(The Lion) — A town in Maine is re-evaluating a proposed ordinance barring homeschool co-op operators or private-school employees from its district school board, with critics arguing such language violates First Amendment rights.
“It should be clear that the ‘conflict of interest’ justification for the proposed ordinance will fail First Amendment scrutiny and expose the Town to significant liability,” wrote state Rep. Heidi Sampson, director of the Maine Education Initiative, in a letter to the Dexter Town Council.
“We sincerely hope that the Town Council will reject this proposal and support the right of all Dexter citizens to serve their local public schools.”
This ordinance looks like “a direct response to a situation involving former school board member Alisha Ames,” who was recalled with another board member in June, according to the Maine Wire.
A Facebook group called Stop the Power Trip – its name appearing to reference Ames’ church-based homeschool group Power Source Ministries – forced the recall vote by gathering enough signatures to place the measure in a June 10 election.
“Stop The Power Trip claimed that Ames’ real priorities lay with her homeschool group rather than the school district, and accused her of trying to lure students away from the public schools into her co-op,” the article explained.
“Sampson warned that a prohibition on homeschool co-op operators could be seen as specifically intended to target Ames’ group, which is the only organized homeschool co-op in the town.”
‘Breathtakingly overbroad’ language in ordinance
Dexter is part of Maine School Administrative District (MSAD) 46, which enrolls about 840 students across three schools.
“It is also disturbing that, to our knowledge, there is currently only one homeschool co-op in Dexter, and no private schools in operation,” Sampson argued in her letter.
“This prohibition is breathtakingly overbroad, covering individuals who have no pecuniary interest in a co-op or private school (such as volunteer directors or administrators), as well as individuals who may not even still be associated with such a co-op or private school (such as founders).”
The proposed ordinance defined a co-op as an “organized group of parents or guardians who collaborate to provide educational instruction or services to children who are being educated at home.”
“It is unclear how large or how ‘organized’ a group must be to constitute a homeschool co-op, leaving the door open for any small group of collaborating homeschool parents to be barred from seeking office on the local school board,” the Maine Wire noted.
“Anyone with any leadership or administrative role would be considered an ‘operator’ of a homeschool co-op.”
The ordinance was written with the purpose of avoiding “conflicts of interest” and ensuring board members “serve the best interests of the public school system, free from competing obligations or private affiliations that may compromise their ability to do so,” it reads.
However, the Maine Education Initiative highlights the absence of any “traditional monetary understanding” regarding conflicts of interest since it would apply to volunteers as well as employees.
“The ban therefore appears to be based not on any traditional concerns regarding pecuniary conflicts of interest, but to rather be based on an assumption that anyone involved with a private school or homeschool co-op cannot possibly also desire the best interests of their local public schools,” Sampson’s letter read.
“To speak frankly, such an assumption is baseless and narrowminded at best.”
