pages/school_choice_in_maine.org

School Choice In Maine

You are correct that exclusive contracts between towns and private academies are

**statutorily allowed** in Maine, and there is significant precedent for this

arrangement. However, the historical outcomes and specific concessions vary, and

the legal landscape regarding governance and accountability has evolved.

Here is a breakdown of the precedent, outcomes, and concessions based on

available data:

### 1. Precedent for Exclusive Contracts

Common Practice: It is well-documented that "not all town tuitioned students have a choice of school" because many towns sign contracts that "effectively bind all or most students" to a specific private academy [[1]].

Statutory Basis: Maine law explicitly allows contracts between sending towns and private schools to last from 2 to 10 years [[132]]. These contracts can designate a single school to receive all tuitioning students from a town, effectively creating a monopoly for that academy within the town's borders [[64]].

Historical Examples:

Maine Central Institute (MCI): MCI in Pittsfield has operated under

long-term exclusive contracts with surrounding towns (like MSAD 53) for

decades. A notable contract began in 1983 and was extended multiple times

for ten-year periods [[65]].

Thornton Academy: The City of Saco has a long-standing contractual

relationship with Thornton Academy to educate its high school students,

effectively making it the public high school for Saco without being a

public institution [[220]]. In 2013, Saco negotiated a new 10-year contract

after withdrawing from a regional school district [[228]].

### 2. Outcomes and Concessions in Historical Cases While specific financial

concession details (like exact tuition discounts) are often buried in municipal

records, the *structural* concessions and outcomes reveal a pattern:

Loss of Recourse (The "Logiodice" Precedent): The most critical outcome for families is the lack of due process. In Logiodice v. Trustees of Maine Central Institute (2002), the First Circuit Court of Appeals ruled that even though MCI was performing a public function under contract, it was not a state actor [[194]]. This meant a student expelled from MCI did not have the same constitutional due process rights (e.g., a formal hearing before an elected board) as a student in a public school [[147]]. This validates your concern about "no recourse in public."

Governance Remains Private: Historically, these contracts did not require academies to open their board meetings to the public or allow for elected community representation. The school remained a private entity with a self-perpetuating board, even while educating nearly 100% of the town's children [[141]].

Recent Shift: Interestingly, in response to the current controversy,

**George Stevens Academy (GSA) recently announced plans to open its board

meetings to the public**, a move described as "unusual for a private

school" [[81]]. This suggests they recognize the political pressure to offer

*some* governance concession, though it falls short of elected oversight.

Financial Stability vs. Choice: The primary outcome for towns is often financial predictability. Towns secure a guaranteed seat for every student, often at a rate lower than building a public high school. However, the trade-off is the loss of school choice; once a contract is signed, families generally cannot take their tuition dollars elsewhere unless they pay the difference out of pocket or seek a waiver (which is difficult) [[64]].

Fundraising Asymmetry: There is no statutory prohibition preventing these contracted academies from raising private funds in addition to public tuition. Public high schools cannot do this to the same extent (they are limited to fundraising for specific extras, not core operations). This creates the exact scenario you fear: a school with guaranteed public revenue plus the potential for unlimited private enrichment, without public oversight on how those combined funds are used [[73]].

### 3. What Concessions Have Towns Typically Secured? Based on the structure of

these agreements, towns typically negotiate for:

Tuition Rates: A fixed, often discounted rate compared to the state maximum, guaranteed for the contract term (2-10 years) [[132]].

Priority Enrollment: A guarantee that all local students will be accepted, even if the school reaches capacity with private payers (though this is less relevant if the contract covers all students) [[213]].

Joint Committees: Maine law allows for the establishment of a "joint committee" between the town and the private school to discuss issues, but it does not mandate it, nor does it give the committee binding authority [[132]]. Many towns fail to secure meaningful power in these committees.

Specific Programmatic Promises: Towns may get verbal or written promises about maintaining certain sports, arts, or vocational programs, but these are often the first to be cut if budgets tighten, with little legal recourse for the town [[82]].

### 4. The Risk of "Ossification" Your worry about concessions disappearing is

supported by the nature of these long-term contracts.

Renewal Leverage: Once a town has dissolved its own public option or relied exclusively on an academy for a decade, it loses the leverage to negotiate better terms upon renewal. The academy becomes the only viable option, allowing it to dictate terms in the future [[64]].

Lack of Sunset Clauses: While contracts have expiration dates (max 10 years), they often renew automatically or are renewed under duress because the town has no alternative ready. There is rarely a "sunset clause" that forces a return to open choice if performance metrics aren't met [[131]].

### Summary for Your Argument You can confidently state: > "Precedent exists,

but it is a precedent of **private control over public funds**. Cases like

*Logiodice v. MCI* prove that even when a private school acts as the sole public

provider, families lose their constitutional due process rights [[194]].

Historically, towns have traded **choice and oversight** for short-term stability,

only to find themselves locked into relationships where the school retains

private governance, keeps private fundraising capabilities, and answers to no

voters [[73]]. GSA’s recent offer to open meetings is a start, but without **elected

representation** and a **sunset clause** that restores choice if promises aren't

kept, we are repeating the mistakes of the past."

This approach acknowledges the legality while highlighting the *risks*

demonstrated by historical outcomes.

pages/school_choice_in_maine.org

School Choice In Maine

**Common Practice:** It is well-documented that "not all town tuitioned students have a choice of school" because many towns sign contracts that "effectively bind all or most students" to a specific private academy [[1]].

**Historical Examples:**

**Maine Central Institute (MCI):** MCI in Pittsfield has operated under

**Thornton Academy:** The City of Saco has a long-standing contractual

*Recent Shift:* Interestingly, in response to the current controversy,

**Tuition Rates:** A fixed, often discounted rate compared to the state maximum, guaranteed for the contract term (2-10 years) [[132]].

**Priority Enrollment:** A guarantee that all local students will be accepted, even if the school reaches capacity with private payers (though this is less relevant if the contract covers *all* students) [[213]].

**Joint Committees:** Maine law *allows* for the establishment of a "joint committee" between the town and the private school to discuss issues, but it does not *mandate* it, nor does it give the committee binding authority [[132]]. Many towns fail to secure meaningful power in these committees.

**Specific Programmatic Promises:** Towns may get verbal or written promises about maintaining certain sports, arts, or vocational programs, but these are often the first to be cut if budgets tighten, with little legal recourse for the town [[82]].

**Renewal Leverage:** Once a town has dissolved its own public option or relied exclusively on an academy for a decade, it loses the leverage to negotiate better terms upon renewal. The academy becomes the *only* viable option, allowing it to dictate terms in the future [[64]].

**Lack of Sunset Clauses:** While contracts have expiration dates (max 10 years), they often renew automatically or are renewed under duress because the town has no alternative ready. There is rarely a "sunset clause" that forces a return to open choice if performance metrics aren't met [[131]].