An Act To Assess Childhood Obesity Trends in Maine
Maine Legislature, Session 123, LD 1886
Committee: Education and Cultural Affairs
Sponsors: CAIN, MITCHELL, CRA VEN, FAIRCLOTH, HARLOW, MILLER, STRANG BURGESS
Amends: 20-A MRSA §6455

Legislative Document 
No. 1886 
H.P.1320 
House of Representatives, May 2,2007 
An Act To Assess Childhood Obesity Trends in Maine 
Reference to the Committee on Education and Cultural Affairs suggested and ordered 
printed. 
Presented by Representative CAIN of Orono. 
Cosponsored by Senator MITCHELL of Kennebec and 
7Jl~/J1.~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: CRA VEN of Lewiston, FAIRCLOTH of Bangor, HARLOW of Portland, 
MILLER of Somerville, STRANG BURGESS of Cumberland. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 20-A MRSA §6455 is enacted to read: 
§6455. Body mass index assessment 
All public schools and approved private schools shall institute a screening program to 
collect either the height and weight by grade and gender or body mass data by grade and 
gender of students in kindergarten and grades 1, 3, 5, 7 and 9, referred to in this section as 
"the screening program. II 
1. Phase-in of screenine; proe;ram. The screening program must be phased in for 
the following grades based on the following schedule: 
A. By August 31, 2008, the screening program must be in effect in kindergarten and 
grade 5; 
B. By August 31, 2009, the screening program must be in effect in grades 1 and 3; 
and 
C. By August 31, 2010, the screening program must be in effect in grades 7 and 9. 
2. Analysis and reportine; of height and weight and body mass data by e;rade 
and e;ender. All schools subject to this section shall submit the data collected from the 
screening program to the department. 
The department, in collaboration with the 
Department of Health and Human Services, Maine Center for Disease Control and 
Prevention, shall analyze the data submitted by schools and report on the data to the 
Legislature by December 15,2009 and annually thereafter. 
3. Funding. The State shall provide funding for the screening program to the extent 
that federal funds do not cover the costs of the screening program. The funding must 
include support for training of screeners and screening equipment. 
4. Exception. A student may not be screened for height, weight or body mass when 
that student's parent or guardian demonstrates by a written statement a religious, moral, 
philosophical or other personal objection. 
5. 
Rules. 
The department shall adopt rules establishing the requirements for 
screening of height and weight or body mass. The rules must specify the confidentiality 
provisions for the screening, the training requirements for screening personnel, the data to 
be reported and the process for reporting it. Rules adopted pursuant to this subsection are 
routine technical rules as defined in Title 5, chapter 375, subchapter 2-A. 
SUMMARY 
This bill requires confidential assessments of either height and weight or body mass 
of all students, by gender, in kindergarten and grades 1, 3, 5, 7 and 9 in public schools 
and approved private schools and analysis and reporting of this data. The program is 
phased in over a 3-year period, beginning August 31, 2008. 
The Department of 
Education, in collaboration with the Department of Health and Human Services, Maine 
Center for Disease Control and Prevention, is required to submit an annual report to the 
Legislature regarding the assessments.