An Act To Amend Truancy Laws Regarding Parent Involvement
Maine Legislature, Session 123, LD 0454
Committee Amendment CA_A-HA_A_H384 (House)
Amends: 20-A MRSA §3273, 20-A MRSA §5051-A, 20-A MRSA §5053-A, 22 MRSA §4002

HOUSE AMENDMENT" 11" to COMMITTEE AMENDMENT "A" to H.P. 353, 
L.D. 454, Bill, "An Act To Amend Truancy Laws Regarding Parent Involvement" 
Amend the amendment by striking out everything after the 4th indented paragraph 
after the title (page 1, lines 22 to 33 and page 2, lines 1 to 15 in amendment) and inserting 
the following: 
'Amend the bill by striking out all of sections 3, 4 and 5 and inserting the following: 
~' 
'Sec. 3,,~ 20-A MRSA §3273, sub-§l, as repealed and replaced by PL 1989, c. 
415, §6, is repealed and the following enacted in its place: 
1. Civil violations. A parent who has control of a person who is habitually truant 
under section 3272, subsection 2 and who is primarily responsible for that person's 
truancy commits a civil violation under this chapter. 
Sec. 4. 20-A MRSA §3273, sub-§6 is enacted to read: 
6. Fine. For a civil violation under this section, the court may impose a fine not to 
exceed $250, all or part of which may be suspended upon the offender's compliance with 
a court order under this section. 
Sec. 5. 20-A MRSA §5051-A, sub-§l, as enacted by PL 2003, c. 533, §3, is 
amended to read: 
1. Habitually truant. A student is habitually truant if the student is subject to 
section 500 I-A and: 
A. 
Is subjeet to seetioR 500 I A; iifId 
B. 
Has completed grade 6 and has the equivalent of 10 full days of unexcused 
absences or 7 consecutive school days of unexcused absences during a school year~ ; 
or 
C. Is at least 7 years of age and has not completed grade 6 and has the equivalent of 
full days of unexcused absences or 5 consecutive school days of unexcused 
absences during a school year.' 
HOUSE AMENDMENT 
., ... 
~ 
HOUSE AMENDMENT "~to COMMITTEE AMENDMENT "A" to H.P. 353, L.D. 454 
Amend the bill in section 6 in paragraph C in subparagraph (3) in the 2nd line (page 
2, line II in L.D.) by striking out the following: "or Class E crime" 
Amend the bill in section 6 in paragraph C in subparagraph (4) in the 21)d line (page 
2, line 14 in L.D.) by inserting after the following: "statute" the following: 'and the 
Department of Health and Human Services of a violation under subsection 1, paragraph 
~' 
Amend the bill by striking out all of section 8 and inserting the following: 
'Sec. 8. 20-A MRSA §5053-A, sub-§I, as enacted by PL 2003, c. 533, §5, is 
amended to read: 
1. Civil violation. If a parent has control of a student who is habitually truant under 
section 5051-A, subsection 1 and that parent is primarily responsible for that truancy, that 
parent commits a civil violation for which a fine of not less more than m $250 may be 
adjudged, all or part of which may be suspended upon the parent's compliance with a 
court order under subsection 2. 
Sec. 9. 20-A MRSA §5053-A, sub-§4, as enacted by PL 2003, c. 533, §5, is 
amended to read: 
-
4. Prima facie proof. Evidence that shows that the parent received the notice under 
section 5051-A, subsection 2 and that the child has accumulated .w 1 absences that are 
not justified under the established attendance policies of the school administrative unit is 
prima facie proof that the ehild's pareflt failed to eflFOII the ehild ifl sehaol, failed to sefld 
the ehild to sehool or failed to require the ehila ta regularly attefla sehool parent is 
primarily responsible for the child's habitual truancy or the parent failed to take corrective 
measures for the child's habitual truancy. 
Sec. 10. 22 MRSA §4002, sub-§I, as amended by PL 1985, c. 739, § 1, is further 
amended to read: 
1. Abuse or neglect. "Abuse or neglect" means a threat to a child's health or welfare 
by physical, mental or emotional injury or impairment, sexual abuse or exploitation, 
deprivation of essential needs or lack of protection from these or failure to ensure 
compliance with school attendance requirements under Title 20-A, section 3272, 
subsection 2, paragraph B or section 5051-A, subsection 1, paragraph C, by a person 
responsible for the child. 
Sec. 11. 22 MRSA §4002, sub-§6, ~, as amended by PL 2005, c. 373, §4, is 
further amended to read: 
B. Deprivation of adequate food, clothing, shelter, supervision or care or education 
when the child is at least 7 years of age and has not completed grade 6;' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively.' 
HOUSE AMENDMENT 
HOUSE AMENDMENT .k- to COMMITTEE AMENDMENT "A" to H.P. 353, L.D. 454 
SUMMARY 
This amendment removes the provision in the bill making it a Class E crime for 
parents who fail to take corrective measures for truant children from kindergarten to 
grade 6. 
It amends the definition of "jeopardy" in the statutes administered by the 
Department of Health and Human Services to include deprivation of education when the 
child is at least 7 years of age and has not completed grade 6. It requires a superintendent 
to include in the mandatory notice sent to parents of truant children that the 
superintendent is authorized to notify the Department of Health and Human Services of 
the truancy. It amends the definition of "abuse and neglect" to include violation of 
truancy laws by parents of children who are at least 7 years of age and have not 
completed grade 6. 
It allows a court to impose a fine not to 
ceed $250 for habitual truancy and allows 
the court to suspend all or part of a fine for h bl 
I truancy upon compliance with a court 
order issued in conne t' 
with the habitual truanc 
SPONSOREDBY:~~ __ ~~~~~ 
__ ~~ 
___ 
(Representative SILSBy) 
TOWN: Augusta 
FISCAL ~OTE REQURED 
(See attached) 
HOUSE AMENDMENT 
Approved: 05/31107 hac 
LD454 
LR471(08) 
An Act To Amend Truancy Laws Regarding Parent Involvement 
Fiscal Note for House Amendment "g" to Committee Amendment "A" 
Sponsor: Rep. Silsby of Augusta 
Fiscal Note Required: Yes 
Fiscal Note 
Minor impact on fme revenue - General Fund 
Minor cost increase - General Fund 
Correctional and Judicial Impact Statements 
Eliminates Class E crimes and replaces with fmes capped at $250 which may be suspended. 
Fiscal Detail and Notes 
Any additional costs to the Department of Health and Human Services can be absorbed by the department utilizing 
existing budget resources. 
LR0471(08) - Fiscal Note - Page 1 of 1