An Act To Maintain the Integrity of the Department of Education by Prohibiting Its Promotion of Policies and Practices That Are Not Based on Rigorous Peer Review and Analysis, Limiting Acceptance of Private Funding in Implementing and Influencing State Policy and Retaining the Home Rule Powers to School Administrative Units
Maine Legislature, Session 129, LD 1425
Committee: Education and Cultural Affairs
Sponsors: SAMPSON, DOW, FECTEAU, HAGGAN, HANDY, O'CONNOR, ORDWAY, PICKETT, STEARNS, TUELL
Amends: 20-A MRSA §256

Legislative Document
No. 1425
H.P. 1038
House of Representatives, March 28, 2019
An Act To Maintain the Integrity of the Department of Education 
by Prohibiting Its Promotion of Policies and Practices That Are Not 
Based on Rigorous Peer Review and Analysis, Limiting Acceptance 
of Private Funding in Implementing and Influencing State Policy 
and Retaining the Home Rule Powers to School Administrative 
Units
Reference to the Committee on Education and Cultural Affairs suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative SAMPSON of Alfred.
Cosponsored by Senator DOW of Lincoln and
Representatives: FECTEAU of Augusta, HAGGAN of Hampden, HANDY of Lewiston, 
O'CONNOR of Berwick, ORDWAY of Standish, PICKETT of Dixfield, STEARNS of 
Guilford, TUELL of East Machias.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  20-A MRSA §256, sub-§11 is enacted to read:
11.  Limit on authority.  Notwithstanding any other provision of law, the 
commissioner may not:
A.  Promote policies, programs, procedures or experiments in public schools that do 
not adhere to rigorous standards of peer review and established statistical procedures 
for determining the effectiveness in producing clearly identified outcomes;
B.  Contract with or accept funding from private entities to implement state policies; 
or
C.  Maintain membership in regional or national educational organizations or 
associations that are funded by private entities, including, but not limited to, a 
consortium of New England secondary schools.
Sec. 2.  Withdraw from New England Secondary School Consortium.  The 
Commissioner of Education shall withdraw the State from the New England Secondary 
School Consortium on the effective date of this Act.
Sec. 3.  Return to home rule powers; report.  The Department of Education 
shall, in consultation with school administrative units and the Maine Municipal 
Association, study how to return home rule powers granted to municipalities by the 
Maine Revised Statutes, Title 30-A, chapter 111 and by the Constitution of Maine, 
Article VIII, Part Second to school administrative units. The department shall report to 
the Joint Standing Committee on Education and Cultural Affairs on the department's 
findings and recommendations, including recommended legislation, no later than January 
1, 2020.  The committee may report out legislation related to the subject matter of the 
report to the Second Regular Session of the 129th Legislature.
SUMMARY
This bill prohibits the Commissioner of Education and Department of Education 
personnel from promoting policies, programs, procedures or experiments in schools that 
do not adhere to rigorous standards of peer review and established statistical procedures 
for determining the effectiveness in producing clearly identified outcomes and from 
contracting with and accepting funding from private entities to implement state policies.  
This bill also directs the commissioner to withdraw from the New England Secondary 
School Consortium and prohibits the commissioner from maintaining membership in 
regional or national groups that are funded by private entities. The bill also directs the 
Department of Education, in consultation with school administrative units and the Maine 
Municipal Association, to study how to return home rule powers to school administrative 
units.