Withdrawal of a single municipality from a school administrative district
1. Petition. The residents of a participating municipality within a school administrative district composed of 3 or more municipalities
may petition to withdraw from the district in the same manner as they would petition for the dissolution of a school administrative
district in accordance with section 1403, except that only a simple majority vote of those casting valid ballots in the municipality
is required before the petition may be presented to the board of directors and to the commissioner.
[1987, c. 395, Pt. A, § 62 (amd).]
2. Procedure. The steps set forth in section 1403 for dissolution apply to the withdrawal of a member municipality from a school administrative
district, except that:
A. The responsible committee for preparing the withdrawal agreement shall be limited to individuals from the municipality;
[1983, c. 364, § 3 (new).]
B. Instead of a district election, a municipal election shall be conducted and a 23 vote of those casting valid ballots in
the municipality is required before it may withdraw;
[1983, c. 364, § 3 (new).]
C. Wherever there is reference in section 1403 to the term "dissolution," or other terms not consistent with withdrawal, the
term "withdrawal" or other appropriate language shall be substituted;
[1983, c. 364, § 3 (new).]
D. All public hearings required under section 1403 shall be conducted by the municipal officers; and
[1983, c. 364, § 3 (new).]
E. A municipality may not petition for withdrawal within 2 years after the date of:
(1) A municipal vote on a petition for withdrawal if the petition received less than 45% of the votes cast; or
(2) A municipal vote on a withdrawal agreement if the agreement received less than 60% of the votes cast.
[1983, c. 364, § 3 (new).]
[1983, c. 364, § 3 (new).]
3. Cost of advisors. The expense of employing competent advisors by the municipality petitioning to withdraw shall be borne by the municipality
and the expense of employing competent advisors by the district shall be borne by the district with the municipality bearing
its share according to the district's cost-sharing agreement.
[1983, c. 364, § 3 (new).]
4. Commissioner recommended dissolution. The commissioner's responsibilities to initiate dissolution proceedings are as follows.
A. If a member town representing more than 50% of the total population in a district votes to withdraw from the district, then
the commissioner shall analyze the educational impact of the town's withdrawal upon the district. The district's board of
directors and the municipal officers from the remaining towns shall be consulted.
[1987, c. 395, Pt. A, § 63 (amd).]
B. If the commissioner finds that it is impractical for the remaining towns to continue as a district, then he shall initiate
the dissolution process set out in section 1403 by having the district submit the following article to the voters at a district
meeting called in accordance with sections 1351 to 1354.
"Article : Be it resolved by the voters of School Administrative District No. that a dissolution committee be appointed
and authorized to expend $ , and the directors of School Administrative District No. be authorized to issue notes or
otherwise pledge the credit of School Administrative District No. in an amount not to exceed $ for this purpose?
Yes No "
[1987, c. 395, Pt. A, § 63 (amd).]
C. If the voters approve the article by a majority vote of those voting and present, then the rest of the dissolution process
set forth in section 1403 shall apply except:
(1) A 2nd member from the general public shall be selected by the municipal officers to fill the position on the dissolution
committee normally held by a representative of the group which would have filed the dissolution petition; and
(2) Costs of preparing a dissolution agreement shall be borne solely by the district.
[1983, c. 364, § 3 (new).]
[1987, c. 395, Pt. A, § 63 (amd).]
5. Transfer of property. The district's board of directors may negotiate with the withdrawal committee regarding an equitable division of the district's
property between the district and the municipality represented by the committee and transfer title of the property to the
municipality following withdrawal. The board of directors shall determine that the district's educational program shall not
be disrupted solely because of the transfer of any given property before it may complete the transfer.
[1983, c. 364, § 3 (new).]
Section History:
PL 1981,
Ch. 693,
§5,8
(NEW).
PL 1983,
Ch. 364,
§3
(RPR).
PL 1983,
Ch. 422,
§11
(RPR).
PL 1983,
Ch. 816,
§A11
(RP ).
PL 1987,
Ch. 395,
§A62,A63
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 20-A - §1406. Transfer of a municipality from one school administrative district to another
Title 20-A: EDUCATION
Part 2: SCHOOL ORGANIZATION
Chapter 103: SCHOOL ADMINISTRATIVE DISTRICTS
Subchapter 6: REORGANIZATIONS
§1406. Transfer of a municipality from one school administrative district to another
1. Petition to commissioner. The board of directors of 2 school administrative districts may petition the commissioner by joint resolution to permit
a municipality to transfer from one school administrative district to another, provided that that municipality is being transferred
to a district contiguous to the municipality.
[1981, c. 693, § § 5, 8(new).]
2. Transfer agreement. The boards of directors of the 2 districts and the municipal officers of the municipality involved shall form a committee
to prepare a transfer agreement within 60 days after being notified by the commissioner to prepare the agreement. Extensions
of time may be granted by the commissioner.
A. The committee shall consider the standards set forth in section 1403, subsection 4, paragraph A in preparing the agreement.
[1981, c. 693, § § 5, 8(new).]
B. The approval process for the agreement shall follow the steps set forth in section 1403, subsection 4 to subsection 16.
[1981, c. 693, § § 5, 8(new).]
C. The following question shall appear on the ballot when the transfer of a municipality is considered.
"Article : Shall School Administrative District No. vote to permit the municipality of to transfer
into School Administrative District No. as a participating municipality of that district subject to the terms and
conditions of the agreement of transfer approved by the commissioner dated 19 ?
Yes No "
(A copy of the agreement shall be posted with each warrant which directs the citizens to vote upon the question.)
[1987, c. 395, Pt. A, § 64 (amd).]
D. The article must be approved by a majority of votes cast in both districts and by a majority of votes cast in the municipality
to be transferred before the agreement may take effect.
[1983, c. 364, § 4 (amd).]
E. A complete certified record of the transaction involved in the transfer shall be filed with the commissioner. He shall
issue immediately a certificate of transfer to the secretary of each school administrative district by registered mail to
be filed with the directors of the districts involved and shall file a copy of the certificate of transfer in the office of
the Secretary of State.
[1987, c. 395, Pt. A, § 64 (amd).]
[1987, c. 395, Pt. A, § 64 (amd).]
3. Outstanding indebtedness. Whenever a municipality, or a part of a municipality, is detached from a district having outstanding indebtedness, the municipality
or part of a municipality shall remain as part of the district from which it was detached for the purposes of paying its proper
portion of such indebtedness until the indebtedness shall be redeemed. The municipality or part of a municipality shall not
be part of the district from which it was detached for the purpose of any outstanding indebtedness incurred subsequent to
the date of the certificate of transfer.
[1981, c. 693, § § 5, 8(new).]
Section History:
PL 1981,
Ch. 693,
§5,8
(NEW).
PL 1983,
Ch. 364,
§4
(AMD).
PL 1987,
Ch. 395,
§A64
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 20-A - §1407. Closing an elementary school
Title 20-A: EDUCATION
Part 2: SCHOOL ORGANIZATION
Chapter 103: SCHOOL ADMINISTRATIVE DISTRICTS
Subchapter 6: REORGANIZATIONS
§1407. Closing an elementary school
1. Vote; cost of election. An elementary school in a member municipality of a school administrative district may not be closed pursuant to section
4102, subsection 3 unless the voters in the member town vote on the following article in accordance with the procedure set
forth in sections 1351 to 1354.
p align="center">"Article : Shall the board of directors of School Administrative District No. be authorized to close
?
p align="center"> (name of school)
p align="center"> Yes No "
p align="center"> (The election must be conducted only within that member municipality, and the costs of the election are borne by the district.)
[1999, c. 206, §1 (amd).]
2. Expense of keeping the school open. If the voters 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 section 15672. The determination of costs is subject to
the approval of the commissioner. The cost to be borne by the town voting to keep an elementary 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.
[2005, c. 2, Pt. D, §10 (amd); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]
3. Costs and procedures during subsequent years. During any year subsequent to the year during which an elementary school remains open contrary to the school administrative
district board of director's vote to close that elementary school, as a result of a municipal referendum, the elementary school
will be open without any additional cost to the municipality except as described in paragraphs A and B.
A. If the school administrative district board of directors again vote to close the elementary school and the voters of the
member municipality again vote to keep the elementary school open, as described in this paragraph, then the elementary school
will remain open and the member municipality will be obligated to pay the additional costs as described in subsection 2.
[1989, c. 414, §6 (new).]
B. If the school administrative district board of directors again votes to close the elementary school and the voters of the
member municipality fail to vote to keep the elementary school open, then the elementary school is closed. In this event,
the elementary school may be reopened only if the school administrative district board of directors vote to reopen the school.
[1989, c. 414, §6 (new).]
[1989, c. 414, §6 (new).]
4. Definition of elementary school closing. In this section, an elementary school closing shall be any action or actions by the school administrative district that
have the effect of providing no instruction for any students at that elementary school.
[1989, c. 414, §6 (new).]
5. Method of payment by liable municipality. If a municipality is liable for additional expenses as determined in subsection 1, paragraph B, then the amount of this
additional expense shall be subtracted from the school administrative district budget before each member municipality's assessment
is computed. This additional expense shall be paid by the member municipality which is liable in equal monthly amounts, unless
the school administrative district and that member municipality mutually agree to another method of payment.
[1989, c. 414, §6 (new).]
Section History:
PL 1981,
Ch. 693,
§5,8
(NEW).
PL 1983,
Ch. 364,
§5
(AMD).
PL 1989,
Ch. 414,
§6
(AMD).
PL 1997,
Ch. 266,
§3
(AMD).
PL 1999,
Ch. 75,
§3
(AMD).
PL 1999,
Ch. 206,
§1
(AMD).
PL 2005,
Ch. 2,
§D10
(AMD).
PL 2005,
Ch. 2,
§D72,74
(AFF).
PL 2005,
Ch. 12,
§WW18
(AFF).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 20-A - §1408. State board review of commissioner's decisions
Title 20-A: EDUCATION
Part 2: SCHOOL ORGANIZATION
Chapter 103: SCHOOL ADMINISTRATIVE DISTRICTS
Subchapter 6: REORGANIZATIONS
§1408. State board review of commissioner's decisions
A school administrative unit or other interested parties may request that the state board reconsider decisions made by the
commissioner under this subchapter. The state board may have the authority to overturn decisions made by the commissioner.
In exercising this power, the state board is limited by this subchapter.
[1987, c. 395, Pt. A, § 65 (new).]
Section History:
PL 1987,
Ch. 395,
§A65
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 20-A - §1409. Rules
Title 20-A: EDUCATION
Part 2: SCHOOL ORGANIZATION
Chapter 103: SCHOOL ADMINISTRATIVE DISTRICTS
Subchapter 6: REORGANIZATIONS
§1409. Rules
The state board may adopt rules to carry out this subchapter.
[1987, c. 395, Pt. A, § 65 (new).]
Section History:
PL 1987,
Ch. 395,
§A65
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
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