An Act To Assess and Improve the Quality of Physical Education in Kindergarten to Grade 12
Maine Legislature, Session 128, LD 1344
Committee: Education and Cultural Affairs
Sponsors: DAUGHTRY
Amends: 20-A MRSA §4502

Legislative Document
No. 1344
H.P. 934
House of Representatives, April 6, 2017
An Act To Assess and Improve the Quality of Physical Education in 
Kindergarten to Grade 12
Reference to the Committee on Education and Cultural Affairs suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative DAUGHTRY of Brunswick.
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  20-A MRSA §4502, sub-§8, ¶A, as enacted by PL 2011, c. 669, §5, is 
amended to read: 
A.  Financial hardship is one criterion the commissioner must consider in determining 
whether to grant a waiver, except that when a waiver from compliance with a 
physical education requirement in section 4711, 4712 or 4723 is being considered, 
the commissioner may not consider financial hardship. 
Sec. 2.  Assessment of physical education offered in schools.  The 
Department of Education shall conduct a comprehensive assessment of physical 
education offered to kindergarten to grade 12 students in public schools. 
1.  The assessment must include a review of the following for each school 
administrative unit: 
A.  The quantity of physical education offered to students in the school administrative 
unit; 
B.  Physical education curriculum standards including whether the school 
administrative unit is using a planned kindergarten to grade 12 sequential physical 
education curriculum that adheres to national and state standards for physical 
education and whether this curriculum is systematically reviewed and updated; 
C.  The credentials of physical education teachers in the school administrative unit; 
D.  Programs used by the school administrative unit to integrate student fitness and 
professional development for teachers; 
E.  Physical education equipment and facilities; 
F.  Any waivers or exemptions from state physical education requirements; 
G.  Whether a policy exists that allows teachers or administrators to withhold 
physical activity as punishment; 
H.  Whether the school administrative unit has other physical activity opportunities, 
including safe routes to school, classroom activity breaks and club, intramural or 
team sports; 
I.  Whether there are requirements for fitness, motor skills, cognitive and affective 
assessment in physical education that are based on student improvement and 
knowledge gain; and 
J.  Whether physical education course grades are included in the calculation of grade 
point averages, class rank and academic recognition programs such as honor roll in 
the same manner as other subject areas. 
2.  As part of the department's review, the department shall work with all school 
administrative units to complete a comprehensive self-assessment of the school 
administrative unit's physical education programs, which at a minimum must include a 
self-assessment of the review measures in subsection 1. 
3.  The department shall make data provided to the department under subsection 2 
readily available to the public within one year of being provided.  The information must 
be available on the department's publicly accessible website. 
4.  Each school administrative unit shall communicate to parents and members of the 
community a summary of key findings of its self-assessment under subsection 2 through 
typical communication channels such as the school administrative unit's publicly 
accessible website, school newsletter or school board report. 
5.  The department shall work with each school administrative unit to assess how the 
results of the school administrative unit's self-assessment under subsection 2 should be 
integrated into the school administrative unit's long-term strategic plan, school 
improvement plan or school wellness policy. 
Sec. 3.  Report.  By January 1, 2019, the Department of Education shall submit a 
report to the joint standing committee of the Legislature having jurisdiction over 
education matters on the status of the department's assessment under section 2. 
SUMMARY 
This bill provides that the Commissioner of Education may not consider financial 
hardship as a basis for granting a school administrative unit a waiver from physical 
education requirements. 
The bill also directs the Department of Education to conduct a comprehensive 
assessment of physical education offered to kindergarten to grade 12 students in public 
schools.  As part of the comprehensive assessment, the department is required to work 
with school administrative units to complete self-assessments.