An Act To Add 10 Days to the School Year and To Require Daily Physical Exercise for All School Children
Maine Legislature, Session 124, LD 0610
Committee: Education and Cultural Affairs
Sponsors: MILLS
Amends: 20-A MRSA §4801, 20-A MRSA §5001-A, 20-A MRSA §13507-A, 20-A MRSA §15689

Legislative Document 
No. 610 
S.P.225 
In Senate, February 17,2009 
An Act To Add 10 Days to the School Year and To Require Daily 
Physical Exercise for All School Children 
Reference to the Committee on Education and Cultural Affairs suggested and ordered 
printed. 
Presented by Senator MILLS of Somerset. 
Printed on recycled paper 
9tf)(J~ 
JOY J. O'BRIEN 
Secretary of the Senate 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 20-A MRS A §4710 is enacted to r,ead: 
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§4710. Physical education 
1. Daily physical education. Beginning in the 2009-2010 school year, each school 
shall provide a period of physic~!l education daily. On a day when there is inclement 
weather or unplanned circumstances have shortened the school day, the school may elect 
not to provide for physical education. A student· who has a medical condition that 
precludes participation in the physical education required under this subsection is exempt 
from the requirements of this subsection. 
2. Physical evaluation program. Beginning in the 2009-2010 school year, each 
school shall provide a program of physical evaluation of each student that includes 
identification of that student's body-mass index, pulse rate and blood pressure and 
evaluates the student's endurance and muscle capacity to perform a series of physical 
tasks and exercises. A student who has a medical condition that precludes participation in 
the physical evaluation required under this subsection is exempt from the requirements of 
this subsection. 
Sec. 2. 20-A MRSA §4801, sub-§l, as amended by PL 2005, c. 662, Pt. A, §10, 
is further amended to read: 
1. Number. A school administrative unit shall make provision for the maintenance 
of all of its schools for at least +&G 190 days a year. At least -l-+.§. 185 days -shalt must be 
used for instruction. In meeting the requirement of a 1 gO day 190-day school year, no 
more than 5 days may be used for in-service education of teachers, administrative 
meetings, parent-teacher conferences, records' days and similar activities. 
A. 
The commissioner may reduce or waive the minimum number of days required 
on application from a school board. The application must be supported in writing 
with a statement of the reasons for the request. 
B. 
Notwithstimding any other section of the statutes, school committees, with the 
approval of the commissioner, may adopt or amend rules necessary to implement an 
extended school year at the local level. The commissioner may make appropriate 
adjustments, not to exceed the allowable subsidy, to insure fair and equitable 
treatment in the distribution of state aid. 
C. 
Notwithstanding this subsection, the commissioner shall promulgate adopt a rule 
to provide that local school units may allow secondary school students to graduate up 
to 5 school days prior to the regular end of the school year. 
D. 
A school administrative uriit, operating under a plan approved by the 
commissioner, may provide for the use of up to 5 of the -l-+.§. 185 instructional days 
required by this section to be used for screening 'incoming first year students for the 
purpose of identifying children with disabilIties' and students at risk of school failure 
as required by state or federal law. 
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E. 
Notwithstanding this subsection and any other provision of law, for school years 
1991-92 and 1992-93, a school administrative unit may reduce the number of days 
for the maintenance of all its schools by 5 days a year. A school administrative unit 
that decides to reduce the number of school days for school year 1991-92 or 1992-93, 
or both, shall notify the commissioner in writing of its plan. 
Sec. 3. 20-A MRSA §5001-A, sub-§3, fjfA, as amended by PL 2007, c. 111, §1, 
is further amended to read: 
A. Equivalent instruction alternatives are as follows. 
(1) A person is excused from attending a public day school if the person obtains 
equivalent instruction in: 
(a) A private school approved for attendance purposes purSUfult to section 
2901; 
(b) A private school recognized by the department as providing equivalent 
instruction; 
(c-l) A home instruction program that complies with the requirements of 
subparagraph (4); or 
(d) Any other manner arranged for by the school board and approved by the 
commissioner. 
(2) A student is credited with attendance at a private school only if a certificate 
showing the name, residence and attendance of the person at the school, signed 
by the person or persons in charge of the school, has been filed with the school 
officials of the administrative unit in which the student resides. 
(4) The following provisions govern a home instruction program. 
(a) The student's parent or guardian shall provide a written notice of intent to 
provide home instruction simultaneously to the school officials of the 
administrative unit in which the student resides and to the commissioner 
within 10 calendar days of the beginning of home instruction. The notice 
must contain the following information: 
(i) The name, signature and address of the student's parent or guardian; 
(ii) The name and age of the student; 
(iii) The date the home instruction program will begin; 
(iv) 
A statement of assurance that indicates the home instruction 
program will provide at least .J..+$. 185 days annually of instruction and 
will provide instruction in the following subject areas: 
English and 
language arts, math, science, social studies, physical education, health 
education, library skills, fme arts and, in at least one grade from grade 6 
to 12, Maine studies. At one grade level from grade 7 to 12, the student 
will demonstrate proficiency in the use of computers; and 
(v) A statement of assurance that indicates that the home instruction 
program will include an annual assessment of the student's academic 
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progress,that inch,ldesat least one of the forms of assessm~nt described in 
division (b). 
(b) On or b~foreSeptember 1st of each subsequent year of home instruction, 
the student's parent or guardian shall file a letter with the schoolofficials of 
the administrative uhit in which the student resides and the commissioner 
stating the intention to co.ntinue providing home instruction and enclose a 
copy of one of the following forms of annual assessment of the student's 
academic progress: 
(i) 
A 
standardized achievement test 
administered through the 
administrative. unit in which. the student resides or through other 
arrangements approved by the commissioner. If the test is administered 
through the administrative unit in which the student resides, that 
administration must be agreed to by the school officials of the 
administrative unit prior to submission of the written notice of intent to 
. provide home instruction; 
(ii) A test developed by the school officials of the administrative unit in 
which the student resides appropriate to the student's home instruction 
program, which must be agreed to by the. school officials of the 
administrative unit prior to submission of the written notice of intent to 
provide home instruction;' 
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(iii) A review and acceptance of the student's progress by an identified 
individual who holds 'a current Maine teacher's certificate; 
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(iv) A review and acceptance of the student's progress based on, but not 
limited to, a presentation of an educational portfolio of the student to a 
local area homeschooling support group whose membership for this 
purpose mcludes a currently certified Maine teacher or administrator; or 
(v) A review and a~ceptance oftli~ studen:t's progress by a local advis'ory 
board selected by the superintendent of the administrative unit in which 
the student resides that includes one administrative unit employee and 2 
home instruction tutors. For the purpose of this subdivision, a "home 
instruction tutor" means the parent, guardian or other person who acts or 
will . aCt as a primary teacher of the student in the home instruction 
program. This provision must be agreed to by the school officials of the 
administrative unit in which the student resides prior to submission ofthe 
written notice of intent to provide home instruction. 
( c) 
Dissemination of any infotmation filed under this subparagraph is 
. governed by the provisions of section 6001; the federal Family Educational 
Rights 'and Privacy Act of 1974, 20 United States Code, Section l232g 
(2002); and the federal Education for All Handicapped Children Act of 1975, 
United States Code, Sections 1401 to 1487 (2002), except that "directory 
. information," as defmed by the federal Family Educational Rights and 
'. Privacy Act 'of 1974, is confidential and is not subject to public disclosure 
_. unless the parent or guardian specifically permits disclosure in writing or a 
judge orders otherwise. ., Copies of the information filed under this 
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subparagraph must be maintained by the student's parent or guardian until the 
home instruction program concludes. The records must be made available to 
the commissioner upon request. 
(d) If the home instruction program is discontinued, students of compulsory 
school age must be enrolled in a public school or an equivalent instruction 
alternative as provided for in this paragraph. The receiving school shall 
determine the placement of the student. At the secondary level, the principal 
of the receiving school shall determine the value of the prior educational 
experience toward meeting the standards of the system of learning results as 
established in section 6209. 
Sec. 4. 20-A MRSA §13507-A, sub-§2, as amended by PL 2007, c. 466, Pt. A, 
§39, is further amended to read: 
2. 
Minimums. Notwithstanding any other provlSlon of law, the State and the 
bargaining agent for state teachers in state-operated schools and related classifications 
shall at a minimum, in accordance with bargaining procedures set forth in Title 26, 
chapter 9-B, negotiate as to the impact of implementation of sections 13405 and 13406. 
The negotiations must be limited to salaries. Minimum salaries established by those 
negotiations must be based upon a 180 day 190-day school year and must be 
proportionately higher for positions whose incumbents work for longer terms. 
Negotiations must establish pay schedules that enable the State to be competitive with 
local school administrative units in recruitment and retention with regard to teachers and 
related classifications. 
The term "teachers and related classifications" includes any 
classification in State Government that is a teaching classification, requires professional 
work in or around the classroom setting or is within the career ladder of the 
classifications by virtue of its relationship to educational supervision or programming. 
Sec. 5. 20-A MRSA §15689, sub-§5, ~, as enacted by PL 2005, c. 2, Pt. D, §60 
and affected by §§72 and 74 and c. 12, Pt. WW, §18, is amended to read: 
B. 
The rate of reimbursement per student may not exceed the state average tuition 
rates in effect during the year of placement as computed under sections 5804 and 
5805. The tuition rates must be computed based on the state average secondary 
tuition rate and may be adjusted if the program is approved to operate beyond the 
gO ell],'" 190-day school year. 
SUMMARY 
This bill: 
1. Requires that schools provide physical education to students daily; 
2. Requires that schools provide a program of physical evaluation of each student; 
and 
3. Increases by 10 days the required annual number of school days.