An Act To Promote School Attendance and Increase School Achievement
Maine Legislature, Session 125, LD 1503
Committee Amendment CA_B_S378 (Senate)
Amends: 4 MRSA §152, 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 §50, 20-A MRSA §5053-A, 20-A MRSA §5054, 20-A MRSA §5103, 20-A MRSA §5151, 26 MRSA §775, 30-A MRSA §451

COMMITTEE AMENDMENT "B " to S.P. 473, L.D. 1503, Bill, "An Act To 
Promote School Attendance and Increase School Achievement" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 4 MRSA §152, sub-§4, as cOlTected by RR 2001, c. 2, Pt. A, §2, is 
amended to read: 
4. Exclusive jurisdiction. Original jurisdiction, not conCUlTent with that of the 
Superior Court, of mental health commitment hearings under Title 34-B, chapter 3, 
subchapter 4, mental retardation cettification hearings under Title 34-B, chapter 5, 
habitual tmancy actions under Title 20-A, chapters 119 and 211 under which equitable 
relief may be granted and small claims actions under Title 14, chapter 738; 
Sec. 2. 20-A MRSA §1, sub-§2-A, ~C, as enacted by PL 2007, c. 667, §3, is 
amended to read: 
C. Is habitually tmant; or 
Sec. 3. 20-A MRSA §lOOl, 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 provisions. 
A. Before a hearing on the expulsion, the superintendent shall: 
(1) Provide written notice to the parents and the student of: 
Ca) The date, time and location of the hearing; 
(b) A description of the incident or incidents that occasioned the expulsion 
hearing; 
(c) The student's and parents' right to review the school records prior to the 
hearing; 
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(d) A description of the hearing process; and 
(e) An explanation of the consequences of an expulsion; and 
(2) Invite the parents 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; and 
(3) Witnesses must be sworn in and the chair of the hearing has the authority to 
swear in witnesses. 
C. After a hearing on the expulsion, the school board shall provide written notice of 
its decision to the parents and the student by certified mail. The notice of the school 
board's written decision may include a reentry plan developed in accordance with 
subsection 9-C. 
Sec. 4. 20-A MRSA §lOOl, 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 may be readmitted on satisfactory evidence that the behavior that was the cause 
of the student being expelled will not likely recur. 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: 
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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 
may exercise one of the following options in expelling a student: 
A. The school board may expel the student for a specific period of time not to exceed 
the total number of instructional days approved by the school board for the current 
school year; or 
B. The school board may expel the student for an unspecified period of time and 
authorize the superintendent to provide the expelled student with a reentry plan that 
specifies the conditions that must be met in order for the student to be readmitted to 
school after the expUlsion. If a school board authorizes the superintendent to provide 
the expelled student with a reentry plan, the school board shall ensure that the student 
who has been expelled is provided with a reentry plan in accordance with this 
paragraph. 
(1) 
The reentry plan must be developed by the superintendent or the 
superintendent's designee in consultation with the student and the student's 
parents 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. 
(2) The superintendent or the superintendent's designee shall send a certified 
letter. return receipt requested, or hand deliver a letter to the parents of the 
expelled student giving notice of the date, time and location of a meeting to 
develop a reentry plan for the student. 
(3) If the student and the student's parents do not attend the meeting under 
subparagraph (2), the reentry plan must be developed by school staff. 
(4) The reentry plan must be provided to the parents and the student in writing. 
(5) 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. 
(6) 
The reentry plan may require the student to take reasonable measures 
determined by the superintendent to be helpful to establish the student's readiness 
to return to school. Professional services determined to be necessary by the 
superintendent must be provided at the expense of the student and the student's 
parents. 
(7) The superintendent may, as appropriate, notify an individualized education 
program team for a child with a disability who has been expelled by a school 
board. 
(8) 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 
altemati ve education under section 5151. 
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Sec. 6. 20-A MRSA §lOOl, sub-§9-D is enacted to read: 
9-D. Professional services after expulsion for a child with a disability. Nothing 
in subsection 9-C may be interpreted to require payment from the parents of an expelled 
student for professional services determined by the superintendent to be necessary to 
establish the student's readiness to return to school if: 
A. The student is a child with a disability who has been determined to be eligible for 
a free, appropriate public education in accordance with 34 Code of Federal 
Regulations, Section 300.530, Paragraph (d); or 
B. The school administrative unit did not have knowledge that the student was a 
child with a disability prior to taking disciplinary measures against the student and, 
based on a subsequent evaluation, the student is determined to be a child with a 
disability who is eligible for a free, appropriate public education in accordance with 
Code of Federal Regulations, Section 300.534, Paragraph (d). 
Sec. 7. 20-A MRSA §lOOl, sub-§15-A is enacted to read: 
IS-A. School disciplinary policies. When revising the prescribed consequences for 
violation of the student code of conduct pursuant to subsection 15, paragraph C, a school 
board shall consider districtwide disciplinary policies that: 
A. Focus on positive interventions and expectations and avoid focusing exclusively 
on unacceptable student behavior. 
For the purpose of this subsection, "positive 
interventions" means instructional and environmental supports that are designed to 
teach students prosocial alternatives to problem behaviors with high rates of positive 
feedback; 
B. 
Focus on positive and restorative interventions that are consistent with 
evidence-based practices rather than set punishments for specific behavior and avoid 
so-called zero-tolerance practices unless specifically required by federal or state laws, 
rules or regulations. For the purpose of this paragraph, "restorative interventions" 
means school practices that are designed to strengthen relationships, improve the 
connection to school and promote a strong sense of accountability and that help 
students learn from their mistakes, understand the impact of their actions on others 
and find opportunities to repair the harm they have caused through their misbehavior; 
C. Allow administrators to use their discretion to fashion appropriate discipline that 
examines the circumstances pertinent to the case at hand; and 
D. Provide written notice to the parents 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. 8. 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 ~ truant and has been excused from 
attendance pursuant to procedures established by the commissioner. 
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Sec. 9. 20-A MRSA §3272, sub-§I, as enacted by PL 1985, c. 490, §8, is 
repealed. 
Sec. 10. 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. 11. 20-A MRSA §3273, sub-§I, 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. 12. 20-A MRSA §5001-A, sub-§l, as enacted by PL 1983, c. 806, §49, is 
amended to read: 
1. Requirement. Persons + Q years of age or older and under +7li years of age 
shall attend a public day school during the time it is in regular session through high 
school graduation or equivalency. 
Sec. 13. 20-A MRSA §5001-A, sub-§2, as amended by PL 2009, c. 330, §§l to 
3, is further amended to read: 
2. Exceptions. Attendance at school shall may not be required of the foUov/ing: 
A. A person 'Nho graduates from high sohool before that person's 17th birthday; 
B. A person who has met each ofthe following requirements: 
(1) Reached the age of 15 16 years or oompleted the 9th grade of age; 
(2) PemHssion Obtained permission to leave school from that person's parent; 
(3) Been approved by the principal for a suitable program of work and study or 
training; 
C3-A) 
Has met with the superintendent or the superintendent's designee to 
discuss the decision to withdraw from school; 
(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 +7th 18th birthday to review that 
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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 seeondary 
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. 14. 20-A MRSA §SOOl-A, sub-§2-A is enacted to read: 
2-A. Students 18 years of age or older who have not graduated. A student who is 
years of age or older who has not graduated from high school or obtained a high 
school equivalency diploma and who wishes to withdraw from school shall meet with the 
superintendent or the superintendent's designee to discuss the decision to withdraw from 
school. 
Sec. IS. 20-A MRSA §S031, sub-§I, as enacted by PL 2009, c. 626, §l, 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 2011-2012 and for 
each school year thereafter, the 5-year adjusted cohort graduation rate; 
B. Beginning with the graduation rate reported for school year 2012-2013 and for 
each school year thereafter, the 6-year adjusted cohort graduation rate; and 
C. Beginning with the graduation rate reported for school year 2011-2012 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. 16. 20-A MRSA §SOSI-A, as amended by PL 2007, c. 304, §§5 to 7, is 
further amended to read: 
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§5051-A. Truancy 
1. Truant. A student is habitually truant if the student is subject to section 5001-A 
and: 
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 '+ Q years of age and has not completed grade 6 and has the equivalent 
of 7 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 hahitually truant. 
A. If a ~riRci~al of a ~uhlic school aea the atteeaaece cooraieator aeteffRiRe that a 
stuaeRt is haeitually truaet, the ~rieci~al shall iRfoffR the superieteeaeRt. 
The 
superieteRaeet or the superietemieet's aesignee shall first try to correct the ~roelem 
iefoffRally. IefoffRal attem~ts to correct the ~roelem must incluae meetieg with tRe 
studeRt aea the stuaeRt's ~arents to iaentifY ~ossiele causes of the haeitual truaecy 
aea develo~ a ~lae to im~lemeet solutions to the ~roelem. If an ieitial meetiRg does 
ROt resolve the ~roblem, the superinteRdent or superintendeRt's aesignee shall 
im~lemeRt intenLeRtioes that eest address the ~roelem. The interveRtions may 
iRclude, eut are not limited to: 
(1) Frequeet communicatioR hetween the teacher aRd the family; 
(2) Changes in the learning enviroRment; 
(3) MeRtoriRg; 
(4) Studeet counseliRg; 
(5) Tutoring, includiRg ~eer tutOriRg; 
(6) Placement into difIereRt classes; 
(7) E .. raluatioR for alternative eaucatioR ~rograms; 
(8) Attenaaece cORtracts; 
(9) Referral to other ageRcies for family services; aRd 
(10) Other iRterveRtioRs, iecluding, but not limitea to, referral to the school 
atteRaaRCe coordinator, studeRt assistance team or dro~out preveRtioe coHlfflittee. 
Failure of the studeRt or the stuaeRt's parents to ap~ear at scheduled meetiegs aoes 
Rot preclude the school adm:iRistrators from imp!emeRtiRg a plae to aadress the 
studeet's habitual truaecy. 
A-I. The principal, upon detennining that a student is truant under subsection 1, 
shall notify the superintendent of the student's truancy within 5 school days of the last 
unexcused absence. 
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A-2. A student who is determined truant under subsection 1 must be referred to the 
school's student assistance team or the school personnel designated by the 
superintendent in accordance with the school administrative unit's intervention 
system under section 4710 to 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 it is 
determined that a negative effect exists, the student assistance team or the school 
personnel designated by the superintendent in accordance with the school 
administrative unit's intervention system under section 4710 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 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 oorreoting the problem informally, the stlperintenaent or 
stlperintenaeat's aesigaee shall require the stuaent ana the stuaent's parents to attena 
one or more meetings '.vith the stuaent's teaoher or other sohool personnel aesigaatea 
by the superintenaent. The purpose of the meetings is to reinferoe the plan aevelopea 
in paragraph A or to aevelofl an alternativ:e plan. The meeting or meetings may 
involve the flresenoe of others, inoluaing, but not limitea to, oase managers, 
therapeutio treatment proviaers ana representatives of the Department of Haman 
Servioes, the Department of Behavioral ana Developmental Servioes ana the 
DepartmeBt of Correotions. The stlperintenaeBt or stlperinteBaent's aesigaee shall 
arrange matually oOBveBieBt meetiBg times. 
B-1. The superintendent shall develop procedures to refer a student who is truant to 
the student assistance team or the school personnel designated by the superintendent 
in accordance with the school administrative unit's intervention system under section 
4710 in accordance with this section. These procedures may include, but are not 
limited to: 
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(1) Identifying school personnel responsible for notifying the student assistance 
team or the school personnel designated by the superintendent in accordance with 
the school administrative unit's intervention system 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 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 intervention plan developed pursuant 
to paragraph A-2. 
C. If the superintendent or superintendent's desigaee intervention plan 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 500l-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 
eJ£plain 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 desigaee 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 s1:ll3erintendent's designee shall schedule at least one meeting as 
required in paragraph B B-1 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 500 I-A. 
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F. When a student is determined habirnally to be truant and in violation of section 
I-A and the student assistance team or the school personnel designated by the 
superintendent in accordance with the school administrative unit's intervention 
system under section 4710 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 
la'i'I enforcement department of the student's truancy. After this notification, a local 
law enforcement officer vAlo sees the truant student may transport the truant student 
to the appropriate school if the truant srndent: 
(1) Is off school grounds during school hours; aHd 
(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 1 st. 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 habirnal truancy; 
(3) Account for actions brought under this section including the number of 
truants reported to the student assistance team or the school personnel designated 
by the superintendent in accordance with the school administrative unit's 
intervention system under section 4710; 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. 17. 20-A MRSA §50S2-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 eleet 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 in the mental health, social welfare or educational system who is 
qualified to carry out the duties in accordance with rules to be established by the State 
Board of Education. 
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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 irregt:llar, interviswing 
the student and the parent or parents or guardian or gt:lardians Interviewing a student 
whose attendance is irregular and meeting with the student and the parents to 
determine the cause of the irregular attendance and fi.l.e 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 
D. Serving as the liaison between the school and the local law enforcement agency in 
matters pertaining to student absenteeism under sections section 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. 
Sec. 18. 20-A MRSA §5053-A, sub-§l, 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. 19. 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. 20. 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 ':/- 10 cumulative full 
days of absences or 5 consecutive school days of absences 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. 21. 20-A MRSA §5054, as enacted by PL 1989, c. 415, §26, is amended to 
read: 
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§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 lli 
subject to the penalty provided in Title 26, section 781. 
Sec. 22. 20-A MRSA §5103, sub-§5, ~A, as amended by PL 2007, c. 667, §7, is 
further amended to read: 
A. The dropout prevention committee shall: 
(1) 
Study the problem of dropouts and habitual truancy and the need for 
alternative education programs, kindergarten to grade 12; 
(2) Make recommendations for addressing the problems; and 
(3) Submit a plan of action to the school board, in accordance with section 4502, 
subsection 5, paragraph L-l. 
Sec. 23. 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. 24. 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 thy minor; 
Sec. 25. 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. 26. 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.' 
SUMMARY 
This amendment strikes and replaces the bill to make the following changes to the 
bill. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "'B" to S.P. 473, L.D. 1503 
1. It strikes the definition of "response to intervention team" and all uses of the term 
from the bill and replaces it with references to a student assistance team or the school 
personnel designated by the superintendent in accordance with the system of intervention 
established by the school administrative unit in accordance with the Maine Revised 
Statutes, Title 20-A, section 4710. 
2. It amends the due process standards proposed for school expulsion proceedings by 
removing the provisions pertaining to a student's right to appeal the decision of the school 
board to the Superior Court within 30 days. 
3. 
It amends provisions regarding school boards' adopting disciplinary policies 
required in current law to require that, in revising the prescribed consequences for 
violation of the student code of conduct pursuant to the Maine Revised Statutes, Title 
20-A, section 1001, subsection 15, paragraph C, a school board consider certain factors in 
revising the districtwide disciplinary policies that are required by current law. 
4. It amends the provision that requires a reentry plan to be developed for a student 
who has been expelled by a school board. The amendment provides that a school board 
may expel the student for a specific time period not to exceed the total number of 
instructional days approved by the school board for the current school year or the school 
board may expel the student and authorize the superintendent to provide the expelled 
student with a reentry plan that does not specify the length of the expUlsion, but instead 
specifies the conditions that must be met in order for the student to be readmitted to 
school after the expulsion. The amendment provides that, in addition to the requirements 
retained from the bill, if a school board authorizes the superintendent to provide the 
expelled student with a reentry plan, the school board shall provide that: 
A. The reentry plan may require the expelled student to take reasonable measures 
determined by the superintendent to be helpful to establish the student's readiness to 
return to school; 
B. The expelled student's parents are responsible for the cost of any professional 
services necessary to establish the student's readiness to return to school under the 
reentry plan, except for the costs of a child with a disability that is, or is subsequently 
determined to be, eligible for a free and appropriate public education in accordance 
with 34 Code of Federal Regulations, Sections 300.530, Paragraph (d) and 300.534, 
Paragraph (d); and 
C. For a child with a disability who is expelled by a school board, the superintendent 
may, as appropriate, notify the student's individualized education program team. 
5. 
It strikes the provision that requires a school board to use suspensions and 
expulsions only as a last resort when taking disciplinary action against a student who has 
violated the school administrative unit's student code of conduct. 
6. It amends the changes to the compulsory school attendance statutes by reducing 
the age threshold under which a child who has not attained high school graduation or 
equivalency is expected to attend secondary school from 20 years of age, as in the bill, to 
years of age. The amendment also makes technical changes to align the changes to the 
age requirements with the exceptions to the compulsory school attendance requirements. 
7. It amends the changes to exceptions to the compulsory attendance statutes by 
clarifying that a student may be excused from compulsory school attendance when each 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "'8 "to S.P. 473, L.D. 1503 
of the requirements under Title 20-A, section 500 I-A, subsection 2, paragraph B are met. 
The amendment also retains the exception to the compulsory attendance statutes that 
provides that one of the requirements that must be met for an exception is that the person 
has been approved by the principal for a suitable program of work and study or training. 
8. 
It strikes the proposed changes to the truancy laws that would have counted 
excused absences, as well as unexcused absences, towards the number of days of 
absences that would determine when a student is truant. 
9. It strikes procedural provisions proposed in the bill and makes technical changes 
to clarify the role of superintendents, principals, attendance coordinators and the student 
assistance team or other systems of intervention established by the school administrative 
unit pertaining to assessing situations of student truancy and developing and 
implementing intervention plans for truant students. 
10. It strikes the provisions in the bill pertaining to the qualifications of school 
attendance coordinators and the provisions that propose to establish that the salary costs 
of attendance coordinators are eligible for state subsidy under the Essential Programs and 
Services Funding Act. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
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Revised: 02/07/12 
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LD 1503 
LR 1629(04) 
An Act To Promote School Attendance and Increase School Achievement 
FiscAl Detail and Notes 
Fiscal Note for Bill as Amended by Committee Amendment "B" ~.- 3'7 t' 
Committee: Education and Cultural Affairs 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Additional costs to the Department of Education associated with rulemaking can be absorbed within existing budgeted 
resources. 
LRI629(04) - Fiscal Note - Page 1 of 1