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Focus on Education

Our Community
Originally published in Compass, September 1, 2011
Charter schools: what they mean for us

by Jessica Brophy

On June 29 of this year, Governor Paul LePage signed into law a bill allowing charter schools in Maine for the first time. Under the new law, up to 10 charter schools can be created in Maine over the next 10 years. Charter schools are funded by public money but are not subject to the same constraints as public schools.

According to a press release from the governor’s office, charter schools can implement “innovative governance structures,” have flexible schedules, offer evening or weekend classes, “orient instruction toward a particular style of learning” and hire teachers who do not have state certification.

The “charter” in charter schools refers to a contract that is developed by those who wish to operate a charter school. The contract outlines how the school will work, its focus, and its expected outcome; should a charter school deviate from that document, or fail to achieve its stated goal, its charter could be revoked and the school dissolved.

Roger Brainerd, principal of the Blue Hill Harbor School and director of the Maine Association for Charter Schools, called the law “excellent” with “prescriptive, well-established standards.”

The Blue Hill Harbor School is a private school, but it was designed with the possibility of charter school status in mind. Already, it is allowed to accept tuition students from those towns without high schools, like Brooksville or Penobscot. This, says Brainerd, means the school is well-positioned for a transition to a charter school.

Brainerd worked in public education for many years, and found that state and federal regulations and rules made change challenging.

“It’s very difficult, if not impossible, to change the basic culture of our schools,” said Brainerd. “There are too many constraints on public schools. Charter schools offer a framework to protect innovation while also protecting the public.”

For instance, the Blue Hill Harbor School is moving to a year-round school calendar, to “take advantage of teaching in every season” said Brainerd. Staff and faculty contracts and other regulatory hurdles would make this near impossible at public schools.

Not everyone has positive feelings about the charter school legislation. A charter school in the area would mean that any student could choose to enroll, and the per pupil tax dollars from that student’s town would then go with that student to the charter school.

For Union 93 Superintendent Mark Hurvitt, this is a problem. “I think charter schools create a parallel system that competes against the existing structure,” he said. “If the charter school movement is meant to remove regulations [for its schools], why not remove those regulations for everyone?”

State senator and retired teacher Brian Langley, R-District 28, sponsored LD 1488, “An Act to Create Innovative Public School Zones and Innovative Public School Districts,” which allows some latitude regarding regulations. The goal of the legislation, which has passed, is to allow public schools with plans for innovative changes to apply to bend or break some state regulations.

“When I was teaching, it was always one of those things that if we could do this or that differently,” said Langley. “But there were always hoops to jump through.”

There are still certain “hoops” that must be met, continued Langley, but schools or districts could apply for waivers to specific regulations. “For instance, if a school is working with a college, and those teachers have Ph.D.s but not state certification, they can apply for a waiver,” explained Langley.

Langley says his legislation is meant to “level the playing field” between charter schools and public schools. “It isn’t a cookie-cutter law or one-size-fits-all,” he continued.

Maine House Representative Walter Kumiega, D-Deer Isle, supported Langley’s legislation, but chose to vote against the charter school bill, saying, “I’m kind of leery of taking funding from local schools.”

Brainerd understands unease about money leaving school districts, but says, “Philosophically I believe the money allocated by towns to pay for the education of students should follow the students. And if for some reason there is an exodus from a school, the school should take a look and see what they’re missing.”

The board of directors at the Blue Hill Harbor School has not yet made a decision on whether to pursue charter school status, said Brainerd. If they do, the process is likely to take at least a year, as the state has yet to develop the foundational rules and groundwork for the application process.

One of the primary challenges for the school would be its small physical size; at 16 students last year, and 13 this year, the school’s small space is already filled to capacity. The transition to a larger space may coincide with a transition to charter school status, according to Brainerd.

The Blue Hill Harbor School may not be the only area school interested in charter school status; the Castine school board discussed the option at last month’s school board meeting (see the August 25 issue of Castine Patriot).

“There will be a rush,” said Brainerd. “There’s a pent-up demand in the state and there are 30 to 50 different groups interested. By law, there’s a cap of 10 schools in 10 years.”

That cap is what relieves Kumiega in terms of the impact of charter schools on public schools. “It’s a very limited bill,” said Kumiega. “I think most of the charter schools will end up in urban areas where there are more students.”


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