An Act To Prepare Maine People for the Future Economy
Maine Legislature, Session 125, LD 1422
Committee Amendment CA_A_S477 (Senate)
Amends: 20-A MRSA §253, 20-A MRSA §2902, 20-A MRSA §4502, 20-A MRSA §13016

COMMITTEE AMENDMENT" A" to S.P. 439, L.D. 1422, Bill, "An Act To 
Prepare Maine People for the Future Economy" 
Amend the bill by inserting after the title and before the enacting clause the 
following: 
'Mandate preamble. This measure requires one or more local units of government 
to expand or modify activities so as to necessitate additional expenditures from local 
revenues but does not provide funding for at least 90% of those expenditures. Pursuant to 
the Constitution of Maine, Article IX, Section 21, 2/3 of all of the members elected to 
each House have determined it necessary to enact this measure.' 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 20-A MRSA §253, sub-§9 is enacted to read: 
9. Transition to standards-based educational system. In order to facilitate the 
transformation of the public education system to one in which standards are used to guide 
curriculum and instruction and in which student advancement and graduation are based 
on student demonstration of proficiency in meeting educational standards, the 
commissioner may waive or alter any provision of this Title as specified in an approved 
plan for transitioning to proficiency-based graduation in accordance with section 4722-A 
as the provision pertains to requiring or prohibiting an action based on the age or grade 
level of a student. This authority applies to all age-based or grade-based requirements, 
except that the commissioner may not waive or alter: 
A. Requirements imposed by federal law, or imposed by state law in order to comply 
with federal law, including but not limited to requirements relating to assessment and 
special education; 
B. Compulsory attendance and eligibility to enroll standards; 
C. Provisions relating to public funding, including tuition rates; 
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COMMITTEE AMENDMENT" A" to S.P. 439, L.D. 1422 
D. 
He_alth-related provisions, if advised by health professionals not to alter the 
requirements; and 
E. Provisions of this Title that are not administered by the commissioner, including 
but not limited to certain provisions relating to institutions of higher education. 
The commissioner shall adopt rules to implement this subsection. 
Rules adopted 
pursuant to this subsection before July 1, 2013 are routine technical rules pursuant to 
Title 5, chapter 375, subchapter 2-A. Beginning July 1, 2013, rules adopted by the 
commissioner pursuant to this subsection are major substantive rules pursuant to Title 5, 
chapter 375, subchapter 2-A. 
Sec. 2. 20-A MRSA §2902, sub-§3, as repealed and replaced by PL 1985, c. 797, 
§22, is amended to read: 
3. Courses required by law. Provide instruction in elementary schools as specified 
in sections 4701, 4704, 4706 and 4711 and in secondary schools as specified in sections 
4701, 4704, 4706, 4722, 4723 and 4724. 
Sec. 3. 20-A MRSA §4502, sub-§l, as amended by PL 2001, c. 454, §12, is 
further amended to read: 
1. 
General requirements. 
Elementary and secondary schools and school 
administrative units, including an educational program or school located in or operated by 
a juvenile correctional facility, shall meet all requirements of the system of learning 
results as established in section 6209 as well as other requirements of this Title and other 
statutory requirements applicable to the public schools and basic school approval 
standards. Each school administrative unit shall prepare and implement a comprehensive 
education plan that is aligned with the system of learning results, focused on the learning 
of all students and oriented to continuous improvement. The comprehensive education 
plan must include a plan for transitioning to proficiency-based graduation in accordance 
with section 4722-A. 
This plan must also address all other plans required by the 
department. 
Sec. 4. 20-A MRSA §4502, sub-§6, as repealed and replaced by PL 2001, c. 454, 
§ 15, is amended to read: 
6. Annual report on comprehensive education plan. The superintendent shall 
make an annual report of progress on the comprehensive education plan, developed 
pursuant to subsection 1, to the citizens of the school administrative unit. The school 
board shall annually review and approve the plan. 
The superintendent shall certify 
progress on the plan to the commissioner on an annual basis and shall submit to the 
commissioner a copy of the minutes of the school board meeting at which the school 
board reviewed and approved the plan. 
Sec. 5. 20-A MRS A §4502, sub-§8, as enacted by PL 2001, c. 454, §16, is 
amended to read: 
8. Waivers. The commissioner may grant a school administrative unit a waiver of 
one or more school approval requirements upon receipt of an application from the school 
administrative unit that includes the basis for the waiver request and a plan to reduce 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" A "to S.P. 439, L.D. 1422 
reliance on waivers in subsequent years. 
Financial hardship is one criterion the 
commissioner must consider in determining '.vhether to grant a 'Naiver. 
A. Financial hardship is one criterion the commissioner must consider in determining 
whether to grant a waiver. 
B. A request to waive the requirement for a transition plan to proficiency-based 
graduation in accordance with section 4722-A by January 1, 2017 must include 
specific information about the reason for the waiver request and a date by which the 
proficiency-based graduation requirement will be met. Any waiver granted by the 
commissioner under this paragraph must require an annual report to the 
commissioner on the school administrative unit's progress toward meeting the 
requirements of section 4722-A. This paragraph is repealed July I, 2020. 
C. The commissioner shall provide a report to the joint standing committee of the 
Legislature having jurisdiction over education matters by February 1st annually on 
the number of waivers provided pursuant to paragraph B, including the reasons for 
the waivers granted. 
The commissioner shall promptly post the arumal report 
submitted pursuant to this paragraph on the department's publicly accessible website. 
This paragraph is repealed July 1, 2020. 
Sec. 6. 20-A MRS A §4722, sub-§§7 and 8 are enacted to read: 
7. 
Applicability of requirements; transition to proficiency-based diploma. 
Except as provided in section 4722-A, this section applies to the granting of diplomas to 
secondary school students before January 1, 2017. 
8. Repeal. This section is repealed July 1, 2020. 
Sec. 7. 20-A MRS A §4722-A is enacted to read: 
§4722-A. Proficiency-based diploma standards 
Beginning January 1, 2017, a diploma indicating graduation from a secondary school 
must be based on student demonstration of proficiency as described in this section. The 
commissioner may permit a school administrative unit to award diplomas under this 
section prior to January 1, 2017 if the commissioner finds that the unit's plan for 
awarding diplomas meets the criteria for proficiency-based graduation under this section. 
1. Requirements for award of diploma. In order to receive a diploma indicating 
graduation from secondary school, a student must: 
A. 
Demonstrate that the student engaged in educational experiences relating to 
English language arts, mathematics and science and technology in each year of the 
student's secondary schooling; 
B. Demonstrate proficiency in meeting state standards in all content areas of the 
system of teaming results established under section 6209; 
C. Demonstrate proficiency in each of the guiding principles set forth in department 
rules goveming implementation of the system of teaming results established pursuant 
to section 6209; and 
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COMMITTEE AMENDMENT" A" to S.P. 439, L.D. 1422 
D. 
Meet any other requirements specified by the governing body of the school 
administrative unit attended by the student. 
2. Method of gaining and demonstrating proficiency. Students must be allowed 
to gain proficiency through multiple pathways, as described in section 4703, and must be 
allowed to demonstrate proficiency by presenting multiple types of evidence, including 
but not limited to teacher-designed or student-designed assessments, portfolios, 
performance, exhibitions and projects. 
3. Exceptions. Notwithstanding subsection 1, a student may be awarded a diploma 
indicating graduation from a secondary school in the following circumstances. 
A. 
A child with a disability, as defined in section 7001, subsection I-B, who 
achieves proficiency as required in subsection 1, as specified by the goals and 
objectives of the child's individualized education plan, may be awarded a high school 
diploma. 
B. A student who has satisfactorily completed the freshman year in an accredited 
degree-granting institution of higher education may be eligible to receive a high 
school diploma from the school the student last attended. 
C. A student who experiences education disruption, as described in section 5001-A, 
subsection 4, paragraph F, who successfully demonstrates proficiency as required in 
subsection I as set forth in the student's school work recognition plan as defined in 
section 5161 must, with the approval of the commissioner, be awarded a Department 
of Education diploma as defined in section 5161. 
D. A school administrative unit may award a high school diploma to a student who 
has met the standards set forth in a waiver request that was approved by the 
commissioner pursuant to section 4502, subsection 8. 
E. A person may be awarded a high school diploma, including a posthumous award, 
if the person or a family member of the person applies to a secondary school and: 
(1) The person: 
(a) Attended a secondary school in the geographic area now served by the 
secondary school from which a diploma is requested; or 
(b) Resides at the time of application for a diploma in the geographic area 
served by the secondary school from which a diploma is requested; 
(2) The person did not graduate or receive a diploma from a secondary school 
because the person left secondary school to serve in the Armed Forces and served 
during the following periods: 
(a) World War II, from December 7, 1941 to August 16, 1945; 
(b) The Korean Conflict; or 
(c) The Vietnam War era, from February 28, 1961 to May 7, 1975; and 
(3) The person received an honorable discharge or a certificate of honorable 
service from the Armed Forces. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A" to S.P. 439, L.D. 1422 
For the purposes of this paragraph, "Armed Forces" means the United States Army, 
Navy, Air Force, Marine Corps, Coast Guard and the Merchant Marines. 
Sec. 8. 20-A MRSA §13016, sub-§2, as amended by PL 1991, c. 622, Pt. X, §8, 
is further amended to read: 
2. 
Professional teacher certificates. A professional teacher certificate may be 
renewed for 5-year periods in accordance with state board rules, which must require, at a 
minimum, that the teacher complete at least 6 hours of professional or academic study, or 
in-service training designed to improve the performance of the teacher in the field for 
which the teacher holds an endorsement, or in a related subject area, or to improve the 
teacher's knowledge of, and skill in, standards-based education. Teachers who desire to 
qualify for a master teacher certificate must coordinate their continuing professional 
education with the requirements of an applicable teacher action plan. 
Sec. 9. Development of standards-based system tools. The Department of 
Education shall coordinate the development of standards, assessments and assessment 
criteria needed to enable school administrative units to implement a standards-based 
system of education. 
1. 
The Department of Education shall convene a working group to develop 
standards, assessments and assessment criteria for detennining student proficiency in the 
guiding principles as outlined in department rule that are required for secondary school 
graduation beginning January 1, 2017. The working group must include representatives 
from school administrative units currently developing those standards, assessments and 
assessment criteria. The working group shall develop draft standards, assessments and 
assessment criteria for review not later than July 1, 2013. 
2. The Department of Education shall maintain a publicly accessible website to serve 
as a resource for schools implementing standards-based education systems. The website 
must: 
A. Include information about the experience of school administrative units that are 
engaged in transforming their schools to standards-based systems, including schools 
involved in the Maine Cohort for Customized Learning and the League of Innovative 
Schools of the New England Secondary School Consortium; 
B. Include a repository of model materials, including but not limited to report cards 
and transcripts, assessment methodologies and assessment criteria for all content 
areas ofthe system ofleaming results; 
C. Be designed to facilitate communication among educators and administrators on 
the transformation of schools to standards-based education systems; and 
D. Provide infonnation for school administrative units seeking to create regional 
capacity to implement standards-based education systems, including information 
about applying for a grant from the Fund for the Efficient Delivery of Educational 
Services established pursuant to the Maine Revised Statutes, Title 20-A, section 2651 
and information about school administrative units that are currently engaging 111 
regional cooperation in delivering education. 
Sec. 10. 
Development of technical assistance plan. 
The Department of 
Education shall develop a technical assistance plan that includes a time line with 
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COMMITTEE AMENDMENT" A "to S.P. 439, L.D. 1422 
implementation dates for the resources and initiatives the department will provide to 
enable school administrative units to transition to a standards-based education system. 
The technical assistance plan must include but is not limited to the standards-based 
system tools described in section 9, other resources related to model policies and best 
practices, professional development and training and other initiatives that the department 
determines will be necessary for school administrative units to transform their schools to 
a standards-based education system. The technical assistance plan must be presented to 
the joint standing committee of the Legislature having jurisdiction over education matters 
for review by March 1, 2013. The joint standing committee may introduce a bill to the 
described in this section and section 9. 
Sec. 11. Amendment of age-based and grade-based statutory provisions. 
The Department of Education shall submit a bill to the First Regular Session of the 126th 
Legislature to amend provisions of the Maine Revised Statutes, Title 20-A that 
unreasonably restrict the ability of school administrative units to advance or graduate 
students based on demonstrated proficiency in education standards. The bill may include 
an amendment to the rule-making provisions under Title 20-A, section 253, subsection 9.' 
SUMMARY 
This amendment strikes and replaces the bill to establish statutory standards and to 
direct the Department of Education to develop standards and procedures that enable 
school administrative units to transition to a standards-based system of education that 
awards a high school diploma based on a student's demonstrated proficiency in the areas 
of assessment under state learning standards. The amendment adds a mandate preamble 
and makes the following changes to the bill. 
1. 
It provides that new high school diploma standards and requirements are 
applicable to graduations beginning January 1, 2017 and reaffirms that students must 
have the opportunity to gain proficiency through multiple pathways and to demonstrate 
their proficiency by presenting multiple types of evidence. It also provides exceptions to 
the proficiency-based high school diploma requirements for students in certain 
circumstances, including carrying forward current exceptions to the standards for 
awarding a high school diploma. 
2. It amends the current high school diploma standards to provide that existing 
requirements are applicable to high school diplomas awarded before January 1,2017 and 
that, if a school administrative unit wants to move to awarding a high school diploma 
using proficiency-based standards before that date, the school unit may apply to the 
Commissioner of Education to request the authority to do so. 
3. It repeals the existing high school diploma standards effective July 1, 2020 in 
order to authorize the Commissioner of Education to provide a waiver to a school 
administrative unit that requests an extension of the January 1, 2017 deadline for 
transitioning to proficiency-based standards for awarding a high school diploma. 
4. It permits the Commissioner of Education to waive or alter the application of age-
based and grade-based requirements in law, if the alteration is needed to facilitate 
standards-based education and the commissioner approves a plan to transition to 
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COMMITTEE AMENDMENT" A "to S.P. 439, L.D. 1422 
proficiency-based graduation. The commissioner must adopt rules to implement this 
authority. 
5. It provides that a school administrative unit's comprehensive education plan must 
include a plan for transitioning to proficiency-based standards for awarding a high school 
diploma by January 1,2017. 
6. The commissioner is required to provide an annual report by February 1st in 2017, 
2018, 2019 and 2020 to the joint standing committee of the Legislature having 
jurisdiction over education matters on the number of transition plan waivers provided to 
school units and to post the annual report on the Department of Education's website. 
7. 
It provides that a certified teacher may include training on standards-based 
education toward the 6-hour recertification requirement. 
8. It directs the Department of Education to coordinate the development of tools 
needed to enable school administrative units to implement a standards-based system of 
education. 
It also directs the department to convene a working group to develop 
standards, assessments and assessment criteria for detennining proficiency in the guiding 
principles as outlined in department rule that are required for secondary school graduation 
and to provide resources and cOlmnunication opportunities for educators. 
9. It directs the Department of Education to develop a technical assistance plan that 
includes a timeline with implementation dates for the resources and initiatives the 
department will provide to enable school administrative units to transition to a standards-
based system of education. It requires the department to present the technical assistance 
plan to the joint standing committee of the Legislature having jurisdiction over education 
matters for review not later than March 1, 2013, and it authorizes the joint standing 
committee to introduce a bill to the First Regular Session of the 126th Legislature. 
10. It directs the Department of Education to submit a bill to the First Regular 
Session of the 126th Legislature to address provisions of the Maine Revised Statutes, 
Title 20-A that unreasonably restrict the ability of school administrative units to advance 
or graduate students based on demonstrated proficiency in education standards. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
State Mandates 
Revised: 03/22/12 Mac 
LD 1422 
LR 1901(02) 
An Act To Prepare Maine People for the Future Economy 
Fiscal Note for Bill as Amended by Committee Amendment "A" S *71 
Committee: Education and Cultural Affairs 
Fiscal Note Required: Yes 
Fiscal Note 
State Mandate - Exempted 
Required Activity 
Unit Affected 
Local Cost 
Requires local school administrative units to transition to proficiency-based 
School 
Moderate 
standards for awarding a high school diploma by January 1, 2017. To the extent that 
statewide 
the development of the methodology for implementation can be provided by the 
working group and the Department of Education the costs to school administrative 
units may be moderated. 
Pursuant to the Mandate Preamble, the two-thirds vote of all members elected to each House exempts the state from 
the constitutional requirement to fund 90% of the additional costs. 
Fiscal Detail and Notes 
Additional costs to the Department of Education to coordinate the development of standards, assessments and rubrics 
to be used in determining proficiency as required for secondary school graduation beginning January 1, 2017 and to 
develop the required technical assistance plan can be absorbed within existing budgeted resources. 
LR1901(02) - Fiscal Note - Page 1 of I