The Kennebec Journal

April 8

'Race to the Top' bill wins, but with an asterisk

By Matthew Stone mstone@centralmaine.com
Staff Writer

AUGUSTA -- Lawmakers signed off on a bill Wednesday that strikes down a legal barrier that's prevented the use of student testing data in teacher and principal evaluations.

It's unclear, however, whether the measure that passed satisfies the legislation's original purpose -- allowing Maine to apply for up to $75 million in a federal education reform competition and to qualify for nearly $160 million in federal education funds next year.

The House and Senate took final votes Wednesday on L.D. 1799, the third of three bills meant to bolster the state's position in the federal Race to the Top competition.

By votes of 80-67 in the House and 22-13 in the Senate, legislators pushed through an amendment to the bill that empanels a five-member task force charged with pre-approving a slate of evaluation models that school districts must choose from if they want to use student data in staff evaluations.

Sen. Justin Alfond, D-Portland, introduced the amendment during debate on Monday. The state teachers' union, the Maine Education Association, fought for the measure and would have a representative on the task force, along with groups representing superintendents, school boards, principals and special education directors.

The task force would finish up its work by July 1, 2011. Afterward, legislative action would be needed to approve new evaluation models.

Gov. John Baldacci is expected to sign the legislation, said David Farmer, Baldacci's deputy chief of staff.

"I think we're going to have a lot of different models to evaluate, and I think that's good," Alfond said.

While the measure could spur some school districts to change their teacher evaluations, it might still prevent Maine from sending in its Race to the Top application.

The Office of the Maine Attorney General issued an opinion in the midst of legislative debate Wednesday afternoon saying the amended measure doesn't fully strike down the prohibition on evaluating teachers with student test data.

"It leaves open the possibility that the stakeholder group will not approve any such (evaluation) model," the opinion from Chief Deputy Attorney General Linda Pistner read.

The attorney general's office would have to sign off on Maine's Race to the Top application, assuring federal officials that Maine allows linking student data with teacher evaluations.

That barrier must also be struck down if Maine is to qualify for $59 million in economic recovery money and about $100 million in other federal school funds during the 2011-12 academic year.

"At least the Legislature has taken the step to allow districts to use student data in the way the U.S. Department of Education requires," said Maine Department of Education spokesman David Connerty-Marin.

While the Maine Education Association opposed the legislation, President Chris Galgay said the amended version at least guarantees teachers a say in how they're evaluated.

"All our intent was to be an equal partner in that room," he said.

But the provision that allows that doesn't go far enough to encourage changes in how teachers are evaluated, said Steve Bowen of the Maine Heritage Policy Center think tank.

"I don't see how what they've put in place is not a barrier," he said. "This five-member panel is not required to produce any models.

"If the Attorney General remains consistent with her opinion today, we're not going to qualify for Race to the Top."

Matthew Stone -- 623-3811, ext. 435

mstone@centralmaine.com