An Act To Establish a Process for the Implementation of Universal Voluntary Prekindergarten Education
Maine Legislature, Session 126, LD 1530
Committee: Education and Cultural Affairs
Sponsors: GOODALL, LANGLEY, ALFOND
Amends: 20-A MRSA §405, 20-A MRSA §3271, 20-A MRSA §3272, 20-A MRSA §4501, 20-A MRSA §4502, 20-A MRSA §5001-A, 20-A MRSA §5051-A, 20-A MRSA §15697

Legislative Document 
No. 1530 
S.P. 577 
In Senate, May 9, 2013 
An Act To Establish a Process for the Implementation of Universal 
Voluntary Prekindergarten Education 
Reference to the Committee on Education and Cultural Affairs suggested and ordered 
printed. 
DAREK M. GRANT 
Secretary of the Senate 
Presented by Senator GOODALL of Sagadahoc. 
Cosponsored by Senator LANGLEY of Hancock and 
Senator: President ALFOND of Cumberland. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  20-A MRSA §405, sub-§3, ¶T, as enacted by PL 1995, c. 395, Pt. J, §4, 
is amended to read: 
T.  Establish and maintain a 5-year plan for education that includes goals and policies 
for the education of children in kindergarten and grades one from prekindergarten to 
grade 12 and that promotes services for preschool children.  The plan must 
incorporate and build upon the work of the Task Force on Learning Results, 
established in Public Law 1993, chapter 290 and the federal GOALS 2000:  Educate 
America Act; 
Sec. 2.  20-A MRSA §3271, sub-§1, as enacted by PL 1985, c. 490, §8, is 
amended to read: 
1.  Required attendance.  Persons residing in the unorganized territory who are at 
least 7 years of age, or beginning July 1, 2016 who are at least 5 years of age unless they 
participate in alternative instruction programs, and under 17 years of age shall attend a 
public day elementary or secondary school or an approved private school during the time 
it is in session. 
Sec. 3.  20-A MRSA §3272, sub-§2, ¶B, as corrected by RR 2011, c. 2, §17, is 
amended to read: 
B.  The person is required to attend school or alternative instruction and is at least 7 
years of age, or beginning July 1, 2016 the person is at least 5 years of age unless the 
person participates in an alternative instruction program, and has not completed grade 
under this chapter and has the equivalent of 7 full days of unexcused absences or 5 
consecutive school days of unexcused absences during a school year. 
Sec. 4.  20-A MRSA §4501, as amended by PL 2007, c. 141, §6, is further 
amended to read: 
§4501.  Duty of school units 
In accordance with the policy expressed in section 2, every school administrative unit 
shall raise annually sufficient funds to maintain or support elementary and secondary 
schools to provide free education for its resident students at all grade levels. These 
schools shall meet the requirements of basic school approval.  School units that choose to 
offer a shall offer by the 2017-2018 school year an opportunity for every child 4 years of 
age residing in their districts to attend public preschool program must meet programs, or 
programs affiliated with the school units, meeting the requirements of basic school 
approval. 
The commissioner shall by rule establish a uniform common statewide screening and 
assessment for kindergarten, which must be used by all school administrative units 
beginning with the 2015-2016 school year.  The assessment must be designed to measure 
student comprehension of academic content and mastery of related skills and cover such 
areas as physical health and motor development; social and emotional development; 
learning styles; language and literacy; and general cognition.  Rules adopted pursuant to 
this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A. 
Sec. 5.  20-A MRSA §4502, sub-§9, as enacted by PL 2007, c. 141, §11, is 
amended to read: 
9.  Coordinated early childhood programs for children 4 years of age.  Any A 
school administrative unit that wishes to does not currently have a prekindergarten 
program shall develop an early childhood program a prekindergarten implementation plan 
for children 4 years of age must submit a proposal for submission to and approval to by 
the department by January 1, 2015.  Evaluation and approval of the proposal must include 
consideration of at least the following factors: 
A.  Demonstrated coordination with other early childhood programs in the 
community to maximize resources; 
B.  Consideration of the extended child care needs of working parents; and 
C.  Provision of public notice regarding the proposal to the community being served, 
including the extent to which public notice has been disseminated broadly to other 
early childhood programs in the community. 
Beginning in the 2014-2015 school year, the commissioner shall provide grants to school 
administrative units to implement or expand prekindergarten programs required under 
this subsection.  To qualify for a grant, a school administrative unit must submit a 
prekindergarten implementation plan to the department by January 1, 2015.  The 
commissioner shall adopt rules establishing criteria for the award of grants.  Rules 
adopted pursuant to this subsection are routine technical rules as defined in Title 5, 
chapter 375, subchapter 2-A.  Grants under this subsection may be funded from public or 
private funds made available for that purpose. 
Sec. 6.  20-A MRSA §5001-A, sub-§1, as enacted by PL 1983, c. 806, §49, is 
amended to read: 
1.  Requirement.  Persons 7 years of age or older, or beginning July 1, 2016 persons 
years of age or older unless they participate in home instruction programs, and under 17 
years of age shall attend a public day school during the time it is in regular session. 
Sec. 7.  20-A MRSA §5051-A, sub-§1, ¶C, as enacted by PL 2007, c. 304, §5, is 
amended to read: 
C.  Is at least 7 years of age, or beginning July 1, 2016 is at least 5 years of age unless 
the student participates in a home instruction program, and has not completed grade 6 
and has the equivalent of 7 full days of unexcused absences or 5 consecutive school 
days of unexcused absences during a school year. 
Sec. 8.  20-A MRSA §15697 is enacted to read: 
§15697.  Funding for prekindergarten 
A school administrative unit that receives funding under this chapter for 
prekindergarten purposes may not use those funds for purposes other than 
prekindergarten or early childhood education. 
Sec. 9.  Implementation of universal availability of prekindergarten 
education.  The Commissioner of Education, referred to in this section as "the 
commissioner," shall establish the Prekindergarten Stakeholder Group, referred to in this 
section as "the stakeholder group," to develop a plan for the phase-in of the universal 
availability of prekindergarten education beginning with the 2017-2018 school year. 
1.  Membership of stakeholder group.  The commissioner shall invite the 
participation of at least the following persons as members of the stakeholder group: 
A.  A representative of a regional school unit currently operating a successful 
prekindergarten education program; 
B.  A representative recommended by the Maine School Management Association; 
C.  A representative recommended by the Maine Education Association; 
D.  A representative of a school administrative unit with a successful prekindergarten 
education program; 
E.  A representative of a school administrative unit that does not operate a 
prekindergarten education program; 
F.  A representative of the Maine Children's Growth Council; 
G.  A representative of private early childhood education programs; 
H.  A representative of a nonprofit organization focusing on early childhood 
education; 
I.  A representative of an organization of parents and teachers; and 
J.  A representative of an organization of child care providers. 
2.  Duties of stakeholder group.  The stakeholder group shall work with the 
commissioner and other interested persons to: 
A.  Develop standards for a universal prekindergarten education program to be 
offered in schools in the State.  The standards must be based on best education 
practices and take into consideration the experience of school administrative units in 
the State and in other states in the provision of prekindergarten education.  Each 
school administrative unit must be required to provide a prekindergarten education 
program, but enrollment in the program must be voluntary; 
B.  Recommend to the commissioner standards and procedures for the common 
statewide screening of children for participation in prekindergarten and kindergarten 
education beginning with the 2015-2016 school year and procedures for the common 
statewide assessment of the performance of prekindergarten and kindergarten 
students beginning with the 2015-2016 school year; and 
C.  Develop and recommend best practices to align and coordinate early childhood 
education programs offered in schools in the State with child care providers in order 
to maximize educational and learning opportunities for children. 
3.  Report; legislation.  The Commissioner of Education shall submit a report to the 
Joint Standing Committee on Education and Cultural Affairs by January 15, 2014 
summarizing the work and recommendations of the stakeholder group and containing 
legislation to implement the recommendations of the stakeholder group.  The committee 
may submit a bill to the Second Regular Session of the 126th Legislature regarding the 
report. 
Sec. 10.  Appropriations and allocations.  The following appropriations and 
allocations are made. 
EDUCATION, DEPARTMENT OF  
PK-20, Adult Education and Federal Programs Team Z081 
Initiative: Provides funds for one Early Childhood Coordinator position and related all 
other costs beginning in fiscal year 2014-15. 
Prekindergarten Implementation Program N156 
Initiative: Provides funds for grants to local school administrative units to implement and 
expand prekindergarten programs. 
GENERAL FUND 
2013-14
2014-15
POSITIONS - LEGISLATIVE COUNT 
0.000
1.000
Personal Services 
$0
$71,619
All Other 
$0
$5,000
GENERAL FUND TOTAL 
$0
$76,619
GENERAL FUND 
2013-14
2014-15
All Other 
$0
$1,000,000
GENERAL FUND TOTAL 
$0
$1,000,000
EDUCATION, DEPARTMENT OF  
DEPARTMENT TOTALS 
2013-14
2014-15
GENERAL FUND 
$0
$1,076,619
DEPARTMENT TOTAL - ALL FUNDS 
$0
$1,076,619
SUMMARY 
This bill requires implementation of universal voluntary prekindergarten education by 
the 2017-2018 school year.  The Commissioner of Education is required to establish a 
stakeholder group to work with the commissioner and interested parties to establish a 
plan to implement the requirement.  The stakeholder group is required to develop 
standards for prekindergarten education programs, recommend uniform statewide 
procedures for screening children and assessing program performance and recommend 
best practices to coordinate early childhood education programs with child care providers.  
The commissioner is required to submit a report of the work of the stakeholder group to 
the Joint Standing Committee on Education and Cultural Affairs by January 15, 2014, 
and the committee is authorized to submit a bill to the Second Regular Session of the 
126th Legislature regarding the report.  The bill also clarifies the role of the State Board 
of Education with regard to prekindergarten education, changes the compulsory age for 
school attendance from 7 years of age to 5 years of age beginning July 1, 2016 and 
provides that funding provided to a school administrative unit for prekindergarten 
purposes may not be used for other purposes.  The bill provides that the Commissioner of 
Education must provide implementation grants and provides funds for those grants and 
for a position in the Department of Education to oversee early childhood education 
programs.