An Act To Amend Provisions Regarding the Appointment of Members of the Maine Charter School Commission
Maine Legislature, Session 127, LD 0536
Committee: Education and Cultural Affairs
Sponsors: DAUGHTRY, BROOKS, HUBBELL, KORNFIELD, MAKER, PIERCE, POULIOT, STEARNS
Amends: 20-A MRSA §2405

Legislative Document 
No. 536 
H.P. 360 
House of Representatives, February 26, 2015 
An Act To Amend Provisions Regarding the Appointment of 
Members of the Maine Charter School Commission 
Reference to the Committee on Education and Cultural Affairs suggested and ordered 
printed. 
ROBERT B. HUNT 
Clerk 
Presented by Representative DAUGHTRY of Brunswick. 
Cosponsored by Representatives: BROOKS of Lewiston, HUBBELL of Bar Harbor, 
KORNFIELD of Bangor, MAKER of Calais, McCLELLAN of Raymond, PIERCE of 
Falmouth, POULIOT of Augusta, STEARNS of Guilford. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  20-A MRSA §2405, sub-§8, ¶A, as amended by PL 2013, c. 368, Pt. 
JJJJ, §2, is further amended to read: 
A.  The commission consists of 7 members appointed by the state board who serve 
for 3-year terms.  The commission shall elect a chair and such other officers as may 
be necessary to conduct its business.  Four members constitute a quorum. 
(1)  Three members are appointed by the state board and must be members of the 
state board, and those 3 members shall nominate the other 4 members who must 
be approved by a majority vote of the state board for appointment to the 
commission by the Governor.  Each appointment by the Governor is subject to 
review by the joint standing committee of the Legislature having jurisdiction over 
education matters and to confirmation by the Senate. 
(2)  Members appointed to the commission must have diverse professional 
experience in education, social services, youth training, business startup and 
administration, accounting and finance, strategic planning and nonprofit 
governance.  The following provisions apply to the appointment of the 4 other 
members nominated and appointed by state board members pursuant to 
subparagraph (1): When nominating the other 4 members of the commission 
pursuant to subparagraph (1), the members who are appointed by the state board 
shall give proper consideration to candidates with experience in a noncharter 
public school in the State in one of the following positions: school board 
member, superintendent, teacher and special education director. 
(a) In appointing members to the commission, the state board shall give 
proper consideration to candidates with experience in a noncharter public 
school in the State in one of the following positions:  school board member, 
superintendent, teacher and special education director; 
(b) The state board shall ensure that the joint standing committee of the 
Legislature having jurisdiction over education matters has an opportunity to 
meet and interview the candidate or candidates nominated for the 
commission; 
(c) Within 10 days of meeting with the candidate or candidates, the joint 
standing committee of the Legislature having jurisdiction over education 
matters shall deliver to the state board its written appraisal of the strengths 
and weaknesses of the candidate or candidates; and 
(d) The state board shall consider the appraisal of the joint standing 
committee of the Legislature having jurisdiction over education matters prior 
to appointing a candidate or candidates to the commission. 
(3)  A commission member may not serve more than 3 consecutive terms, but 
may serve again after not serving on the commission for at least one term. 
(4)  A commission member may receive an amount equal to the legislative per 
diem and be reimbursed for expenses. 
(5)  A commission member who is a member of the state board serves on the 
commission only during that person's membership on the state board.  Upon 
expiration of that person's state board membership, the position on the 
commission becomes vacant and must be filled in the manner provided for filling 
vacancies.  The term of a member who is approved by the state board and 
reviewed by the joint standing committee of the Legislature having jurisdiction 
over education matters not a member of the state board ends on June 30th of the 
final year of the member's term. 
(6)  A vacancy on the commission must be filled in the same manner as the 
position in which the vacancy occurs is regularly filled, including, if applicable, a 
review by the joint standing committee of the Legislature having jurisdiction over 
education matters.  A vacancy is filled for the remainder of the unexpired term.  
If the person serves more than 1 1/2 years of an unexpired term, that service 
counts as one term for purposes of the limitation set forth in subparagraph (3). 
(7)  A member of the commission may be removed for failure to perform the 
duties of office, as specified in commission rules, by a majority vote of the state 
board. 
Sec. 2.  Transition from appointment of 4 members by state board to 
appointment by the Governor.  Notwithstanding the Maine Revised Statutes, Title 
20-A, section 2405, subsection 8, beginning January 1, 2016, members of the Maine 
Charter School Commission serving on the effective date of this Act continue to serve 
until the completion of their terms.  Their successors are appointed as provided in Title 
20-A, section 2405, subsection 8, paragraph A. 
SUMMARY 
This bill amends the provisions that apply to the appointment of the 4 members of the 
Maine Charter School Commission, who are currently nominated and appointed by the 3 
members of the State Board of Education subject only to review by the joint standing 
committee of the Legislature having jurisdiction over education matters and majority vote 
of the state board, to provide instead for nomination by the 3 members of the state board 
for appointment by the Governor, subject to review by the joint standing committee of the 
Legislature having jurisdiction over education matters and confirmation by the Senate.