An Act To Create the Maine Online Learning Program
Maine Legislature, Session 124, LD 1446
Committee Amendment CA_A_S273 (Senate)

COMMITTEE AMENDMENT "A" to S.P. 531, L.D. 1446, Bill, "An Act To 
Create the Maine Online Learning Program" 
Amend the bill by striking out everything after the enacting clause and before the 
emergency clause and inserting the following: 
'Sec. i. 20-A MRS A §5001-A, sub-§2, ,.s, as amended by PL 2003, c. 688, Pt. 
H, § 1 and affected by §3, is further amended to read: 
B. 
A person who has: 
(1) Reached the age of 15 years or completed the 9th grade; 
(2) Permission to leave school from that person's parent; 
(3) Been approved by the principal for a suitable program of work and study or 
training; 
(4) Permission to leave school from the school board or its designee; and 
(5) 
Agreed in writing with that person's parent and the school board or its 
designee to meet annually until that person's 17th birthday to review that person's 
educational needs. When the request to be excused from school has been denied 
pursuant to this paragraph, the student's' parent may appeal to the commissioner; 
ef 
Sec. 2. 20-A MRS A §5001-A, sub-§2,~, as enacted by PL 1985, c. 123, §2, is 
amended to read: 
D. 
A person who has matriculated and is attending an accredited, post-secondalY, 
degree-granting institution as a full-time student. An exception to attendance in 
public school under this paragraph must be approved by the commissioner7.;..Q[ 
Sec. 3. 20-A MRS A §5001-A, sub-§2, ~ 
is enacted to read: 
E. A person enrolled in an online learning program or course. 
Page I - 124LR1488(02)-1 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to S.P. 531, L.D. 1446 
Sec. 4. 20-A MRSA c. 802 is enacted to read:' 
CHAPTER 802 
MAINE ONLINE LEARNING PROGRAM 
§19151. Definitions 
As used in this chapter, unless the context otherwise indicates, the following terms 
have the following meanings. 
1. Online learning program or course. "Online learning program or course" means. 
an interactive course or program that: 
A. Is taught by a certified teacher and is delivered primarily electronically using the 
Internet or other computer-based methods in which a student enrolled in a course may 
have access to the teacher synchronously or asynchronously; 
B. May be delivered to students at school as part of the regularly scheduled school 
day or may be delivered to students, in whole or in part, independently from a regular 
classroom schedule; 
C. Is combined with other traditional delivery methods that include frequent student 
assessment and may include actual teacher contact time; and 
D. 
Meets or exceeds the accountability standards and parameters for essential 
instruction established as pal1 of the statewide system of learning results as set forth 
in section 6209. 
2. 
Online learning provider. 
"Online learning provider" means a private 
organization that is approved by the department to provide online learning prograrris or 
courses to one or more school administrative units for kindergarten to grade 12 students. 
3. 
Proctored environment. 
"Proctored environment" means an environment 
directly monitored by a teacher or administrative staff employed by an online learning 
provider or by an adult authorized by the program. 
§19152. Program established 
The Maine Online Learning Program, referred to in this chapter as "the program," is 
established to provide high-quality educational options for kindergarten to grade 12 
students in this State using online learning programs and courses. The goals of the 
program are to: 
1. Create opportunity. Create educational opportunities for students in this State 
that may not exist without such technology; 
2. Close achievement gap. Close the achievement gap between high-performing 
and low-performing students, including the gap between minority and nonminority 
students and between economically disadvantaged students and their more advantaged 
peers; 
3. Educational options. Use existing educational resources, along with technology, 
to provide parents a broader range of educational options and to help students in the State 
improve their academic achievement; and 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A "to S.P. 531, L.D. 1446 
4. 
Public school educational opportunities. 
Increase the capacity of school 
administrative units to provide public school educational opportunities for students whose 
educational needs are not being met in the regular public school program. 
§19153. Approval of online learning providers 
No later than June 30, 2010, the depal1ment shall provide school administrative units 
with a list of providers approved to offer full-time and part-time online learning programs 
and courses available for kindergarten to grade 12 students in the State. The department, 
in consultation with the state board, shall develop approval criteria and a process for 
approving online learning providers to implement online learning programs and courses. 
1. Approval of online learning providers. The department shall approve online 
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learning providers on the basis of the online learning providers' demonstrated experience 
in the operation and management of online learning programs and courses, including the 
number. of students served and proven academic success as measured by student 
performance and state assessment results, as appropriate, and an online learning 
provider's ability to satisfY the requirements under subsection 2. 
2. Requirements. To be approved by the department, an online learning provider 
must demonstrate and thereafter annually document that it meets all of the following 
requirements. 
A.The online learning provider must be nonsectarian in its programs, admission 
policies, employment practices and operations. 
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B. Each course offered for a unit of credit must correlate with applicable state-
adopted academic standards prior to being offered. All' courses must include 
assessments. 
C. A teacher employed by the online learning provider and providing instruction to 
students must hold a valid teaching certificate in each content area being taught or 
receive approval from the commissioner to teach the course. 
D. A teacher employed by the online learning provider must receive appropriate 
preservice and in-service training pertaining to the organization of the online 
classroom, programs and courses, the technical aspects of online education, the 
monitoring of student assessment and other pertinent training. 
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E. The online learning provider must verifY ongoing student attendance and progress 
and performance in each course as documented by ongoing assessments in a 
proctored environment and provide examples of student course work. 
F. 
Administrators, teachers and other educational staff employed by the online 
learning provider must comply with the fingemrinting and national criminal history 
record check requirements as set forth in section 6 I 03. 
G. The online learning program must comply with the State's information technology 
accessibility policies and standards.' 
COMMITTEE AMENDMENT 
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COMMITIEE AMENDMENT" A' to S.P. 531, L.D. 1446 
§19154. Enrollment and eligibility 
Full-time students enrolled in an online learning program are considered to have met 
the compulsory attendance' requirement set forth in section 500 I-A, subsection 2, 
paragraph E. The following provisions apply for enrollment and eligibility. 
1. Full-time or part-time. School administrative units may enroll students in an 
online learning program or course on 11 full-time and part-time basis. If a program is 
oversubscribed, a school district shall use a random lottery to select enrolled students, 
subject to any statutorily imposed enrollment preferences. 
2. 
Eligibility. 
A kindergarten to grade 12 student enrolled in a public school 
residing in the State who is 20 years of age or younger is eligible to enroll in the program. 
3. Agreements to access programs and courses. School administrative units may 
develop agreements to access online learning courses and programs offered by other 
school administrative units. 
4. Assessment. Students enrolled in an online learning program or course for a unit 
of credit shall participate in any applicable final exams, grade-level assessments and state 
assessments in a proctored environment. 
§19155. Report 
The department shall provide the Legislature annually with a report that includes, but 
is not limited to, the following information: 
' 
1. Programs and courses. A list of programs and courses offered through the 
program; 
2. Students. The number of students participating in the program, including the 
number' of full-time students, part-time students and full-time equivalent students 
enrolled; 
3. 
Student performance. 
Student performance for students enrolled in online 
learning programs or courses, including the academic achievement of students enrolled in 
each course offered through the program; 
4. Expenditures. Expenditures of state and nonstate funds made for online learning 
programs and courses; and 
5. Limitation. The number of students who were unable to enroll in an online 
learning program or course because of space limitation. 
Sec. 5. Department of Education review of online learning initiatives; 
report; additional necessary implementing legislation. In establishing the Maine 
Online Learning Program under the Maine Revised Statutes, Title 20-A, chapter 802, the 
Department of Education shall review the online learning initiatives established in other 
states and jurisdictions, including the best practices established by these online learning 
initiatives related to funding, governance, approval requirements for online learning 
providers, teacher quality, assessment of student performance, accessibility of programs 
and materials for individuals with disabilities, alignment with accessible instructional 
materials provisions of the federal Individuals with Disabilities Education Improvement 
Act of 2004, Public Law 108-446, and alignment with the universal design provisions of 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "Ir" to S.P. 531, L.D. 1446 
the 1998 amendments to the federal Higher Education Act of 1965, Public Law 105-244. 
No later than January I, 2010, the Commissioner of Education shall submit to the Joint 
Standing Committee on Education and Cultural Affairs a report that contains findings, 
recommendations and any proposed legislation necessary to further the implementation of 
the Maine Online Learning Program. Following receipt and review of the report, the Joint 
Standing Committee on Education and Cultural Affairs may submit a bill to the Second 
Regular Session of the 124th Legislature.' 
SUMMARY 
This amendment replaces the bill and directs the Department of Education to 
establish the Maine Online Learning Program, which will provide high-quality 
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educational options for kindergalien to grade 12 students using online learning programs 
and courses, beginning no later than June 30, 2010. The amendment accomplishes the 
following. 
I. It clarifies the funding provisions of the bill, including removing the provision 
directing the Department of Education to establish a master contract agreement with 
approved online learning providers and requiring local school administrative units to 
enter into cooperative agreements based on the master contract agreement. 
2. It requires that all teachers who are employed by the online learning provider and 
who provide instruction to students must holda valid teaching certificate in each content 
area being taught or they must receive approval from the Commissioner of Education to 
teach in the online learning program. 
3. 
It allows school administrative units to develop agreements to access online 
learning programs or courses offered by other school administrative units. 
4. It requires that the Department of Education consider the accessibility of online 
programs and materials for individuals with disabilities as part of the department's review 
of online learning initiatives in other states and jurisdictions. 
5. 
It provides that the online learning program must comply with the State's 
government information technology accessibility policies and standards. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Fiscal Detail and Notes 
Approved: OS/24/09 
~aC!. 
LD 1446 
LR 1488(02) 
An Act To Create the Maine Online Learning Program 
Fiscal Notefor Bill as Amended by Committee Amendment ,A" 
Committee: Education and Cultural Affairs 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Additional costs to the Department of Education to establish the Maine Online Learning Program can be absorbed 
within existing budgeted resources. 
LR 1488(02) - Fiscal Note - Page 1 of I 
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