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Committee moves LD 2109 to require private schools receiving public tuition be in‑state, exempts current enrollees

Joint Standing Committee on Education and Cultural Affairs · February 18, 2026

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Summary

LD 2109, which defines 'public education' and would require private schools receiving public tuition to be located in Maine, was advanced with an amendment exempting currently enrolled out‑of‑state students; the committee voted 7–3 to report the bill 'ought to pass as amended.' Department testimony said exceptions exist for special‑purpose schools and that about three students currently receive tuition out of state.

Analyst Maura summarized LD 2109: it would define the term "public education" in Title 20‑A and add a requirement that private schools approved to receive public tuition must be located in Maine. The analyst cautioned that inserting a definition for a phrase used widely in statute could have unintended consequences and noted currently approved private schools receiving state tuition support are rare and may require grandfathering language.

Dr. Laura Seer (Maine Department of Education) said the bill aims to keep taxpayer dollars in‑state and noted there are currently approximately three students tuitioned to out‑of‑state boarding schools (two at Phillips Exeter Academy and one at Proctor Academy, with other approvals including Dana Hall and High Mowing). She said the state tuition amount is approximately $15,000 per student and that approved schools’ total tuition charges are typically much higher; the state contribution does not cover full private tuition. Seer also said exceptions for special‑purpose private schools would remain in place so that students whose needs cannot be met in state could still be placed out of state under special‑purpose rules.

Committee members raised concerns about parental choice, long historical practice in nearby border communities, interstate compacts (New Hampshire) and whether approval rescission or grandfathering language should be applied. Representative Dodge moved language to allow currently enrolled students to complete their programs while preventing new enrollments; the motion included rescinding approvals for future enrollments. The committee voted and the clerk reported a 7–3 "ought to pass as amended" outcome with a minority "ought not to pass" report.

Next steps: staff will prepare printed bill language reflecting the exemption for currently enrolled students and clarify special‑purpose school exceptions before the public hearing and further work sessions.