An Act Regarding Standardized Testing in Maine
Maine Legislature, Session 122, LD 1798
Committee: Education and Cultural Affairs
Sponsors: BRENNAN, CLARK, SAVIELLO, WESTON
Amends: 20-A MRSA §6202

Legislative Document 
No. 1798 
S.P.715 
In Senate, December 30, 2005 
An Act Regarding Standardized Testing in Maine 
(EMERGENCY) 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203. 
Received by the Secretary of the Senate on December 28,2005. Referred to the Committee 
on Education and Cultural Affairs pursuant to Joint Rule 308.2 and ordered printed pursuant to 
Joint Rule 218. 
Presented by Senator BRENNAN of Cumberland. 
JOY J. O'BRIEN 
Secretary of the Senate 
Cosponsored by Representative CLARK of Millinocket, Representative SAVIELLO of Wilton 
and 
Senator: WESTON of Waldo. 
Printed on recycled paper 
Emergency preamble. Whereas, acts of the Legislature do not 
become effective until 90 days after adjournment unless enacted 
as emergencies; and 
Whereas, this legislation needs to take effect before the 
expiration 
of 
the 
90-day 
period 
because 
the 
Department 
of 
Education 
has 
indicated 
its 
intent 
to 
make 
changes 
in 
requirements for standardized testing in the Spring of 2006; and 
Whereas, in the judgment of the Legislature, these facts 
create an emergency wi thin the meaning of the Constitution of 
Maine 
and 
require 
the 
following 
legislation 
as 
immediately 
necessary for the preservation of the public peace, health and 
safety; now, therefore, 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 20-A MRSA §6202, first" as amended by PL 2005, c. 
446, §3, is further amended to read: 
The 
commissioner 
shall establish 
a 
statewide 
assessment 
program 
to 
measure 
and 
evaluate 
on 
a 
continuing basis 
the 
academic achievements of students at grades 4, 8 and 11 in the 
content areas of the system of learning results established in 
section 6209 specified by the commissioner. 
The commissioner may 
elect to provide for the use of alternative measures of student 
achievement in grade 11, except that any alternative measures 
must be submitted to the Legislature for its approval prior to 
being used. 
This assessment applies to students in the public 
elementary and 
secondary schools 
and in all private schools 
approved for tuition whose school enrollments include at least 
60% pasHely-huulea publicly funded students, as determined by 
the previous school year's October and April average enrollment. 
The assessment program must be adapted to meet the needs of 
exceptional students as defined in section 7001, subsection 2 or 
other students as defined under rules by the commissioner. 
Sec. 2. 20-A MRSA §6202, as amended by PL 2005, c. 446, §3, 
is further amended by adding a new 2nd paragraph to read: 
Beginning with the 2007 school year, the commissioner may 
implement the use of the Scholastic Aptitude Test for grade 11 
students. 
Emergency clause. 
In view of the emergency ci ted in the 
preamble, this Act takes effect when approved. 
Page l-LR2644(1) 
SUMMARY 
Current 
law 
requires 
the 
Commissioner 
of 
Education 
to 
establish a statewide assessment program to measure and evaluate 
achievement of learning results. 
The current assessment program 
used for students in grades 4, 8 and 11 is the Maine Educational 
Assessment. 
The 
commissioner 
is 
permitted 
to 
establish 
an 
alternative assessment for students in grade 11. 
This 
alternative 
approval. 
bill 
requires 
the 
assessment 
program 
commissioner 
to 
submit 
to 
the 
Legislature 
for 
any 
its 
The bill also delays the implementation of the Scholastic 
Aptitude Test until the 2007 school year.