Harpswell Information

Selectman Weil's reasoning 

January 28 is 51 days from receipt of the petition. The law re referenda says the selectmen have 60 days to call a special meeting, though that has meant in practice that the special election is held quite close to 60 days from receipt.  So we were certainly acting consistently with the spirit of that law.  However, and notwithstanding the ability of anyone to understand or appreciate my logic, I wanted a vote to take place so that, if it were favorable, it would influence the passage of the special education funding for Harpswell.  The passage of a bill requires approval of the Education Committee, the Appropriation Committee (which occurs only in the last few days of the session), both the House and Senate and signature of the Governor.  We have never been promised anything other than that the bill would go to the Education Committee with the support of the Department of Education.  It will be at greatest risk on the Appropriations table.
 Gordon L. Weil

Procedure for a petition for withdrawal

1. Ten percent petition. Upon receipt of a petition which seeks to dissolve a school administrative district and establishes a maximum figure for the cost of preparing a dissolution agreement signed by 10% of the number of voters in a municipality who voted at the last gubernatorial election, the municipal officers shall call and hold a special election, in the manner provided for the calling and holding of town meetings or city elections to vote on the dissolution of the school administrative district.
     A. At least 10 days before the election, a posted or otherwise advertised public hearing on the petition shall be held by the municipal officers. 
   (Note: It also says it must be done by secret ballot)

• Normal petition

2522. Petition for article in warrant
On the written petition of a number of voters equal to at least 10% of the number of votes cast in the town at the last gubernatorial election, but in no case less than 10, the municipal officers shall either insert a particular article in the next warrant issued or shall within 60 days call a special town meeting for its consideration

• Vote:

According to state law the following is the form of the question we will be voting on.

"Article : Be it resolved by the residents of the Town of that a petition for dissolution be filed with the directors of School Administrative District No. and with the commissioner, that the dissolution committee be authorized to expend $ and that the (municipal officers; i.e. selectmen, town council, etc.) be authorized to issue notes in the name of the Town of or otherwise pledge the credit of the Town of in an amount not to exceed $ for this purpose?

Yes No "

• The Agreement
  Title 20-A: EDUCATION
    Part 2: SCHOOL ORGANIZATION
      Chapter 103: SCHOOL ADMINISTRATIVE DISTRICTS
        Subchapter 6: REORGANIZATIONS
          
  §1403. Dissolution of a district

(1) The agreement shall contain provisions to provide educational services for all students in the district. The agreement shall provide that during the first year following the dissolution, students may attend the school they would have attended if the district had not dissolved. The allowable tuition rate for students sent from one municipality to another in the former school administrative district shall be determined under section 5805, subsection 1, except that it shall not be subject to the state per pupil average limitation in section 5805, subsection 2.

(2) The agreement shall establish the dissolution to take effect at the end of the district's fiscal year.

(3) The agreement shall establish that the dissolution will not cause a need within 5 years from the effective date of dissolution for school construction projects which would be eligible for state funds. This limitation does not apply where a need for school construction existed prior to the effective date of the dissolution or where a need for school construction would have arisen even if the district had not dissolved.

 (5) The agreement shall provide for administration of the new administrative units, which should not include the creation of new supervisory units if at all possible.

 (7) The agreement shall make appropriate provision for the distribution of any outstanding financial commitments to the superintendent of the school administrative district.

 (9) The agreement shall provide for the continuation of continuing contract rights under section 13201, subsection 2.

 (11) The agreement shall provide for the transition of administration and governance of the schools to properly elected governing bodies of the newly created administrative units and shall provide that the governing bodies shall not be elected simultaneously with the vote on the article to dissolve unless the commissioner finds there are extenuating circumstances which necessitate simultaneous elections.