An Act to Establish the Maine Charter School Commission as a
Maine Legislature, Session 132, LD 1718
Committee: Education and Cultural Affairs
Sponsors: RAFFERTY, SARGENT
Amends: 20-A MRSA §2405

Legislative Document
No. 1718
S.P. 671
In Senate, April 17, 2025
An Act to Establish the Maine Charter School Commission as a 
Public Instrumentality of the State
Reference to the Committee on Education and Cultural Affairs suggested and ordered 
printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator RAFFERTY of York.
Cosponsored by Representative SARGENT of York and
Representatives: DODGE of Belfast, MITCHELL of Cumberland.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  20-A MRSA §2405, sub-§8, as amended by PL 2023, c. 183, §1, is further 
amended to read:
8.  Maine Charter School Commission.  The Maine Charter School Commission, 
established under Title 5, section 12004‑G, subsection 10‑D, is and referred to in this 
chapter as "the commission.," is established as a public body corporate and politic and an 
incorporated public instrumentality of the State.  The exercise of powers conferred by this 
subsection is held to be the performance of essential government functions.
A.  The commission consists of 7 members.  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 the other 4 members are appointed by the Governor, 
subject to review by the joint standing committee of the Legislature having 
jurisdiction over education matters and to confirmation by the Senate, 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.  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.
(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.
(6)  A vacancy on the commission must be filled in the same manner as the position 
in which the vacancy occurs is regularly filled.  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.
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.  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.
C.  The commission shall, in keeping with its authorizing responsibilities:
(1)  Engage professional and administrative staff, separate from the department;
(2)  Convene stakeholder groups and engage experts; and
(3)  Seek and receive state, federal and private funds.
D.  The commission is the sole authorizer in this State for virtual public charter schools, 
except that a local school board may authorize a public charter school within its 
jurisdiction that integrates online and on-site instruction.
E.  The commission, or a representative of the commission, shall appear annually in 
January before the joint standing committee of the Legislature having jurisdiction over 
education matters to present the annual report required in subsection 4.  The 
commission's appearance before the joint standing committee of the Legislature having 
jurisdiction over education matters must be in person unless otherwise authorized by 
the committee.
SUMMARY
This bill establishes the Maine Charter School Commission as a public body corporate 
and politic and an incorporated public instrumentality of the State.