Wednesday April 07, 2010 | 05:14 PM

The state Attorney General's office weighed in, but the Maine House didn't follow its lead.

House members have voted to stick to an amendment to L.D. 1799 that would limit school districts' ability to use student achievement data in teacher and principal evaluations. The amendment, proposed by Sen. Justin Alfond and favored by the state teachers' union, empanels a five-member task force that would pre-approve a slate of evaluation models from which school districts could choose if they wanted to factor student testing data into staff evaluations.

Rep. Sawin Millett, R-Waterford, said constituents have called that measure "a poison pill amendment." Steve Bowen of the Maine Heritage Policy Center referred to the provision by the same name in his blog.

Another Senate vote remains before the bill goes to Gov. John Baldacci for his signature.

If the Senate sticks to its earlier votes (which took place before the Attorney General's office issued its opinion), the teachers' union will have succeeded in diluting the effect of legislation to strike down that legal barrier preventing the use of student achievement data in teacher and principal evaluations.

But it's unclear whether Maine will have struck down the legal barrier it needs to in order to apply for up to $75 million in Race to the Top funding and qualify for $59 million in federal economic recovery funds for education and $100 million other federal education funds.

When Maine sends its Race to the Top application into the federal government, the attorney general has to certify that the legal barrier has been struck down.

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