An Act To Make the Maine Educational Assessment Optional for Kindergarten to Grade 8
Maine Legislature, Session 129, LD 1152
Committee: Education and Cultural Affairs
Sponsors: HANDY, COLLINGS, SAMPSON
Amends: 20-A MRSA §6202, 20-A MRSA §6202-B, 20-A MRSA §6204, 20-A MRSA §6209, 20-A MRSA §6213

Legislative Document
No. 1152
H.P. 841
House of Representatives, March 7, 2019
An Act To Make the Maine Educational Assessment Optional for 
Kindergarten to Grade 8
Reference to the Committee on Education and Cultural Affairs suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative HANDY of Lewiston.
Cosponsored by Representatives: COLLINGS of Portland, SAMPSON of Alfred.
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 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 9 to 
12.  This assessment applies to students in the participating 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.  The participation of a public 
elementary or secondary school, public charter school or private school under this 
paragraph or a school administrative unit for grades 3 to 8 is optional.  A public 
elementary or secondary school, public charter school or private school under this 
paragraph or a school administrative unit may conduct a locally developed assessment to 
track that school's or unit's student performance for grades 3 to 8.
Sec. 2.  20-A MRSA §6202-B, as enacted by PL 2007, c. 259, §3, is amended to 
read:
§6202-B.  Multiple measures of student achievement
Each participating school administrative unit shall use multiple assessment methods 
to measure student achievement of the learning results set forth in section 6209 and in 
department rules implementing that section and other curricular requirements established 
in section 6209 to inform instruction and ensure students are making progress toward 
achieving the learning results set forth in section 6209 and in department rules 
implementing that section, other curricular requirements and the requirements of a 
common core course of study.
Sec. 3.  20-A MRSA §6204, sub-§1, as amended by PL 1987, c. 662, §1, is 
further amended to read:
1.  State profile report.  The commissioner shall annually report the results of the 
state assessment program with regard to the general performance profile of the students 
of the state's State's participating elementary and secondary schools.
A.  When a report is made under this subsection for purposes of comparative 
analysis, the reporting mechanisms and the categories reported shall must be uniform 
for each school.
Sec. 4.  20-A MRSA §§6205 and 6206, as enacted by PL 1983, c. 859, Pt. D, §§3 
and 4, are amended to read:
§6205.  Assessment data
The department shall provide each participating school with assessment data on 
individual students.  Such assessment data shall must become part of the student's 
educational record and shall must be made available to the parents of each student or 
student of majority age in accordance with local school policies.  It shall The data must 
be held confidential from unauthorized persons in accordance with the confidentiality 
provisions of this Title and federal law.
§6206.  Educational costs
Costs relating to the development of the state assessment program, printing, 
distribution, analysis and dissemination of results for each participating school 
administrative unit shall must be paid by the department.
Sec. 5.  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 statewide system 
of learning results is optional for kindergarten to grade 8.  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 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 may 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. 6.  20-A MRSA §6209, sub-§2, as amended by PL 2017, c. 466, §11, is 
further amended to read:
2.  Parameters for essential instruction and graduation requirements.  Each 
participating school subject to the provisions of this section shall ensure sufficient 
opportunity and capacity through multiple pathways for all students to study in the areas 
of:
A.  Career and education development;
B.  English language arts;
C.  World languages;
D.  Health, physical education and wellness;
E.  Mathematics;
F.  Science and technology;
G.  Social studies; and
H.  Visual and performing arts.
Sec. 7.  20-A MRSA §6209, sub-§3, as amended by PL 2007, c. 259, §5, is 
further amended to read:
3.  Career and education development; world languages; visual and performing 
arts.   By the end of the 2007-2008 school year, each participating local school 
administrative unit shall implement standards in the areas of career and education 
development, 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. 8.  20-A MRSA §6209, sub-§3-A, as amended by PL 2017, c. 466, §12, is 
further amended to read:
3-A.  Transcripts.  A participating school subject to this section shall:
B.  Certify on the basis of objective measures in the transcript a student's 
postsecondary readiness; and
C.  Establish a transcript that meets the requirements of paragraph B as an officially 
sanctioned credential of student learning for admission to a postsecondary education 
institution and employment in a business, trade or industry.
Sec. 9.  20-A MRSA §6213, sub-§10, ¶C, as enacted by PL 2011, c. 446, §2, is 
repealed.
SUMMARY
This bill makes the currently mandatory state assessment program for schools 
optional for kindergarten to grade 8.