An Act To Calculate the School Year by Number of Hours
Maine Legislature, Session 124, LD 0245
Committee Amendment CA_A_S31 (Senate)
Amends: 20-A MRSA §4801

COMMITTEE AMENDMENT "A" to S.P. 86, L.D. 245, Bill, "An Act To 
Calculate the School Year by Number of Hours" 
Amend the bill in section 1 in subsection 1 in the 3rd line (page 1, line 16 in L.D.) by 
striking out the following: "by the department" and inserting the following: 'pursuant to 
subsection I-A' 
Amend the bill in section 1 in subsection 1 by striking out all of paragraph A (page 1, 
lines 21 to 23 in L.D.) and inserting the following: 
'A. 
The commissioner may reduce or waive the minimum number of days required 
on application from a school board. 
For schools with an alternative calendar 
approved under subsection I-A, the commissioner may reduce or waive the minimum 
number of hours required on application from the school board. Notwithstanding 
subsection I-A, for schools operating on a calendar based on days, the commissioner 
may authorize an equivalent number of hours to be substituted for days for a limited 
time period upon application from a school board. The application must be supported 
in writing with a statement of the reasons for the request.' 
Amend the bill by inserting after section 1 the following: 
'Sec. 2. 20-A MRSA §4801, sub-§l-A is enacted to read: 
I-A. Alternative school calendar based on equivalent hours. A school board may 
submit a proposal to the commissioner for a school calendar based on hours. 
The 
cumulative hours for the calendar year must equal or exceed the number of school hours 
in a 180-day school year. The cumulative hours used for instruction must equal or exceed 
the number of hours used for instruction in 175 school days. 
Prior to approving a 
proposal for an alternative calendar, the commissioner shall determine that: 
A. 
The proposed calendar has been distributed or otherwise made available for 
review by parents, teachers and school employees; 
B. The school board has held a public hearing on the proposed calendar; 
C. The school board has met and consulted with teachers and other employees; and 
COMMITTEE AMENDMENT 
~~~ 
COMMITIEE AMENDMENT" A 
"to S.P. 86, L.D. 245 
D. The proposed calendar is in compliance with subsection 2-A. 
The commissioner shall adopt rules to establish a process for review and approval of 
proposals for alternative school calendars. Rules adopted pursuant to this subsection are 
major substantive rules as defined in Title 5, chapter 375, subchapter 2-A.' 
Amend the bill by striking out all of section 4 and inserting the following: 
'Sec. 4. Rules. The Department of Education shall amend Chapter 125 of its rules 
as is necessary to comply with the provisions of the Maine Revised Statutes, Title 20-A, 
section 4801, subsection 1, paragraph A, as amended by this Act. 
Amendments to 
Chapter 125 adopted pursuant to this section are routine technical rules as described in 
Title 5, chapter 375, subchapter 2-A. 
Sec. 5. Commissioner authorized to approve alternative schoon calendars 
for school year 2009-2010. Notwithstanding the Maine Revised Statutes, Title 20-A, 
section 4801, subsection 1, the Commissioner of Educationmay authorize a school board 
to implement an alternative school calendar for school year 2009-2010 prior to adopting 
rules under Title 20-A, section 4801, subsection I-A. 
A school board may submit a proposal to the commissioner for a school calendar 
based on equivalent hours. The proposal must include a written statement explaining the 
reason for the request. The commissioner may approve a proposal for implementation in 
school year 2009-2010 if the commissioner determines that the proposal complies with 
Title 20-A, section 4801, subsection I-A. 
A school board granted permission for an alternative school calendar under this 
section may not continue an alternative school calendar beyond the 2009-2010 school 
year unless a proposal is submitted to the commissioner, reviewed and approved in 
accordance with rules adopted under Title 20-A, section 4801, subsection I-A. The 
commissioner shall provisionally adopt rules to implement this Act no later than 
December 1, 2009.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment is the majority report of the Joint Standing Committee on Education 
and Cultural Affairs. It establishes criteria required for the approval of an alternative 
school calendar. It directs the Commissioner of Education to provisionally adopt rules no 
later than December 1, 2009. It authorizes the commissioner to approve requests for the 
school year 2009-2010 prior to adoption of the rules as long as statutory criteria are met. 
It also allows the commissioner to authorize a school operating on a calendar based on 
days to substitute equivalent hours for days for a limited time period upon application of 
the school board. 
]FISCAL NOTE REQnRED 
(See ~ttached) 
COMMITTEE AMENDMENT 
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Approved: 03/26/09 frac:.. 
LD245 
LR 79(02) 
An Act To Calculate the School Year by Number of Hours 
Fiscal Note for niH as Amended by Committee Amendment '1\" 
Committee: Education and Cultural Mfairs 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Fiscal Detail and Notes 
Additional costs to the Department of Education associated with the rulemaking and approval process can be absorbed 
within existing budgeted resources. 
LR0079(02) - Fiscal Note - Page 1 of 1