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 Amendment CA_A_H474 (House)
Amends: 20-A MRSA §257, 20-A MRSA §4722, 20-A MRSA §5001-A, 20-A MRSA §6001-B

COMMITTEE AMENDMENT "A" to H.P. 1296, L.D. 1860, Bill, "An Act To 
Implement the Recommendations of the Task Force To Engage Maine's Youth Regarding 
Successful School Completion" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'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 plan 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 work recognition plan as defined in section 5161, subsection 6. 
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 
defined 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 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT .. 4· to H.P. 1296, L.D. 1860 
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 work recognition plans as defined in 
section 5161, subsection 6 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 wltieH that has been 
approved~~ 
Sec. 5. 20-A MRSA §5001-A, sub-§4, ~ 
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 plan 
or other education plan or a superintendent's agreement developed in accordance with 
section 5205, subsection 2. 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 program mine 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 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ,,4· to H.P. 1296, L.D. 1860 
chapter 222 for a student unable to obtain a local school diploma due to education 
disruption. 
3. Interim placement. "Interim placement" means a temporary assignment for a 
student who experiences education disruption to a program or school approved by the 
department. 
4. 
Learning results. 
"Learning results" means the system of learning results 
established pursuant to section 6209. 
5. Receiving school. "Receiving school" means the school or educational program 
that a student who experienced education disruption presently attends following an 
interim placement. 
6. School work recognition plan. "School work recognition plan" means a written 
plan initiated upon the interim placement of a student who experiences education 
disruption that outlines how the student will accomplish and demonstrate work for 
completion or credit to meet that student's goals for demonstrated achievement of 
learning results as an elementary or secondary student and any other diploma 
requirements applicable to secondary school students. The school work recognition plan 
for high school juniors and seniors 16 to 20 years of age must include a determination as 
. to how and when the decision will be made as to whether the student has met the 
requirements for a local high school diploma or be recommended for a statewide review 
team meeting to discuss the Department of Education diploma. For those students who 
have not met local requirements, information must be provided to the student and to the 
parent or guardian of the student regarding the process to access the Department of 
Education diploma. 
7. Sending school. "Sending school" means the school in which a student who 
experienced education disruption was enrolled at the time of the disruption. 
8. Statewide review team. "Statewide review team" means a team designated by 
the commissioner to address any disputes by means of a review of the compiled evidence 
including transitional academic reports, school work recognition plans, academic 
programming waivers, credits, transfers, transcripts or acceptance of student work 
demonstrating achievement of learning results and any other diploma requirements 
applicable to secondary school students. 
The statewide review team shall use the 
evidence to make recommendations to the commissioner regarding the award of a 
Department of Education diploma to the student and to provide the sending school with a 
copy of the recommendations. 
9. 
Students who experience education disruption. "Students who experience 
education disruption" means elementary school and secondary school students who 
experience an interruption in their current educational program for 10 or more 
consecutive school days by being placed in a program or school approved by the 
department, which may be 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 plan or 
other education plan. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ,/1 .. to H.P. 1296, L.D. 1860 
"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 work recognition plan 
Students who experience education disruption must have a school work recognition 
plan initiated upon the interim placement of the student. The school work recognition 
plan must be developed or updated by the student, the parent or guardian, the sending and 
receiving schools and others such as juvenile community corrections officers and 
community case managers no later than 10 school days after the interim placement of the 
student. This plan may be developed through alternate forms of meeting such as e-mail 
or teleconferencing. If an existing plan such as an individualized education plan or a 
transition plan as defined in rules adopted by the department or a 504 plan as defined in 
Code of Federal RegUlations, Part 104 addresses school completion, a school work 
recognition plan is not required. 
Individual educational materials such as curricula and assignments must be made 
available to the interim placement as soon as possible but no later than 5 school days after 
the interim placement of the student; 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 interim placement 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, receiving 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 MRSA §6001-B, sub-§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 
follow 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 
defined in section 5161, subsection 9, the sending school shall send or electronically 
transfer pertinent records, including but not limited to academic and health information 
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 amendment strikes and replaces the bill in order to clarifY certain provisions of 
the legislation introduced to implement the recommendations of the Governor's Task 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT .. A 
.. to H.P. 1296, L.D. 1860 
I 
Force to Engage Maine's Youth. The primary purpose of the bill was to meet the needs of 
students experiencing education disruption by establishing a process to recognize their 
academic work while creating manageable procedures for school personnel and other 
officials that are involved with these students. 
The amendment accomplishes the 
following: 
1. 
It revises the definition of the term "students who experience education 
disruption" to clarify that these students include both elementary school students and 
secondary school students; 
2. It adds a definition for "interim placement" to make the distinction that such a 
placement is a temporary assignment of a student who experiences education disruption 
I 
to a program or school approved by the Department of Education; 
3. 
It replaces the term "school completion plan" with the term "school work 
recognition plan" to convey that the intent of the plan is to recognize the school work 
completed by a student who experiences education disruption; and 
IS 
4. 
It simplifies the process for school personnel in developing a school work 
recognition plan for a student who experiences education disruption. 
FISCAL ~OTE HEQlJl<£D 
{~ee attached) 
COMMITTEE AMENDMENT 
Approved: 06/07/07 
~ac:.. 
LD 1860 
LR2S86(02) 
An Act To Implement the Recommendations of the Task Force To Engage Maine's Youth Regarding 
Successful School Completion 
Fiscal Note for Bill as Amended by Committee Amendment ,,(J, " 
Committee: Education and Cultural Affairs 
State Mandates 
Required Activity 
Fiscal Note Required: Yes 
Fiscal Note 
State Mandate - Unfunded 
The following requirements in this legislation represent a State mandate pursuant to 
the Constitution of Maine: I) that a school work recognition plan be developed that 
outlines how a student who experiences educational disruption will accomplish and 
demonstrate the work necessary to complete the diploma requirements applicable to 
secondary students no later than 10 school days after the interim placement of the 
student; 2) that the sending and receiving schools participate in the development or 
updating of the school work recognition plan; 3) that professional staff from the 
receiving school be assigned to ensure the complete transfer of all records, grades 
and credits and all academic materials from the sending school no later that 5 school 
days after the student enrolls in the receiving school; and 4) that the sending school 
send or electronically transfer all records to the receiving school within 5 days after 
the transfer of the student to the receiving school. 
Fiscal Detail and Notes 
Unit Affected 
School 
Additional costs to the Department of Education can be absorbed within existing budgeted resources. 
LR2586(02) - Fiscal Note - Page 1 of 1 
Costs 
Insignificant