HPxxxx, LD xxxx, item xxx, 125th Maine State Legislature
Maine Education Choice Act
also called "Maine School Choice Act"

An Act to Authorize Alternate Education Models and
Invoke the Parental Right of School Choice

Maine Education Choice Act

Genesis: This Act is proposed at a time in history when America has fallen dramatically behind much of the World in education performance; and at a time when Maine lags significantly behind national performance levels. It is also a time when the costs of education as currently practiced have exceeded the ability of most taxpayers to afford.

Objectives*:
1. Increase the number of alternative education models available for educating our children.
2. Assure that all students are afforded the same opportunity for success.
3. To seek out less costly models for education, while simultaneously
4. Improving the educational outcomes of Maine youth compared to the Nation and the World.

Foundation*: This Act is premised on the following beliefs.
1. The best person to determine what is best for a child's education is a well-informed parent(s) of that child.

2. The more involved a parent is in their child's education choices, the more vested will the parent be in their child's outcomes.

3. Not all children learn the same way nor at the same pace as others. To that extent, the State must authorize and enable alternative forms of education from which the parent can choose to best serve the individual learning needs of the child student.

4. The people recognize that a strong educational system serves to attract (or retain) quality individuals and businesses to Maine and can positively impact Maine's economic outlook.

5. The principle role of government in the education process is one of providing the parent with the information and support needed to make informed choices about the education of their child(ren).

6. A secondary role of government is to enable the development of effective options from which the parent can choose.

7. A tertiary function of government is to establish standards of performance which become the goals of the education process regardless of which option(s) the parent chooses.

8. All students shall be afforded the opportunity for success, but not all students are guaranteed the same outcome.

9. Funding for education should follow the child regardless of the education alternative(s) chosen by the parent(s).

10. Schools should compete for education dollars based on qualities of outcomes as determined by parental choice. Municipal boundaries should not be boundaries to the competition among schools.

11. Underprivileged students should receive sufficient public funding to allow their parents to choose high quality schools, as well as incentives to choose more efficient schools and lower-priced schools. One possible system to accomplish this is through scholarships supplemented with a parents own funds.

12. Schools that fail to attract students should be allowed to fail and/or be replaced with other models which have demonstrated success.


The ACT:
1. Short title: this act shall henceforth be referred to as The Maine School Choice Act

2. The people of Maine hereby authorize the development of alternative models for educating the children of Maine. Such models shall include charter schools, magnate schools, opportunity scholarships, private schools, public-private education partnerships, and other models currently available or as may be developed over time.

3. The people of Maine assert the parents' right to determine the educational path, education model(s) and other relevant decisions related to their own child(ren).

4. The Department of Education will endeavor to fully and effectively inform parents of their education options; and will establish uniform guidelines and set forth expectations by which to measure the outcomes of whichever model(s) the parent chooses.

5. Education Models Authorized:

5.10 Charter Schools
Charter schools combine the accountability and oversight of traditional public schools with the flexibility of private schools. Charters are tuition-free independent publicly funded schools that are freed from many state and local rules and regulations in exchange for increased financial and academic accountability. Parental involvement is strongly encouraged. Charters are open to all children – students are selected at random. The schools are accountable for results-based student achievement. As of 2010, 39 states and Washington, D.C., have charter school laws. There are currently more than 4,000 charter schools in the United States.
A. Charters schools are hereby approved as one alternate education model from which parents can choose for their child(ren).

B. Definition**. A Charter School:
1. Has autonomy over key decisions, including, but not limited to, decisions concerning finance, personnel, scheduling, curriculum and instruction;

2. Is established and governed by an independent board in accordance with a charter registered with the State; and may be formed as a public or private corporation, or a public-private partnership;

3. Is operated under the terms of a contract between the school and the parents/sponsors of the children subscribed to the school's service;

4. Is a school to which parents may choose to send their children;

5. Provides a program of education that includes one or more of the following: preschool, prekindergarten, any grade or grades from kindergarten to grade 12 and career and vocational and technical education programs;

6. Operates in pursuit of a specific set of educational objectives as defined in its charter and in compliance with standards and expectations set forth by the State; and

7. Operates under the oversight of the authorizer from which its charter contract is granted and in accordance with its charter contract.

C. The State shall establish rules based on this Act to authorize, develop and implement the charter school model in Maine in accordance with industry based best practices. Such rules will then be approved by the Legislature and other oversight bodies.


5.20 Opportunity Scholarships (School Vouchers)
School vouchers give parents the freedom to use all or part of the tax funding set aside for their children’s education to send their children to the public or private school of their choice. Vouchers can take different forms – including universal voucher programs, income-based voucher programs, vouchers for children performing poorly in public school or who are attending failing public schools, or special needs vouchers.

5.30 Parent "Trigger"
See "An Act To Enhance Parental Roles in Education Choice aka 'The Parent Trigger'" under separate development

5.40 Digital Learning Alternatives
Virtual Schools and Online Schooling
Virtual schools are institutions that teach students entirely or primarily through online curriculum. They provide flexibility and allow for highly individualized, personalized instruction. In some states, virtual schools must have a brick-and-mortar location where children go to receive online instruction. In other states, online instruction can be done from home.

See "Maine Digital Learning Act"

5.50 Homeschooling
Parents who choose homeschooling educate their children outside of public or private schools, typically within their own homes. This method of education is becoming more and more common in the United States, growing from about 15,000 students in 1970 to approximately 1.5 million as of 2007, according to the U.S. Department of Education. Many states require standardized test scores, curriculum approval, and regular professional evaluation of students.


** source: MACS draft Charter School legislation