An Act To Preserve School Choice Rights
Maine Legislature, Session 124, LD 1336
Committee: Education and Cultural Affairs
Sponsors: WESTON
Amends: 20-A MRSA §1451, 20-A MRSA §1461-A, 20-A MRSA §1479

MAINE STATE LEGISLATURE 
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124th MAINE LEGISLATU 
Legislative Document 
No. 1336 
S.P.482 
In Senate, March 31, 2009 
An Act To Preserve School Choice Rights 
(EMERGENCY) 
Reference to the Committee on Education and Cultural Affairs suggested and ordered 
printed. 
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Presented by Senator WESTON of Waldo. 
Printed on recycled paper 
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JOY J. O'BRIEN 
Secretary of the Senate 
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Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, this legislation must take effect immediately to allow regional school 
units that pay tuition for their students to a public school or a private school approved for 
tuition purposes under the Maine Revised Statutes, Title 20-A, chapter 219 to preserve 
the school choice opportunities guaranteed to these students pursuant to Title 20-A, 
section 1451, subsection 7 beginning with the 2009-2010 school year; and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore, 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 20-A MRSA §1451, sub-§7, as enacted by PL 2007, c. 240, Pt. XXXX, 
§ 13, is amended to read: 
7. School choice. The preservation of opportunities for choice of schools, including 
the continuation of the option of attending public school in another school administrative 
unit or a private school approved for tuition purposes pursuant to chapter 219 at the 
expense of the regional school unit for those students who reside in a municipality that 
was a member of a previous education unit in which school choice was available to 
students who resided in the previous education unit; and 
Sec. 2. 20-A MRSA §1461-A, sub-§5 is enacted to read: 
5. Assumption of obligation for preserving opportunities for choice of schools. 
On the operational date established pursuant to section 1463, subsection 1, a regional 
school unit board of directors shall assume the financial expense and obligations for 
preserving opportunities for choice of schools for students who reside in a municipality 
that was a member of a previous education unit in which school choice was available to 
students who resided in the previous education unit. Notwithstanding any other provision 
of law, the responsibilities of the regional school unit include: 
A. The assumption and continued observance of any contract for school privileges 
pursuant to chapter 115 for the remainder of the unexpired term of the contract unless 
the parties mutually agree to renegotiate the contract; and 
B. The negotiation of a new contract for school privileges pursuant to chapter 115 
upon the expiration of an existing agreement. 
Sec. 3. 20-A MRSA §1479, sub-§2, as enacted by PL 2007, c. 240, Pt. XXXX, 
§ 13, is amended to read: 
2. Contracts for secondary school programs. In addition to the provisions for a 
secondary school facility set forth in subsection 1, a regional school unit may shall 
contract with a nearby regional school unit or with a private school approved for tuition 
purposes for all or some of its secondary school students in order to preserve the 
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opportunities for choice of schools pursuant to section 1451, subsection 7. The contract 
may run from a period of2 to 10 years. The contract must also comply with section 2703 
and may provide for the formation of a j oint committee in accordance with section 2704. 
A regional school unit in which a previous education unit has contracted for secondary 
school programs is bound by the terms of that contract, unless otherwise negotiated by 
the parties. 
Sec. 4. 20-A MRSA §1479, sub-§3, ~, as amended by PL 2007, c. 668, § 11, is 
further amended to read: 
B. The regional school unit may shall negotiate a new contract pursuant to chapter 
to preserve the opportunities for choice of schools for students who reside in the 
municipalities that composed the previous education unit after the municipality's 
inclusion in the regional school unit. 
Sec. 5. 20-A MRSA §1479, sub-§5, as amended by PL 2007, c. 668, §13, is 
further amended to read: 
5. Additional expense. In a regional school unit where some but not all of the 
students are attending school pursuant to this section, the sending municipality regional 
school unit is responsible for the additional tuition expense as calculated in accordance 
with this subsection for a student who resides in the regional school unit but who attends 
school in another regional school unit. 
A. For each secondary school student who attends a public school in another school 
administrative unit, the sending municipality in a regional school unit is responsible 
for an amount equal to the difference in tuition in cases when it exceeds the amount 
of the regional school unit's tuition rate calculated in accordance '(lith section 5805. 
B. For each secondary school student who attends a private school approved for 
tuition purposes subject to the provisions of chapter 219, the sending municipality in 
a regional school unit is responsible for an amount equal to the difference in tuition in 
cases when it exceeds the amount of the regional school unit's tuition rate calculated 
in accordance with section 5805. 
Municipalities e](ercising school choice pursuant to this section are responsible for a local 
contribution in accordance with section 15688 and the additional expense calculated in 
accordance with this subsection. 
The additional expense of preserving opportunities for choice of schools must be shared 
among all municipalities within the regional school unit by the same local share 
percentages for each municipality resulting from the determination of the local 
contribution under section 15688. 
Emergency clause. 
In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
SUMMARY 
This bill clarifies the obligation and financial responsibility of regional school unit 
boards of directors for preserving the opportunities for choice of schools for students who 
reside in a mllnicipality in a regional school unit that was a previous education unit that 
sent students to another school administrative 'unit. The bill provides that when one or 
more member municipalities continue to send students to a school outside of the new 
regional school unit, the regional school unit is responsible for the tuition expenses for 
the students who are educated outside of the regional school unit. 
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