LD 131 (subjects: EDUCATIONAL OPTIONS , CHARTER SCHOOLS )
Official bill page at mainelegislature.org: http://www.mainelegislature.org/legis/bills/display_ps.asp?ld=131&PID=1456&snum=127
|1/22/2015||House||Committee on Education and Cultural Affairs suggested and ordered printed.
The Bill was REFERRED to the Committee on EDUCATION AND CULTURAL AFFAIRS.
Sent for concurrence. ORDERED SENT FORTHWITH.
|1/29/2015||Senate||On motion by Senator EDGECOMB of Aroostook REFERRED to the Committee on Education and Cultural Affairs, in concurrence.|
|4/7/2015||House||CONSENT CALENDAR – FIRST DAY
|4/9/2015||House||Committee on Bills in the Second Reading Reports no further verbal amendments necessary Representative McLEAN of Gorham, Chair, House of Representatives Report Accepted.
CONSENT CALENDAR – SECOND DAY.
The Bill was PASSED TO BE ENGROSSED as Amended by Committee Amendment “A” (H-38).
Sent for concurrence. ORDERED SENT FORTHWITH.
|4/14/2015||Senate||Report READ and ACCEPTED, in concurrence.
Committee Amendment “A” (H-38) READ and ADOPTED , in concurrence.
ASSIGNED FOR SECOND READING NEXT LEGISLATIVE DAY.
|4/16/2015||Senate||COMMITTEE ON BILLS IN THE SECOND READING REPORTS NO FURTHER VERBAL AMENDMENTS NECESSARY, Senator Saviello, Senate Chair. REPORT ACCEPTED.
READ A SECOND TIME and PASSED TO BE ENGROSSED AS AMENDED BY Committee Amendment “A” (H-38), in concurrence.
Ordered sent down forthwith.
|4/23/2015||House||PASSED TO BE ENACTED.
Sent for concurrence. ORDERED SENT FORTHWITH.
|4/28/2015||Senate||On motion by Senator MASON of Androscoggin PLACED ON THE SPECIAL APPROPRIATIONS TABLE pending ENACTMENT – Emergency -2/3 Elected Required , in concurrence.|
|5/5/2015||Senate||On Motion by Senator HAMPER of Oxford taken from the SPECIAL APPROPRIATIONS TABLE. PASSED TO BE ENACTED – Emergency -2/3 Elected Required , in concurrence.|
Important Note: The bill text below presents L.D. 131 as originally introduced. L.D. 131 was changed by the legislature through amendment. To understand the impact of this legislation in proper context, be sure to read adopted amendment text, available here: C-A (H-38) .
An Act To Amend the Laws Related to Public Funding of Charter Schools
Emergency preamble. Whereas, acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, implementation of Maine’s recently enacted charter school law has resulted in substantial budgetary challenges for certain school administrative units that are located within the catchment areas of public charter schools recently approved by the Maine Charter School Commission; and
Whereas, these challenges demonstrate the need for more timely and transparent funding provisions enacted as part of the education statutes related to public charter schools authorized and approved by the Maine Charter School Commission; and
Whereas, the funding mechanism proposed by this Act must be initiated as soon as possible in order to enable school boards to make practicable budgetary decisions that will not be constrained by funding reductions that result from students enrolling in public charter schools after school administrative units have approved their budgets for the 2015-2016 school year; and
Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,
Sec. 1. 20-A MRSA 2405, sub- 4, as amended by PL 2011, c. 570, 5 and 6, is further amended to read:
(1) Approved, but not yet open;
(6) Closed; or
(7) Never opened;
Sec. 2. 20-A MRSA 2407, sub- 5, C, as amended by PL 2013, c. 272, 1, is further amended to read:
Sec. 3. 20-A MRSA 2411, sub- 7, as enacted by PL 2011, c. 414, 5, is amended to read:
Sec. 4. 20-A MRSA 2413, sub- 3 is enacted to read:
Sec. 5. 20-A MRSA 2413-A is enacted to read:
2413-A. Funding for public charter schools authorized by the commission
Beginning with fiscal year 2015-16, this section applies to public charter schools authorized by the commission.
(1) The total allocation must be calculated pursuant to section 15683-B, based on the student’s grade level and adjusted as appropriate for economically disadvantaged students and limited English proficiency students pursuant to section 15675, subsections 1 and 2. Debt service and capital outlays may not be included in the calculation of these allocations. The department shall adopt rules governing how to calculate per-pupil allocations, including those for targeted funds for assessment, technology and kindergarten to grade 2 programs.
(2) For students attending public charter schools, the payments for public charter schools must be made pursuant to section 15683-B, subsection 6.
(3) For transportation expenses, the transportation operating allocation must be the statewide per-pupil essential programs and services transportation operating allocation multiplied by pupil counts under section 15683-B, subsection 2, paragraph A multiplied by the percentage established by the commission for the public charter school but not to exceed 100%.
(4) The department shall pay to the public charter school any additional allocation assigned to the public charter school for gifted and talented students pursuant to section 15681-A, subsection 5 in the year in which the allocation is assigned.
(1) For each enrolled special education pupil, a public charter school must receive the average additional allocation calculated by the department under section 15681-A, subsection 2 for its special education students. These allocations must be paid on the same basis as the per-pupil allocations for operating funds.
(2) The department shall pay directly to the public charter school any federal or state aid attributable to a student with a disability attending the public charter school in proportion to the level of services for the student with a disability that the public charter school provides directly or indirectly.
(3) The department shall pay to the public charter school any additional allocation assigned to the public charter school because of a high-cost in-district special education placement in accordance with section 15681-A, subsection 2, paragraph B in the year in which the allocation is assigned as an adjustment to the public charter school’s state contribution.
(4) The department shall pay to the public charter school any additional allocation assigned to the school administrative unit because of a high-cost out-of-district special education placement in accordance with section 15681-A, subsection 2, paragraph C in the year in which the allocation is assigned.
Sec. 6. 20-A MRSA 15683-B is enacted to read:
15683-B. Public charter schools; calculation of total allocation and state contribution
Beginning with fiscal year 2015-16, this section applies to public charter schools authorized by the Maine Charter School Commission in accordance with the funding provisions established in section 2413-A.
The operating allocation calculated pursuant to this subsection must be adjusted by multiplying it by the appropriate transition percentage in accordance with section 15671, subsection 7.
A public charter school does not pay for its students to attend career and technical education programs and therefore is not entitled to career and technical education funding. The school administrative unit in which the public charter school student resides must pay the cost of attendance for the student at a career and technical education program.
Sec. 7. 20-A MRSA 15689-B, sub- 2-A is enacted to read:
Sec. 8. 20-A MRSA 15689-C, sub- 2, A, as enacted by PL 2005, c. 2, Pt. D, 61 and affected by 72 and 74 and c. 12, Pt. WW, 18, is amended to read:
Sec. 9. 20-A MRSA 15689-D, as amended by PL 2013, c. 368, Pt. C, 18, is further amended to read:
15689-D. Governor’s recommendation for funding levels
Sec. 10. 20-A MRSA 15689-E, sub- 1, B, as amended by PL 2013, c. 368, Pt. C, 19, is further amended to read:
Sec. 11. Reports to the Legislature. Beginning on the effective date of this section and until one year after the effective date of this section, a virtual public charter school shall also submit to the Legislature each report that the virtual public charter school is required to submit to the Commissioner of Education or to the Department of Education.
Sec. 12. Moratorium on operations of virtual public charter schools. Notwithstanding the Maine Revised Statutes, Title 20-A, chapter 112 or any other law to the contrary, the Maine Charter School Commission may not approve, authorize or execute a contract for a virtual public charter school during the period between the effective date of this section and one year following the effective date of this section. Nothing in this section may be construed to limit the operation of a virtual public charter school that, prior to the effective date of this section, was approved or authorized by the Maine Charter School Commission or that executed a contract with the Maine Charter School Commission.
Sec. 13. Review. The Maine Charter School Commission shall review the requirements of the Maine Revised Statutes, Title 20-A, chapter 112 and the virtual public charter school models that have been implemented in other states and shall develop a model for virtual public charter schools that will best serve the academic and developmental needs of students in the State. The Maine Charter School Commission shall submit a report on the review of virtual public charter schools to the joint standing committee of the Legislature having jurisdiction over education and cultural affairs no later than December 3, 2015. The report must include the commission’s findings and recommendations and any necessary implementing legislation regarding the authorization and operation of virtual public charter schools in the State. The committee is authorized to report out a bill to the Second Regular Session of the 127th Legislature related to the recommendations included in this report.
Emergency clause. In view of the emergency cited in the preamble, this legislation takes effect when approved.
This bill establishes provisions to fund public charter schools that are authorized by the Maine Charter School Commission beginning in fiscal year 2015-16.
1. The bill establishes provisions that calculate the total allocation of funds to be provided under general purpose aid for local schools for public charter schools that are authorized by the Maine Charter School Commission and establishes that the Commissioner of Education must adjust the operating allocation calculated for public charter schools by multiplying the operating allocation by the appropriate transition percentage in accordance with the Maine Revised Statutes, Title 20-A, section 15671, subsection 7.
2. It also provides that, beginning in fiscal year 2015-16, the Commissioner of Education’s recommendations to the Governor and the Department of Administrative and Financial Services for funding levels under the Essential Programs and Services Funding Act must include funding level computations for the total operating allocation of funds to public charter schools authorized by the commission in accordance with the provisions of this legislation.
3. It establishes a moratorium on the approval of, authorization of and execution of contracts for virtual public charter schools by the commission, and it provides that the moratorium applies to the period between the effective date of this legislation and one year following the effective date of this legislation.
4. It requires the commission to review the virtual public charter school models in other states and to submit a report to the joint standing committee of the Legislature having jurisdiction over education and cultural affairs that recommends a model for virtual public charter schools that will best serve the academic and developmental needs of Maine students.
5. It requires that virtual public charter schools and authorizers include the Legislature among the recipients of certain of their reports.
Pattern of Cosponsorship by Region:
Pattern of Cosponsorship by Gender:
Pattern of Cosponsorship by Party:
Pattern of Cosponsorship by Campaign Finance Classification:
Note: Maine Clean Elections Act (MCEA) Qualified candidates only accept a small dollar value of initial contributions early in their campaigns, pledge not to accept further campaign contributions from private sources, and receive public funding for their campaigns. MCEA Non-Qualified candidates choose not to obtain public funding and instead are free to accept campaign contributions from individuals, party committees, political action committees and business sources.
In The News…
Recent news stories featuring LD 131:
- Kennebec Journal: Proposed SAD 59 budget is down from this yearâ€™s
- Portland Press Herald: State appears ready to start paying tuition bills at Maine charter schools
- Kennebec Journal: Local districts anticipate changes to Maineâ€™s charter school funding
This information about LD 131 was last updated on 2016-05-12.
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