An Act To Allow Schools To Adopt Approved Alternative Curricula
Maine Legislature, Session 125, LD 1388
Committee: Education and Cultural Affairs
Sponsors: CASAVANT, SULLIVAN, BOLDUC, HOGAN, JOHNSON, PRIEST, RANKIN, WAGNER
Amends: 20-A MRSA §8

Legislative Document 
No. 1388 
H.P. 1021 
House of Representatives, April 4, 2011 
An Act To Allow Schools To Adopt Approved Alternative Curricula 
Reference to the Committee on Education and Cultural Affairs suggested and ordered 
printed. 
HEATHER J.R. PRIEST 
Clerk 
Presented by Representative CASAVANT of Biddeford. 
Cosponsored by Senator SULLIVAN of York and 
Representatives: BOLDUC of Auburn, HOGAN of Old Orchard Beach, JOHNSON of 
Greenville, PRIEST of Brunswick, RANKIN of Hiram, WAGNER of Lewiston. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  20-A MRSA §8, as enacted by PL 1991, c. 407, §1, is amended to read: 
§8.  Restructuring public schools 
The commissioner shall encourage school administrative units to collaborate with 
approved private schools and postsecondary institutions of higher education in the State 
to pursue an ongoing process of school restructuring as a means of more effectively 
meeting the learning needs and improving the academic performance of all students.  The 
approved private schools and the public and private postsecondary institutions of higher 
education in the State are urged to cooperate with the department, the state board and 
school administrative units to provide appropriate and timely exemplary curriculum 
design, professional development programs and other support services to educators 
employed in public schools engaged in school restructuring efforts. 
1.  School restructuring.  For the purposes of this section, the term "school 
restructuring" means the process by which schools and communities make significant 
changes in the existing school structure, including the mission, curriculum, instructional 
strategies, policies, roles, relationships and schedules that influence teaching and learning 
in the school.  School restructuring recognizes the critical educational role of technology 
and integrates technology and technological systems in the classroom, in school 
governance and in school record keeping.  School restructuring is based on: 
A.    The development of comprehensive educational goals establishing community 
expectations for what all students should know, the skills they should possess, the 
attitude toward work and learning they should hold upon completing school and the 
role of the school in the community; 
B.    A formal appraisal of the basic structures that govern operation of the school; 
and 
C.    A commitment to revise the basic school structure to achieve the comprehensive 
educational goals. 
School restructuring, which is most effectively carried out at the local level, depends on 
community and educator involvement and approval and student participation.  School 
restructuring includes consideration of changing roles for parents, students, teachers, 
administrators, support staff, private school educators and officials, postsecondary 
education institutions and officials, and various segments of the community.  It may 
include a significantly broadened role for schools. 
School restructuring may include schools and, school administrative units and approved 
private schools combining efforts to cooperatively pursue restructuring activities.  When 
that occurs, one or more schools or units may be designated as demonstration sites. 
2.  Waiver of rules for local schools.  A school administrative unit undergoing 
school restructuring may request that the commissioner waive the application of specific 
rules to that unit, or to certain schools in that unit, if such action is necessary to achieve 
school restructuring.  A school administrative unit that is undergoing school restructuring 
at the middle school or high school level may request a waiver of the rule requirements 
related to the system of learning results established in section 6209 if such action is 
necessary to achieve school restructuring and an alternative curriculum framework 
proposed for the school administrative unit's school restructuring differs from, but does 
not conflict with, the rules under the system of learning results established in section 
6209.  The commissioner shall grant a waiver if the requesting unit, as determined by the 
commissioner, has: 
A.    Demonstrated that one or more state rules prevent or seriously handicap the 
unit's pursuit of its restructuring goals; 
B.    Demonstrated that reasonable steps have been taken to provide the safeguards 
offered by the rules in question to allow continued educational progress by students 
and protect the continuity and integrity of the unit and employees of that unit; 
C.    Provided evidence that the necessary resources and community and staff support 
are present to ensure that the restructuring changes requiring the waiver stand a 
reasonable chance of succeeding; 
D.    Informed any bargaining agent or agents representing affected school employees 
of the waiver request; and 
E.    Established a working relationship regarding professional development with an 
institution of higher education or a professional development service provider.; and 
F.  When seeking a waiver for school restructuring and an alternative curriculum 
framework for the middle school or high school level, established a working 
relationship regarding curriculum design, instructional strategies and professional 
development strategies with an approved private school to provide an alternative 
curriculum framework for the middle school or high school level, as applicable.  A 
request for waiver under the conditions of this paragraph must include documentation 
to substantiate the necessity of the alternative curriculum framework. 
The request for the waiver must include documentation to substantiate the conditions of 
this subsection.  If the request is denied, the commissioner shall provide the reasons for 
denying the request to the school administrative unit.  The decision of the commissioner 
may be appealed to the state board.  The decision of the state board is final. 
3.  Waiver of rules for educator preparation programs.  In order to prepare 
educators to work in restructuring schools, an educator preparation program may request 
that the state board waive the application of specific rules governing approval of that 
program.  The state board shall grant waiver requests if, in the board's opinion, the 
program has: 
A.    Demonstrated that the rules for which a waiver is requested prevent or seriously 
handicap the program in its pursuit of a plan to meet the educational needs of its 
students and the staffing needs of restructuring schools; 
B.    Demonstrated that reasonable steps have been taken to provide the safeguards 
offered by the rules in question to allow continued educational progress by students 
and protect the continuity and integrity of the program and employees of that 
program; 
C.    Provided evidence that the necessary resources and support from the governing 
body and staff of an institution of higher education are present to ensure that the 
changes requiring the waiver stand a reasonable chance of succeeding; 
D.    Informed any bargaining agent or agents representing affected program 
employees of the waiver request; and 
E.    Developed service, research and teaching relationships with one or more 
restructuring public schools. 
The request for the waiver must include documentation to substantiate the conditions of 
this subsection.  If the request is denied, the state board shall communicate the reasons for 
denying the request to the petitioning program. 
4.  Authority to contract.  Upon the approval of a request for a waiver of the rule 
requirements pursuant to subsection 2, paragraph F, a school administrative unit may 
contract with the governing body of an approved private school to implement any 
curriculum designs, instructional strategies and professional development strategies that 
are necessary to achieve school restructuring at the middle school or high school level. 
SUMMARY 
This bill amends the school restructuring statutes to encourage school administrative 
units to collaborate with approved private schools to develop alternative curriculum 
frameworks to achieve school restructuring at the middle school or high school level.  
The bill allows a school administrative unit that is undergoing restructuring at the middle 
school or high school level to request a waiver of the rule requiremments related to the 
system of learning results established in the Maine Revised Statutes, Title 20-A, section 
6209  if the waiver is necessary to achieve school restructuring and an alternative 
curriculum framework proposed for the school administrative unit's school restructuring 
differs from, but does not conflict with, the rules related to the system of learning results.