An Act To Require Local Voter Approval for Charter Schools
Maine Legislature, Session 126, LD 1056
Committee: Education and Cultural Affairs
Sponsors: CHENETTE, DAUGHTRY, EVANGELOS, KORNFIELD, SOCTOMAH, VALENTINO
Amends: 20-A MRSA §2401, 20-A MRSA §2405

Legislative Document 
No. 1056 
H.P. 749 
House of Representatives, March 19, 2013 
An Act To Require Local Voter Approval for Charter Schools 
Reference to the Committee on Education and Cultural Affairs suggested and ordered 
printed. 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative CHENETTE of Saco. 
Cosponsored by Representatives: DAUGHTRY of Brunswick, EVANGELOS of Friendship, 
KORNFIELD of Bangor, MacDONALD of Old Orchard Beach, SOCTOMAH of the 
Passamaquoddy Tribe, Senator: VALENTINO of York. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  20-A MRSA §2401, sub-§2, as enacted by PL 2011, c. 414, §5, is 
amended to read: 
2.  Authorizer.  "Authorizer" means an entity empowered under this chapter to 
review applications, decide whether to approve or reject applications, enter into charter 
contracts with applicants, oversee and monitor public charter schools and decide whether 
to renew, not renew or revoke charter contracts.  "Authorizer" includes the commission, 
except that any approval of an application of a public charter school by the commission is 
subject to voter approval in accordance with section 2405, subsection 8, paragraph E. 
Sec. 2.  20-A MRSA §2405, sub-§1, ¶B, as enacted by PL 2011, c. 414, §5, is 
amended to read: 
B.  The commission under subsection 8, subject to voter approval in accordance with 
subsection 8, paragraph E; and 
Sec. 3.  20-A MRSA §2405, sub-§2, ¶B, as enacted by PL 2011, c. 414, §5, is 
amended to read: 
B.  Approve applications that meet identified educational needs, except that in the 
case of the commission, approval is subject to voter approval in accordance with 
subsection 8, paragraph E; 
Sec. 4.  20-A MRSA §2405, sub-§8, ¶B, as amended by PL 2011, c. 570, §7, is 
further amended to read: 
B.  The commission shall adopt rules for the organization and operation of the 
commission and to develop, implement and refine its procedures for authorizing 
public charter schools in this State, including procedures for obtaining voter approval 
of a preliminary application approval by the commission pursuant to paragraph E.  
Rules adopted by the commission pursuant to this paragraph before June 30, 2014 are 
routine technical rules pursuant to Title 5, chapter 375, subchapter 2-A.  Beginning 
June 30, 2014, rules adopted by the commission pursuant to this paragraph are major 
substantive rules pursuant to Title 5, chapter 375, subchapter 2-A. 
Sec. 5.  20-A MRSA §2405, sub-§8, ¶E is enacted to read: 
E.  Notwithstanding any other provision of law, an approval of a public charter 
school application by the commission under subsection 2, paragraph B is a 
preliminary authorization and does not take effect unless submitted to and approved 
by the voters in an areawide referendum that includes the entire community proposed 
to be served by the public charter school, including all municipalities in which the 
public charter school would be authorized to engage in student recruitment.  The 
commission shall notify the municipal officers of each affected municipality of its 
preliminary authorization of the public charter school.  At the next annual statewide 
election held in November or June, the municipal officers shall place a warrant article 
substantially as follows on the ballot of a municipal referendum conducted in 
accordance with the referendum procedures applicable to the school administrative 
unit of which the municipality is a member. 
"Article: Do you favor approving the preliminary authorization of the Maine 
Charter School Commission to allow the public charter school known as (insert 
name of proposed public charter school) to be established and to draw students 
from (insert name of municipality)? 
Yes No" 
The municipal officers of each affected municipality shall report the results of the 
referendum to the commission following the referendum election.  If the preliminary 
authorization by the commission is approved by a majority of votes cast in each 
municipality, the preliminary authorization is approved and the commission's 
approval of the application takes effect.  If the preliminary authorization by the 
commission is not approved by a majority of votes cast in each municipality, the 
preliminary authorization is not approved and the application is rejected. 
Sec. 6.  Application.  The provisions of this Act apply to the approval of a public 
charter school application by the Maine Charter School Commission after the effective 
date of this Act.  Approvals of public charter schools by the Maine Charter School 
Commission on or before the effective date of this Act are not affected by the provisions 
of this Act. 
SUMMARY 
This bill requires that any approval of an application to establish a public charter 
school by the Maine Charter School Commission after the effective date of this 
legislation does not take effect unless submitted to and approved by the voters in an 
areawide referendum that includes the entire community proposed to be served by the 
public charter school, including all municipalities in which the public charter school 
would be authorized to engage in student recruitment.