Advocates of a charter school system in Maine have given a cautious welcome to Gov. John Baldacci's plans to introduce legislation this winter which would allow the state's schools to be more "innovative." It's a move designed to help the state's chances of being awarded up to $75 million in federal money.

Earlier this year, the Maine Senate defeated a bill that would have legalized charter schools, meaning the Pine Tree State remains one of the eleven states not to sanction these independently-run, but publicly-funded and publicly-accountable, learning institutions.

Now, Gov. John Baldacci's administration is drafting compromise legislation that would allow for the creation of so-called "innovative" schools, which would have more autonomy over their budgets and their curricula.

The measure, though, stops short of legalizing charter schools. Alternative education advocates welcomed the development -- kind of.

"The Maine Association For Public Charter Schools supports all forms of public school choice, public school options, alternative education, intra-district choice, inter-district choice," says the group's Director Judith Jones. "Any time that we, as parent advocates and people who want to expand options to people of all income levels, see that the state policy level people are engaging in discussions that furthers the notion of choice, the importance of empowering parents, and providing them options, that's a good thing," she says. "We're worried that it's basically a smokescreen for doing nothing."

To be truly successful, Jones believes independent schools must be truly independent and not come under the control of the school board. "Our own experience, and looking at the experience in other states, suggests that it's extremely difficult to sustain an innovation within the existing structure," she says. "If your teachers are still subject to all the district rules, the superintendents are still in charge that are there now, they've had years to try to promote alternative education and dropout prevention and it's been very, very slow in Maine."

"It is a compromise to the charter school legislation," says Susan Gendron, Maine's Education Commissioner. The new bill, she says, will fit well with legislation passed last session, requiring every school system to create what she calls "multiple pathways" for students to achieve state standards.

Some of these pathways, she adds, enable students to take apprenticeships and work with technical career centers. "So this innovative model would allow a local school district to create something that's unique and perhaps responsive to the students in their area," Gendron says. "So it actually, I think, would enhance that provision that's just passed. But also we have some incentives right now to put this into effect so that we can try to bring in additional federal dollars at a time which when we're having to cut school budgets."

Those federal dollars Gendron is referring to come from the $4.3 billion in the so-called "Race to the Top" fund, to encourage innovative education. Maine could be eligible for up to $75 million. To qualify, says Gendron, the state would have to allow open enrollment -- meaning parents are not obliged to send their children to the nearest public school -- and innovative schools must be allowed to create their own curriculum.

The schools, she adds, would also have more control over their budgets, as well as more flexilbility in creating the school year and in hiring staff -- although unlike with charter schools, all teachers at innovative schools would require a state certificate. "I think it's a great next step for Maine that allows for local school districts to really be responsive to the individual students and their districts by creating this option," Gendron says.

When the bill actually comes before the Legislature though, Gov. Baldacci could find himself in a difficult position, says one education consultant.

"The governor's actually caught between a rock and a hard place," says Frank Heller, the former director of the Maine School Choice Coalition, who has also worked as a consultant for the U.S. Department of Education. "On one side you've got people who've been urging school reform, where they're looking at what's being done nationally. On the other hand you have an extremely powerful teachers union in the state that actually can influence the Legislature, and they have repeatedly beat down all kinds of initiatives, whether it's merit pay, performance pay, or charter schools, one after another," Heller says.

The Maine Education Association -- the state's teachers union -- staunchly opposed charter school legislation earlier this year.
The MEA could not be reached for comment on this story, but director Mark Gray recently told the Portland Press Herald it is more likely to support an innovative schools bill.