An Act To Provide for Greater Public Input and Local Control in the Chartering of Public Schools
Maine Legislature, Session 126, LD 1128
Committee: Education and Cultural Affairs
Sponsors: ALFOND, McCABE, BOYLE, JOHNSON, LACHOWICZ, MILLETT, DAUGHTRY
Amends: 20-A MRSA §2407

Legislative Document 
No. 1128 
S.P. 389 
In Senate, March 21, 2013 
An Act To Provide for Greater Public Input and Local Control in 
the Chartering of Public Schools 
Reference to the Committee on Education and Cultural Affairs suggested and ordered 
printed. 
DAREK M. GRANT 
Secretary of the Senate 
Presented by President ALFOND of Cumberland. 
Cosponsored by Representative McCABE of Skowhegan and 
Senators: BOYLE of Cumberland, JOHNSON of Lincoln, LACHOWICZ of Kennebec, 
MILLETT of Cumberland, Representatives: DAUGHTRY of Brunswick, MacDONALD of 
Boothbay. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  20-A MRSA §2407, sub-§3-A is enacted to read: 
3-A.  Application to commission.  The commission may not accept an application 
for a public charter school unless the following requirements are met by the organizers of 
the proposed public charter school.  The organizers shall: 
A.  Hold at least 3 public hearings in the catchment area that would be affected by the 
operation of the public charter school and at each public hearing present the 
organizers' proposed plan for the public charter school to persons attending the public 
hearing; 
B.  Provide the persons who attend a public hearing with the best estimates possible 
related to the impact of the proposed plan on funding, student enrollment, courses and 
teachers in both the noncharter public schools and the proposed public charter school; 
C.  Announce to the persons who attend a public hearing that they have the right to 
provide the commission with their opinions and concerns about the proposed plan to 
operate a public charter school in the catchment area in which they reside; 
D.  Accept public comment from the persons who attend a public hearing regarding 
their opinions and concerns about the proposed plan to operate a public charter school 
in the catchment area in which they reside; 
E.  Hold a vote on the following question:  "Do you favor the organizers' proposed 
plan to operate a public charter school in the region in which you reside?"; and 
F.  Provide the commission with an objective summary of the public comments 
presented at each public hearing, the discussions that occurred between the organizers 
and the persons who attended the public hearings and the result of the vote held in 
accordance with paragraph E. 
The commission may accept an application for a public charter school only if the 
organizers of the proposed public charter school meet each of the requirements set forth 
in this subsection and the majority of the persons that attended the public hearings held 
pursuant to this subsection voted in favor of the proposed plan to operate a public charter 
school in the catchment area. 
Sec. 2.  Review of funding laws for public charter schools; report.  The 
Commissioner of Education shall review the requirements in the Maine Revised Statutes, 
Title 20-A, chapter 112 and the Department of Education Rule Chapter 140 related to the 
funding methods established to support the operations of public charter schools in the 
State and shall submit, by January 10, 2014, a report to the Joint Standing Committee on 
Education and Cultural Affairs that includes proposed legislation to amend the laws 
governing the funding of public charter schools.  The proposed legislation submitted by 
the commissioner to the joint standing committee must include options for funding public 
charter schools, including, but not limited to: 
1.  Establishing a new budgetary program account in the Department of Education 
that appropriates the necessary General Fund funds required to pay for public charter 
schools; and 
2.  Establishing a new adjustment to the state share of the total allocation for the 
General Purpose Aid for Local Schools account under the Maine Revised Statutes, Title 
20-A, section 15689 or authorizing a new miscellaneous cost under Title 20-A, section 
15689-A that provides state funding of the costs of public charter schools in a manner 
that results in all municipalities sharing the costs of public charter schools rather than the 
burden of those costs being borne by the school administrative units in which students 
who are enrolled in public charter schools reside.  
The joint standing committee is authorized to introduce a bill related to the report to 
the Second Regular Session of the 126th Legislature. 
SUMMARY 
This bill requires that any person, group or organization, prior to filing an application 
for a public charter school with the Maine Charter School Commission, must hold at least 
public hearings in the region that would be affected by the operation of the public 
charter school.  The organizers must also meet the following requirements: 
1.  Provide the public with the best estimates possible regarding the impact on 
funding, student enrollment, courses and teachers in both the public schools and the 
proposed public charter school; 
2.  Announce to the persons who attend a public hearing that they have the right to 
provide the Maine Charter School Commission with their opinions and concerns about 
the proposed plan to operate a public charter school in the region in which they reside; 
3.  Hold a vote to determine if the persons who attend a public hearing are in favor of 
the organizers' proposed plan to operate a public charter school in the region in which the 
persons reside; and 
4.  Provide the Maine Charter School Commission with an objective summary of the 
public comments presented at each public hearing, the discussions that occurred between 
organizers and the persons who attended the public hearings and the result of the vote 
held at the public hearings. 
The bill provides that the Maine Charter School Commission may accept an 
application for a public charter school only if the organizers of the proposed public 
charter school meet each of the requirements and if the majority of the persons that 
attended the public hearings held by the organizers voted in favor of the proposed plan to 
operate a public charter school in the region. 
Finally, the bill requires the Commissioner of Education to review the current 
funding laws and rules for public charter schools and to submit proposed legislation that 
provides options for funding public charter schools, including but not limited to 
establishing a new General Fund program account to pay for public charter schools and 
establishing an adjustment to the state share of the total allocation or authorizing a 
miscellaneous cost for the General Purpose Aid for Local Schools program as set forth in 
the Maine Revised Statutes, Title 20-A, chapter 606-B so that the State allocates funds for 
operating public charter schools in a manner that results in all municipalities sharing the 
costs of public charter schools.