An Act Regarding Curriculum Requirements and Standards for A warding a High School Diploma
Maine Legislature, Session 123, LD 2174
Committee: Education and Cultural Affairs
Sponsors: NORTON, BOWMAN, EDGECOMB, FARRINGTON, STRANG BURGESS, SUTHERLAND, TREAT, MILLS
Amends: 20-A MRSA §4502, 20-A MRSA §4503, 20-A MRSA §4503-A, 20-A MRSA §4504, 20-A MRSA §4512, 20-A MRSA §4517, 20-A MRSA §4703, 20-A MRSA §4706, 20-A MRSA §4722, 20-A MRSA §6202

Legislative Document 
No. 2174 
H.P.1548 
House of Representatives, January 28, 2008 
An Act Regarding Curriculum Requirements and Standards for 
A warding a High School Diploma 
Reference to the Committee on Education and Cultural Affairs suggested and ordered 
printed. 
7!J~ 
frJ.7!ldC~ 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative NORTON of Bangor. (GOVERNOR'S BILL) 
Cosponsored by Senator BOWMAN of York and Representatives: EDGECOMB of Caribou, 
FARRINGTON of Gorham, STRANG BURGESS of Cumberland, SUTHERLAND of 
Chapman, TREAT of Hallowell, Senator: MILLS of Somerset. 
PrillkJ \lll recyckJ p.lpt'l 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 20-A MRS A §4502, sub-§2, as amended by PL 2007, c. 141, §7, is 
further amended to read: 
2. Curriculum requirements. Schools shall also must meet all curriculum standards 
requirements established in chapter 207-A. Schools that offer public preschool programs 
shall demonstrate curriculum practice for those programs that implements the Maine 
early childhood learning guidelines and is appropriate for the age and development level 
of the children. 
Sec. 2. 20-A MRSA §4502, sub-§5, as amended by PL 2007, c. 141, §§8 to 10, is 
further amended to read: 
5. Other standards. The state board and the commissioner shall jointly adopt basic 
school approval rules governing school administrative units and elementary and 
secondary schools. 
These rules must set minimum standards requirements in the 
following areas, incorporating such standards requirements as are established by statute: 
A. Instructional time, including a minimum school day and week; 
B. Staffing, including student-teacher ratios, except that the approval rules in efrest 
for the school years beginning in the fall of 1998 and 1999 must that permit 
maximum student-teacher ratios of 25: 1 school-wide for kindergarten to grade 8 and 
maximum student-teacher ratios of 30: 1 school-wide for grades 9 to 12; 
C. Physical facilities, incorporating the school construction rules of the state board; 
D. Standards for equipment and libraries; 
E. 
Minimum school size, but including recognition of geographically isolated 
schools; 
F. Grade and program organization; 
G. Assessment and evaluation of student performance; 
H. 
Student personnel services, including guidance and counseling and, 
notwithstanding any rules adopted by the department, comprehensive guidance plans 
to be approved by the commissioner for implementation in the 2000 0 I school year; 
I. Records, record keeping and reporting requirements; 
J. 
Health, sanitation and safety requirements, including compliance with section 
6302; 
K. School improvement; 
L-l. A plan for training and development of all personnel that is aligned with the 
system of learning results as established in section 6209; 
M. The use of time-out areas, administered in accordance with standards adopted by 
the department and with this paragraph. The use of a time-out area is subject to the 
following: 
Page I - 123LR3390(Ol)-1 
(1) The time-out area must be well ventilated and sufficiently lighted. The time-
out area may not be locked; and 
(2) The time-out area must be designed to ensure the safety of the student so that 
the student is supervised by a professional staff member in the room or can be 
observed from outside of the time-out area and can be heard by a person 
supervising the time-out area; 
N. 
Preparation of a written local policy and implementation of training for all 
unlicensed personnel who administer medication in accordance with the requirements 
under section 254, subsection 5; 
O. 
Preparation of a written local policy and implementation of training for all 
guidance counselors and school personnel who administer reintegration planning 
pursuant to section 254, subsection 12, who participate in a reintegration team and 
who have access to confidential criminal justice information regarding juveniles 
pursuant to section 1055, subsection 12; and 
P. Provision of family outreach and support programs designed to improve parent-
school relations and parenting skills consistent with section 4252, subsection 8. 
Sec. 3. 20-A MRS A §4502, sub-§5-A, as amended by PL 1999, c. 790, Pt. N, § 1, 
is repealed. 
Sec. 4. 20-A MRSA §4503, as amended by PL 1985, c. 142, § 1, is repealed. 
Sec. 5. 20-A MRSA §4503-A is enacted to read: 
§4503-A. Requirements specific to secondary school organizations 
1. 
Evidence of provision of optimal conditions. In order for each graduating 
student to be prepared for postsecondary education, careers and citizenship, a local school 
unit must submit, as part of the comprehensive education plan required under section 
4502, subsection 1, evidence that it is employing practices that provide optimal 
conditions for student and professional learning, as evidenced by current research on best 
practice. 
2. Requirements for secondary school practices. In addition to the basic school 
approval requirements as outlined in section 4502, the requirements of this subsection 
must also be met by secondary schools beginning in the 2009-2010 school year. 
A. A secondary school shall provide a comprehensive program of instruction of at 
least 4 years in length, which must meet the requirements of this chapter and the 
system of learning results established in section 6209. 
B. 
A secondary school shall provide evidence of planning and implementing 
coordinated programs that support the academic and social needs of students as they 
transition into and out of the school. 
C. A secondary school shall provide evidence that time is provided throughout the 
school year and the weekly schedule for teachers to work collaboratively to design 
high-quality curricula, instruction and assessments, including: 
(1) Integrated and applied learning; 
(2) Differentiated instruction; and 
(3) The use of assessments for learning to Improve day-to-day classroom 
instruction. 
Sec. 6. 20-A MRSA §4504, sub-§2, as amended by PL 2005, c. 446, §1, is 
further amended to read: 
2. 
Comprehensive review. 
The comnussIOner shall conduct a comprehensive 
review of a school administrative unit in accordance with the school assistance process 
established in section 6210, based on a review of the school administrative unit's 
comprehensive education plan and the local assessment system student achievement data, 
or as part of an inspection in accordance with section 258-A. 
Sec. 7. 20-A MRS A §4511, as amended by PL 1987, c. 395, Pt. A, §66, is further 
amended to read: 
§4511. Accreditation requirements 
1. General authorization. The state board and the commissioner shall jointly adopt 
rules establishing accreditation standards requirements for secondary and elementary 
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schools of the State. 
2. Intent. Accreditation standards are i§ intended to encourage excellence in school 
programs. The rules 5haY must include such components as the quality and variety of 
instructional programs, the credentials, experience and general performance of staff and 
adequacy of school facilities. 
3. Specific requirements. In addition to standards requirements that are adopted in 
subsection 1, accreditation standards shall requirements must include, but are not be 
limited to, the following. 
A. The school has a clearly written statement reflective of the needs, beliefs and 
values of the school community. It is supported by stated goals and objectives and is 
consistent with the district's philosophy. 
B. The school is effectively managed and provides leadership that promotes the 
achievement of educational excellence. 
C. The school demonstrates evidence of a "'lell planned and periodically e'faluated 
well-planned curriculum whieh and program evaluation that has consistently resulted 
in exemplary educational programming. 
D. The school demonstrates a carefully coordinated effort to provide instructional 
processes which that have consistently resulted in a learning environment whieh that 
promotes excellence. A variety of instructional techniques is used by a majority of 
the teachers. 
E. The school has a carefully planned staff development program guided by sound 
educational theory that promotes exemplary practices. 
F. 
The school has a climate whleh that promotes individual self-esteem, high 
expectations for achievement and a positive attitude toward learning. 
G. The school has a collaboratively planned community relations program whleh that 
promotes close cooperation between the school and the community toward the 
achievement of the school's goals and objectives. 
H. The school facility offers an effective setting for the delivery of high quality high-
quality programs and services. 
Sec. 8. 20-A MRSA §4512, as amended by PL 1987, c. 395, Pt. A, §67, is further 
amended to read: 
§4512. Implementation 
1. Accreditation optional. Any approved elementary or middle school may, through 
its school board, apply for accreditation. 
2. Implementation. The commissioner shall determine which schools and school 
units meet the requirements of accreditation, in accordance with adopted rules and this 
Title. 
3. Comprehensive reviews. The commissioner shall, on a one-year to 5-year cycle, 
make a comprehensive review of each accredited school to determine whether the school 
is continuing to meet the accreditation standards requirements. 
4. Rules. Accreditation rules shall must be adopted in accordance with the Maine 
Administrative Procedure Act, Title 5, chapter 375. 
5. Accreditation process. All school administrative units operating a secondary 
school shall must undergo the state accreditation process on a 5-year cycle as established 
by the commissioner starting in the 1989 90 2012-2013 school year. Upon request from 
a secondary school, the commissioner shall have the authority to may grant a waiver from 
the accreditation process. 
The commissioner shall grant a waiver on the basis of 
extenuating circumstances as defined by rule. 
Sec. 9. 20-A MRSA §4517, as amended by PL 1999, c. 790, Pt. N, §2, is repealed. 
Sec. 10. 20-A MRSA §4703, as enacted by PL 1983, c. 859, Pt. C, §§5 and 7, is 
amended to read: 
§4703. Instruction for individual students 
Elementary and secondary schools may provide speoial instruotion for gifted and 
talented school students must be provided opportunities for learning in a differentiated 
environment that includes opportunities to accelerate learning to meet the needs of 
individual students. 
Sec. 11. 20-A MRSA §4706, first ~, as repealed and replaced by PL 2001, c. 
667, Pt. A, §42, is amended to read: 
Instruction in American history, government, citizenship and Maine studies must be 
taught as specified in aligned with the system of learning results parameters for essential 
instruction and graduation requirements established in section 6209. 
Sec. 12. 20-A MRS A §4706, suh-§I, as amended by PL 2001, c. 403, §1, is 
further amended to read: 
1. American history. American history and civil~ government and citizenship, 
including the Constitution of the United States, the Declaration of Independence, the 
importance of voting and the privileges and responsibilities of citizenship, must be taught 
in and required for graduation from all elementary and secondary schools, both public 
and private. 
Sec. 13. 20-A MRS A §4711, as amended by PL 2001, c. 454, §21, is further 
amended to read: 
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§4711. Elementary course of study 
The basic course of study for the elementary schools must provide for the instruction 
of all students in career preparation and education development, English language arts, 
foreign world languages, health and education, physical education, mathematics, science 
and technology, social studies and visual and performing arts, as described in the system 
of learning results parameters for essential instruction and graduation requirements 
subject to the schedule specified in section 6209. In furtherance of the content standards 
in section 6209, subsection 2, the course of study must also include physiology and 
hygiene, with special reference to the effects of substance abuse, including alcohol, 
tobacco and narcotics, upon the human system. 
Sec. 14. 20-A MRS A §4712 is enacted to read: 
§4712. Middle school level course of study 
In addition to the course of study outlined in section 4711, the basic course of study 
for the middle school level must ensure that all middle school level students participate in 
challenging, standards-based curricula and engaging instruction resulting in effective 
learning and high achievement. 
For purposes of this section, "middle school level" 
means grade 6 to grade 8. 
Sec. 15. 20-A MRS A §4721, as amended by PL 2001, c. 454, §22, is repealed and 
the following enacted in its place: 
§4721. General requirements 
1. 
Secondary school curriculum and instruction. 
A secondary school shall 
provide a comprehensive program of instruction of at least 4 years in length, which must 
meet the requirements of this chapter and the system of learning results established in 
section 6209. The program must include instruction of all students in English language 
arts, mathematics, science and technology, social studies, health education, physical 
education, career and education development, visual and performing arts and world 
languages. 
2. 
Secondary school organization and delivery of instruction. A secondary 
school shall provide a structure that allows for student achievement of the parameters for 
essential instruction and graduation requirements established in section 6209 in different 
instructional settings, such as career and technical education programs and alternative 
education programs. 
Sec. 16. 20-A MRS A §4722, first ~, as amended by PL 2001, c. 454, §23, is 
further amended to read: 
lOA secondary school shall provide at least one eourse of study a comprehensive 
program of instruction leading to a high school diploma that must meet the following 
standards as set out in section 4721. The commissioner shall develop rules for the 
transition between the requirements of this section and the system of learning results as 
established in section 6209. 
Sec. 17. 20-A MRS A §4722, sub-§I, as enacted by PL 1983, c. 859, Pt. C, §§5 
and 7, is repealed. 
Sec. 18. 20-A MRSA §4722, sub-§2, as enacted by PL 1983, c. 859, Pt. C, §§5 
and 7, is repealed. 
Sec. 19. 20-A MRSA §4722, suh-§3, as amended by PL 2007, c. 451, §2, 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 parameters for essential instruction and graduation requirements 
established pursuant to section 6209. Children with disabilities, as defined in section 
7001, subsection I-A, who successfully meet the content standards of the s)'stem of 
learning results parameters for essential instruction and graduation requirements 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 teehnieal students may, with the approval of 
the eommissioner, satisfy the 2nd year math and seienee, the 2nd year soeial studies and 
the fine arts requirements of subseetion 2 Students must be allowed to meet the 
requirements through multiple pathways including through separate or integrated study 
within the career and technical school curriculum. 
Students who experience education disruption, as defined in section 5001-A, subsection 
4, paragraph F, who successfully demonstrate achievement of the content standards of the 
system of learning results parameters for essential instruction and graduation 
requirements 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. 20. 20-A MRS A §4722, sub-§5-A is enacted to read: 
5-A. 
Certification of the instructional program; secondary schools. 
The 
commissioner shall develop rules for the certification of instructional programs to ensure 
a common meaning for the high school diploma regardless of the secondary school a 
student attends. Rules adopted pursuant to this subsection are routine technical rules as 
defined in Title 5, chapter 375, subchapter 2-A. 
A. 
The school must provide evidence that the curriculum is aligned with the 
parameters for essential instruction and graduation requirements established in 
section 6209. 
B. The school must provide evidence that: 
(1) Students have open and equitable opportunities to demonstrate achievement 
of the parameters for essential instruction and graduation requirements 
established in section 6209 through either separate or integrated study programs; 
(2) The school provides open and equitable access to a range of opportunities, 
including, but not limited to, online courses, after-school and summer programs, 
internships, apprenticeships, career and technical education, service learning, 
dual-enrollment courses, advanced courses and locally sponsored and state-
sponsored early college programs; and 
(3) Students are provided learning experiences that result in a student's applying 
knowledge and skills in new or unpredictable situations. 
C. The school must provide evidence of a carefully coordinated effort to differentiate 
instruction within learning environments that are challenging and that are designed to 
meet the education needs of individual students. 
D. 
The school must provide evidence that students are provided multiple 
opportunities to demonstrate their achievement of the diploma requirements through 
assessments required by the school administrative unit and the State. 
E. 
The school must provide evidence of a plan that integrates technology into 
curriculum, instruction and assessment. 
Sec. 21. 20-A MRS A §4728, as enacted by PL 1983, c. 859, Pt. C, §§5 and 7, is 
repealed. 
Sec. 22. 20-A MRS A §6201, as amended by PL 2001, c. 454, §§27 and 28, is 
further amended to read: 
§6201. Legislative intent 
The Legislature eoneurs with the reeommendation of the 1984 report of the 
Commission on the Status of Edueation in Maine finds that all students graduating from 
high school must be prepared for success in postsecondary institutions, careers and 
citizenship and that a state vAde statewide educational assessment program must be 
implemented to ensure that each student in the State has an equal opportunity to meet this 
outcome. 
There is a need for assessment information at both the state and localle¥el levels to 
measure progress and ensure accountability and comparability regarding the 
implementation of the system of learning results, which set forth in section 6209 and in 
department rules implementing that section and other curricular requirements. This must 
be accomplished through a cornpreheflsiYe 
s~lstern of local afld state assessments, 
iflYolYiflg multiple rneaSlires to determine what each student knows and is able to 
demonstrate regarding the standards of the system of learning results. 
This cornpreheflsi't'e local afld state The assessment system must have the following 
objectives: 
1. Statewide assessment. To provide information on the academic achievement and 
l3 
progress of Maine students; 
2. State goals. To establish a process for a continuing evaluation of the system of 
learning results established set forth in section 6209 and in department rules 
implementing that section to aid in the development of edllcatioflal education policies, 
standards and programs and to measure comparability of educational opportunity for 
students throughout the State; 
3. Local programs. To provide school officials with information to assess the 
quality, effectiveness and appropriateness of educational materials, and methods and 
curriculum needs, including remediation and enrichment in their schools; 
4. 
Individual students. 
To provide school staffs with information about the 
individual students that may be used, with other information, to meet individual and 
edllcatioflal education needs of the student. The statewide assessment program may not 
be the only criteria for judging student performance; 
5. Trends. To identify year-to-year trends in student achievement; and 
6. Parents. To provide parents with information about the achievements of their 
children Ofl the assessmeflt program. 
Sec. 23. 20-A MRSA §6202, first ~, as amended by PL 2005, c. 662, Pt. A, § l3, 
is further amended to read: 
The commissioner shall establish a statewide assessment program to measure and 
evaluate on a continuing basis the academic achievements of students at in grades 4;-& 
afld 11 ifl the cOflteflt areas of the system of leamiflg reslilts established 3 to 12 on the 
accountability standards set forth in section 6209 specified by the commissiofler and in 
department rules implementing that section and other curricular requirements. 
The 
commissioner may elect to provide for the use of alternative measures of student 
achievement in grade 11 grades 9 to 12. This assessment applies to students in the public 
elementary and secondary schools and in all private schools approved for tuition whose 
school enrollments include at least 60% publicly funded students, as determined by the 
previous school year's October and April average enrollment. The assessment program 
must be adapted to meet the needs of children with disabilities as defined in section 7001, 
subsection I-A or other students as defined under rules by the commissioner. 
Sec. 24. 
Rulemaking. 
The Department of Education shall adopt rules to 
implement the Maine Revised Statutes, Title 20-A, section 4503-A, subsection 2, 
paragraph A and section 4721. In adopting rules under this section, the department shall 
solicit input from interested parties, including the Maine Higher Education Council. 
Rules adopted pursuant to this section are routine technical rules as defined in Title 5, 
chapter 375, subchapter 2-A. 
SUMMARY 
This bill amends standards for student assessment; basic school approval; the 
elementary, middle and secondary courses of study; the comprehensive program of study 
for the high school diploma; and the Department of Education diploma in order to more 
fully implement Maine's system of learning results.