An Act To Create a Public Charter School Program in Maine
Maine Legislature, Session 125, LD 1553
Committee Amendment CA_B_S302 (Senate)
Amends: 5 MRSA §12004-G, 20-A MRSA §2405, 20-A MRSA §1

COMMITTEE AMENDMENT "8> " to S.P. 496, L.D. 1553, Bill, "An Act To 
Create a Public Charter School Program in Maine" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 5 MRSA §12004-G, sub-§10-D is enacted to read: 
to-D. 
Education 
State Charter School Travel Expenses 
Commission 
Only 
20-A MRSA §2405, 
sub-§8 
Sec. 2. 20-A MRSA §1, sub-§26, ~F, as enacted by PL 2007, c. 668, § 1, is 
amended to read: 
F. A municipal or quasi-municipal district responsible for operating public schools 
that has not reorganized as a regional school unit pursuant to chapter 103-A; afHi 
Sec. 3. 20-A MRS A §1, sub-§26, ~G, as amended by PL 2009, c. 580, §2, is 
further amended to read: 
G. A municipal school unit, school administrative district, community school district, 
regional school unit or any other quasi-municipal district responsible for operating 
public schools that fonus a part of an alternative organizational structure approved by 
the cornrnissioner7; and 
Sec. 4. 20-A MRSA §1, sub-§26, ~H is enacted to read: 
H. A public charter school authorized under chapter 112 by an entity other than a 
local school board. 
Sec. 5. 20-A MRSA c. 112 is enacted to read: 
CHAPTER It2 
PUBLIC CHARTER SCHOOLS 
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§2401. Definitions 
As used in this chapter, unless the context otherwise indicates, the following terms 
have the following meanings. 
1. At-risk pupil. "At-risk pupil" means a pupil who has an economic or academic 
disadvantage that requires special services and assistance to enable the student to succeed 
in educational programs. "At-risk pupil" includes, but is not limited to. pupils who are 
members of economically disadvantaged families. pupils who are identified as having 
special educational needs. pupils who are limited in English proficiency, pupils who are 
at risk of dropping out of high school and pupils who do not meet minimum standards of 
academic proficiency. 
2. Authorizer. "Authorizer" means an entity empowered under this chapter to 
review applications. decide whether to approve or reject applications. enter into charter 
contracts with applicants. oversee and monitor public charter schools and decide whether 
to renew. not renew or revoke charter contracts. 
3. Charter contract. "Charter contract" means a performance-based contract for a 
fixed term between a public charter school and an authorizer that describes performance 
expectations. defines operational responsibilities and outlines the autonomy and 
accountability for each party to the contract. 
4. Conversion public charter school. "Conversion public charter school" means a 
public charter school that existed as a noncharter public school before becoming a public 
charter school. 
5. Education service provider. "Education service provider" means an education 
management organization. charter management organization, school design provider or 
any other partner entity with whom a public charter school intends to contract for 
education design, implementation or comprehensive management. 
6. Governing board. "Governing board" means the independent board of a public 
charter school that is party to the charter contract with the authorizer and whose members 
have been elected or selected pursuant to the school's application. 
7. Local school board. "Local school board" means a school board exercising 
management and control of a school administrative unit other than a public charter school 
formed under this chapter. 
S. Noncharter public school. "Noncharter public school" means a public school 
other than a school formed pursuant to this chapter. 
9. Public charter school. "Public charter school" means a public school formed 
pursuant to this chapter that: 
A. 
Has autonomy over key decisions, including, but not limited to, decisions 
concerning finance. personnel, scheduling, curriculum and instruction; 
B. Is governed by a board that is independent of a school administrative unit: 
C. Is established and operated under the terms of a charter contract between the 
governing board and its authorizer in accordance with this chapter: 
D. Is a school to which parents choose to send their children; 
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E. Provides a program of education that: 
(1) Includes one or more of the following: preschool. prekindergarten and any 
grade or grades from kindergarten to grade 12; 
(2) May include a focus on students with special needs. such as at-risk pupils. 
English language learners or students involved with the juvenile iustice system; 
(3) May include a specific academic approach or theme, such as: 
Ca) Vocational and technical training: 
(b) Natural resources and the environment; 
Cc) Farming. fishing and forestry; 
Cd) Foreign language and culture; 
(e) Visual and performing arts; 
(t) Science, mathematics and technology; and 
(g) Project-based learning, experiential learning or online instruction; 
F. Operates in pursuit of a specific set of educational objectives as defined in its 
charter contract; and 
G. Operates under the oversight of the authorizer from which its charter contract is 
granted and in accordance with its charter contract. 
10. Start-up public charter school. "Start-up public charter school" means a public 
charter school that did not exist as a noncharter public school prior to becoming a public 
charter school. 
11. Virtual public charter school. "Virtual public charter school" means a public 
charter school that offers education services predominantly through an online program. 
§2402. Public charter schools authorized 
Charter schools may be established as public schools pursuant to this chapter to 
improve pupil learning by creating more high-quality schools with high standards for 
pupil performance; to close achievement gaps between high-perfonning and low-
perfonning groups of public school students: to increase high-quality educational 
opportunities within the public education system; to provide alternative learning 
environments for students who are not thriving in traditional school settings; to create 
new professional opportunities for teachers and other school personnel: to encourage the 
use of different. high-quality models of teaching and other aspects of schooling; and to 
provide students, parents. community members and local entities with expanded 
opportunities for involvement in the public education system. 
§2403. Role of the department; commissioner; rules 
1. 
Information and technical assistance. 
The department shall disseminate 
information on how to form and operate a public charter school and on how to enroll in a 
public charter school once the school is created. The department may provide assistance 
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COMMITTEE AMENDMENT" 6" to S.P. 496, L.D. 1553 
and guidance to authorizers in developing effective authorization and oversight 
procedures. 
2. Applications for federal funds. The department may apply for assistance from 
the federal charter school grant program on behalf of potential and actual public charter 
schools in the State. 
3. Use of federal funds. If the department receives a grant from the federal charter 
school grant program on behalf of potential and actual public charter schools. the grant 
must be used according to the applicable federal law and primarily for planning and 
start-up grants to public charter school organizers and for such activities as: 
A. Providing information and technical assistance to potential and actual public 
charter school organizers and authorizers; and 
B. Allocating funds to support the work of potential and actual authorizers. 
4. Principles and professional standards. The department shall establish policies 
and practices consistent with nationally recognized principles and professional standards 
for authorizers of public charter schools, including standards relating to: 
A. Organizational capacity and infrastructure; 
B. Soliciting and evaluating applications; 
C. Performance contracting; 
D. Ongoing public charter school oversight and evaluation; and 
E. Charter renewal decision making. 
5. Investigation and sanction of authorizers. Consistent with the policies and 
practices established in subsection 4, the department may investigate and, as appropriate, 
institute sanctions in response to deficiencies in authorizer performance or legal 
compliance. 
6. Rules. The department shall adopt major substantive rules pursuant to Title 5, 
chapter 375, subchapter 2-A to implement this chapter. 
7. Reports. Four years after public charter schools have been in operation, the 
commissioner shall issue to the Governor, the Legislature and the public a report on the 
State's public charter school program, drawing from the annual reports submitted by 
every authorizer pursuant to section 2405, subsection 4, as well as any additional relevant 
data compiled by the commissioner up to the school year ending in the preceding 
calendar year. 
The report must include an assessment of the public charter school 
program's successes, challenges and areas for improvement in meeting the pwposes of 
this chapter and any suggested changes in state law or policy necessary to strengthen the 
public charter school program. The commissioner shall issue a similar report after 8 
years of operation of public charter schools. 
§2404. Public charter school eligibility; enrollment 
1. Eligibility. Any student residing in the State is eligible to apply to a public 
charter school. 
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2. Enrollment. A public charter school shall emoll students in accordance with this 
subsection. 
A. Public charter school organizers shall include all segments of the populations 
served by the existing noncharter public schools in their area in their recruitment 
efforts. 
B. A public charter school shall enroll all students who wish to attend the school, 
unless the number of students exceeds the enrollment capacity of a program, class. 
grade level or building. 
C. Except as provided in paragraphs Hand L if capacity is insufficient to enroll all 
students who wish to attend the school, the public charter school shall select students 
through a random selection process. A list maintained to fill potential vacancies may 
be carried over to the succeeding year. 
. 
D. For a school administrative unit with an enrollment of 500 or fewer students, a 
public charter school, unless authorized by a school administrative unit. may not 
enroll more than 5% of a school administrative unit's noncharter public school 
students per grade level in each of the first 3 years of the public charter school's 
operation. 
E. For a school administrative unit with an enrollment of more than 500 students. a 
public charter school, unless authorized by a school administrative unit. may not 
enroll more than 10% of a school administrative unit's noncharter public school 
students per grade level in each of the first 3 years of the public charter school's 
operation. 
F. A public charter school may limit enrollment to pupils within a given age group or 
grade level and may be organized around a special emphasis, theme or concept as 
stated in the school's application for a charter contract pursuant to section 2407. 
G. Any noncharter public school converting partially or entirely to a public charter 
school shall adopt and maintain a policy that gives enrollment preference to pupils 
who reside within the former attendance area of that noncharter public school. 
H. A public charter school shall give enrollment preference to pupils enrolled in the 
public charter school the previous school year and to siblings of pupils already 
enrolled in the public charter school. 
I. A public charter school may give enrollment preference to children of a public 
charter school's founders, governing board members and full-time employees, as long 
as they constitute no more than 10% of the school's total student population. 
J. A public charter school may enroll students from outside the State if space is 
available. 
3. Discrimination prohibited. A public charter school may not discriminate on the 
basis of race, ethnicity, national origin, religion, gender, sexual orientation, income level, 
disabling condition, proficiency in the English language or academic or athletic ability, 
except that nothing in this subsection may be construed to limit the formation of a public 
charter school that is dedicated to focusing education services on at-risk pupils, students 
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with disabilities and students who pose such severe disciplinary problems that they 
warrant a specific education program. 
§2405. Authorizers 
1. Eligible authorizers. The following groups may become authorizers of public 
charter schools: 
A. A local school board with regard to creating a public charter school within the 
boundaries of the school administrative unit governed by that local school board; 
B. The commission under subsection 8: and 
C. A collaborative among authorizing entities that forms to set up a regional public 
charter school. 
2. Powers and duties. An authorizer may: 
A. 
Solicit. invite and evaluate applications from organizers of proposed public 
charter schools; 
B. Approve applications that meet identified educational needs; 
C. Deny applications that do not meet identified educational needs: 
D. Create a framework to guide the deVelopment of charter contracts; 
E. Negotiate and execute sound charter contracts with each approved public charter 
school: 
F. Monitor the performance and compliance of public charter schools: and 
G. Determine whether each charter contract merits renewal or revocation. 
3. 
Principles and professional standards. 
An authorizer shall develop and 
maintain policies and practices consistent with nationally recognized principles and 
professional standards for authorizing public charter schools. including standards relating 
to: 
A. Organizational capacity and infrastructure; 
B. Soliciting and evaluating applications; 
C. Performance contracting; 
D. Ongoing public charter school oversight and evaluation: and 
E. Charter renewal decision making. 
4. Reporting and evaluation. An authorizer shall submit to the commissioner an 
annual report within 60 days of the end of each school fiscal year summarizing: 
A. The authorizer's strategic vision for chartering and progress toward achieving that 
vision: 
B. 
The performance of all operating public charter schools overseen by the 
authorizer. according to the performance measures and expectations specified in the 
charter contracts; 
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C. The status of the authorizer's public charter school portfolio of approved charter 
applications. identifying all public charter schools within that portfolio as: 
(1) Approved. but not yet open; 
(2) Operating: 
(3) Renewed; 
(4) Transferred: 
(5) Terminated: 
(6) Closed: or 
(7) Never opened; and 
D. 
The oversight and services provided by the authorizer to the public charter 
schools under the authorizer's purview. 
5. Funding of authorizers. To cover costs for overseeing public charter schools in 
accordance 'with this chapter. an authorizer may: 
A. Expend its own resources, seek grant funds and establish partnerships to support 
its public charter school office and activities: and 
B. Charge up to 3% of funds received annually by each public charter school it 
authorizes. These funds must be used to cover the costs for an authorizer to oversee 
its public charter schools. 
6. 
Conflicts of interest. 
An employee. trustee. agent or representative of an 
authorizer may not simultaneously serve as an employee. trustee, agent. representative, 
vendor or contractor of a public charter school of that authorizer. 
7. 
Services purchased from authorizer. A public charter school may not be 
required to purchase services from its authorizer as a condition of charter approval or of 
executing a charter contract. nor may any such condition be implied. 
A. A public charter school may, at its discretion, choose to purchase services from its 
authorizer. In such event, the public charter school and authorizer shall execute an 
annual service contract. separate from the charter contract, stating the parties' mutual 
agreement concerning any services to be provided by the authorizer and any service 
fees to be charged to the public charter school. 
8. State Charter School Commission. The State Charter School Commission, 
established under Title 5, section 12004-G, subsection IO-D. is referred to in this chapter 
as "the commission. II 
A. The commission consists of 7 members appointed by the state board for 3-year 
terms. 
(1) Three members must be members of the state board, and those 3 members 
shall nominate the other 4 members who must be approved by a majority vote of 
the state board. 
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(2) 
Members appointed to the commission must have diverse professional 
experience in education, social services. youth training. business startup and 
administration. accounting and finance. strategic planning and nonprofit 
governance. The following provisions apply to the appointment of the 4 other 
members nominated and appointed by state board members pursuant to 
subparagraph (1): 
(a) In appointing members to the commission, the state board shall give 
proper consideration to candidates with experience in a noncharter public 
school in the State in one of the following positions: school board member. 
superintendent. teacher and special education director; 
(b) The state board shall ensure that the joint standing committee of the 
Legislature having jurisdiction over education matters has an opportunity to 
meet and interview the candidate or candidates nominated for the 
commission: 
(cl Within 10 days of meeting with the candidate or candidates. the joint 
standing committee of the Legislature having jurisdiction over education 
matters shall deliver to the state board its written appraisal of the strengths 
and weaknesses of the candidate or candidates: and 
(d) The state board shall consider the appraisal of the joint standing 
committee of the Legislature having iurisdiction over education matters prior 
to appointing a candidate or candidates to the commission. 
(3) A commission member may not serve more than 3 consecutive terms, but 
may serve again after not serving on the commission for at least one term. 
(4) 
A commission member may not receive compensation. but may be 
reimbursed for travel expenses. 
B. The commission shall adopt rules to develop. implement and refine its procedures 
for authorizing public charter schools in this State. Rules adopted by the commission 
pursuant to this paragraph are routine technical rules pursuant to Title 5. chapter 375. 
subchapter 2-A. 
C. The commission shall. in keeping with its authorizing responsibilities: 
(1) Engage professional and administrative staff. separate from the department: 
(2) Convene stakeholder groups and engage experts; and 
(3) Seek and receive state. federal and private funds. 
D. 
The commission is the sole authorizer in this State for virtual public charter 
schools. except that a local school board may authorize a public charter school within 
its jurisdiction that integrates online and on-site instruction. 
9. Transition period. The public charter school program set out in this chapter must 
begin with a IO-year transition period. beginning on the effective date of this chapter. 
During the transition period, the commissioner shall register the charters approved by all 
authorizers in chronological order by date of approval under this chapter. During the 
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transition period. only 10 public charter schools may be approved by authorizers other 
than local school boards. Once the cap is reached. the commissioner may not accept 
further registrations from authorizers other than local school boards and only local school 
boards may approve charters until the end of the transition period. 
This subsection is repealed July 1, 2022. 
§2406. Request for proposals 
1. Issuance. To invite. solicit, encourage and guide the development of high-quality 
public charter school applications, an authorizer shall issue and broadly publicize requests 
for proposals. The content and dissemination of the requests for proposals must be 
consistent with the pUll'oses and requirements of this chapter. 
2. Content. An authorizer's request for proposals must contain information outlined 
in this subsection. 
A. A request for proposals must present the authorizer's strategic vision for and 
interests in chartering. 
B. Authorizers may give priority to proposals that expand opportunities for children 
who are not realizing their full potential, who may be disaffected or disengaged in 
their current education situations and who may be at risk of failure academically. 
socially, economically or personally. 
Authorizers may encourage proposals that 
include a specific academic approach or theme to address the diverse educational 
needs of communities in the State. A request for proposals must include a clear 
statement of any priority or preference the authorizer wishes to grant to particular 
types of applications. Notwithstanding an authorizer's statement of any priority or 
preference. an authorizer shall consider each application submitted to it based on the 
merits of that particular application. 
C. 
A request for proposals must include or othetwise direct applicants to the 
performance framework that the authorizer has developed for public charter school 
oversight and evaluation in accordance with section 2409. 
D. A request for proposals must include the criteria and standards that will guide the 
authorizer's decision to approve or deny an application. 
E. A request for proposals must state clear, appropriately detailed questions as well 
as guidelines concerning the format and content essential for applicants to 
demonstrate the capacities necessruy to establish and operate a successful public 
charter school. 
F. 
A request for proposals must require applications to provide or describe 
thoroughly, at a minimum, all of the following essential elements of the proposed 
public charter school plan: 
(1) The proposed public charter school's vision, including: 
(a) An executive summary; 
(b) The mission and vision of the proposed public charter school. including 
identification of the targeted student population and the community the 
school hopes to serve; and 
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(c) Evidence of need and community support for the proposed public charter 
school, including information on discussions with the school administrative 
unit where the public charter school will be located concerning recruitment 
and operations of the public charter school and possible collaboration with 
nearby school administrative units: 
(2) The proposed public charter school's governance plan. including: 
(a) Background information on proposed board members and any assurances 
or certifications required by the authorizer: 
(b) Proposed governing bylaws: 
(c) An organization chart that clearly presents the school's organizational 
structure, including lines of authority and rcmorting between the governing 
board, staff and any related bodies such as advisory bodies or parent and 
teacher councils. and any external organizations that will play a role in 
managing the school; 
(d) A clear description of the roles and responsibilities for the governing 
board, the school's leadership and management team and any other entities 
shown on the organization chart: 
Ce) Identification of the proposed founding governing board members and. if 
identified, the proposed school leader or leaders: and 
(f) Background information on the school's leadership and management team. 
if identified; 
(3) The proposed public charter school's plan of organization. including: 
Ca) The location or geographic area of the school: 
(b) The grades to be served each year for the full term of the charter: 
(c) Minimum. planned and maximum enrollment per grade per year for the 
term of the charter; 
Cd) The school's proposed calendar and sample daily schedule: 
(e) Plans and timelines for student recruitment and enrollment. including 
lottery procedures; 
CO Explanations of any partnerships or contractual relationships central to 
the school's operations or mission; 
(g) The school's proposals for providing transportation, food service and 
other significant operational or ancillary services; 
(h) A facilities plan. including backup or contingency plans if appropriate; 
cn 
A detailed ~chool start-up plan, identifying tasks. timelines and 
responsible individuals: and 
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G) A closure protocol, outlining orderly plans and timelines for transitioning 
students and student records to new schools and for appropriately disposing 
of school funds, property and assets in the event of school closure: 
(4) The proposed public charter school's finances, including: 
(a) A description of the school's financial plan and policies. including 
financial controls and audit requirements; 
(b) Start-up and 3-year budgets with clearly stated assumptions; 
(c) Start-up and first-year cash-flow projections with clearly stated 
assumptions; 
(d) Evidence of anticipated fund-raising contributions, if claimed in the 
application; and 
Ce) A description of the insurance coverage the school proposes to obtain; 
(5) The proposed public charter school's student policy, including: 
Ca) The school's plans for identifYing and successfully serving students with 
the wide range of learning needs and styles typically found in noncharter 
public schools of the sending area; 
(b) The school's plans for compliance with applicable laws, rules and 
regulations: and 
ec) The school's student discipline plans and policies. including those for 
special education students; 
(6) The proposed public charter school's academic program, including: 
(a) A description of the academic program aligned with the statewide system 
of learning results under section 6209: 
Cb) A description of the school's instructional design. including the type of 
learning environment, such as classroom-based or independent study, class 
size and structure, curriculum overview, teaching methods and research 
basis; 
(c) The school's plan for using internal and external assessments to measure 
and report student progress on the measures and metrics of the performance 
framework developed by the authorizer in accordance with section 2409; and 
Cd) A description of cocurricular or extracurricular programs and how they 
will be funded and delivered; and 
(7) The proposed public charter school's staff policy. including: 
Ca) A staffing chart for the school's first year and a staffing plan for the term 
of the charter: 
(b) Plans for recruiting and developing school leadership and staff; 
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(c) 
The school's leadership and teacher employment policies, including 
performance evaluation plans: and 
(d) Opportunities and expectations for parent involvement. 
G. With respect to the conversion of an existing noncharter public school to public 
charter school status, in addition to the other requirements of this subsection, the 
request for proposals must require applicants to demonstrate support for the proposed 
conversion public charter school by submitting 2 petitions, one signed by a majority 
of teachers in the existing noncharter public school and the other signed by a majority 
of parents of students in the existing noncharter public school. 
If the school to be converted is the only public school option for students in the 
school administrative unit, the request for proposals must additionally require that the 
conversion be approved by voters in that school administrative unit. 
H. With respect to a proposed public charter school that intends to contract with an 
education service provider for substantial education or manag.ement services, in 
addition to the other requirements of this subsection. the request for proposals must 
require applicants to: 
(1) Explain how and why the education service provider was selected: 
(2) 
Provide evidence of the education service provider's success in serving 
student popUlations similar to the targeted population, including demonstrated 
academic achievement as well as successful management of nonacademic school 
functions if applicable: 
(3) Provide information on the proposed duration of the service contract; roles 
and responsibilities: scope of services and resources to be provided by the 
education service provider: performance evaluation measures and timelines: 
compensation structure, including clear identification of aU fees to be paid to the 
education service provider: methods of contract oversight and enforcement; 
investment disclosure: and conditions for renewal and termination of the contract: 
(4) Provide a draft of the proposed service contract; 
(5) Explain the relationship between the governing board and the education 
service provider, specifying how the governing board will monitor and evaluate 
the performance of the education service provider, the internal controls that will 
guide the relationship and bow the governing board will ensure fulfillment of 
performance expectations: 
(6) Provide a statement of assurance that the governing board is legally and 
operationally independent from the education service provider: and 
(7) Disclose and explain any existing or potential conflicts of interest between 
the governing board and the education service provider or any affiliated business 
entities. 
I. With respect to a public charter school proposal from an applicant that currently 
operates one or more schools in any other state or nation, in addition to the other 
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requirements of this subsection. the request for proposals must require applicants to 
provide evidence of past performance and current capacity for growth. 
§2407. Charter applications 
1. Application. An applicant for approval as a public charter school must submit an 
application as set out in this section. An applicant may submit an application only to an 
authorizer that has issued a request for proposals in accordance with section 2406. An 
applicant may submit a proposal for a particular public charter school to no more than 
one authorizer at a time. The purposes of the application are to present the proposed 
public charter school's academic and operational vision and plans. demonstrate the 
applicant's capacities to execute the proposed vision and plans and provide the authorizer 
a clear basis for assessing the applicant's plans and capacities. 
2. Conversion of existing noncharter public schools. A noncharter public school 
or public school program may apply to its local school board to become a conversion 
public charter school. 
3. Start-up schools. An applicatio~ for a start-up public charter school may be 
submitted by a nonprofit, nonreligious organization. If the organizers of a start-up public 
charter school have been affiliated with a previous school or education program, they 
must form a separate nonprofit organization in this State to be eligible for state and 
federal grants. 
4. 
Application review process. 
In reviewing and evaluating applications, 
authorizers shall employ procedures, practices, criteria and standards consistent with 
nationally recognized principles and standards for authorizing high-quality public charter 
schools. 
A. 
The application review process must include, at a minimum. substantive 
participation by a team of reviewers who collectively possess appropriate academic 
expertise and operational experience with public charter schools. 
B. 
The application review process must include a thorough evaluation of each 
application, an in-person interview with the applicant and a public hearing. 
C. In deciding whether to approve applications, authorizers shall: 
(1) Grant charters only to applicants that have demonstrated competence in each 
element of the authorizer's published approval criteria and are likely to open and 
operate a successful public charter school: 
(2) Base decisions on documented evidence collected through the application 
review process; and 
(3) Follow charter-granting policies and practices that are transparent. based on 
merit and avoid conflicts of interest or any appearance of a conflict of interest. 
5. Approval; denial. No later than 90 days after the filing of an application. an 
authorizer shall decide to approve or deny the application. The authorizer shall make and 
announce all chimer approval or denial decisions in a meeting open to the public. 
A. An approval decision may include, if appropriate, reasonable conditions that the 
applicant must meet before a charter contract may be executed. 
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B. If the authorizer denies an application, the authorizer shall clearly state, for public 
record, its reasons for denial. 
An applicant may subsequently reapply to that 
authorizer or apply to any other authorizer in the State. 
C. Within 10 days of taking action to approve or deny an application, the authorizer 
shall report to the commissioner the action it has taken. The authorizer shall provide 
a copy of the report to the applicant at the same time that the report is submitted to 
the commissioner. 
D. The commissioner shall register the charters approved by all chartering authorities 
in chronological order by date of approval. 
E. An approved application may not serve as a school's charter contract nor may it be 
incorporated by reference into the charter contract. 
F. A decision on an application must be 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. 
§2408. Charter contracts 
1. Charter contracts. When an application is approved. a charter contract must be 
executed in accordance with this section. 
A. After approval of an application and no later than 60 days prior to the opening 
date of the public charter school, the authorizer and the governing board shall execute 
a charter contract that sets forth: 
(1) 
Performance provisions describing the academic and operational 
performance expectations and measures by which the public charter school will 
be judged: and 
(2) 
Administrative provisions articulating the administrative relationship 
between the authorizer and the public charter school, including each party's rights 
and duties. 
B. The performance provisions set forth in a charter contract under paragraph A must 
include but need not be limited to applicable federal and state accountability 
requirements. 
C. The performance provisions set forth in a charter contract under paragraph A may 
be refined or amended by mutual agreement of the parties to the charter contract after 
the public charter school is operating and has collected baseline achievement data for 
its enrolled students. 
D. A charter contract must be signed by a designated representative of the authorizer 
and of the public charter school's governing board. 
E. A public charter school may not commence operations without a charter contract 
executed in accordance with this section and approved in a meeting open to the 
public. 
2. Virtual public charter schools. The charter contract of a virtual public charter 
school must require the governing board to: 
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COMMITTEE AMENDMENT" :& .. to S.P. 496, L.D. 1553 
A. Provide each student enrolled in the virtual public charter school with online 
courses that meet or exceed state standards and all instructional materials required for 
the student's participation in the school: 
B. Ensure that the nersons who operate the virtual public charter school on a day-to-
day basis comply with and carry out all apnlicable requirements. statutes, regulations, 
rules and policies of the school; 
C. Ensure that a parent of each student verifies the number of hours of educational 
activities completed by the student each school year; and 
D. Adopt a plan by which the governing board provides: 
(1) Frequent. ongoing monitoring to ensure and verify that each student is 
participating in the virtual public charter school, including synchronous contact 
between teachers and students and between teachers and parents to ensure and 
verifY student participation and learning; 
(2) Regular instructional opportunities in real time that are directly related to the 
virtual public charter school's curricular objectives, including, but not limited to, 
meetings with teachers and educational field trips and outings; 
(3) Verification of ongoing student attendance in the virtual public charter 
school: 
(4) Verification of ongoing student progress and performance in each course as 
documented by ongoing assessments and examples of student course work: and 
(5) Administration to all students in a proctored setting of all applicable 
assessments as required by the State. 
Nothing in this subsection prohibits a virtual public charter school from reimbursing 
families of enrolled students for costs associated with their Internet connection for use in 
the program. 
Only students enrolled in a virtual public charter school as full-time students may be 
reported in the virtual public charter school's average pupil count to the department for 
the purposes of receiving local. state and federal funds. 
§2409. Public charter school performance framework 
1. Performance framework. The performance provisions of a charter contract must 
be based on a performance framework developed by the authorizer that sets forth the 
academic and operational performance indicators that will guide the authorizer's 
evaluations of each public charter school. 
2. Data elements. The performance framework developed under subsection 1 must 
include, at a minimum. indicators for: 
A. Student academic proficiency; 
B. Student academic growth; 
C. 
Achievement gaps in both proficiency and growth between major student 
subgroups; 
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COMMITIEE AMENDMENT "'8" to S.P. 496, L.D. 1553 
D. Attendance; 
E. Recurrent enrollment from year to year; 
F. With respect to high school, postsecondary readiness: 
G. Financial performance and sustainabiIity; 
H. Governing board performance and stewardship; and 
I. Parent and community engagement. 
3. Annual performance targets. Annual performance targets must be set by a 
public charter school in conjunction with its authorizer and must be designed to help each 
school meet applicable federal and state requirements and authorizer expectations. 
4. Data disaggregation. The performance framework developed under subsection 1 
must require the disaggregation of all student performance data by major student 
subgroups. 
5. Reports for multiple campuses. With respect to a public charter school that 
contains multiple campuses operating under a single charter contract or overseen by a 
single governing board. the performance framework developed under subsection 1 must 
require the performance of each campus to be reported separately and must hold each 
campus independently accountable for its performance. 
§2410. Oversight 
1. Data collection; monitoring. For each public charter school it oversees. the 
authorizer is responsible for collecting, analyzing and reporting all data from state 
assessments in accordance with the performance framework developed under section 
2409. subsection 1. An authorizer shall monitor the performance and legal compliance of 
the public charter schools it oversees, including collecting and analyzing all data to 
support ongoing evaluation according to the charter contract. 
2. Notification of unsatisfactory performance or compliance. In the event that a 
public charter school's performance or legal compliance appears unsatisfactory, the 
authorizer shall promptly notify the public charter school of perceived problems and 
provide reasonable opportunity for the school to remedy the problems. 
§2411. Charter term and renewal 
1. Initial charter term. The term for an initial charter may not commence before 
July 1. 2012. An initial charter must be granted for a term of 5 operating years. The 
charter term commences on the public charter school's first day of operation. 
An 
approved public charter school may delay its opening for one school year in order to plan 
and prepare for the school's opening. If the public charter school requires an opening 
delay of more than one school year. the public charter school must request an extension 
from its authorizer. The authorizer may grant or deny the extension depending on the 
particular public charter school's circumstances. 
2. Charter renewal term. A charter may be renewed for successive terms of 5 
years, although an authorizer may grant a renewal for a term not to exceed 15 years based 
on the performance. demonstrated capacities and particular circumstances of each public 
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charter school. If a charter is renewed for more than 5 years, the authorizer shall still 
issue a public charter school performance report every 5 years as called for by subsection 
3. An authorizer may grant renewal with specific conditions for necessary improvements 
to a public charter school. 
3. Authorizer renewal responsibilities. No later than June 30th of a public charter 
school's 4th year of operation under each 5-year term of a charter contract, the authorizer 
shall issue a public charter school performance report. If the charter of the public charter 
school is expiring, the authorizer shall offer charter renewal application guidance to the 
school. 
A. The performance report required in this subsection must summarize the public 
charter school's performance record to date, based on the data required by this chapter 
and the charter contract, and must provide notice of any weaknesses or concerns 
perceived by the authorizer concerning the school that may jeopardize its position in 
seeking. renewal if not timely rectified, The school must be given the opportunity to 
respond to the performance report and submit any corrections or clarifications for the 
report. 
B. The renewal application guidance required by this subsection must include or 
refer explicitly to the criteria and standards that will guide the authorizer's renewal 
decisions, which must be based on the performance framework under section 2409 
set forth in the charter contract and consistent with this chapter. The renewal 
application guidance must. at a minimum, require and provide an opportunity for the 
public charter school to: 
(1) Present additional evidence, beyond the data contained in the performance 
report, supporting its case for charter renewal; 
(2) Describe improvements undertaken or planned for the school; and 
(3) Detail the school's plans for the next charter term. 
4. Renewal application. No later than September 30th of a public charter school's 
5th year of operation under a term of a charter contract or September 30th of a public 
charter school's final authorized year of operation under a term of a charter contract, the 
governing board of a public charter school seeking renewal shall submit a renewal 
application to the authorizer pursuant to any renewal application guidance offered by the 
authorizer under subsection 3. 
5. Renewal decision. An authorizer shall rule by resolution on a renewal application 
under this section no later than 45 days after the filing of the renewal application. In 
making charter renewal decisions, every authorizer shall: 
A. Ground its decisions in evidence of the public charter school's performance over 
the term of the charter in accordance with the performance framework under section 
2409 set forth in the charter contract; 
B. Ensure that data used in making renewal decisions are available to the public 
charter school and the public; and 
C. Provide a public report summarizing the evidence basis for each decision. 
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6. Charter revocation and nonrenewal. A decision by an authorizer to revoke or 
not to renew the charter of a public charter school must be made in accordance with this 
subsection. 
A. A charter may be revoked at any time or not renewed if the authorizer determines 
that the public charter school failed to comply with the provisions of this chapter or: 
(1) Committed a material violation of any of the tenns. conditions, standards or 
procedures required under this chapter or the charter contract; 
(2) 
Failed to meet or make sufficient progress toward the perfonnance 
expectations set forth in the charter contract; 
(3) Failed to meet generally accepted standards offiscal management; or 
(4) Violated any provision oflaw from which the school was not exempted. 
B. If an authorizer revokes or does not renew a charter. the authorizer shall clearly 
state, in a resolution of its governing entity, the reasons for the revocation or 
nonrenewal. 
7. Notification to commissioner. Within 10 days of taking action to renew, not 
renew or revoke a charter under this section. the authorizer shall report to the 
commissioner the action taken and shall provide a copy of the report to the public charter 
school at the same time that the report is submitted to the commissioner. The report must 
include a copy of the governing entity of the authorizer's resolution setting forth the 
action taken and reasons for the decision. 
S. School closure and dissolution. If a public charter school closes for any reason: 
A. The authorizer shall oversee and work with the closing public charter school to 
ensure timely notification to parents. orderly transition of students and student 
records to new schools and proper disposition of school funds, property and assets in 
accordance with the requirements of this chapter; and 
B. 
The assets of the public charter school must be distributed first to satisfy 
outstanding payroll obligations for employees of the public charter school and then to 
creditors of the public charter school. Any remaining funds must be paid to the 
Treasurer of State to the credit of the General Fund. If the assets of the public charter 
school are insufficient to pay all parties to whom the public charter school owes 
compensation, the prioritization of the distribution of assets may be determined by 
decree of a court of law. 
9. Charter transfers. A charter contract and its oversight may not be transferred 
from one authorizer to another before the expiration of the charter contract term except by 
mutual agreement of all parties. 
§2412. Operations 
1. Legal status. Notwithstanding any provision of law to the contrary. to the extent 
that any provision of this chapter is inconsistent with any other state or local law, rule or 
regulation. the provisions of this chapter govern and are controlling. 
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A. A public charter school is subject to all federal laws and authorities, to local law 
not inconsistent with this chapter and to the charter contract. 
B. A charter contract may include one or more schools, to the extent approved by the 
authorizer and consistent with applicable law. Each public charter school that is part 
of a charter contract must be separate and distinct from any others. 
C. A single governing board may be issued one or more charter contracts. Each 
public charter school operating under its own contract is a discrete legal entity, 
separate and distinct from any others. 
2. Local educational agency status. The following provisions govern the status of 
public charter schools as local educational agencies. 
A. In the case of a public charter school authorized by a local school board: 
(1) . The school administrative unit in which the public charter school is located 
remains the local educational agency and the public charter school is a school 
within that local educational agency; 
(2) The public charter school receives services, resources and support in the 
same manner as other school administrative unit noncharter public schools, 
except that the public charter school is treated as a local educational agency for 
purposes of applying for competitive federal grants; and 
(3) The school administrative unit retains responsibility for special education and 
serves students in public charter schools in a manner consistent with local 
educational agency obligations under applicable federal, state and local law and 
the charter contract. 
B. In the case of a public charter school authorized by the commission: 
(ll The public charter school functions for all purposes as a locill educational 
agency and is a school administrative unit independent of the school 
administrative unit in which the school is located. School administrative unit 
status does not preclude a public charter school from developing links to local 
school districts. for services, resources and programs, by mutual agreement or by 
formal contract; 
(2) To the extent permitted by federal, state or local laws, the public charter 
school is responsible for meeting the requirements of local educational agencies 
under applicable federal, state and local laws, including those relating to special 
education, receipt of funds and compliance with funding requirements: and 
(3) To the extent permitted by federal, state or local laws, the public charter 
school has primary responsibility for special education at the school, including 
identification and provision of service, and is responsible for meeting the needs 
of enrolled students with disabilities. 
3. Powers of public charter schools. A public charter school has all the powers 
necessary for carrying out the terms of its charter contract. including the powers to: 
A. Receive and disburse funds for school purposes; 
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COMMITTEE AMENDMENT ""Bon to S.P. 496, L.D.1553 
B. Contract or cooperate with noncharter public schools for service for students with 
special needs. English language learner students and other specialized populations. as 
well as for mutually agreed administrative services: 
C. 
Secure appropriate insurance and enter into contracts and leases, free from 
prevailing wage laws; 
D. Contract with an education service provider for the management and operation of 
the public charter school. as long as the public charter school's governing board 
retains oversight authority over the public charter school: 
E. Incur debt in reasonable anticipation of the receipt of public or private funds. 
except that an authorizer is not responsible for any debt incurred by the public charter 
school; 
F. 
Pledge, assign or encumber its assets to be used as collateral for loans or 
extensions of credit 
G. Solicit and accept any gifts or grants for public charter school purposes subject to 
applicable laws and the terms of its charter contract; 
H. Acquire real property for use as its facility or facilities from public or private 
sources; and 
I. Sue and be sued in its own name. 
4. 
General requirements. 
A public charter school is subject to the general 
requirements set out in this subsection. 
A. A public charter school may not discriminate against any person on the basis of 
race, color, sex, sexual orientation, physical or mental disability, religion, age, 
ancestry or national origin or on any other basis that would be unlawful if done by a 
non charter public school. 
B. 
A public charter school may not engage in any religious practices in its 
educational program, admissions or employment policies or operations. 
C. A public charter school may charge tuition. A public charter school may charge 
tuition to an out-of-state student admitted to the school on a space-available basis. 
D. A public charter school must have a plan that describes how the school will meet 
the transportation needs of its students. 
E. The powers, obligations and responsibilities set forth in a charter contract may not 
be delegated or assigned by either party. except as provided in section 2411, 
subsection 9. 
5. Applicability of other laws, rules and regulations. The applicability of other 
laws, rules and regulations to public charter schools is as set out in this subsection. 
A. Public charter schools are subject to the same civil rights and health and safety 
requirements applicable to other noncharter public schools in the State, except as 
otherwise specifically provided in this chapter. 
B. 
Public charter schools are subject to the same student assessment and 
accountability requirements applicable to other noncharter public schools in the State. 
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COMMITIEE AMENDMENT "'B "to S.P. 496, L.D. 1553 
but nothing in this chapter precludes a public charter school from establishing 
additional student assessment measures that go beyond state requirements if the 
school's authorizer approves such measures. 
C. Governing boards are subject to and must comply with Title 1, chapter 13. 
D. Except as provided in this chapter and its charter contract. a public charter school 
is exempt from all statutes and rules applicable to a noncharter public school. a local 
school board or a school administrative unit. School administrative units may not 
interpret this paragraph as reducing their obligation to provide education for their 
residents. 
E. A public charter school is exempt from the restrictions normally associated with 
any state-funded categorical education funding program. 
F. Employees and other public charter school personnel are subject to criminal 
history record checks and fingerprinting requirements applicable to other noncharter 
public schools. 
6. Teachers. This subsection governs teacher employment in a public charter school. 
A. A public charter school must comply with applicable federal laws and regulations 
regarding the qualification of teachers and other instructional staff. 
B. All full-time teachers in a public charter school must either hold an appropriate 
teaching certificate or become certified within 3 years of the date they are hired, 
except for those with an advanced degree. professional certification or unique 
expertise or experience in the curricular area in which they teach. 
C. Teachers at a public charter school may choose to bargain collectively or form a 
professional group in accordance with this paragraph. 
(1) Teachers who are employees of the public charter school have the same 
rights as other teachers in public education to organize and bargain collectively. 
Bargaining units at the public charter school must be separate from other 
bargaining units. such as a district bargaining unit. Staff at non charter public 
schools converting to public 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. 
(2) A teacher who is an employee of the public charter school may choose to be 
part of a professional group that operates the instructional program under an 
agreement with the public charter school, forming a partnership or producer 
cooperative that the teachers collectively own. 
(3) Teachers who are employees of the public charter school may not be required 
to be members of any existing collective bargaining agreement between a school 
administrative unit and its employees. A public charter school may not interfere 
with civil service laws or other applicable rules protecting the rights of 
employees to organize and be free from discrimination. 
7. External audit. A public .charter school shall adhere to generally accepted 
accounting principles and shall annually engage an external auditor to do an independent 
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COMMITIEE AMENDMENT" 13" to S.P. 496, L.D. 1553 
audit of the school's finances. The public charter school shall submit the audit to its 
authorizer and to the department. 
§2413. Attendance; funding 
1. Enrollment count. Students enrolled in and attending public charter schools must 
be reported to the department. for attendance purposes, as provided in department rules. 
2. Funding. The following provisions apply; to funding of public charter schools. 
A. Except as otherwise provided in this chapter. the State shall send applicable 
federal funds directly to public charter schools attended by eligible students. Public 
charter schools with students eligible for funds under Title I ofthe federal Elementary 
and Secondary Education Act of 1965. 20 United States Code. Section 6301 et seq. 
must receive and use these funds in accordance with federal and state law. During 
the first year of operation, a public charter school must receive Title I funds on the 
basis of an estimated enrollment of eligible students, as agreed with its authorizer. 
S. A public charter school may receive gifts and grants from private sources in any 
manner that is available to a school administrative unit. 
C. 
A public charter school may not leyy taxes or issue bonds secured by tax 
revenues. 
D. Any money received by a public charter school from any source and remaining in 
the school's accounts at the end of any budget year remains in the school's accounts 
for use by the school during subsequent budget years and may not revert to the 
authorizer or to the State. 
E. Nothing in this chapter may be construed to prohibit any person or organization 
from providing funding or other assistance for the establishment or operation of a 
public charter school. The governing board of a public charter school may accept 
gifts. donations or grants of any kind made to the school and expend or use such gifts, 
donations or grants in accordance with the conditions prescribed by the donor except 
that a gift, donation or grant may not be accepted if subject to a condition that is 
contrary to any provision of law or term of the charter contract. 
F. Public charter schools have the same access as other noncharter public schools to 
any risk pool for high-cost special education services and to any fund for fiscal 
emergencies. 
§2414. Facilities 
1. Facilities; property. A public charter school may acquire facilities and property 
in accordance with this subsection. 
A. A public charter school has a right of first refusal to purchase or lease at or below 
fair market value a closed noncbarter public school facility or property or unused 
portions of a noncharter public school facility or property located in a school 
administrative unit from which it draws its students if the school administrative unit 
decides to sell or lease tbe noncharter public school facility or property. The school 
administrative unit may not require purchase or lease payments that exceed the fair 
market value of the property. 
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COMMITTEE AMENDMENT" S" to S.P. 496, L.D. 1553 
B. A public charter school may negotiate and contract with a school administrative 
unit. the governing body of a state college or university or public community college 
or any other public or for-profit or nonprofit private entity for the use of a school 
building. 
C. Library. community service. museum. performing arts. theater. cinema. church. 
community college. college and university facilities may provide space to public 
charter schools within their facilities under their preexisting zoning and land use 
designations. 
D. A public charter school may purchase or lease at or below fair market value part 
or all of any surplus or unused state-owned facility or property located in the State. 
The state agency in control of the facility may not require purchase or lease payments 
that exceed the fair market value of the property. 
E. The same zoning rules that apply to other noncharter public schools apply to 
public charter schools. 
2. Inspection; building code. The municipality in which a facility of a public 
charter school is located is the agency that has jurisdiction for the purposes of inspection 
of the facility and issuance of a certificate of occupancy for the facility. If the facility is 
located in an unorganized area of the State. the county has jurisdiction for those purposes. 
A facility of a public charter school is subject to the same building codes. regulations and 
fees that apply to other noncharter public schools. 
3. Taxes. A facility. or portion thereof. used to house a public charter school is 
exempt from property taxes. 
. 
§2415. Miscellaneous 
1. Transfer of credits. If a student who was previously enrolled in a public charter 
school enrolls in a~other noncharter public school in this State. the school to which the 
student transfers must accept credits earned by the student in courses or instructional 
programs at the public charter school in a uniform and consistent manner and according 
to the same criteria that are used to accept academic credits from other noncharter public 
schools. 
2. 
Access to extracurricular and interscholastic activities. 
A public charter 
school is eligible for state-sponsored or school administrative unit-sponsored 
interscholastic leagues, competitions. awards, scholarships and recognition programs for 
students. educators, administrators and schools to the same extent as noncharter public 
schools. A public charter school student is eligible to participate in extracurricular 
activities not offered by the student's public charter school at the noncharter public school 
within the attendance boundaries of which the student's custodial parent or legal guardian 
resides or the noncharter public school from which the student withdrew for the purpose 
of attending a public charter school. A public charter school student is eligible for 
extracurricular activities at a noncharter public school subject to eligibility standards 
applied to full-time students of the noncharter public school. A school administrative unit 
or noncharter public school may not impose additional requirements on a public charter 
school student to participate in extracurricular activities that are not imposed on full-time 
students of the noncharter public school. Public charter school students shall pay the 
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COMMITIEE AMENDMENT":B "to S.P. 496, L.D. 1553 
same fees as other students to participate in extracurricular or cocurricular activities. For 
each public charter school student who participates in an extracurricular or co curricular 
activity at a noncharter public school. the public charter school must pay a reasonable 
share of the noncharter public school's costs for the activity, as determined through 
negotiations between the schools involved. 
3. Retirement. A public charter school may establish a retirement plan or plans for 
employees. If a public charter school chooses to set up a plan with the Maine Public 
Employees Retirement System, the public charter school may establish a participating 
local district plan with the Maine Public Employees Retirement System under Title 5, 
chapter 425. 
Sec. 6. Review of retirement laws. The Maine Public Employees Retirement 
System shall review the laws governing participating local districts' retirement plans and 
shall submit, by December 1, 2011, a report to the Joint Standing Committee on 
Appropriations and Financial Affairs that includes any proposed legislation necessary to 
fully implement this Act. 
Sec. 7. Staggered terms. Notwithstanding the Maine Revised Statutes, Title 
20-A, section 2405, subsection 8, of the initial members of the State Charter School 
Commission, one member who is also a member of the State Board of Education serves a 
3-year term, one member who is a member of the state board serves a 2-year term and 
one member who is a member of the state board serves a one-year term. Two members 
who are approved by the state board serve 3-year terms, one serves a 2-year term and one 
serves a one-year term. 
Sec. 8. Public charter school; operational date. Notwithstanding the Maine 
Revised Statutes, Title 1, section 302, a public charter school application submitted to an 
authorizer, as defined in Title 20-A, section 2401, subsection 2, before July 1, 2012 is 
subject to statutory amendments enacted or rule amendments adopted after the effective 
date ofthis Act and before July 1, 2012. 
Sec. 9. Department report. The Department of Education shall submit a report 
to the Joint Standing Committee on Education and Cultural Affairs by November 1,2011. 
The report must include the status of the following initiatives: 
1. A draft version of the major substantive rules that the department determines are 
necessary to implement this Act, including but not limited to rules relating to the 
provision and funding of special education services to public charter school students, the 
process for transferring funds to public charter schools and standards for department 
oversight and authority over public charter school authorizers. The provisionally adopted 
rules must be transmitted to the Legislature on or before January 13,2012; 
2. The department's proposed guidelines and interpretations regarding the procedures 
necessary to implement the public charter school legislation and the applicability of state 
laws and rules to public charter schools; and 
3. The draft legislation that the department plans to submit to clarify or amend the 
statutory provisions established by this Act or that the department determines is necessary 
to implement a public charter school program in the State. 
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COMMITTEE AMENDMENT" B" to S.P. 496, L.D. 1553 
Sec. 10. Appropriations and allocations. The following appropriations and 
allocations are made. 
EDUCATION, DEPARTMENT OF 
Charter School Program N083 
Initiative: Provides base allocations beginning in fiscal year 2012-13 for the public 
charter schools program. 
FEDERAL EXPENDITURES FUND 
All Other 
FEDERAL EXPENDITURES FUND TOTAL 
SUMMARY 
2011-12 
$0 
$0 
2012-13 
$500 
$500 
This amendment is the minority report of the Joint Standing Committee on Education 
and Cultural Affairs. The amendment is identical to the majority report of the committee, 
except that this amendment removes an provisions stating that the state and local funds 
allocated to a school administrative unit must follow the student to the public charter 
school. The charter school may charge tuition to students who enroll in the school. 
Similar to the majority report, the minority report also accomplishes the following. 
1. It directs the Department of Education to establish standards for authorizers of 
public charter schools and authorizes the department to investigate and sanction an 
authorizer of public charter schools that is found to be deficient or in noncompliance with 
the standards. 
2. It requires that the Department of Education adopt major substantive rules to 
implement the public charter school program. 
3. It provides enrollment limitations to protect smaller noncharter public schools 
during the first 3 years of a public charter school's operation. 
4. It removes the provision that proposed to require school administrative units to 
provide notice to parents and the public regarding the opportunity to enroll students in a 
public charter school. 
5. It removes certain colleges as authorizers of charter schools. 
6. It removes unnecessary provisions from service contract provisions. 
7. It adds qualifications to the requirements for appointing certain members to the 
State Charter School Commission and provides that the joint standing committee of the 
Legislature having jurisdiction over education matters has an opportunity to meet and 
interview candidates nominated for the commission prior to their appointment. 
8. It authorizes the State Charter School Commission to adopt rules to develop, 
implement and refme its procedures for authorizing public charter schools. 
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COMMITTEE AMENDMENT" .B" to S.P. 496, L.D. 1553 
9. It establishes a 10-year transition period during which only 10 public charter 
schools may be authorized by the State Charter School Commission and provides that 
public charter schools authorized by school boards may not be counted against the limit 
established for public charter schools authorized by the State Charter School 
Commission. 
10. It clarifies provisions established for virtual public charter schools related to 
teacher contact with students and parents to ensure student participation and learning. 
11. It requires that a public charter school must submit an annual audit to its 
authorizer and the Department of Education. 
12. It provides that the rules adopted by the Department of Education must address 
attendance and funding requirements for students enrolled in public charter schools. 
13. It clarifies that the funding following the student enrolled in a public charter 
school is the Essential Programs and Services per-pupil rate established pursuant to the 
Maine Revised Statutes, Title 20-A, chapter 606-B and not the actual amount of per-pupil 
funding raised by local school administrative units. 
14. It provides that the rules adopted by the Department of Education may establish 
an alternative method of transferring funds to public charter schools. 
15. It provides that a public charter school may not begin operations prior to July 1, 
2012, and it provides that a public charter school application submitted to an authorizer 
before July 1, 2012 is subject to statutory amendments enacted or rule amendments 
adopted before July 1,2012. 
16. It directs the Department of Education to present a report to the Joint Standing 
Committee on Education and Cultural Affairs by November 1, 2011 on the status of rules 
proposed to implement this legislation and on the status of suggested legislation to be 
submitted to the Second Regular Session of the 125th Legislature to further improve the 
implementation ofthis legislation. 
17. It adds an appropriations and allocations section. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
• 
Approved: 05/31/11 ;tvac 
LD 1553 
LR 869(03) 
An Act To Create a Public Charter School Program in Maine 
Fiscal Note for Bill as Amended by Committee Amendment "~" 'S - 302.... 
Committee: Education and Cultural Affairs 
Fiscal Note Required: Yes 
Fiscal Note 
Potential current biennium revenue increase - Federal Expenditures Fund 
Appropriations! Allocations 
Federal Expenditures Fund 
Fiscal Detail and Notes 
$0 
FY 2012-13 
$500 
Projections 
FY 2013-14 
$500 
Projections 
FY 2014-15 
$500 
This bill establishes a process which authorizes the establishment of charter schools in the State and provides for a 10-
year traansition period in which only 10 public charter schools may be approved by authorizers other than local school 
boards. The impact to local school administrative unit's state subsidy due to a reduction in enrollment as a result of 
students choosing to attend a charter school can not be determined at this time and will depend on actual experience. 
The additional cost to the Department of Education associated with implementing this legislation can be absorbed 
within existing budgeted resources. 
This bill includes Federal Expenditures Fund allocations of $500 per year beginning in fiscal year 2012-13 to the 
Charter School program within the Department of Education to establish a base allocation for any federal grants that 
may be received by the department for the charter school program. The amount of grants that may be received by the 
state can not be determined at this time. 
Additional costs to the Maine State Retirement System associated with conducting the required review of retirement 
plans for participating local districts can be absorbed within the system's operating budget. 
Additional costs to the Maine Labor Relations Board associated with this legislation can be absorbed within existing 
budgeted resources. 
LR0869(03) - Fiscal Note - Page 1 of I