An Act Regarding Educational Standards for Maine Students
Maine Legislature, Session 128, LD 1578
Committee: Education and Cultural Affairs
Sponsors: TUELL, GERRISH, KINNEY, SAMPSON, STEWART, WOODSOME
Amends: 20-A MRSA §6202, 20-A MRSA §6209

Legislative Document
No. 1578
H.P. 1085
House of Representatives, May 4, 2017
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 TUELL of East Machias.
Cosponsored by Representatives: GERRISH of Lebanon, KINNEY of Knox, SAMPSON of 
Alfred, STEWART of Presque Isle, Senator: WOODSOME of York.
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  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 Public Higher Education Systems 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, 2017, 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. 2.  20-A MRSA §6209, first ¶, as amended by PL 2015, c. 489, §3, is further 
amended to read: 
Nothing in this section requires any school administrative unit to use all or any part of 
the 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 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; and reading; and 
science and technology writing.  The department shall establish parameters for essential 
instruction in English language arts; and mathematics; science and technology; social 
studies; career and education development; visual and performing arts; health, physical 
education and wellness; and world languages.  Only a public school, a public charter 
school as defined in section 2401, subsection 9 or a private school approved for tuition 
purposes that enrolls at least 60% publicly funded students, as determined by the previous 
school year's October and April average enrollment, is 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-B.  The commissioner may not adopt any model curricula that are aligned with the 
content standards adopted under this section. 
Sec. 3.  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; and 
B.  Mathematics; and. 
C.  Science, in those content areas concerning cells and continuity and change. 
Sec. 4.  20-A MRSA §6209, sub-§4, as amended by PL 2015, c. 489, §6, is 
repealed. 
Sec. 5.  Revocation and replacement of the common core state standards 
and assessments.  For the 2017-2018 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 
2017-2018 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 2018-2019, 2019-2020 and 2020-2021 
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 and mathematics 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 and mathematics to 
everyday life and help students become successful analytical thinkers prepared for 
postsecondary education, careers and civic life.  The core applies to the 2018-2019, 
2019-2020 and 2020-2021 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 
2018-2019, 2019-2020 and 2020-2021 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 2021-2022 school year. 
3.  Independent statewide content standards; assessments.  By June 30, 2019, 
subject to the approval required under section 6, 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 and mathematics, for use beginning with the 2021-2022 
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, 2021 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 2021-2022 school year.  The statewide content 
standards must: 
A.  Be limited to English language arts and mathematics; 
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; 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 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. 
Sec. 6.  Committees.  The following committees are established to review and 
approve statewide content standards developed by the department pursuant to section 5. 
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 serves 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 serves 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 
the standards are clear, concise and appropriate for each grade level and promote higher 
student performance, learning and 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 and 
mathematics adopted under section 5, subsection 2 with the content standards in English 
language arts and mathematics 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, 2018. 
4. Department support.  The Department of Education shall provide administrative 
support for each committee created under this section. 
Sec. 7.  Comparison of new content standards.  Upon the adoption of the new 
content standards under section 5, the Department of Education shall compare the new 
content standards in English language arts and mathematics with the content standards 
that were previously adopted pursuant to Public Law 2009, chapter 313 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 no later than September 12, 2018 
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 5, 
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, and with the Massachusetts Comprehensive 
Assessment System assessments that were administered during the 2018-2019 school 
year. 
The Department of Education shall publish the comparison on its publicly accessible 
website. 
SUMMARY 
This bill accomplishes the following with regard to the statewide content standards, 
statewide assessment programs and the comparison of recent and proposed content 
standards and statewide assessment programs. 
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 and mathematics 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 2018-2019, 2019-2020 and 2020-2021 school years only; 
4.  Requires the Department of Education, by June 30, 2019, to adopt new content 
standards for kindergarten and for each of grades 1 to 12 in English language arts and 
mathematics that are distinct and independent from the standards previously adopted by 
the Department of Education so that they are in place beginning with the 2021-2022 
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 or mathematics until the new or revised standards are approved in 
accordance with the bill. 
With regard to assessments, the bill: 
1.  For the 2017-2018 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; 
2.  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 2018-2019, 2019-2020 and 2020-
2021 school years; and 
3.  Requires the Department of Education to adopt or develop by June 30, 2021 
assessments for elementary and secondary schools in English language arts and 
mathematics that are aligned with the new content standards for use during the 2021-2022 
school year and each school year thereafter. 
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 and mathematics that 
will be effective in the 2021-2022 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 committees in the content areas of English language arts and 
mathematics to compare the content standards in English language arts and mathematics 
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.