An Act To Ensure That Charter Schools Are Funded by the State
Maine Legislature, Session 126, LD 1346
Committee: Education and Cultural Affairs
Sponsors: CAMPBELL, LACHOWICZ, BEAVERS, CAREY, GILBERT, HAMANN, MASTRACCIO, RANKIN, PATRICK
Amends: 20-A MRSA §2405, 20-A MRSA §2412

Legislative Document 
No. 1346 
H.P. 964 
House of Representatives, April 9, 2013 
An Act To Ensure That Charter Schools Are Funded by the State 
Reference to the Committee on Education and Cultural Affairs suggested and ordered 
printed. 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative CAMPBELL of Newfield. 
Cosponsored by Senator LACHOWICZ of Kennebec and 
Representatives: BEAVERS of South Berwick, CAREY of Lewiston, GILBERT of Jay, 
HAMANN of South Portland, MacDONALD of Boothbay, MASTRACCIO of Sanford, 
RANKIN of Hiram, Senator: PATRICK of Oxford. 
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 provisions of this chapter, the commission, a local school board or a collaborative 
of local school boards may not authorize a public charter school under the provisions of 
this chapter and any public charter school that has not commenced operations on the 
effective date of this subsection may not commence operations until this subsection is 
repealed.  This subsection may not be repealed until the State provides the required 55% 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. 
Sec. 2.  20-A MRSA §2412, sub-§6, ¶C, as amended by PL 2011, c. 570, §16, is 
further amended to read: 
C.  Teachers at a public charter school authorized by the commission may choose to 
bargain collectively in accordance with this paragraph. 
(1)  Teachers who are employees of the public charter school have the same 
rights as other teachers in public education to organize and bargain collectively.  
Bargaining units at the public charter school must be separate from other 
bargaining units, such as a district bargaining unit.  Staff at noncharter public 
schools converting to public charter schools have a right to employment benefits 
as stated in applicable collective bargaining agreements or they may vote to be 
represented in alternative ways. 
(3)  Teachers who are employees of the public charter school may not be required 
to be members of any an existing collective bargaining agreement between a 
school administrative unit and its employees.  A public charter school may not 
interfere with civil service laws or other applicable rules protecting the rights of 
employees to organize and be free from discrimination. 
Sec. 3.  20-A MRSA §2412, sub-§6, ¶D is enacted to read: 
D.  Teachers at a public charter school authorized by a local school board or a 
collaborative of local school boards may choose to bargain collectively in accordance 
with this paragraph. 
(1)  Teachers who are employees of a start-up public charter school have the 
same rights as other teachers in public education to organize and bargain 
collectively. 
(2)  Teachers who are employees of a noncharter public school converting to a 
public charter school remain public employees for all purposes, unless a majority 
of teachers vote to be represented in alternative ways. 
(3)  Teachers who are employees of a start-up public charter school or a 
noncharter public school converting to a public charter school may collectively 
bargain as a separate bargaining unit or as part of an existing school 
administrative unit collective bargaining unit as determined by a majority of the 
teachers employed by the start-up public charter school or noncharter public 
school converting to a public charter school. 
SUMMARY 
This bill establishes a moratorium on the authorization of new public charter schools 
until the State provides at least 55% of the total cost of funding public education from 
kindergarten to grade 12 as set out in the Essential Programs and Services Funding Act. 
The bill amends the current collective bargaining provisions in the public charter 
school laws to clarify that teachers employed by a public charter school authorized by the 
Maine Charter School Commission retain the choice of whether or not to establish a 
collective bargaining unit and whether or not to become a member of a collective 
bargaining unit established for the public charter school. 
The bill also provides that teachers employed by a public charter school authorized 
by a local school board or a collaborative of local school boards may choose to bargain 
collectively as follows. 
1.  Teachers who are employees of a start-up public charter school have the same 
rights as other teachers in public education to organize and bargain collectively. 
2.  Teachers who are employees of a noncharter public school converting to a public 
charter school remain public employees for all purposes, unless a majority of teachers 
employed by the conversion public charter school vote to be represented in alternative 
ways. 
3.  Teachers who are employees of a start-up public charter school or a noncharter 
public school converting to a public charter school may collectively bargain as a separate 
bargaining unit or as part of an existing school administrative unit collective bargaining 
unit as determined by a majority of the teachers employed by the start-up public charter 
school or noncharter public school converting to a public charter school.