An Act to Create the Empowerment Scholarship Account Program
Maine Legislature, Session 131, LD 1838
Committee: Education and Cultural Affairs
Sponsors: SWALLOW, LIBBY

Legislative Document
No. 1838
H.P. 1170
House of Representatives, April 27, 2023
An Act to Create the Empowerment Scholarship Account Program
Reference to the Committee on Education and Cultural Affairs suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative SWALLOW of Houlton.
Cosponsored by Senator: LIBBY of Cumberland.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  20-A MRSA c. 613 is enacted to read:
CHAPTER 613
EMPOWERMENT SCHOLARSHIP ACCOUNTS
§17201.  Definitions
As used in this chapter, unless the context otherwise indicates, the following terms 
have the following meanings.
1.  Eligible student.  "Eligible student" means a resident of this State who is eligible 
to enroll in an elementary or secondary public school.
2.  Empowerment scholarship account.  "Empowerment scholarship account" means 
an account established under this chapter.
3.  Participating student.  "Participating student" means an eligible student who is 
participating in the program.
4.  Program.  "Program" means the Empowerment Scholarship Account Program 
established under section 17202.
§17202.  Empowerment Scholarship Account Program
1.  Establishment of program.  The department shall establish the Empowerment 
Scholarship Account Program to create empowerment scholarship accounts to which 
money is deposited by the department as described in subsection 3.
2.  Use of empowerment scholarship accounts.  A parent or legal guardian of a 
participating student may withdraw money from an empowerment scholarship account to 
pay for education expenses to educate the participating student as provided by this 
subsection. A parent or legal guardian of a participating student must agree to use the funds 
deposited in the student's empowerment scholarship account only for tuition and fees at a 
private school.
Money in an empowerment scholarship account may not be refunded or rebated to or shared 
with a parent or legal guardian of a participating student or a participating student. A refund 
or rebate for goods or services purchased with money from an empowerment scholarship 
account must be credited directly to that empowerment scholarship account.
3.  Deposits into empowerment scholarship accounts.  The department shall deposit 
into an empowerment scholarship account an amount equal to 50% of the average amount 
spent by the State on public school students in the previous school year.
Money deposited in an empowerment scholarship account does not constitute taxable 
income for the parent or legal guardian of the participating student or the participating 
student for the purposes of State income taxes.
§17203.  Application for program
1.  Application.  A parent or legal guardian of an eligible student may apply to the 
department to establish an empowerment scholarship account for the eligible student.  The 
department shall accept applications year round and shall establish procedures for 
approving applications in a timely manner.
2.  Approval.  The department shall approve an application for an empowerment 
scholarship account if:
A.  The parent or legal guardian of an eligible student submits an application for an 
empowerment scholarship account in accordance with application procedures 
established by the department; and
B.  The application is for an empowerment scholarship account to be created for an 
eligible student.
§17204.  Rules
The department shall adopt rules to implement this chapter. Rules adopted pursuant to 
this paragraph are major substantive rules as defined in Title 5, chapter 375, subchapter 
2‑A.
Sec. 2.  Eligibility.  A student who is enrolled in a private school on the effective 
date of this Act is not eligible to participate in the Empowerment Scholarship Account 
Program created under the Maine Revised Statutes, Title 20-A, chapter 613 until the 
2025-2026 school year.
SUMMARY
This bill establishes a program in the Department of Education to create empowerment 
scholarship accounts for participating students to be funded by the State and used to pay 
expenses for private school.