An Act To Approve Public Charter Schools in Maine
Maine Legislature, Session 121, LD 1391
Committee: Education and Cultural Affairs
Sponsors: WESTON, SUSLOVIC, GILMAN, NASS, LEDWIN, MURPHY, PIOTTI, ROSEN
Amends: 20-A MRSA §1, 20-A MRSA §202

Legislative Document 
No. 1391 
S.P.461 
In Senate, March 19,2003 
An Act To Approve Public Charter Schools in Maine 
Reference to the Committee on Education and Cultural Affairs suggested and ordered 
printed. 
Presented by Senator WESTON of Waldo. 
Cosponsored by Representative SUSLOVIC of Portland and 
JOY J. O'BRIEN 
Secretary of the Senate 
Senators: GILMAN of Cumberland, NASS of York, Representatives: DUG A Y of Cherryfield, 
LEDWIN of Holden, McKENNEY of Cumberland, MURPHY of Kennebunk, PIOTTI of 
Unity, ROSEN of Bucksport. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 20-A MRSA §1, sub-§26, as corrected by RR 1993, c. 1, 
§44, is amended to read: 
26. 
School 
administrative unit. 
"School 
administrative 
unit" means the state-approved unit of school administration and 
includes a municipal school unit, school administrative district, 
community school district. charter school or any other municipal 
or 
quasi-municipal 
corporation 
responsible 
for 
operating 
or 
constructing public schools, except that it does not include an 
applied technology region. 
Sec. 2. 20-A MRSA §202, sub-§§16 and 17, as enacted by PL 1981, 
c. 693, §§5 and 8, are amended to read: 
16. 
other entities. 
Other entities authorized 
by 
the 
Legislature; aae 
17. 
other bureaus. 
Any 
other 
bureau 
the 
commissioner 
establishesT: and 
Sec.3. 20-A MRSA §202, sub-§18 is enacted to read: 
18. 
Charter schools. 
Charter schools. 
Sec.4. 20-A MRSA c.112 is enacted to read: 
CIIAP'.l'ER 112 
ClIAR".rER SCHOOLS 
§2411. 
Charter schools authorized: program established 
Charter 
schools 
may 
be 
established 
as 
public 
schools 
pursuant to this chapter to provide varied learning environments 
and 
expand existing efforts to 
support student 
learning 
by 
providing different. often small, learning settings. 
The 
charter 
school 
program 
is 
established 
to 
provide 
incentives to teachers and community members to establish new 
kinds 
of 
public 
schools 
and 
to 
seek 
to 
improve 
student 
achievement through the use of different and innovative learning 
methods. 
Charter schools must meet the goals of the comprehensive 
statewide learning results system and must use a comprehensive 
set of assessments appropriate to the mission and curriculum of 
each charter school. 
Although independent in governance, charter 
schools are public schools and may work in cooperation with 
noncharter 
public 
schools 
to 
improve 
student 
achievement. 
Charter schools may provide alternative public school options for 
children in so-called priority schools. 
§24l2. 
Organizers; eligibility for application 
The 
following entities, 
referred to in this chapter as 
"organizers," may apply for charter school status. 
1. 
Existing schools. 
An existing noncharter public school 
may apply to become a charter school if 60'\, or more of the 
full time teachers and administrators of that noncharter public 
school and 
60'\, or more of the parents of children in that 
noncharter 
public 
school 
vote 
to 
apply 
for 
charter 
school 
status. 
A school board of a school administrative unit, by a 
majority vote, may vote to apply for charter school designation 
through the conversion of all or some of the schools located in 
that administrative unit. 
2. 
New schools. 
An application for a new charter school 
may be proposed by a nonprofit, nonsectarian organization. 
An 
existing nonprofit, nonsectarian school may apply to eligible 
chartering authorities under section 2413 to become a charter 
school. 
§24l3. 
Chartering authorities 
1. 
Eligible chartering authorities. 
The 
organizers may 
apply to and the school may be granted a charter by a chartering 
authority that is: 
A. 
A local school board; or 
B. 
A nonsectarian, 4-year postsecondary institution. 
For purposes of this chapter, "chartering authority" means one of 
the entities in paragraphs A and B. 
2. 
Approval b,y chartering authority. 
A proposal for 
a 
charter 
school 
must 
be 
approved 
by 
an 
eligible 
chartering 
authority. 
A charter must be approved for 1S-year terms, with a 
major review for compliance with the terms of the charter at 
least once every 5 years. 
A charter may be approved for a school 
beginning with one or more grades from preschool to high school, 
including alternative secondary programs for students requiring 
basic literacy training up to 21 years of age. 
A local school 
board may approve the conversion of an existing noncharter public 
school to a charter school only in its own juriSdiction. 
3. 
Oversight. 
A chartering authority is responsible for: 
A. 
Establishing 
a 
process 
for 
receiving 
and 
reviewing 
applications for public charter schools on an annual or 
semiannual basis, taking into account the deadlines required 
by 
the 
United 
States 
Department 
of 
Education 
for 
applications for the federal charter school grant program. 
A decision on a 
charter school application must be made 
within 90 days of receipt of the application and conveyed in 
writing to the applicant. 
A decision may grant approval or 
conditional approval, 
request resubmission or reject the 
application 
and 
must 
include 
written 
reasons 
for 
the 
decisions; 
B. 
Monitoring the operations of each charter school to 
which 
the 
chartering 
authority 
has 
granted 
a 
charter, 
including an annual site visit and 
requiring an 
annual 
report. periodic financial reports and periodic enrollment 
reports; 
C. 
Ensuring 
that 
each 
charter 
school 
to 
which 
the 
chartering authority has granted a 
charter complies with 
applicable laws and the charter; 
D. 
Monitoring the progress of each charter school to which 
the chartering authority has granted a charter in meeting 
student academic expectations specified in the charter: and 
E. 
Placing 
a 
charter school 
on probation if there is 
evidence that the school is not performing according to its 
charter. 
A school must be given 30 days' 
notice before 
being placed on probation, 
and the chartering authority 
shall hold a public hearing within 30 days of placing a 
school on probation. 
The chartering authority may require a charter school to which 
the chartering authority has granted a charter to produce any 
book, 
record, 
paper 
or 
document 
the 
chartering 
authority 
determines necessary for carrying out its functions under this 
chapter. 
4. 
R ... ber and distribution of public schools. 
Chartering 
authorities are encouraged to ensure that 
charter schools are 
distributed throughout the State. 
5. 
Initial phase. 
The charter school program established 
in section 2411 begins with a 2-year initial phase. 
A. 
During the initial phase the following limits apply: 
(1) 
No 
more 
than 
postsecondary institutions may 
register pursuant to paragraph B each year to become 
chartering authorities: 
(2) 
Each postsecondary chartering authority registered 
pursuant to paragraph B may approve no more than 2 
charter schools per year: 
(3) 
Each local school board acting as a chartering 
authority may approve no more than 2 charter schools 
per year: and 
(4) 
No more than 10 charter schools statewide may be 
approved per year during the initial phase. 
B. 
To enforce the limits set out in paragraph A, the state 
board shall: 
(1) 
Register the postsecondary chartering authorities 
in the order they submit letters of intent to become 
chartering authorities until Noyember 1st of each year: 
and 
( 2) 
Register the charters granted by all chartering 
authorities 
in 
the 
order 
they 
are 
approved. 
By 
December 
10th of 
each year, 
chartering authorities 
shall inform the state board of charters they have 
granted 
that 
calendar 
year. 
Once 
the 
cap 
of 
charters per year is reached, the state board may not 
consider further registrations. 
6. 
Phase 
2. 
Phase 
of 
the 
charter 
school 
program, 
established in section 2411, follows the initial phase described 
in subsection 5. 
A. 
During phase 2 the following limits apply: 
(1) 
Each postsecondary chartering authority registered 
pursuant to paragraph B may approve no more than 5 
charter schools each calendar year: and 
(2) 
No more than 20 charter schools may be approved 
statewide each calendar year. 
B. 
To enforce the limits set out in paragraph A, the state 
board shall: 
(1) 
Register 
all 
new 
postsecondary 
chartering 
authorities in the order they submit letters of intent 
to become chartering authorities until November 1st of 
each year: and 
(2) 
Register the charters granted by all chartering 
authorities on a chronological basis. 
By December 10th 
of each year, chartering authorities shall inform the 
state board of charters they have granted that calendar 
year. 
Once the cap of 20 charters per year is reached, 
the state board may not consider further registrations. 
§2414. Charter school students; eligibility; application 
1. 
Eligibility. 
Any student residing in this State is 
eligible to apply to a charter school. 
The school shall enroll 
an applicant who submits an application prior to deadline, unless 
the number of applications exceeds the capacity of a 
program, 
grade level or building. In that case, applicants must be chosen 
through a lottery that ensures random selection. 
2. 
Application. 
Each 
charter 
school 
shall 
adopt 
an 
application process in accordance with this subsection. 
A. 
The application process may not include reguirements 
regarding 
previous 
academic 
achievement, 
intellectual 
aptitude, 
sexual 
orientation 
or 
curricular 
or 
extracurricular ability. 
Existing noncharter public schools 
that convert to charter schools 
may give preference to 
previously enrolled students. 
B. 
Applicant selection may give preference to siblings of 
students already enrolled in the charter school, to children 
of the organizers, staff and teachers of the newly formed 
charter school and to children of employees of the companies 
that sponsor work site charter schools, 
except that the 
number of students enrolled under preferences allowed by 
this paragraph may not exceed 20'lt. of the total number of 
students. 
c. 
Applicants may not be denied admission on the basis of 
any physical or mental disability, handicap or condition. 
D. 
A local school board acting as a chartering authority 
may 
reguire 
a 
charter 
school that it approves 
to give 
admission preference to children of residents in that school 
administrative unit. 
Postsecondary chartering authorities 
may approve a 
geographic preference if the preference is 
proposed in the charter application and the charter states 
that no more than 50'lt. of the students may be enrolled under 
the geographical preference provision. 
§2415. 
Regyiregents for charter sChools 
1. 
Organization. 
A charter school shall organize under one 
of the forms of organization available under the laws of the 
State for a nonprofit corporation or a financially autonomous 
cooperative. 
The governing board of trustees is responsible for 
the operation of the charter school, including, but not limited 
to, its finances: 
the hiring of the principal, 
teachers and 
staff: and the academic and extracurricular programs. 
A charter 
school may secure services from another public body, nonprofit 
organization, private organization or individuaL but a charter 
school may not contract with a for-profit education management 
organization for whole-school management services. 
2. 
Nonsectarian. 
A charter school may not be affiliated 
with a private sectarian school or religious institution. 
The 
school must be nonsectarian in its programs, admission policies, 
employment practices and all other operations. 
3. 
Ko_school: Internet. 
Charter schools may not be used 
as a method of providing education or generating revenue for 
students who are being homeschooled. 
Charter schools may not 
offer programs of study that require or permit students to take 
more than 25~ of their studies on-line. 
4. 
AdlRission. 
A charter school shall admit students as 
provided in section 2414. 
5. 
Accountability. 
A charter school is accountable to its 
chartering authority for its performance as provided in the 
charter agreement pursuant to section 2416. 
Charter schools must 
work to achieve the comprehensive statewide learning results and 
administer state assessments or equivalent assessments required 
of public schools as part of state academic standards. 
These 
assessments 
must 
be 
commensurate 
with 
the 
charter 
school's 
mission and objectives. 
6. 
Tuition. 
A charter school may not charge tuition or 
fees beyond those allowed in a regular public kindergarten to 
grade 
program, 
except that 
a 
charter 
school offering 
a 
residential component may charge a fee for room and board and, if 
a 
fee is charged, shall offer assistance to families needing 
scholarships for room and board fees. 
7. 
State and local requirements. 
A charter school shall 
meet all applicable state and local health, safety and civil 
rights requirements. 
8. 
No 
discrimination. 
A 
charter 
school 
may 
not 
discriminate 
on 
the basis 
of color, 
race, 
national origin, 
religion, sex, income level, proficiency in the English language 
or physical ability. 
9. 
Finances. 
A charter school's board of trustees, not the 
director or chief financial officer of the charter school, shall 
contract for an annual financial audit by a certified public 
accountant 
in 
accordance 
with 
generally 
accepted 
accounting 
principles. 
The audit must examine the validity and integrity of 
data reported to the State for revenue purposes, including the 
enrollment and internal controls of the charter school. 
10. 
Conflicts of 
interest. 
Charter 
school 
boards 
of 
trustees are governed by this subsection. 
A. 
A member of a charter school board of trustees may not 
serve as 
a 
member 
of the board of directors or as 
an 
employee or agent of or 
a 
contractor with 
a 
for-profit 
entity with whom the charter school contracts, directly or 
indirectly, for professional services, goods or facilities. 
B. 
A member of a charter school board of trustees that 
serves as a member of a board of trustees or an employee or 
agent of or a contractor with a nonprofit entity with whom 
the charter school contracts, directly or indirectly, for 
professional services, goods or facilities. shall disclose 
all potential conflicts to the chartering authority. 
C. 
This 
subsection 
does 
not 
prohibit 
payment 
of 
compensation to a member of the charter school's board of 
trustees who is a teacher: 
(1) 
Who is employed by the charter school: or 
(2) 
Who 
provides 
services 
to 
the 
charter 
school 
through a cooperative. 
§24l6. 
The charter agreement 
Major issues involving the operation of a charter school 
must be considered and addressed in advance of the opening of the 
charter school and written into the charter agreement, which must 
be signed by the charter school's board of trustees and the 
chartering authority. 
1. 
Special education. 
Before 
a 
charter is granted, 
a 
charter school must have in place a policy to comply with the 
policies adopted by the state board and with federal regulations 
relating to the education of children with special needs. 
The 
manner in which the charter school delivers those services may be 
innovative, and its services may be integrated into the services 
provided for all students. 
2. 
Written agreement on issues. 
The board of trustees of 
the charter school and the chartering authority shall establish a 
wr i t ten agreement on the following issues and incorporate the 
agreement into the charter; 
A. 
The education program, including the charter school's 
mission, the students to be served, the student ages and 
grade span to be included and the focus of the curriculum; 
B. 
The 
outcomes 
to 
be 
achieved 
and 
the 
method 
of 
measurement that will be used, 
including how the charter 
school will meet any state-required outcomes such as the 
comprehensive system of learning results; 
C. 
Procedures for the admission and dismissal of students; 
D. 
The ways by which the charter school will try to achieve 
a racial and ethnic balance reflective of the community it 
serves; 
E. 
The manner in which the charter school will comply with 
state and federal requirements for the education of children 
with special needs, including the delivery of appropriate 
special 
education 
services 
and 
any 
innovative 
delivery 
systems; 
F. 
The manner in which financial audits will be conducted; 
G. 
The qualifications required of the teachers in addition 
to those required under section 2418; and 
H. 
The management and administration of the charter school. 
3. 
Addendum to charter. 
The charter school shall include 
as 
an 
addendum to the charter document 
a 
plan covering the 
following items before the school begins operating; 
A. 
The governance structure of the charter school; 
B. 
In the case of an existing noncharter public school 
converting to a charter school, alternative arrangements for 
current students who choose not to attend the charter school 
and for current teachers who choose not to teach in the 
charter school after conversion; 
C. 
The learning methods to be used; 
D. 
Any distinctive learning techniques to be employed: 
E. 
Internal financial controls: 
F. 
How the charter school will be insured: 
G. 
The facilities to be used and their location: and 
H. 
The arrangements for covering teachers and other staff 
for health, retirement and other employee benefits. 
§24l7. 
Reyiew. renewal or termination of the charter agreement 
1. 
Major 
review. 
At 
least 
once 
every 
years, 
the 
chartering 
authority 
shall 
conduct 
a 
major 
review 
of 
the 
operations and achievements of each of its charter schools. 
At 
least 6 months prior to the date of such a review, the chartering 
authority shall inform the charter school of the timing, format 
and elements to be included in such review. 
2. 
Renewal. 
At least 6 months prior to the end of the 
l5-year term of a charter school, the chartering authority shall 
begin a review process with the charter school to determine if 
the contract will be renewed. 
The renewal process must include 
at least one public hearing. 
3. 
Termination. 
Dur ing the term of the charter agreement. 
during a major review pursuant to subsection 1 or at the end of 
the l5-year term, the chartering authority may act to terminate 
the agreement on any of the following grounds: 
A. 
Failure to meet the requirements for student performance 
stated in the agreement: 
B. 
Failure to meet generally accepted standards of fiscal 
management: 
C. 
Violation of laws; or 
D. 
Other good cause shown. 
A termination is effective only at the end of a 
school year, 
unless continued operation of the charter school presents a clear 
and 
immediate 
threat 
to 
health 
and 
safety 
of 
students 
or 
personnel. 
4. 
Notice 
of 
termination. 
At 
least 
days 
before 
terminating a charter, the chartering authority 
shall notify the 
board of trustees of the charter school of the proposed action in 
writing. 
The notice must state the grounds for the proposed 
action in reasonable detail and that the charter school board of 
trustees may request in writing an' informal hearing before the 
chartering authority within 14 days of receiving the notice. 
5. 
Appeal. 
The charter school may appeal the chartering 
authority's decision to terminate the charter to the state board. 
6. 
Dissolution of charter 
school. 
When 
a 
charter is 
terminated, the charter school must be dissolved as provided by 
state law governing nonprofit organizations. 
7. 
Disposition 
of 
students 
upon 
dissolution. 
If 
an 
agreement is terminated, the charter school staff shall assist 
its students to find other appropriate education placements. 
§24l8. 
Teachers 
1. 
Selection. 
The charter school shall select its teachers. 
2. 
Certification. 
The charter school staff must include at 
least one teacher holding an appropriate teaching certificate. 
3. 
Right to organize. 
Teachers 
may 
choose 
to bargain 
collectively or form a professional group in accordance with this 
subsection. 
A. 
Teachers who are employees of the charter school have 
the same rights as other teachers in public education to 
organize and bargain collectively. 
Bargaining units at the 
charter school must be separate from other bargaining units, 
such as a district bargaining unit. 
Staff at noncharter 
public schools converting to charter schools have a right to 
employment 
benefits 
as 
stated 
in 
applicable 
collective 
bargaining agreements or they may vote to be represented in 
alternative ways. 
B. 
A teacher may choose to be part of a professional group 
that operates the instructional program under an agreement 
with the charter school, forming a partnership or producer 
cooperative that the teachers collectively own. 
4. 
Leaye; 
seniority. 
Teachers 
in 
a 
noncharter 
public 
school may take leave to teach in a charter school. 
A school 
district must grant service credit to those teachers for teaching 
exper ience at a charter school, as long as their service at a 
charter 
school is reasonably comparable to service in their 
noncharter public school. 
Any such teacher may apply for a leave 
of absence in renewable one-year terms, 
up to a 
maximum of 2 
years. 
5. 
Retirement. 
A charter school may establish a retirement 
plan or plans for employees. 
Teachers enrolled in the Maine 
State Retirement System who take leave to teach in a charter 
school 
may 
continue their participation in the 
Maine 
State 
Retirement System while on such leave. 
If a 
charter school 
chooses to set up a plan with the Maine State Retirement System, 
the charter school may establish a participating local district 
plan with the Maine State Retirement System. 
§2419. 
Revenue provisions 
1. 
Qperating funds. 
All state and local operating funds 
follow each child to the charter school the child attends. 
For 
each charter school student, the school administrative unit in 
which the student resides must forward the per-pupil allocation 
to the charter school attended by the student as follows. 
A. 
The 
per-pupil 
allocation 
amounts 
must 
be 
the 
same 
average amounts as for students attending noncharter public 
schools used in estimating state payments to the noncharter 
public schools for the current fiscal year. 
B. 
For each fiscal year, which runs from July 1st to June 
30th, allocations must be made in 4 quarterly payments on 
September 1st, December 1st, March 1st and June 1st. 
C. 
The September payment must be based on the number of 
students enrolled or anticipated to 
be enrolled in the 
charter school at the opening of school for that school year. 
D. 
If the number of students calculated under paragraph C 
is higher or 
lower than the 
number 
of students in the 
following February of the school year, adjustments are to be 
made in the March payment, with 50~ of the annual per pupil 
allocation to be added for additional students or subtracted 
if the total number of students is lower. 
2. 
Program funds. 
Public charter schools are entitled to 
receive state program funds on a per-pupil basis, on the same 
schedule 
as 
listed 
in 
subsection 
L 
for 
transportation, 
vocational 
education 
and 
special 
education. 
Public 
charter 
schools may contract or cooperate with district public schools 
for such services. 
3. 
Specia1 education. 
Unusually high special education 
needs for charter school students should be negotiated between 
the charter school and the district school of residence, as is 
the current practice among noncharter public schools. 
Charter 
schools may apply to a state hardship fund for high special 
education expenses on the Same basis as district schools. 
Page ll-LR0960(1) 
4. 
Other sources of funding. 
A charter school may receive 
other state and federal aid, grants and revenue as a 
school 
administrative unit. 
The charter school may receive gifts and 
grants from private sources in whatever manner is available to 
school administrative units. 
5. 
No taxing or bonding authority. 
A charter school may 
not levy taxes or issue bonds secured by tax revenues. 
6. 
IlPPact Aid Fund for small school administrative units. 
The department shall establish the Impact Aid Fund to which 
school administrative units with fewer 
than 600 students may 
apply for financial assistance. 
Applications must demonstrate 
how a school administrative unit has suffered financially by the 
location of 
a 
public charter 
school 
nearby, 
and 
request 
a 
specific sum based on the number of students previously enrolled 
in 
the district's 
schools 
who 
have 
transferred 
to 
charter 
schools. 
The department is authorized to contribute $50,000 per 
year to an account that supports this fund for the first 5 years 
of 
the 
charter 
school 
program established in section 
2411. 
Interest on unused funds accrues to the fund. 
The distribution 
of and continued need for this fund must be reviewed by the 
commissioner at least once every 4 years. 
7. 
Facilities. 
Public charter schools must be afforded 
preference in access 
to 
surplus public space 
as it becomes 
available from the State or any political subdivision of the 
State. 
In 
addition 
to 
federal 
grants 
for 
start-up 
costs 
and 
renovation of facilities, charter schools have access to the 
Maine 
state 
school 
construction 
fund 
on 
the 
same 
basis 
as 
noncharter public schools 
§2420. 
Immunity and exemption 
1. 
Exemption from state and local education law and rules. 
Except as provided in this chapter and its charter, a charter 
school is exempt from all statutes and rules applicable to a 
schooL a board or a school district, although it may elect to 
comply with one or more provisions of statutes or rules. 
School 
administrative units may not interpret this subsection to reduce 
their obligation to provide education for their residents. 
2. 
Liability. 
The charter school may sue and be sued, 
except that the chartering authority of a charter school, members 
of the governing board of the chartering authority in their 
off icial capacity and employees of a chartering authority are 
immune 
from civil or criminal liability with respect to all 
activities related to a charter school. 
3. 
Ca,ttmori~a,l 
e~:w;:a,tiQn 
fun~ing. 
A 
~ha,rter schQQl is 
~x~mpt 
frQm 
the 
r~liitri~tiQnlii 
nQrma,lly 
a,IiiI:iQ~ia,t~d 
with 
any 
s!;,a!;'!il-fungeg cat,!ilgQri~a,1 !ilgy~g!;,iQn fynging prQgrgm, 
§2421. 
Lea,sed sp~e 
A 
schQQI 
gdminis!;,ra,t,ive 
unit 
ma,y 
l!ila,s!il 
spgce 
or 
sell 
s!ilrvic!ils t,Q a chgrt,!ilr schQol. 
A chgrt!ilr schQol may lease space 
from 
gnoth!ilr 
pyblic 
bQgy. 
nQnprQfit 
Qrggnizgtion. 
privgte 
orga,niza,tiQn Qr ingiyidyal. 
§2422. 
Transporta,tiQn 
A 
chgrt!ilr 
sQhQQI 
i~ 
entitl!ild 
!;,Q 
r!ilceive 
a 
per-pu12il 
alloQgtiQn 
fQr 
trgn~12Qrtgtion cost,s 
g~ 
12gr t 
Qf 
its 
12rogram 
fung~. 
A 
~hgrt!ilr 
~~hQQI sha,ll 
Qff~r 
trgn~12Qrt,a,t,ion, whether 
through 
agreements 
with 
local 
s!;;hQQl 
gi~tricts 
Qr 
other 
arrgng!ilm!ilnts. 
§2423. 
Initia,l cQsts 
A chgrtering aythority may authoriz!il a chgrter school before 
the a1212li!;;ant hgs secured s12ace, equi12m!ilnt Qr 12ersonnel if the 
a12plica,nt ingica,tes guthQrization is nec!ilssgry for it, to raise 
wQrking ca,pital. 
§2424. 
InfQrmatiQn 
Th!il gepa,rtment sha,ll gisseminate infQrma,tion tQ the public 
direQtly gnd thrQugh !;;hgrtering authoriti!ils on hQw to form and 
o12ergte a charter schQQI gnd on how to enroll in charter schools 
onC!il they a,re cr!ilgteg. 
§2425. 
Charter schQQl fund 
The gepa,rtment, shall establish a, fung to Qbt,a,in resQurces to 
support a,ct,iviti!ils related to develo12ing an effect,iv!il !;;harter 
schQol 12rQgrgm in t,h!il Stgt!il. 
Activities ma,y inclyg!il, but are not 
limit,!ilg t,Q, sU1212Qrting t,he Im12gct Aid Fung !ilsta,blish!ilg in section 
2419, subsectiQn 6, ma,int,a,ining cha,rt,er schQQI Qffices within the 
state bQard and th!il 
de12art,ment, 
a,ssisting chart!ilr schools to 
acquire a,nd renoya,te fa,cili ti!ils, 121a,nning gra,nt,s fQr 12Qtential 
orga,niz!ilrs and pla,nning grants fQr chgrtering a,ythorities. 
1. 
Fund 
established. 
MQn!ily 
in 
th!il 
fynd 
established 
12ursygnt tQ this s!ilction may b!il from any 19wfyl 12ublic or 12rivate 
source. 
The fund must be established within 3 months of the 
effective date of this section. 
2. 
Directors. 
There must be at least 7 directors of the 
fund, including members of the public and representatives from 
appropriate 
state 
agencies. 
The 
Governor 
shall 
appoint 
directors, the department shall appoint 3 directors and the state 
board 
shall 
appoint 
one 
director. 'Directors 
serve 
at 
the 
pleasure of their respective appointing authority. 
Sec. 5. 
Maine State Retirement System. 
The 
Maine 
State 
Retirement System shall review the laws governing participating 
local districts' 
retirement plans 
and shall submit emergency 
legislation no later than November 28, 2003 to the Second Regular 
Session of the 121st Legislature to propose changes necessary to 
fully implement this Act. 
Sec. 
6. 
Review. 
The 
Commissioner 
of 
Education, 
with 
assistance from the State Board of Education, shall conduct a 
review of 
charter 
schools, 
created under 
the 
Maine 
Revised 
Statutes, Title 20-A, chapter 112, 4 years after the effective 
date of this Act. 
The commissioner shall submit a report and any 
recommendations 
to 
the 
joint 
standing 
committee 
of 
the 
Legislature 
having 
jurisdiction over 
education 
and 
cultural 
affairs by December 15th of the following year. 
SUMMARY 
This bill allows certain educational bodies to approve the 
establishment of charter schools, a new type of public school, to 
be a part of the State's program of public education. 
Charter schools may be existing public schools or school 
units, new schools or existing nonprofit, nonsectarian schools 
that convert to charter status. 
A chartering authority may be a 
local 
school 
board 
or 
nonsectarian, 
4-year 
postsecondary 
institution. 
Charter schools are created to offer students and parents a 
choice of public schools. 
Charter 
schools 
are 
open to all 
students 
equally, 
though 
they 
may 
specialize 
in 
serving 
a 
particular age group, 
a specific geographic area or a student 
popUlation with specific needs. 
A charter school may not be 
affiliated with a religious institution and must be nonsectarian 
in its programs, practices and policies. 
Charter 
school staff must include at least one 
teacher 
holding an appropriate teaching certificate. 
Teachers in charter 
schools are employees of the charter school and have the right to 
organize and bargain collectively in a separate unit; or teachers 
may choose to operate the charter school themselves as partners 
or members of a cooperative. 
Charter schools will be funded by per-pupil allocations from 
state and local sources. 
The state and local per-pupil payments 
will be sent to each charter school or other public school chosen 
for each child. 
Both operating and program funds will follow 
each child to the public school chosen.