An Act To Create the Maine Online Learning Program
Maine Legislature, Session 124, LD 1446
Committee: Education and Cultural Affairs
Sponsors: ALFOND, PERCY, MITCHELL, WESTON, CASAVANT, JOHNSON, PINGREE, SUTHERLAND, WAGNER
Amends: 20-A MRSA §5001-A, 20-A MRSA §15689-A

Legislative Document 
No. 1446 
S.P.531 
In Senate, April 7, 2009 
An Act To Create the Maine Online Learning Program 
(EMERGENCy) 
Reference to the Committee on Education and Cultural Affairs suggested and ordered 
printed. 
Presented by Senator ALFOND of Cumberland. 
Cosponsored by Representative PERCY of Phippsburg and 
9tf)(J~ 
JOY J. O'BRIEN 
Secretary of the Senate 
Senators: President MITCHELL of Kennebec, WESTON of Waldo, Representatives: 
CASAVANT of Biddeford, JOHNSON of Greenville, NELSON ofFaImouth, Speaker 
PINGREE of North Haven, SUTHERLAND of Chapman, WAGNER of Lewiston. 
Printed on recycled pDper 
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, delivering educational programs that meet the diverse educational needs 
of our children is of the greatest importance to the future welfare of the State; and 
Whereas, closing the achievement gap between high-performing and low-
performing students, including the gap between economically disadvantaged students and 
their more advantaged peers, continues to be a significant challenge; and 
Whereas, providing a broader range of educational options to parents and utilizing 
existing resources, including learning technology, will help improve the academic 
achievement of students; and 
Whereas, the State can augment the capacity of school administrative units to 
provide public school options for those students whose educational needs are not being 
met through the regular public school program; and 
Whereas, through the use of available learning technology resources, the State can 
create educational opportunities for students that may not exist without the use of those 
resources; and 
Whereas, this legislation is necessary to provide consistent, high-quality, public 
education options for students through the use of available learning technology resources; 
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 §5001-A, sub-§3, ,0 is enacted to read: 
D. A person is excused from attending a public day school if the person is enrolled 
as a full-time student in the Maine Online Learning Program pursuant to chapter 802. 
Sec. 2. 20-A MRSA §15689-A, sUllb-§19 is enacted to read: 
19. Maine Online Learning Program. Beginning in fiscal year 2009-10, the 
commissioner may expend and disburse funds for the establishment and operations of the 
Maine Online Learning Program established under chapter 802, including the annual 
costs for the master contractual agreements established between the department and 
online learning providers to provide online learning programs and courses approved in 
accordance with the provisions of that chapter. 
Sec. 3. 20-A MRS A c. 802 is enacted to read: 
) 
) 
) 
() 
CHAPTER 802 
MAINE ONLINE LEARNING PROGRAM 
§19151. Definitions 
As used in this chapter, unless the context otherwise indicates, the following terms 
have the following meanings. 
1. Online learning program or course. "Online learning program or course" means 
an interactive course or program that: 
A. Is taught primarily by a teacher from a remote location and is delivered primarily 
electronically using the Internet or other computer-based methorls ill which a student 
enrolled in a course may have access to the teacher synchronously or asynchronously; 
B. May be delivered to students at school as part of the regularly scheduled school 
day or may be delivered to students, in whole or in part, independently from a regular 
classroom schedule; 
C. Is combined with other traditional delivery methods that include frequent student 
assessment and may mclude actual teacher contact time; and 
D .. Meets or exceeds the accountability standards and parameters for essential 
instruction established as part of the statewide system of learning results as set forth 
in section 6209. 
2. 
Online learninl! provider. 
"Online learning provider" means a private 
organization that is approved by the department to provide online learning programs or 
courses to one or more school administrative units for kindergarten to grade 12 students. 
3. 
Proctored environment. 
"Proctored environment" means an environment 
directly monitored by a teacher or administrative staff employed by an online learning 
provider or by an adult authorized by the program. 
4. 
School year. 
"School year" means the 175 days of student instruction or 
equivalent hours required pursuant to section 4801. 
§19152. Program established 
The Maine Online Learning Program, referred to in this chapter as "the program," is 
established to provide high-quality educational options for kindergarten to grade 12 
students in this State using online learning programs and courses. The goals of the 
program are to: 
1. Create opportunity. Create educational opportunities for students in this State 
that may not exist without such technology; 
2. Close achievement gap. Close the achievement gap between high-performing 
and low-performing students, including the gap between minority and nonminority 
students and between economically disadvantaged students and their more advantaged 
peers; 
3. Educational options. Use existing educational resources, along with technology, 
to provide parents a broader range of educational options and to help students in the State 
improve their academic achievement; and 
4. Public school choice. Increase the capacity of school administrative units to 
provide public school choice for students whose educational needs are not being met in 
the regular public school program. 
§19153. Approval of online learning providers 
Beginning with the 2009-2010 school year, the department shall administer the 
operations of the program to make full-time and part-time online learning opportunities 
available for kindergarten to grade 12 students in the State. 
The department, in 
consultation with the state board, shall develop approval criteria and a process for 
approving online learning providers to implement online learning programs and courses. 
1. 
Master contractual agreement. 
The department shall enter into a master 
contractual agreement with 2 or more online learning providers approved under 
subsection 2 to provide online learning programs and courses, teacher professional 
development training and other services necessary to operate the program during the 
school year. The master contractual agreement must be in a form and containing such 
information as required by the commissioner, including, but not limited to, the following 
information: 
A. 
The requirement that the online learning provider may only provide online 
learning programs or courses to a school administrative unit that enters into a 
cooperative agreement with the department as set forth in section 19155; 
B. 
A standard price for each course offered for a unit of credit to a school 
administrative unit; 
C. The requirement that funds must be provided to the online learning provider only 
after the school administrative unit has: 
(1) Verified that the online learning program or course was successfully 
completed by the student; and 
(2) Submitted a purchase order to the department requesting that funds be 
provided to the online learning provider for a student that has successfully 
completed the online learning program or course; 
D. Certification that the online learning provider must fulfill the requirements as set 
forth in subsection 3; 
E. 
The duration of the agreement, which may be from 2 to 4 years, and any 
provisions for renewal of the agreement; and 
F. Any other provisions that both parties consider necessary. 
2. Selection of online learning providers. The department shall make a contract 
award with an online learning provider on the basis of the online learning provider's 
demonstrated experience in the operation and management of online learning programs 
and courses, including the number of students served and proven academic success as 
) 
) 
) 
(~l 
. 
; 
( 
(, 
''---------
measured by student perfonnance and state assessment results, as appropriate, and an 
online learning provider's ability to satisfy the requirements under subsection 3. 
3. Requirements. To be approved by the department, an online learning provider 
must demonstrate and thereafter annually document that it meets all of the following 
requirements: 
A. The online learning provider must be nonsectarian in its programs, admission 
policies, employment practices and operations; 
B. The online learning provider must locate an administrative office or offices in the 
State and require its administrative staff and faculty to be state residents; 
c. Each course offered for a unit of credit must correlate with applicable state 
adopted academic standards prior to being offered. 
All courses must include 
assessments that are provided to students on a weekly basis and be available on a 
year-round basis; 
D. All teachers employed by the online learning provider must hold a valid teaching 
certificate in each content area being taught or receive approval from the department 
to teach the course; 
E. All teachers employed by the online learning provider must receive appropriate 
preservice and in-service training pertaining to the organization of the online 
classroom, programs and courses, the technical aspects of online education, the 
monitoring of student assessment and other pertinent training; 
F. Students enrolled in the program on a full-time basis must be provided with, at a 
minimum, a computer, a printer, Internet access and all instructional materials 
required to participate in the program; 
G. The online learning provider must verify ongoing student attendance and progress 
and perfonnance in each course or courses as documented by ongoing assessments in 
a proctored environment and provide examples of student course work and proof of 
having held bimonthly student-teacher conferences; and 
H. All administrative staff and teachers employed by the online learning provider 
must comply with the fmgerprinting and national criminal history record check 
requirements as set forth in section 6103. 
§19154. Enrollment and eligibility 
Full-time students enrolled in the program are excused from attendance at a public 
day school as set forth in section 5001-A. subsection 3, paragraph D. The following 
provisions apply for enrollment and eligibility. 
1. Full-time or part-time. The program may enroll students on a full-time and part-
time basis as established by the department. If the program is overSUbscribed, an online 
learning provider shall use a random lottery to select enrolled students, subject to any 
statutorily imposed enrollment preferences. 
2. Eligibility. A public school student residing in the State who is 20 years of age or 
younger is eligible to enroll in the program. 
3. Child with a disability. A child with a disability may be eligible for enrollment 
in an online learning program or course as long as the pupil evaluation team determines 
that enrollment in an online learning program or course allows the student to 
satisfactorily complete the requirements of the educational components of an 
individualized education program and is otherwise in compliance with the individualized 
education program. 
4. Application review and approval. The following provisions apply to a student 
whose parent submits an application requesting that the child receive instruction and 
academic services as an enrolled student in an online learning program or course. 
A. A superintendent may approve the enrollment of a student whose parent submits 
an application requesting enrollment in an online learning program or course if the 
superintendent fmds that the enrollment is in the student's best interest. 
B. The superintendent shall notify the parent in writing of the decision to enroll the 
student in an online learning program or course within 30 days of receipt of the 
application from the student's parent. 
The superintendent shall notify the 
commissioner of any enrollment approved under this paragraph. 
C. In the event that the superintendent denies the parent's application requesting 
enrollment of a student under paragraph A and the superintendent and the student's 
parent cannot reach an agreement on the enrollment of the student, the student's 
parent may appeal the decision to the commissioner. The commissioner's decision in 
such an appeal must be rendered within 60 days and is fInal. 
D. The superintendent shall annually review any enrollment approved under this 
subsection. 
5. Assessment. Students enrolled in an online learning program or course for a unit 
of credit shall participate in any applicable fInal exams, grade-level assessments and state 
assessments in a proctored environment. 
§19155. Cooperative agreement to purchase online learning programs and courses; 
approval 
A school administrative unit may enter into a cooperative agreement with the 
department to purchase online learning programs or courses from an online learning 
provider approved by the department in accordance with section 19153 for eligible 
students residing in the school administrative unit. The cooperative agreement is subject 
to a master contractual agreement between the department and an online learning 
provider that is approved in accordance with section 19153. The cooperative agreement 
must be in a form and containing such information as required by the commissioner, 
including, but not limited to, the information required under section 19153, subsection 1. 
If the commissioner approves the cooperative agreement, it is subject to approval by the 
school board of the school administrative unit involved in the agreement. Upon approval 
of the school board, the agreement becomes effective. 
) 
) 
~,~~ 
( 
) 
. 
! 
" \ 
§19156. Funding 
The department shall provide payment to the online learning provider in accordance 
with the provisions of this chapter from the General Fund disbursed under section 
15689-A, subsection 19 and from any other funds available as follows. 
1. Other sources of funding. The program may receive other state and federal aid, 
grants and revenue through the State in the case of Title I of the federal Elementary and 
Secondary Education Act of 1965, 20 United States Code, Section 6301 et seq. and 
similar categorical funding programs. The program may be considered a local education 
agency for purposes of applying for competitive federal grants. The department may 
receive gifts and grants from private sources on behalf of the program in whatever 
manner is also available to school administrative units. 
2. Funding for students with disabilities. Except for providing funds to an online 
learning provider pursuant to the master contractual agreement under section 19153, 
subsection 1 for a child with a disability that is eligible for enrollment in an online 
learning program or course, nothing in this chapter relieves the department or a school 
administrative unit of its legal responsibility for the education of students with disabilities 
under this Title. 
§19157. Report 
The department shall provide the Legislature annually with a report that includes, but 
is not limited to, the following information: 
1. Programs and courses. A list of programs and courses offered through the 
program; 
2. Students. The number of students participating in the program, including the 
number of full-time students, part-time students and full-time equivalent students 
. enrolled; 
3. 
Student peii"ormance. Student performance for students enrolled in online 
learning programs or courses, including the academic achievement of students enrolled in 
each course offered through the program; 
4. Expenditures. Expenditures of state and nonstate funds made for online learning 
programs and courses; and 
5. Limitation. The number of students who were unable to enroll in an online 
learning program or course because of space limitation. 
Sec. 4. Department of Education review of online learning initiatives; 
report; additional necessary implementing legislation. In establishing the Maine 
Online Learning Program under the Maine Revised Statutes, Title 20-A, chapter 802, the 
Department of Education shall review the online learning initiatives established in other 
states and jurisdictions, including the best practices established by these online learning 
initiatives related to funding, governance, approval requirements for online learning 
providers, teacher quality and assessment of student performance. The department shall 
also review the extent to which funding for existing learning technology and online 
learning initiatives in the State, including, but not limited to, the targeted technology 
resource funds tinder Title 20-A, section 15681, subsection 3, the laptop program funds 
under Title 20-A, section 15689-A, subsection 8 and the learning through technology 
program funds under Title 20-A, section 15689-A, subsection 12-A, may be reallocated 
to support the establishment of the Maine Online Learning Program. No later than 
January 1, 2010, the Commissioner of Education shall submit to the Joint Standing 
Committee on Education and Cultural Affairs a report that contains [mdings, 
recommendations and any proposed legislation necessary to further the implementation of 
the Maine Online Learning Program. Following receipt and review of the report, the 
Joint Standing Committee on Education and Cultural Affairs may submit a bill to the 
Emergency clause. 
In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
S~y 
This bill directs the Department of Education to establish the Maine Online Learning 
Program, which will provide high-quality educational options for kindergarten to grade 
students using online learning programs and courses, beginning in the 2009-2010 
school year. 
') 
)