An Act To Amend the Laws Governing the Approval Process for and the Operation of Virtual Public Charter Schools in the State
Maine Legislature, Session 126, LD 1617
Committee: Education and Cultural Affairs
Sponsors: MacDONALD, JOHNSON, CHENETTE, DEVIN, GRANT, HUBBELL, KORNFIELD, MASTRACCIO, NADEAU, SCHNECK
Amends: 20-A MRSA §2401, 20-A MRSA §2405, 20-A MRSA §2416

Legislative Document 
No. 1617 
H.P. 1189 
House of Representatives, December 30, 2013 
An Act To Amend the Laws Governing the Approval Process for 
and the Operation of Virtual Public Charter Schools in the State 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203. 
Received by the Clerk of the House on December 23, 2013.  Referred to the Committee on 
Education and Cultural Affairs pursuant to Joint Rule 308.2 and ordered printed pursuant to 
Joint Rule 401. 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative MacDONALD of Boothbay. 
Cosponsored by Senator JOHNSON of Lincoln and 
Representatives: CHENETTE of Saco, DEVIN of Newcastle, GRANT of Gardiner, 
HUBBELL of Bar Harbor, KORNFIELD of Bangor, MASTRACCIO of Sanford, NADEAU of 
Winslow, SCHNECK of Bangor. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  20-A MRSA §2401, sub-§§1-A and 8-A are enacted to read: 
1-A.  Assessment center.  "Assessment center" means a private for-profit, nonprofit 
or public facility that provides administration of multiple standardized examinations. 
8-A.  Proctored environment.  "Proctored environment" means a student assessment 
location that ensures the integrity of students' work by having the work supervised by a 
certified teacher or an instructor from a postsecondary educational institution. "Proctored 
environment" includes: 
A.  An assessment center; 
B.  A postsecondary educational institution, such as a community college or 
university, in this State; or 
C.  An elementary or secondary school. 
Sec. 2.  20-A MRSA §2405, sub-§8, ¶D, as enacted by PL 2011, c. 414, §5, is 
amended to read: 
D.  The commission is the sole authorizer in this State for virtual public charter 
schools, except that a local school board may authorize a public charter school within 
its jurisdiction that integrates online and on-site instruction.  A virtual public charter 
school must be approved by the Legislature before it may operate. 
Sec. 3.  20-A MRSA §2416 is enacted to read: 
§2416.  Virtual public charter schools 
1.  Accreditation.  The following provisions govern accreditation of a virtual public 
charter school. 
A.  A virtual public charter school must be accredited by an organization approved by 
the department based on a demonstration that the organization’s accreditation process 
is rigorous and aligned with state policy. An organization that is approved by the 
department to accredit virtual public charter schools shall report annually to the 
department on any changes to its accreditation process. The department shall 
annually reapprove or remove the approval of the organization after due 
consideration of any concerns or complaints arising during the year. 
B.  The department may prohibit the use of a particular accreditation organization for 
a specific virtual public charter school upon a showing of: 
(1)  A conflict of interest; 
(2)  Previous, persistent quality concerns; or 
(3)  Other good cause. 
2.  Approval of virtual public charter schools.  The commission shall evaluate an 
application for a virtual public charter school. The criteria for evaluation of an application 
must be determined by the department. The criteria must include, but are not limited to, 
the following. 
A.  The applicant must: 
(1)  Be a nonprofit entity that is incorporated and has an administrative office in 
this State; 
(2)  If contracting with other entities, contract with those entities for no more than 
30% of the school budget; 
(3)  Be nonsectarian in its programs, admissions, employment practices and 
operations; 
(4)  Contract only with other entities that are also nonsectarian in their programs, 
admissions, employment practices and operations; 
(5)  Comply with all state and federal antidiscrimination laws, rules and 
regulations; 
(6)  Provide accommodations and services as required by the federal Individuals 
with Disabilities Education Act, 20 United States Code, Section 1400 et seq. to 
meet the needs of students with special needs; 
(7)  Provide accommodations and services as required by the federal Equal 
Educational Opportunities Act of 1974, 20 United States Code, Sections 1701 to 
1758 to meet the needs of students who are English learners; 
(8)  Provide its services without charging tuition, student registration fees or 
other fees; 
(9)  Demonstrate that all members of the instructional staff are educators certified 
to teach in this State; and 
(10)  Ensure that no instructional or grading functions are outsourced to persons 
or companies outside the United States. 
B.  The applicant must provide for review and public inspection: 
(1)  Its mission, vision and goals; 
(2)  Its organizational structure and governance, including its governing board 
and school policies and procedures; 
(3)  A detailed curriculum plan, including a description of how the content of 
courses meets state requirements; 
(4)  A technology utilization and training plan for students and faculty; 
(5)  A plan for providing access to and training on library and digital media for 
all students and staff; 
(6)  A detailed assessment plan, including: 
(a)  Management of student records; 
(b)  Data analysis and reporting; and 
(c)  How the school will meet the requirements in subsection 8; 
(7)  Its student admissions policies; 
(8)  Its policies for the verification of student attendance; 
(9)  Its human resources management policies; 
(10)  Its marketing plan; 
(11)  Its communication plan for parents, including how the school will provide 
for language accessibility for nonnative speakers; and 
(12)  A detailed financial plan for each year of probationary operation as set forth 
in subsection 3. Based on estimated enrollment trends, the financial plan must 
specify projected revenues and expenses. The plan also must specify all financial 
controls that will safeguard the received public funds. 
3.  Approved and probationary status.  The following provisions govern approved 
and probationary status of virtual public charter schools. 
A.  A virtual public charter school approved to operate in this State must be classified 
as either a probationary or approved provider. A new provider, including a provider 
that has been previously approved in the State, must be classified as probationary. 
The probationary period lasts for 3 years. Upon approval by the commission in the 
3rd year, the provider must be considered an approved provider. The approved 
provider must be issued a 2-year, renewable contract. The approved provider is 
subject to biennial reviews by the commission and biennial independent financial 
audits as specified in subsection 6. An approved provider shall continue to submit the 
annual performance report as provided in subsection 4 and the annual operations 
report as provided in subsection 5. 
B.  If the commission determines in consideration of the reports provided for in this 
section and any other relevant information that an approved provider under paragraph 
A does not meet the performance or operations goals, the provider must be placed 
back into probationary status and again complete a 3-year probationary period. If, at 
the end of this probationary period, the provider has met the performance and 
operations goals as determined by the commission, the provider must be returned to 
approved provider status. If, at the end of this 3-year probationary period, the 
provider has not met the performance or operations goals as determined by the 
commission, the provider may not provide services to students in this State and the 
charter or contract with the nonprofit entity must be terminated and that nonprofit 
entity may not submit an application for a virtual public charter school for 3 years. 
C.  Nothing in this subsection may be interpreted to limit the ability of the 
commission or the Legislature to terminate the charter or contract of a provider at any 
time for a showing of just cause. 
4.  Annual performance report.  The following provisions govern the annual 
performance report for a virtual public charter school. 
A.  The governing board of a virtual public charter school shall annually submit to 
the commission and the joint standing committee of the Legislature having 
jurisdiction over education matters a complete and detailed performance report 
setting forth: 
(1)  The student achievement levels and growth that the school demonstrates on 
all academic standards, as measured by the system of learning results established 
in chapter 222; 
(2)  Average student daily attendance, as measured by participation in the 
instructional program; 
(3)  Graduation rates, as applicable; 
(4)  Enrollment of students with special needs and students who are English 
language learners; 
(5)  Academic activities and programs designed to serve diverse students; 
(6)  The academic and disciplinary policies in effect for the previous year, 
including a copy of the student handbook; 
(7)  All student disciplinary incidents and punishments, aggregated by each 
student, and the response of the school to each, including all incidents of cheating 
or plagiarism, as described in subsection 8; 
(8)  The use of specific learning management and delivery tools; 
(9)  The teacher evaluation plan in effect; 
(10)  The name and certification status of each member of the instructional staff, 
including the member's state of residence; and 
(11)  The name and state of residence of each noncertified person employed by 
the virtual public charter school, including any persons involved in the 
assessment of student work. 
B.  A virtual public charter school shall comply with all reporting and data 
submission requirements required of other public schools. 
C.  With the exception of the disciplinary data in paragraph A, subparagraph 7, the 
annual performance report is a public record and must be made available to the 
public. 
5.  Annual operations report.  The governing board of a virtual public charter 
school shall annually submit to the commission and the joint standing committee of the 
Legislature having jurisdiction over education matters a complete and detailed operations 
report, which is a public record and must be made available to the public, setting forth: 
A.  The accomplishments of the virtual public charter school; 
B.  Efforts made to improve the programs and the delivery of instruction, including 
new technologies examined or implemented; 
C.  The marketing and operational plan for the virtual public charter school, including 
recommendations regarding methods for improving the delivery of education through 
the Internet and other distance learning technologies; 
D.  The financial assets and liabilities of the virtual public charter school at the end of 
the fiscal year; 
E.  The sufficiency of the funding received; 
F.  The purpose, monetary amount and quality assurance mechanisms for all contracts 
with any outside entities totaling over $10,000; and 
G.  Any other information considered by the governing board of the virtual public 
charter school to be relevant to the successful operation of the virtual public charter 
school. 
6.  Independent financial audit.  A virtual public charter school shall submit an 
independent financial audit to the commission and the joint standing committee of the 
Legislature having jurisdiction over education matters. 
A.  An audit under this subsection must: 
(1)  Be conducted and submitted annually for the first 3 years of operation of the 
virtual public charter school within the State; 
(2)  Be conducted and submitted every 2 years thereafter, beginning with the 5th 
year of operation of the virtual public charter school within the State; and 
(3)  Be conducted by an independent certified public accountant in accordance 
with the rules adopted by the Office of the State Auditor.  The audit may not be 
administered by any audit provider who has a conflict of interest. 
B.  An audit under this subsection must include, but is not limited to: 
(1)  A detailed account of all instruction-related revenue and expenses; 
(2)  A detailed account of all instruction-related contracts with outside entities; 
(3)  A detailed account of all noninstruction-related revenue and expenses; 
(4)  A detailed account of all noninstruction-related contracts with outside 
entities; 
(5)  Detailed information on all courses provided in the period under review, 
including: 
(a)  The names of teachers of record and any other instructional personnel; 
(b)  The number of students enrolled; 
(c)  The average daily attendance of each course, as measured by student 
participation in the instructional program; 
(d)  How the school is measuring and keeping accurate records of average 
daily attendance; and 
(e)  The state funding reimbursement generated by each course; 
(6)  The assets and liabilities of the virtual public charter school at the end of the 
fiscal year; 
(7)  A detailed account of all donations, grants and other income received by the 
virtual public charter school and its parent company during the fiscal year; and 
(8)  Any other information on the financial health and welfare of the virtual 
public charter school commonly reported in accordance with the rules adopted by 
the Office of the State Auditor. 
C.  The commission shall use the audits under this subsection from all virtual public 
charter schools in determining the annual funding reimbursement rate for virtual 
public charter schools. 
D.  An audit under this subsection is a public record and must be made available to 
the public. 
7.  Teachers and staff.  The following provisions govern teachers and staff of virtual 
public charter schools. 
A.  A virtual public charter school teacher responsible for student instruction must: 
(1)  Be a certified teacher in this State; 
(2)  Hold a valid teaching certificate in each content area being taught; and 
(3)  Possess documentation of completion of a state-approved program providing 
knowledge and skills in online instruction. 
B.  A virtual public charter school shall: 
(1)  Conduct a national criminal history record check on all employees; 
(2)  Provide all instructional staff with a contract detailing their salaries, benefits 
and 
other 
conditions 
of 
employment 
and 
responsibilities, 
including 
responsibilities regarding online instruction and digital tools; 
(3)  Maintain a confidential personnel record on each employee; 
(4)  Provide annual professional development to all employees, including 
professional development on the use of virtual education technology; 
(5)  Provide an experienced mentor teacher who has online instruction expertise 
for the first year of instruction of all new instructional staff hired by the virtual 
public charter school; and 
(6)  Comply with all other state public teacher and public employment laws. 
C.  A teacher in a virtual public charter school must be: 
(1)  Subject to evaluation as provided in chapter 508; 
(2)  Subject to termination as provided in section 13202; 
(3)  Provided terms and conditions of employment comparable to other public 
school teachers, including, but not limited to, tenure and due process protections, 
leaves of absence, sabbaticals, remuneration and collective bargaining, to the 
extent such employment terms and conditions are not inconsistent with other 
state law; and 
(4)  Provided employee benefits, including health coverage and participation in 
the Maine Public Employees Retirement System as provided in Title 5, Part 20. 
8.  Integrity of student learning and assessment.  A student in a virtual public 
charter school must be held to the same standards prohibiting cheating and plagiarism as 
a student in a traditional classroom environment. A virtual public charter school shall 
ensure: 
A.  That the compulsory attendance requirements in section 5001-A are met by each 
student; 
B.  That, for every credit-bearing course, a student takes at least one examination or 
completes at least one assignment in a proctored environment; 
C.  That a student participating in the statewide assessment program established in 
section 6202 takes the assessment with that student's peers at a school in the school 
administrative unit in which the student resides. A virtual public charter school shall 
notify a school administrative unit regarding the number of participating students 
within that unit's attendance boundaries and the level at which the students are to be 
assessed no later than October 1st. A school administrative unit shall ensure that a 
student at a virtual public charter school is permitted to take the assessment with that 
student's peers; 
D.  That, for every credit-bearing course, a student is provided multiple opportunities 
for synchronous learning with that student's teacher in which that student is required 
to participate and share that student's knowledge; 
E.  That each student is provided with a policy prohibiting cheating and plagiarism 
for each course; 
F.  That each student is provided instruction on avoiding cheating and plagiarism 
prior to enrolling in a course in each academic year; and 
G.  That each instance of identified cheating or plagiarism is disciplined in 
accordance with appropriate due process procedures and reported to the commission 
in accordance with subsection 4. 
9.  Rules.  The department shall amend its rules governing public charter schools to 
establish standards for virtual public charter schools pursuant to this section. Rules 
adopted pursuant to this subsection are major substantive rules as described in Title 5, 
chapter 375, subchapter 2-A. The rules must include, but are not limited to, the 
establishment of standards in the following areas: 
A.  Concerning students: 
(1)  Internet security; 
(2)  Student academic performance and improvement; 
(3)  Monitoring and assessment of student academic performance and 
improvement; 
(4)  Course completion measurements; 
(5)  Attendance tracking procedures; 
(6)  Student discipline procedures, including policies regarding expulsion and 
suspension; 
(7)  Data analysis, management and reporting; 
(8)  Guidance counseling; 
(9)  Participation guidelines for extracurricular activities; 
(10)  Engagement of parents and communities in online programs; 
(11)  Provisions for students with special needs, including gifted and talented 
students and English language learners; and 
(12)  Training in how to use both the hardware and software associated with the 
online program; 
B.  Concerning teachers: 
(1)  The required amount of teacher participation in the instructional program for 
each course; 
(2)  The qualifications of mentor teachers, as described in subsection 7, paragraph 
B, subparagraph (5); 
(3)  The required elements of a program in online instruction necessary to 
become a teacher, as described in subsection 7, paragraph A, subparagraph (3); 
(4)  The required amount of professional development in technology-based 
instructional design required yearly; 
(5)  The elements of an alternative certification program for previously certified 
teachers in other states, territories of the United States or the District of 
Columbia; and 
(6)  The required qualifications of noncertified personnel involved in any 
assessment of student work; 
C.  Concerning programs: 
(1)  An online program’s governance, vision and organization; 
(2)  Standards-based curricula and data-driven instructional practices; 
(3)  Technology capacity and support; 
(4)  Sound financial and accounting practices and resources; 
(5)  Program evaluation and improvement; 
(6)  Details of the annual review process; 
(7)  Approved private or public proctor options; 
(8)  Appeal procedures for probationary status and contract termination 
determinations; and 
(9)  Professional development support mechanisms; and 
D.  Concerning funding the cost of virtual public charter schools: 
(1)  No later than August 1st of each year the department shall develop a method 
for funding based on the cost per unit of instruction provided in each subject area 
to each student. These unit costs may include the following components: 
(a)  Teacher costs, based on the average cost per student to employ a teacher 
in this State, including the cost of professional development; 
(b)  Administrative costs; 
(c)  Costs of facilities; and 
(d)  Capital costs. 
SUMMARY 
This bill makes the following changes to the laws governing virtual public charter 
schools. 
1.  It provides that a virtual public charter school must be approved by the Legislature 
before it may operate. 
2.  It requires a virtual public charter school to be accredited by an organization 
approved by the Department of Education based on a demonstration that the 
organization's accreditation process is rigorous and aligned with state policy. 
3.  It requires the Maine Charter School Commission to evaluate applications for a 
virtual public charter school based on certain criteria. 
4.  It requires the governing board of a virtual public charter school to submit 
annually a performance report, operations report and independent financial audit to the 
Maine Charter School Commission and the joint standing committee of the Legislature 
having jurisdiction over education matters. 
5.  It sets standards for teachers in virtual public charter schools. 
6.  It sets standards to maintain the integrity of student learning and assessment in 
virtual public charter schools. 
7.  It requires the Department of Education to adopt major substantive rules 
governing virtual public charter schools. These rules must include a method for funding 
virtual public charter schools based on the cost per unit of instruction provided in each 
subject area to each student. These unit costs may include teacher costs, based on the 
average cost per student to employ a teacher in this State; administrative costs; costs of 
facilities; and capital costs.