Alternative Organizational Structures

Minor clarification on collective bargaining, 7/18/08

Public Law 2007, Chapter 668 was enacted by passage of LD 2323, An Act to Remove Barriers to the Reorganization of School Administrative Units, on April 18, 2008 and signed by the Governor that same day. The law allows reorganization planning committees to file a notice of intent to form an alternative organizational structure instead of a regional school unit, and establishes criteria for the formation of an alternative organizational structure.

An alternative organizational structure (AOS) is a regional school unit and still requires communities to function as a single school system that reports a single budget to the Department of Education, receives a single subsidy check, and has a common core curriculum and procedures for standardized testing and assessment. An AOS files reports with the state as a single unit and must adopt consistent school policies, and a plan for achieving consistent collective bargaining agreements. (Separate collective bargaining agreements are allowed, provided they are consistent.)

The plan for an AOS must also include an interlocal agreement in accordance with Title 30-A MRSA, Chapter 115, and a plan for presenting, approving, and validating the annual school budget that ensures K-12 budget transparency for its members and their voters. The law requires a plan to achieve that goal; it does not specify the details of how it must be achieved.

As of July 1, 2009, the school union type of governance structure is no longer allowed under the law. An AOS is more formal and more structured than a simple affiliation of independent school administrative units. The language in the law regarding alternative organizational structures does not describe a particular kind of structure. Rather it delineates the core functions that are the responsibility of the AOS as a whole. While the final structure that is approved may have some characteristics of a school union, it will function as a single unit, with expanded local control within the unit.

The language on alternative organizational structures provides the opportunity to present and have a reorganization plan for an AOS approved, following review of each individual plan. Alternative organizational structures still require submission of a reorganization plan, meaning they must meet not only the requirements of an alternative organizational structure, but also those of a reorganization plan (PL 2007, Chapter 240, Part XXXX, Sec. 36(2)(C)).

Exactly how applicants will build an alternative organizational plan is not specified in the new law so creativity will be the order of the day and that creativity must be focused on student opportunity and achievement and the means to efficiently deliver services in a sustainable way.

It is also important to remember that the alternative organizational structures are treated as one unit for the purpose of calculating allocations for Essential Programs and Services (EPS), state subsidy, and required state and federal reporting - in the very same manner as with regional school units. Alternative organizational structure reorganization plans, including their interlocal agreements, must reflect this integrated approach.

View a summary of the reorganization law, including changes resulting from LD 2323.

School Administrative reorganization

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Alternative Organizational Structures