An Act To Establish a Pilot Physical Education Project in Four Maine Schools
Maine Legislature, Session 125, LD 1280
Committee: Education and Cultural Affairs
Sponsors: ROCHELO, ALFOND, BERRY, CASAVANT, GRAHAM, MALONEY, NASS, NELSON, PILON, RANKIN
Amends: 20-A MRSA §6631

Legislative Document 
No. 1280 
H.P. 939 
House of Representatives, March 23, 2011 
An Act To Establish a Pilot Physical Education Project in Four 
Maine Schools 
(EMERGENCY) 
Reference to the Committee on Education and Cultural Affairs suggested and ordered 
printed. 
HEATHER J.R. PRIEST 
Clerk 
Presented by Representative ROCHELO of Biddeford. 
Cosponsored by Senator ALFOND of Cumberland and 
Representatives: BERRY of Bowdoinham, CASAVANT of Biddeford, GRAHAM of North 
Yarmouth, MALONEY of Augusta, NASS of Acton, NELSON of Falmouth, PILON of Saco, 
RANKIN of Hiram. 
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, 1/3 of Maine youth are overweight or obese; and 
Whereas, obesity is the 3rd leading cause of preventable death in Maine; and 
Whereas, students in Maine schools receive far less physical education than 
students in most other states in the nation; and 
Whereas, the 2010 report to the Joint Standing Committee on Education and 
Cultural Affairs on the Physical Education Capacity of Elementary Schools submitted by 
the Department of Education pursuant to Public Law 2009, chapter 264 revealed that a 
student in grade 2 typically receives physical education instruction for one class per week 
for a period of approximately 36 minutes; and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore, 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  20-A MRSA §6631, sub-§1, as enacted by PL 2009, c. 264, §1, is 
amended to read: 
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 and the Department of Health and Human Services. 
Sec. 2.  20-A MRSA §6631, sub-§3, as enacted by PL 2009, c. 264, §1, is 
amended to read: 
3.  Use of fund; health and physical fitness.  Balances in the fund may be used for 
the necessary expenses of the department and the Department of Health and Human 
Services 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 program and for the 
implementation of a new physical education program for elementary schools. 
Sec. 3.  PE4ME planning and oversight team; reauthorization.  The 
Commissioner of Education, the Commissioner of Health and Human Services and the 
Maine Governor's Council on Physical Activity shall reconvene the planning and 
oversight team, known as "PE4ME," that was established pursuant to Resolve 2007, 
chapter 102.  The commissioners shall reappoint PE4ME members to further implement 
plans for improving the health and physical fitness of elementary school children in the 
State, including the implementation of a pilot project to demonstrate the efficacy of 
progressive practices involving physical education in elementary schools in accordance 
with this section. 
1. Reconvening PE4ME; subcommittees and staff support.  The commissioners 
shall reconvene PE4ME no later than 30 days after the effective date of this Act.  PE4ME 
may create subcommittees and seek assistance from outside the team membership in 
addressing its charge and meeting its responsibilities. The commissioners shall provide 
staff and technical assistance to PE4ME within existing resources. 
2. Charge; duties.  In further examining initiatives to improve the health, nutrition 
and physical fitness of elementary school children in the State, the commissioners' charge 
to PE4ME includes, but is not limited to, the following duties: 
A.  Reviewing the recommendations and implementation plan presented in the 
PE4ME report submitted to the Joint Standing Committee on Education and Cultural 
Affairs and the Joint Standing Committee on Health and Human Services in 
December 2007 pursuant to Resolve 2007, chapter 102; 
B.  Reviewing the findings, conclusions and recommendations presented in the 
Department of Education report submitted to the Joint Standing Committee on 
Education and Cultural Affairs in March 2010 pursuant to Public Law 2009, chapter 
264, section 2; and 
C.  Designing and implementing a pilot project in up to 4 elementary schools in the 
State to demonstrate the efficacy of fully implementing progressive practices 
involving physical education and health education and the coordination of reporting 
information regarding the health, fitness and academic performance of elementary 
school children. 
3. Pilot project; site selection; funding.  PE4ME shall invite elementary schools in 
the State to volunteer to participate in the pilot project.  PE4ME shall select up to 4 
elementary schools to serve as pilot project sites from among the elementary schools that 
volunteer to participate in the pilot project.  The pilot project must be conducted during 
the 2011-2012 school year.  The elementary schools selected for the pilot project must 
agree to cooperate with PE4ME in fully implementing PE4ME recommendations for 
students in kindergarten to grade 8, including meeting national guidelines for providing 
physical education instruction and physical activity each week, as well as reporting 
information regarding the health, fitness and academic performance of elementary school 
children.  The elementary schools selected as pilot sites also must participate in follow-up 
activities required by PE4ME to evaluate the pilot project following the end of the 
2011-2012 school year.  PE4ME may use funds available from the Obesity and Chronic 
Disease Fund established in the Maine Revised Statutes, Title 20-A, section 6631 to 
design, implement and evaluate the pilot project. 
4. Reports.  PE4ME shall prepare an interim report on the design and 
implementation of the pilot project established pursuant to this section and submit it to 
the Joint Standing Committee on Health and Human Services and the Joint Standing 
Committee on Education and Cultural Affairs no later than January 31, 2012.  PE4ME 
shall also prepare a final report on the completion of the pilot project established pursuant 
to this section and submit it to the joint standing committee of the Legislature having 
jurisdiction over health and human services matters and the joint standing committee of 
the Legislature having jurisdiction over education matters no later than January 31, 2013.  
The final report must include the findings and conclusions determined by PE4ME in 
evaluating the pilot project.  The final report also may include any recommendations for 
legislation that may be necessary to further implement PE4ME recommendations 
regarding changes needed to improve physical education instruction and opportunities for 
physical activity in elementary schools or other initiatives that are needed to promote 
improvements in the health, nutrition and physical fitness of elementary school children 
in the State. 
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
SUMMARY 
This bill implements the recommendations of the PE4ME planning and oversight 
team related to improving the health and physical fitness of elementary school children.  
The bill accomplishes the following.   
1.  It amends the provisions of the Obesity and Chronic Disease Fund to authorize the 
Department of Education and the Department of Health and Human Services to use 
resources allocated from this fund to develop improved physical education programs for 
elementary schools in the State. 
2.  It directs the Commissioner of Education, the Commissioner of Health and Human 
Services and the Maine Governor's Council on Physical Activity to reconvene the 
PE4ME planning and oversight team, established pursuant to Resolve 2007, chapter 102, 
to further implement plans for improving the health, nutrition and physical fitness of 
elementary school children in the State. 
3.  It directs the PE4ME planning and oversight team to design and implement a pilot 
project to demonstrate the efficacy of progressive practices involving physical education 
and health education in up to 4 elementary schools in the State.  The PE4ME planning 
and oversight team is required to submit an interim report to the Legislature's Joint 
Standing Committee on Education and Cultural Affairs and the Joint Standing Committee 
on Health and Human Services by January 31, 2012 and a final report to the joint 
standing committee of the Legislature having jurisdiction over health and human services 
matters and the joint standing committee of the Legislature having jurisdiction over 
education and cultural affairs by January 31, 2013.