An Act To Help Maine Students Succeed”
Maine Legislature, Session 129, LD 0703
Committee Amendment CA_A_S454 (Senate)
Amends: 20-A MRSA §4502, 20-A MRSA §4711, 20-A MRSA §4712, 20-A MRSA §4721, 20-A MRSA §5201, 20-A MRSA §5206-A, 20-A MRSA §6209, 20-A MRSA §6306

COMMITTEE AMENDMENT “      ” to S.P. 216, L.D. 703, Bill, “An Act To Help 
Maine Students Succeed”
Amend the bill by striking out everything after the title and 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, a provision of law providing that the Commissioner of Education may 
approve on a case-by-case basis waivers of the age requirements to allow a student who 
has reached 20 years of age before the start of the school year to be enrolled as a public 
secondary school student was repealed on July 1, 2020; and
Whereas, the Legislature has determined that this provision should be restored as 
soon as possible to minimize disruption of the education of such students; and
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,
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  20-A MRSA §4502, sub-§5, ¶M, as amended by PL 2009, c. 313, §2, is 
further amended to read:
M.  The use of time-out areas and physical restraint and seclusion, administered in 
accordance with requirements adopted by the department and with this paragraph.  
The use of a time-out area is subject to the following:
(1)  The time-out area must be well ventilated and sufficiently lighted.  The time-
out area may not be locked; and
(2)  The time-out area must be designed to ensure the safety of the student so that 
the student is supervised by a professional staff member in the room or can be 
Date: 
(Filing No. S-          )
COMMITTEE AMENDMENT “      ” to S.P. 216, L.D. 703
COMMITTEE AMENDMENT
observed from outside of the time-out area and can be heard by a person 
supervising the time-out area;
Sec. 2.  20-A MRSA §4711, as amended by PL 2019, c. 106, §1, is further 
amended to read:
§4711.  Elementary course of study
The basic course of study for the elementary schools must provide for the instruction 
of all students in life and career and education development, ready standards, English 
language arts, world languages, health education and physical education, mathematics, 
science and technology engineering, social studies and visual and performing arts, as 
described in the parameters for essential instruction and graduation requirements subject 
to the schedule specified in section 6209.  Health education must include instruction that 
addresses the relationship between physical and mental health in order to enhance student 
understanding of attitudes toward and behavior relating to mental illness and to eliminate 
the stigma associated with mental illness.
Sec. 3.  20-A MRSA §4712, as amended by PL 2019, c. 106, §2, is further 
amended to read:
§4712.  Junior high school or middle school course of study
The basic course of study for the junior high schools or middle schools must provide 
for the instruction of all students in life and career and education development, ready 
standards, English language arts, health education and physical education, mathematics, 
science and technology engineering, social studies, visual and performing arts and world 
languages, as described in the parameters for essential instruction and graduation 
requirements subject to the schedule specified in section 6209.  Health education must 
include instruction that addresses the relationship between physical and mental health in 
order to enhance student understanding of attitudes toward and behavior relating to 
mental illness and to eliminate the stigma associated with mental illness.
Sec. 4.  20-A MRSA §4721, sub-§1, as enacted by PL 2009, c. 313, §13, is 
amended to read:
1.  Comprehensive program of instruction.  A secondary school shall provide a 
comprehensive program of instruction of at least 2 years in length, which must meet the 
requirements of this chapter and the parameters for essential instruction and graduation 
requirements established under section 6209.  The program must include instruction for 
all students in life and career and education development, ready standards, English 
language arts, health education and physical education, mathematics, science and 
technology engineering, social studies, visual and performing arts and world languages.
Sec. 5.  20-A MRSA §5201, sub-§3, ¶G is enacted to read:
G.  A person who obtains a waiver from the commissioner pursuant to section 
5206-A may enroll as a public secondary school student.
Sec. 6.  20-A MRSA §5206-A is enacted to read:
COMMITTEE AMENDMENT “      ” to S.P. 216, L.D. 703
COMMITTEE AMENDMENT
§5206-A.  Waiver
The superintendent may request that the commissioner approve on a case-by-case 
basis waivers of the age requirements under section 5201 to allow a student who has 
reached 20 years of age before the start of the school year to be enrolled as a public 
secondary school student.  The commissioner may grant a waiver upon finding that there 
are unforeseeable circumstances or undue hardship and that the request that the school 
administrative unit has submitted is reasonable.  The application for a waiver must 
contain:
1.  Documentation.  Documentation of actions taken to meet the requirements prior 
to applying for the waiver;
2.  Description.  A description of the unforeseeable circumstances or undue hardship, 
including financial hardship, that led to the application; and
3.  Statement.  A statement explaining how the waiver requested will not create 
learning inequities for the students enrolled in the schools in the school administrative 
unit.
Sec. 7.  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 
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 engineering. The department shall establish parameters for 
essential instruction in English language arts; mathematics; science and technology 
engineering; social studies; career and education development life and career ready 
standards; 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. 8.  20-A MRSA §6209, sub-§2, ¶A, as amended by PL 2007, c. 259, §5, is 
further amended to read:
A.  Career Life and education development career ready standards;
Sec. 9.  20-A MRSA §6209, sub-§2, ¶F, as enacted by PL 1995, c. 649, §1, is 
amended to read:
F.  Science and technology engineering;
COMMITTEE AMENDMENT “      ” to S.P. 216, L.D. 703
COMMITTEE AMENDMENT
Sec. 10.  20-A MRSA §6209, sub-§3, as amended by PL 2007, c. 259, §5, is 
further amended to read:
3.  Career and education development Life and career ready standards; world 
languages; visual and performing arts.  By the end of the 2007-2008 school year, each 
Each local school administrative unit shall implement standards in the areas of career and 
education development life and career ready standards, world languages and visual and 
performing arts.  Notwithstanding any other provision of this chapter, the commissioner 
is authorized to establish rules for inclusion of some portion of the standards in visual and 
performing arts for the graduating class of 2011-2012.
Sec. 11.  20-A MRSA §6306, as enacted by PL 2015, c. 369, §1, is amended to 
read:
§6306.  Eligibility to attend school
A child who holds a written certification for the medical use of marijuana under Title 
22, section 2423-B may not be denied eligibility to attend school solely because the child 
requires medical marijuana in a nonsmokeable form as a reasonable accommodation 
necessary for the child to attend school.  The commissioner shall adopt rules to 
implement this section. Rules adopted pursuant to this section 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, which is the majority report of the committee, adds an emergency 
preamble and clause, strikes and replaces the bill and does the following.
1.  It amends the school approval requirements to authorize the Department of 
Education to adopt rules on physical restraint and seclusion.
2.  It enacts a provision to restore language that was repealed on July 1, 2020 to 
continue to allow the Commissioner of Education to approve on a case-by-case basis 
waivers of the age requirements to allow a student who has reached 20 years of age 
before the start of the school year to be enrolled as a public secondary school student.
3.  It amends the parameters for the system of learning results to reflect that the career 
and development standard is now called the life and career ready standard and the science 
and technology standard is now called the science and engineering standard.
4.  It authorizes the Commissioner of Education to adopt major substantive rules on 
reasonable accommodations for students who hold written certification for the medical 
use of marijuana.
FISCAL NOTE REQUIRED
(See attached)
Revised: 07/07/20
LD 703
LR 1207(02)
Fiscal Detail and Notes
Minor cost increase - General Fund
Additional costs to the Department of Education to implement the requirements of this legislation can be absorbed 
within existing budgeted resources.
An Act To Help Maine Students Succeed
Fiscal Note for Bill as Amended by Committee Amendment " "
Committee: Education and Cultural Affairs
Fiscal Note Required: Yes
Fiscal Note
LR1207(02) - Fiscal Note - Page 1 of 1