NECESSARY COMPENSATION

Righting a past wrong is not an easy process, but Maine has come a long way in trying to compensate former students at the Baxter School for the Deaf for the horrific abuse they suffered at the state-run school. Lawmakers now have the opportunity to completely fund the compensation program so it can finish that work.

The Baxter Compensation Authority was created by law in 2001 and charged with adjudicating and paying claims from students who were abused at the school prior to that time. Claimants have until March 31, 2006 to file claims. To date, 187 claims have been adjudicated and more than $10 million has been awarded to claimants.

The compensation money has come in stages, with lawmakers often commenting on how hard it is to find the needed funds when the state budget is tight. Continuing state financial hardship should not preclude state lawmakers from setting aside more money to compensate the victims of decades of abuse at the school where hundreds of students suffered beatings, rape and other abuses at the hands of state employees.

The authority was initially given $6 million, with the understanding that this was not enough money to compensate all victims. Last year, lawmakers appropriated another $6 million for compensation and administration expenses. The last of those funds were awarded to victims in January. A claims board continues to hear cases, but those who are found eligible for compensation are now put on a waiting list and won’t get any money until lawmakers appropriate more.

Senate President Beth Edmonds has sponsored a bill to appropriate $8.4 million for the compensation fund. This is thought to be enough money to compensate any remaining victims. Award levels are $25,000, $60,000 and $100,000 with the average of awards being $56,000. With a 2006 deadline for victims to file claims, it would be unfair for those who filed the claims early to get money while those who come later are left empty-handed.

Although lawmakers generally support Sen. Edmonds’ proposal, the governor has also included funding for Baxter victims in his budget. However, under the governor’s plan, the Baxter Compensation Authority would be first in line to receive money if there is

any left over in the General Fund after the state closes its books for the fiscal year on June 30 and pays off any statutory obligations.

There are two problems with this approach – one practical and one philosophical. As a practical matter, if the so-called “cascade funds” aren’t there, the compensation authority would not be able to pay claims until lawmakers appropriated more money next year. That would leave some victims on the waiting list for nearly a year.

Philosophically, it is wrong to tie victims to the vagaries of state budgeting. As Sen. Edmonds told the Appropriations Committee: “We can’t allow victim compensation to hinge on how much unappropriated surplus remains at the end of the fiscal year.”

By securing the $8.4 million now, lawmakers can finish an overdue job.