An Act To Improve Educational Assessments of Maine Students
Maine Legislature, Session 127, LD 1276
Committee: Education and Cultural Affairs
Sponsors: McCLELLAN, CRAFTS, HANINGTON, HANLEY, HILLIARD, TIMMONS, TUELL, WALLACE
Amends: 20-A MRSA §6205, 20-A MRSA §6211

Legislative Document 
No. 1276 
H.P. 872 
House of Representatives, April 9, 2015 
An Act To Improve Educational Assessments of Maine Students 
(EMERGENCY) 
Reference to the Committee on Education and Cultural Affairs suggested and ordered 
printed. 
ROBERT B. HUNT 
Clerk 
Presented by Representative McCLELLAN of Raymond. 
Cosponsored by Representatives: CRAFTS of Lisbon, HANINGTON of Lincoln, HANLEY of 
Pittston, HILLIARD of Belgrade, TIMMONS of Cumberland, TUELL of East Machias, 
WALLACE of Dexter. 
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, school administrative units administer the Maine Educational 
Assessment, a statewide assessment, as produced by the Smarter Balanced Assessment 
Consortium, of which Maine is a member; and 
Whereas, serious questions about the Maine Educational Assessment, as produced 
by the Smarter Balanced Assessment Consortium, have been raised by education experts, 
and other member states are withdrawing from the consortium, raising serious questions 
about the viability of the consortium; and 
Whereas, this Act requires the Department of Education to terminate membership in 
the Smarter Balanced Assessment Consortium on July 1, 2015 and to adopt an alternative 
method of assessment; and 
Whereas,  it is unlikely that the 90-day period will end before that date; 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 §6205, as enacted by PL 1983, c. 859, Pt. D, §§3 and 4, is 
amended to read: 
§6205.  Assessment data 
The department shall provide each school with assessment data on individual 
students. Such assessment data shall become becomes part of the student's educational 
record and shall must be made available to the parents of each student or student of 
majority age in accordance with local school policies.  It shall Assessment data must be 
held confidential from unauthorized persons in accordance with the confidentiality 
provisions of this Title and federal law, and personally identifying information of a 
student may only be disseminated by the express written permission from each parent of 
the student or, if of majority age, the student. 
Sec. 2.  20-A MRSA §6211, as enacted by PL 2001, c. 454, §33, is amended to 
read: 
§6211.  Rulemaking 
The commissioner shall develop rules to accomplish the purposes of this chapter.  
Rules adopted pursuant to this chapter, including the participation in or entering into any 
agreement with an organization, consortium or association to accomplish the purposes of 
this chapter, are major substantive rules as defined in Title 5, chapter 375, subchapter II-
A 2-A. 
Sec. 3.  Department of Education to adopt education assessment that does 
not collect personal student data.  On July 1, 2015, the Department of Education 
shall terminate the State's membership in the Smarter Balanced Assessment Consortium 
and the use of the Maine Educational Assessment used to assess student achievement in 
the 2014-2015 school year.  The department shall adopt a method of education 
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 
developed with direct input from teachers, parents and school boards and specifically 
address the needs of students and citizens of the State.  State resources may not be used to 
support or advance an assessment that is aligned with the so-called common core state 
standards initiated and adopted by several states.  If the method of education assessment 
required to be adopted under section 6202 is under development and not available for use 
in the 2015-2016 school year, the school board of each school administrative unit shall 
determine the English language arts and mathematics content standards that will be used 
in the schools within its respective school administrative unit and shall determine the 
manner in which the unit's students will be assessed until the new method of education 
assessment has been formally adopted. 
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
SUMMARY 
This bill: 
1.  Directs the Department of Education to terminate the State's membership in the 
Smarter Balanced Assessment Consortium and adopt a method of education assessment 
that complies with federal law but does not collect or disseminate personal data and 
attributes of students, such as attitudes, values, motivations, stereotypes or feelings; 
2. Requires that a state assessment of student achievement be developed with direct 
input from teachers, parents and school boards and specifically address the needs of 
students and citizens of the State; 
3. Requires that personally identifying data of a student derived from a state 
assessment of student achievement be disseminated only with the express written 
permission of each of the student's parents or guardians; 
4. Requires that the State's participation in or entrance into an agreement with an 
organization, consortium or association in establishing or implementing standards and a 
state assessment of student performance be done through major substantive rules; and 
5.  Prohibits a state assessment of student achievement from being aligned with the 
so-called common core state standards initiated and adopted by several states.