An Act To Improve the Evaluation of Public Schools
Maine Legislature, Session 127, LD 1253
Committee Amendment CA_B_H658 (House)
Amends: 20-A MRSA §6214

COMMITTEE AMENDMENT "B " to H.P. 853, L.D. 1253, Bill, "An Act To 
Improve the Evaluation of Public Schools" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Improve the Evaluation of Elementary and Secondary Schools' 
Amend the bill by striking out everything after the enacting clause and inserting the 
following: 
'Sec. 1. 20-A MRSA §6214 is enacted to read: 
§6214. School accountability system; annual reports 
Beginning with the 2018-2019 school year, for public schools, public charter schools 
and private schools approved for tuition purposes that enroll at least 60% publicly funded 
students, the commissioner shall implement a school accountability system to measure 
school performance and student proficiency in achieving the knowledge and skills 
described in the parameters for essential instruction and graduation requirements 
established under section 6209, subsection 2 and that meets the reporting requirements of 
the federal Every Student Succeeds Act of 2015, 20 United States Code, Section 6311 (h) 
and related regulations. 
1. Performance and proficiency measures. The measures of school performance 
and student proficiency for the school accountability system implemented under this 
section must include multiple measures of student achievement and: 
A. Align with the components of the state accountability system required to ensure 
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equity in educational opportunity by the federal Every Student Succeeds Act of 2015, 
United States Code, Section 631 l(c) and related regulations; 
B. Use measures of student proficiency in all content areas of the learning results and 
the guiding principles using data gathered under section 4722-A, subsection 5; 
C. Use a 6-year adjusted cohort graduation rate as the broadest allowable time frame 
for high school graduation rates; 
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COMMITTEE AMENDMEN~ "to H.P. 853, L.D. 1253 
D. 
As available, use measures of postsecondary readiness, persistence and 
completion; 
E. Establish a school administrative unit's eligibility and priority for targeted state 
funding for school improvement and support under section 15688-A, subsection 5 
and other applicable targeted funds authorized under section 15688-A; and 
F. May include, but are not limited to, the use of: 
(1) 
Summative assessments aligned with the grade-level expectations of the 
parameters for essential instruction and graduation requirements established 
under section 6209, subsection 2; 
(2) Interim assessments that measure student growth over time; and 
(3) Information from the state assessment program under section 6204 on student 
achievement reported by the department in compliance with applicable federal 
statutes and regulations regarding student assessment. 
2. Annual reports. As provided in the federal Every Student Succeeds Act of 2015, 
United States Code, Section 6311 (h), the commissioner shall annually report the 
statewide and school-level results of the school accountability system implemented under 
this section with regard to the performance of schools and the proficiency of students in 
each of the State's elementary and secondary schools. 
A. The commissioner shall provide each school with a profile of school performance 
and student proficiency based upon data from the school accountability system. 
B. When a report is made under this subsection for purposes of comparative analysis 
of elementary and secondary schools, the reporting mechanisms and the categories 
reported must be uniform for each school compared at the elementary level or the 
secondary level. 
C. Notwithstanding any other provision of this section, the commissioner may not 
provide a report of the statewide or school-level results of the school accountability 
system until the final adoption of rules in accordance with subsection 3. 
3. Rules. The department shall adopt rules to implement the school accountability 
system established pursuant to this section. The rules adopted by the department must 
specify the methods to be used as part of the annual assessment of the performance of 
elementary and secondary schools and the proficiency of elementary and secondary 
school students. Rules adopted pursuant to this subsection are major substantive rules as 
defined in Title 5, chapter 375, subchapter 2-A~ 
Nothing in this section may be construed to prevent or inhibit the department from 
providing annual reports of the results of the state assessment program required by 
section 6204 to comply with the federal statutes and regulations pertaining to student 
assessment. 
Sec. 2. 
Developing state plan for school accountability system. 
The 
Department of Education is designated as the state educational agency responsible for 
carrying out the State's obligations under the federal Every Student Succeeds Act of 2015, 
United States Code, Section 631 l(a), including consulting with a state committee of 
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COMMITTEE AMEND MEN~" to H.P. 853, L.D. 1253 
practitioners established in accordance with 20 United States Code, Section 6573(b) to 
develop and monitor the implementation of the state plans to be filed with the United 
States Secretary of Education for compliance with federal law and regulations related to 
the eligibility of state educational agencies to be awarded federal grants pursuant to 20 
United States Code, Section 63ll(a). In order to facilitate the development of a school 
accountability system pursuant to the Maine Revised Statutes, Title 20-A, section 6214 to 
evaluate and rate the performance of schools in the State in accordance with the 
applicable federal statutes and regulations pertaining to the development of a state plan 
that describes a statewide accountability system that includes school-level results under 
United States Code, Section 6311, the Department of Education shall consult with the 
representatives of the entities and stakeholders in the school accountability work group in 
subsection 1 who must be included among the interested parties described in 20 United 
States Code, Section 631 l(a)(l )(A) and shall serve as members of the committee of 
practitioners established in accordance with 20 United States Code, Section 6573(b ). 
1. The Department of Education shall appoint a school accountability work group to 
develop a school accountability system in accordance with this section, which must 
include, but is not limited to, representatives of the following entities and stakeholders: 
A. Department of Education; 
B. State Board of Education; 
C. Teachers; 
D. Principals; 
E. Parents; 
F. Education Research Institute, established under Title 20-A, section 10; 
G. Students; 
H. School boards; 
I. Superintendents; 
J. Special education administrators; and 
K. Curriculum leaders. 
2. The school accountability system considered by the work group must include, but 
is not limited to, the following elements: 
A. Accurate measures of student progress over at least 3 years; 
B. Rates of postsecondary school attendance and enlistment in the United States 
Armed Forces over at least 3 years; 
C. A peer group comparison that takes into account, but is not limited to, utilization 
of special education services, the number of students eligible for free or reduced-price 
meals, local and county unemployment data and median household income; 
D. Attendance rates; 
E. Graduation rates; and 
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COMMITTEE AMENDMEN~" to H.P. 853, L.D. 1253 
F. 
Interviews with parents of students, members of governing boards of school 
administrative units, teachers and other education leaders about the overall school 
environment. 
3. The school accountability system may not use a bell curve, and a school may not 
be penalized because of the failure of students to take certain standardized tests. 
4. The work group group shall provide opportunities for the public and interested 
parties to provide input regarding the development of the school accountability system 
and shall give notice to the public and interested parties of the work group's meetings 
during which the public may provide information or feedback on the proposed models 
under consideration by the work group. 
5. The work group shall review the requirements of the Maine Revised Statutes, Title 
20-A, chapter 222 and the school accountability systems that have been implemented in 
other states and jurisdictions and shall develop a school accountability system that will 
best serve the academic and developmental needs of students in this State. 
6. The Commissioner of Education shall submit an interim report on the review 
required by subsection 5 and a final report on the review required by subsection 5 to the 
joint standing committee of the Legislature having jurisdiction over education matters no 
later than January 15, 2017. The report must include the work group's findings and 
recommendations and any necessary legislation regarding the implementation of a school 
accountability system. The committee is authorized to report out a bill to the First 
Regular Session of the I 28th Legislature related to the recommendations included in this 
report. 
Nothing in this section may be construed to prevent or inhibit the Department of 
Education from developing a school accountability system pursuant to the Maine Revised 
Statutes, Title 20-A, section 6214 to evaluate and rate the performance of schools in the 
State in accordance with the applicable federa!l statutes and regulations pertaining to the 
development of a state plan that describes a statewide accountability system that includes 
school-level results under the federal Every Student Succeeds Act of 2015, 20 United 
States Code, Section 63ll(h). 
Sec. 3. Rules. In adopting the rules required under the Maine Revised Statutes, 
Title 20-A, section 6214 related to implementing a school accountability system 
consistent with the requirements of Title 20-A, chapter 222, the Department of Education 
shall adopt rules that are consistent with the recommendations of the work group 
convened under section 2 submitted as part of the report required under section 2, 
subsection 6. The department shall file provisionally adopted major substantive rules 
with the Legislature by the January 5, 2018 statutory deadline for the submission of major 
substantive rules to be reviewed by the Legislature.' 
SUMMARY 
This amendment replaces the bill, which is a concept draft, with language that does 
the following: 
1. It provides that, beginning with the 2018-2019 school year and only after the 
adoption of major substantive rules by the Department of Education, for public schools, 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMEN~" to H.P. 853, L.D. 1253 
public charter schools and private schools approved for tuition purposes that emoll at 
least 60% publicly funded students, the Commissioner of Education shall implement a 
school accountability system to measure school performance and student proficiency in 
achieving the knowledge and skills described in the parameters for essential instruction 
and graduation requirements established under the Maine Revised Statutes, Title 20-A, 
section 6209, subsection 2. The measures of school performance and student proficiency 
for the school accountability system must also: 
A. Align with components of the state accountability system required to ensure 
equity in educational opportunity; 
B. Use data gathered related to measures of student proficiency in all content areas 
of the learning results and the guiding principles; and 
C. Use a 6-year adjusted cohort graduation rate as the broadest allowable time frame 
for high school graduation rates; 
2. It provides that, notwithstanding any other provisions of Title 20-A, chapter 222, 
the commissioner may not provide a report of the statewide or school-level results of the 
school accountability system until the final adoption of department rules adopted in 
accordance with Title 20-A, section 6214, subsection 3. It provides that the rules must be 
consistent with the recommendations reported by the work group established in this 
amendment. It also provides that this law may not be construed to prevent or inhibit the 
department from providing reports to comply with the federal statutes and regulations 
pertaining to student assessment, as required by the federal Every Student Succeeds Act 
of 2015 and related regulations; 
3. 
It directs the commissioner to convene a work group to review school 
accountability systems that have been implemented in other states and to develop a 
system to evaluate and rate the performance of schools in this State; 
4. 
It provides that the commissioner must report the work group's findings, 
recommendations and any necessary legislation with respect to the implementation of a 
school accountability system to the joint standing committee of the Legislature having 
jurisdiction over education matters no later than January 15, 2017 and authorizes the joint 
standing committee to report out a bill to the First Regular Session of the 128th 
Legislature related to the recommendations included in this report; and 
5. It provides that the department must file provisionally adopted major substantive 
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rules by January 5, 2018 to implement the school accountability system and that the rules 
must specify the methods to be used as part of the annual assessment of the performance 
of elementary and secondary schools and the proficiency of elementary and secondary 
school students beginning with the 2018-2019 school year. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
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Revised: 04/05/16 feae':.. 
LD 1253 
LR 1798(05) 
An Act To Improve the Evaluation of Elementary and Secondary Schools 
Fiscal Note for Bill as Amended by Committee Amendment :!3 C H-/tJ 58 \ 
Committee: Education and Cultural Affairs 
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Fiscal Note Required: Yes 
Fiscal Note 
Potential future biennium cost increase - General Fund 
Fiscal Detail and Notes 
The legislation requires the Department of Education to develop and implement a school accountability system to 
measure school performance and student proficiency beginning with the 2018-2019 school year and to provide an 
annual report of the statewide and school-level results ofthe performance of schools and proficiency of students in 
each of the State's elementary and secondary schools that meet the reporting requirements of the federal Every Studer, 
Succeeds Act of 2015, 20 United States Code, Chapter 70 and related regulations. According to the Department, 
accountability reporting requirements for the Every Student Succeeds Act (ESSA) have not yet been established so the 
department does not know if the requirements in this legislation exceed what will be required on the federal level. 
Any requirements that go beyond what is required under ESSA can not be funded with federal dollars and will require 
General Fund support in order to be completed. 
LRl 798(05) - Fiscal Note - Page 1 of 1