An Act To Promote School Attendance and Increase School Achievement
Maine Legislature, Session 125, LD 1503
Committee: Education and Cultural Affairs
Sponsors: ALFOND, JACKSON, RANKIN, RICHARDSON, WAGNER
Amends: 20-A MRSA §1, 20-A MRSA §1001, 20-A MRSA §3271, 20-A MRSA §3272, 20-A MRSA §3273, 20-A MRSA §5001-A, 20-A MRSA §5031, 20-A MRSA §5051-A, 20-A MRSA §5052-A, 20-A MRSA §5053-A, 20-A MRSA §5054, 20-A MRSA §5151, 20-A MRSA §5154, 20-A MRSA §15676, 20-A MRSA §15679, 22 MRSA §4002, 26 MRSA §775, 30-A MRSA §451

Legislative Document 
No. 1503 
S.P. 473 
In Senate, April 21, 2011 
An Act To Promote School Attendance and Increase School 
Achievement 
Received by the Secretary of the Senate on April 20, 2011.  Referred to the Committee on 
Education and Cultural Affairs pursuant to Joint Rule 308.2 and ordered printed. 
JOSEPH G. CARLETON, JR. 
Secretary of the Senate 
Presented by Senator ALFOND of Cumberland. 
Cosponsored by Senator: JACKSON of Aroostook, Representatives: RANKIN of Hiram, 
RICHARDSON of Carmel, WAGNER of Lewiston. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  20-A MRSA §1, sub-§2-A, ¶C, as enacted by PL 2007, c. 667, §3, is 
amended to read: 
C.  Is habitually truant; or 
Sec. 2.  20-A MRSA §1, sub-§24-D is enacted to read: 
24-D.  Response to intervention team.  "Response to intervention team" means a 
team designated by a principal or the principal's designee to develop and implement a 
method of intervention or interventions developed in accordance with the requirements 
set forth in section 4710 that are designed to provide early, effective assistance to 
children who have difficulty learning. 
Sec. 3.  20-A MRSA §1001, sub-§8-A is enacted to read: 
8-A.  Due process standards for expulsion proceedings.  Following a proper 
investigation of a student's behavior, a school board that intends to consider expulsion 
shall ensure proceedings include the following due process proceedings. 
A.  Before a hearing on the expulsion, the superintendent shall: 
(1)  Provide written notice to the parents or legal guardian and the student of: 
(a)  The date, time and location of the hearing; 
(b)  A description of the incident or incidents that occasioned the expulsion 
hearing and the exhibits and testimony the superintendent intends to 
introduce at the hearing with sufficient specificity to allow the student to 
present a defense; 
(c)  The student's and parents' or legal guardian's right to review the school 
records prior to the hearing; 
(d)  A description of the hearing process; 
(e)  An explanation of the consequences of an expulsion; and 
(f)  The student's right to appeal the decision of the school board to the 
Superior Court within 30 days; and 
(2)  Invite the parents or legal guardian and student to a meeting prior to the 
expulsion hearing to discuss the procedures of the hearing. 
B.  At a hearing on the expulsion: 
(1)  The student has the right to present and cross-examine witnesses; 
(2)  The student has the right to an attorney or other representation; 
(3)  Witnesses must be sworn in and the chair of the hearing has the authority to 
swear witnesses in; and 
(4)  The school board shall maintain a record of the hearing. 
C.  After a hearing on the expulsion, the school board shall provide written notice of 
its decision to the parents or legal guardian and the student by certified mail, return 
receipt requested, or by delivery in hand. The notice of the school board's written 
decision must include findings of fact, conclusions of law, information on the 
student's right to appeal the decision to the Superior Court within 30 days and a 
reentry plan developed in accordance with subsection 9-C. 
Sec. 4.  20-A MRSA §1001, sub-§9, as amended by PL 1997, c. 298, §1, is 
further amended to read: 
9.  Students expelled or suspended.  Following a proper investigation of a student's 
behavior and due process proceedings pursuant to subsection 8-A, if found necessary for 
the peace and usefulness of the school, they a school board shall expel any student: 
A.  Who is deliberately disobedient or deliberately disorderly; 
B.  For infractions of violence; 
C.  Who possesses on school property a firearm as defined in Title 17-A, section 2, 
subsection 12-A or a dangerous weapon as defined in Title 17-A, section 2, 
subsection 9 without permission of a school official; 
D.  Who, with use of any other dangerous weapon as defined in Title 17-A, section 2, 
subsection 9, paragraph A, intentionally or knowingly causes injury or accompanies 
use of a weapon with a threat to cause injury; or 
E.  Who possesses, furnishes or trafficks in any scheduled drug as defined in Title 
17-A, chapter 45. 
A student has 30 days to appeal a decision of the school board to the Superior Court. A 
student may be readmitted on satisfactory evidence that the behavior that was the cause of 
the student being expelled will not likely recur and that the student has met the 
requirements of the reentry plan developed in accordance with subsection 9-C.  The 
school board may authorize the principal to suspend students up to a maximum of 10 
days for infractions of school rules.  In addition to other powers and duties under this 
subsection, the school board may develop a policy requiring a student who is in violation 
of school substance abuse or possession rules to participate in substance abuse services as 
provided in section 6606. Nothing in this subsection or subsection 9-C prevents a school 
board from providing educational services in an alternative setting to a student who has 
been expelled. 
Sec. 5.  20-A MRSA §1001, sub-§9-C is enacted to read: 
9-C.  Reentry for students after expulsion.  Upon making a decision to expel a 
student in accordance with procedures set forth in subsections 8-A and 9, a school board 
shall ensure that the student who has been expelled is provided with a reentry plan in 
accordance with this subsection. 
A.  The reentry plan must be developed by the superintendent or the superintendent's 
designee in consultation with the student and the student's parents or legal guardian to 
provide guidance that helps the student understand what the student must do to 
establish satisfactory evidence that the behavior that resulted in the expulsion will not 
likely recur. 
B.  The superintendent or the superintendent's designee shall send a certified letter, 
return receipt requested, or hand deliver a letter to the parents or legal guardian of the 
expelled student giving notice of the date, time and location of a meeting to develop a 
reentry plan for the student. 
C.  If the student and the student's parents or legal guardian do not attend the meeting 
under paragraph B, the reentry plan must be developed by school staff. 
D.  The reentry plan must be provided to the parents or legal guardian and the student 
in writing. 
E.  The superintendent shall designate a school employee to review the student's 
progress with the reentry plan at intervals of one month, 3 months and 6 months after 
the meeting and at other times as determined necessary by the designated school 
employee. 
F.  The superintendent shall annually report data on the number of students who are 
expelled from school and the number of students who are readmitted to school after 
expulsion to the commissioner's consultant on truancy, dropouts and alternative 
education under section 5151. 
Sec. 6.  20-A MRSA §1001, sub-§15-A is enacted to read: 
15-A.  School disciplinary policies.  Prior to the 2012-2013 school year and with 
input from educators, administrators, parents, students and community members, a school 
board shall adopt districtwide school disciplinary policies consistent with the student 
code of conduct developed under subsection 15.  The districtwide school disciplinary 
policies must: 
A.  Focus on positive interventions and expectations and avoid focusing exclusively 
on unacceptable student behavior; 
B.  Focus on evidence-based, positive and restorative interventions rather than set 
punishments for specific behavior and avoid zero-tolerance practices unless 
specifically required by federal or state laws, rules or regulations; 
C.  Allow administrators to use their discretion to fashion appropriate discipline that 
examines the circumstances pertinent to the case at hand; 
D.  Use suspensions and expulsions as a last resort in order to avoid learning 
disruption for students; and 
E.  Provide written notice to the parents or legal guardian of a student when a student 
is suspended from school, regardless of whether the suspension is an in-school or out-
of-school suspension. 
The school board shall ensure that administrators inform students, parents and school 
personnel of the districtwide school disciplinary policies. 
Sec. 7.  20-A MRSA §3271, sub-§3, ¶C, as enacted by PL 1985, c. 490, §8, is 
amended to read: 
C.  A person who has been adjudged an habitual a truant and has been excused from 
attendance pursuant to procedures established by the commissioner. 
Sec. 8.  20-A MRSA §3272, sub-§1, as enacted by PL 1985, c. 490, §8, is 
repealed. 
Sec. 9.  20-A MRSA §3272, sub-§2, as repealed and replaced by PL 2007, c. 304, 
§1, is amended to read: 
2.  Truancy.  A person is habitually truant if: 
A.  The person is required to attend school or alternative instruction and has 
completed grade 6 under this chapter and has the equivalent of 10 full days of 
unexcused absences or 7 consecutive school days of unexcused absences during a 
school year; or 
B.  The person is required to attend school or alternative instruction and is at least 7 
years of age and has not completed grade 6 under this chapter and has the equivalent 
of 7 full days of unexcused absences or 5 consecutive school days of unexecused 
absences during a school year. 
Sec. 10.  20-A MRSA §3273, sub-§1, as repealed and replaced by PL 2007, c. 
304, §3, is amended to read: 
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. 11.  20-A MRSA §5001-A, sub-§1, as enacted by PL 1983, c. 806, §49, is 
amended to read: 
1.  Requirement.  Persons 7 6 years of age or older and under 17 20 years of age 
shall attend a public day school during the time it is in regular session through high 
school graduation or equivalency. 
Sec. 12.  20-A MRSA §5001-A, sub-§2, as amended by PL 2009, c. 330, §§1 to 
3, is further amended to read: 
2.  Exceptions.  Attendance at school shall may not be required of the following: 
A.  A person who graduates from high school before that person's 17th birthday has 
reached the age of majority and met with the superintendent to discuss the decision to 
withdraw from school; 
B.  A person who has: 
(1)  Reached the age of 15 16 years of age or completed the 9th grade; 
(2)  Permission Obtained permission to leave school from that person's parent or 
legal guardian; 
(3)  Been approved by the principal for a suitable program of work and study or 
training; 
(3-A)  Has met with the superintendent or the superintendent's designee to 
discuss the decision to withdraw from school; and 
(4)  Permission Obtained permission to leave school from the school board or its 
designee; and 
(5)  Agreed in writing with that person's parent and the school board or its 
designee to meet annually until that person's 17th birthday to review that person's 
educational needs. When the request to be excused from school has been denied 
pursuant to this paragraph, the student's parent may appeal to the commissioner; 
D.  A person who has matriculated and is attending an accredited, post-secondary 
postsecondary, degree-granting institution as a full-time student.  An exception to 
attendance in public school under this paragraph must be approved by the 
commissioner; or 
E.  A person enrolled in an online learning program or course. 
Sec. 13.  20-A MRSA §5031, sub-§1, as enacted by PL 2009, c. 626, §1, is 
amended to read: 
1.  Goal.  It is the goal of the State to achieve a graduation rate of 90% by the end of 
the 2015-2016 school year for each publicly supported secondary school.  In addition to 
calculating the 4-year adjusted cohort graduation rate following the procedures outlined 
in 34 Code of Federal Regulations, Section 200.19, the department shall also calculate 
and record for each publicly supported secondary school: 
A.  Beginning with the graduation rate reported for school year 2010-2011 and for 
each school year thereafter, the 5-year adjusted cohort graduation rate; 
B.  Beginning with the graduation rate reported for school year 2011-2012 and for 
each school year thereafter, the 6-year adjusted cohort graduation rate; and 
C.  Beginning with the graduation rate reported for school year 2010-2011 and for 
each school year thereafter, other descriptors of academic success for school-age 
students on a statewide aggregate basis, including the rates of attainment of a: 
(1)  Department of Education diploma as described under section 5161; 
(2)  High school equivalency diploma as described under section 257; and 
(3)  High school equivalency diploma obtained through a high school completion 
course that includes general educational development preparation courses from 
an adult education program as described in chapter 315. 
The department shall adopt rules specifying that the methods used to calculate publicly 
supported secondary school graduation rates through the 2015-2016 school year must 
include calculations for 5-year and 6-year adjusted cohort graduation rates under 
paragraphs A and B and other descriptors of academic success under paragraph C. 
Sec. 14.  20-A MRSA §5051-A, as amended by PL 2007, c. 304, §§5 to 7, is 
further amended to read: 
§5051-A.  Truancy 
1.  Truant.  A student is habitually truant if the student is subject to section 5001-A 
and: is at least 6 years of age and has not completed grade 12 and has the equivalent of 10 
cumulative full days of absences or 5 consecutive school days of absences, excused or 
otherwise, during a school year. 
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. 
2.  Procedures; written notice; referral.  This subsection governs the procedure to 
be followed when a student is habitually truant. 
A.  If a principal of a public school and the attendance coordinator determine that a 
student is habitually truant, the principal shall inform the superintendent.  The 
superintendent or the superintendent's designee shall first try to correct the problem 
informally.  Informal attempts to correct the problem must include meeting with the 
student and the student's parents to identify possible causes of the habitual truancy 
and develop a plan to implement solutions to the problem.  If an initial meeting does 
not resolve the problem, the superintendent or superintendent's designee shall 
implement interventions that best address the problem.  The interventions may 
include, but are not limited to: 
(1)  Frequent communication between the teacher and the family; 
(2)  Changes in the learning environment; 
(3)  Mentoring; 
(4)  Student counseling; 
(5)  Tutoring, including peer tutoring; 
(6)  Placement into different classes; 
(7)  Evaluation for alternative education programs; 
(8)  Attendance contracts; 
(9)  Referral to other agencies for family services; and 
(10)  Other interventions, including, but not limited to, referral to the school 
attendance coordinator, student assistance team or dropout prevention committee. 
Failure of the student or the student's parents to appear at scheduled meetings does 
not preclude the school administrators from implementing a plan to address the 
student's habitual truancy. 
A-1.  The principal, upon determining that a student is truant under subsection 1, 
shall send a certified letter, return receipt requested, or hand deliver a letter to the 
parent or guardian giving notice of the potential jeopardy of the student's status in the 
student's grade and giving notice that the student has been referred to a response to 
intervention team. 
A-2.  A student who is determined truant under subsection 1 must be referred to the 
school's response to intervention team.  The response to intervention team shall 
determine the cause of the truancy and assess the effect of the student's absences, as 
well as any future absences for the student.  If the response to intervention team 
determines that a negative effect exists, the team shall develop an intervention plan to 
address the student's absences and the negative effect of these absences.  An 
intervention plan may include, but is not limited to: 
(1)  Frequent communication between the teacher and the family; 
(2)  Changes in the learning environment; 
(3)  Mentoring; 
(4)  Student counseling; 
(5)  Tutoring, including peer tutoring; 
(6)  Placement into different classes; 
(7)  Consideration of multiple pathways as described under section 4703; 
(8)  Attendance contracts; 
(9)  Referral to other agencies for family services; and 
(10)  Other interventions, including, but not limited to, referral to the school 
attendance coordinator, student assistance team or dropout prevention committee. 
Failure of the student or the student's parents or guardian to appear at scheduled 
meetings does not preclude the school administrators from implementing an 
intervention plan to address the student's truancy. 
B.  As part of correcting the problem informally, the superintendent or 
superintendent's designee shall require the student and the student's parents to attend 
one or more meetings with the student's teacher or other school personnel designated 
by the superintendent.  The purpose of the meetings is to reinforce the plan developed 
in paragraph A or to develop an alternative plan.  The meeting or meetings may 
involve the presence of others, including, but not limited to, case managers, 
therapeutic treatment providers and representatives of the Department of Human 
Services, the Department of Behavioral and Developmental Services and the 
Department of Corrections.  The superintendent or superintendent's designee shall 
arrange mutually convenient meeting times. 
B-1.  The superintendent shall develop procedures to refer a student who is truant to 
the response to intervention team in accordance with this section.  These procedures 
may include, but are not limited to: 
(1)  Identifying school personnel responsible for notifying the response to 
intervention team when a student is truant; 
(2)  A process for referral of a student who is truant, including identifying school 
personnel responsible for inviting the parents or guardian and the student to 
participate in any meeting that results from this referral; 
(3)  A timeline for setting up a meeting and developing an intervention plan 
under paragraph A-2; 
(4)  A plan for dealing with future absences of a student who is truant; and 
(5)  A plan for reporting of the results of the response to intervention team. 
C.  If the superintendent or superintendent's designee intervention plan of the 
response to intervention team developed pursuant to paragraph A-2 is unable to 
correct the truancy of the child, the superintendent or superintendent's designee shall 
serve or cause to be served upon the parent in hand or by registered mail a written 
notice that attendance of the child at school is required by law.  The notice must: 
(1)  State that the student is required to attend school pursuant to section 5001-A; 
(2)  Explain the parent's right to inspect the student's attendance records, 
attendance coordinator's reports and principal's reports; 
(3)  Explain that the failure to send the student to school and maintain the student 
in regular attendance is a civil violation in accordance with section 5053-A and 
explain the possible penalties will jeopardize the student's status in the grade that 
the student is in; 
(4)  State that the superintendent or the superintendent's designee may notify the 
local law enforcement department of a violation of this statute section 5053-A 
and the Department of Health and Human Services of a violation under 
subsection 1, paragraph C; and 
(5)  Outline the plan developed to address the student's habitual truancy and the 
steps that have been taken to implement that plan. 
D.  Prior to notifying the local law enforcement department under paragraph E, the 
superintendent or superintendent's designee shall schedule at least one meeting as 
required in paragraph B and may invite a local prosecutor. 
E.  If, after 3 school days after service of the notice referred to in paragraph C, the 
student remains truant and the parent and student refuse to attend the meeting 
scheduled according to paragraph D, the superintendent or superintendent's designee 
shall report the facts of the unlawful absence to the local law enforcement 
department, which may proceed with an action to enforce section 5053-A against the 
parent unless the student is at once placed in an appropriate school or otherwise 
meets the requirements under section 5001-A. 
F.  When a student is determined habitually to be truant and in violation of section 
5001-A and the response to intervention team and the superintendent or 
superintendent's designee has have made a good faith attempt to meet the 
requirements of paragraph B B-1, the superintendent or superintendent's designee 
shall notify the school board and the local law enforcement department of the 
student's truancy.  After this notification, a local law enforcement officer who sees 
the truant student may transport the truant student to the appropriate school if the 
truant student: 
(1)  Is off school grounds during school hours; and 
(2)  Is not under the supervision of school personnel. 
3.  Reports.  This subsection applies to reports of habitual truancy. 
A.  A superintendent shall submit an annual report to the commissioner before 
October 1st.  The report must: 
(1)  Identify the number of habitual truants in the school administrative unit in the 
preceding school year; 
(2)  Describe the unit's efforts to deal with habitual truancy; 
(3)  Account for actions brought under this section including the number of 
truants reported to the response to intervention team; and 
(4)  Include any other information on truancy requested by the commissioner. 
B.  The commissioner shall submit an annual report to the Governor and the 
Legislature before January 15th.  The report must aggregate the information provided 
by superintendents under paragraph A and must evaluate the effect of state laws on 
the incidence of truancy. 
Sec. 15.  20-A MRSA §5052-A, as amended by PL 2007, c. 143, §1, is further 
amended to read: 
§5052-A.  Attendance coordinators 
The following provisions apply to attendance coordinators. 
1.  Appointment.  The following provisions apply to the election appointment of 
attendance coordinators. 
A.  A school board superintendent shall elect appoint an attendance coordinator or 
coordinators. 
B.  Vacancies shall must be filled as they occur. 
2.  Qualifications.  An attendance coordinator shall must be a professionally certified 
or registered person licensed to practice in the mental health, social welfare, school 
counseling or educational system who is qualified to carry out the duties in accordance 
with rules to be established by the State Board of Education. 
3.  Duties.  The duties of an attendance coordinator include, but are not limited to, the 
following: 
A.  When notified by a principal that a student's attendance is irregular, interviewing 
the student and the parent or parents or guardian or guardians Interviewing a student 
whose attendance is irregular and meeting with the student and the parents or 
guardian to determine the cause of the irregular attendance and file filing a written 
report with the principal; 
B.  Filing an annual report with the superintendent summarizing school year 
activities, findings and recommendations regarding truants;  
C.  Serving as a member of the dropout prevention committee in accordance with 
section 5103; and 
C-1.  Serving as a member of the response to intervention team to the extent that it 
pertains to truancy; and 
D.  Serving as the liaison between the school and the local law enforcement agency in 
matters pertaining to student absenteeism under sections 5001-A and 5051-A. 
4.  Department assistance.  The department shall provide technical assistance to 
school attendance coordinators for carrying out these duties, through the Office of 
Truancy, Dropout Prevention and Alternative Education. 
5.  State subsidy.  The salary and benefit costs of attendance coordinators are eligible 
for state subsidy under chapter 606-B. 
Sec. 16.  20-A MRSA §5053-A, sub-§1, as amended by PL 2007, c. 304, §8, is 
further 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 more than $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. 17.  20-A MRSA §5053-A, sub-§2, as enacted by PL 2003, c. 533, §5, is 
amended to read: 
2.  Dispositions.  The court may also order a parent adjudicated as violating 
subsection 1 to take specific action to ensure the child's attendance at school; comply with 
the intervention plan developed in accordance with section 5051-A, subsection 2, 
paragraph A A-2; participate in a parent-training class; attend school with the child; 
perform community service hours at the school; or participate in counseling or other 
services as appropriate. 
Sec. 18.  20-A MRSA §5053-A, sub-§4, as amended by PL 2007, c. 304, §9, is 
further 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 7 10 cumulative full 
days of absences or 5 consecutive school days of absences, excused or otherwise, that are 
not justified under the established attendance policies of the school administrative unit is 
prima facie proof that the 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. 19.  20-A MRSA §5054, as enacted by PL 1989, c. 415, §26, is amended to 
read: 
§5054.  Employment of truants prohibited 
Any firm or corporation, or agent or manager of any firm or corporation, who hires or 
otherwise engages any student who is habitually truant as defined in this subchapter 
without a release from the student's supervising superintendent of schools shall be is 
subject to the penalty provided in Title 26, section 781. 
Sec. 20.  20-A MRSA §5151, sub-§2, ¶J, as enacted by PL 1985, c. 774, §5, is 
amended to read: 
J.  Collect data on the scope of the dropout and truancy problem in the State, 
including data on the number of students who are expelled from school and the 
number who are readmitted to school after expulsion; 
Sec. 21.  20-A MRSA §5154 is enacted to read: 
§5154.  Department assistance 
The commissioner may expend and disburse funds to school administrative units for 
the support of interventions that may prevent a student from becoming a truant or a 
dropout. 
1.  Mental health and substance abuse services fund.  A mental health and 
substance abuse services fund is established to provide funds for school administrative 
units to provide mental health and substance abuse services to a student who is struggling 
with mental health and substance abuse issues and who is at risk of becoming a truant or 
a dropout. 
2.  Educational services for expelled students fund.  An educational services for 
expelled students fund is established to provide funds to school administrative units to 
provide educational services in an alternative setting for a student who has been expelled 
from school or who is at risk of becoming a truant or a dropout. 
School administrative units may request disbursements from the funds established 
under this section to provide appropriate intervention programs and services.  The 
commissioner's consultant on truancy, dropouts and alternative education under section 
5151 shall provide technical assistance to school administrative units requesting a 
disbursement from these funds. 
Sec. 22.  20-A MRSA §15676, sub-§2, as amended by PL 2005, c. 2, Pt. D, §39 
and affected by §§72 and 74 and c. 12, Pt. WW, §18, is further amended to read: 
2.  Other staff costs.  The salary and benefit costs for school-level staff who are not 
teachers, but including attendance coordinators under section 5052-A and substitute 
teachers, that are necessary to carry out this Act, calculated in accordance with section 
15679, adjusted by the regional adjustment under section 15682 and reduced by the 
amount of funds received by the school administrative unit during the most recent fiscal 
year under Title 1 of the federal Elementary and Secondary Act of 1965, 20 United States 
Code, Section 6301 et seq.; and 
Sec. 23.  20-A MRSA §15679, sub-§6, as enacted by PL 2003, c. 504, Pt. A, §6, 
is amended to read: 
6.  Total salary and benefit costs for staff.  The total salary and benefit costs for 
staff is equal to the sum of: 
A.  The estimated salary costs determined pursuant to subsection 4; 
B.  The amount, as determined by the commissioner, that equals the statewide 
percentage of estimated salary costs determined pursuant to subsection 4 that 
represents the statewide benefit costs; and 
C.  The substitute teacher salary costs determined pursuant to subsection 5.; and 
D.  The attendance coordinator salary costs determined pursuant to subsection 7. 
Sec. 24.  20-A MRSA §15679, sub-§7 is enacted to read: 
7.  Salary costs for attendance coordinators.  The commissioner shall calculate the 
additional salary costs for attendance coordinators under section 5052-A for each school 
administrative unit using the pupil count arrived at under section 15674, subsection 1, 
paragraph C.  In order to calculate this amount, the commissioner shall establish a 
per-pupil rate for the cost of an attendance coordinator for half a day. 
Sec. 25.  22 MRSA §4002, sub-§1, as amended by PL 2007, c. 304, §10, 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. 26.  26 MRSA §775, sub-§2, ¶A, as enacted by PL 1991, c. 544, §5, is 
amended to read: 
A.  If the school is in session or the minor is attending summer school, the minor 
must be enrolled in school, not habitually truant, not under suspension and passing a 
majority of courses during the current grading period.  Upon request of the minor, the 
superintendent may waive the requirements for one grading period if, in the opinion 
of the superintendent, there are extenuating circumstances or if imposing the 
requirements would create an undue hardship for the minor; 
Sec. 27.  30-A MRSA §451, sub-§9, ¶A, as enacted by PL 1987, c. 737, Pt. A, §2 
and Pt. C, §106 and amended by PL 1989, c. 6; c. 9, §2; and c. 104, Pt. C, §§8 and 10, is 
further amended to read: 
A.  Is habitually truant; 
Sec. 28.  Maine Revised Statutes headnote amended; revision clause.  In 
the Maine Revised Statutes, Title 20-A, chapter 211, subchapter 2, in the subchapter 
headnote, the words "habitual truants" are amended to read "truants" and the Revisor of 
Statutes shall implement this revision when updating, publishing or republishing the 
statutes. 
Sec. 29.  Appropriations and allocations.  The following appropriations and 
allocations are made. 
EDUCATION, DEPARTMENT OF 
Mental Health and Substance Abuse Services 
Initiative:  Provides funds for school administrative units to provide mental health and 
substance abuse services for students struggling with mental health and substance abuse 
issues. 
Educational Services for Expelled Students 
Initiative:  Provides funds to school administrative units to provide educational services 
for students expelled from school. 
SUMMARY 
This bill implements the recommendations of the stakeholder group established by 
the Commissioner of Education pursuant to Public Law 2009, chapter 626.  The charge 
provided to the stakeholder group was to develop methodologies and recommendations 
relating to increasing high school graduation rates and to address other policy issues 
pertaining to school expulsion, suspension, zero-tolerance practices and truancy in the 
State.  The bill accomplishes the following. 
1.  It requires the Department of Education to obtain more accurate and complete data 
in calculating high school graduation rates.  In addition to calculating the 4-year adjusted 
GENERAL FUND 
2011-12
2012-13
All Other 
$500,000
$500,000
GENERAL FUND TOTAL 
$500,000
$500,000
GENERAL FUND 
2011-12
2012-13
All Other 
$100,000
$100,000
GENERAL FUND TOTAL 
$100,000
$100,000
EDUCATION, DEPARTMENT OF 
DEPARTMENT TOTALS 
2011-12
2012-13
GENERAL FUND 
$600,000
$600,000
DEPARTMENT TOTAL - ALL FUNDS 
$600,000
$600,000
cohort graduation rate required by the Federal Government, the department is required to 
collect and record graduation rates for a 5-year cohort and a 6-year cohort and also use 
other descriptors of academic success for school-age students on a statewide aggregate 
basis, including the Department of Education diploma, high school equivalency diploma 
obtained through adult education and the general equivalency diploma. 
2.  It changes the law regarding compulsory school age by reducing the age when a 
child must start school from 7 to 6 years of age and by increasing the age threshold under 
which a child who has not attained high school graduation or equivalency is expected to 
attend secondary school from 17 to 20 years of age.  The bill also amends the exceptions 
to the compulsory school age requirements. 
3.  It amends the truancy laws by striking all references to "habitual" truancy. It 
changes the provisions for determining truancy and removes the requirement that local 
law enforcement be notified of a truant student. It describes response to intervention 
teams for schools and their duties, including assessing situations of student truancy and 
developing and helping implement intervention plans for truant students. 
4.  It clarifies provisions pertaining to the qualifications and role of school attendance 
coordinators and requires superintendents to appoint attendance coordinators.  In current 
law, school attendance coordinators are elected.  It establishes that the salary costs of 
attendance coordinators are eligible for state subsidy under the Essential Programs and 
Services Funding Act. 
5.  It directs school boards to review policies and procedures established for the code 
of conduct and school discipline, including provisions that encourage school boards to 
focus the code of conduct on positive intervention and expectations rather than 
unacceptable student behavior and to focus school disciplinary policies on 
evidence-based positive and restorative interventions rather than set punishments for 
specific behavior.  The bill also requires that schools provide notice to parents or legal 
guardians of a student's suspension regardless of whether it is an in-school or 
out-of-school suspension and discourages the use of zero-tolerance practices in school 
discipline. 
6.  It establishes due process standards for school expulsion proceedings to inform 
students and their parents or legal guardians of the procedural steps involved in and of 
their legal rights prior to, during and following the due process hearing and provide an 
explanation of the consequences of expulsion. 
7.  It amends the laws regarding school expulsion to require that all students who 
have been expelled from school must be provided with a written reentry plan, developed 
by the superintendent in consultation with the student and the student's parents or legal 
guardian, that provides guidance to the expelled student regarding what the student must 
do to establish satisfactory evidence that the behavior that resulted in the expulsion will 
not likely recur. 
8.  It further amends the laws regarding school expulsion to authorize school boards 
to provide educational services to an expelled student in an alternative setting. 
9.  The bill also provides for an ongoing appropriation of funds to the Department of 
Education to disburse to school administrative units that request funding for providing 
appropriate interventions to students who are at risk of becoming truants or dropouts due 
to an expulsion from school or who struggle with mental health and substance abuse 
issues.