An Act To Provide Options to Schools for Making Up School Days
Maine Legislature, Session 127, LD 0129
Committee Amendment CA_A_H37 (House)

COMMITTEE AMENDMENT ,: A 
"to H.P. 87, L.D. 129, Bill, "An Act To Provide 
Options to Schools for Making Up School Days" 
Amend the bill after the title and before the enacting clause by inserting the 
following. 
'Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, last winter's weather conditions included blizzards and snowstonns that 
set records for the amount of snowfall in many regions of the State, which caused the 
cancellation of a significant number of school days in many school administrative units 
due to dangerous road and travel conditions; and 
Whereas, Department of Education Rule Chapter 125 provides that a school board 
may reschedule cancelled school days by conducting classes on the weekend, 
rescheduling or shortening scheduled vacation periods or postponing the scheduled 
closing date of the school year; and 
Whereas, providing school administrative units with the additional option of adding 
make-up instructional time during existing school days would provide school boards with 
greater flexibility in determining how to meet the minimum school year calendar 
requirements; and 
Whereas, because Rule Chapter 125 is a major substantive rule, changes to the rule 
require legislative review before the changes may be made; and 
Whereas, the Legislature has the authority to direct the Department of Education to 
amend its rule to reflect legislative policy determinations; and 
Whereas, the Department of Education and school boards need statutory and rule 
revisions for the acceptable methods established for rescheduling cancelled school days 
in order for school administrative units to have another option to meet the minimum 
school year calendar requirements for this school year; and 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A "to H.P. 87, L.D. 129 
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,' 
Amend the bill in section 1 in paragraph F in the 5th line (page 1, line 7 in L.D.) by 
inserting after the following: "may" the following: " with the approval of the 
commissioner pursuant to rules adopted in accordance with this subsection,' 
Amend the bill by inserting after section 1 the following. 
'Sec. 2. Amendment of rule. The Department of Education shall amend portions 
of Section 6 of its Rule Chapter 125: Basic Approval Standards: Public Schools and 
School Administrative Units to provide that the acceptable methods of rescheduling 
school days cancelled due to weather or emergency closures may include a one-hour 
extension of the school day for up to 25 days in a school year and to provide that 5 one-
hour extensions may be counted as one additional school day. 
Sec. 3. Expedited amendment process. Notwithstanding the Maine Revised 
Statutes, Title 5, chapter 375, subchapters 2 and 2-A and any other law, the Department 
of Education shall adopt the amendments to Section 6 of its Rule Chapter 125: Basic 
Approval Standards: Public Schools and School Administrative Units as provided in 
section 2 of this Act. The department shall file the amended rule with the Secretary of 
State as a final adopted rule within 7 business days of the effective date of this Act and 
the rule is effective upon filing. 
Rules adopted pursuant to this section are routine 
technical rules as defined in Title 5, chap tier 375, subchapter 2-A. Beginning July 1,2015, 
any changes to Rule Chapter 125 are major substantive rules as defined in Title 5, chapter 
375, subchapter 2-A. 
Emergency clause. 
In view of the emergency cited in the preamble, this 
legislation takes effect when approved.' 
SUMMARY 
This amendment adds an emergency preamble and an emergency clause to the bill 
and directs the Department of Education to amend its rules regarding the methods 
required and the options available for school officials to request a waiver from the 
Commissioner of Education to schedule make-up days and reschedule instructional time 
in Section 6 of Rule Chapter 125: Basic Approval Standards: Public Schools and School 
Administrative Units. The amendment directs the Department of Education to adopt the 
amendments to the rule within 7 business days of the effective date of this legislation. It 
also provides that the amended rule becomes effective when filed by the department. 
The amendment retains the provisions in the bill that provide that school 
administrative units may annually extend up to 25 school days by one hour each day, that 
one-hour extensions count as one additional school day and that schools may use the 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A "to H.P. 87, L.D. 129 
extensions only to make up school days missed because of weather or emergency 
closures. 
The amendment requires approval of the Commissioner of Education for 
implementation of extensions. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Fiscal Detail and Notes 
Approved: 04/03/15 
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127th MAINE IIEGISLATURE 
LD 129 
LR 677(02) 
An Act To Provide Options to Schools for Making Up School Days 
Fiscal Note for Bill as Amended by Committee Amendment .'If, ( }J -31 ) 
Committee: Education and Cultural Affairs 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase .- General Fund 
" 
Allowing school administrative units to extend a school day by one hour each day for up to 25 school days missed 
each school year due to weather or emergency closures may result in increased costs to local school administrative 
units. Because this provision is permissive, any additional costs will be paid as part of the budgeted resources of each 
individual school administrative unit. 
Additional costs to the Department of Education associated with the rulemaking process can be absorbed within 
existing budgeted resources. 
LR0677(02) - Fiscal Note - Page I of I 
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