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PUBLIC LAWS
First Special Session of the 122nd

CHAPTER 446
H.P. 988 - L.D. 1424

An Act To Simplify Implementation of the Maine Learning Results

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

     Sec. 1. 20-A MRSA §4504, sub-§2, as repealed and replaced by PL 2001, c. 454, §17, is amended to read:

     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, based on a review of the school administrative unit's comprehensive education plan and the local assessment system, or as part of an inspection in accordance with section 258-A.

     Sec. 2. 20-A MRSA §4722, sub-§3, as amended by PL 2001, c. 454, §24 and PL 2003, c. 545, §6, is further amended to read:

     3. Satisfactory completion. A diploma 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 and this chapter. All secondary school students must work toward achievement of the content standards of the system of learning results. Exceptional students, as defined in section 7001, subsection 2, who successfully meet the content standards of the system of learning results in addition to any other diploma requirements applicable to all secondary school students, as specified by the goals and objectives of their individualized education plans, may be awarded a high school diploma. Career and technical 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 career and technical school curriculum.

     Sec. 3. 20-A MRSA §6202, first ¶, as amended by PL 2001, c. 454, §29, is further amended to read:

     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. 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 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. 4. 20-A MRSA §6202-A, sub-§§3 and 4, as amended by PL 2003, c. 712, §2, are further amended to read:

     3. Public high school graduation decisions; learning results endorsements; annual targets. By the 2007-2008 school year, public high school graduation Beginning with the 2007-2008 school year, each school administrative unit may award learning results endorsements in addition to the high school diploma awarded pursuant to section 4722. The awarding of the learning results endorsements 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, public 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.

Beginning with the 2007-2008 school year, the commissioner shall recommend to the Legislature annual targets for the percentage of students to whom school administrative units may award diplomas based on the awarding of credits and the percentage of students receiving learning results endorsements in addition to the high school diploma awarded pursuant to section 4722. Beginning with the 2007-2008 school year, school administrative units must include in their annual basic school approval reports to the commissioner the percentage of students receiving learning results endorsements.

     4. Graduation decisions at certain private high schools; learning results endorsements; annual targets. By the 2007-2008 school year, high school graduation Beginning with the 2007-2008 school year, the option of learning results endorsements in addition to the high school diploma awarded pursuant to section 4722 may also be provided for publicly funded students in private schools approved for tuition that enroll at least 60% publicly funded students, as determined by the previous school year's October and April average enrollment,. The awarding of learning results endorsements 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, in addition to other requirements that may be established by the trustees. By the 2009-2010 school year, high school graduation for publicly funded students in private schools 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, in addition to other requirements as established by the trustees.

Beginning with the 2007-2008 school year, the commissioner shall recommend to the Legislature annual targets for the percentage of students to whom private schools approved for tuition that enroll at least 60% publicly funded students may award diplomas based on the awarding of credits and the percentage of students receiving learning results endorsements in addition to the high school diploma awarded pursuant to section 4722. Beginning with the 2007-2008 school year, private schools approved for tuition that enroll at least 60% publicly funded students must include in their annual basic school approval reports to the commissioner the percentage of students receiving learning results endorsements.

     Sec. 5. 20-A MRSA §6209-A is enacted to read:

§6209-A. State validation

     The commissioner shall validate each school administrative unit's comprehensive education plan, as required in section 4502, subsection 1, and local assessment system, as required in section 6202-A.

     1. Annual report. The commissioner shall annually report by February 1st to the joint standing committee of the Legislature having jurisdiction over education matters on the status of each school administrative unit in implementing the comprehensive education plan, as required in section 4502, subsection 1, and the local assessment system, as required in section 6202-A, including a report on the number and the percentage of learning results endorsements awarded in addition to high school diplomas awarded pursuant to section 4722 for each of the 8 content areas of the system of learning results under section 6209.

When a report is made under this subsection for purposes of comparative analysis, the reporting mechanisms and the categories reported must be uniform for each school administrative unit.

     2. Rules. The commissioner shall adopt or amend rules to implement this section by January 31, 2006. Rules adopted or amended pursuant to this section are major substantive rules as defined in Title 5, chapter 375, subchapter 2-A.

     Sec. 6. 20-A MRSA §6210, as enacted by PL 2001, c. 454, §33, is amended to read:

§6210. School assistance

     The Beginning in the 2005-2006 school year, 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 , or when a review of the comprehensive education plan conducted under section 4504, subsection 2, 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.

     Sec. 7. 20-A MRSA §7202, sub-§5-A is enacted to read:

     5-A. Diploma requirements. Award a high school diploma to each exceptional student who successfully meets the content standards of the system of learning results, in addition to any other diploma requirements applicable to all secondary school students pursuant to section 4722, as specified by the goals and objectives of the student's individualized education plan;

     Sec. 8. State validation of comprehensive education plans and local assessment systems. It is the intent of the Legislature that the major substantive rules adopted or amended pursuant to the Maine Revised Statutes, Title 20-A, section 6209-A must include guidelines and procedures developed by the Commissioner of Education that connect the purposes of the standards for validity and reliability to the quality standards established for the comprehensive, standards-based system of learning results.

Effective September 17, 2005.

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