School Budgets Now a Ballot Issue

Written by Victoria Wallack - Statehouse News Service
Thursday, May 08, 2008

AUGUSTA — Voters in all the state’s cities and towns are being asked to approve their local school budgets at the voting booth this year.
Many referendums are scheduled this month or on the day of the June 10 primary.

The requirement to have school budgets approved on the ballot, in addition to votes that must be taken first at town meetings or by city and town councils, is part of the school district consolidation law passed by the Legislature last year.

The ballot votes must be held within 10 days after town meeting or council votes are taken.

If voters reject the budget, the process starts all over again.

While there was talk of the Legislature delaying the budget validation votes for a year, to help out districts struggling to deal with other aspects of the consolidation law, that idea was nixed under pressure from Republicans.

Sen. Peter Mills (R-Somerset County), who serves on the Education Committee, said he ultimately supported requiring a local ballot vote this year out of deference to those conservatives in his party who felt it was the only way to bring down school spending.

“Many of them did not like school consolidation and had no confidence that was going to save any money, but they were vociferous in their support of putting these out to public referendum,” he said. “They thought that, in and of itself, would force school committees to be more fiscally responsible.

“I tend to agree with that perspective,” Mills said. “It’s one way of forcing citizens at the local level to assume responsibility for education costs. If those costs continue to climb, at least they’ll be aware of who is pulling the trigger. They can’t say it is just the state anymore.”

Another important aspect of the law is that voters are told whether their districts are spending over recommended levels as prescribed in the state’s Essential Programs and Services (EPS) funding model. That formula outlines what should be spent to provide an adequate education to students, but does not take into account many programs, including most extracurricular activities and sports.

The law also establishes 11 cost centers that have to be voted on as separate articles at town meeting or by the town or city council. These include “regular instruction,” “special education,” “career and technical,” “other instruction,” “student and staff support,” “system administration,” “school administration,” “transportation and buses,” “facilities and maintenance,” “debt and other commitments” and “all other.”

Jim Rier, policy director with the state Department of Education, said some districts already had prepared their budgets with six cost centers and those are fine for this year.

Information on the cost centers must be posted or provided to voters on the day of the referendum election, although the cost centers are not printed on the ballot. Instead voters will be asked to vote “yes” or “no” on the overall school budget.

If that budget is over recommended funding as prescribed in Essential Programs and Services, the question on the ballot will read: “Do you favor approving the budget for the upcoming school year that was adopted at the latest regional school unit budget meeting and that includes locally raised funds that exceed the required local contribution as described in the Essential Programs and Services Funding Act?”

Rier said the question is confusing and will come off the ballot next year under an amendment passed this year by the Legislature.

Next year, voters will be told in backup material if their school budget is over the Essential Programs and Services recommended level, but the ballot question will more simply ask them to either approve or reject the budget.

Geoff Herman of the Maine Municipal Association, whose city and town administrators are responsible for holding the elections, supports the change to get the EPS language off the ballot.

“There’s been an awful lot of movement in recent years to put ‘explanation’ information on ballots. It’s a slippery slope,” Herman said, because it could influence the vote. “The ballot should be neutral.”

Other questions being asked are what is meant by the no more than 10-day rule between the town meeting or council vote and the referendum. Since the law also states that the “referendum must be held on or before the 10th day, other than a Saturday, Sunday or legal holiday,” some are interpreting that to mean that if the 10th day falls on a weekend, it is acceptable to have the budget validation vote on the following Monday.

Rier said he believes the law clearly states the vote should be held within 10 calendar days, but the department isn’t pushing the issue.

“This year, we’ll take what we can get,” Rier said.

Another issue is that all absentee voters won’t be able to participate given the short time frames.

“This doesn’t allow a ballot to go to Iraq. It just doesn’t,” Rier said.

Herman said in most elections the rule is to allow a 30-day process for absentee voting, but there is nothing in the law that prohibits the Legislature from establishing a special rule for special circumstances.

“This process is actually providing access to absentee voters,” to weigh in on the budget, he said, where the old town meeting way of approving budgets did not since a person had to be in the hall to cast a vote.