An Act To Delay Any New Statewide Assessment Test
Maine Legislature, Session 127, LD 1459
Committee: Education and Cultural Affairs
Sponsors: ESPLING, BRAKEY, FREDETTE, GIDEON, HANLEY, MAKER, O'CONNOR, TUELL

Legislative Document 
No. 1459 
H.P. 1000 
House of Representatives, November 30, 2015 
An Act To Delay Any New Statewide Assessment Test 
(EMERGENCY) 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203. 
Received by the Clerk of the House on November 23, 2015.  Referred to the Committee on 
Education and Cultural Affairs pursuant to Joint Rule 308.2 and ordered printed pursuant to 
Joint Rule 401. 
ROBERT B. HUNT 
Clerk 
Presented by Representative ESPLING of New Gloucester. 
Cosponsored by Senator BRAKEY of Androscoggin and 
Representatives: FREDETTE of Newport, GIDEON of Freeport, HANLEY of Pittston, 
MAKER of Calais, McCABE of Skowhegan, O'CONNOR of Berwick, TUELL of East 
Machias. 
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, Private and Special Law 2015, chapter 10, section 1 required the 
Department of Education to adopt a new method of educational assessment for the 2015-
2016 school year; and 
Whereas, there is insufficient time for all school administrative units to implement a 
new method of educational assessment for the 2015-2016 school year; and 
Whereas, the 2015-2016 school year will end prior to the expiration of the 90-day 
period; 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.  P&SL 2015, c. 10, §1 is amended to read: 
Sec. 1.  Department of Education to adopt educational assessment that 
does not collect personal student data. On the effective date of this section, the 
Department of Education shall terminate the State's membership in the Smarter Balanced 
Assessment Consortium and the use of the Smarter Balanced Assessment used to assess 
student achievement in the 2014-2015 school year. The department shall adopt a method 
of educational assessment pursuant to the Maine Revised Statutes, Title 20-A, section 
6202 for the 2015-2016 school year and each school year thereafter that complies with 
federal law but does not collect or disseminate personal data and attributes of students, 
such as attitudes, values, motivations, stereotypes and feelings. The method of assessment 
must be selected with direct input from education stakeholders and must specifically 
address the needs of students and citizens of the State. Prior to the 2016-2017 school 
year, the department may not require a school administrative unit to implement the 
method of educational assessment adopted by the department pursuant to this section.  
For the 2015-2016 school year, a school administrative unit may implement the method 
of educational assessment adopted by the department pursuant to this section. 
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
SUMMARY 
This bill delays by one year the implementation of any assessment test chosen by the 
Department of Education to replace the Smarter Balanced Assessment but allows schools 
to voluntarily implement the new test for the 2015-2016 school year.