An Act To < 10 Implement the Recommendations of the PE4ME Planning and Oversight Team
Maine Legislature, Session 124, LD 1407
Committee Amendment CA_A_H343 (House)

COMMITTEE AMENDMENT" A " to H.P. 983, L.D. 1407, Bill, "An Act To 
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Implement the Recommendations of the PE4ME Planning and Oversight Team" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Assess the Physical Ed ucation Capacity of Elementary Schools in Maine 
and To Establish the Obesity and Chronic Disease Fund within the Department of 
Education' 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 20-A MRSA c. 223, sub-c. 7-C is enacted to read: 
SUBCHAPTER 7-C 
ELEMENTARY SCHOOL PHYSICAL EDUCATION 
§6631. Obesity 'and Chronic Disease Fund 
1. Fund established. The Obesity and Chronic Disease Fund, referred to in this 
section as "the fund," is established as an interest-bearing account administered by the 
department. 
2. Revenue. Any private or public funds appropriated, allocated or dedicated to the 
fund must be deposited into the fund as well as income from any other source directed to 
the fund. All interest earned by the fund becomes part of the fund. Any balance remaining 
in the fund at the end of the fiscal year does not lapse but is carried forward into 
subsequent fiscal years. 
3. Use of fund; physical education. Balances in the fund may be used for the 
necessary expenses of the department in the administration of the fund. Balances in the 
fund may be used to pay for new equipment, new staff training, new personnel, new 
administrative costs and other expenses not related to an existing physical education 
COMMITTEE AMENDMENT 
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COMMIITEE AMENDMENT .. I) "to H.P. 983, L.D. 1407 
program and for the implementation of a new physical education program for elementary 
schools. 
Sec. 2. Assessment. The Commissioner of Education shall conduct a statewide 
assessment, using a surveyor sampling methodology, of the current physical education 
capacities of elementary schools in the State. The assessment must include: 
1. The average teacher-to-student ratio for academic classes and the average teacher-
to-student ratio for physical education classes; 
2. The average minutes of physical education per week per student by grade; 
3. The average minutes of recess or other opportunity for physical activity during 
school hours per week per student by grade; 
4. The physical plant, infrastructure and equipment in place to support the physical 
education program; 
5. The methods being used to evaluate the physical education of students; and 
6. The capacity to conduct baseline fitness assessments and monitor achievement of 
elementary students. 
The commissioner shall work with the elementary schools selected for the assessment 
to obtain the data required for this assessment in a manner that allows the assessment to 
be reported by grade, school, school administrative unit and region. 
The commissioner shall submit a report on the findings of the assessment to the Joint 
Standing Committee on Education and Cultural Affairs by February 1,2010. The report 
must include a description of the physical education programs in existence for the 
2009-2010 school year for elementary schools in the State. 
Sec. 3. Use of the Obesity and Chronic Disease Fund. The Commissioner of 
Education may accept any private or public funds or other income allocated, dedicated or 
directed to the Obesity and Chronic Disease Fund established in the Maine Revised 
Statutes, Title 20-A, section 6631 at any time after the effective date of this Ad. 
Notwithstanding Title20-A, section 6631, subsection 3, the commissioner may not 
authorize any expenditures from that fund prior to July 1,2010. 
Sec. 4. 
Authority to submit legislation. 
After receipt of the assessment 
required in section 2 of this Act, the Joint Standing Committee on Education and Cultural. 
Affairs .may submit a bill to the Second Regular Session of the 124th Legislature 
pertaining to physical education in elementary schools in the State. 
Sec. 5. Appropriations and allocations. The following appropriations and 
allocations are made. 
EDUCATION, DEPARTMENT OF 
Obesity and Chronic Disease Fund N075 
Initiative: Provides a base allocation in the event that funds are received to fund the 
implementation of a physical education program for elementary schools, new equipment, 
new staff training, new personnel, administrative costs and other expenses not related to 
an existing physical education program. 
COMMI 
EE AMENDMENT 
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COMMITTEE AMENDMENT" A " to H.P. 983, L.D. 1407 
OTHER SPECIAL REVENUE FUNDS 
All Other 
OTHER SPECIAL REVENUE FUNDS TOTAL 
SUMMARY 
2009-10 
$500 
$500 
2010-11 
$500 
$500 
This amendment is the majority report of the Joint Standing Committee on Education 
and Cultural Affairs. 
This amendment replaces the bill. The amendment preserves provisions· in the bill 
that require the Commissioner of Education to conduct an assessment of the physical 
education capacities of elementary schools in the State using a surveyor sampling 
. methodology and to report on that assessment to the Joint Standing Committee on 
Education and Cultural Affairs by February 1, 2010. The amendment also preserves 
provisions in the bill that establish the Obesity and Chronic Disease Fund, although the 
fund is transferred by this amendment from the Department of Health and Human 
Services to the Department of Education. This amendment does not appropriate any funds 
to the Obesity and Chronic Disease Fund, but expressly allows the fund to receive public 
or private funds or income from other sources. The Commissioner of Education is not 
authorized, however, to make any expenditures from the fund prior to July 1,2010. 
The amendment also authorizes the Joint Standing Committee on Education and 
Cultural Affairs to submit a bill to the Second Regular Session of the 124th Legislature 
pertaining to physical education in elementary schools in the State after receipt of the 
assessment of the physical education capacity of elementary schools. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 05/18/09 ;rWac:.. 
JLD 1407 
LR 1631(02) 
An Act To implement the Recommendations of the PE4ME Planning and Oversight Team 
Fiscal Note for Bill as Amended by Committee Amendment "A " 
Committee: Education and Cultural Affairs ' 
Appropriations! Allocations 
Other Special Revenue Funds 
Fiscal Note Required: Yes 
Fiscal Note 
2009-10 
$500 
2010-11 
$500 
Projections 
2011-12 
$500 
Projections 
2012-13 
$500 
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Fiscal Detail and Notes 
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This bill establishes the Obesity and Chronic Disease Fund within the Department of Education and includes Other 
Special Revenue Funds base allocations of $500 per year beginning in fiscal year 2009-10 in the event that funds are 
received t() fund new physcial education program expenses and related administrative costs of the Department of 
Education. 
Additional costs to the Department of Education to conduct the required assessment and submit the required report 
can be absorbed within existing budgeted resources. 
LRI631(02) - Fiscal Note - Page 1 of 1 
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