The commissioner may be invited by the Speaker of the House of Representatives and the President of the Senate annually, in January, to appear before a joint session of the Legislature to address the Legislature on the status of public education in the State and such related matters as the commissioner desires to bring to the Legislature's attention.

Sec. 6. 20-A MRSA §405, sub-§3, ¶S, as amended by PL 1995, c. 395, Pt. J, §3, is further amended to read:

S. Develop long-range education goals and standards for school performance and student performance to improve learning results as established in section 6209 and recommend to the commissioner and to the Legislature a plan for achieving those goals and standards;

Sec. 7. 20-A MRSA §1001, sub-§6, as amended by PL 1983, c. 859, Pt. C, §§1 and 7, is further amended to read:

6. General courses of study. They shall adopt and direct the general courses of study in alignment with the system of learning results as established in section 6209 in accordance with the requirements of this Title.

Sec. 8. 20-A MRSA §2703, sub-§1, ¶D, as enacted by PL 1981, c. 693, §§5 and 8, is amended to read:

D. Shall Must be ratified by a majority vote of each of the governing bodies party to the contract; and

Sec. 9. 20-A MRSA §2703, sub-§1, ¶E, as amended by PL 1983, c. 859, Pt. A, §§6 and 25, is further amended to read:

E. Shall Must meet any additional requirements set forth in rules established by the commissioner and shall must be filed with the commissioner. Contracts with private schools shall must be approved by the commissioner.; and

Sec. 10. 20-A MRSA §2703, sub-§1, ¶F is enacted to read:

F.__Must require schools that receive students through a tuition contract to comply with section 2902, subsection 4.

Sec. 11. 20-A MRSA §2902, sub-§4, as amended by PL 1991, c. 824, Pt. B, §5, is further amended to read:

4. Commissioner's basic curriculum. Provide instruction in the basic curriculum established by rule by the commissioner under section 4704 and in alignment with the system of learning results established in section 6209;

Sec. 12. 20-A MRSA §3251, as amended by PL 1985, c. 490, §2, is further amended to read:

§3251. School privileges in the unorganized territories

Subject to such reasonable rules as the commissioner may adopt, all persons who have attained the age of 5 years on October 15th and have not reached 20 years of age before the start of the school year and who reside with a parent in the unorganized territory or who are resident emancipated minors or residents at least 18 years old shall be are eligible to attend elementary and secondary schools and to receive appropriate special education and related services without charge to themselves or their parents. Education shall must be provided in alignment with the system of learning results as established in section 6209 under the direction of the commissioner and shall must meet the general standards for elementary and secondary schooling and special education established pursuant to this Title.

Sec. 13. 20-A MRSA §4502, sub-§1, as amended by PL 1999, c. 770, §1, is further amended to read:

1. General requirements. Elementary and secondary schools and school administrative units, including an educational program or school located in or operated by a juvenile correctional facility, shall meet all requirements of the system of learning results as established in section 6209 as well as other requirements of this Title and other statutory requirements applicable to the public schools and basic school approval standards. Each school administrative unit shall prepare and implement a comprehensive education plan that is aligned with the system of learning results, focused on the learning of individual students and oriented to continuous improvement.__This plan must address all plans required by the department.

Sec. 14. 20-A MRSA §4502, sub-§5, ¶L, as amended by PL 1999, c. 669, §5, is repealed.

Sec. 15. 20-A MRSA §4502, sub-§5, ¶L-1 is enacted to read:

L-1.__A plan for training and development of all personnel that is aligned with the system of learning results as established in section 6209;

Sec. 16. 20-A MRSA §4502, sub-§6, as enacted by PL 1983, c. 859, Pt. A, §§20 and 25, is repealed and the following enacted in its place:

6.__Annual report on comprehensive education plan.__The superintendent shall make an annual report of progress on the comprehensive education plan, developed pursuant to subsection 1, to the citizens of the school administrative unit.__The board shall annually review and approve the plan.__The superintendent shall certify progress on the plan to the commissioner on an annual basis.

Sec. 17. 20-A MRSA §4502, sub-§8 is enacted to read:

8.__Waivers.__The commissioner may grant a school administrative unit a waiver of one or more school approval requirements upon receipt of an application from the school administrative unit that includes the basis for the waiver request and a plan to ensure that future waivers are not needed.

Sec. 18. 20-A MRSA §4504, sub-§2, as amended by PL 1997, c. 696, §3, is repealed and the following enacted in its place:

2.__Comprehensive review.__The commissioner shall conduct a comprehensive review of a school administrative unit in accordance with the school assistance process established in section 6210 or as part of an inspection in accordance with section 258-A.

Sec. 19. 20-A MRSA §4704, as enacted by PL 1983, c. 859, Pt. C, §§5 and 7, is amended to read:

§4704. Courses prescribed by the commissioner

The commissioner shall prescribe by rule the basic courses of study that are in alignment with the system of learning results as established in section 6209 for the elementary and secondary schools, consistent with the requirements of this chapter, and may include minimum time requirements and performance standards.

Sec. 20. 20-A MRSA §4706, first ¶, as enacted by PL 1983, c. 859, Pt. C, §§5 and 7, is repealed and the following enacted in its place:

In furtherance of the content standards articulated in the system of learning results established in section 6209, subsection 2, American history and Maine studies are required as follows:

Sec. 21. 20-A MRSA §4706, sub-§2, as amended by PL 1991, c. 655, §4, is further amended to read:

2. Maine studies. A course in Maine history, including the Constitution of Maine, Maine geography and environment and the natural, industrial and economic resources of Maine and Maine's cultural and ethnic heritage, must be taught in at least one grade from grade 6 to grade 8, in all schools, both public and private. These concepts must be integrated into the curriculum in grades 9 to 12. A required component of Maine studies is Maine Native American studies addressing the following topics:

A.__Maine tribal governments and political systems and their relationship with local, state, national and international governments;

B.__Maine Native American cultural systems and the experience of Maine tribal people throughout history;

C.__Maine Native American territories; and

D.__Maine Native American economic systems.

Sec. 22. 20-A MRSA §4711, as enacted by PL 1983, c. 859, Pt. C, §§5 and 7, is amended to read:

§4711. Elementary course of study

The basic course of study for the elementary schools shall must provide for the instruction of all students in the English language, including reading, writing, spelling and grammar; library instruction; mathematics; science; music, art and drama; American history and government; social studies; Maine studies, including the history, geography, culture and natural and industrial resources of the State; health, hygiene and safety; physical education; and career preparation, English language arts, foreign languages, health and physical education, mathematics, science and technology, social studies and visual and performing arts, as described in the system of learning results subject to the schedule specified in section 6209.__In furtherance of the content standards in section 6209, subsection 2, the course of study must also include physiology and hygiene, with special reference to the effects of substance abuse, including alcohol, tobacco and narcotics upon the human system.

Sec. 23. 20-A MRSA §4721, as enacted by PL 1983, c. 859, Pt. C, §§5 and 7, is amended to read:

§4721. General requirement

A secondary school shall provide a course of study of at least 2 years in length, which shall must meet the requirements of this chapter and the system of learning results established in section 6209. The course of study must include instruction of all students in English language arts, mathematics, science and technology, social studies, health and physical education, career preparation, visual and performing arts and foreign languages.

Sec. 24. 20-A MRSA §4722, first ¶, as enacted by PL 1983, c. 859, Pt. C, §§5 and 7, is amended to read:

A secondary school shall provide at least one course of study leading to a high school diploma which shall that must meet the following standards. The commissioner shall develop rules for the transition between the requirements of this section and the system of learning results as established in section 6209.

Sec. 25. 20-A MRSA §4722, sub-§3, as amended by PL 1991, c. 716, §7, is further amended to read:

3. Satisfactory completion. A diploma shall may be awarded only to secondary school students who have satisfactorily completed all diploma requirements in accordance with the academic standards of the school administrative unit, and effective with the class of 2007, with the requirements specified in section 6202-A, subsection 3. Applied technology students may, with the approval of the commissioner, satisfy the 2nd-year math and science, the 2nd-year social studies and the fine arts requirements of subsection 2 through separate or integrated study within the applied technology school curriculumn curriculum.

Sec. 26. 20-A MRSA §4729, first ¶, as repealed and replaced by PL 1989, c. 415, §12, is amended to read:

A school administrative unit may establish one or more programs that are in alignment with the system of learning results established in section 6209 as alternatives to the regular course of study, including options allowed in sections 5104-A and 8605, to meet the needs of at-risk students in accordance with section 4502, subsection 5, paragraph L.

Sec. 27. 20-A MRSA c. 222 is amended by repealing the chapter headnote and enacting the following in its place:

CHAPTER 222

STANDARDS AND ASSESSMENT OF

STUDENT PERFORMANCE

Sec. 28. 20-A MRSA §6201, 2nd and 3rd ¶¶, as enacted by PL 1983, c. 859, Pt. D, §§3 and 4, are amended to read:

There is a need for assessment information at both the state and local level to identify the need for educational changes measure progress and ensure accountability regarding the system of learning results, which must be accomplished through a comprehensive system of local and state assessments, involving multiple measures to determine what each student knows and is able to demonstrate regarding the standards of the system of learning results.

The development of a state-wide assessment program necessitates an immediate effort to develop tests to allow testing to begin during the 1985-86 school year. The program shall This comprehensive local and state assessment system must have the following objectives:

Sec. 29. 20-A MRSA §6201, sub-§§2 and 4, as enacted by PL 1983, c. 859, Pt. D, §§3 and 4, are amended to read:

2. State goals. To establish a process for a continuing evaluation of state educational goals the system of learning results established in section 6209 and to aid in the development of educational policies, standards and programs;

4. Individual students. To provide school staffs with information about the individual students which that may be used, with other information, to meet individual and educational needs of the student. The statewide assessment program shall may not be the only criteria for judging student performance;

Sec. 30. 20-A MRSA §6202, as amended by PL 1985, c. 797, §37, is further amended to read:

§6202. State assessment program established; content

The commissioner shall establish a statewide assessment program, known as the Maine Education Assessment, to measure and evaluate on a continuing basis the academic achievements of students at grades 4, 8 and 11 in the content areas of the system of learning results established in section 6209 specified by the commissioner.__This assessment applies to students in the public elementary and secondary schools 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 shall must be adapted to meet the needs of exceptional students as defined in section 7001, subsection 2 or other students as defined under rules by the commissioner. The program shall include the following components.

1. Assessment in basic subjects. The program shall provide an annual assessment of student performance in the curriculum areas of reading, writing and mathematics.

2. Additional subjects. The assessment program may be extended, consistent with available resources, to include assessments in science and social studies on a sampling basis in alternate years.

Sec. 31. 20-A MRSA §6202-A is enacted to read:

§6202-A.__Local assessment system established; content

Each school administrative unit shall establish a local assessment system to measure student achievement of the learning results established in section 6209.__Local assessments may include portfolios, performances and demonstrations in addition to other measures of achievement.__This may not be limited to commercially produced assessment tools.__The local assessment system must be implemented as follows.

1.__Technical assistance.__During the 2001-2002 and 2002-2003 school years, the department shall provide technical assistance to school administrative units in developing local assessment systems and setting standards for local assessment systems.__By the end of the 2003-2004 school year, the superintendent of each school administrative unit shall certify to the commissioner that the local assessment system meets these standards.

2.__Implementation.__By the end of the 2003-2004 school year, the local assessment system established pursuant to this section must be fully implemented as the measure of student progress.

3.__High school graduation decisions.__By the 2006-2007 school year, high school graduation must be determined by student achievement of the standards of the system of learning results in English language arts, health and physical education, mathematics, science and technology and social studies, based on the school administrative unit's local assessment system established pursuant to this section in addition to other

requirements as established by school board policy.__By the 2009- 2010 school year, high school graduation must be determined by student achievement of the standards of the system of learning results in all content areas of the system of learning results, based on the school administrative unit's assessment system established pursuant to subsection 1 in addition to other requirements as established by policy of the school board.

Sec. 32. 20-A MRSA §6209, sub-§§3 and 4 are enacted to read:

3.__Career preparation; foreign languages; visual and performing arts.__By the end of the 2002-2003 school year, each school administrative unit shall address in the comprehensive education plan, as required in section 4502, subsection 1, how the school administrative unit will implement for all students the content areas of career preparation, foreign languages, and visual and performing arts, including interim targets for partial implementation.__By the end of the 2006-2007 school year, to coincide with funding based on essential programs and services, each school administrative unit shall implement standards in these additional content areas of the system.

4.__Review cycle.__The commissioner shall conduct a review of the content standards and performance indicators by content area on a 4-year cycle beginning in the 2003-2004 school year.__Any changes that are recommended must be approved through the same process used for establishment of the system of learning results.

Sec. 33. 20-A MRSA §§6210 and 6211 are enacted to read:

§6210.__School assistance

The commissioner shall provide assistance to a school administrative unit when student performance in a school in the school administrative unit beginning in the 2003-2004 school year indicates that assistance is needed.__This assistance must be based on a thorough review of the comprehensive education plan, as required in section 4502, subsection 1, and the evidence of student performance provided by the school administrative unit's local assessment system.__This may include assignment of an assistance team by the commissioner to work with the school administrative unit over a period of not less than one year.__The commissioner shall pilot this process during the 2001-2002 and 2002-2003 school years and shall develop rules for school administrative unit assistance and accountability to safeguard the learning of the students in the school administrative unit.

§6211.__Rulemaking

The commissioner shall develop rules to accomplish the purposes of this chapter.__Rules adopted pursuant to this chapter are routine technical rules as defined in Title 5, chapter 375, subchapter II-A.

Sec. 34. 20-A MRSA §8101, as enacted by PL 1981, c. 693, §§5 and 8, is amended to read:

§8101. Purpose

The Legislature recognizes that gifted and talented students, who comprise approximately 3% to 5% of Maine's students, require differentiated education programs and services that are aligned with the system of learning results as established in section 6209, beyond those normally provided by the regular school program in order to realize their educational potential and contribution to themselves and to society.

Sec. 35. 20-A MRSA §8202, sub-§1, as enacted by PL 1993, c. 706, Pt. A, §4, is amended to read:

1. Curriculum. The school's curriculum is designed to exceed existing state educational standards in the content areas of the system of learning results established in section 6209.

Sec. 36. 20-A MRSA §8306-A, first ¶, as enacted by PL 1991, c. 518, §6, is amended to read:

The commissioner may adopt rules to establish requirements for vocational education programs and courses in alignment with the system of learning results established in section 6209, to establish procedures for approving vocational education programs and courses and to otherwise carry out the purposes of this chapter.

SUMMARY

This bill addresses inconsistencies in the laws that could hinder implementation of the system of learning results for students in Maine public and approved private schools. It requires implementation of the system of learning results in several key places in the Maine Revised Statutes, Title 20-A, such as the sections of law governing the purpose of the Department of Education, the duties of the Commissioner of Education and the State Board of Education, vocational programs, approved private schools and schools in the unorganized territories.

It further amends the requirements for school approval, including the requirement to have a comprehensive education plan that addresses all required plans, and establishes the importance of training and development for all school personnel as a means to implement the system of learning results. It requires a comprehensive system of local and state assessments and establishes a schedule for using a local assessment system as the basis for program, placement and student graduation decisions. It also establishes an implementation schedule for content standards in career preparation, visual and performing arts, and foreign languages that is linked to funding of essential programs and services. It provides for a waiver of this requirement to be developed through rulemaking, as well as rulemaking to provide a smooth transition from the current system to the system that is proposed.

Finally, this bill provides for a system of accountability for schools where students are not meeting standards, providing assistance to these schools to support the learning of students.