Whereas, this legislation needs to take effect before the expiration of the 90-day period because the Department of Education has indicated its intent to make changes in requirements for standardized testing in the Spring of 2006; and

Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 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, except that any alternative measures must be submitted to the Legislature for its approval prior to being used. 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 as defined in section 7001, subsection 2 or other students as defined under rules by the commissioner.

Sec. 2. 20-A MRSA §6202, as amended by PL 2005, c. 446, §3, is further amended by adding a new 2nd paragraph to read:

Beginning with the 2007 school year, the commissioner may implement the use of the Scholastic Aptitude Test for grade 11 students.

Emergency clause. In view of the emergency cited in the preamble, this Act takes effect when approved.