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Maine Lawmakers Consider Charter School Changes, Including Proposed Moratorium

Courtesy: Baxter Academy

AUGUSTA, Maine - Maine lawmakers are looking at a number of possible changes to the way charter schools are run in the state, including a proposed moratorium. A legislative committee today heard testimony on five different bills.

Charter schools are independent, but publicly funded, and were approved in Maine nearly 4 years ago. There are currently six charter schools in operation, including one so-called "virtual academy," where students learn largely from home and get their lessons online.

The Maine Charter School Commission approved a second one in November.  But now, lawmakers are taking up a proposal that would put it on hold.

LD 696 - An Act To Establish a Moratorium on the Establishment of Virtual Charter Schools - would prevent any more of these online academies from opening their doors until the Legislature passes a law expressly authorizing their operation.

Bill sponsor Mick Devin - a Democratic representative from Newcastle - is not convinced that these online schools are the best use of taxpayer dollars.

"We need to know that virtual schools work for Maine students," Devin said. "When someone graduates from a virtual school, there are certain benchmarks they should have achieved: They should have the basic knowledge of a Maine high school graduate, the critical thinking skills to use that knowledge, and the ability to participate in society functionally."

Devin cites a national study from the National Education Policy Center that finds more than 70 percent of virtual public schools were rated "academically unacceptable."

Among the bill's opponents is Shelley Reed, chair of the Maine Charter School Commission. She says it's unfair to compare that national study with the situation in Maine - where, so far, only one virtual school is operating.

"Some of the schools that are cited in that report have 10,000 students," Reed said. "Our virtual schools will never be that large. In five years, they'll perhaps be up to 390 students."

A proposal from Democratic state Sen. Chris Johnson, of Somerville, aims to prevent overpayment for virtual education. Virtual schools, he says, do not have the same expenses as their "bricks-and-mortar" counterparts, so should not receive the same financial support. LD 306 requires the Department of Education to come up with a new funding model by June 1.

"When you pay someone for something that's not provided, it's considered fraud, and while I fully understand that fraud is not anyone's intent, I also understand that we're not fulfilling our responsibility to taxpayers by perpetuating this falsehood and waste while other schools remain underfunded," Johnson said.

But Roger Brainerd, executive director of the Maine Association for Charter Schools, opposes the bill. He says virtual schools need to be funded the same as other schools to be fair to their students.

"Funding levels affect the breadth, depth, quality and quantity of both virtual and brick-and-mortar educational programs," Brainerd said, "and each student in Maine should have equal access to the funds allocated for their education."

Funding concerns are also at the heart of LD 218 -  An Act To Support Fair Financing in Charter Schools and School Administrative Units.  Republican Rep. John Pichiotti, of Fairfield, says the aim is to ensure that any money that a school district pays to a charter school in the form of a per-pupil allocation is returned to the school system if the child leaves the charter school and returns to the local public classroom. "So all this bill does is say, 'The money follows the child.' "
 

Some at the hearing, however, pointed out that this bill may be prove unnecessary if another proposal - one that would see charter schools get their funding directly from the state rather than the school district - becomes law.
 
The final piece of charter school legislation put before the state's Education and Cultural Affairs Committee was LD 1250 - an Act to Reform Public Charter Schools. The bill was put forward at the request of prominent charter school advocate John Jaques.

Jaques founded Portland's first charter school, Baxter Academy, back in 2011, before being ousted by the school's board and becoming involved in a legal dispute. He says the goal of this law is to increase transparency, accountability and oversight of Maine's charter schools. "This bill is a good moderate proposal. The intent is to strengthen current law."

Among the bill's proposals: an annual audit of all public charter schools and a requirement for all school contracts to be made publicly available. This bill was opposed by the Maine Charter School Commission, which argues that current law already provides this level of transparency.