An Act Regarding Curriculum Requirements and Standards for Awarding a High School Diploma
Maine Legislature, Session 124, LD 1325
Committee: Education and Cultural Affairs
Sponsors: SUTHERLAND, LOVEJOY, STRANG BURGESS, BOWMAN, MILLS
Amends: 20-A MRSA §4502, 20-A MRSA §4503, 20-A MRSA §4504, 20-A MRSA §4517, 20-A MRSA §4703, 20-A MRSA §4706, 20-A MRSA §4710, 20-A MRSA §47, 20-A MRSA §4712, 20-A MRSA §4722, 20-A MRSA §4728, 20-A MRSA §4774, 20-A MRSA §6201, 20-A MRSA §6202

FIRST PJ:GULAR SESSION-2009 
Legislative Document 
No. 1325 
H.P.929 
of Representatives, March 31, 2009 
An Act Regarding Curriculum Requirements and Standards for 
Awarding a High School Diploma 
Submitted by the Department of Education pursuant to Joint Rule 204. 
Reference to the Committee on Education and Cultural Affairs suggested and ordered 
printed. 
Presented by Representative SUTHERLAND of Chapman. 
Cosponsored by President.MITCHELL of Kem1ebec and 
'7l/~ 111· 7llil£~{ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: CAIN .of Orono, LOVEJOY of Portland, STRANG BURGESS of 
Cumberland, Senators: BOWMAN of York, MILLS of Somerset. 
Printed on recycled PJPcr 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 20-A MRSA §4502, sub-§2, as amended by PL 2007, c. 141, §7, IS 
fUliher amended. to read: 
2. Curriculum requirements. Schools shall also must meet all curriculum ::;tandards 
requirements established in chapter 207-A. Schools that offei' public preschool programs 
shall demonstrate curriculum practice for those programs that implements. the Maine 
early childhood learning guidelines and is appropriate for the ag~ and development level 
of the children. 
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Sec. 2. 20-A MRSA §4502, sub-§5, as amended by PL 2007, c. 141, §§8 to 10, is 
fUliher amended to read: 
5. 
Oth~r requirements. The state board and the commissioner shall jointly adopt 
basic school app.roval 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, e)wept that the approval rules in effect 
for the school years beginning in the fall of 1998 and 1999 must that perm it 
maximum student-teacher ratios of 25: 1 school-wide for kindergalien 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 niles of the state board; 
D. Standards Requirements for equipment and libraries; 
E. 
Minimum school si·ze, blit 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 ariy rules adopted by the department, comprehensive guidance plans 
to be approved by the commi.ssioner for implementation in the 2000 OJ school year; 
l. 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 
requirements adopted by the depmiment and with this paragraph. The use of a time-
out area is subject to the following: 
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(1) The time-out area must be well ventilated anq 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 st~ff 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; 
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O. 
Preparation of a written local policy and implementation of training for all 
guidance counselors and school personnel who administer reintegration planning 
pUisuant to section 254, subsection 12, vv'ho 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 MRSA §4502, sub-§5-A, as amended by PL 1999, c~ 790, Pt. N, § 1, 
is repealed. 
Sec. 4. 20-A MRSA §4503, sub-§2, as enacted by PL 1983, c. 859, Pt. A, §§20 
and 25, is amended to read: 
2. Junior high school or middle school. A junior high school or middle school is a 
school w-ITi-e-It that maintains a diversified program of studies of 2 or more consecutive 
grades from grades 6 to 9, which meets basic school approval and applicable curriculum 
requirements. A junior high school or middle school may be maintained in connection 
with or as part of an approved secondary school. 
Sec. 5.20-A MRSA §4504, sub-§2, .as amended by PL 2005, c. 446, § 1, IS 
fUliher amended to read: 
2. 
Comprehensive review. 
The commISSIOner 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. 6. 20-A MRSA §4517, amended by PL 1999, c. 790, Pt. N, §2, is repealed. 
Sec. 7. 20-A MRSA §4703, as enacted by PL 19~3, c. 859, Pt. C, §§5 and 7, is 
amended to read:' 
§4703. Instruction for individual students 
Elementary and secondary schools may provide special instruction for gifted and 
talented shall provide students-:- with opportunities for learning in multiple pathways that 
include opportunities to accelerate learning to meet the needs of individual students, such 
as, but not limited to: 
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1. Career and technical education. Career and techniCal education; 
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2. Alternative education programs. Alternative education programs; 
3. Apprenticeships. Apprenticeships; 
4. Career academies. Career academies; 
5. Advanced placements. Advanced placements; 
6. Online courses. Online courses; 
7. Adult education. Adult educati0!l; or 
8. Dual enrollment. Dual enrollment. 
Sec. 8. 20-A MRSA §4706J first~, as repealed and replaced by PL 2001, c. 667, 
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Pt. A, §42, is amended 1l(l) read: 
Instruction in American history~ government, citrzeFl's11!rp and Marn:e: studiiies: must be 
taught as specified in aligned with the system of learning resufts parameters for essen1!jia!~ 
instruction and graduation requirements established ffi under section 6209. 
~ec.9. 20':'A MRS A §4706, slllb-§l, as amended by PL 2001, c. 403, §1, IS 
further amended to' read: 
1. 
American history. American history and civil, government and citizenship, 
19. 
including the Constitution 'of the United States, the Declaration of Independence, the 
importance of voting anq the privileges and responsibilities of citizenship, must be taught 
in and required for graduation from all elementary and secondary schoofs, both public 
and private. 
Sec. 10. 20-A MRSA §4710 is enacted to read: 
§4710. Kindergarten to grade 121nterventions 
. 
By the school year that begins in the fall of2012 all school administrative units shall 
develop and implement a system of interventions for kindergarten to grade 12 that 
provide each student who is not progressing toward meeting the content 'standards of the 
. parameters of essential instruction and graduation requirements or different learning 
. experiences or assistance to achieve the standard. The interventions must be specific, 
timely and based upon ongoing formative assessments that continuously monitor student 
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progress. 
Sec. U. 20-A MRSA §47U, as amended by PL 2001, c. 454, §21, is further 
amended to read: 
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1. 
§4711. Elementary course ofstudy 
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 education and 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, 
tohaeeo and narcotics HAon the human svstem. 
Sec. 12. 20-A MRSA §4712 is enacted to read: 
§4712. Junior high school or middle school course of study 
1. Basic course of study. The basic course of study for the junior high schools or 
middle schools must provide for the instruction of all students in career and education 
development, English 
language' mis, health edllcation and 'physical education, 
mathematics, science and technology, social studies, visual and performing arts and world 
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languages, as described in the parameters for essential instruction and graduation 
requirements subject to the schedule specified in section 6209. 
2. Personal learning plan. A personal learning plan mllst be developed for each 
junior high school or middle school student and must be reviewed and transferred with 
the student to the next grade, including secondary school. This subsection must be 
implemented beginning with the 2010-2011 school year. 
Sec. 13. 20-A MRS A §4721, as amended by PL 2001, c. 454, §22, is repealed and 
.the following enacted in its place: 
. §4721. General requirement 
1. Comprehensive program of instruction. A secondalY school shall provide a 
comprehensive program of instruction of at least 2 years in length, which mllst meet the 
requirements of this chapter and the parameters of essential instruction and graduation 
requirements established under section 6209. The program must include instrllction for 
all students in career and education development, English language arts, health education 
and physical education, mathematics, science and technology, social studies, visual and 
performing mis 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 under section 6209 in 
multiple pathways as set out under section 4703. 
3. Personal learning plans. Personal learning plans must be maintained for each 
student. 
. 
Sec. 14. 20-A MRSA §4722, first Gjj, as amended by PL 2001, c. 454, §23, is 
further amended to read: 
A secondary school shall provide at least one course 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 
the parameters for essential instruction and graduation requirements established ffi under 
section 6209. 
Sec. 15~ 20-A MRSA §4722, sub-§l, as· enacted by PL 1983, c. 859, Pt. C, §§5 
and 7, is amellded to read: 
1. 
Minimum instructional requirements. A. diploma course of study shall 
comprehensive program of instruction must include a minimum 4-year program sf 
instruction which that meets the curriculum requirements established by this chapter. and 
any other instructional requirements established by the commissioner and the school 
board. 
Sec. 16. 20-A MRSA §4722, sub-§2-A is enacted to read: 
2~A. Implementation of multiple pathways and opportunities. Students may 
demonstrate achievement of the standards through multiple pathways as set out under 
section 4703 and multiple opportunities. Achievement may be demonstrated by evidence 
documented by: 
A. Course and learning experiences using multiple measures, such as, but not limited 
to, examinations, quizzes, portfolios, performances, exhibitions and projects based on 
state-developed rubrics or locally developed rubrics that the department determines 
meet established criteria; and 
B. State-level supported assessments that are scored by benchmarks established by 
the department. The assessments may include but are not limited to: 
(1) District implemented large-scale assessments that have been bench marked to 
the Maine Learning Results: Parameter for Essential Instruction; and 
(2) 
Student portfolios that meet the criteria of a Departlnent of Education 
diploma as defined in section 5161, subsection 2. 
Sec. 17. 20-A MRSA §4722, sub-§3, as amended by PL 2007, c. 451, §2, IS 
further amended to read: 
. 
333. 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 to'fvard achievement of achieve the content standards of the 
system of learning results parameters for essential· instruction and graduation 
requirements established pursuant to section 6209. 
The diploma for each secondalY 
school student must reflect credits earned in all 8 content areas. Although all students 
must have educational experiences in all 8 content areas, in order to be awarded a 
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diploma all students must meet the standards in the 4 common areas statewide of English 
language al1s, mathematics, science and technology and social studies. The student shall 
select one other area of the 3 areas to meet the standards of health education and physical 
education, visual and performing arts or world languages. In lieu of one of these areas a 
student may meet the requirement of a national industry-recognized standard. Students 
must at least paJ1ially meet the standards in the remaining areas of health education and 
physical education, visual and performing al1s or world languages. 
All students are 
deemed to address and meet the standards in career and education development through 
integrated learning experiences and activities conducted in other content areas or through 
activities such as the personal learning plan. Children with disabilities, as defined in 
section 700 I, subsection -l-A- I-B, who successfully meet the content standards Of the 
system of leaming 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 &warded a high school diploma. Career and technical students may, with 
the approval of the commissioner, satisf)' the 2nd year math and science, the 2nd year 
social studies and the fine mis 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 leaming results parameters for essential instruction and graduation 
requirements in addition to any other diploma requirements applicable to secondary 
school students as set fOl1h in their school work recognition plans as defined in section 
5161, subsection 6 must, with the approval of the commissioner, be awarded a 
Depal1ment of Education diploma as defined in section 5161, subsection 2. 
Sec. 18. 20-A MRSA §4728,as enacted by PL 19~3, c. 859, Pt. C, §§5 and 7, is 
repealed. 
Sec. 19. 20-A MRSA §4774, sub-§l, as enacted by PL 1997, c. 75~, §2, IS 
amended to read: 
1. High school credit. A school administrative unit may grant academic credit 
toward a high school diploma to a student .. vho successfully completes a course under this 
chapter. High school credit is the successful completion of learning specified in units of 
study or syllabi. 
Sec. 20. 20-A MRSA §6201, as amended by PL 2001, c. 454, §§27 and 28, is 
further amended to read: 
§6201. Legislative intent 
The Legislature concurs ,>vith the recommendation of the 1984· report of the 
Commission on tIle Status of Education in Maine finds that all students graduating from 
high school must be prepared for success in postsecondary education, careers and 
citizenship and that a state '.,vide 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 tfle state and local level levels to 
measure progress and ensure accountability and comparability regarding the system· of 
learning results, which implementation of the parameters for essential instruction and 
graduation requirements under section 6209 and in the department rules implementing 
that section and other curricular requirements. This must be accomplished through a 
comprehensive system of local and state assessments, involving multiple measures to 
determine what each student knows and is able to demonstrate regarding the standards of 
the system of learning results parameters for essential instruction and graduation 
requirements. 
This comprehensive local and state The assessment system must have the following 
objectives: 
. 
1. Statewide assessment. To provide information on the academic achievement and 
progress of Maine students; . 
2. State goals. To establish a process for a continuing evaluation of the system of 
learning results established parameters for essential instruction and graduation 
requirements set forth in section 6209 and in department rtIles implementing that section 
to aid in the development of educational education policies, standards and programs and 
to measure comparability of educational 0pPOltunity 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, interventions and enrichment in their schools; 
4. 
Individual students. 
To provide school staffs with information about the 
individuar students that may be used, with other information, to meet individual and 
educational education needs of the student. The statewide assessment program may not 
be the only criteria for jUdging studentpelformance; 
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 on the assessment program. 
Sec. 21. 20-A MRSA §6202, first Gjf, as amended by PL 2005, c. 662, Pt. A, § 13, 
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;-& 
and 11 in the cont()nt areas of the system of teaming results established 3 to 12 on the 
accountability standards set fOlth in section 6209 specified by the commissioner and in 
depmtment 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 
elementa,ry 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 
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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. 22. 
Application of new high school diploma standards. 'School 
administrative units may continue to award high school diplomas based on credits and 
standards in place on the effective date of this Act, except that the new high school 
diploma standards in the Maine Revised Statutes, Title 20-A, section 4722 as amended by 
this Act apply to diplomas issued to high school graduates graduating in 2016 and 
thereafter. 
Sec. 23. Transition to new high school diploma standards. In preparing for' 
the transition to new high school diploma standards under the Maine Revised Statutes, 
Title 20-A, section 4722, subsection 2-A the Department of Education shall: 
1. Convene a: representative work group to: 
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A. Examine what balance or weight should be given to the types' of assessments in 
each of the content areas and report to the Joint Standing Committee on Education 
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and Cultural Affairs in the S'econd Regular Session of the I24th Legislature in 
January 2010; and 
23. 
B. Examine other multiple pathways that could be used to demonstrate meeting the 
,high school diploma standard. The group may examine the effective standards-based 
practices, in the field in the consideration of how standards are being met by 
individual students. The group shall examine the percent of students meeting the 
standard in the content areas on an ongoing basis. The work group shall look at the 
metrics in 2012 and examine any issues regarding ariy subgroups that need further 
consideration; 
2. Develop rubrics that address the key concepts and measurement topics in all the 
content areas included in the' parameters for essential instruction and graduation 
requirements under Title 20-A, section '6209, including career and education 
development; and 
3. Develop 21 st century":basedassessments that address all 8 content areas included 
in the parameters of essential instruction and graduation requirements established in Title 
20-A, section 6209,. The department shall: 
A. Collaboratively develop rubrics for schools and teachers to use to measure student 
achievement of the high school diploma standards that integrate the content areas; 
B. Define what "meets the standard" means for each content area by 201 Oand define 
the metric for measuring the standards by 2012; and 
C. Rep0\1 t6 the State Board of· Education in 2010 on the definition of "meeting the 
standard" and the data that is being gathered on "meetingthe standard." 
Sec. 24. Maine Revised Statutes headnote amended; revision clause. In 
the Maine Revised Statutes, Title 20-A, chapter 2o'7-A, subchapter 2, in the subchapter 
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headnote, the words "elementary schools" are amended to read "elementary and junior 
high schools or middle schools" and the Revisor of Statutes shall implement this revision 
when updating, publishing or republishing the statutes. 
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3SUMMARY 
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 the parameters for essential instruction and graduation requirements. 
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