An Act To Implement the Recommendations of the Alternative Education Programs Committee
Maine Legislature, Session 123, LD 2303
Amends: 20-A MRSA §1, 20-A MRSA §3271, 20-A MRSA §4729, 20-A MRSA §5103, 20-A MRSA §5104-A, 20-A MRSA §5151, 20-A MRSA §5152, 20-A MRSA §8402, 20-A MRSA §8451-A, 20-A MRSA §15674

Legislative Document 
No. 2303 
H.P. 1661 
House of Representatives, April 4, 2008 
An Act To Implement the Recommendations of the Alternative 
Education Programs Committee 
Reported by Representative NORTON of Bangor for the Joint Standing Committee on 
Education and Cultural Affairs pursuant to Resolve 2007, chapter 124, section 8. 
PrmttU \'n reqdt.·u p..tper 
'7lJ~ 1??71!II£~ 
MILLICENT M. MacFARLAND 
Clerk 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 20-A MRSA §1, sub-§l-B is enacted to read: 
I-B. Alternative education program. "Alternative education program" means a 
program in which the primary purpose is to provide at-risk students with curricula and 
assessment in a setting designed to effectively meet the student's academic, social and 
relational needs. 
Sec. 2. 20-A MRSA §1, sub-§l-C is enacted to read: 
I-C. Alternative learning. "Alternative learning" means an educational option that 
a public school or publicly supported program offers at-risk students by offering some 
combination of the following: alternative education programs; small class size; flexible 
II 
scheduling; relevant alternative curricula and assessment; mentoring adults; skilled 
teachers; a focus on social, emotional and relationship skills; collaboration among home, 
school and social service agencies; and any other measures designed to accommodate the 
needs of at-risk students. 
IS 
Sec. 3. 20-A MRSA §1, sub-§2-A is enacted to read: 
2-A. At-risk student. "At-risk student" means a student who: 
A. 
Is not meeting the requirements for promotion to the next grade level or 
graduation from high school; 
B. Is at risk for dropping out of school; 
C. Is habitually truant; or 
D. 
Is economically disadvantaged as signified by qualification for the National 
School Lunch Program under 7 Code of Federal Regulations, Part 210 (2007). 
Sec. 4. 20-A MRSA §3271, sub-§2, ~, as enacted by PL 1985, c. 490, §8, is 
amended to read: 
B. 
The person obtains equivalent instruction through alternative learning or in any 
other manner arranged or approved by the commissioner. 
Sec. 5. 
20-A MRSA §3271, sub-§3 as enacted by PL 1985, c. 490, §8, IS 
amended to read: 
3. Exceptions. Attendance at school or an alternative education program sflallli not 
be required of the following: 
A. 
A person who has graduated from high school before his the person's 17th 
birthday; 
B. A person who is at least 15 years old, has completed the 9th grade and has 
permission to leave school to participate in a suitable program of training or 
combined work and study from a parent and the commissioner; and 
C. A person who has been adjudged an habitual truant and has been excused from 
attendance pursuant to procedures established by the commissioner. 
Sec. 6. 20-A MRSA §4729, as amended by PL 2001, c. 454, §25, is further 
amended to read: 
§4729. Alternative education programs 
A school administrative unit may establish one or more alternative education 
programs that are in alignment with the system of learning results established in section 
6209 as alternatives to the regular course of study, including options allowed in sections 
5104-A and 8605, to meet the needs of at-risk students. 
1. 
Coordination. These programs shall operate as part of the elementary or 
secondary school program. 
2. Alternative schedules. Alternative education programs may allow students to 
attend school part-time. Alternative education programs may be scheduled apart from the 
regular school day. 
Sec. 7. 20-A MRSA §5103, sub-§5, as corrected by RR 2001, c. 1, §24, IS 
amended to read: 
5. 
Responsibilities. 
The following provisions apply to responsibilities of the 
dropout prevention committee. 
A. 
The dropout prevention committee shall: 
(I) 
Study the problem of dropouts, and habitual truancy and the need for 
alternative education programs, kindergarten to grade 12; 
(2) Make recommendations for addressing the problems; and 
(3) Submit a plan of action to the school board, in accordance with section 4502, 
subsection 5, paragraph L-l. 
B. 
The dropout prevention committee shall consider the following when developing 
its plan: 
(I) Reasons why students drop out of school; 
(2) Maintenance of continuing contacts with recent dropouts in order to extend 
opportunities for alternate educational alternative education programs, counseling 
and referral; 
(3) Education of teachers and administrators about the dropout problem; 
(4) Use of human services programs to help dropouts; 
(5) The school administrative unit's policies on suspension, expulsion and other 
disciplinary action; and 
(6) Discriminatory practices and attitudes within the school administrative unit. 
I 
Sec. 8. 20-A MRSA §5104-A, as enacted by PL 1989, c. 415, §31, is further 
amended to read: 
§5104-A. Alternative education programs outside the school administrative unit 
1. 
Alternative education programs. If the superintendents approve, a school 
administrative unit may enroll a student in an alternative education program in another 
school administrative unit or in an approved private alternative education program. 
2. Student count. A student properly approved for enrollment under subsection I 
sRaJ.l must be counted as a 1.0 student on school administrative unit counts for each 
semester, or its equivalent, of alternative education program. 
3. 
Rules. 
The commissioner shall adopt rules in accordance with the Maine 
II 
Administrative Procedure Act, Title 5, chapter 375, to administer this section. 
Sec. 9. 20-A MRSA §5151, as amended by PL 2001, c. 452, § 12, is further 
amended to read: 
§5151. Technical assistance for truants, dropout prevention and reintegration and 
alternative education 
The commissioner shall provide technical assistance regarding truancy, dropouts and 
reintegration and alternative educational education programs. 
To do this, the 
commissioner shall employ at least one consultant whose sole responsibility is to cover 
the area oftruancy, dropouts and alternative education. 
1. 
Qualifications. 
Any consultant must be knowledgeable in the problems of 
truancy, dropouts and reintegration and policies and programs pertaining to the problems 
and have this as the consultant's sole responsibility. 
2. Duties. The consultant shall: 
A. Provide technical assistance to school administrative units and private schools 
approved for tuition purposes to establish alternative education programs; 
B. Develop screening tools for early identification of potential dropouts; 
C. Act as a clearinghouse for information on alternative education programs in the 
State, on exemplary programs in other states and on research pertaining to the 
subject, and promote effective programs; 
D. 
Function as a liaison among the commissioner, department staff, advisory 
committee and school administrative units and private schools as it pertains to 
truants, dropouts and reintegration, alternative education programs, alternative 
learning and adult education; 
E. 
Develop model curricula and programs for alternative educational education 
schools and programs; 
F. 
Assess and provide for the evaluation of alternative educational education 
programs consistent with the standards established by the commissioner; 
G. Develop training programs for superintendents, principals and school attendance 
officers to improve effectiveness in performance of their duties as pertains to truants, 
dropouts and reintegration and alternative education programs; 
H. Develop and submit a plan on behalf of the commissioner for the joint standing 
committee of the Legislature having jurisdiction over education and the state board 
on the prevalence of truancy and dropouts, assess alternative and adult educational 
education programs and prepare positive strategies to prevent and remedy the 
problems identified, including reintegration planning for juvenile offenders who have 
been released from juvenile facilities and are enrolling in schools in the State; 
1. 
Have the responsibility for preventive programs and alternative education 
programs; 
J. Collect data on the scope of the dropout and truancy problem in the State; 
K. 
Evaluate the scope of the problem of dropouts and truants and programs and 
policies directed to meet it, including reintegration planning and aftercare services 
provided for juvenile offenders who have been released from juvenile facilities and 
have enrolled in schools in the State; 
L. Provide staff services to the advisory committee; and 
M. 
Plan and coordinate programs and grant writing to stimulate programs and 
research on the problem of dropouts, truants, alternative education, alternative 
learning and adult education. 
Sec. 10. 20-A MRS A §5152, sub-§2, as amended by PL 200 I, c. 452, § 13, is 
further amended to read: 
2. Duties of the advisory committee, as appointed by the commissioner. The 
advisory committee shall 
advise the commissioner on the development and 
implementation of state and local policies and programs that are needed to deal 
effectively with the incidence of truancy and dropouts in state schools. 
+hey The 
committee should consider tfleH: its mandate in a broad context to assess the causes of 
truancy and dropouts, the effectiveness of alternative education and prevention programs 
and the social and educational programs or changes needed to encourage students to 
remain in school, including reintegration planning and aftercare services provided for 
juvenile offenders who have been released from juvenile facilities in the State and have 
enrolled in schools in the State. 
Sec. 11. 20-A MRSA §5152, sub-§3, as amended by PL 2005, c. 397, Pt. A, 
§§ 15 and 16, is further amended to read: 
3. Membership. The advisory committee sfla+l must have a broad membership 
reflecting the range of individuals and public and private institutions wfl.ieR that are 
involved or interested in the problem and its solution. 
These shall It must include 
representation from each of the following: 
A. Teachers; 
B. Elementary school principals; 
C. Secondary school principals; 
D. Guidance counselors; 
E. Adult education teachers with experience in high school completion education; 
F. 
Superintendents; 
G. Administrators from private schools involved in alternative education programs; 
H. Department of Health and Human Services; 
J. Department of Corrections; 
K. Department of Labor; 
L. A local positive action committee on truancy, dropout and alternative education 
programs; 
M. Representatives from the business community; and 
N. Other individuals who the commissioner feels will contribute to the development 
of effective policies and programs. 
Two of the representatives in paragraphs A to D sflal.l must be directly involved in 
alternative education programs. There sflal.l may be no more than 15 members on the 
committee. 
Sec. 12. 20-A MRSA §8402, as amended by PL 2005, c. 2, Pt. D, §25 and 
affected by §§72 and 74 and c. 12, Pt. WW, § 18, is further amended to read: 
§8402. Programs 
A center shall provide programs of career and technical education. Programs of 
career and technical education are eligible to receive state subsidy pursuant to chapters 
606-B and 609. All programs of career and technical education offered by a center must 
be approved by the commissioner pursuant to section 8306-A. The programs must offer a 
sequence of courses that are directly related to the preparation of individuals for 
employment in current or emerging occupations and may include training and education 
in academic and business skills preparing students to further their education at the 
community college or other college level or allowing students to use trade and 
occupational skills on other than an employee basis. Programs of career and technical 
education may also include alternative educational education programs and training and 
education in music, athletics, art and other activities approved by the commissioner 
pursuant to section 8306-A. 
Sec. 13. 20-A MRSA §8451-A, as amended by PL 2005, c. 2, Pt. D, §27 and 
affected by §§72 and 74 and c. 12, Pt. WW, § 18, is further amended to read: 
§8451-A. Programs 
A region shall provide programs of career and technical education. Programs of 
career and technical education are eligible to receive state subsidy pursuant to chapters 
606-B and 609. All programs of career and technical education offered by a region must 
be approved by the commissioner pursuant to section 8306-A. The programs must offer a 
sequence of courses that are directly related to the preparation of individuals for 
employment in current or emerging occupations and may include training and education 
in academic and business skills preparing students to further their education at the 
community college or college level or allowing students to use trade and occupational 
skills on other than an employee basis. Programs of career and technical education may 
also include alternative educational education programs and training and education in 
music, athletics, art and other activities approved by the commissioner pursuant to section 
8306-A. 
Sec. 14. 20-A MRS A §15002-A, as amended by PL 1989, c. 525, §2, is further 
amended to read: 
§15002-A. Permanent School Fund 
The Treasurer of State shall keep a separate account of all money received from sales 
of lands appropriated for the support of schools or from notes taken therefor and of any 
other money appropriated for the same purpose. Those sums sHaU constitute a the 
Permanent School Fund, which sHaU must be invested in such securities as are legal 
investments for savings banks under Title 9. The income from these investments sHaU 
must be placed in a dedicated revenue, interest-bearing account and sHaU must be 
available to be used as follows for: 
1. 
Alternative education, school dropouts and truants. 
Financing the 
department's obligation to provide services to encourage the development of alternative 
educational education programs, including high school completion programs through 
adult education programs and sHaU must address other needs of school dropouts and 
truants as more specifically set forth in sections 5151 to 5153; and 
2. Allocation to school units. Allocations to school administrative units for the 
purpose of surveying school systems and developing school plans. The allocations sHaU 
may not in any case exceed the unit's local share percentage determined under section 
15609 of the School Finance Act chapter 606-A times the cost of those surveys or planst 
amt 
Sec. 15. 20-A MRSA §15674, sub-§I, ,C, as enacted by PL 2003, c. 504, Pt. A, 
§6, is amended to read: 
I 
C. The greater of: 
(I) The average of the 2 pupil counts for April 1 st and October 1 st of the most 
recent calendar year prior to the year of funding, reported in accordance with 
section 6004, including the counts of students enrolled in an alternative education 
program made in accordance with section 51 04-A; and 
(2) The average of the 6 pupil counts for April 1 st and October 1 st of the 3 most 
recent calendar years prior to the year of funding, reported in accordance with 
section 6004, including the counts of students enrolled in an alternative education 
program and counted in accordance with section 51 04-A. 
Sec. 16. 
Commission established. The Commission to Study Alternative 
Education Programs, referred to in this section as "the commission," is established. 
1. Membership. The commission consists of 13 members appointed as follows: 
A. Three members of the Senate, appointed by the President of the Senate; 
B. Four members of the House of Representatives, appointed by the Speaker of the 
House; 
C. One member from the University of Maine Institute for the Study of Students At 
Risk, appointed by the President of the Senate; 
D. Two members from the advisory committee on truancy, dropouts and alternative 
education established under the Maine Revised Statutes, Title 20-A, section 5152, 
appointed by the Speaker of the House; 
E. One member from the Department of Education, Office of Truancy, Dropout and 
Alternative Education, appointed by the President of the Senate; 
F. One member from the Alternative Education Association of Maine, appointed by 
the Speaker ofthe House; and 
G. One member from the Interdepartmental Committee on Transition established 
pursuant to the Maine Revised Statues, Title 20-A, section 7803, appointed by the 
President of the Senate. 
In making appointments, the presiding officers shall give preference to Legislators and 
other persons who served on the Alternative Education Programs Committee established 
under Resolve 2007, chapter 124. 
2. Commission chairs. The first-named Senate member is the Senate chair of the 
commission and the first-named House of Representatives member is the House chair of 
the commission. 
3. Appointments; convening of commission. All appointments must be made no 
later than 30 days following the effective date of this Act. The appointing authorities shall 
notify the Executive Director of the Legislative Council once all appointments have been 
completed. Within IS days after appointment of all members, the chairs shall call and 
convene the first meeting of the commission. 
4. Duties. For the purposes of increasing the understanding of alternative learning 
and support of alternative education programs in Maine, the commission shall: 
A. Assist with analysis of the results of the survey on alternative education programs 
conducted by the Department of Education in the fall of 2007; 
B. Review the needs of special at-risk populations such as teen parents and substance 
abusers; 
C. Collect and analyze cost data from several exemplary alternative education 
programs and develop per student cost estimates for providing effective alternative 
learning opportunities; 
D. Develop approaches to fund alternative education programs; and 
E. Evaluate the alignment of regional school units and alternative education programs 
in terms of geography and need. 
5. Staff assistance. The Legislative Council shall provide necessary staffing services 
to the commission. 
6. Report. 
No later than November 5, 2008, the commission shall submit a report 
that includes its findings and recommendations, including suggested legislation, to the 
joint standing committee of the Legislature having jurisdiction over education matters. 
Following receipt of the report, the joint standing committee of the Legislature having 
jurisdiction over education matters is authorized to submit legislation related to 
alternative education to the First Regular Session of the 124th Legislature. 
SUMMARY 
This bill is the unanimous report of the Joint Standing Committee on Education and 
Cultural Affairs. It adds definitions for "alternative education program," "alternative 
learning" and "at-risk student" to the definitions section in the Maine Revised Statutes, 
Title 20-A. 
It amends sections of statute to consistently use defined terms. It also 
establishes the Commission to Study Alternative Education Programs with directives to 
continue the work of the committee established in Resolve 2007, chapter 124. 
FISCAL ~OTE REQUIRED 
(See attached) 
Approved: 03/27/08 frac 
LD 
;) 3 0 ~ 
LR 3615(01) 
An Act To Implement the Recommendations of the Alternative Education Programs Committee 
Legislative Cost/Study 
Fiscal Note for Original Bill 
Committee: Education and Cultural Services 
Fiscal Note Required: Yes 
Fiscal Note 
Legislative Cost/Study 
The general operating expenses to establish the Commission to Study Alternative Education Programs are projected to 
be $4,490 in fiscal year 2008-09. The Legislature's proposed budget includes $20,000 in fiscal year 2008-09 for 
legislative studies. Whether the amount is sufficient to fund all studies will depend on the number of studies 
authorized by the Legislative Council and the Legislature. 
Fiscal Detail and Notes 
Additional costs to the Department of Education and the University of Maine System to serve on the Commission can 
be absorbed within existing budgeted resources. 
LR3615(0 1) - Fiscal Note - Page 1 of I