Resolve, To Create a State-run Virtual Academy Providing Maine Students with Access to Online Learning through Their Existing School Districts
Maine Legislature, Session 126, LD 1736
Committee Amendment CA_A_S392 (Senate)

COMMITTEE AMENDMENT" A " to S.P. 689, L.D. 1736, "Resolve, To Create a 
State-run Virtual Academy Providing Maine Students with Access to Online Learning 
through Their Existing School Districts" 
Amend the resolve by striking out the title and substituting the following: 
'Resolve, To Provide Maine Students with Access to Online and Digital Learning 
Opportunities through Their Existing School Districts' 
Amend the resolve by striking out everything after the title and before the summary 
and inserting the following: 
'Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, it is crucial that the Department of Education, education stakeholders and 
school administrative units begin their work as soon as possible to ensure the stakeholder 
group convened by the department pursuant to this resolve has sufficient time to obtain 
information and develop plans regarding the establishment of online and digitalleaming 
opportunities and the development of a memorandum of understanding that provides 
Maine secondary school students with the opportunity to access a virtual learning 
academy during the 2014-2015 school year; and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore, be it 
Sec. 1. 
Stakeholder group to develop online and digital learning 
opportunities. Resolved: 
That the Department of Education shall convene a 
stakeholder group to develop plans to establish online and digital learning opportunities, 
which may include a state-administered virtual academy and a state-administered digital 
learning exchange, that provide all public schools in the State access to online instruction, 
online courses and digital learning resources for their students. The stakeholder group 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" A" to S.P. 689, L.D. 1736 
must include a member of the Maine Charter School Commission, established in Title 5, 
section 12004-G, subsection IO-D, and representatives of education associations in the 
State, including but not limited to representatives of the Maine School Superintendents 
Association, the Maine School Boards Association, the Maine Principals' Association, the 
Maine Education Association, and Maine educators who are currently providing online 
and digital learning opportunities for their students through the virtual high school 
program. In designing online and digital learning opportunities, which may include a 
state-administered virtual academy and a state-administered digital learning exchange, the 
stakeholder group, in collaboration with the Department of Education, shall: 
1. Ensure the virtual academy provides for a blended learning environment that offers 
access to virtual classes along with traditional classroom-based instruction; 
2. Ensure the digital learning exchange provides expanded digital learning 
opportunities to all Maine students and establishes a clearinghouse of open educational 
resources available to all educators, parents and students; 
3. Place particular emphasis on enhancing curriculum and addressing potential 
scheduling obstacles, including scheduling obstacles that may be encountered by students 
in career and technical education programs; and 
4. Use as models the Vermont Virtual Learning Cooperative, the Virtual Learning 
Academy Charter School in New Hampshire and digital learning exchanges in other 
states and jurisdictions. 
The stakeholder group, with the assistance of the Department of Education, shall 
complete the design of online and digital learning opportunities by January 15, 2015; and 
be it further 
Sec. 2. Access to a virtual learning academy during the 2014-2015 school 
year. Resolved: That, by July 31,2014, the stakeholder group convened pursuant to 
section 1, in collaboration with school administrative units in the State, shall make a good 
faith effort to develop a memorandum of understanding with the Virtual Learning 
Academy Charter School in New Hampshire to provide Maine secondary school students 
with access to virtual learning programs during the 2014-2015 school year through the 
Virtual Learning Academy Charter School in New Hampshire. The memorandum of 
understanding must include the agreement of participating school administrative units and 
the Virtual Learning Academy Charter School in New Hampshire to provide access to 
virtual learning programs that serve the best interest of Maine secondary school students 
and that reduce to the greatest extent possible the cost of admission to virtual learning 
programs during the 2014-2015 school year. On or before July 31, 2014, the 
Commissioner of Education shall notify the Legislature that the stakeholder group and the 
participating school administrative units in the State have either made a good faith effort 
to develop a memorandum of understanding in accordance with this section or failed to 
make a good faith effort. The Commissioner of Education shall submit a copy of any 
memorandum of understanding developed in accordance with this section to the Joint 
Standing Committee on Education and Cultural Affairs by July 31, 2014; and be it further 
Sec. 3. Report. Resolved: That, by January 15, 2015, the Commissioner of 
Education or the commissioner's designee, on behalf of the stakeholder group pursuant to 
section 1, shall submit a report, including findings and any recommended legislation 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A" to S.P. 689, L.D. 1736 
necessary to implement plans for the establishment of online and digital learning 
opportunities, which may include a state-administered virtual academy and a state-
administered digital1earning exchange, to the joint standing committee· of the Legislature 
having jurisdiction over education matters. The joint standing committee may submit a 
bill related to the report to the First Regular Session of the 127th Legislature; and be it 
further 
Sec. 4. 
Moratorium. Resolved: That, notwithstanding the Maine Revised 
Statutes, Title 1, section 302; and Title 20-A, chapter 112; or any other law to the 
contrary, a virtual public charter school that has not commenced operations as of the 
effective date of this section may not commence operations, regardless of whether the 
Maine Charter School Commission, established in Title 5, section 12004-G, subsection 
10-D, has approved, authorized or executed a contract for that virtual public charter 
school prior to the effective date of this section, and the Maine Charter School 
Commission may not approve an application for a virtual public charter school, including 
any application pending on the effective date of this section, execute a contract for a 
virtual public charter school or otherwise authorize a virtual public charter school until: 
1. July 31, 2014, if the Commissioner of Education notifies the Legislature that the 
stakeholder group and the participating school administrative units in the State did not 
make a good faith effort to develop a memorandum of understanding in accordance with 
section 2; or 
2. January 15, 2015, if the commissioner notifies the Legislature that the stakeholder 
group and the participating school administrative units in the State made a good faith 
effort to develop a memorandum of understanding in accordance with section 2. 
Emergency clause. 
In view of the emergency cited in the preamble, this 
legislation takes effect when approved.' 
SUMMARY 
This amendment, which is the majority report of the Joint Standing Committee on 
Education and Cultural Affairs, strikes and replaces the resolve to accomplish the 
following. 
1. It directs the Department of Education to convene a stakeholder group to develop 
plans to establish online and digital learning opportunities, which may include a state-
administered virtual academy and a state-administered digital learning exchange, that 
provide all public schools in the State access to online instruction, online courses and 
digital learning resources for their students. 
2. It directs the stakeholder group, in collaboration with the Department of Education, 
to complete the design of online and digital learning opportunities for Maine students and 
submit a report, including findings and any necessary implementing legislation, to the 
joint standing committee of the Legislature having jurisdiction over education matters by 
January 15,2015. 
3. It directs the stakeholder group, in collaboration with school administrative units in 
the State, to develop a memorandum of understanding with the Virtual Learning 
Academy Charter School in New Hampshire to provide Maine secondary school students 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A" to S.P. 689, L.D. 1736 
with access to virtual learning programs during the 2014-2015 school year and it directs 
the Commissioner of Education to notify the Legislature whether or not the stakeholder 
group and the participating school administrative units in the State made a good faith 
effort to develop a memorandum of understanding in accordance on or before July 31, 
2014. 
4. It imposes a moratorium on the authorization and operation of virtual public 
charter schools subject to authorization by the Maine Charter School Commission until 
January 15, 2015 unless the Commissioner of Education notifies the Legislature that the 
stakeholder group and the participating school administrative units in the State failed to 
make a good faith effort to develop a memorandum of understanding on or before July 
31,2014. 
5. 
It stipulates that the moratorium established by the resolve regarding the 
authorization or operation of virtual public charter schools prohibits a virtual public 
charter school that has not commenced operations as of the effective date of the resolve 
from commencing operations, regardless of whether the Maine Charter School 
Commission has approved, authorized or executed a contract authorizing that virtual 
public charter school prior to the effective date of the resolve; and it prohibits the Maine 
Charter School Commission from executing a contract or authorizing a virtual public 
charter school, including an application for a virtual public charter school pending 
approval by the commission on the effective date of the resolve. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 02118114 
~ac 
LD 1736 
LR 2724(02) 
Resolve, To Create a State-run Virtual Academy Providing Maine Students with Access to Online 
Learning through Their Existing School Districts 
Fiscal Note for Bill as Amended by Committee Amendment '}\!' (s- 3q~) 
Committee: Education and Cultural Affairs 
Fiscal Note Required: Yes 
Fiscal Note 
Potential current biennium cost increase - Local School Administrative Units 
Fiscal Detail and Notes 
Providing Maine secondary students with access to virtual learning programs at the Virtual Learning Academy 
Charter School in New Hampshire during the 2014-2015 school year if a memorandum of understanding between 
those school administrative units that wish to participate and the Virtual Learning Academy Charter School can be 
reached may result in increased costs to the participating local school units. The total fiscal impact will depend on the 
cost of admission into the virtualleaming programs and the number of students that participate. 
Additional costs to the Department of Education to convene the stakeholder group to develop the required plans and 
submit the required report can be absorbed within existing budgeted resources. 
LR2724(02) - Fiscal Note - Page 1 of 1