E. The eligibility for exceptional students a child with a disability is governed by section 7001, subsection 2 1-A.

Sec. 9. 20-A MRSA §6202, first ¶, as amended by PL 2005, c. 446, §3, 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 at grades 4, 8 and 11 in the content areas of the system of learning results established in section 6209 specified by the commissioner. The commissioner may elect to provide for the use of alternative measures of student achievement in grade 11. 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 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 exceptional students children with disabilities as defined in section 7001, subsection 2 1-A or other students as defined under rules by the commissioner.

Sec. 10. 20-A MRSA §6209, first ¶, as amended by PL 2001, c. 454, §31, is further amended to read:

The department in consultation with the state board shall establish and implement a comprehensive, statewide system of learning results, referred to in this section as the "system," no later than the 2002-03 school year. The system, based broadly upon guiding principles set forth in this section, must establish high academic standards at all grade levels in the areas of math; English; science and technology; social studies, including history, economics and civics; career preparation; visual and performing arts; health and physical education; and foreign languages. Only students in a public school or a private school approved for tuition that enrolls at least 60% publicly funded students, as determined by the previous school year's October and April average enrollment, are required to participate in the system of learning results. 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 adopted adapted to accommodate exceptional students children with disabilities as defined in section 7001, subsection 2 1-A.

Sec. 11. 20-A MRSA §7001, as amended by PL 2003, c. 676, §§1 and 2, is further amended to read: