An Act To Allow Charter Schools To Request Waivers from Certain Requirements
Maine Legislature, Session 126, LD 0729
Committee Amendment CA_A_S137 (Senate)
Amends: 20-A MRSA §2412

COMMITTEE AMENDMENT 'A" to S.P. 267, L.D. 729, Bill, "An Act To Allow 
Charter Schools To Request Waivers from Certain Requirements" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 20-A MRSA §2412, sub-§5, ~ is enacted to read: 
r. 
Except as provided in subparagraph (2), the commissioner may grant a public 
charter school a waiver of one or more requirements applicable to the public charter 
school upon receipt of an application from the public charter school that includes the 
basis for the waiver request and a plan to reduce reliance on waivers in subsequent 
years. 
A public charter school may submit an application for a waiver to the 
commissioner only upon receiving prior approval from the public charter school's 
authorizer of the same waiver request. 
(1) 
Fioctncial hardship is one criterion the commissioner must consider in 
determining whether to grant a waiver to the public charter school. 
(2) A public charter school may not apply to the commissioner for a waiver of 
any of the following requirements: 
(a) Civil rights and l:.ealth and safety requirements as described in paragraph 
A' 
~ 
(b) 
Student assessment and accountability requirements as described in 
paragraph B; 
ec) Conflict of interest and public records and proceedings requirements as 
described in paragraph C; 
e d) 
Criminal history record checks and fingerprinting requirements as 
described in paragraph F; and 
ee) Special education requirements as described in paragraph G. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT 'A" to S.P. 267, L.D. 729 
(3) By February 1st of each year, the commissioner shall report the number of 
waivers requested and the number granted and the reason for each waiver request 
for the prior year to the joint standing committee of the Legislature having 
jurisdiction over education matters and post the report on the department's 
publicly accessible website.' 
SUMMARY 
This amendment strikes and replaces the bill to clarify that the request from a public 
charter school for a waiver of one or more statutory requirements applicable to the public 
charter school may not include a request for a waiver of requirements established in the 
Maine Revised Statutes, Title 20-A, section 2412, subsection 5 related to civil rights and 
health and safety, student assessment and accountability, conflicts of interest and public 
records and proceedings, criminal history record checks and fingerprinting and special 
education. 
FISCAL ~OTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 05124/13 
~ac 
LD729 
LR 1303(02) 
An Act To Allow Charter Schools To Request Waivers from Certain Requirements 
Fiscal Note for Bill as Amended by Committee Amendment J\' ( 6-{ ':>Cf-) 
Committee: Education and Cultural Affairs 
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Fisc:d Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Fiscal Detail and Notes 
Additional costs to the Department of Education associated with the waiver process can be absorbed within existing 
budgeted resources. 
LR1303(02) - Fiscal Note - Page 1 of 1