An Act To Expand School Choice for Maine Students
Maine Legislature, Session 126, LD 1529
Committee: Education and Cultural Affairs
Sponsors: MASON, JOHNSON, THIBODEAU, McCLELLAN
Amends: 20-A MRSA §2405, 20-A MRSA §2412, 20-A MRSA §2951, 20-A MRSA §15689-A

Legislative Document 
No. 1529 
S.P. 576 
In Senate, May 9, 2013 
An Act To Expand School Choice for Maine Students 
Reference to the Committee on Education and Cultural Affairs suggested and ordered 
printed. 
DAREK M. GRANT 
Secretary of the Senate 
Presented by Senator MASON of Androscoggin.  (GOVERNOR'S BILL) 
Cosponsored by Representative JOHNSON of Greenville and 
Senator: THIBODEAU of Waldo, Representative: McCLELLAN of Raymond. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  20-A MRSA §2405, sub-§1, as amended by PL 2011, c. 570, §4, is 
further amended to read: 
1.  Eligible authorizers.  The following groups may become authorizers of public 
charter schools: 
A.  A local school board with regard to creating a public charter school within the 
boundaries of the school administrative unit governed by that local school board; 
B.  The commission under subsection 8; and 
C.  A collaborative among local school boards that forms to set up a regional public 
charter school to be located within the area managed and controlled by those local 
school boards.; and 
D.  A private or public institution of higher education in this State authorized to 
confer degrees under section 10704 or 10704-A, which may authorize a public 
charter school at any location within the State.  
Sec. 2.  20-A MRSA §2405, sub-§9, as amended by PL 2011, c. 570, §8, is 
repealed. 
Sec. 3.  20-A MRSA §2412, sub-§2, ¶B, as enacted by PL 2011, c. 414, §5, is 
amended to read: 
B.  In the case of a public charter school authorized by the commission or by an 
institution of higher education: 
(1)  The public charter school functions for all purposes as a local educational 
agency and is a school administrative unit independent of the school 
administrative unit in which the school is located.  School administrative unit 
status does not preclude a public charter school from developing links to local 
school districts for services, resources and programs, by mutual agreement or by 
formal contract; 
(2)  To the extent permitted by federal, state or local laws, the public charter 
school is responsible for meeting the requirements of local educational agencies 
under applicable federal, state and local laws, including those relating to special 
education, receipt of funds and compliance with funding requirements; and 
(3)  To the extent permitted by federal, state or local laws, the public charter 
school has primary responsibility for special education at the school, including 
identification and provision of service, and is responsible for meeting the needs 
of enrolled students with disabilities. 
Sec. 4.  20-A MRSA §2951, sub-§2, as enacted by PL 1981, c. 693, §§5 and 8, is 
repealed. 
Sec. 5.  20-A MRSA §15689-A, sub-§20, as enacted by PL 2011, c. 380, Pt. C, 
§6, is amended to read: 
20.  Choice and opportunity funds.  The commissioner may expend and disburse 
funds for the Center of Excellence for At-risk Students in accordance with the provisions 
of chapter 227. within the limits of the allocation made under this section to expand 
educational options for students who are economically disadvantaged as signified by 
qualification for the National School Lunch Program under 7 Code of Federal 
Regulations, Part 210 (2007).  Funds may be used for, but need not be limited to, the 
following purposes: 
A.  To reimburse the parent of an economically disadvantaged student for some 
portion of the costs of transporting that student when the student has transferred from 
one school administrative unit to another pursuant to section 5205, subsection 6; 
B.  To fund the cost of tuition and transportation for an economically disadvantaged 
student whose parent has chosen to enroll the student in a private school approved for 
the receipt of public funds.  A student who receives funds pursuant to this paragraph 
is considered to be a parentally placed private school student for purposes of 
implementing the federal Individuals with Disabilities Education Act, 20 United 
States Code, Section 1400 et seq., as amended; and 
C.  To fund the cost of residential services for an economically disadvantaged student 
related to attending a public charter school that is beyond a reasonable commuting 
distance from the student’s place of residence. 
SUMMARY 
This bill expands the publicly funded educational choices available to Maine students 
in several ways.  It allows colleges and universities to authorize public charter schools 
and removes the 10-school limit on public charter schools authorized by the Maine 
Charter School Commission.  The bill also allows private sectarian schools to receive 
public funds as long as they comply with standards applicable to other private schools. 
The bill allows funding to be used to enable economically disadvantaged students to 
take advantage of school choice options available under current law.  The funds may be 
used to pay for transportation and tuition for students who transfer to other public or 
private schools and to pay for room and board costs of a student attending a public charter 
school that is beyond a reasonable commuting distance from the student’s home.  
Currently, this funding may be used only for students enrolled in the Maine Academy of 
Natural Sciences, which is designated as the State’s Center of Excellence for At-risk 
Students.