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An Act To Assess and Improve the Quality of Physical Education in Kindergarten to Grade 12
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 20-A MRSA §4502, sub-§8, ¶A, as enacted by PL 2011, c. 669, §5, is amended to read:
 
A. Financial hardship is one criterion the commissioner must consider in determining whether to grant a waiver, except that when a waiver from compliance with a physical education requirement in section 4711, 4712 or 4723 is being considered, the commissioner may not consider financial hardship.
Sec. 2. Assessment of physical education offered in schools. The Department of Education shall conduct a comprehensive assessment of physical education offered to kindergarten to grade 12 students in public schools.
1. The assessment must include a review of the following for each school administrative unit:
A. The quantity of physical education offered to students in the school administrative unit;
B. Physical education curriculum standards including whether the school administrative unit is using a planned kindergarten to grade 12 sequential physical education curriculum that adheres to national and state standards for physical education and whether this curriculum is systematically reviewed and updated;
C. The credentials of physical education teachers in the school administrative unit;
D. Programs used by the school administrative unit to integrate student fitness and professional development for teachers;
E. Physical education equipment and facilities;
F. Any waivers or exemptions from state physical education requirements;
G. Whether a policy exists that allows teachers or administrators to withhold physical activity as punishment;
H. Whether the school administrative unit has other physical activity opportunities, including safe routes to school, classroom activity breaks and club, intramural or team sports;
I. Whether there are requirements for fitness, motor skills, cognitive and affective assessment in physical education that are based on student improvement and knowledge gain; and
J. Whether physical education course grades are included in the calculation of grade point averages, class rank and academic recognition programs such as honor roll in the same manner as other subject areas.
2. As part of the department's review, the department shall work with all school administrative units to complete a comprehensive self-assessment of the school administrative unit's physical education programs, which at a minimum must include a self-assessment of the review measures in subsection 1.
3. The department shall make data provided to the department under subsection 2 readily available to the public within one year of being provided. The information must be available on the department's publicly accessible website.
4. Each school administrative unit shall communicate to parents and members of the community a summary of key findings of its self-assessment under subsection 2 through typical communication channels such as the school administrative unit's publicly accessible website, school newsletter or school board report.
5. The department shall work with each school administrative unit to assess how the results of the school administrative unit's self-assessment under subsection 2 should be integrated into the school administrative unit's long-term strategic plan, school improvement plan or school wellness policy.
Sec. 3. Report. By January 1, 2019, the Department of Education shall submit a report to the joint standing committee of the Legislature having jurisdiction over education matters on the status of the department's assessment under section 2.
 
SUMMARY
This bill provides that the Commissioner of Education may not consider financial hardship as a basis for granting a school administrative unit a waiver from physical education requirements.
The bill also directs the Department of Education to conduct a comprehensive assessment of physical education offered to kindergarten to grade 12 students in public schools. As part of the comprehensive assessment, the department is required to work with school administrative units to complete self-assessments.