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An Act Regarding the Withdrawal of a Single Municipality from a Regional School Unit
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 20-A MRSA §1466, sub-§4, ¶A, as enacted by PL 2009, c. 580, §9, is amended to read:
 
A. The commissioner shall direct the municipal officers of the petitioning municipality to select representatives to a withdrawal committee as follows: one member from the municipal officers, one member from the general public and one member from the group filing the petition. The commissioner shall also direct the directors of the regional school unit board representing the petitioning municipality to select one member of the regional school unit board who represents that municipality to serve on the withdrawal committee. The municipal officer and the member of the regional school unit board serve on the withdrawal committee only so long as they hold their respective offices. Vacancies must be filled by the municipal officers and the regional school unit board. The chair of the regional school unit board shall call a meeting of the withdrawal committee within 30 days of the notice of the vote in subsection 3. The chair of the regional school unit board shall open the meeting by presiding over the election of a chair of the withdrawal committee. The responsibility for the preparation of the agreement rests with the withdrawal committee, subject to the approval of the commissioner. If the withdrawal committee submits a proposed agreement to the directors of the regional school unit board, the directors shall respond to the withdrawal committee within 30 days of receipt of the proposed agreement. The withdrawal committee may request the commissioner to provide assistance to the withdrawal committee and the directors of the regional school unit board in any negotiations that may occur between the withdrawal committee and the directors of the regional school unit board relating to the agreement. If requested, the commissioner shall provide that assistance. The withdrawal 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 must be submitted to the commissioner within 90 days after the withdrawal committee is formed. Extensions of time may be granted by the commissioner upon the request of the withdrawal committee.
 
(1) The agreement must contain provisions to provide educational services for all students of the petitioning municipality within the regional school unit. The agreement must provide that during the first year following the withdrawal students may attend the school they would have attended if the petitioning municipality had not withdrawn. The allowable tuition rate for students sent from one municipality to another in the former regional school unit must be determined under section 5805, subsection 1, except that it is not subject to the state per pupil average limitation in section 5805, subsection 2.
 
(2) The agreement must establish that the withdrawal takes effect at the end of the regional school unit's fiscal year.
 
(3) The agreement must establish that the withdrawal will not cause a need within 5 years from the effective date of withdrawal for school construction projects that would be eligible for state funds. This limitation does not apply when a need for school construction existed prior to the effective date of the withdrawal or when a need for school construction would have arisen even if the municipality had not withdrawn.
 
(4) The agreement must establish how transportation services will be provided.
 
(5) The agreement must provide for administration of the new administrative unit, which should not include the creation of new supervisory units if at all possible.
 
(6) The agreement must 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 withdrawal.
 
(7) The agreement must provide appropriately for the distribution of any outstanding financial commitments to the superintendent of the regional school unit.
 
(8) The agreement must provide for the continuation and assignment of collective bargaining agreements as they apply to the new or reorganized regional school unit for the duration of those agreements and must provide for the continuation of representational rights.
 
(9) The agreement must provide for the continuation of continuing contract rights under section 13201.
 
(10) The agreement must provide for the disposition of all real and personal property and other monetary assets.
 
(11) The agreement must provide for the transition of administration and governance of the schools to properly elected governing bodies of the newly created administrative unit and must provide that the governing body may not be elected simultaneously with the vote on the article to withdraw unless the commissioner finds there are extenuating circumstances that necessitate simultaneous elections.
 
(12) The agreement must contain provisions to provide child nutrition services in compliance with state and federal laws at schools operated by the petitioning municipality.
 
(13) The agreement must include an anticipated budget for the petitioning municipality for the first year of operation of schools operated by the petitioning municipality. The budget must include an estimate of all revenues and expenditures in accordance with the cost center summary budget format pursuant to section 1485.
 
SUMMARY
This bill adds requirements to an agreement for withdrawal of a single municipality from a regional school unit. The additional requirements are a plan for providing child nutrition services and an anticipated budget for the first year of operation of schools operated by the petitioning municipality. The bill requires the directors of a regional school unit board to respond to a proposed agreement of a withdrawing municipality within 30 days. It also authorizes a withdrawing municipality to request the Commissioner of Education to provide assistance to the withdrawing municipality and the directors of the regional school unit board in negotiations relating to the withdrawal agreement.