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March 10, 2009 Jay Finegan, 287-1445
Rep. Fitts’ Bill Would Give ‘Orphan Schools’ Reprieve from Financial Penalties

AUGUSTA – State Rep. Stacey Fitts said today that he expects the Legislature to pass LD 635, his bill to delay financial penalties for so-called “orphan schools,” those which have been spurned as consolidation partners. His legislation includes an emergency preamble, which means it would take effect immediately after being signed into law by the governor.

“The bill essentially buys more time for school districts that tried to consolidate with other districts but were rejected,” said Rep. Fitts (R-Pittsfield). “My school district, SAD 53, is a good example. It could lose $180,000 in state aid, even though our communities voted to consolidate with SAD 59. The SAD 59 voters turned down the measure. But the way the law is written, SAD 53 now faces a big fine. It is profoundly wrong to penalize schools and taxpayers who tried to do the right thing. The law is flawed, and this bill will provide a remedy.”

According to the Maine Department of Education, a total of 17 school administrative units statewide are caught in the same trap as SAD 53, facing fines for non-conformance after being rejected by potential consolidation partners. The other 16 are in Castine; Deblois; Gilead; Highland Plantation; Madawaska; Stacyville; Fort Kent; Harrington; Bethel; Dover-Foxcroft; Anson; Millinocket; Moro Plantation; Surry; Upton; and Vanceboro.

Rep. Fitts has plenty of backing to get the bill through the Legislature. He drafted it with the support of Education Commissioner Susan Gendron; and 45 cosponsors have signed aboard, including the speaker of the House and the president of the Senate. “There’s a multitude of bipartisan support,” he said. “It’s hard to imagine a scenario under which this bill would fail.”

LD 635 is officially entitled “An Act to Provide Additional Time to Certain School Administrative Units to Comply with School Administration Unit Reorganization Laws.” It has been referred to the Education Committee, where House Chair Patricia Sutherland (D-Chapman) has assured Rep. Fitts that the bill will be fast-tracked. The intent would be to bring it to a vote before the Legislature considers a bill to repeal the entire school consolidation law outright. If that repeal bill fails in the Legislature, it would become a referendum item on the November 2009 ballot.

Under LD 635, orphan districts would receive an extension to July 1, 2010, to try again to consolidate with the same districts that rejected them or with different school administrative units. The Department of Education would be directed to help prepare another reorganization plan. To qualify for the extension, a school administrative unit must have approved a reorganization plan at a referendum prior to January 30, 2009.

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