An Act To Permit Charter Schools in Maine
Maine Legislature, Session 122, LD 1640
Committee: Education and Cultural Affairs
Sponsors: WESTON, KAELIN, ROSEN, TURNER
Amends: 20-A MRSA §202

Legislative Document 
No. 1640 
S.P.606 
In Senate, May 3,2005 
An Act To Permit 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 KAELIN of Winterport and 
JOY J. O'BRIEN 
Secretary of the Senate 
Senators: ROSEN of Hancock, TURNER of Cumberland, Representatives: DUGA Y of 
Cherryfield, McKENNEY of Cumberland, PlOTT! of Unity. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 20-A MRSA §l, sub-§26, as corrected by RR 1993, c. 1, 
§44 and amended by PL 2003, c. 545, §5, is further 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 a 
career and technical education region. 
Sec. 2. 20-A MRSA §202, sub-§§16 and 17, as enacted by PL 1981, 
c. 693, §§S and 8, are amended to read: 
16. 
Other entities. 
Other 
entities 
authorized 
by 
the 
Legislature; aBa 
17. 
Other bureaus. 
Any 
other 
bureau 
the 
commissioner 
establishesT; and 
Sec.3. 20-A MRS A §202, sub-§18 is enacted to read: 
18. 
Charter schools. 
Charter schools. 
Sec. 4. 20-A MRSA c.112 is enacted to read: 
CHAPTER 112 
CHARTER SCHOOLS 
§2411. 
Charter schools authorized: pilot program established 
Charter 
schools 
may 
be 
established 
as 
public 
schools 
pursuant to this chapter to provide varied lea~ environments 
and 
expand existing efforts 
to 
support 
student 
learning 
by 
providing different, often small, learning settings. 
The charter 
school 
pilot 
program 
established 
pursuant 
to 
section 
2413, 
subsection 5 is authorized 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. 
Local 
school administrative 
units are encouraged to use the charter school pilot program to 
offer 
more 
options 
to 
students 
and 
parents, 
to 
develop 
complementary programs tailored to meet student needs 
and to 
collaborate with other 
school 
administrative 
units 
to offer 
regional programs. 
Page l-LR0136(l) 
• 
.f 
Charter 
schools 
must 
meet 
the goals 
of 
the 
system of 
learning results established in section 
6209 
and 
applicable 
l2-rovisions of the federal No Child Left Behind Act of 2001. 20 
United 
States 
Code, 
Chapter 
70. 
Although 
independent 
in 
governance, charter schools are public schools and may work in 
cooperation with public schools to improve student achievement 
and to help students meet the goals of the system of learning 
results through flexible program design, involvement of parents 
and teachers based on their choice to participate in new learning 
communities, 
and 
varied 
approaches 
to 
instruction 
and. 
organization. 
Charter school programs may be focused on certain 
grade levels, themes, 
st.Y.9~nt learning styles or instructional 
approaches to assist students who have 
a variety of learning 
needs. 
A 
charter 
school 
program 
may 
include, 
among 
other 
approaches, 
career 
preparation, 
alternative 
approaches 
for 
~~Q_n.tJ:..aQ..J..t.i.Qnal 
lea.LIlttrS, 
int!rn...dy~programs for 
disadvan~ 
children, early childhood development, arts-based, multicultural 
and multilingual approaches, 
personalized learning approaches, 
mentoring, service-learning and teacher training opportunities. 
Charter schools may provide alternative public school options for 
children 
in 
so-called 
priority 
schools 
in 
accordance 
with 
provisions of the federal No Child Left Behind Act of 2001. 20 
United States Code, Chapter 70. 
§2412. 
Organizers; eligibility for application 
The 
following entities, 
referred to 
in this chapter as 
"organizers," may apply for charter school status. 
1. 
Eltisti~q schools. 
An existing public school may apply 
to become 
a 
charter school if 
60~ or more of the full-time 
teachers and administrators of that public school and 60~ or more 
of the parents of children in that public school vote to apply 
for charter school status. 
If a local school board acting as a 
chartering authority approves the request of parents and teachers 
to convert an existin~blic school to a charter school, and the 
school to be converted is the only public school option for 
students in that school administrative unit, the conversion must 
be approved by voters in that school administrative unit. 
2. 
New schools. 
An application for a new charter school 
may be proposed by a school board, by a nonprofit, nonsectarian 
organization or by a group of 10 or more citizens. 
An existing 
nonprofit. nonsectarian school may apply to eligible chartering 
authorities under section 2413 to become a charter school. 
§2413. 
Chartering autP~rit~ 
1. 
Eligible chartering authorities. 
The 
organizers 
may 
apply to and the school may be granted a charter by: 
A. 
A school board; or 
B. 
An officially reG.Q.gnized unit of the Univ...ersity of Maj,n...e 
System or 
op.e 
of its uni yeil_i ties, 
the Maine 
CommunJ..-ty 
College System or one of its colleges or the Maine Maritime 
Academy. 
For 
purposes 
of this 
indicates, "chartering 
paragraphs A and B. 
Gl1apter_, 
authority" 
unle~he cont~otherwise 
means one of the entities in 
2. 
Approval 
b,y chartering aJlthority. 
A school 
may not 
Qperate as 
a 
charter 
s~hool un~~proved by 
a 
charterin~ 
authority. 
A charter must be approved for a 
renewable 5 year 
term, with a major review for compliance with the terms of the 
charter prior to each renewal. 
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 
years of age. 
A 
school board may approve the conversion of an existing public 
school to a charter school only in its own jurisdiction. 
Only 
one school board may be the chartering authority for a charter 
school that is a regional collaboration between 2 or more school 
administrative units. 
3. 
ApPIQval 
crite~~ 
A school board or an officially 
recognized unit of a public postsecondary education institution 
that wishes to be a chartering authority shall establish criteria 
for approval and a time frame for applications to start a charter 
school. 
Criteria established by 
a 
chartering authority must 
include, but are not limited to, 
statement of purpose, size, 
scope, funding, goals and outcomes, governance and operational 
structure, accountability, the manner in which the charter school 
will 
complement 
the 
school 
administrative 
unit's 
existing 
educational program and the extent to which sufficient public 
interest has been demonstrated to warrant the establishment of 
the charter school. 
If a proposal for a charter school meets the 
criteria established 
by 
a 
chartering authority, 
the 
charter 
school is presumed to be eligible for authorization. 
4. 
Oversight. 
A chartering authority is responsible for: 
A. 
Establishing 
a 
process 
for 
receiving 
and 
reviewing 
applications for 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 
requ~r~ng an 
annual 
report. periodic financial reports and periodic enrollment 
reports, and 
in~wng a major review prior to renewal of 
each 5-year contract; 
C. 
Ensuring 
that 
each 
charter 
school 
to 
which 
the 
chartering authority has granted a 
charter complies with 
applicable laws and the charter, including provisions of the 
.system of learning result~tablished in section 6209 and 
the federal No Child Left Behind Act of 2001. 
United 
States Code, Chapter 70, and that the charter school follows 
generally 
accepted 
accounting principles 
as 
required 
by 
state law or as necessary for the school to be eligible to 
receive federal assistance; 
D. 
Monitoring the progress of each charter school to which 
the charter ing author i ty has granted a charter in meeting 
student academic expectations specified in the charter; and 
E. 
Placi~ 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 
cha-pter. 
5. 
Pilot 
progr~am~L; __ ~r~e#P~e~a~l~.~~T~h~e~~c~h~a~r~t~e~r __ ~s~c~h~o~o~lL-~p~r~o~g~r~am~ 
begins with a 10-year pilot phase. 
A. 
During the pilot phase the following limits apply: 
(I) 
No more than 20 charter schools statewide may be 
approved during the pilot phase; and 
(2) 
A charter school may not enroll more than 20% of a 
school administrative unit's public school students per 
grade 
level 
unless 
a 
school 
board 
acting 
as 
th~ 
chartering authority approves 
a 
different percentage 
for 
students 
residing 
in the 
school 
administrative 
unit. 
This provision does not apply to conversions of 
existing public schools and public school programs. 
B. 
To 
enforce tpe limits set out in paragraph A, 
the 
commissioner shall: 
(1) 
Register the charters granted by all chartering 
authorities 
in 
chronological 
order 
by 
date 
of 
approval. 
Each chartering authority shall forward to 
the commissioner a copy of its official approval letter 
for each chartg~_~ool it authorizes within 10 days of 
such approval: and 
(2) 
Once 
the 
cap of 
charters is 
reached, 
the 
commissioner 
m~y not accept further rggistrations anQ 
no further charter schools may be chartered until June 
30, 2016. 
This subsection is rgpealed Jung 30, 2016. 
§2414. 
Charter school students: eligibility: application 
1. 
Eligibility. 
Any student residing in this State is 
eligible to apply to a ~arter school. 
A charter school may nQt 
discriminate 
on 
the 
basis 
of 
color, 
race, 
national 
origin, 
religion, sex, income level, proficiency in the English language 
or physical ability. 
The school shall enroll an applicant who 
submits an application prior to deadline, unless the number of 
applications exceeds the capacity of 
a 
program, 
class, 
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 subsgction. 
A. 
The application process may not include 
re~uirements 
regarding 
previous 
academic 
achievement, 
intellectual 
aptitude, 
sexual 
orientation 
or 
curricular 
or 
extracurricular 
ability. 
Existing 
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 chartgr school 
and to 
children of the organizers, staff and teachers of the newly 
formed charter school, except that the number of students 
'\ 
enrolled under preferences allowed by this paragraph may not 
exceed 20% of the total number of students. 
~~cants may not be 
de~~ed admission on the basis of 
any physical or mental disability, handicap or condition. 
D. 
A school board acting as 
a chartering authority may 
require a charter school that it approves to give admission 
preference 
to 
children 
of 
residents 
in 
that 
school 
administrative unit. 
§2415. 
Requirements for charter schools 
1. 
Organization. 
A charter school shall operate as 
a 
public instrumentality under a charter granted by an eligible 
chartering authority. 
The charter school must be governed by its 
QNn board of trustees and~ll operate as an independent agency 
consistent with the provisions of this chapter. 
The governing 
board of trustees is responsible for the operation of the charter 
school, including, but not limited to, its finances; the hiring 
Qf 
the principal, 
teachers 
and staff; 
and 
the 
academic 
and 
extracurricular programs. 
A charter school may secure services 
from 
another 
public 
body, 
nonprofit 
organization, 
private 
QXganization or in~ividual, but a charter school may not contract 
with 
a 
for-profit 
education 
management 
organization 
for 
whole-school management services. 
2. 
Education progr~. 
A cngrter school shall establish an 
education program that includes one or more of the following: 
A. 
Prekindergarten; 
B. 
Any grade or grades from kindergarten to grade 12; 
C. 
Residential education; and 
D. 
Adult. 
community, 
cont..inuing and career and technical 
education programs for residents up to 20 years of age in 
need of basic literacy or specialized education services. 
3. 
Nonsectariim. 
A charter school may not be affiliated 
with a private sectarian school or religious institution. 
The 
school must be nQnsectarian in its programs, admission policies. 
employment practices and all other operations. 
4. 
Home 
school~~~rnet. Charter schools may not be used 
as 
a 
method of providing education or generating revenue for 
stUq~~S who are 
bein.g-----.hQlIl~---.£.chooled~harter schools may not 
offer programs that require or permit students to take more than 
25% of their studies on-line. 
5. 
Admission. 
A charter school shall admit students as 
provided in section 2414. 
6. 
Accoun~~il~. A charter school is accountable to 
it~ 
chartering authority for its performance 
as 
provided in the 
charter agreement pursuant to ~tion 2416. 
Charter schools must 
work to achieve the goals of the system of learning results 
established in section 6209 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. 
7. 
Tu.i..UQP. 
A chCilter school mSlL-not 
charg~_1Jliion OI~ 
fees beyond those allowed in a regular public kindergarten to 
gIaQe 
program, 
except that 
a 
charter 
school 
offering 
a 
residential component may charge a fee for room and board and, if 
~e is charged, 
SQqll offer assistance to families needing 
scholarships for room and board fees. 
8. 
State and local requirements. 
A charter school shall 
meet all applicable state and local health, safety and civil 
rights requirements. 
9. 
No 
discrimin~tjon. 
A 
charter 
sch091 
may 
not 
discriminate 
on 
the 
basis 
of 
color, 
race, 
national 
originL 
religion, sex, income level, proficiency in the English language 
or physical ability. 
10. 
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 
integr ity of data reported to the State for revenue purposes, 
including the enrollment and internal controls of the charter 
school. 
11. 
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 
th~harter school coqtracts, directlY---.Q£ 
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 
. Page 7-LROI36(1) 
.. 
the charter school contracts, directly or indirectly, for 
professional services, goods or facilities shall disclose 
all potential conflicts to the chartering authority. 
12. 
Indemnification. 
The board of trustees shall indemnify 
.the trustees, officers, teaching staff and employees affiliated 
with the charter school and shall purchase and maintain insurance 
to indemnify any such person to the extent provided in Title 
l3-B, section 714. 
13. 
QpQ~etings. 
Records 
and meetings of 
a 
charter 
school's board of trustees are subject to the public records and 
proceedings provisions of Title 1, chapter 13. 
§2416. 
Charter ~g~eement 
Major issues involving the operation of a charter school 
must be considered and addressed in advance of the opening of the 
~~ter school and written in~~Q~arter agreement, which must 
be signed by the charter school's board of trustees and the 
chartering authority. 
1. 
SPEtQa1 educati.Qn. 
Before a charter is granted by the 
eligible chartering authority pursuant to section 2413, 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~~arter schQQ~~he chartering authority shall establish a 
written agreement on the following issues and incorporate the 
ggreement into the charter: 
A. 
The 
educat.,i.Q~xQ9LaI11, 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; 
~. 
The 
outcomes 
to 
be 
achieved 
and 
the 
method 
of 
measurement that will be used, 
including how the charter 
school will meet any state-reguired outcomes such as the 
system of learning results established in section 6209: 
c. 
Procedures for the admission and dismissal of students; 
D. 
Th~ 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 tb.e 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 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 employedL 
E. 
A draft of a 2-year financial plan showing anticipated 
enrollment 
and 
anticipated 
revenues 
and 
expenses 
and 
a 
description of the system of 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. 
§2417. 
Review. renewal ~~xmi~ationof the charter agreeme~t 
1. 
Major review; 
rep~wal. Prior to renewal of each 5-year 
term, 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 end of each 5-year term of a 
charter schooL the chartering authority shall begin a review 
process with the charter school to determine if the contract will 
It 
be renewed. 
The renewal process must include at least one public 
hearing. 
2. 
T~PIl.i_~ation~ 
During th.e 
ter~f the charter agreement 
or during the 5-year renewal review pursuant to subsection 1, the 
~n~rtering 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. 
3. 
Notice 
of 
t~rmination. 
At 
least 
days 
before 
terminating a charter, the chartering authority 
shall notify the 
QQ~rd of trustees of the charter school of the proposed action in 
writing. 
The notice must state the grounds for the proposed 
gction 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. 
4. 
Appe.a.1. 
The charter school may appeal the chartering 
authority's decision to terminate the charter to the commissioner 
for review of procedural issues. 
5. 
Dissolution of charter 
school. 
When 
a 
charter is 
terminated, 
the 
charter 
school 
must 
dispose 
of 
its 
assets 
according to a plan agreed upon with its chartering authority. 
6. 
Dispositjon 
of 
stJMij!nts 
upon 
dissolution. 
If an 
agreement is terminated, the charter school staff shall assist 
its students to find other appropriate education placements. 
§2418. 
Teachers 
1. 
Selection. 
The charter school shall select its teachers. 
2. 
Certification. 
At least 50% of the teaching staff of a 
charter school must hold an appropriate teaching certificate and 
must 
meet 
the 
highly 
qualified 
standards 
for 
teachers 
in 
accordance with the provisions of the federal 
No 
Child Left 
Behind Act of 2001, 20 United States Code, Chapter 70. 
3. 
Right to organize. 
Teachers at a charter school 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 
ru:..ganize and bargain col~vely. Bargaining units at the 
charter school must be separate from other bargaining units, 
such as a 
distri~a.rqainin-9..-.J,init. 
Staff at 
nonchar.t~...r. 
public schools converting to charter schools have a right to 
employment 
ben~fits 
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. 
Leav~niority. Teachers in a public schoQl may take 
leave to teach in a charter schQol. 
A schQol district must grant 
service credit to thQse teachers fQr teaching experience at a 
charter schoQl, as lQng as their service at a charter schQQl is 
reasonably cQmparable tQ service in their public schoQl. 
Any 
such teacher 
may 
apply 
fQr 
a 
leave 
Qf 
absence in renewable 
one-year terms, up to a maximum Qf 2 years. 
~. 
Retirement. 
A cha_rter schQQl may establish a retirement 
p],.an Qr plans fQr 
empJQy~_. 
Teachers 
enrQ~d in the Maine 
State Retirement System whQ 
take leave tQ teach in a charter 
school 
may 
cQn.tinue 
their partici2atiQn in 
the 
Maine 
State 
Retirement System while 
Qn 
such leave. 
If a 
charter schQol 
~Qoses to set up a plan wJtb the Maine State Retirement SystemL 
the charter schQol may establish a participating lQcal district 
plan with the Maine State Retirement System. 
§2419. 
Revenue provisions 
1. 
Operating funds. 
All state and lQcal Qperating funds 
follow 
each 
student 
tQ 
the 
charter 
schQol 
attended 
by 
the 
student. 
FQr 
each 
administrative unit in 
£er pupil 
allQcatiQn 
student as fQllows. 
charter 
school 
student, 
the 
schQol 
which the student resides must fQrward the 
to 
the 
charter 
schQQl 
attended 
by 
the 
A. 
The per-pupil allocatiQn amQunts must be based Qn the 
same 
per-pupil 
rates 
as 
described 
in 
sectiQn 
15676, 
Page ll-LR0136(1) 
\ 
subsectiQn 1 that are prQvided fQr subsidizable pupils whQ 
reside 
in 
the 
schQQI 
administrative 
unit 
and 
whQ 
are 
educated at public expense fQr the current fiscal year. 
B. 
FQr each fiscal year, which runs frQm July 1st tQ June 
.J..Oth, allQcatiQns 
mus~_e made in 4 quarterly payments Qn 
September 1st, December 1st, March 1st and June 1st. 
C. 
The September payment under paragraph B must be based Qn 
the 
number 
Qf 
students 
enrQlled 
Qr 
anticipated 
tQ 
be 
enrQlled in the charter schQQI at the Qpening Qf schQQI fQr 
that schQQI year, which cannQt exceed the maximum enrQllment 
apprQved in. th~a:r;ter agreement fQr that year unless a 
waiver is Qbtained frQm the chartering authQrity. 
D. 
If the number Qf students calculated under paragraph C 
is higher 
Qr 
lQwer 
than the number 
Qf students in the 
fQ1IQwing February of the school year, adjustments are to be 
made in the March payment under paragraph B, with 50% Qf the 
annual 
per pupil allocation to be 
added for additional 
students or subtracted if the total number of students is 
lower. 
2. 
Other sWHiJdizable costs. 
Public charter schools are 
entitled to receive state funds for other subsidizable costs as 
described in section l568l-A on a per-pupil basis, Qn the same 
schedule 
as 
listed 
in 
subsection 
1, 
for 
transportation, 
vocational education and special education costs. 
Public charter 
schools may contract or cooperate with public schools for such 
services. 
3. 
Special education costs. 
Public charter schools are 
entitled to receive state funding for the special education costs 
as described in section l568l-A, subsection 2 and as described in 
section 15689-A, subsections 1 and 2 on the sarne basis as schools 
in a school administrative unit. 
4. 
Other sources of funding. 
A charter school may receive 
other state and federal aid, grants and 
revenue through its 
chartering authority, or through the State in the case of Title I 
of the federal Elementa~y and Secondary Education Act of 1965, 20 
United States Code. Section 6301 et seg. and similar programs. 
A 
charter school may be considered a local educatiQn agency for 
purposes of applying for competitive federal grants. 
The charter 
school may 
receive gifts and grants from private sources in 
whatever manner is available to school administrative units. 
.5---BJ2 __ .taxj.-M_9~p_ndi:g.CL_~.Jlt.b..Qrity. 
A charter school may 
not levy taxes or issue bonds secured by tax revenues. 
6. 
l'acilities... 
Charter schools may be provided access to 
surplus public space as it becomes available from the State or 
~~litical subdivision of the State. 
A school administrative 
uni t 
may make unused buildings available to charter schools at 
reasonable rents. 
§2420. 
Exemption from education laws and rules 
1. 
Exemption 
from 
state 
and 
local education 
laws 
and 
rules. 
Except as provided in this chapter and its charter ~ 
charter school is exempt from all statutes and rules applicable 
to a school, a school 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. 
Categorical education funding. 
A charter school is 
exempt 
from 
the 
restrictions 
normally 
associated 
with 
any 
state-funded categorical education funding program. 
§2421. 
Leased space 
A 
school 
administrative 
unit 
may 
lease 
space 
or 
sell 
services to a charter school. 
A charter school may lease space 
from 
another 
public 
body, 
nonprofit 
organization, 
private 
organization or individual. 
§2422. 
Transportation 
A 
charter 
school 
is 
entitled 
to 
receive 
a 
per pupil 
allocation for transportation costs as part of its funds for 
other 
subsidizable 
costs 
as 
described 
in 
section 
15681-A, 
£@s_ection 
3. 
A charter 
schoo~~ll offer 
transpoxt.atj,J~nL 
whether through agreements with local school districts or other 
arrangements. 
§2423. 
Initial costs 
A chartering authority may authorize a charter school before 
the applicant has secured space, equipment or personnel if the 
applicant indicates authorization is necessary for it to raise 
working capital. 
§2424. 
Information and technical assistance 
The 
department 
shall 
support 
the 
charter 
school 
pilot 
12rogram established in section 2411 and disseminate information 
to the public directly and through chartering authorities on how 
to form and operate a charter school and on how to enroll in 
0" 
.. 
• 
• 
charter 
schools 
once 
they 
are 
created. 
The 
department 
may 
provide 
assistance 
and 
guidance 
to 
school 
boards 
and 
other 
potential 
organizers 
to 
develop 
effective 
authorization 
and 
oversight pr~~res. The department shall apply for assistance 
from 
the federal 
charter school grant program 
on behalf of 
potential 
and 
actual 
charter 
schools 
in 
the 
State. 
If 
the 
~eQ££~ment does no~ply for assistance fro~he federal cha~I 
school grant program in the year following the effective date of 
this section, a charter school may apply on its own behalf. 
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, 2005 to the Second Regular 
Session of the l22nd 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 
progr~n of public education. 
The 
charter school pilot program established under this bill permits 
up to 20 charter schools to be authorized during a 10-year pilot 
phase. 
A charter school must be approved for a renewable 5-year 
term, with a major review of the operations and achievements of 
the charter school prior to renewal. 
Charter 
schools 
may 
be 
conversions 
of 
existing 
public 
schools or school administrative units, new schools or existing 
nonprof i t, nonsectarian schools that convert to charter status. 
A chartering authority 
may 
be 
a 
local 
school 
board or 
an 
officially recognized unit of the University of Maine System or 
one of its universities, the Maine Community College System or 
one of its colleges or the Maine Maritime Academy. 
Charter schools are created to offer students and parents 
more education options to meet the diversity of learning needs of 
Maine's 
children. 
Charter schools are 
open to all students 
equally, though they may specialize in serving a particular age 
Page l4-LR0136(1) 
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. 
At least 50% of the charter school' s 
teaching staff must 
hold 
appropriate 
teaching certificates. 
Teachers 
in charter 
schools are employees of the charter school and have the right to 
organize 
and bargain collectively in a 
separate unit or 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 based on the essential programs 
and 
services model of school funding. 
The state and local per-pupil 
payments will be sent to each charter school or other public 
school 
chosen 
for 
each 
child. 
Funds 
for 
operating 
costs, 
transportation costs, 
vocational 
costs 
and 
special 
education 
costs will follow each child to the public charter school chosen. 
•