Maine Revised Statutes Title 20-A Sec. 2414 – Facilities
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1. Facilities; property. A public charter school may acquire facilities and property in accordance with this subsection.
A. A public charter school has a right of first refusal to purchase or lease at or below fair market value a closed noncharter public school facility or property or unused portions of a noncharter public school facility or property located in a school administrative unit from which it draws its students if the school administrative unit decides to sell or lease the noncharter public school facility or property. The school administrative unit may not require purchase or lease payments that exceed the fair market value of the property. [PL 2011, c. 414, §5 (NEW).]
B. A public charter school may negotiate and contract with a school administrative unit, the governing body of a state college or university or public community college or any other public or for-profit or nonprofit private entity for the use of a school building. [PL 2011, c. 414, §5 (NEW).]
C. Library, community service, museum, performing arts, theater, cinema, church, community college, college and university facilities may provide space to public charter schools within their facilities under their preexisting zoning and land use designations. [PL 2011, c. 414, §5 (NEW).]
D. A public charter school may purchase or lease at or below fair market value part or all of any surplus or unused state-owned facility or property located in the State. The state agency in control of the facility may not require purchase or lease payments that exceed the fair market value of the property. [PL 2011, c. 414, §5 (NEW).]
E. The same zoning rules that apply to other noncharter public schools apply to public charter schools. [PL 2011, c. 414, §5 (NEW).]
[PL 2011, c. 414, §5 (NEW).]
Terms Used In Maine Revised Statutes Title 20-A Sec. 2414
- Contract: A legal written agreement that becomes binding when signed.
- Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Municipality: includes cities, towns and plantations, except that "municipality" does not include plantations in Title 10, chapter 110, subchapter IV; or Title 30?A, Part 2. See Maine Revised Statutes Title 1 Sec. 72
- Noncharter public school: means a public school other than a school formed pursuant to this chapter. See Maine Revised Statutes Title 20-A Sec. 2401
- Public charter school: means a public school formed pursuant to this chapter that:
A. See Maine Revised Statutes Title 20-A Sec. 2401Public school: means a school that is governed by a school board of a school administrative unit and funded primarily with public funds. See Maine Revised Statutes Title 20-A Sec. 1 School administrative unit: means the state-approved unit of school administration and includes a municipal school unit, school administrative district, community school district, regional school unit or any other municipal or quasi-municipal corporation responsible for operating or constructing public schools, except that it does not include a career and technical education region. See Maine Revised Statutes Title 20-A Sec. 1
2. Inspection; building code. The municipality in which a facility of a public charter school is located is the agency that has jurisdiction for the purposes of inspection of the facility and issuance of a certificate of occupancy for the facility. If the facility is located in an unorganized area of the State, the county has jurisdiction for those purposes. A facility of a public charter school is subject to the same building codes, regulations and fees that apply to other noncharter public schools.
[PL 2011, c. 414, §5 (NEW).]
3. Taxes. A facility, or portion thereof, used to house a public charter school is exempt from property taxes.
[PL 2011, c. 414, §5 (NEW).]
SECTION HISTORY
PL 2011, c. 414, §5 (NEW).