An Act To Implement the Recommendations of the Task Force To Engage Maine's Youth Regarding Successful School Completion
Maine Legislature, Session 123, LD 1860
Committee: Education and Cultural Affairs
Sponsors: MARLEY, MITCHELL, BARSTOW, NORTON, PINGREE, BOWMAN, MILLS
Amends: 20-A MRSA §257, 20-A MRSA §4722, 20-A MRSA §5001-A

Legislative Document 
No. 1860 
H.P.1296 
House of Representatives, April 12,2007 
An Act To Implement the Recommendations of the Task Force To 
Engage Maine's Youth Regarding Successful School Completion 
Received by the Clerk of the House on April 11, 2007. Referred to the Committee on 
Education and Cultural Affairs pursuant to Joint Rule 308.2 and ordered printed pursuant to 
Joint Rule 401. 
7Y/~/J7.~ 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative MARLEY of Portland. (GOVERNOR'S BILL) 
Cosponsored by Senator MITCHELL of Kennebec and 
Representatives: BARSTOW of Gorham, NORTON of Bangor, PINGREE of North Haven, 
Senators: BOWMAN of York, MILLS of Somerset. . 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 20-A MRSA §257, sub-§4 is enacted to read: 
4. Department of Education diploma. The commissioner shall issue a Department 
of Education diploma as defined in section 5161, subsection 2 to a student who is unable 
to obtain a locally awarded diploma due to disruption of education resulting from 
homelessness, unplanned psychiatric hospitalization, unplanned hospitalization for a 
medical emergency, foster care placement, youth development center placement or some 
other out-of-district placement that is not otherwise authorized by either an individualized 
education program or other education plan or a superintendent's agreement developed in 
accordance with section 5205, subsection 2. 
The diploma must be issued to students who have successfully demonstrated achievement 
of the content standards of the system of learning results established pursuant to section 
6209 in addition to any other diploma requirements applicable to secondary students as 
set forth in their school completion plans. 
Sec. 2. 20-A MRSA §4722, sub-§3, as amended by PL 2005, c. 662, Pt. A, §9, is 
further amended to read: 
3. 
Satisfactory completion. A diploma may be awarded to secondary school 
students who have satisfactorily completed all diploma requirements in accordance with 
the academic standards of the school administrative unit and this chapter. All secondary 
school students must work toward achievement of the content standards of the system of 
learning results established pursuant to section 6209. 
Children with disabilities, as 
defmed in section 7001, subsection I-A, 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. 
Students who experience education disruption, as defined in section 500 I-A, subsection 
4, paragraph F, who successfully demonstrate achievement of the content standards of the 
system of learning results in addition to any other diploma requirements applicable to 
secondary school students as set forth in their school completion plans must, with the 
approval of the commissioner, be awarded a Department of Education diploma as defined 
in section 5161, subsection 2. 
Sec. 3. 20-A MRSA §5001-A, sub-§4, ~, as enacted by PL 1983, c. 806, §49, 
is amended to read: 
D. A family emergency; ef 
Sec. 4. 20-A MRSA §5001-A, sub-§4, ~, as enacted by PL 1983, c. 806, §49, 
is amended to read: 
E. A planned absence for a personal or educational purpose whlefl that has been 
approved";; or 
Sec. 5. 20-A MRSA §5001-A, sub-§4, ~F is enacted to read: 
F. 
Education disruption resulting from homelessness, unplanned psychiatric 
hospitalization, unplanned hospitalization for a medical emergency, foster care 
placement, youth development center placement or some other out-of-district 
placement that is not otherwise authorized by either an individualized education 
program or other education plan or a superintendent's agreement developed in 
accordance with section 5205, subsection 2 or resulting from a change of school or 
educational program 3 or more times during a school year. This paragraph does not 
apply to a student who is out of school for 10 or more consecutive school days as a 
result of a planned absence for a reason such as a family event or a medical absence 
for planned hospitalization or recovery. 
Sec. 6. 20-A MRSA c. 211, sub-c. 5 is enacted to read: 
SUBCHAPTER 5 
STUDENTS EXPERIENCING EDUCATION DISRUPTION 
§5161. Definitions 
As used in this subchapter, unless the context otherwise indicates, the following 
terms have the following meanings. 
1. Academic pro2ramming waiver. "Academic programming waiver" means an 
agreement signed by the receiving and sending schools accepting the academic 
programming, credits and documentation of achievement of the standards completed by a 
student at the receiving school or educational program. 
2. Department of Education diploma. "Department of Education diploma" means 
a standards-based diploma that meets state requirements as outlined in this chapter and 
chapter 222 for a student unable to obtain a local school diploma due to education 
disruption. 
3. 
Learning results. 
"Learning results" means the system of learning results 
established pursuant to section 6209. 
4. Receiving school. "Receiving school" means the school or educational program 
that a student who experienced education disruption presently attends. 
5. School completion plan. "School completion plan" means a written personal 
learning plan developed by a team at the receiving school that outlines how a student who 
experienced education disruption will accomplish and demonstrate work for credit to 
meet that student's goals for demonstrated achievement of learning results and any other 
diploma requirements applicable to secondary school students. The school completion 
plan must include a determination as to whether the student who has demonstrated 
achievement of learning results will receive a local school diploma or a Department of 
Education diploma. 
6. Sending school. "Sending school" means the school in which a student who 
experienced education disruption was enrolled at the time of the disruption. 
7. Statewide review team. "Statewide review team" means a team designated by 
the commissioner to address any disputes regarding school completion plans, academic 
programming waivers, credits, transfers, transcripts or acceptance of student work by 
means of a review of the compiled evidence of demonstrated achievement of learning 
results and any other diploma reguirements applicable to secondary school students and 
to make recommendations to the commissioner regarding the award of a Department of 
Education diploma to the student. 
8. Students who experience education disruption. 
"Students who expenence 
education disruption" means: 
A. Children and youth who experience a break in their education or their educational 
program for 10 or more consecutive school days as a result of a situation such as 
homelessness, unplanned psychiatric hospitalization, unplanned hospitalization for a 
medical emergency, foster care placement, youth development center placement or 
some other out-of-district placement that is not otherwise authorized by either an 
individualized education program or other education plan; or 
B. Children or youth who change schools or educational programs 3 or more times a 
year. 
"Students who experience education disruption" does not include students who are out of 
school for 10 or more consecutive school days as a result of planned absences for a 
reason such as a family event or medical absences for planned hospitalization or recoverY 
or pursuant to a superintendent's agreement developed in accordance with section 5205, 
subsection 2. 
§5162. School completion plan 
Students who experience education disruption must have a school completion plan. 
A school completion plan meeting must be convened by the receiving school and the plan 
must be developed or updated by the student, the parent or guardian and the sending and 
receiving schools no later than 10 school days after the student enrolls in the receiving 
school. If an existing plan such as an individualized education program or a transition 
plan as defined in rules adopted by the department or a 504 plan as defined in 34 Code of 
Federal Regulations, Part 104 addresses school completion, a school completion plan is 
not reguired. 
Individual educational materials such as curricula and assignments must be made 
available to the receiving school as soon as possible but no later than 5 school days after 
the student enrolls in the receiving school; otherwise an academic programming waiver 
must be signed by the sending school in which the sending school agrees to accept the 
academic programming implemented at the receiving school and to document on the 
student's transcript the credits earned by the student at the receiving school. 
For every student who experiences education disruption, recelvmg school 
professional staff must be assigned to ensure the complete transfer of all records, grades 
and credits and all academic material, including an academic programming waiver, if 
applicable, from the sending school to the receiving school no later than 5 school days 
after the student enrolls in the receiving school. 
Sec. 7. 20-A MRS A §6001-B, suh-§l, as amended by PL 2001, c. 452, § 14, is 
further amended to read: 
1. Education records must follow students who transfer. Education records must 
fol'low students who transfer to a school in another school administrative unit in the State. 
The education records of students who transfer from educational programs or schools for 
juveniles located in or operated by correctional facilities or out-of-state schools are also 
subject to this requirement. 
For a student who experiences education disruption, as 
defmed in section 5161, subsection 8, the sending school shall send or electronically 
transfer all records to the receiving school or educational program no later than 5 school 
days after the student enrolls in the receiving school or educational program. 
SUMMARY 
This bill implements the recommendations of the Governor's Task Force to Engage 
Maine's Youth. The bill ensures that students experiencing education disruption will 
have the same opportunities as other Maine students to earn an approved high school 
diploma through a challenging academic program that provides these students the 
opportunity to demonstrate achievement of Maine's system of learning results and to earn 
a diploma despite their education disruption. 
This bill addresses the challenges of Maine youth who are homeless or face 
unplanned psychiatric hospitalization, unplanned hospitalization for a medical 
emergency, foster care placement, youth development center placement or other out-of-
district placement that is not otherwise authorized by either an .individualized education 
program or other education plan or a superintendent's agreement, or children and youth 
who change schools or educational programs 3 or more times during a school year and 
are therefore at risk for dropping out of school. The bill carries out the recommendations 
of the task force to address the challenges faced by these students and their schools as 
follows: 
1. A student who experiences a disruption in that student's education or educational 
program for 10 or more consecutive school days must have a school completion plan, 
developed by a team that includes both the sending school and the receiving school, the 
parent or guardian and the student, no later than 10 school days after the student enrolls in 
the receiving school; 
2. The bill requires that if individual educational materials, such as curricula and 
assignments, are not made available to the receiving school within 5 school days after a 
student enrolls in the receiving school, an academic programming waiver must be signed 
by the sending and the receiving schools in which the sending school agrees to accept the 
academic programming implemented at the receiving school. 
The student's school 
I 
completion plan must document the credits earned by the student at the receiving school; 
and 
3. This bill requires that student records be sent or electronically transferred from the 
sending school to the receiving school no later than 5 school days after a student enrolls 
in the receiving school.