Maine Mulls Redefining “Public Education” and Allowing Only In-State Private Schools to Receive Public Funds

Early next week, lawmakers in Augusta are set to discuss a bill that would redefine the meaning of “public education” under state law. The proposal would also require that any private schools receiving public funds must be located within the state.

Under the revised definition, the term “public education” would refer to education provided primarily at the public’s expense that meets all state and federal requirements for enrolled students and is free for all students in grades kindergarten through twelve.

This bill, LD 2109 was submitted for consideration by the Maine Department of Education (MDOE), as opposed to being sponsored by a lawmaker or group of lawmakers.

During a public hearing held last month by the Education and Cultural Affairs Committee, the MDOE offered testimony in support of this measure.

“The aim of this bill is to clarify that public tax dollars, when applied toward local public schools or toward tuition in private schools, are purchasing an educational experience that fulfills the intent of Maine Constitution article 8 and the goals of Maine legislators,” the MDOE said.

“Further,” the Department added, “this bill ensures that Maine taxpayer money is not diverted to out-of-state institutions.”

The Maine School Boards Association (MSBA) also submitted testimony in support of the measure expressing a similar sentiment.

“This clarity [regarding the definition of ‘public education’] matters as school districts, families, and policymakers will benefit from a shared understanding that public education is grounded in universal access, public oversight, and consistent accountability to students and taxpayers,” the MSBA said.

“Requiring an in-state location preserves meaningful oversight, supports local communities, and ensures that public funds remain invested in Maine’s educational system,” they added.

Testifying in opposition to the bill was the Maine Policy Institute, a non-partisan public policy think tank, arguing that the measure is an “unjustifiable restriction on parental and student choice and a deliberate narrowing of Maine’s long-standing town tuitioning tradition.”

“By mandating that only private schools located within the borders of Maine may be approved for public tuition payments, the bill arbitrarily limits the educational opportunities available to Maine families, particularly those living in towns that do not operate their own public schools,” the Maine Policy Institute said.

According to their testimony, this measure would restrict parental choice, “undermine students’ right to quality education,” and create a “politicized” definition of public education.

They argue that the definition put forward in this legislation “elevates a single, government‑centric model of education as the exclusive benchmark” for public education and “marginalizes alternative and innovative education models.”

The Education and Cultural Affairs Committee has scheduled a work session for this bill on Tuesday, February 10.

Click Here for More Information on LD 2109

Disclaimer: The Maine Wire is a project of the Maine Policy Institute.