[Local-Maine-Schools] Summary of DoE responses to 12/01 plan submissions

Dick Atlee atlee at umd.edu
Fri Dec 21 09:30:56 EST 2007


Brian Hubbell wrote:
> DoE this morning released a compilation of the Commissioner's
> responses to the December 1st submissions.
> You can read the press release here:
> http://www.maine.gov/tools/whatsnew/index.php?topic=DOENews&id=47348&v=article
> 
> You can see a table that I built from their data here:
> http://mdischools.net/20071220_DoE_ResponsesSummary.htm

Thanks for a great job on the table, Brian!!

OK, so I've looked at The Commissioner's MDI rejection response at

http://www.maine.gov/education/supportingschools/plansandresponses/MDI.pdf

It does rather floor one, does it not?  (I'm glad there's a doctor in 
the house :-))  In particular among her objections:

"3. the apparent assignment to each local school committee of the 
authority to assess their municipalities for the K-8 portions of the 
budget related to their schools, where the authority to assess is 
specifically given to the RSU Board under 20-A MRSA Section 1489;"

This seems a bit odd, given the letter of understanding sent to her in 
June summarizing the intense pre-vote negotiating meeting that saved her 
from losing the entire bill:

"3. The regional school unit board may grant broad powers to municipal 
or local school committees. Among those are powers over policy and 
purse, including but not limited to the right for each board and the 
community it serves to create, raise, appropriate and administer its own 
elementary school budget exclusively within that municipality. See also 
§1481: ...'Notwithstanding any provisions of law [to the] contrary, a 
municipality within a regional school unit may raise money and direct 
the spending of the funds, to a school serving children from 
kindergarten to no higher than grade 8.'"

Her response at the time was

"3. Powers of Municipalities and Local School Committees.  A 
municipality within an RSU may raise additional funds for K-8 schools in 
its community.  A local school committee formed by the RSU could 
administer the budget of that local school, if given that power by the 
RSU.  However, the ultimate budgetary and accounting authority for all 
funds used by the RSU is the RSU board.  The law specifies that the RSU 
board is responsible for preparation of the annual K-12 budget."

As I recall, the phrase "Notwithstanding any provisions of law to the 
contrary" was what got her bill passed.  After all that, has she chosen 
to ignore it, or am I missing something?

Dick





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