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An Act To Make the Maine Educational Assessment Optional for Kindergarten to Grade 8
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 20-A MRSA §6202, first ¶, as amended by PL 2015, c. 40, §4, 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 in grades 3 to 12 on the accountability standards set forth in section 6209 and in department rules implementing that section and other curricular requirements. The commissioner may elect to provide for the use of alternative measures of student achievement in grades 9 to 12. This assessment applies to students in theparticipating public elementary and secondary schools, in public charter schools, as that term is defined in section 2401, subsection 9, 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 children with disabilities as defined in section 7001, subsection 1-A or other students as defined under rules by the commissioner. The participation of a public elementary or secondary school, public charter school or private school under this paragraph or a school administrative unit for grades 3 to 8 is optional. A public elementary or secondary school, public charter school or private school under this paragraph or a school administrative unit may conduct a locally developed assessment to track that school's or unit's student performance for grades 3 to 8.
Sec. 2. 20-A MRSA §6202-B, as enacted by PL 2007, c. 259, §3, is amended to read:
§ 6202-B.Multiple measures of student achievement
Each participating school administrative unit shall use multiple assessment methods to measure student achievement of the learning results set forth in section 6209 and in department rules implementing that section and other curricular requirements established in section 6209 to inform instruction and ensure students are making progress toward achieving the learning results set forth in section 6209 and in department rules implementing that section, other curricular requirements and the requirements of a common core course of study.
Sec. 3. 20-A MRSA §6204, sub-§1, as amended by PL 1987, c. 662, §1, is further amended to read:
 
1. State profile report.   The commissioner shall annually report the results of the state assessment program with regard to the general performance profile of the students of the state'sState's participating elementary and secondary schools.
 
A. When a report is made under this subsection for purposes of comparative analysis, the reporting mechanisms and the categories reported shallmust be uniform for each school.
Sec. 4. 20-A MRSA §§6205 and 6206, as enacted by PL 1983, c. 859, Pt. D, §§3 and 4, are amended to read:
§ 6205.Assessment data
The department shall provide each participating school with assessment data on individual students. Such assessment data shallmust become part of the student's educational record and shallmust be made available to the parents of each student or student of majority age in accordance with local school policies. It shallThe data must be held confidential from unauthorized persons in accordance with the confidentiality provisions of this Title and federal law.
§ 6206.Educational costs
Costs relating to the development of the state assessment program, printing, distribution, analysis and dissemination of results for each participating school administrative unit shallmust be paid by the department.
Sec. 5. 20-A MRSA §6209, first ¶, as amended by PL 2015, c. 489, §3, is further amended to read:
The department in consultation with the state board shall establish and implement a comprehensive, statewide system of learning results, which may include a core of standards in English language arts and mathematics for kindergarten to grade 12 established in common with the other states, as set forth in this section and in department rules implementing this section and other curricular requirements. The statewide system of learning results is optional for kindergarten to grade 8. The department must establish accountability standards at all grade levels in the areas of mathematics; reading; and science and technology. The department shall establish parameters for essential instruction in English language arts; mathematics; science and technology; social studies; career and education development; visual and performing arts; health, physical education and wellness; and world languages. Only aA public school, a public charter school as defined in section 2401, subsection 9 or a private school approved for tuition purposes that enrolls at least 60% publicly funded students, as determined by the previous school year's October and April average enrollment, is required tomay participate in the system of learning results set forth in this section and in department rules implementing this section and other curricular requirements. 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 adapted to accommodate children with disabilities as defined in section 7001, subsection 1-B.
Sec. 6. 20-A MRSA §6209, sub-§2, as amended by PL 2017, c. 466, §11, is further amended to read:
 
2. Parameters for essential instruction and graduation requirements.   Each participating school subject to the provisions of this section shall ensure sufficient opportunity and capacity through multiple pathways for all students to study in the areas of:
 
A. Career and education development;
 
B. English language arts;
 
C. World languages;
 
D. Health, physical education and wellness;
 
E. Mathematics;
 
F. Science and technology;
 
G. Social studies; and
 
H. Visual and performing arts.
Sec. 7. 20-A MRSA §6209, sub-§3, as amended by PL 2007, c. 259, §5, is further amended to read:
 
3. Career and education development; world languages; visual and performing arts.   By the end of the 2007-2008 school year, each participating local school administrative unit shall implement standards in the areas of career and education development, world languages and visual and performing arts. Notwithstanding any other provision of this chapter, the commissioner is authorized to establish rules for inclusion of some portion of the standards in visual and performing arts for the graduating class of 2011-2012.
Sec. 8. 20-A MRSA §6209, sub-§3-A, as amended by PL 2017, c. 466, §12, is further amended to read:
 
3-A. Transcripts.   A participating school subject to this section shall:
 
B. Certify on the basis of objective measures in the transcript a student's postsecondary readiness; and
 
C. Establish a transcript that meets the requirements of paragraph B as an officially sanctioned credential of student learning for admission to a postsecondary education institution and employment in a business, trade or industry.
Sec. 9. 20-A MRSA §6213, sub-§10, ¶C, as enacted by PL 2011, c. 446, §2, is repealed.
 
SUMMARY
This bill makes the currently mandatory state assessment program for schools optional for kindergarten to grade 8.