§ 20-A §1461 — Formation of a regional school unit; reorganization planning and approval

The residents of 2 or more school administrative units may form a regional school unit that is a body politic and corporate pursuant to this section.
1.
Notice of intent.
Each school administrative unit shall file with the commissioner a notice of intent to engage in planning and negotiations with other school administrative units for the purpose of developing a reorganization plan to form a regional school unit under this chapter. The commissioner shall respond to each notice of intent providing information regarding the process and whether the intended action complies with the requirements of this chapter.
2.
Reorganization planning committee.
The school administrative units that intend to engage in planning and negotiation to create a regional school unit shall form a reorganization planning committee.
3.
Submission of plans.
Each school administrative unit shall submit to the commissioner its proposed reorganization plan for consolidation into a regional school unit that meets the requirements of paragraphs A and B.
4.
Review and approval of plans.
If the commissioner finds that a plan for reorganization meets the requirements of this chapter, the commissioner shall notify the municipalities and school administrative units, and they shall proceed with referendum.
5.
Referendum on reorganization plan.
The municipal officers of each municipality in a proposed reorganized school administrative unit or alternative organizational structure shall place a warrant article substantially as follows on the ballot of a municipal referendum conducted in accordance with the referendum procedures applicable to the school administrative unit of which the municipality is a member."Article: Do you favor approving the school administrative reorganization plan prepared by the (insert name) Reorganization Planning Committee to reorganize (insert names of affected school administrative units) into a regional school unit or alternative organizational structure, with an effective date of (insert date)?Yes No"
6.
Results of referendum.
Each school administrative unit shall report the results of the referendum to the department following the referendum election.
7.
Certificate of organization.
If a plan or revised plan for reorganization has been approved by the commissioner and approved by voters at the referendum, the state board shall issue a certificate of organization to the school administrative units that are reorganized into a regional school unit.
8.
Retention of duties pending referendum.
Until the approval of a proposed school administrative reorganization plan at a referendum under subsection 5, each participating school administrative unit retains all authority, duties and obligations of the public employer of the employees of the school administrative unit pursuant to Title 26, chapter 9‑A, including but not limited to the authority and duty to negotiate a successor collective bargaining agreement that will take effect on or after the operational date of the proposed regional school unit.

Legislative History

PL 2007, c. 240, Pt. XXXX, §13 (NEW). PL 2007, c. 668, §4 (AMD). PL 2009, c. 107, §1 (AMD). PL 2009, c. 580, §§3, 4 (AMD). PL 2011, c. 251, §1 (AMD). PL 2011, c. 251, §12 (AFF). PL 2021, c. 537, §§1-3 (AMD).