Amend the bill by inserting after the title and before the enacting clause the following:
‘
Mandate preamble. This measure requires one or more local units of government to expand or modify activities so as to necessitate additional expenditures from local revenues but does not provide funding for at least 90% of those expenditures. Pursuant to the Constitution of Maine, Article IX, Section 21, 2/3 of all of the members elected to each House have determined it necessary to enact this measure.
Amend the bill by striking out everything after the enacting clause and before the summary and inserting the following:
‘Sec. 1. 20-A MRSA §253, sub-§9 is enacted to read:
Sec. 2. 20-A MRSA §2902, sub-§3, as repealed and replaced by PL 1985, c. 797, §22, is amended to read:
Sec. 3. 20-A MRSA §4502, sub-§1, as amended by PL 2001, c. 454, §12, is further amended to read:
Sec. 4. 20-A MRSA §4502, sub-§6, as repealed and replaced by PL 2001, c. 454, §15, is amended to read:
Sec. 5. 20-A MRSA §4502, sub-§8, as enacted by PL 2001, c. 454, §16, is amended to read:
Sec. 6. 20-A MRSA §4722, sub-§§7 and 8 are enacted to read:
Sec. 7. 20-A MRSA §4722-A is enacted to read:
Beginning January 1, 2017, a diploma indicating graduation from a secondary school must be based on student demonstration of proficiency as described in this section. The commissioner may permit a school administrative unit to award diplomas under this section prior to January 1, 2017 if the commissioner finds that the unit's plan for awarding diplomas meets the criteria for proficiency-based graduation under this section.
Sec. 8. 20-A MRSA §13016, sub-§2, as amended by PL 1991, c. 622, Pt. X, §8, is further amended to read:
Sec. 9. Development of standards-based system tools. The Department of Education shall coordinate the development of standards, assessments and assessment criteria needed to enable school administrative units to implement a standards-based system of education.
1. The Department of Education shall convene a working group to develop standards, assessments and assessment criteria for determining student proficiency in the guiding principles as outlined in department rule that are required for secondary school graduation beginning January 1, 2017. The working group must include representatives from school administrative units currently developing those standards, assessments and assessment criteria. The working group shall develop draft standards, assessments and assessment criteria for review not later than July 1, 2013.
2. The Department of Education shall maintain a publicly accessible website to serve as a resource for schools implementing standards-based education systems. The website must:
A. Include information about the experience of school administrative units that are engaged in transforming their schools to standards-based systems, including schools involved in the Maine Cohort for Customized Learning and the League of Innovative Schools of the New England Secondary School Consortium;
B. Include a repository of model materials, including but not limited to report cards and transcripts, assessment methodologies and assessment criteria for all content areas of the system of learning results;
C. Be designed to facilitate communication among educators and administrators on the transformation of schools to standards-based education systems; and
D. Provide information for school administrative units seeking to create regional capacity to implement standards-based education systems, including information about applying for a grant from the Fund for the Efficient Delivery of Educational Services established pursuant to the Maine Revised Statutes, Title 20-A, section 2651 and information about school administrative units that are currently engaging in regional cooperation in delivering education.
Sec. 10. Development of technical assistance plan. The Department of Education shall develop a technical assistance plan that includes a timeline with implementation dates for the resources and initiatives the department will provide to enable school administrative units to transition to a standards-based education system. The technical assistance plan must include but is not limited to the standards-based system tools described in section 9, other resources related to model policies and best practices, professional development and training and other initiatives that the department determines will be necessary for school administrative units to transform their schools to a standards-based education system. The technical assistance plan must be presented to the joint standing committee of the Legislature having jurisdiction over education matters for review by March 1, 2013. The joint standing committee may introduce a bill to the First Regular Session of the 126th Legislature related to the department's activities described in this section and section 9.
Sec. 11. Amendment of age-based and grade-based statutory provisions. The Department of Education shall submit a bill to the First Regular Session of the 126th Legislature to amend provisions of the Maine Revised Statutes, Title 20-A that unreasonably restrict the ability of school administrative units to advance or graduate students based on demonstrated proficiency in education standards. The bill may include an amendment to the rule-making provisions under Title 20-A, section 253, subsection 9.’
summary
This amendment strikes and replaces the bill to establish statutory standards and to direct the Department of Education to develop standards and procedures that enable school administrative units to transition to a standards-based system of education that awards a high school diploma based on a student's demonstrated proficiency in the areas of assessment under state learning standards. The amendment adds a mandate preamble and makes the following changes to the bill.
1. It provides that new high school diploma standards and requirements are applicable to graduations beginning January 1, 2017 and reaffirms that students must have the opportunity to gain proficiency through multiple pathways and to demonstrate their proficiency by presenting multiple types of evidence. It also provides exceptions to the proficiency-based high school diploma requirements for students in certain circumstances, including carrying forward current exceptions to the standards for awarding a high school diploma.
2. It amends the current high school diploma standards to provide that existing requirements are applicable to high school diplomas awarded before January 1, 2017 and that, if a school administrative unit wants to move to awarding a high school diploma using proficiency-based standards before that date, the school unit may apply to the Commissioner of Education to request the authority to do so.
3. It repeals the existing high school diploma standards effective July 1, 2020 in order to authorize the Commissioner of Education to provide a waiver to a school administrative unit that requests an extension of the January 1, 2017 deadline for transitioning to proficiency-based standards for awarding a high school diploma.
4. It permits the Commissioner of Education to waive or alter the application of age-based and grade-based requirements in law, if the alteration is needed to facilitate standards-based education and the commissioner approves a plan to transition to proficiency-based graduation. The commissioner must adopt rules to implement this authority.
5. It provides that a school administrative unit's comprehensive education plan must include a plan for transitioning to proficiency-based standards for awarding a high school diploma by January 1, 2017.
6. The commissioner is required to provide an annual report by February 1st in 2017, 2018, 2019 and 2020 to the joint standing committee of the Legislature having jurisdiction over education matters on the number of transition plan waivers provided to school units and to post the annual report on the Department of Education's website.
7. It provides that a certified teacher may include training on standards-based education toward the 6-hour recertification requirement.
8. It directs the Department of Education to coordinate the development of tools needed to enable school administrative units to implement a standards-based system of education. It also directs the department to convene a working group to develop standards, assessments and assessment criteria for determining proficiency in the guiding principles as outlined in department rule that are required for secondary school graduation and to provide resources and communication opportunities for educators.
9. It directs the Department of Education to develop a technical assistance plan that includes a timeline with implementation dates for the resources and initiatives the department will provide to enable school administrative units to transition to a standards-based system of education. It requires the department to present the technical assistance plan to the joint standing committee of the Legislature having jurisdiction over education matters for review not later than March 1, 2013, and it authorizes the joint standing committee to introduce a bill to the First Regular Session of the 126th Legislature.
10. It directs the Department of Education to submit a bill to the First Regular Session of the 126th Legislature to address provisions of the Maine Revised Statutes, Title 20-A that unreasonably restrict the ability of school administrative units to advance or graduate students based on demonstrated proficiency in education standards.
FISCAL NOTE REQUIRED
(See attached)