An Act To Ensure the Success of Maine Students
Emergency preamble. Whereas, acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, research conducted by Stanford University found that charter schools underperform their public school counterparts across the United States; and
Whereas, since the Essential Programs and Services Funding Act was enacted in 2003, the State has failed to provide the required 55% state share of the total cost of funding public education from kindergarten to grade 12; and
Whereas, based on the requirements enacted in 2003, the State has underfunded the required 55% state share of the total cost of funding public education from kindergarten to grade 12 by $105,274,104 in fiscal year 2009-10, by $138,421,478 in fiscal year 2010-11, by $291,292,056 in fiscal year 2011-12 and by a projected $298,823,793 in fiscal year 2012-13; and
Whereas, the State Board of Education has found that more than 61 existing kindergarten to grade 12 school facilities in Maine have serious health, safety or other deficiencies that require renovation, repair or remediation that would cost $1,656,714,364 in order for the public schools to be deemed to be safe and conducive to learning; and
Whereas, this legislation needs to take effect immediately in order to begin addressing these deficiencies; 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-§10 is enacted to read:
(1) The research on public charter schools in the United States clearly and incontrovertibly demonstrates that public charter schools reliably improve education for students in a sustainable manner without increasing the cost to the statewide public education system and with no adverse effect on those students who are unable to attend a public charter school;
(2) The existing public charter schools in this State have improved education for students in a sustainable manner without increasing the cost to the statewide public education system and with no adverse effect on those students who are unable to attend a public charter school;
(3) There is a clear and demonstrable need for additional public charter schools in the State; and
(4) The existing kindergarten to grade 12 public school facilities in the State are entirely safe and conducive to learning.
The state board shall annually review the conditions that must be met in order to repeal the moratorium on the authorization of public charter schools set forth in this subsection. Beginning in 2014, the state board shall submit an annual report on the findings of its review to the joint standing committee of the Legislature having jurisdiction over education and cultural affairs. The report must be submitted no later than December 1st for each year in which the conditions established for repealing the moratorium on public charter schools have not been met. Upon receipt of a report from the state board that finds that the conditions established in this subsection for repealing the moratorium on public charter schools have been met, the joint standing committee of the Legislature having jurisdiction over education and cultural affairs may report out a bill to the next regular session of the Legislature related to the repeal of this subsection.
Emergency clause. In view of the emergency cited in the preamble, this legislation takes effect when approved.
SUMMARY
This bill establishes a moratorium on the authorization of new public charter schools until all of the following conditions are met:
1. The State provides at least 55% of the total cost of funding public education from kindergarten to grade 12 as defined by the Essential Programs and Services Funding Act; and
2. The State Board of Education finds that: