An Act To Provide for Gubernatorial Appointments to the Maine Charter School Commission (AFTER DEADLINE)
Maine Legislature, Session 129, LD 1638
Committee: Education and Cultural Affairs
Sponsors: CHENETTE, CARSON, MILLETT
Amends: 20-A MRSA §2405

Legislative Document
No. 1638
S.P. 527
In Senate, April 25, 2019
An Act To Provide for Gubernatorial Appointments to the Maine 
Charter School Commission
(AFTER DEADLINE)
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
205.
Reference to the Committee on Education and Cultural Affairs suggested and ordered 
printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator CHENETTE of York.
Cosponsored by Senators: CARSON of Cumberland, MILLETT of Cumberland.
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 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 must be members of the state board, appointed by the state 
board for 3-year terms, and those 3 members shall nominate the other 4 members 
who must be approved by a majority vote of the state board are appointed by the 
Governor for 4-year terms.
(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): In appointing members to the commission, the Governor 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 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.  Maine Charter School Commission membership; staggered terms.  
A member of the Maine Charter School Commission serving on the effective date of this 
Act who is a member of the State Board of Education may continue to serve until that 
member's term has expired.  The terms of members of the Maine Charter School 
Commission serving on the effective date of this Act who are not members of the State 
Board of Education end on the effective date of this Act.  Notwithstanding the Maine 
Revised Statutes, Title 20-A, section 2405, subsection 8, paragraph A, of the initial 
gubernatorial appointments to the Maine Charter School Commission, 2 must be for 
terms of 4 years and 2 must be for terms of 2 years. 
SUMMARY
This bill changes the appointing authority for 4 members of the Maine Charter School 
Commission from the State Board of Education to the Governor and increases the terms 
of those members from 3 years to 4 years.