§ 20-A §1255 — Reapportionment

The commissioner shall determine the necessity for reapportionment.
1.
Duties of commissioner.
The commissioner shall determine if a district is apportioned in accordance with the principles of one person, one vote, if:
2.
Awaiting census results.
If the commissioner receives a request within 12 months before a Federal Decennial Census or Federal Estimated Census, the commissioner may wait until after the new census figures are available to make a determination.
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.
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.
5.
Quorum.
A majority of the committee shall be a quorum.
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.
7.
Duties of the reapportionment committee.
The committee shall:
8.
Commissioner approval.
The commissioner shall approve or disapprove the committee plan within 30 days of receiving it.
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, the commissioner shall prepare a suitable plan.
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.
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.
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.
13.
Rules.
The state board may adopt rules to carry out this section.

Legislative History

PL 1981, c. 693, §§5,8 (NEW). PL 1983, c. 485, §10 (AMD). PL 1983, c. 806, §17 (AMD). PL 1987, c. 395, §§A53-A56 (AMD). PL 1993, c. 435, §3 (AMD). PL 2003, c. 57, §1 (AMD). PL 2003, c. 354, §§1,2 (AMD). RR 2019, c. 2, Pt. B, §§1, 2 (COR).