Wells-Ogunquit Community School District Consolidation Update November 2008
School Committee Seeks Specific Reasons for Denial Intends to Appeal Commissioner’s Decision
Education Commissioner Susan Gendron has rejected the WellsOgunquit Community School District’s proposal to remain a stand alone district. In her letter to the CSD, Commissioner Gendron said the CSD’s request for an alternative was inconsistent with the goals of the reorganization law that she supports and is required to uphold. In addition, Ms. Gendron stated: “I have a responsibility to meet the law’s intent to reduce the number of school administrative units in the state from 290 to 80. Thus, in the absence of obvious grounds for an alternative plan I am making every possibility, statewide for reorganization.” As for the doughnut hole exception, Ms. Gendron noted that while it is true that surrounding communities are pursuing plans that do not include the CSD, there are “proximate, though not contiguous, units that could make for reorganization partners.” In response, the school committee has asked legal counsel to write a letter demanding to know the specific reasons outlined in the law for her denial and to inform her of the CSD’s intent to appeal her decision in superior court. Under the law, the CSD would need to make a showing that the decision was “arbitrary and capricious” in order to prevail against the Commissioner’s office. SOME ALTERNATIVE PLANS APPROVED BY THE STATE SERVING MORE THAN 1,200, BUT LESS THAN 2,500 PUPILS
School Unit SAD 64 (Corinth) SAD 55 (Sacopee) SAD 72 (Fryeburg) Lisbon SAD 3 (Unit) York Enrollment 1,283 1,285 1,341 1,411 1,516 1,968
(13 of 34 units have less than 2,500) UNAPPROVED SCHOOL UNITS SERVING OVER 1,000 PUPILS Wells-Ogunquit Kittery SAD 53 (Pittsfield) 1,415 1,081 1,163
The Commissioner’s Initial Rejection of the Alternative Plan in May
In March, at the recommendation of the York-Wells-Ogunquit Reorganization Planning Committee (RPC), each school unit filed an alternative plan to remain an independent school unit. The RPC had learned that the Department of Education had approved many units whose enrollments were well below the 2,500 student threshold. Legislative action notwithstanding, the RPC believed each unit could make a case for an alternative plan and voted to recommend to its respective school committees that the December 1, 2007 plan be withdrawn and recommended each unit file an alternative plan. In May, the Commissioner informed the CSD that she was “not able to approve our request at this time.” She noted that new legislation had removed the economic barriers to reorganization and strongly encouraged us to
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resume “conversations with MSAD 71 and Arundel School Department.” The CSD was surprised to learn that York’s request for an alternative plan was granted as each unit advanced the same exceptions under the law. Alternative plans not only preserve the unit, but such approval by the Commissioner eliminates the need for a vote on reorganization and exempts that unit from penalties.
FY 2009 State Aid to Exempt Units
SAD 64 (Corinth) SAD 55 (Sacopee Valley) Lisbon SAD 72 (Fryeburg) SAD 3 (Unity) York Wells-Ogunquit (unapproved) $ 14,194,200 $ 7,102,548 $ 8,877,888 $ 4,474,215 $ 13,134,218 $ 1,327,725 $ 1,302,493
“I am very concerned about the long term sustainability of the Wells-Ogunquit CSD operating independently as the reorganization law is implemented across the State” - Commissioner Gendron
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WELLS-OGUNQUIT CSD CONSOLIDATION
SAD 71 Sanford
Rejoining SAD 71 & Arundel: “request is too late”
York
CSD
SAD 60 SAD 35
The CSD accepted the Commissioner’s recommendation and asked to rejoin conversations with SAD 71 and Arundel. On June 2, 2008 the Board of Directors from SAD 71 voted unanimously to collaborate rather than consolidate with the CSD, but they respectfully declined to reopen talks. They
cited the lateness of the request by the State, the significant reorganization work it had accomplished to date as well as concerns that cost shifts would cause voters to reject their plan. The Arundel Board felt the State’s request would have been more appropriate at an earlier time and declined.
“if, after performing due diligence to develop a regional plan to meet the 2,500 student enrollment requirement, a school administrative unit is unable to achieve the enrollment goal to the decision of geographically proximate school administrative units to participate in a different regional unit (the unit qualifies for an exception).” PL 2007, Chapter 240, Part XXXX-36, Parameter 6 (A) (7)
On June 26, 2008, RSU #57 Reorganization Planning Committee co-chairs Ms. King and Mr. Peck responded: “The lateness of the request by the State for WellsOgunquit to step back into the process would require us to start the planning process all over.” As York had been approved to stand alone, the CSD was without a reorganization partner.
The “Doughnut Hole” Exception
In light of responses to the CSD’s request to rejoin SAD 71 and Arundel, the CSD revised its alternative plan and met with Commissioner Gendron on July 18, 2008. School Committee Chair Damon Russell, Representatives Kathy Chase and Dawn Hill and Superintendent Ed McDonough attended this meeting. The group asked the Commissioner to reconsider the CSD’s request for an alternative plan. The CSD highlighted elements from its original plan, and asked alternatively, whether the CSD met the doughnut hole exception under the law. In sum, the CSD noted: 1) After performing due diligence, the CSD was unable to find potential partners. Wells-Ogunquit CSD is a sustainable school unit. 3) The CSD’s strong commitment to collaboration with SAD 71. Updated information on FY 2009 Budget as submitted in alternative plan filing.
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I was sorry to hear that the
(SAD 75) Board of Directors voted not to continue working toward submitting a reorganization plan…” “The (Lisbon) School Department has met the requirements of due diligence, not only with MSAD 75, but other surrounding communities. Therefore, I am approving your request for a ‘doughnut hole’ exception …”
2)
The Commissioner believed we met the exception and informed the CSD that the assistant attorney general and her reo rganization team would need to convene to review our request.
Doughnut hole? Open conversations with Kittery
On August 11, 2008, while expecting a letter much like the one sent to Lisbon in May 2008, the CSD was encouraged “to open up conversations with Kittery School committee regarding reorganization into a single RSU or AOS to save money and enhance educational opportunities in order to meet the requirements of the Reorganization Law.” The Commissioner’s letter noted that “neither K itt ery no r W ell s Ogunquit is an approved configuration” and noted we would not be the first example of “noncontiguous units coming together.” The WOCSD School Committee met with members of the Kittery School Committee on September 16th at Kittery Town Hall. On September 17th, the school committee voted unanimously that where it had met with Kittery officials as requested, and whereas both school committees came to consensus that forming an RSU or AOS was not a viable opt ion, and whereas after performing due diligence the CSD was cut off from developing a plan with geographically proximate neighbors, it wanted a direct answer to the doughnut hole question.
May 7, 2008 Letter written by Commissioner Gendron to the Lisbon School Department approving its request as a doughnut hole
WELLS-OGUNQUIT CSD CONSOLIDATION UPDATE
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17 reorganized units slated for voter approval on November 4th.
School consolidation will come before voters for the first time on a statewide scale November 4th when 17 proposed regional school units will be on the ballot in 148 municipalities. If all are approved, 70 existing school units will be consolidated. Locally, Saco, Dayton and Old Orchard will vote on a merger plan and voters in SAD 71 and Arundel are on the ballot though the plan has not been approved by the Commissioner’s office. Of particular interest will be the proposed merger between Falmouth and SAD 51, the first plan to receive the Commissioner’s approval last February. Under the law, all districts must hold a referendum vote on or before January 30, 2009 or risk financial penalt ies f or non compliance. Another 16 proposed regional school units and 7 alternative organizational structures involving 155 units will come before voters before the mandated deadline. Seven units including the CSD, Kittery and Acton are considered out-of compliance because there is no vote or partner identified. 34 units, 13 below 2,500 students, are allowed to stand alone.
Voters throughout Maine will vote on 17 proposed reorganization plans involving 148 towns on November 4th.
What options are available to the CSD?
The WOCSD School Co mmit tee belie ves strongly that the Commissioner has never offered specific reasons why she approved York and not the CSD for an alternative plan. Additionally, her approval of Lisbon and not the CSD when surrounding partners were unavailable seems inconsistent. The committee will signal to the Commissioner its intention to challenge her ruling in Superior Court. While the courts are generally deferential to administrative agencies and their interpretation of the law, the CSD can make a strong case that her decisions have been arbitrary and capricious. The School Committee believes putting together an AOS plan with Kittery is not a viable option. Rather than invest time in yet another planning process, the committee will await the results of the November 4th vote. Clearly, if plans are defeated in November, the legislature will likely revisit the current law and penalties. Under the law, money saved through penalties would be redistributed to other units. Those units approved for alternative plans stand to gain. Demand specific reasons, challenge the ruling and await results from the November 4th election.
What are the penalties for non-compliance?
The penalty for minimum subsidy districts that vote no on a reorganization plan is a 50% reduction in state aid. The Wells-Ogunquit CSD is considered a “minimum subsidy receiver.” Under the State’s funding formula, the district is deemed able to raise the amount the State determines is necessary to fund education. The Commissioner has indicated she does not want to penalize districts. However, for districts not in compliance, she has authority to withhold all state subsidy from those units. A school unit could appeal any such decision, which would provide the CSD an opportunity to share its due diligence and good faith efforts to work within the law. Last year, the CSD received 1.3 million in subsidy. Last week, Ms. Gendron noted a significant shortfall in state revenues and signaled that subsidy frozen at this level would be a best case scenario. Penalties
Units where voters do not approve a reorganization plan at referendum will face financial penalties, starting on July 1, 2009 For minimum subsidy receivers that vote against reorganization will receive 50 percent of what they would otherwise receive for FY 10 nd beyond.
WELLS-OGUNQUIT COMMUNITY SCHOOL DISTRICT CONSOLIDATION UPDATE Letter from the School Committee Chair
WELLS-OGUNQUIT CSD “ENSURING CONTINUOUS IMPROVEMENT FOR EACH LEARNER”
Dear Wells-Ogunquit School Community Members: Since the inception of the school reorganization law in 2007, the CSD has performed due diligence. We began with our neighbors to the north, SAD 71 and Arundel, and because of flaws in the original bill, the planning group believed it necessary to shift and plan with our neighbors to the south, York. Last May, York was approved to stand alone. Our request was denied. We were asked to reopen conversations to the north. Understandably, planning in SAD 71 and Arundel was too far along. In July, we believed the Commissioner’s decisions, to approve York and not us, cut the CSD off from viable reorganization partners. In July, she believed we met the requirement for an exception under the law. However, her response was to ask the CSD to plan with Kittery. To be sure, the Commissioner is fast approaching the 80 unit mandate and would like us to solve her problem in York County. We do not believe this is the right thing to do for the education of children in the CSD. We intend to challenge her ruling while voters across the State begin to weigh in on reorganization. Sincerely, Damon Russell
Visit: www.wocsd.org Consolidation Link View all documents
Maine Coalition to Save Our Schools
Reprinted with permission Coast Star, Jim Kanak As school districts around the state scurry to meet the deadline to file consolidation plans, opponents to the consolidation law are attempting to have it repealed. The Maine Coalition to Save Schools on October 17 plans to file a citizen initiative petition. “We have in the neighborhood of 60,000 signatures,” said Skip Greenlaw, the petition’s author. “We need a minimum of 55,087, or 10 percent of the total vote in the last gubernatorial election. The law would repeal the the consolidation law and replace it with the previous law. It establishes the previous status quo.” Once the petition is filed, Secretary of State Matt Dunlap will review the signatures for certification. If certified, the proposed legislation goes to the state legislature, and if passed, to Governor Baldacci for a signature. If the bill doesn’t get enacted that way, it goes onto the ballot for voters to consider in November 2009. Greenlaw said there could be support for repeal in the legislature. “We’re getting reports from various areas of the state that are voting on (state approved) consolidation plans in November,” he said. “if a large number fail, the legislature may speak.” There are 17 approved plans on ballots in Maine and one that has not yet been approved - the proposed RSU 57 in Kennebunk, Kennebunkport and Arundel. Greenlaw said the consolidation law if flawed. “It’s a mess,” he said. “It was done for all the wrong reasons. It saves no money and will cost millions down the road to implement. We’re trying to bring out what the costs are. If you think consolidation serves the educational interests of students and the interests of the taxpayers in the town support it. If not, vote it down. “
UNAPPROVED CONFIGURATIONS SAU Lakeview Plt Carabassett Valley Georgetown Acton Kittery MSAD 53 (Pittsfield) Wells-Ogunquit CSD APPROVED REOGRANIZATION AND ALTERNATIVE PLANS SMALLER THAN THE WOCSD SAD 37 / Jonesport SAD 44 - Rangeley SAD 42 - SAD 45 Millinocket - Medway Machias Area Bucksport -Orland SAD 64 SAD 55 SAD 72 Fryeburg Lisbon 1,052 1,087 1,091 1,125 1,158 1,255 1,283 1,285 1,341 1,411 Enrollment 3 87 118 403 1,081 1,163 1,415