An Act Regarding Educational Standards for Maine Students
Maine Legislature, Session 127, LD 1396
Committee: Education and Cultural Affairs
Sponsors: GERRISH, EDGECOMB, ESPLING, FOLEY, HIGGINS, HOBART, TUELL, MASON
Amends: 20-A MRSA §4706, 20-A MRSA §6202, 20-A MRSA §6209

Legislative Document 
No. 1396 
H.P. 946 
House of Representatives, May 7, 2015 
An Act Regarding Educational Standards for Maine Students 
Reference to the Committee on Education and Cultural Affairs suggested and ordered 
printed. 
ROBERT B. HUNT 
Clerk 
Presented by Representative GERRISH of Lebanon. 
Cosponsored by Senator EDGECOMB of Aroostook and 
Representatives: ESPLING of New Gloucester, FOLEY of Wells, HIGGINS of Dover-
Foxcroft, HOBART of Bowdoinham, McCABE of Skowhegan, McCLELLAN of Raymond, 
TUELL of East Machias, Senator: MASON of Androscoggin. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  20-A MRSA §4706, sub-§2, as repealed and replaced by PL 2003, c. 510, 
Pt. B, §5, is amended to read: 
2.  Maine studies.  Maine history, including the Constitution of Maine, Maine 
geography and environment and the natural, industrial and economic resources of Maine 
and Maine's cultural and ethnic heritage, must be taught.  A required component of Maine 
studies is Maine Native American studies, which must be included in the review of 
content standards and performance indicators of the learning results conducted in 
accordance with section 6209, subsection 4.  The Maine Native American studies must 
address the following topics: 
A.  Maine tribal governments and political systems and their relationship with local, 
state, national and international governments; 
B.  Maine Native American cultural systems and the experience of Maine tribal 
people throughout history; 
C.  Maine Native American territories; and 
D.  Maine Native American economic systems. 
Sec. 2.  20-A MRSA §6202, sub-§3 is enacted to read: 
3.  College and career readiness.  The commissioner shall adopt a system of college 
and career readiness assessments, referred to in this section as "the assessments," to 
assess whether students upon graduating from high school are ready to enter college or a 
career.  The commissioner shall convene a commission that includes teachers, college or 
university professors, parents, school board members, national experts, state experts and 
education consultants to provide advice, guidance and recommendations for the 
alignment of content standards to the assessments and the design of the examinations 
included in the assessments.  The assessments must be approved by the state board and 
the Education Coordinating Committee established under section 9. 
A.  The commission convened by the commissioner must include college or 
university professors specializing in specific content areas to develop standards for 
secondary school students. 
B.  For students who enter grade 9 on or after July 1, 2015, the assessments must be 
aligned with the standards for awarding high school diplomas prescribed in chapter 
207-A, subchapter 3, provide a measure of student performance and be one 
determinant of student eligibility for a high school diploma. 
Sec. 3.  20-A MRSA §6209, first ¶, as amended by PL 2009, c. 647, §1, is further 
amended to read: 
Nothing in this section requires any school administrative unit to use all or any part of 
standards adopted under this section.  Notwithstanding any other provision of law, no 
state funds may be withheld from a school administrative unit or school for refusal to 
adopt or use the standards established under this section.  The department in consultation 
with the state board shall by rule establish and implement a comprehensive, statewide 
system of learning results, which may must include a core of standards in English 
language arts and, mathematics, science and social studies for kindergarten to grade 12 
established in common with the other states, as set forth in this section and in department 
rules implementing this section and other curricular requirements.  The department must 
shall establish accountability standards at all grade levels in the areas of mathematics; 
reading and writing; social studies; and science and technology.  The department shall 
establish parameters for essential instruction and graduation requirements in English 
language arts; mathematics; science and technology; social studies; career and education 
development; visual and performing arts; health, physical education and wellness; and 
world languages.  Only students in a public school or a private school approved for 
tuition that enrolls at least 60% publicly funded students, as determined by the previous 
school year's October and April average enrollment, are required to participate in the 
system of learning results set forth in this section and in department rules implementing 
this section and other curricular requirements.  The commissioner shall develop 
accommodation provisions for instances where course content conflicts with sincerely 
held religious beliefs and practices of a student's parent or guardian.  The system must be 
adapted to accommodate children with disabilities as defined in section 7001, subsection 
1-A.  The commissioner may not adopt any model curricula that are aligned with the 
content standards adopted under this section. 
Sec. 4.  20-A MRSA §6209, sub-§1-A, as enacted by PL 2007, c. 259, §5, is 
amended to read: 
1-A.  Accountability standards.  Each student must be assessed Assessment of 
students by means of a statewide assessment must be in the following areas: 
A.  Reading and writing; 
B.  Mathematics; and 
C.  Science, in those content areas concerning cells and continuity and change.; and 
D.  Social studies. 
Sec. 5.  20-A MRSA §6209, sub-§4, as amended by PL 2013, c. 244, §2, is 
repealed. 
Sec. 6.  20-A MRSA §6209, sub-§§5 and 6 are enacted to read: 
5.  Limitation on release of certain information.  If the Federal Government 
requires as a condition of a federal education grant relating to the development or 
implementation of content standards that the grant recipient provide personally 
identifiable information of students or teachers, the grant recipient shall provide 
aggregate data only, unless the grant recipient receives informed written consent to 
release the personally identifiable information of a student from the student's parent or 
guardian or informed written consent to release personally identifiable information of a 
teacher from the teacher. 
6.  Parental right to opt out.  A student's parent or guardian may submit a written 
request to a school administrative unit to excuse the student from any standardized 
examination that is part of the system of learning results established in this section.  The 
school administrative unit shall comply with the request and excuse the student in 
conformance with the request. 
A.  A school administrative unit: 
(1)  May not penalize a student who is excused from an examination pursuant to 
this subsection; 
(2)  Shall inform parents and guardians of students of the option to excuse a 
student from an examination pursuant to this subsection; 
(3)  Shall provide a student excused from an examination with an educational 
activity while the examination is being administered; and 
(4)  Shall post the form created by the department under paragraph B, 
subparagraph (2) on the school administrative unit's publicly accessible website. 
B.  The department: 
(1)  May not penalize a school for excusing a student from an examination 
pursuant to this subsection; 
(2)  Shall create a form a parent or guardian can use to request that a student be 
excused from an examination under this subsection and shall post the form on the 
department's publicly accessible website; and 
(3)  Shall notify parents and guardians of students of the option to excuse a 
student from an examination under this subsection by posting notice on the 
department's publicly accessible website. 
C.  A teacher may inform a parent or guardian of the option to excuse a student from 
an examination pursuant to this subsection without penalty. 
Sec. 7.  Revocation and replacement of the common core state standards 
and assessments.  For the 2015-2016 school year, the Department of Education shall 
furnish and school administrative units and schools shall administer the assessments for 
elementary and secondary schools implemented during the 2013-2014 school year 
pursuant to the statewide assessment in place during the 2013-2014 school year. 
1.  Revocation.  The content standards of the system of learning results for English 
language arts and mathematics that were formulated to align with the common core state 
standards pursuant to Public Law 2009, chapter 647, section 1 are void at the end of the 
2015-2016 school year. 
2. Replacement of current content standards and assessments.  The Department 
of Education: 
A.  Notwithstanding the Maine Revised Statutes, Title 20-A, section 6211, shall by 
routine technical rule replace the current content standards in English language arts 
and mathematics adopted under Title 20-A, section 6209 with new standards that are 
consistent with the standards in effect in the Commonwealth of Massachusetts in 
2009.  The standards adopted under this section must be, as much as possible, 
identical to those adopted by Massachusetts, except when a Maine context requires 
otherwise. The content standards apply to the 2016-2017, 2017-2018 and 2018-2019 
school years; 
B.  Notwithstanding Title 20-A, section 6211, shall by routine technical rule amend 
Rule Chapter 131, The Maine Federal, State, and Local Accountability Standards, 
and Rule Chapter 132, Learning Results:  Parameters for Essential Instruction, to 
include in the statewide system of learning results and assessments a core of English 
language arts, mathematics, science and social studies standards for kindergarten to 
grade 12 students aligned with the content standards in effect in the Commonwealth 
of Massachusetts in 2009.  The content standards for kindergarten to grade 12 
included in these amended rules must clarify for students the relevance of English 
language arts, mathematics, science and social studies to everyday life and help 
students become successful analytical thinkers prepared for postsecondary education, 
careers and civic life.  The core applies to the 2016-2017, 2017-2018 and 2018-2019 
school years; 
C.  Notwithstanding Title 20-A, section 6211, shall by routine technical rule adopt, 
not later than 90 days after the effective date of the bill, assessments for elementary 
and secondary schools in English language arts and mathematics that are aligned with 
the content standards adopted under paragraph A.  The assessments apply to the 
2016-2017, 2017-2018 and 2018-2019 school years; and 
D.  Shall adopt the new content standards and assessments in accordance with 
subsection 3 so that they are in place beginning with the 2019-2020 school year. 
3.  Independent statewide content standards; assessments.  By June 30, 2017, 
subject to the approval required under section 8, the department shall provisionally adopt 
major substantive rules as defined in Title 5, chapter 375, subchapter 2-A establishing 
new statewide content standards for kindergarten and for each grade from grade 1 to 
grade 12 in English language arts, mathematics, science and social studies, for use 
beginning with the 2019-2020 school year, that are distinct and independent from the 
standards previously adopted by the department pursuant to Public Law 2009, chapter 
647, section 1.  The department shall also develop and adopt by June 30, 2019 
assessments for elementary and secondary schools in English language arts and 
mathematics that are aligned with the new content standards for use beginning with the 
2019-2020 school year.  The statewide content standards must: 
A.  Be limited to English language arts, mathematics, science and social studies; 
B.  Emphasize coherence, focus and essential knowledge and must be more 
challenging and demanding when compared to international standards; 
C.  Include the essential academic content and skills that students are expected to 
know and to have at each grade level; 
D.  Promote lifelong learning by providing essential knowledge and skills based in 
the liberal arts tradition as well as science, technology, engineering, mathematics and 
career and technical education; and 
E.  Be clearly written, transparent and understandable by parents, educators and the 
general public. 
4.  Restrictions.  In developing the statewide content standards under this section: 
A.  An official, employee or agent of the State whether appointed or elected may not: 
(1)  Enter into any agreement or memorandum of understanding with any Federal 
Government agency or private entity that would require the State to abdicate any 
measure of control over the development, adoption or revision of the content 
standards in the system of learning results; or 
(2)  Join on behalf of the State or a state agency any consortium, association or 
other entity when such membership would require the State or a school board to 
concede any measure of control over education, including academic content 
standards and assessments of such standards; and 
B.  The department may not: 
(1)  Adopt or implement the content standards for English language arts and 
mathematics developed by the common core state standards initiative or any 
similar initiative process or program; or 
(2)  Use the assessments developed by the Smarter Balanced Assessment 
Consortium or the Partnership for Assessment of Readiness for College and 
Careers or any other assessments related to or based on the common core state 
standards. 
Sec. 8.  Committees.  The following committees are established to review and 
approve statewide content standards developed by the department pursuant to section 7. 
1.  Membership.  Members of committees must be appointed in accordance with this 
subsection.  Appointed members of each committee serve at the pleasure of the 
appointing authority. 
A.  The English language arts academic standards review committee is established to 
review and approve content standards in the subject of English language arts.  The 
committee consists of the following members: 
(1)  Three experts who have no vested interest with a special interest group or a 
nonprofit group who are residents of this State and who primarily conduct 
research, provide instruction, currently work or possess an advanced degree in 
the subject area.  One expert is appointed by the President of the Senate, one by 
the Speaker of the House of Representatives and one by the Governor; 
(2)  One parent or guardian of a student, appointed by the President of the Senate; 
(3)  Four educators who are currently teaching in classrooms, including one 
college or university professor, one secondary school teacher, one middle school 
teacher and one elementary school teacher, appointed by the Speaker of the 
House of Representatives; 
(4)  The Chancellor of the University of Maine System or the chancellor's 
designee; and 
(5)  A member of the State Board of Education who is selected by a majority of 
the members of the State Board of Education, who shall serve as the chair of the 
committee. 
B.  The mathematics academic standards review committee is established to review 
and approve academic content standards in the subject of mathematics.  The 
committee consists of the following members: 
(1)  Three experts who have no vested interest with a special interest group or a 
nonprofit group who are residents of this State and who primarily conduct 
research, provide instruction, currently work or possess an advanced degree in 
the subject area.  One expert is appointed by the President of the Senate, one by 
the Speaker of the House of Representatives and one by the Governor; 
(2)  One parent or guardian of a student, appointed by the Speaker of the House 
of Representatives; 
(3)  Four educators who are currently teaching in classrooms, including one 
college or university professor, one secondary school teacher, one middle school 
teacher and one elementary school teacher, appointed by the President of the 
Senate; 
(4)  The Chancellor of the University of Maine System or the chancellor's 
designee; and 
(5)  A member of the State Board of Education who is selected by a majority of 
the members of the State Board of Education, who shall serve as the chair of the 
committee. 
C.  The science academic standards review committee is established to review and 
approve academic content standards in the subject of science.  The committee 
consists of the following members: 
(1)  Three experts who have no vested interest with a special interest group or a 
nonprofit group who are residents of this State and who primarily conduct 
research, provide instruction, currently work or possess an advanced degree in 
the subject area.  One expert is appointed by the President of the Senate, one by 
the Speaker of the House of Representatives and one by the Governor; 
(2)  One parent or guardian of a student, appointed by the Speaker of the House 
of Representatives; 
(3)  Four educators who are currently teaching in classrooms, including one 
college or university professor, one secondary school teacher, one middle school 
teacher and one elementary school teacher, appointed by the President of the 
Senate; 
(4)  The Chancellor of the University of Maine System or the chancellor's 
designee; and 
(5)  A member of the State Board of Education who is selected by a majority of 
the members of the State Board of Education, who shall serve as the chair of the 
committee. 
D.  The social studies academic standards review committee is established to review 
and approve academic content standards in the subject of social studies.  The 
committee consists of the following members: 
(1)  Three experts who have no vested interest with a special interest group or a 
nonprofit group who are residents of this State and who primarily conduct 
research, provide instruction, currently work or possess an advanced degree in 
the subject area.  One expert is appointed by the President of the Senate, one by 
the Speaker of the House of Representatives and one by the Governor; 
(2)  One parent or guardian of a student, appointed by the Speaker of the House 
of Representatives; 
(3)  Four educators who are currently teaching in classrooms, including one 
college or university professor, one secondary school teacher, one middle school 
teacher and one elementary school teacher, appointed by the President of the 
Senate; 
(4)  The Chancellor of the University of Maine System or the chancellor's 
designee; and 
(5)  A member of the State Board of Education who is selected by a majority of 
the members of the State Board of Education, who shall serve as the chair of the 
committee. 
2.  Review and approval.  Each committee created under this section shall review 
and approve the academic content standards for its respective subject area to ensure that 
such standards are clear, concise and appropriate for each grade level and promote higher 
student performance, learning, subject matter comprehension and improved student 
achievement.  Each committee also shall review whether the standards for its respective 
subject area promote essential knowledge in the subject, lifelong learning, the liberal arts 
tradition and college and career readiness and whether the standards reduce remediation.  
Each committee shall determine whether the assessments submitted to that committee are 
appropriate for the committee's respective subject area and meet the academic content 
standards in the Maine Revised Statutes, Title 20-A, section 6209 and community 
expectations. 
3.  Comparison of content standards.  In addition to its duties under subsection 2, 
each committee shall compare the content standards in English language arts, 
mathematics, science or social studies adopted under section 7, subsection 2  with the 
content standards in English language arts, mathematics, science or social studies that 
were previously adopted by the Department of Education pursuant to Public Law 2009, 
chapter 313, section 19 and Public Law 2009, chapter 647, section 1.  Each committee 
shall compile a report detailing substantial similarities between these sets of content 
standards and recommend that the department include those similar items in the new 
content standards.  The committees shall submit the reports required under this section to 
the department no later than December 31, 2016. 
4. Department support.  The Department of Education shall provide administrative 
support for each committee created under this section. 
Sec. 9.  Comparison of new content standards.  Upon the adoption of the new 
content standards under section 7, the Department of Education shall compare the new 
content standards in English language arts, mathematics, science and social studies with 
the content standards that were previously adopted pursuant to Public Law 2009, chapter 
and Public Law 2009, chapter 647.  The department shall consider public comments 
and the use of best practices, evidence and research in the evaluation and comparison of 
the content standards.  The department shall submit a report summarizing the results of 
the comparison of the content standards to the Governor and to the joint standing 
committee of the Legislature having jurisdiction over education matters. 
Upon the development and adoption of the new assessments required under section 7, 
the Department of Education shall compare those assessments with the assessments for 
elementary and secondary schools that were administered during the 2013-2014 school 
year, including the New England Common Assessment Program for grades 3 to 8 and the 
Maine High School Assessment testing program for grade 11 that included the SATs in 
reading, mathematics and writing, as well as the Maine High School Assessment science 
test that was developed in collaboration with Measured Progress, and with the 
Massachusetts Comprehensive Assessment System assessments that were administered 
during the 2016-2017 school year. 
The Department of Education shall publish the comparison on its publicly accessible 
website. 
Sec. 10.  Legislative intent.  It is the intent of the Legislature that any assessment 
related to the Smarter Balanced Assessment Consortium or Partnership for Assessment of 
Readiness for College and Careers not be used for the 2015-2016 school year or any 
school year thereafter. 
SUMMARY 
This bill provides Maine students and teachers with high-quality content standards 
that have been demonstrated as some of the best state standards in the nation.  The bill 
accomplishes the following with regard to the statewide content standards, statewide 
assessment programs, the comparison of recent and proposed content standards and 
statewide assessment programs and the release of personally identifiable data.  
With regard to content standards, the bill: 
1.  Prohibits the Department of Education from adopting and implementing the 
common core state standards, or any standards developed by any similar initiative process 
or program, as the State's content standards for English language arts and mathematics 
and voids any prior actions taken to adopt or implement the common core state standards; 
2.  Requires the Department of Education, within 90 days after the bill's effective 
date, to replace the content standards in English language arts, mathematics, science and 
social studies with new standards that are consistent with the standards adopted by 
Massachusetts prior to that state's adoption of the common core state standards, so that 
Maine's standards are, as much as possible, identical to those adopted by Massachusetts, 
except when a Maine context requires otherwise; 
3.  Specifies that the content standards that are based on the Massachusetts standards 
are effective for the 2016-2017, 2017-2018 and 2018-2019 school years only; 
4.  Requires the Department of Education, by June 30, 2017, to adopt new content 
standards for kindergarten and for each of grades 1 to 12 in English language arts, 
mathematics, science and social studies that are distinct and independent from the 
standards previously adopted by the Department of Education so that they are in place 
beginning with the 2019-2020 school year; 
5.  States that a school administrative unit is not required to use all or any part of the 
content standards adopted by the Department of Education; 
6.  Prohibits the Commissioner of Education from adopting any model curricula that 
are aligned with the content standards; and 
7.  Prohibits the Department of Education, the State Board of Education and any 
other state official, board or agency from adopting or revising any content standards in 
English language arts, mathematics, science or social studies until the new or revised 
standards are approved in accordance with the bill. 
With regard to assessments, the bill: 
1.  Prohibits the Department of Education from using the assessments developed by 
the Smarter Balanced Assessment Consortium or the Partnership for Assessment of 
Readiness for College and Careers during the 2015-2016 school year or any school year 
thereafter; and also prohibits the department beginning with the 2015-2016 school year 
from using the assessments related to or based on the common core state standards by the 
Smarter Balanced Assessment Consortium, the Partnership for Assessment of Readiness 
for College and Careers or any other consortium of states working together to develop a 
set of assessments that measure whether students are on track to be successful in college 
and their careers; 
2.  For the 2015-2016 school year, requires the Department of Education to furnish 
and school administrative units and schools to administer the assessments for elementary 
and secondary schools that were administered during the 2013-2014 school year, 
including the New England Common Assessment Program for grades 3 to 8 and the 
Maine High School Assessment testing program for grade 11 that includes the SATs in 
reading, mathematics and writing, as well as the Maine High School Assessment science 
test that was developed in collaboration with Measured Progress; 
3.  Requires the Department of Education to adopt or develop, not later than 90 days 
after the effective date of the bill, assessments for elementary and secondary schools in 
English language arts and mathematics that are aligned with the State's version of 
Massachusetts content standards for use only during the 2016-2017, 2017-2018 and 2018-
2019 school years; 
4.  Requires the Department of Education to adopt or develop by June 30, 2019 
assessments for elementary and secondary schools in English language arts and 
mathematics that are aligned with the new standards for use during the 2019-2020 school 
year and each school year thereafter; 
5.  Specifies that the nationally standardized assessment that is required as part of the 
statewide educational assessment program must be a nationally recognized, norm-
referenced assessment, instead of a nationally standardized assessment as under current 
law and adds the requirement that it measure college and career readiness; and 
6.  Requires that a school administrative unit excuse a student from standardized 
assessments at the written request of the student's parent or guardian and establishes 
requirements for school administrative units and the Department of Education related to 
excusing a student. 
With regard to the comparison of standards and assessments, the bill: 
1.  Requires the Department of Education to compare and publish on its website a 
comparison of the new content standards in English language arts, mathematics, science 
and social studies that will be effective in the 2019-2020 school year with Maine's state 
standards and the parameters for essential instruction and graduation requirements and to 
submit a report to the Legislature and Governor outlining the results of the comparison of 
the standards; and 
2.  Requires the subcommittees in the content areas of English language arts, 
mathematics, science and social studies to compare the content standards in English 
language arts, mathematics, science and social studies with the content standards that 
were previously adopted by the Department of Education pursuant to Public Law 2009, 
chapter 313, section 19 and Public Law 2009, chapter 647, section 1. 
With regard to the release of personally identifiable data, the bill: 
1.  Specifies that, if the Federal Government requires a grant recipient to provide 
personally identifiable information of students or teachers as a condition of a federal 
education grant relating to content standards, only aggregate data may be provided for 
that purpose; and 
2.  Prohibits a federal grant recipient from releasing personally identifiable 
information without informed written consent of the student's parent or guardian for a 
student's information or of the teacher for a teacher's information.