An Act To Implement the Recommendations of the PE4ME Planning and Oversight Team
Maine Legislature, Session 124, LD 1407
Committee: Education and Cultural Affairs
Sponsors: BERRY, MILLS, CONNOR, MILLER, NELSON, PINGREE, RANKIN, STRANG BURGESS
Amends: 22 MRSA §263

Legislative Document 
No. 1407 
H.P.983 
House of Representatives, April 6, 2009 
An Act To Implement the Recommendations of the PE4ME 
Planning and Oversight Team 
Reference to the Committee on Education and Cultural Affairs suggested and ordered 
printed. 
Presented by Representative BERRY of Bowdoinham. 
Cosponsored by Senator MILLS of Somerset and 
'I7/~d; /h.1J?!LC~{' 
MILLICENT M.MacF ARLAND 
Clerk 
Representatives: CONNOR of Kennebunk, MILLER of Somerville, NELSON of Falmouth, 
Speaker PINGREE of North Haven, RANKIN of Hiram, STRANG BURGESS of Cumberland. 
Pril1led I,m n:L'yded paper 
Be it enacted by the People.ofthe State of Maine as follows: 
Sec. 1. 20-A MRSA c. 207-A, sub-c. 4 is enacted to read: 
SUBCHAPTER 4 
PHYSICAL EDUCATION 
§4731. Physical Education Program 
1. Program established. The Physical Education Program is established in the 
department. 
2. Definitions. As used in this subchapter, unless the context otherNise indicates, 
the following terms have the following meanings. 
A. 
"Participant" means a school or school administrative unit that participates 
voluntarily in the program. 
-B. 
"Physical activity" means bodily movement of any type that may incliJde 
recreational, fitness and sports activities such as jumping rope, playing soccer and 
lifting weights and daily activities such as walking, taking the stairs or raking leaves. 
Co "Physical education" means providing to a child, through appropriate instruction, 
meaningful and challenging content and physical activity, the skills and knowledge 
needed to establish and sustain an active and physically fit lifestyle. 
D. "Program" means the Physical Education Program established in subsection 1. . 
3. 
Program requirements. 
The. commISSIOner shall develop guidelines and 
requirements for the program, which must include requiring a participant to progress 
towards these goals within 3 years of participation: 
. A. Provide for all students at least 30 minutes per day of structured moderate to 
vigorous physical activity, which may include time in physical education instruction; 
B. Provide at least 150 minutes per week of physical education that is evidence-
based ,and health-related and teaches students motor and behavioral skills necessary 
to develop an active and physically fit lifestyle; 
C. Ensure that the physical education provided is taught by a teacher who has been 
certified in physical education under chapter 502; 
D. Grade physical education pursuant to section 4708 and report it in a manner 
consistent with all other subjects taken by a student; and 
E. Require a physical education teacher to attend a workshop on creating physical 
activity opportunities for all students, including methods to get students outside at all 
times of the year. 
4. 
Assessment and incentives. 
The commISSIOner shall regularly conduct an 
assessment to accurately determine the number of certified physical education teachers 
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available in the State and the number of physical education teachers necessary to 
. implement the program in every elementaIY school in the State. The commissioner shall 
develop and maintain a system of incentives to encourage recruitment of graduates of 
postsecondary institutions in the State for employment as physical education teachers in 
the State and for schools or school administrative units to participate in the program, with 
an additional financial incentive for early adoption or ongoing improvement of the 
program. 
§4732. Physical education evaluation 
1. 
Evaluation. 
The commissioner shall develop and implement an. evaluation 
system for the program. 
2. Infrastructure and content. The commissioner shall evaluate the infrastructure 
and content. of a physical education curriculum. for a participant every 3 years and· 
conduct separate evaluations for separate grade levels. The evaluation must review: 
A. 
The existing physical education infrastructure of the participant. including 
facilities, equipment and schedules for physical education in relation to the ratio of 
students to teachers, staff education and development opportunities for the staff; and 
B. The content of the physical education conducted by the pal1icipant and whether it 
comes close to best practices, including defined curriculum and curriculum elements, 
active time in class and activities that support lifelong physical activity. 
3. Impact. The impact of a physical education curriculum for the students of a 
participant must be evaluated in an interval and manner determined by the commissiorier 
that will allow the data to be reported per grade, school and administrative unit level on 
an individual or statewide basis. The evaluation under this subsection must be conducted 
by a physical education teacher through a fitness assessment of each student to review the 
health effects of the physical education curriculum oil the student including cardio-
respiratory fitness, strength, flexibility, body mass index, reported physical activity ·Ievels 
and knowledge and understanding of key physical activity concepts. 
4. 
Reporting to families. 
A participant shall report to the family of a student 
individual fitness data collected under subsection 3 conceming that student pursuant to 
the provisions of chapter 221, subchapter 1. 
. 
.. Small, rural or isolated schools. A participant that is a small, rural or isolated 
school or school administrative unit as determined by the commissioner may receive 
technical assistance or priority funding for equipment, training or development 
opportunities under the program. 
§4733. Rules 
The commIssIoner may adopt rules to can'y out the purposes of this subchapter. 
Rules adopted pursuant- to this section are routine techriical rules pursuant to Title 5, 
chapter 375, subchapter 2-A. 
Sec. 2. 22 MRSA §263 is enacted to read: 
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§263. 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. Physical education. 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 program of a participant and for the implementation of the 
program under Title 20-A, section 4731 and the necessary expenses of the department in 
the administration of this section. 
3. 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 
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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. 
4. Grants and other incentives. The department may disburse a grant or other 
incentive from the fund to a participant to carry out the purposes of subsection 2. 
5. Withholding.· The commissioner may withhold a disbursement from the fund 
from a participant, as defined in Title 20-A, section 4731, who does ,not conform to the 
provisions of Title 20-A, chapter 207-A, subchapter 4. 
6. Rules. The commissioner may adopt rules to carry out the purposes of this 
section. Rules adopted pursuant to this subsection are routine technical rules pursuant to 
Title 5, chapter 375; subchapter 2-A. 
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Sec. 3. Assessment. By January 15, 2010 the Commissioner of Ed!)cation shall 
conduct a statewide assessment to identify the current teacher capacity and future teacher 
needs to fulfill the purposes of ' this Act, current physical education capacities of every 
elementary school in the State and what evaluation tools are being used at the local level 
to evaluate physical education students and the success of the Physical Education 
Program established under the Maine Revised Statutes, Title 20-A, section 4731 and to 
perform a baseline fitness assessment of all elementary students of a participant of the 
program. 
As part of the assessment, the commissioner shall prepare a report for submission to 
the Joint Standing Committee on Education and Cultural Affairs and the Joint Standing 
Committee on Health and Human Services. The report must include a description of the 
physical education program in existence for the 2009-10 school year for each school in 
the State, including for each school: 
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; 
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3. The average minutes of recess or other opportunity for physical activity during 
school hours per week p,er student by grade; and 
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4. The physical plant, infrastructure and equipment in place to support the physical 
education program. 
A school administrative unit shall report to the commissioner data required by the 
commissioner to prepare an assessment under this section that will allow the assessmen·t 
to be reported by grade, school, school administrative unit and region. 
Sec. 4. 
Program implementation oversight. 
The PE4ME planning and 
oversight team, established pursuant to Public Law 2007, chapter] 02, shall oversee the 
implementation of the Physical Educa~ion Program established in the Maine Revised 
Statutes, Title 20-A, section 473] until 2015 and conduct at least 2 meetings per year to 
carry out the purposes of this Act. The PE4ME planning and oversight team shall submit 
a report pursuant to this section annually to the joint standing committee of the 
Legislature having jurisdiction over education matters. 
If the benchmark' under 
subsection 2 is not met, the PE4ME planning and oversight team shall recommend an 
immediate adjustment to the implementation schedule in this section to meet the 
benchmarks under subsections 3, 4 and 5. 
The Commissioner of Education shall 
endeavor to implement the Physical Education Program by obtaining the consent of all 
elementary schools in the State with the following benchmarks: 
l. By 2012, 15% of all elementary schools in the State; 
2. By 2013, 40% of all elementary schools in the State; 
3. By 2014, 65% of all elementary schools in the State; 
4. By 2015, 90% of all elementary schools in the State; and 
5. By 2016, 100% of all elementary schools in the State. 
Sec. 5. Funding resources. The Commissioner of Education shall explore federal 
. and other funding resources available for physical education meeting the guidelines 
established under the Maine Revised Statutes, Title 20-A; chapter 207-A, subchapter 4. 
SUMMARY 
This bill: 
1. Creates the Physical Education Program, which encourages elementary schools to 
implement a vigorous physical activity and physical education program involving 
equipment, teacher training and student physical assessments; 
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2. ' Requires evaluation standards for the Physical Education Program including 
evaluation of the infrastructure and content of the physical education curriculum of each 
elementary school in the program and the impact of this curriculum on the school's 
students and requires the Commissioner of Education to make a statewide assessment of 
the needs of elementary schools to meet the requirements of the program; 
3. Establishes the Obesity and Chronic Disease Fund under the administration of the 
Department of Health and Human Services to fund the Physical' Education Program 
inCluding equipment, staff training and personnel expenses of the schools to implement 
the program and to provide funds for obesity prevention and promoting healthy school 
env"ironments; and 
4. . Requires the Commissioner of Education to explore federal and other funding 
resources to fund the program. 
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