Maine Revised Statutes Title 20-A Sec. 15904 – Local vote
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Prior to design and funding approval by the state board, a school construction project, except a small scale school construction project as defined in section 15901, subsection 4?A, must receive a favorable vote conducted in accordance with the following. [PL 2013, c. 167, Pt. B, §4 (AMD).]
1. Municipal schools. In a municipality where the responsibility for final adoption of the school budget is vested in a municipal council by municipal charter or in a town meeting, the vote shall be by referendum in accordance with the appropriate provisions set forth in Title 21?A and Title 30?A, except that the filing requirement contained in Title 30?A, section 2528, subsection 5, does not apply.
[PL 1987, c. 737, Pt. C, §§60, 106 (RPR); PL 1989, c. 6 (AMD); PL 1989, c. 9, §2 (AMD); PL 1989, c. 104, Pt. C, §§8, 10 (AMD).]
Terms Used In Maine Revised Statutes Title 20-A Sec. 15904
- Board of directors: means the governing body with statutory powers and duties for a school administrative district. See Maine Revised Statutes Title 20-A Sec. 1
- Community school district: means a state-approved unit of school administration composed of more than one municipality or school administrative district which may provide public education for any combination of kindergarten through grade 12. See Maine Revised Statutes Title 20-A Sec. 1
- Design and funding approval: means approval by the state board indicating that a school construction project's drawings and specifications have been developed to 100% completion, the project has gained the recommendations of the department and the school administrative unit is authorized to seek bids for the work. See Maine Revised Statutes Title 20-A Sec. 15901
- District school committee: means the governing body with statutory powers and duties for a community school district. See Maine Revised Statutes Title 20-A Sec. 1
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- Municipality: includes cities, towns and plantations, except that "municipality" does not include plantations in Title 10, chapter 110, subchapter IV; or Title 30?A, Part 2. See Maine Revised Statutes Title 1 Sec. 72
- Permanent space lease-purchase project: means the lease-purchase of permanent administrative space or permanent small nonadministrative or instructional space whose costs are wholly or partially eligible as debt service costs for subsidy purposes under section 15672, subsection 2?A, paragraph B, subparagraph (1) or subparagraph (3). See Maine Revised Statutes Title 20-A Sec. 15901
- Principal: means the person who supervises the operation and management of a school and school property as determined necessary by the superintendent under policies established by the school board. See Maine Revised Statutes Title 20-A Sec. 1
- Regional school unit: means the state-approved unit of school administration as established pursuant to chapter 103?A. See Maine Revised Statutes Title 20-A Sec. 1
- School administrative district: means a state-approved unit of school administration, composed of one or more municipalities which must provide public education to all public school students in the district. See Maine Revised Statutes Title 20-A Sec. 1
- School administrative unit: means a school administrative unit as defined by section 1, subsection 26 and a career and technical education region as defined by section 8301-A, subsection 6, except that in section 15907, the reference to "unit" or "school administrative unit" means a unit within a career and technical education region. See Maine Revised Statutes Title 20-A Sec. 15901
- School board: means a school board as defined in section 1, subsection 28 and the cooperative board of a career and technical education region. See Maine Revised Statutes Title 20-A Sec. 15901
- School committee: means the governing body with statutory powers and duties for a municipal school unit. See Maine Revised Statutes Title 20-A Sec. 1
- School construction project: means :
A. See Maine Revised Statutes Title 20-A Sec. 15901Small scale school construction project: means a project that will not be eligible for state subsidy and is limited to:
A. See Maine Revised Statutes Title 20-A Sec. 15901State board: means the State Board of Education. See Maine Revised Statutes Title 20-A Sec. 1 Town: includes cities and plantations, unless otherwise expressed or implied. See Maine Revised Statutes Title 1 Sec. 72
2. School administrative districts. In a school administrative district the vote must be conducted in accordance with section 1305 or sections 1351 to 1354.
[PL 1999, c. 81, §11 (AMD).]
3. Community school districts. In a community school district, the vote shall be conducted in accordance with Title 30?A, sections 2528 to 2532. The return and counting of votes shall be conducted in accordance with the procedures established in section 1353, subsection 3. The district school committee shall:
A. Issue a warrant ordering the municipalities within the district to place the school construction article on the ballot; and [PL 1981, c. 693, §§5, 8 (NEW).]
B. Prepare and furnish the required number of ballots for carrying out the vote. [PL 1981, c. 693, §§5, 8 (NEW).]
[PL 1987, c. 737, Pt. C, §§61, 106 (AMD); PL 1989, c. 6 (AMD); PL 1989, c. 9, §2 (AMD); PL 1989, c. 104, Pt. C, §§8, 10 (AMD).]
3-A. Regional school units. In a regional school unit, the vote must be conducted in accordance with chapter 103?A.
[PL 2007, c. 240, Pt. XXXX, §35 (NEW).]
4. Form. The article shall indicate:
A. [PL 1985, c. 248, §5 (RP).]
B. [PL 1985, c. 248, §5 (RP).]
C. [PL 2005, c. 12, Pt. WW, §8 (RP).]
D. The estimated amount of the additional operating costs during each of the first 2 years; and [PL 1981, c. 693, §§5, 8 (NEW).]
E. The school administrative unit is responsible for the local share of annual principal and interest payments for this school construction project included in the total cost of education appropriated pursuant to section 15690, subsection 1, if any, and for the annual principal and interest payments for the non-state-funded portion of this school construction project. [PL 2005, c. 12, Pt. WW, §9 (AMD).]
[PL 2005, c. 12, Pt. WW, §§8, 9 (AMD).]
5. Career and technical education regions. In a career and technical education region, the vote must be conducted in accordance with sections 1351 to 1354 and section 8465. References in sections 1351 to 1354 to school administrative unit and board of directors mean “career and technical education region” and “cooperative board,” respectively.
[RR 1991, c. 2, §72 (COR); PL 2003, c. 545, §5 (REV).]
6. Permanent space lease-purchase projects. A permanent space lease-purchase project, as defined in section 15901, subsection 4?B, whose costs are wholly eligible as debt service costs for subsidy purposes under section 15672, subsection 2?A, paragraph B must receive a favorable vote of the legislative body of the school administrative unit. A permanent space lease-purchase project whose lease-purchase costs are not eligible as debt service costs for subsidy purposes under section 15672, subsection 2?A, paragraph B must receive a favorable vote of the legislative body conducted in accordance with this section, except that subsection 4 does not apply. The vote may authorize the school board or school committee to enter into a mortgage, security interest or other encumbrance on the permanent space lease-purchase project determined to be necessary for the permanent space lease-purchase project.
[PL 2005, c. 683, Pt. B, §15 (AMD).]
SECTION HISTORY
PL 1981, c. 693, §§5,8 (NEW). PL 1985, c. 161, §4 (AMD). PL 1985, c. 248, §§3-5 (AMD). PL 1985, c. 506, §§B15,16,18 (AMD). PL 1985, c. 570, §§1,2 (AMD). PL 1985, c. 737, §A46 (AMD). PL 1987, c. 98, §§6,7 (AMD). PL 1987, c. 402, §A131 (AMD). PL 1987, c. 737, §§C60,C61, C106 (AMD). PL 1989, c. 6 (AMD). PL 1989, c. 9, §2 (AMD). PL 1989, c. 104, §§C8,C10 (AMD). RR 1991, c. 2, §72 (COR). PL 1999, c. 81, §§11,12 (AMD). PL 2003, c. 545, §5 (REV). PL 2005, c. 12, §§WW8,9 (AMD). PL 2005, c. 683, §B15 (AMD). PL 2007, c. 240, Pt. XXXX, §35 (AMD). PL 2013, c. 167, Pt. B, §4 (AMD).