APPROVED CHAPTER
APRIL 15, 2022 22
BY GOVERNOR P & S LAW
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-TWO
_____
H.P. 129 - L.D. 176
An Act To Facilitate a Grade 9 to 16 School Project
Be it enacted by the People of the State of Maine as follows:
Sec. 1. Authorization. The voters of School Administrative District No. 4, School
Administrative District No. 41 and School Administrative District No. 46 are authorized to
form a community school district under this Act. The community school district is
authorized to be formed only if the voters of each of these 3 school administrative districts
approve the formation in accordance with section 4. The voters of Regional School Unit
No. 64 are also authorized to participate in forming the community school district under
this Act in accordance with section 4. If formed, the new community school district is
authorized to construct a regional high school integrated with career and technical
education and postsecondary educational opportunities that the State Board of Education
has placed on the 2017-2018 approved projects list.
Sec. 2. Organization; operation; name. If the community school district
authorized under this Act is approved, the community school district:
1. Is a school administrative unit responsible for grades 9 to 12 under this Act and the
general law;
2. Shall operate a career and technical education center that is designated to serve the
students within its geographic region and that replaces the career and technical education
center operated by School Administrative District No. 46;
3. Is established as a body politic and corporate and a quasi-municipal corporation
within the meaning and for purposes of Title 30-A, section 5701; and
4. Consists of School Administrative District No. 4, School Administrative District No.
41 and School Administrative District No. 46. Regional School Unit No. 64, if approved
by the voters of that regional school unit, may also be a member.
The community school district territory includes the territories of its member school
administrative units.
The initial name of the community school district is "MidMaine Community School
District." At the first budget meeting of the community school district, the voters may select
a different name under a warrant article provided for that purpose.
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 Sec. 3. Continuity for approved regional high school. Before the formation of
the community school district under this Act, School Administrative District No. 4, School
Administrative District No. 41 and School Administrative District No. 46 are authorized to
form a joint regional high school committee from their school board memberships. The
committee is authorized to take all necessary or appropriate steps for the regional high
school that the State Board of Education has placed on the 2017-2018 approved projects
list to receive concept approval. Notwithstanding any provision of law to the contrary, the
State Board of Education is authorized to accept joint applications from and grant project
approvals to the joint regional high school committee, including site approval and concept
approval, but may not give further approvals after concept approval unless the formation
of the community school district and the regional high school project are approved pursuant
to this Act. Regional School Unit No. 64 may but is not required to participate in the joint
regional high school committee if approved by the State Board of Education. The State
Board of Education shall include all school administrative units and career and technical
education centers and regions affected by this Act in the planning and approval process.
Sec. 4. Referendum. The community school district may be formed by favorable
referendum votes in School Administrative District No. 4, School Administrative District
No. 41 and School Administrative District No. 46 as provided in this Act. Any of the
school boards of those school administrative districts may decide not to hold the
referendum, in which case the community school district may not be formed. The referenda
to approve the formation of the community school district and the construction financing
of the new regional high school must occur:
1. On the same day mutually selected by the 3 required school administrative district
school boards; or
2. If a date is not mutually selected by the 3 required school administrative district
school boards, on the first statewide election day occurring at least 90 days following State
Board of Education concept approval of the regional high school project.
The ballot questions for the formation of the new community school district and the
financing of the new regional high school construction must be substantially in the
following forms, with such changes in form and content as the school boards of the
proposed member school administrative units determine the development of the project
requires:
"Do you favor [name of school administrative unit voting] joining a new
community school district for the operation of grades 9 through 12, and
accepting the provisions of "An Act to Facilitate a Grade 9 to 16 School
Project," enacted by the Legislature?"
"Do you favor authorizing the school board of the new community school
district to issue bonds or notes in the name of the community school district
in an amount not to exceed $....................... to construct and equip a
regional high school with programming for both regular secondary
education and career and technical education and with opportunities for
postsecondary instruction, all on a single campus to be located at
………………?"
The 2nd question must be accompanied by disclosure information for school
construction projects required by law. Both questions may be modified or accompanied by
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other information that the school boards provide to accurately inform the voters. Unless
both questions are approved by a majority of the voters voting in each of the 3 required
school administrative districts, the community school district may not be formed.
The school board of Regional School Unit No. 64 may call a similar referendum on the
same day for purposes of joining the community school district formed under this Act. If
the voters of that regional school unit approve both questions, Regional School Unit No.
64 may also be a member of the community school district. If the school board of Regional
School Unit No. 64 elects not to participate in the referendum, or if it participates and its
voters do not approve both questions, it is not a member of the community school district.
After the referendum, the secretary of each school administrative district, and Regional
School Unit No. 64, if applicable, shall file a return of voting with the Commissioner of
Education. The commissioner shall determine if each of the school administrative units by
majority vote has approved both questions and shall notify the 3 required school
administrative districts, and Regional School Unit No. 64, if applicable, whether the
community school district is formed and whether the membership also includes Regional
School Unit No. 64.
Sec. 5. Certificate of organization; transitional period. If the community
school district is formed, the Commissioner of Education shall issue to the member school
administrative units a dated certificate of organization for the community school district
setting forth the community school district's official name, listing its member school
administrative units and describing the composition and voting method of its school board
and the cost-sharing formula. The certificate of organization is conclusive evidence of the
community school district's lawful organization. The commissioner shall report the results
to the State Board of Education. The effective date of organization is the date the
commissioner issues the certificate, as long as the community school district's first
operational year begins on a July 1st that follows the date of the referendum by at least 210
days. The period between the date of organization and the beginning of the first operational
year is a transitional period as described in sections 8 and 9.
Sec. 6. Governance; board composition and apportionment. If the
community school district is formed, the school board of the community school district is
a district school committee for all purposes of and has the duties and authority of a
community school district board of trustees under the Maine Revised Statutes, Title 20-A,
chapter 105. The members of the school board must be selected by appointment from the
school boards of the member school administrative units, as provided by the general law
for a community school district that does not include kindergarten and grades one to 12.
The school board of the community school district consists of 12 members if Regional
School Unit No. 64 is a member and 9 members if it is not. Since the board is an appointed
board, representation and voting power are equally divided among the member school
administrative units. The voters of the community school district may authorize a change
in the number of school board members appointed by each member school administrative
unit, as long as the number of board members each member school administrative unit
appoints and the voting power of each school board member remains equal.
Sec. 7. Continued existence. Upon the beginning of the community school district's
first operational year, the member school administrative units continue to exist for all
purposes of kindergarten and grades 1 to 8, and for prekindergarten if applicable,
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notwithstanding the provisions of the Maine Revised Statutes, Title 20-A, sections 1258
and 1479. The State Board of Education shall issue the member school administrative units
amended certificates of organization effective July 1st of the first operational year of the
community school district which are conclusive evidence of their continued lawful
organization, as amended. The member school administrative units must continue to
receive all federal and state school subsidy and general purpose aid for grades 9 to 12 until
the beginning of the first operational year of the community school district. Beginning in
the first operational year of the community school district, the member school
administrative units must continue to receive federal and state school subsidies and general
purpose aid for kindergarten and grades 1 to 8, and for prekindergarten if applicable. The
member school administrative units as reorganized are governed by all of the applicable
provisions of Title 20-A to the extent not in conflict with this Act.
Sec. 8. Community school district during transitional period. Upon receipt
of the certificate of organization of the community school district, the school board of each
member school administrative unit shall appoint from its membership 3 individuals to serve
on the school board of the community school district. The superintendent of Alternative
Organizational Structure No. 94 shall call the first meeting of the school board and
supervise the oaths of office and the election of a board chair. The school board shall elect
a chair at its first meeting. The school board shall select a superintendent, who may be the
superintendent of one of the member school administrative units, to serve as the
superintendent of the community school district during the transitional period. During the
transitional period, the school board shall prepare and submit the community school
district's budget for the first operational year in accordance with this Act and the general
law. During the transitional period, the school board has all authority reasonably necessary
to prepare for the first operational year and for the design, construction and financing of
the new regional high school, including hiring a superintendent and other employees,
adopting school policies, negotiating contracts and collective bargaining agreements for
the first operational year and thereafter, opening accounts, contracting for services and
property, including a site for the new regional high school, closing on real estate for the
new regional high school, issuing bonds or notes for the regional high school project or for
other capital or working capital needs and other authority necessary for those purposes and
provided to school committees of fully operational community school districts by the
general law.
Sec. 9. School district members during transitional period. If the community
school district is formed, the member school administrative units are responsible for the
costs of the community school district incurred for the transitional period in an amount
reasonably determined by the school board of the community school district in proportion
to their secondary pupil counts on the state funding reports for each member school
administrative unit for that fiscal year. The member school administrative units shall fund
an account opened by the community school district for those costs. The member school
administrative units shall continue to operate secondary schools during the transitional
period.
Sec. 10. Educational continuity and coordination. If the community school
district is formed, the community school district and its member school administrative units
shall consult and work together to achieve educational continuity and coordinate the
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transfer of responsibility for grades 9 to 12 to the community school district for its first
operational year and thereafter.
Sec. 11. Transfer of assets; assumption of liabilities. If the community school
district is formed, all real property that is currently owned or used for grades 9 to 12 must
remain property of the member school administrative units, for the members' use or
disposition. The community school district shall lease the high schools and the career and
technical education center from the member school administrative units from year-to-year
for $1.00 annual rent plus all building costs, including insurance, utilities, maintenance and
repairs, together with an amount equal to the annual debt and heating, ventilation and air
conditioning lease payments on the high schools, if any, during the period commencing on
July 1st of the first operational year and ending upon the substantial completion and
occupancy of the new regional high school. For any buildings used by the high school
grades and by other grades or for other purposes, the costs must be allocated equitably for
purposes of this section. As of July 1st of the first operational year of the community school
district, the member school administrative units shall reach an equitable agreement with
the community school district to share transportation costs and services. When appropriate,
this may include transfer of title to an equitable portion of a member school administrative
unit's bus fleet to the community school district for its use and disposition, subject to
outstanding financing. The community school district shall pay the costs of outstanding
financing on transferred buses when or before due. As of July 1st of the first operational
year of the community school district, the member school administrative units shall also
transfer by bill of sale or other instrument ownership of all other equipment, furnishings
and other tangible and intangible assets, including accounts receivable but excluding cash,
purchased or primarily used by or attributable to high schools or the career and technical
education center, subject to outstanding financing. The community school district shall pay
the costs of outstanding financing for transferred assets when or before due. The member
school administrative units shall also equitably share with the community school district
the costs and benefits of service contracts with vendors.
Sec. 12. Allocation of existing fund balances; accrued liabilities. If the
community school district is formed, as of July 1st of the first operational year of the
community school district, and no later than that date, each member school administrative
unit shall transfer an estimated share of all funds, allocable in proportion to its number of
secondary students and the total number of students in that member school administrative
unit on the state funding report of the member for that year. The amount transferred may
be reduced if necessary so as not to be more than an amount that is equitably proportionate
to the amounts transferred by the other member school administrative units to the
community school district based on their respective numbers of secondary and total
students. These amounts may be adjusted by additional payments or refunds, based on
completed audits of the member school administrative units for the fiscal year prior to the
first operational year, and within 45 days of the completion of those audits. The community
school district shall pay the accrued summer salary and benefit liabilities of the member
school administrative units attributable to their secondary teachers and staff for the fiscal
year prior to the first operational year of the community school district and payable in the
first operational year of the community school district.
Sec. 13. Transfer of teachers and employees; system administrators. If the
community school district is formed, as of July 1st of the first operational year of the
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community school district, the provisions of the Maine Revised Statutes, Title 20-A,
section 1464, subsection 4 apply with respect to those teachers and employees of the
member school administrative units that work primarily at the secondary level or on behalf
of secondary students. All