An Act To Provide a Method for a Student To Be Excused from Standardized Testing
Maine Legislature, Session 129, LD 0185
Committee Amendment CA_A_H268 (House)
Amends: 20-A MRSA §6215

COMMITTEE AMENDMENT "4,, to H.P. 148, L.D. 185, Bill, "An Act To 
Provide a Method for a Student To Be Excused from Standardized Testing" 
Amend the bill by striking out everything after the enacting clause and inserting the 
following: 
1Sec. 1. 20-A MRSA §6215 is enacted to read: 
§6215. Opt-out 
1. Parent's or guardian's right to opt out. As long as excusing the student from 
the statewide standardized assessment would not make the school administrative unit out 
of compliance with the federal Every Student Succeeds Act, if a student's parent or 
guardian submits a written request to a school administrative unit to excuse the student 
from a statewide standardized assessment established pursuant to section 6202 and 
administered pursuant to this chapter, the school administrative unit shall comply with the 
request and excuse the student in conformance with the request. 
2. School administrative unit. A school administrative unit may not penalize a 
student for being excused from an assessment pursuant to subsection 1 and shall inform 
parents and guardians of the option to excuse a student from an assessment. 
3. Educators. An educator may inform a parent or guardian of the option to excuse 
a student from an assessment pursuant to subsection 1. 
4. Report. If the provision of the federal Every Student Succeeds Act regarding 
required notification of the parental right to opt a child out of a statewide standardized 
assessment is repealed or substantially amended by federal legislation, the department 
shall submit a report to the joint standing committee of the Legislature having jurisdiction 
over education and cultural affairs informing the committee of the repeal or amendment. 
The committee may report out a bill to the Legislature related to the report.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT .ff,, to H.P. 148, L.D. 185 
SUMMARY 
This amendment, which is the minority report of the committee, clarifies that a school 
administrative unit is required to excuse a student from standardized testing only if doing 
so would not make the school administrative unit out of compliance with the federal 
Every Student Succeeds Act and requires the Department of Education to report to the 
joint standing committee of the Legislature having jurisdiction over education and 
cultural affairs if the opt-out provision of the federal Every Student Succeeds Act is 
repealed or substantially amended by federal law. 
This amendment also removes from the bill the requirement that school 
O 
administrative units provide students excused from the assessment with an educational 
activity and the requirement that the Department of Education develop a form and that the 
department and school administrative units post the form on their publicly accessible 
websites and clarifies that educators may inform students and parents of the right to opt 
out. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 05/06/19 frac. 
LD 185 
LR 832(02) 
An Act To Provide a Method for a Student To Be Excused from Standardized Testing 
Fiscal Note for Bill as Amended by Committee Amendment #{l)-;;;JtfJ) 
Committee: Education and Cultural Affairs 
Fiscal Detail and Notes 
Fiscal Note Required: Yes 
Fiscal Note 
Contigent language avoids potential loss of Title I funding 
Minor cost increase - General Fund 
The federal Every Student Succeeds Act (ESSA) of 2015 requires a standardized assessment each year of "not less 
than 95 percent of all students, and 95 percent of all students in each sub-group of students, who are emailed in public 
schools". Because this legislation provides that a student shall be excused from standardized testing only if doing so 
would not result in a school administrative unit being out of compliance with the ESSA, there is no potential loss of 
federal Title I funds. 
· 
Additional costs to the Department of Education to submit the required report can be absorbed within existing 
budgeted resources. 
LR0832(02) - Fiscal Note - Page 1 of 1