AUGUSTA – An amended measure allowing the establishment of charter schools in Maine has been approved by the state Senate 18-16, but faces an uncertain future. The House opposed the original measure 88-51 Wednesday evening.

“This measure, as amended, as we are voting on it, does not take any resources away from public schools,” said Sen. Betty Lou Mitchell, R-Newport. “What this will do is allow existing schools to become eligible for federal funds.”

Mitchell, the Senate co-chair of the Legislature’s Education Committee, told the Senate that 36 states and the District of Columbia are tapping into federal funds made available to charter schools by Congress. She argued that smaller class sizes and the more individualized approach to education used by charter schools in other states has benefited students who do not thrive in larger public schools.

“Every child does not fit in a large, public school,” she said.

In many states, charter schools are established by school districts contracting with a private group to operate a school that is usually smaller and provides an alternative curriculum to mainstream schools. In some cases, the standards are different from those imposed on public schools.

Opponents argued that charter schools could end up diverting funds from existing schools and that the educational policies that have made charter schools successful are being adopted by many public schools in Maine. And many expressed concern that the funding mechanism for the charter schools under the bill would take away scarce resources from existing schools. The bill provides that the state would pay the statewide average per-pupil cost for each student at a charter school.

“Many public schools are trying to do some of the same things that are being done in charter schools,” said Sen. Peggy Rotondo, D-Auburn. “I think it is very important for us to support our public schools.”

Sen. John Nutting, D-Leeds, agreed with Rotondo and cautioned that funds sent to charter schools are dollars that could better be used in existing public schools. He said there are many unmet needs in public schools.

“And we have more costs coming,” he said. “We have enacted Learning Results and it’s going to take more resources to put that into place.”

Sen. Karl Turner, R-Cumberland, supported the measure, arguing that charter schools have worked well in other states and that Maine should take advantage of the available federal funds.

“I lived in Massachusetts from 1991 to 1999 and saw a nonpartisan effort to expand charter schools from a single school to over 50,” he said. “This legislation is modeled on that down in Massachusetts, where it has been very successful.”

But Rep. Shirley Richard, D-Madison, the House co-chair of the Education Committee, said the proposal before lawmakers has significant differences from legislation in other states. And she questions if federal funds would be available under the measure as drafted.

“We have been through this before,” she said. “We had charter legislation three years ago and when we asked the federal government if it met their standards they said no it did not. This plan has not been submitted for review.”

Richard also challenged supporters who claim the amended legislation would not have an impact on state general purpose aid to existing local schools.

“That’s not the way I read the bill,” she said. “I think it will have an impact and will take needed funds away from schools.”

Richard said she would continue to oppose the legislation, although she believes Maine eventually will have charter schools.

“But not this year, not with this bill,” she said.

Rep. Elizabeth Watson, D-Farmingdale, sponsor of the measure, is hopeful the House will support the amended version of the bill. She said the negative vote Wednesday night came on the original legislation, which she admits had several problems.

“This amendment is not that bill,” she said. “I believe when people see that this is a stripped-down and bare-bones version, that they will support it.”

Even if the amended measure is accepted in the House, Gov. Angus King has some concerns with the legislation.

“The administration was opposed to the original bill,” said gubernatorial aide Susan Bell. “The governor has not yet seen the amended version, but we have concerns with some of the language.”

Bell said the amended bill would require the state Board of Education to draft rules that would determine the minimum standards for charter schools. She said such substantive policies should be passed by the Legislature, not the board. Bell also said the confusion over how the schools would be funded would need to be clarified before the governor could decide whether he could support the measure.

The amended bill awaits further consideration in the House.