An Act Regarding Sexual Activity and Sexual Assault at Secondary and Postsecondary Educational Institutions
Maine Legislature, Session 128, LD 0681
Committee Amendment CA_A_H505 (House)
Amends: 20-A MRSA §6209

COMMITTEE AMENDMENT "A" to H.P. 472, L.D. 681, Bill, "An Act 
Regarding Sexual Activity and Sexual Assault at Secondary and Postsecondary 
Educational Institutions" 
Amend the bill by striking out all of section 2 and inserting the following: 
'Sec. 2. 20-A MRSA §6209, sub-§4, as amended by PL 2015, c. 489, §6, is 
further amended to read: 
4. Review cycle. The commissioner shall conduct a review of the content standards 
and performance indicators by content area on a 5-year cycle beginning in the 2015-2016 
school year. The review of the content standards and performance indicators for the 
content area of social studies, including student achievement of proficiency in personal 
finance, must be included in the commissioner's review during the 2015-2016 school 
year. Any changes that are recommended must be approved through the same process 
used for establishment of the system of learning results. Beginning in the 2016-2017 
school year, the commissioner shall review and make recommendations for objective 
measures that may be used to substantiate school certifications of postsecondary 
readiness. The review of the content standards and performance indicators for the content 
area of health, physical education and wellness, including instruction on affirmative 
consent, communication and decision making regarding sexual activity and the effects of 
alcoholic drinks, stimulants and narcotics on the ability to give affirmative consent, 
communicate and make appropriate decisions, must be included in the commissioner's 
review beginning in the 2017-2018 school year.' 
SUMMARY 
This amendment, which is the majority report of the committee, strikes the part of the 
bill that requires a notation to be made on the transcript of a postsecondary student who is 
convicted of sexual assault. This amendment requires the Commissioner of Education to 
review the content standards and perforniance indicators for the content area of health, 
physical education and wellness, including instruction on affirmative consent, 
communication and decision making regarding sexual activity and the effects of alcoholic 
COMMITTEE AMENDMENT 
I 
COMMITIEEAMENDMENT" A 
"to H.P. 472, L.D. 681 
drinks, stimulants and narcotics on the ability to give affirmative consent, communicate 
and make appropriate decisions, during the 2017-2018 school year as part of the 
commissioner's 5-year review cycle of the content standards and performance indicators 
required under the system of learning results. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 06/01/17 ha<:!-
LD681 
LR 166(02) 
An Act Regarding Sexual Activity and Sexual Assault at Secondary and Postsecondary Educational 
Institutions 
Fiscal Note for Bill as Amended by Committee Amendment ,~i( H-Sos) 
Committee: Education and Cultural Affairs 
Fiscal Note Required: Yes 
Fiscal Note 
Potential State Mandate - Unfunded 
State Mandates 
Required Activity 
Unit Affected 
Requires that instruction involving affirmative consent, communication and decision 
School 
making regarding sexual activity and the effects of alcoholic drinks, stimulants and 
narcotics on the ability to give affirmative consent be included in a secondary 
school's course of study in health, safety and physical education . 
Local Cost 
Moderate 
statewide 
. The required local activities in this bill may represent a state mandate pursuant to the Constitution of Maine. If the bill 
does require a local unit of government to expand or modify its activities so as to necessitate additional expenditures 
from local revenue, the state mandate provisions of the Constitution of Maine require either: (1) General Fund 
appropriations be provided to fund at least 90% of any additional necessitated local costs of the mandate; or (2) a 
Mandate Preamble be added to the bill and two-thirds of the members of each House vote to exempt the mandate from 
the funding requirement. If the bill does represent a state mandate and neither one of these actions occurs, the local 
units of government will not be required to implement the mandated activities. 
Fiscal Detail and Notes 
Additional costs to the Department of Education to include affirmative consent, communication and decision making 
regarding sexual activity and the effects of alcoholic drinks, stimulants and narcotics on the ability to give affirmative 
consent in the commissioner's review of the content standards and performance indicators for the health, physical 
education and wellness content area during the 2017-2018 school year can be absorbed within existing budgeted 
resources. 
LR0166(02) - Fiscal Note - Page 1 of 1