Editor’s note: Throughout this week we are providing the list of ballot questions, a bit of background and explanation for the Tuesday, Nov. 3 statewide election. This page focuses on Question 3.
Question 3: An Act to Repeal the School District Consolidation Laws
Type of question: Citizen initiative – this referendum question attempts to enact a bill proposed by a citizen. If the majority of voters cast “yes” votes, the bill would become state law.
Proposed by: Lawrence Greenlaw, Jr., Stonington
Wording on ballot: Do you want to repeal the 2007 law on school district consolidation and restore the laws previously in effect?
What it does: As stated, this question asks voters to support the repeal of four subsections of the state’s education statutes, and the modification of two others. This would effectively undo the district consolidation effort undertaken by the state Department of Education at the direction of the Maine State Legislature in 2007.
According to the DOE, 88 percent of enrolled students across the state are now in a Regional School Unit or alternative plan which conforms with the consolidation law, while more than 120 communities remain in non-conforming arrangements. In many cases the voters of these communities and smaller school districts voted not to consolidate.
The consolidation law assesses a financial penalty for districts which do not conform with the law. That penalty was originally scheduled to be assessed against the non-confirming districts this year, but was delayed for one year by a LD 285, “An Act to Amend the Laws Governing the Consolidation of School Administrative Units to Delay All Penalties for One Year,” which was signed by Gov. John Baldacci in June.
Locally, voters in MSAD 9 and MSAD 58 opted to not proceed with consolidation, which resulted in MSAD 9 successfully applying for an alternative plan with DOE and MSAD 58 being considered a non-conforming district. Voters in the towns of Jay and MSAD 36 opted not to proceed with consolidation, which resulted in Jay School Department being considered a non-conforming district. School Union 37, consisting of Rangeley and the surrounding plantations, is exempt from the consolidation law after successful passage of “An Act To Exempt School Administrative District 12, School Union 37 and School Union 60 from the Laws Requiring School Administration Consolidation.”
Therefore, the districts representing the towns of Strong, Kingfield, Jay, Eustis, Phillips, Avon and Carrabassett Valley, which tuition students to MSAD 58 and has put forward no consolidation plan, are theoretically in line for the financial penalties.
Supporters/Opposition: Supporting the passage of Question 3 and, therefore, the repeal of the school consolidation law, is the Maine Coalition to Save Schools. Supporting the defeat of Question 3 and, therefore, maintaining the school consolidation law, is the Maine People for Improved School Education.
Supporters of a “yes” vote say: Maine Coalition to Save Schools claims that the consolidation law has not saved the state money, and was forced upon many districts under the threat of financial penalties for noncompliance. Furthermore, supporters of Question 3 say that the majority of the 88 percent of students in complying districts attend schools in cities, which were effectively immune to the consolidation process due to their high populations. The districts which have not complied and, therefore, face financial penalties, tend to be small, rural districts which did not want to cede local control to larger entities.
Supporters of a “no” vote say: Maine People for Improved School Education claims that the consolidation law is saving money, locally within the districts and for the state. Repealing the law, they warn, would cost the state an additional $37 million a year, a figure that is disputed by supporters of Question 3. Furthermore, supporters of a no vote on Question 3 say the consolidation law was an important step to decrease administration costs in a state where student enrollment has decreased 20 percent in the past 30 years.
The complete listing of questions for the Nov. 3 election, in order, appears below.
Question 1 (People’s Veto Question): “Do you want to reject the new law that lets same-sex couples marry and allows individuals and religious groups to refuse to perform these marriages?”
Question 2 (Citizen Initiative): “Do you want to cut the rate of the municipal excise tax by an average of 55% on motor vehicles less than six years old and exempt hybrid and other alternative-energy and highly fuel-efficient motor vehicles from sales tax and three years of excise tax?”
Question 3 (Citizen Initiative): “Do you want to repeal the 2007 law on school district consolidation and restore the laws previously in effect?”
Question 4 (Citizen Initiative): “Do you want to change the existing formulas that limit state and local government spending and require voter approval by referendum for spending over those limits and for increases in state taxes?”
Question 5 (Citizen Initiative): “Do you want to change the medical marijuana laws to allow treatment of more medical conditions and to create a regulated system of distribution?”
Question 6 (Bond Issue): “Do you favor a $71,250,000 bond issue for improvements to highways and bridges, airports, public transit facilities, ferry and port facilities, including port and harbor structures, as well as funds for the LifeFlight Foundation that will make the State eligible for over $148,000,000 in federal and other matching funds?”
Question 7 (Constitutional Question): “Do you favor amending the Constitution of Maine to increase the amount of time that local officials have to certify the signatures on direct initiative petitions?”
