An Act To Reform School Testing Procedures
Maine Legislature, Session 128, LD 0679
Committee: Education and Cultural Affairs
Sponsors: FULLER, ACKLEY, BROOKS, FARNSWORTH, MADIGAN, ZEIGLER
Amends: 20-A MRSA §6202, 20-A MRSA §6209

Legislative Document
No. 679
H.P. 470
House of Representatives, February 28, 2017
An Act To Reform School Testing Procedures
Reference to the Committee on Education and Cultural Affairs suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative FULLER of Lewiston.
Cosponsored by Representatives: ACKLEY of Monmouth, BROOKS of Lewiston, 
FARNSWORTH of Portland, MADIGAN of Rumford, ZEIGLER of Montville.
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  20-A MRSA §6202, first ¶, as amended by PL 2015, c. 40, §4, is further 
amended to read: 
The commissioner shall establish a statewide assessment program to measure and 
evaluate on a continuing basis the academic achievements of students in grades 3 to 12, 5, 
7, 9 and 11 on the accountability standards set forth in section 6209 and in department 
rules implementing that section and other curricular requirements.  The commissioner 
may elect to provide for the use of alternative measures of student achievement in grades 
to 12 and 11.  This assessment applies to students in the public elementary and 
secondary schools, in public charter schools, as that term is defined in section 2401, 
subsection 9, and in all private schools approved for tuition whose school enrollments 
include at least 60% publicly funded students, as determined by the previous school year's 
October and April average enrollment.  The assessment program must be adapted to meet 
the needs of children with disabilities as defined in section 7001, subsection 1-A or other 
students as defined under rules by the commissioner. 
Sec. 2.  20-A MRSA §6209, first ¶, as amended by PL 2015, c. 489, §3, is further 
amended to read: 
The department in consultation with the state board shall establish and implement a 
comprehensive, statewide system of learning results, which may include a core of 
standards in English language arts and mathematics for kindergarten to grade 12 grades 3, 
5, 7, 9 and 11 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 establish accountability standards at all grade levels in the areas of 
mathematics; reading; and science and technology. The department shall establish 
parameters for essential instruction in English language arts; 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. 
Sec. 3.  Rulemaking.  The Commissioner of Education shall adopt rules to update 
the statewide assessment program pursuant to the Maine Revised Statutes, Title 20-A, 
section 6202 to limit the testing requirement to grades 3, 5, 7, 9 and 11 and to limit the 
use of alternative measures of student achievement to grades 9 and 11. The commissioner 
shall consult with the State Board of Education and adopt rules to update the statewide 
system of learning results pursuant to Title 20-A, section 6209 to limit testing 
requirements to students in grades 3, 5, 7, 9 and 11.  Rules adopted pursuant to this 
section are major substantive rules as defined in Title 5, chapter 375, subchapter 2-A. 
SUMMARY 
This bill limits statewide assessment program testing requirements to grades 3, 5, 7, 9 
and 11 and limits any use of alternative measures of student achievement to grades 9 and 
11. It also limits the statewide system of learning results testing requirements to students 
in grades 3, 5, 7, 9 and 11.  The bill authorizes the Commissioner of Education to adopt 
rules to implement the provisions of the bill.