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An Act To Ensure the Provision of Necessary Conditions for Effective Education Reform
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 20-A MRSA §6201, sub-§3,  as enacted by PL 1983, c. 859, Pt. D, §§3 and 4, is repealed.
Sec. 2. 20-A MRSA §6201, sub-§4,  as amended by PL 2001, c. 454, §28, is repealed.
Sec. 3. 20-A MRSA §6201-A  is enacted to read:
§ 6201-A.  Implementation of standards-based education system
Assessment of student learning must be done at the local level to assess student learning instead of student achievement. A classroom teacher shall design, determine and implement the assessment of an individual student at that student’s level, with the assistance of a teacher learning community. For the purpose of this section, "teacher learning community" means a teacher working with other teachers to establish assessment standards to study student learning. A teacher learning community must be organized according to this section.
 
1.  Within the building.     A teacher learning community is within each school building and must be composed of all the teachers within that building and any other person as determined by the teachers.
 
2.  Minimum time.     Teachers must meet in a teacher learning community for a minimum of one hour daily within the normal school day.
 
3.  Teacher coverage.     Teachers meeting in a teaching learning community must have coverage for their assigned responsibilities for student supervision, direct instruction or other assigned duties during the time allocated to the teacher learning community.
 
4.  Activity plan.     The teachers may determine the specific activities during the allocated teacher learning community time and may include group discussion regarding professional practice, peer consultations, research, individual teacher preparation, planning and reflection and other professional activities.
 
5.  Time provided.     The time provided for a teacher learning community must be to supplement, not replace, time otherwise provided for teacher planning, preparation and professional development by any school administrative unit.
Sec. 4. 20-A MRSA §6202-A,  as amended by PL 2005, c. 446, §4 and c. 593, §§1 and 2, is further amended to read:
§ 6202-A. High school graduation decisions
Each school administrative unit shall establish a local assessment system to measure student achievement of the learning results established in section 6209. Local assessments may include portfolios, performances and demonstrations in addition to other measures of achievement. Commercially produced assessment tools may be part of a local assessment system but may not carry a majority of the weight in determining student performance. The local assessment system must be implemented as follows.
 
1.  Technical assistance.     The department shall provide technical assistance to school administrative units in using student achievement data to inform teaching and learning. The department shall establish quality standards for the statewide assessment program and the local assessment systems.
 
2.  Implementation.     By the end of the 2003-2004 school year, the local assessment system established pursuant to this section must be fully implemented in school administrative units as the measure of student progress.
 
2-A.  Moratorium.     Notwithstanding subsection 2, a moratorium is imposed for the 2006-2007 school year for activities associated with assessments designed to certify student achievement. Assessments used for informing teaching and learning are exempt from this moratorium. This subsection is repealed June 30, 2007.
 
3. Public high school graduation decisions; learning results endorsements; annual targets.   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.
 
A. By the 2009-2010 school year, learning results endorsements may be awarded to students who, at a minimum, demonstrate achievement of the content standards in English language arts and mathematics based on the school administrative unit's local assessment system.
 
B. By the 2010-2011 school year, learning results endorsements may be awarded to students who, at a minimum, demonstrate achievement of the content standards in English language arts, mathematics, science and technology, social studies and health and physical education based on the school administrative unit's local assessment system.
 
C. By the 2011-2012 school year, the awarding of learning results endorsements must be determined by student achievement of the standards of the system of learning results in each of the 8 content areas of the system of learning results based on the school administrative unit's assessment system.
 
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.   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.
 
A. By the 2009-2010 school year, learning results endorsements may be awarded to students who, at a minimum, demonstrate achievement of the content standards in English language arts and mathematics.
 
B. By the 2010-2011 school year, learning results endorsements may be awarded to students who, at a minimum, demonstrate achievement of the content standards in English language arts, mathematics, science and technology, social studies and health and physical education.
 
C. By the 2011-2012 school year, the awarding of learning results endorsements in addition to the high school diploma for publicly funded students in private schools must be determined by student achievement of the standards of the system of learning results in each of the 8 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.
 
SUMMARY
This bill changes the conditions and resources that implement the standards-based education system for all students and it requires these conditions and resources to be provided in all school administrative units. It also requires that comprehensive plans for the implementation of standards-based education be collaboratively developed.