An Act To Ensure the Success of Maine Students
Maine Legislature, Session 126, LD 1481
Committee: Education and Cultural Affairs
Sponsors: BERRY, DAUGHTRY, EVES, KUSIAK, RANKIN, SOCTOMAH, JOHNSON
Amends: 20-A MRSA §2405

Legislative Document 
No. 1481 
H.P. 1062 
House of Representatives, April 30, 2013 
An Act To Ensure the Success of Maine Students 
(EMERGENCY) 
Reference to the Committee on Education and Cultural Affairs suggested and ordered 
printed. 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative BERRY of Bowdoinham. 
Cosponsored by Representatives: DAUGHTRY of Brunswick, Speaker EVES of North 
Berwick, KUSIAK of Fairfield, MacDONALD of Boothbay, RANKIN of Hiram, 
SOCTOMAH of the Passamaquoddy Tribe, Senator: JOHNSON of Lincoln. 
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, research conducted by Stanford University found that charter schools 
underperform their public school counterparts across the United States; and 
Whereas, since the Essential Programs and Services Funding Act was enacted in 
2003, the State has failed to provide the required 55% state share of the total cost of 
funding public education from kindergarten to grade 12; and 
Whereas, based on the requirements enacted in 2003, the State has underfunded the 
required 55% state share of the total cost of funding public education from kindergarten 
to grade 12 by $105,274,104 in fiscal year 2009-10, by $138,421,478 in fiscal year 2010-
11, by $291,292,056 in fiscal year 2011-12 and by a projected $298,823,793 in fiscal year 
2012-13; and 
Whereas, the State Board of Education has found that more than 61 existing 
kindergarten to grade 12 school facilities in Maine have serious health, safety or other 
deficiencies that require renovation, repair or remediation that would cost $1,656,714,364 
in order for the public schools to be deemed to be safe and conducive to learning; and  
Whereas, this legislation needs to take effect immediately in order to begin 
addressing these deficiencies; 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 §2405, sub-§10 is enacted to read: 
10.  Moratorium on authorization of public charter schools.  Notwithstanding any 
other provision of this chapter, the commission, a local school board or a collaborative 
among local school boards may not authorize a public charter school under the provisions 
of this chapter until this subsection is repealed.   This subsection may not be repealed 
until all of the following conditions are met: 
A.  The State provides the required 55% state share of the total cost of funding public 
education from kindergarten to grade 12 as set forth in section 15671, subsection 1; 
and 
B.  The state board finds that: 
(1)  The research on public charter schools in the United States clearly and 
incontrovertibly demonstrates that public charter schools reliably improve 
education for students in a sustainable manner without increasing the cost to the 
statewide public education system and with no adverse effect on those students 
who are unable to attend a public charter school; 
(2)  The existing public charter schools in this State have improved education for 
students in a sustainable manner without increasing the cost to the statewide 
public education system and with no adverse effect on those students who are 
unable to attend a public charter school;  
(3)  There is a clear and demonstrable need for additional public charter schools 
in the State; and 
(4)  The existing kindergarten to grade 12 public school facilities in the State are 
entirely safe and conducive to learning. 
The state board shall annually review the conditions that must be met in order to repeal 
the moratorium on the authorization of public charter schools set forth in this subsection.  
Beginning in 2014, the state board shall submit an annual report on the findings of its 
review to the joint standing committee of the Legislature having jurisdiction over 
education and cultural affairs.  The report must be submitted no later than December 1st 
for each year in which the conditions established for repealing the moratorium on public 
charter schools have not been met.  Upon receipt of a report from the state board that 
finds that the conditions established in this subsection for repealing the moratorium on 
public charter schools have been met, the joint standing committee of the Legislature 
having jurisdiction over education and cultural affairs may report out a bill to the next 
regular session of the Legislature related to the repeal of this subsection. 
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
SUMMARY 
This bill establishes a moratorium on the authorization of new public charter schools 
until all of the following conditions are met: 
1.  The State provides at least 55% of the total cost of funding public education from 
kindergarten to grade 12 as defined by the Essential Programs and Services Funding Act; 
and 
2.  The State Board of Education finds that: 
A.  The research on public charter schools in the United States clearly and 
incontrovertibly demonstrates that public charter schools reliably improve education 
for students in a sustainable manner without increasing the cost to the statewide 
public education system and with no adverse effect on those students who are unable 
to attend a public charter school; 
B.  The existing public charter schools in Maine have improved education for 
students in a sustainable manner without increasing the cost to the statewide public 
education system and with no adverse effect on those students who are unable to 
attend a public charter school; 
C.  There is a clear and demonstrable need for additional public charter schools in 
Maine; and 
D.  The existing kindergarten to grade 12 public school facilities in Maine are entirely 
safe and conducive to learning.