20-A §2104. Withdrawal from union school - Maine Statutes

Title 20-A: EDUCATION

Part 2: SCHOOL ORGANIZATION

Chapter 109: UNION SCHOOLS

§2104. Withdrawal from union school

1. Petition. The residents of a participating municipality within a union school may petition to withdraw from the union in the same manner as they would petition for the dissolution of a union school in accordance with section 2103, 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 school committee and to the commissioner.

[ 1991, c. 864, §1 (NEW) .]

2. Procedure. The steps set forth in section 1403 for dissolution apply to the withdrawal of a member municipality from a union school, except that:

A. The responsible committee for preparing the withdrawal agreement must be limited to individuals from the municipality; [1991, c. 864, §1 (NEW).]

B. Instead of a union-wide election, a municipal election must be conducted in the municipality petitioning to withdraw and a 2/3 vote of those casting valid ballots in the municipality is required before it may withdraw; [1991, c. 864, §1 (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 must be substituted; [1991, c. 864, §1 (NEW).]

D. All public hearings required under section 1403 must be conducted by the municipal officers; and [1991, c. 864, §1 (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. [1991, c. 864, §1 (NEW).]

[ 1991, c. 864, §1 (NEW) .]

3. Cost of advisors. The expense of employing competent advisors by the municipality petitioning to withdraw must be borne by the municipality and the expense of employing competent advisors by the union must be borne by the union with the municipality bearing its share according to the union's cost-sharing agreement.

[ 1991, c. 864, §1 (NEW) .]

4. Commissioner-recommended dissolution. The commissioner's responsibilities to initiate dissolution proceedings are as follows.

A. If a member town in a union school votes to withdraw from the union, the commissioner shall determine the educational impact of the town's withdrawal upon the union. The union's school committees and the municipal officers from the remaining towns must be consulted. [1991, c. 864, §1 (NEW).]

B. If the commissioner finds that it is impractical for the remaining towns to continue as a union, the commissioner must initiate the dissolution process set out in section 1403 by having the union submit the following article to the voters at a union meeting called in accordance with sections 1351 to 1354.

"Article ..................: Be it resolved by the voters of Union School No. .................. that a dissolution committee be appointed and authorized to expend $.................... and the school committees of Union School No. ...................... be authorized to issue notes or otherwise pledge the credit of Union School No. .................... in an amount not to exceed $........................ for this purpose?

Yes ................... No ......................"

[1991, c. 864, §1 (NEW).]

C. If the voters approve the article by a majority vote of those present and voting, the rest of the dissolution process set forth in section 1403 applies except:

(1) A 2nd member from the general public must be selected by the municipal officers to fill the position on the dissolution committee normally held by a representative of the group that would have filed the dissolution petition; and

(2) Costs of preparing a dissolution agreement must be borne solely by the union school. [1991, c. 864, §1 (NEW).]

[ 1991, c. 864, §1 (NEW) .]

5. Transfer of property. The union's school committees may negotiate with the withdrawal committee regarding an equitable division of the union school's property between the union and the municipality represented by the committee and transfer title of the property to the municipality following withdrawal. The school committees must determine that the union's educational program may not be disrupted solely because of the transfer of any given property before the union's school committees may complete the transfer.

[ 1991, c. 864, §1 (NEW) .]

SECTION HISTORY

1991, c. 864, §1 (NEW).