An Act To Limit the Number of Students and Prevent the Addition of Grade Levels at Virtual Public Charter Schools
Maine Legislature, Session 129, LD 0513
Committee: Education and Cultural Affairs
Sponsors: BRENNAN, SANBORN, BABBIDGE, DODGE, FARNSWORTH, FECTEAU, PIERCE, MILLETT
Amends: 20-A MRSA §2404, 20-A MRSA §2408

Legislative Document
No. 513
H.P. 370
House of Representatives, January 31, 2019
An Act To Limit the Number of Students and Prevent the Addition 
of Grade Levels at Virtual Public Charter Schools
Reference to the Committee on Education and Cultural Affairs suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative BRENNAN of Portland.
Cosponsored by Senator SANBORN, L. of Cumberland and
Representatives: BABBIDGE of Kennebunk, DODGE of Belfast, FARNSWORTH of 
Portland, FECTEAU of Biddeford, McCREA of Fort Fairfield, McCREIGHT of Harpswell, 
PIERCE of Falmouth, Senator: MILLETT of Cumberland.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  20-A MRSA §2404, sub-§4 is enacted to read:
4.  Maximum virtual public charter school enrollment.  The total enrollment at all 
virtual public charter schools authorized by the commission may not exceed the total 
enrollment at all virtual public charter schools authorized by the commission at the end of 
the 2018-2019 school year.
Sec. 2.  20-A MRSA §2408, sub-§2, as enacted by PL 2011, c. 414, §5, is 
amended to read:
2.  Virtual public charter schools.  The charter contract of a virtual public charter 
school must require the governing board to:
A.  Provide each student enrolled in the virtual public charter school with online 
courses that meet or exceed state standards and all instructional materials required for 
the student's participation in the school;
B.  Ensure that the persons who operate the virtual public charter school on a day-to-
day basis comply with and carry out all applicable requirements, statutes, regulations, 
rules and policies of the school;
C.  Ensure that a parent of each student verifies the number of hours of educational 
activities completed by the student each school year; and
D.  Adopt a plan by which the governing board provides:
(1)  Frequent, ongoing monitoring to ensure and verify that each student is 
participating in the virtual public charter school, including synchronous contact 
between teachers and students and between teachers and parents to ensure and 
verify student participation and learning;
(2)  Regular instructional opportunities in real time that are directly related to the 
virtual public charter school's curricular objectives, including, but not limited to, 
meetings with teachers and educational field trips and outings;
(3)  Verification of ongoing student attendance in the virtual public charter 
school;
(4)  Verification of ongoing student progress and performance in each course as 
documented by ongoing assessments and examples of student course work; and
(5)  Administration to all students in a proctored setting of all applicable 
assessments as required by the State.
Nothing in this subsection prohibits a virtual public charter school from reimbursing 
families of enrolled students for costs associated with their Internet connection for use in 
the program.
Only students enrolled in a virtual public charter school as full-time students may be 
reported in the virtual public charter school's average pupil count to the department for 
the purposes of receiving local, state and federal funds.
A virtual public charter school authorized by the commission may not expand to serve a 
grade level not included in the school's initial charter contract or, for a school whose 
charter was renewed prior to November 1, 2019, the renewed charter contract.
SUMMARY
This bill limits total enrollment at all virtual public charter schools authorized by the 
commission to the total enrollment at the end of the 2018-2019 school year.  It also 
prohibits a virtual public charter school authorized by the commission from expanding to 
serve a grade level not included in the school's initial charter contract or, for a school 
whose charter was renewed prior to November 1, 2019, the renewed charter contract.