NOTICE OF INTENT

REORGANIZATION PLAN

SAU Submitting: __Please see “Reorganization Plan Submittal Sheet”

Contact Information: __Robert E. English, RPC Chair

Date Submitted by SAU: March 14, 2008

Proposed RSU Operational Date: ___July 1, 2009_____

POLICY OBJECTIVES

It is declared the policy of the State to provide sufficient resources to support the reorganization of school administrative units into regional, state-approved units of school administration to provide:

1. Opportunity. Equitable educational opportunity for all students to demonstrate achievement of the content standards of the State’s system of learning results established in section 6209;

2. Programs. Rigorous academic programs that meet the requirements of the system of learning results established in section 6209 and that prepare students for college, careers and citizenship;

3. Delivery. Uniformity in the delivery of academic programs that meet the requirements of the system of learning results established in section 6209;

4. Tax rates. A greater uniformity of tax rates for the support of schools;

5. Sustainability. The efficient use of limited resources in order to achieve long-term sustainability and predictability in the support of public schools;

6. Public funds. Effective use of the public funds expended for the support of public schools by means of:

A. The creation of cost-efficient organizational structures; and

B. Administrative structures and efficiencies that permit the organized and regular delivery of uniform state-sponsored professional development programs to promote coherence and consistency in the understanding and application of the State’s standards-based system for continuous improvement in student achievement;

7. School choice. The preservation of opportunities for choice of schools; and

8. Services. The maximization of opportunities to deliver services that can more effectively be provided in larger districts than from within smaller units or individual schools.

Regional school units shall provide kindergarten to grade 12 public education, in accordance with Title 20-A, and shall develop and implement policies that address efficiencies in administration, educational programming and the sharing of community resources for the continuous improvement of student achievement and the preparation of students for college, careers and citizenship.

PARAMETERS FOR PLAN DEVELOPMENT

In order for the plan to be approved by the Commissioner, the governing bodies of school administrative units shall work within the following parameters.

1. The proposed regional school unit must serve not fewer than 2,500 students, except where circumstances relating to the following factors justify an exception:

(a) Geography, including physical proximity and the size of the current school administrative unit;

(b) Demographics, including student enrollment trends and the composition and nature of communities in the regional school unit;

(c) Economics, including existing collaborations to be preserved or enhanced and opportunities to deliver commodities and services to be maximized;

(d) Transportation;

(e) Population density; or

(f) Other unique circumstances including the need to preserve existing or developing relationships, meet the needs of students, maximize educational opportunities for students and ensure equitable access to rigorous programs for all students.

When circumstances justify an exception to the size requirement of 2,500 students, the unit must serve as close to 2,500 students as possible and in no case, except for coastal islands and schools operated by tribal school committees, may it serve fewer than 1,200 students.

2. The plan must provide comprehensive programming for all students from kindergarten to grade 12 and must include at least one publicly supported secondary school.

3. The plan must be consistent with the POLICY OBJECTIVES set forth above.

4. The plan may not displace teachers or students or close any schools existing and operating during the school year immediately preceding reorganization, except as permitted as follows:

20-A MRSA

§ 1511. Supermajority vote to close school in the regional school unit

A school operated within the regional school unit may not be closed unless closure of the school is approved at a regular or special meeting of the regional school unit board by an affirmative vote of 2/3 of the elected membership or voting power of the regional school unit board.

§ 1512. Closing school

1. Vote; cost of election. A school in a member municipality of a regional school unit may not be closed unless the voters in the member municipality vote on the article in accordance with the referendum procedure set forth in this chapter.

”Article: Do you favor authorizing the board of directors of (name of regional school unit) to close ............................................. (name of school)?

Yes No

The additional cost of keeping the school open has been estimated by the regional school unit board to be $ .........”

The election must be conducted within that member municipality only, pursuant to department rule, and the costs of the election are borne by the regional school unit.

2. Expense of keeping the school open. If the voters vote by a majority vote to keep the school open, the member municipality is liable for some additional expense for actual local operating costs and transportation operating costs as defined in section 15672. The determination of costs is subject to the approval of the commissioner. The cost to be borne by the municipality voting to keep a school open is the amount that would be saved if the school were closed. Any additional costs that must be borne by the member municipality must be part of the article presented to the voters at the meeting to determine whether the school should remain open.

3. Costs and procedures during subsequent years. During any year subsequent to the year during which a school remains open contrary to the regional school unit board’s vote to close that school as a result of a municipal referendum, the school will be open without any additional cost to the municipality except as described in paragraphs A and B.

A. If the regional school unit board again votes to close the school and the voters of the member municipality again vote to keep the school open, as described in this subsection, then the school will remain open and the member municipality will be obligated to pay the additional costs as described in subsection 2.

B. If the regional school unit board again votes to close the school and the voters of the member municipality fail to vote to keep the school open, then the school is closed. In this event, the school may be reopened only if the regional school unit board votes to reopen the school.

4. Definition of school closing. For purposes of this section, a school closing is any action by the regional school unit board that has the effect of providing no instruction for any students at that school.

5. Method of payment by liable municipality. If a municipality is liable for additional expenses as determined in subsection 3, paragraph A, then the amount of this additional expense must be subtracted from the regional school unit budget before each member municipality’s assessment is computed. This additional expense must be paid by the member municipality that is liable in equal monthly amounts, unless the regional school unit and that member municipality mutually agree to another method of payment.

6. Multiple municipalities. If a school proposed for closure is an elementary school that serves students from more than one municipality, the article set forth in subsection 1 must be submitted to the voters in each of the municipalities that sent all elementary students from that municipality to the school. If the article is approved by a majority of the voters in each of the municipalities, the school is not closed and the municipalities share in the costs under this section in the same proportion as they share the current operating costs of the school.

REQUIRED ELEMENTS OF THE PLAN

1. The units of school administration to be included in the proposed reorganized regional school unit.

Litchfield School Department

Sabattus School Department

Wales School Department

Litchfield, Sabattus, and Wales Community School District

2. The size, composition and apportionment of the governing body. The regional school unit board shall be composed of 9 members. Each municipality in the RSU shall elect the following number of its residents to serve on the Board and their votes shall be weighted as follows:

Town	Population	# of Votes	# of Members	Votes per member	% weight per member	If all members had same votes	If all members had same %	Excess over equal
Litchfield	3419	358	3	119	11.93%	111	11.11%	0.82%
Sabattus	4675	490	4	122	12.24%	111	11.11%	1.13%
Wales	1455	152	2	76	7.62%	111	11.11%	-3.49%

Totals	9549	1000	9

The total number of member of the Board shall remain at 9 but composition and weight of votes will be reassessed following each subsequent Federal Decennial Census following approval of this Plan.

3. The method of voting of the governing body. Weighted Vote by municipality as laid out in paragraph 2 above.

4. The composition, powers and duties of any local school committees to be created. Not Applicable, no local school boards are proposed as part of the plan.

5. The disposition of real and personal school property. All real and personal school property in use/owned by any of the current SAUs forming this new RSU as of June 30, 2008 will be transferred to the new RSU effective July 1, 2009.

6. The disposition of existing school indebtedness and lease-purchase obligations if the parties elect not to use the provisions of section 1506 regarding the disposition of debt obligations.

A. Bonds, Notes and Lease Purchase Agreements That the Region Will Assume. None.

B. Bonds, Notes and Lease Purchase Agreements That the Region Will Not Assume. (Insert list provided by Business Manager)

C. New Capital Project Debt that Region Will Issue and Assume. None.

D. New Capital Project Debt that the Region Will Issue But Will Not Assume. None.

E. Defaulted Debt is Excluded from Being Assumed. Notwithstanding anything in this Plan to the contrary, except where legally required to do so, the region will not assume any bond, note or lease purchase agreement as to which the SAU is in breach or has defaulted.

F. Other Debt Not Assumed. Except as provided in this section of the Plan, the region will not assume liability for any bonds, notes or lease purchase agreements issued by an SAU prior to the operative date of the region.

7. The assignment of school personnel contracts, school collective bargaining agreements and other school contractual obligations.

A. School Personnel Contracts. A list of all written individual employment contracts to which each of the existing SAUs is a party is attached as Exhibit 7-A. Pursuant to Section XXXX-43(5), individuals on the list who are employed on the day before the operational date shall become employed by the RSU as of the operational date, and their contracts shall be assumed by the RSU on the operational date. This provision does not prevent the existing SAUs from terminating or nonrenewing the contracts of employees in accordance with applicable law before the operational date of the RSU. The list shall be updated and made final no later than the day before the operational date of the RSU.

A list of all employees of the existing SAUs who do not have written individual employment contracts is attached as Exhibit 7-B. Pursuant to Section XXXX-43(5), individuals on the list who are employed on the day before the operational date shall become employed by the RSU as of the operational date. This provision does not prevent the existing SAUs from terminating employment of the employees in accordance with applicable law before the operational date of the RSU. The list shall be updated and made final no later than the day before the operational date of the RSU. At the time of this Plan’s writing there were no employees of the existing SAUs who fall into this category. However, should it become known that there are some, or a new employee is hired that fits this category, Exhibit 7-B will be established and kept updated.

The duties and assignments of all employees transferred to the RSU shall be determined by the Superintendent of the RSU or his/her designee.

B. School Collective Bargaining Agreements. The following collective bargaining agreements to which the SAUs are a party shall be assumed by the regional school unit board as of the operational date:

SAU	Positions Incl. in Bargaining Unit	Next Termination Date
Litchfield	Teachers, Counselors/Social Worker,	8/31/2010
	Technical Integrationist, Librarian, Nurse
Litchfield	Bus Drivers, Head Bus Driver, Data	6/30/2009
	Entry, Custodians, Head Custodian,
	Secretary, Administrative Assistant,
	Ed Techs I/II/III, Food Service, Food
	Service Manager
Sabattus	Teachers, School Counselors, Nurse,	8/31/2009
	Librarian
Sabattus	Ed Techs I/II/III, OQMHP Techs II/III,	6/30/2009
	Secretary, Administrative Assistant,
	Bus drivers, Custodians	6/30/2009
Sabattus	Food Service Manager, Workers	8/31/2009
Wales	Secretary, Custodians,
Wales	Bus drivers, Head Bus Driver	6/30/2010
Wales	Food Service Manager, Worker	6/30/2009
CSD 15	Teachers, Nurse, Media Specialist,	8/31/2009
	School Counselor
CSD 15	Ed Techs I/II/III, Secretaries,	6/30/2008
	Head Custodian, Custodians, Bus
	Drivers, Kitchen Personnel

All of the employer’s rights and responsibilities with respect to collective bargaining shall be fully assumed by the regional school unit board as of the operational date.

C. Other School Contractual Obligations. All other contracts are listed in Exhibit 7C. This listing will be maintained and kept current throughout the reorganization process and may be used by the RSUs Superintendent and Board to ensure important services are maintained.

8. The disposition of existing school funds and existing financial obligations, including undesignated fund balances, trust funds, reserve funds and other funds appropriated for school purposes.

A. Existing Financial Obligations. Pursuant to Section XXXX-36(5) the disposition of existing financial obligations is governed by this plan.

Existing financial obligations shall include the following:

(i) all accounts payable;

(ii) to the extent not included as accounts payable, any financial obligations which under generally accepted accounting principles would be considered expenses of the SAU for any year prior to the year the RSU becomes operational, whether or not such expenses were budgeted by the SAU in the year the obligations were incurred, including for example summer salaries and benefits; and

(iii) all other liabilities arising under generally accepted accounting principles that can be reasonably estimated and are probable.

Each SAU shall satisfy its existing financial obligations from all legally available funds. If an SAU has not satisfied all of its existing financial obligations, the SAU shall transfer sufficient funds to the region to satisfy its remaining existing financial obligations, and the regional school unit board shall be authorized to satisfy those existing financial obligations on behalf of the SAU. If the SAU does not transfer to the region sufficient funds to satisfy its existing financial obligations, then to the extent permitted by law, the regional school unit board may satisfy those obligations from balances that the SAU transfers to the region. If the available balances transferred are insufficient to satisfy the SAUs existing financial obligations, or are not legally available for that purpose, the regional school unit board may take any action permitted by law so that all of the municipalities of the region are treated equitably with respect to the unsatisfied existing financial obligations of an SAU. For example, to the extent permitted by law, the regional school unit board may satisfy the unpaid existing financial obligations of an SAU in the same manner and with the same authority as for unassumed debt under the provisions of 20-A M.R.S.A. § 1506(4).

Additionally, to the extent permitted by law, if in the judgment of the regional school unit board it must raise funds from all its members to satisfy existing financial obligations of an SAU, the regional school unit board also shall be authorized to raise additional amounts for the purpose of making equitable distributions (which may be made in the form of credits against assessed local shares of the region’s approved budget) to those region members that would otherwise bear costs attributable to unsatisfied existing financial obligations of an SAU for which they had no financial responsibility. The intent of the preceding sentence is that financial responsibility for unsatisfied existing financial obligations of an SAU be borne by its members and not by the other members of the region.