HP0946, LD 1396, item 1, An Act Regarding Educational Standards for Maine Students

An Act Regarding Educational Standards for Maine Students

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

Sec. 1. 20-A MRSA §4706, sub-§2, as repealed and replaced by PL 2003, c. 510, Pt. B, §5, is amended to read:

2. Maine studies. Maine history, including the Constitution of Maine, Maine geography and environment and the natural, industrial and economic resources of Maine and Maine's cultural and ethnic heritage, must be taught. A required component of Maine studies is Maine Native American studies , which must be included in the review of content standards and performance indicators of the learning results conducted in accordance with section 6209, subsection 4. The Maine Native American studies must address the following topics:

A. Maine tribal governments and political systems and their relationship with local, state, national and international governments;

B. Maine Native American cultural systems and the experience of Maine tribal people throughout history;

C. Maine Native American territories; and

D. Maine Native American economic systems.

Sec. 2. 20-A MRSA §6202, sub-§3 is enacted to read:

3. College and career readiness. The commissioner shall adopt a system of college and career readiness assessments, referred to in this section as "the assessments," to assess whether students upon graduating from high school are ready to enter college or a career. The commissioner shall convene a commission that includes teachers, college or university professors, parents, school board members, national experts, state experts and education consultants to provide advice, guidance and recommendations for the alignment of content standards to the assessments and the design of the examinations included in the assessments. The assessments must be approved by the state board and the Education Coordinating Committee established under section 9.

A. The commission convened by the commissioner must include college or university professors specializing in specific content areas to develop standards for secondary school students.

B. For students who enter grade 9 on or after July 1, 2015, the assessments must be aligned with the standards for awarding high school diplomas prescribed in chapter 207-A, subchapter 3, provide a measure of student performance and be one determinant of student eligibility for a high school diploma.

Sec. 3. 20-A MRSA §6209, first ¶, as amended by PL 2009, c. 647, §1, is further amended to read:

Nothing in this section requires any school administrative unit to use all or any part of standards adopted under this section. Notwithstanding any other provision of law, no state funds may be withheld from a school administrative unit or school for refusal to adopt or use the standards established under this section. The department in consultation with the state board shall by rule establish and implement a comprehensive, statewide system of learning results, which may must include a core of standards in English language arts and , mathematics , science and social studies 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 department must shall establish accountability standards at all grade levels in the areas of mathematics; reading and writing; social studies; and science and technology. The department shall establish parameters for essential instruction and graduation requirements 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 students in a public school or a private school approved for tuition that enrolls at least 60% publicly funded students, as determined by the previous school year's October and April average enrollment, are required to 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-A. The commissioner may not adopt any model curricula that are aligned with the content standards adopted under this section.

Sec. 4. 20-A MRSA §6209, sub-§1-A, as enacted by PL 2007, c. 259, §5, is amended to read:

1-A. Accountability standards. Each student must be assessed Assessment of students by means of a statewide assessment must be in the following areas:

A. Reading and writing;

B. Mathematics; and

C. Science , in those content areas concerning cells and continuity and change. ; and

D. Social studies.

Sec. 5. 20-A MRSA §6209, sub-§4, as amended by PL 2013, c. 244, §2, is repealed.

Sec. 6. 20-A MRSA §6209, sub-§§5 and 6 are enacted to read:

5. Limitation on release of certain information. If the Federal Government requires as a condition of a federal education grant relating to the development or implementation of content standards that the grant recipient provide personally identifiable information of students or teachers, the grant recipient shall provide aggregate data only, unless the grant recipient receives informed written consent to release the personally identifiable information of a student from the student's parent or guardian or informed written consent to release personally identifiable information of a teacher from the teacher.

6. Parental right to opt out. A student's parent or guardian may submit a written request to a school administrative unit to excuse the student from any standardized examination that is part of the system of learning results established in this section. The school administrative unit shall comply with the request and excuse the student in conformance with the request.

A. A school administrative unit:

(1) May not penalize a student who is excused from an examination pursuant to this subsection;

(2) Shall inform parents and guardians of students of the option to excuse a student from an examination pursuant to this subsection;

(3) Shall provide a student excused from an examination with an educational activity while the examination is being administered; and

(4) Shall post the form created by the department under paragraph B, subparagraph (2) on the school administrative unit's publicly accessible website.

B. The department:

(1) May not penalize a school for excusing a student from an examination pursuant to this subsection;

(2) Shall create a form a parent or guardian can use to request that a student be excused from an examination under this subsection and shall post the form on the department's publicly accessible website; and

(3) Shall notify parents and guardians of students of the option to excuse a student from an examination under this subsection by posting notice on the department's publicly accessible website.

C. A teacher may inform a parent or guardian of the option to excuse a student from an examination pursuant to this subsection without penalty.

Sec. 7. Revocation and replacement of the common core state standards and assessments. For the 2015-2016 school year, the Department of Education shall furnish and school administrative units and schools shall administer the assessments for elementary and secondary schools implemented during the 2013-2014 school year pursuant to the statewide assessment in place during the 2013-2014 school year.

1. Revocation. The content standards of the system of learning results for English language arts and mathematics that were formulated to align with the common core state standards pursuant to Public Law 2009, chapter 647, section 1 are void at the end of the 2015-2016 school year.

2. Replacement of current content standards and assessments. The Department of Education:

A. Notwithstanding the Maine Revised Statutes, Title 20-A, section 6211, shall by routine technical rule replace the current content standards in English language arts and mathematics adopted under Title 20-A, section 6209 with new standards that are consistent with the standards in effect in the Commonwealth of Massachusetts in 2009. The standards adopted under this section must be, as much as possible, identical to those adopted by Massachusetts, except when a Maine context requires otherwise. The content standards apply to the 2016-2017, 2017-2018 and 2018-2019 school years;

B. Notwithstanding Title 20-A, section 6211, shall by routine technical rule amend Rule Chapter 131, The Maine Federal, State, and Local Accountability Standards, and Rule Chapter 132, Learning Results: Parameters for Essential Instruction, to include in the statewide system of learning results and assessments a core of English language arts, mathematics, science and social studies standards for kindergarten to grade 12 students aligned with the content standards in effect in the Commonwealth of Massachusetts in 2009. The content standards for kindergarten to grade 12 included in these amended rules must clarify for students the relevance of English language arts, mathematics, science and social studies to everyday life and help students become successful analytical thinkers prepared for postsecondary education, careers and civic life. The core applies to the 2016-2017, 2017-2018 and 2018-2019 school years;

C. Notwithstanding Title 20-A, section 6211, shall by routine technical rule adopt, not later than 90 days after the effective date of the bill, assessments for elementary and secondary schools in English language arts and mathematics that are aligned with the content standards adopted under paragraph A. The assessments apply to the 2016-2017, 2017-2018 and 2018-2019 school years; and

D. Shall adopt the new content standards and assessments in accordance with subsection 3 so that they are in place beginning with the 2019-2020 school year.

3. Independent statewide content standards; assessments. By June 30, 2017, subject to the approval required under section 8, the department shall provisionally adopt major substantive rules as defined in Title 5, chapter 375, subchapter 2-A establishing new statewide content standards for kindergarten and for each grade from grade 1 to grade 12 in English language arts, mathematics, science and social studies, for use beginning with the 2019-2020 school year, that are distinct and independent from the standards previously adopted by the department pursuant to Public Law 2009, chapter 647, section 1. The department shall also develop and adopt by June 30, 2019 assessments for elementary and secondary schools in English language arts and mathematics that are aligned with the new content standards for use beginning with the 2019-2020 school year. The statewide content standards must:

A. Be limited to English language arts, mathematics, science and social studies;

B. Emphasize coherence, focus and essential knowledge and must be more challenging and demanding when compared to international standards;

C. Include the essential academic content and skills that students are expected to know and to have at each grade level;

D. Promote lifelong learning by providing essential knowledge and skills based in the liberal arts tradition as well as science, technology, engineering, mathematics and career and technical education; and

E. Be clearly written, transparent and understandable by parents, educators and the general public.

4. Restrictions. In developing the statewide content standards under this section:

A. An official, employee or agent of the State whether appointed or elected may not:

(1) Enter into any agreement or memorandum of understanding with any Federal Government agency or private entity that would require the State to abdicate any measure of control over the development, adoption or revision of the content standards in the system of learning results; or

(2) Join on behalf of the State or a state agency any consortium, association or other entity when such membership would require the State or a school board to concede any measure of control over education, including academic content standards and assessments of such standards; and

B. The department may not:

(1) Adopt or implement the content standards for English language arts and mathematics developed by the common core state standards initiative or any similar initiative process or program; or

(2) Use the assessments developed by the Smarter Balanced Assessment Consortium or the Partnership for Assessment of Readiness for College and Careers or any other assessments related to or based on the common core state standards.

Sec. 8. Committees. The following committees are established to review and approve statewide content standards developed by the department pursuant to section 7.

1. Membership. Members of committees must be appointed in accordance with this subsection. Appointed members of each committee serve at the pleasure of the appointing authority.

A. The English language arts academic standards review committee is established to review and approve content standards in the subject of English language arts. The committee consists of the following members:

(1) Three experts who have no vested interest with a special interest group or a nonprofit group who are residents of this State and who primarily conduct research, provide instruction, currently work or possess an advanced degree in the subject area. One expert is appointed by the President of the Senate, one by the Speaker of the House of Representatives and one by the Governor;

(2) One parent or guardian of a student, appointed by the President of the Senate;

(3) Four educators who are currently teaching in classrooms, including one college or university professor, one secondary school teacher, one middle school teacher and one elementary school teacher, appointed by the Speaker of the House of Representatives;

(4) The Chancellor of the University of Maine System or the chancellor's designee; and

(5) A member of the State Board of Education who is selected by a majority of the members of the State Board of Education, who shall serve as the chair of the committee.

B. The mathematics academic standards review committee is established to review and approve academic content standards in the subject of mathematics. The committee consists of the following members:

(2) One parent or guardian of a student, appointed by the Speaker of the House of Representatives;

(4) The Chancellor of the University of Maine System or the chancellor's designee; and

(5) A member of the State Board of Education who is selected by a majority of the members of the State Board of Education, who shall serve as the chair of the committee.

C. The science academic standards review committee is established to review and approve academic content standards in the subject of science. The committee consists of the following members:

(2) One parent or guardian of a student, appointed by the Speaker of the House of Representatives;

(4) The Chancellor of the University of Maine System or the chancellor's designee; and

(5) A member of the State Board of Education who is selected by a majority of the members of the State Board of Education, who shall serve as the chair of the committee.

D. The social studies academic standards review committee is established to review and approve academic content standards in the subject of social studies. The committee consists of the following members:

(2) One parent or guardian of a student, appointed by the Speaker of the House of Representatives;

(4) The Chancellor of the University of Maine System or the chancellor's designee; and

(5) A member of the State Board of Education who is selected by a majority of the members of the State Board of Education, who shall serve as the chair of the committee.

2. Review and approval. Each committee created under this section shall review and approve the academic content standards for its respective subject area to ensure that such standards are clear, concise and appropriate for each grade level and promote higher student performance, learning, subject matter comprehension and improved student achievement. Each committee also shall review whether the standards for its respective subject area promote essential knowledge in the subject, lifelong learning, the liberal arts tradition and college and career readiness and whether the standards reduce remediation. Each committee shall determine whether the assessments submitted to that committee are appropriate for the committee's respective subject area and meet the academic content standards in the Maine Revised Statutes, Title 20-A, section 6209 and community expectations.

3. Comparison of content standards. In addition to its duties under subsection 2, each committee shall compare the content standards in English language arts, mathematics, science or social studies adopted under section 7, subsection 2 with the content standards in English language arts, mathematics, science or social studies that were previously adopted by the Department of Education pursuant to Public Law 2009, chapter 313, section 19 and Public Law 2009, chapter 647, section 1. Each committee shall compile a report detailing substantial similarities between these sets of content standards and recommend that the department include those similar items in the new content standards. The committees shall submit the reports required under this section to the department no later than December 31, 2016.

4. Department support. The Department of Education shall provide administrative support for each committee created under this section.

Sec. 9. Comparison of new content standards. Upon the adoption of the new content standards under section 7, the Department of Education shall compare the new content standards in English language arts, mathematics, science and social studies with the content standards that were previously adopted pursuant to Public Law 2009, chapter 313 and Public Law 2009, chapter 647. The department shall consider public comments and the use of best practices, evidence and research in the evaluation and comparison of the content standards. The department shall submit a report summarizing the results of the comparison of the content standards to the Governor and to the joint standing committee of the Legislature having jurisdiction over education matters.

Upon the development and adoption of the new assessments required under section 7, the Department of Education shall compare those assessments with the assessments for elementary and secondary schools that were administered during the 2013-2014 school year, including the New England Common Assessment Program for grades 3 to 8 and the Maine High School Assessment testing program for grade 11 that included the SATs in reading, mathematics and writing, as well as the Maine High School Assessment science test that was developed in collaboration with Measured Progress, and with the Massachusetts Comprehensive Assessment System assessments that were administered during the 2016-2017 school year.

The Department of Education shall publish the comparison on its publicly accessible website.

Sec. 10. Legislative intent. It is the intent of the Legislature that any assessment related to the Smarter Balanced Assessment Consortium or Partnership for Assessment of Readiness for College and Careers not be used for the 2015-2016 school year or any school year thereafter.

SUMMARY

This bill provides Maine students and teachers with high-quality content standards that have been demonstrated as some of the best state standards in the nation. The bill accomplishes the following with regard to the statewide content standards, statewide assessment programs, the comparison of recent and proposed content standards and statewide assessment programs and the release of personally identifiable data.

With regard to content standards, the bill:

1. Prohibits the Department of Education from adopting and implementing the common core state standards, or any standards developed by any similar initiative process or program, as the State's content standards for English language arts and mathematics and voids any prior actions taken to adopt or implement the common core state standards;

2. Requires the Department of Education, within 90 days after the bill's effective date, to replace the content standards in English language arts, mathematics, science and social studies with new standards that are consistent with the standards adopted by Massachusetts prior to that state's adoption of the common core state standards, so that Maine's standards are, as much as possible, identical to those adopted by Massachusetts, except when a Maine context requires otherwise;

3. Specifies that the content standards that are based on the Massachusetts standards are effective for the 2016-2017, 2017-2018 and 2018-2019 school years only;

4. Requires the Department of Education, by June 30, 2017, to adopt new content standards for kindergarten and for each of grades 1 to 12 in English language arts, mathematics, science and social studies that are distinct and independent from the standards previously adopted by the Department of Education so that they are in place beginning with the 2019-2020 school year;

5. States that a school administrative unit is not required to use all or any part of the content standards adopted by the Department of Education;

6. Prohibits the Commissioner of Education from adopting any model curricula that are aligned with the content standards; and

7. Prohibits the Department of Education, the State Board of Education and any other state official, board or agency from adopting or revising any content standards in English language arts, mathematics, science or social studies until the new or revised standards are approved in accordance with the bill.

With regard to assessments, the bill:

1. Prohibits the Department of Education from using the assessments developed by the Smarter Balanced Assessment Consortium or the Partnership for Assessment of Readiness for College and Careers during the 2015-2016 school year or any school year thereafter; and also prohibits the department beginning with the 2015-2016 school year from using the assessments related to or based on the common core state standards by the Smarter Balanced Assessment Consortium, the Partnership for Assessment of Readiness for College and Careers or any other consortium of states working together to develop a set of assessments that measure whether students are on track to be successful in college and their careers;

2. For the 2015-2016 school year, requires the Department of Education to furnish and school administrative units and schools to administer the assessments for elementary and secondary schools that were administered during the 2013-2014 school year, including the New England Common Assessment Program for grades 3 to 8 and the Maine High School Assessment testing program for grade 11 that includes the SATs in reading, mathematics and writing, as well as the Maine High School Assessment science test that was developed in collaboration with Measured Progress;

3. Requires the Department of Education to adopt or develop, not later than 90 days after the effective date of the bill, assessments for elementary and secondary schools in English language arts and mathematics that are aligned with the State's version of Massachusetts content standards for use only during the 2016-2017, 2017-2018 and 2018-2019 school years;

4. Requires the Department of Education to adopt or develop by June 30, 2019 assessments for elementary and secondary schools in English language arts and mathematics that are aligned with the new standards for use during the 2019-2020 school year and each school year thereafter;

5. Specifies that the nationally standardized assessment that is required as part of the statewide educational assessment program must be a nationally recognized, norm-referenced assessment, instead of a nationally standardized assessment as under current law and adds the requirement that it measure college and career readiness; and

6. Requires that a school administrative unit excuse a student from standardized assessments at the written request of the student's parent or guardian and establishes requirements for school administrative units and the Department of Education related to excusing a student.

With regard to the comparison of standards and assessments, the bill:

1. Requires the Department of Education to compare and publish on its website a comparison of the new content standards in English language arts, mathematics, science and social studies that will be effective in the 2019-2020 school year with Maine's state standards and the parameters for essential instruction and graduation requirements and to submit a report to the Legislature and Governor outlining the results of the comparison of the standards; and

2. Requires the subcommittees in the content areas of English language arts, mathematics, science and social studies to compare the content standards in English language arts, mathematics, science and social studies with the content standards that were previously adopted by the Department of Education pursuant to Public Law 2009, chapter 313, section 19 and Public Law 2009, chapter 647, section 1.

With regard to the release of personally identifiable data, the bill:

1. Specifies that, if the Federal Government requires a grant recipient to provide personally identifiable information of students or teachers as a condition of a federal education grant relating to content standards, only aggregate data may be provided for that purpose; and

2. Prohibits a federal grant recipient from releasing personally identifiable information without informed written consent of the student's parent or guardian for a student's information or of the teacher for a teacher's information.

HP0946 LD 1396	Session - 127th Maine Legislature		LR 1487 Item 1
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