An Act To
Maine Legislature, Session 126, LD 1617
Committee Amendment CA_A_H796 (House)
Amends: 20-A MRSA §2413, 20-A MRSA §2413-A, 20-A MRSA §19157

COMMITTEE AMENDMENT "if" to H.P. 1189, L.D. 1617, Bill, "An Act To 
Amend the Laws Governing the Approval Process for and the Operation of Virtual Public 
Charter Schools in the State" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Amend the Laws Governing the Process for Funding Virtual Public 
Charter Schools and Full-time, Online Learning Programs in the State' 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 20-A MRSA §2413, sub-§2, as amended by PL 2013, c. 272, §2, is 
further amended to read: 
2. Revenue provisions. State With the exception of virtual public charter schools, 
state and local operating funds follow each student to the public charter school attended 
by the student, except that the school administrative unit of the student's residence may 
retain up to 1% of the per-pupil allocation described in this subsection to cover associated 
administrative costs. 
A. For each public charter school student, the school administrative unit in which the 
student resides must forward the per-pupil allocation to the public charter school 
attended by the student as follows. 
(1) The per-pupil allocation amount is the EPS per-pupil rate for the school 
administrative unit in which the student resides, as calculated pursuant to section 
15676, based on the student's grade level and adjusted as appropriate for 
economic disadvantage and limited English proficiency pursuant to section 
15675, subsections 1 and 2. Debt service and capital outlays may not be included 
in the calculation of these per-pupil allocations. The department shall adopt rules 
governing how to calculate these per-pupil allocations, including those for 
targeted funds for assessment technology and kindergat1en to grade 2 programs. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A" to H.P. 1189, LD. 1617 
(2) For students attending public charter schools, the school administrative unit 
of residence shall forward the per-pupil allocations described in subparagraph (1) 
directly to the public charter school attended. These per-pupil allocations must 
be forwarded to each public charter school on a quarterly basis, as follows. For 
each fiscal year, allocations must be made in quarterly payments on September 
st, December 1 st, March 1 st and June 1 st. 
The September and December 
payments must be based on the identity and number of students enrolled or 
anticipated to be enrolled in the public charter school at the opening of school for 
that school year. The number of students may not exceed the maximum 
enrollment approved in the charter contract for that year unless a waiver is 
obtained from the authorizer. 
The March and June payments must be based on 
the identity and number of students enrolled in the public charter school on 
February 1st. 
(3) For transportation expenses, the average per-pupil expense in each school 
administrative unit of residence must be calculated and an amount equal to a 
proportion, up to but not more than 100%, of that per-pupil allocation amount 
must be forwarded to the public charter school attended on the same basis as the 
per-pupil allocations for operating funds. 
The percentage of that per-pupil 
expense must be detennined by the authorizer of the public charter school and 
must be based on the cost of transportation services provided by the public 
charter school to the student. 
(4) 
The department shall pay to the public charter school any additional 
allocation assigned to the public charter school for gifted and talented students 
pursuant to section 15681-A, subsection 5 in the year in which the allocation is 
assigned. 
A school administrative unit is not required to send funds to a public charter school 
for a student enrolled in the public charter school's preschool or prekindergarten 
program if the school administrative unit of the student's residence does not offer that 
program to its own residents. 
B. The following provisions govern special education funding. 
(1) For each enrolled special education pupil, a public charter school must 
receive the average additional allocation calculated by the department under 
section 15681-A, subsection 2 for each school administrative unit for its special 
education students. These allocations must be paid on the same basis as the per-
pupil allocations for operating funds. 
(2) The school administrative unit of residence shall pay directly to the public 
charter school any federal or state aid attributable to a student with a disability 
attending the public charter school in proportion to the level of services for the 
student with a disability that the public charter school provides directly or 
indirectly. 
(3) 
The department shall pay to the public charter school any additional 
allocation assigned to the public charter school because of a high-cost in-district 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" A" to H.P. 1189, L.D. 1617 
placement in accordance with section 15681-A, subsection 2, paragraph B in the 
year in which the allocation is assigned. 
(4) The school administrative unit of residence shall pay to thc public charter 
school any additional allocation assigned to the unit because of a high-cost out-
of-district placement in accordance with section 15681-A, subsection 2, 
paragraph C in the year in which the allocation is assigned to the school 
administrative unit. 
(5) lfthe public charter school in which the student is enrolled was authorized by 
a local school board or a collaborative of local school boards, the funds under this 
paragraph must be paid to the local school board that authorized the public 
charter school or to the designated school board of the collaborative, rather than 
directly to the public charter school. 
The local school board or boards that 
authorized the charter school are responsible for ensuring that special education 
services are provided to students in that school, pursuant to section 2412, 
subsection 2, paragraph A. 
C. 
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 of the 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. 
D. A public charter school may receive gifts and grants from private sources in any 
manner that is available to a school administrative unit. 
E. 
A public charter school may not levy taxes or issue bonds secured by tax 
revenues. 
F. In the event of the failure of the school administrative unit to make payments 
required by this section, the Treasurer of State shall deduct from any state funds that 
become due to the school administrative unit an amount equal to the unpaid 
obligation. The Treasurer of State shall pay over the amount to the public charter 
school upon certification by the department. The department shall adopt rules to 
implement the provisions of this paragraph. 
G. 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. 
R. 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. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A" to H.P_ 1189, LD. 1617 
J. The department may establish a method of transferring funds to public charter 
schools that is an alternative to the method provided in this subsection. 
Sec. 2. 20-A MRSA §2413-A is enacted to read: 
§2413-A. Virtual public charter school funding 
1. Definitions. 
As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings. 
A. "Grading period" means the time between the initiation of a credit-bearing course 
and the submission of a final grade for the credit-bearing course. 
B. "Operations and maintenance" means the costs necessary to support the virtual 
public charter school not directly related to instruction, but necessary to support the 
educational mission of the virtual public charter school. Such costs may include 
Internet access and network infrastructure, office space, technology support and 
marketing. 
C. "Student course enrollment and ongoing student attendance" means student course 
enrollment and ongoing attendance in a virtual learning program as documented by 
the student's virtual public charter school teacher and verified by the virtual public 
charter school. 
2. Revenue provisions. For a virtual public charter school, funds that follow a 
student enrolled in the virtual public charter school from the school administrative unit of 
the student's residence are determined on a unit cost basis with additional funds allowed 
as described in this subsection. 
A. The unit cost must be detennined by the department on an annual basis starting no 
later than April 1st, as the result of a calculation of the average salary of a middle or 
secondary school teacher in the State, as appropriate, divided by the EPS per-pupil 
rate as defined in section 15672 for a middle or secondary school class multiplied by 
the average number of classes taught by a middle or secondary school teacher in the 
State. 
B. The essential programs and services per-pupil allocation of funds that follow a 
student enrolled in a virtual public charter school must provide additional support for 
the following per-pupil costs calculated by the department pursuant to chapter 606-B: 
(1) Supplies and equipment; 
(2) Professional development; 
(3) Instructional leadership support; 
(4) System administration; 
(5) Operations and maintenance; 
(6) Student assessment for prekindergarten to grade 8 or for grades 9 to 12; 
(7) Economically disadvantaged students in prekindergarten to grade 8 or grades 
to 12; 
COMMITTEE AMENDMENT 
c. 
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COMMITTEE AMENDMENT "A "to H.P. 1189, LD. 1617 
(8) Limited English proficiency students in prekindergarten to grade 8 or grades 
to 12; 
(9) Technology resources for prekindergarten to grade 8 or grades 9 to 12; 
(10) Gifted and talented education; and 
(11) Special education. 
3. Course enrollment. Each authorized virtual public charter school shall submit 
information to the department on the: 
A. Initial student course enrollment at the start of the school year; and 
B. Student course enrollment and ongoing student attendance for each course at the 
beginning and at the end of each grading period. 
4. Payment of funds. Upon verification by the department of the course enrollment 
information submitted by the virtual public charter school in accordance with subsection 
and the virtual public charter school's student count in accordance with section 6004, 
the department shall allocate the applicable unit cost as determined in subsection 2, 
paragraph A, plus the additional support for applicable per-pupil costs as detennined in 
subsection 2, paragraph B. The virtual public charter school must receive 50% of the 
allocation upon verification by the department of the virtual public charter school's 
student count on October 1 st; and the virtual public charter school must receive the 
remaining 50% of the allocation upon verification by the department of the virtual public 
charter school's student count on April 1 st. 
Sec. 3. 20-A MRSA §19157 is enacted to read: 
§19157. Funding for full-time, online learning program 
1. Definitions. As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings. 
A. "Full-time, online learning program" means an online learning program, except 
that the online learning courses offered by the full-time, online learning program 
must be taught by certified teachers and delivered primarily electronically using the 
Internet or other computer-based methods. 
B. "Grading period" means the time between the initiation of a credit-bearing course 
and the submission of a final grade for the credit-bearing course. 
C. "Operations and maintenance" means the costs necessary to support a student 
enrolled in a full-time, online learning program established by a school administrative 
unit under this chapter. Such costs may include Internet access and network 
infrastructure, office space, technology support and marketing. 
D. 
"Student course enrollment and ongoing student attendance" means student 
course enrollment and ongoing attendance in a full-time, online learning program as 
documented by the student's teacher employed by the online learning provider and 
verified by the school administrative unit that establishes the full-time, online 
learning program. 
COMMITTEE AMENDMENT 
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c. 
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COMMITTEE AMENDMENT 'A "to H.P. 1189, L.D. 1617 
2. Revenue provisions. For a full-time, online learning program, funds that follow a 
student enrolled in the program from the school administrative unit of the student's 
residence are determined on a unit cost basis with additional funds allowed as described 
in this subsection. 
A. The unit cost must be determined by the department on an annual basis starting no 
later than April 1 st, as the result of a calculation of the average salary of a middle or 
secondary school teacher in the State, as appropriate, divided by the EPS per-pupil 
rate as defined in section 15672 for a middle or secondary school class multiplied by 
the average number of classes taught by a secondary or middle school teacher in the 
State. 
B. The essential programs and services per-pupil allocation of funds that follow a 
student enrolled in a full-time, online learning program must provide additional 
support for the following per-pupil costs calculated by the department pursuant to 
chapter 606-B: 
(1) Supplies and equipment; 
(2) Professional development; 
(3) Instructional leadership support; 
(4) System administration; 
(5) Operations and maintenance; 
(6) Student assessment for prekindergarten to grade 8 or for grades 9 to 12; 
(7) Economically disadvantaged students in prekindergarten to grade 8 or grades 
to 12; 
(8) Limited English proficiency students in prekindergarten to grade 8 or grades 
to 12; 
(9) Technology resources for prekindergarten to grade 8 or grades 9 to 12; 
(10) Gifted and talented education; and 
(11) Special education. 
3. 
Course enrollment. 
Each full-time, online learning program shall submit 
information to the department on the: 
A. Initial student course enrollment at the start ofthe school year; and 
B. Student course enrollment and ongoing student attendance for each course at the 
beginning and at the end of each grading period. 
4. Payment of funds. Upon verification by the department of the course enrollment 
information submitted in accordance with subsection 3 and the student count in 
accordance with section 6004, the department shall allocate the applicable unit cost as 
determined in subsection 2, paragraph A, plus the additional support for applicable per-
pupil costs as determined in subsection 2, paragraph B. The school administrative unit 
that establishes the full-time, online learning program must receive 50% of the allocation 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "(1,, to H.P. 1189, L.D. 1617 
upon verification by the department of the full-time, online learning program's student 
count on October 1st; and the school administrative unit must receive the remaining 50% 
of the allocation upon verification by the department of the full-time, online learning 
program's student count on April 1st. 
Sec. 4. Appropriations and allocations. The following appropriations and 
allocations are made. 
EDUCA nON, DEPARTMENT OF 
General Purpose Aid for Local Schools 0308 
Initiative: Provides funds for one Management Analyst II position and related All Other 
costs associated with implementing and administering a method to provide funding for 
students enrolled in a virtual public charter school or online learning program established 
by a school administrative unit. 
GENERAL FUND 
POSITIONS - LEGISLATIVE COUNT 
Personal Services 
All Other 
GENERAL FUND TOTAL 
SUMMARY 
2013-14 
2014-15 
0.000 
1.000 
$0 
$67,000 
$0 
$23,000 
$0 
$90,000 
This amendment, which is the majority report of the Joint Standing Committee on 
Education and Cultural Affairs, replaces the bill to establish provisions in the Maine 
Revised Statutes, Title 20-A, chapter 112 related to funding for students enrolled in a 
virtual public charter school and to establish provisions in Title 20-A, chapter 802 related 
to funding for students enrolled in a full-time, online learning program established by a 
school administrative unit. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 04/01114 
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LD 1617 
LR 2605(02) 
An Act To Amend the Laws Governing the Approval Process for and the Operation of Virtual Public 
Charter Schools in the State 
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Fiscal Note for Bill as Amended by Committee Amendment A, (H -79&) 
Committee: Education and Cultural Affairs 
Net Cost (Savings) 
General Fund 
Appropriations/ Alloca tions 
General Fund 
Fiscal Detail and Notes 
Fiscal Note Required: Yes 
Fiscal Note 
FY 2013-14 
FY 2014-15 
$0 
$90,000 
$0 
$90,000 
Projections 
FY 2015-16 
$79,746 
$79,746 
Projections 
FY 2016-17 
$83,583 
$83,583 
This bill includes a General Fund appropriations of $90,000 in fiscal year 2014-15 to the General Purpose Aid for 
Local Schools program within the Department of Education for one Management Analyst II position and related all 
other costs to implement and administer the funding methodology required in this legislation for students enrolled in a 
virtual public charter school or an online learning program established by a school administrative unit. 
The impact that the funding methodology provided in this legislation will have on the amount of funding a school 
administrative unit in which a student resides will be required to pay to support the costs of that student enrolling in a 
virtual public charter school, and whether or not that funding amount will be higher or lower than what is currently 
required, can not be determined at this time. 
LR2605(02) - Fiscal Note - Page 1 of 1