An Act To Permit Public School Online Learning Programs To Accept Nonresident Tuition Students
Maine Legislature, Session 125, LD 0938
Committee: Education and Cultural Affairs
Sponsors: BEAULIEU, CRAVEN, BICKFORD, BOLDUC, CASAVANT, EDGECOMB, NASS, PRESCOTT, RICHARDSON, ROTUNDO
Amends: 20-A MRSA §1, 20-A MRSA §5801, 20-A MRSA §5805, 20-A MRSA §5810, 20-A MRSA §6004, 20-A MRSA §19151, 20-A MRSA §19152, 20-A MRSA §19156

Legislative Document 
No. 938 
H.P. 698 
House of Representatives, March 8, 2011 
An Act To Permit Public School Online Learning Programs To 
Accept Nonresident Tuition Students 
(EMERGENCY) 
Reference to the Committee on Education and Cultural Affairs suggested and ordered 
printed. 
HEATHER J.R. PRIEST 
Clerk 
Presented by Representative BEAULIEU of Auburn. 
Cosponsored by Senator CRAVEN of Androscoggin and 
Representatives: BICKFORD of Auburn, BOLDUC of Auburn, CASAVANT of Biddeford, 
EDGECOMB of Caribou, NASS of Acton, PRESCOTT of Topsham, RICHARDSON of 
Carmel, ROTUNDO of Lewiston. 
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, there is an immediate opportunity for Maine school administrative units 
to improve the quality of education and earn additional revenues by enrolling nonresident 
tuition students in online learning programs; 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 §1, sub-§15-A is enacted to read: 
15-A.  Learning coach.  "Learning coach" means a person who tutors, supports, 
mentors, trains and provides guidance to individual students or groups. 
Sec. 2.  20-A MRSA §5801, as enacted by PL 1981, c. 693, §§5 and 8, is amended 
to read: 
§5801.  Acceptance of tuition students 
A school board may decide whether schools in its school administrative unit shall 
accept tuition students whose parents reside in another school administrative unit or in an 
online learning program wherever the parents reside. 
Sec. 3.  20-A MRSA §5805, sub-§5 is enacted to read: 
5.  Online learning program.  Tuition for students in an online learning program 
whose parents reside outside the State is not subject to the limitations of this section. 
Sec. 4.  20-A MRSA §5810, sub-§3 is enacted to read: 
3.  Online program tuition.  A school administrative unit shall collect tuition for 
students in an online learning program whose parents reside outside the State. 
Sec. 5.  20-A MRSA §6004, sub-§3 is enacted to read: 
3.  Online learning program.  Tuition students in an online learning program whose 
parents reside outside the State must be reported separately to the commissioner and are 
not included in the annual student count required by subsections 1 and 2. 
Sec. 6.  20-A MRSA §19151, sub-§1, ¶A, as enacted by PL 2009, c. 330, §4, is 
amended to read: 
A.  Is taught by a certified teacher or learning coach under the supervision of a 
certified teacher and is delivered primarily electronically using the Internet or other 
computer-based methods in which a student enrolled in a course may have access to 
the teacher or learning coach synchronously or asynchronously; 
Sec. 7.  20-A MRSA §19151, sub-§3, as enacted by PL 2009, c. 330, §4, is 
amended to read: 
3.  Proctored environment.  "Proctored environment" means an environment 
directly monitored by a teacher or, learning coach, administrative staff member or other 
adult employed by an online learning provider or by an adult authorized by the program. 
Sec. 8.  20-A MRSA §19152, sub-§3, as enacted by PL 2009, c. 330, §4, is 
amended to read: 
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 
Sec. 9.  20-A MRSA §19152, sub-§4, as enacted by PL 2009, c. 330, §4, is 
amended to read: 
4.  Public school educational opportunities.  Increase the capacity of school 
administrative units to provide public school educational opportunities for students whose 
educational needs are not being met in the regular public school program. ; and 
Sec. 10.  20-A MRSA §19152, sub-§5 is enacted to read: 
5.  Nonresident tuition students.  Permit school administrative units to provide 
online educational opportunities to nonresident tuition students whose parents reside 
within or outside the State. 
Sec. 11.  20-A MRSA §19156 is enacted to read: 
§19156.  Applicable laws 
A tuition student enrolled in an online learning program whose parents reside outside 
the State is counted for purposes of essential programs and services under chapter 606-B, 
is included in the statewide assessment program established pursuant to chapter 222 and 
is subject to chapter 223, subchapters 1, 2 and 4.  Notwithstanding section 1001, 
subsection 9, the participation in any online learning program by a student whose parents 
reside outside the State may be terminated at the discretion of the superintendent after 
providing the student with an online opportunity to be heard. 
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
SUMMARY 
This bill permits Maine public school systems that offer online learning programs to 
allow nonresident students to participate in those programs on a tuition basis.  The 
participation of nonresident tuition students in these programs will benefit the sponsoring 
public school systems both educationally and financially.