An Act To Expand Access to Early Postsecondary Education
Maine Legislature, Session 126, LD 0963
Committee: Education and Cultural Affairs
Sponsors: NELSON, LANGLEY, JOHNSON, KUSIAK, MAKER, TREAT, CAIN
Amends: 5 MRSA §12004-C, 20-A MRSA §4772, 20-A MRSA §4772-A, 20-A MRSA §4772-B, 20-A MRSA §4777, 20-A MRSA §4776, 20-A MRSA §8406, 20-A MRSA §13024

Legislative Document 
No. 963 
H.P. 677 
House of Representatives, March 12, 2013 
An Act To Expand Access to Early Postsecondary Education 
Reference to the Committee on Education and Cultural Affairs suggested and ordered 
printed. 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative NELSON of Falmouth. 
Cosponsored by Senator LANGLEY of Hancock and 
Representatives: JOHNSON of Greenville, KUSIAK of Fairfield, MacDONALD of Boothbay, 
MAKER of Calais, TREAT of Hallowell, Senators: CAIN of Penobscot, JOHNSON of 
Lincoln. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  5 MRSA §12004-C, sub-§9 is enacted to read: 
9.   
Sec. 2.  20-A MRSA §4772, as amended by PL 2005, c. 519, Pt. XX, §§1 to 3, is 
repealed. 
Sec. 3.  20-A MRSA §4772-A, as amended by PL 2005, c. 519, Pt. XX, §4, is 
repealed. 
Sec. 4.  20-A MRSA §4772-B is enacted to read: 
§4772-B.  Postsecondary courses; student eligibility 
1.  Student eligibility.  A secondary school student may be eligible to receive state 
subsidy for postsecondary courses as specified in section 4775 if all the requirements of 
subsection 2 are satisfied and the student: 
A.  Is enrolled in grade 11 or higher in the student's school administrative unit; 
B.  Maintains a minimum secondary school grade point average of at least 3.0 on a 
scale of 4.0, or the equivalent of a "B" average, as determined by the school 
administrative unit; or 
C.  Has been granted a waiver by the eligible institution. 
For purposes of this subsection, "secondary school student" includes a student enrolled in 
an adult education program as defined in section 8601-A, subsection 1, a student 
receiving a home instruction program eligible for state subsidy pursuant to section 5021, 
subsection 8 or a student at a private school approved for attendance purposes pursuant to 
section 2901. 
2.  Postsecondary courses.  A student that meets the criteria pursuant to subsection 1 
may be eligible to receive state subsidy for postsecondary courses as specified in section 
4775 as long as: 
A.  The eligible institution has space available for the secondary school student; 
B.  The eligible institution has determined that the student has satisfactorily 
completed all course prerequisites; 
C.  The school administrative unit approves; 
D.  The student's parent approves; and 
E.  The student has received a recommendation to take a postsecondary course or 
courses at an eligible institution from the student's school administration or one of the 
Commission on Expanding 
Early Postsecondary Access for 
High School Students 
Legislative Per Diem 
and Expenses 
20-A MRSA §4777
student's secondary school teachers following an assessment of the student by the 
school administration. 
Sec. 5.  20-A MRSA §§4774 and 4775, as enacted by PL 1997, c. 758, §2, are 
amended to read: 
§4774.  Credits 
1.  High school credit.  A school administrative unit may shall grant academic credit 
toward a high school diploma to a student who successfully completes a course, including 
an online course, under this chapter. 
2.  Postsecondary credit.  The eligible institution shall grant full credit to any 
student who successfully completes a course, including an online course, at the eligible 
institution under this chapter.  The course must apply to graduation requirements at the 
eligible institution in which it was taken or be transferable to another eligible institution 
on an equal basis with a course taken by any other student at the eligible institution.  The 
eligible institution must provide parents with information on the extent to which credits 
gained may be transferable to other higher education institutions in the State. 
§4775.  Payment; appropriations 
The department shall pay 50% of the in-state tuition for the first 3 credit hours taken 
each semester up to 12 credit hours per academic year taken by a student eligible under 
section 4772-B at an eligible institution and up to 6 credit hours per academic year.  The 
eligible institution may not make any additional tuition charges for the course those 
courses but may impose fees and charges, other than tuition, that are ordinarily imposed 
on students not covered by this chapter.  The department may pay these fees and charges 
for a high school student eligible for free or reduced-price lunch.  Funds appropriated to 
the department to carry out the purposes of this chapter must be in addition to the 
customary and ongoing amounts appropriated for general purpose aid for local schools. 
Sec. 6.  20-A MRSA §4776, as enacted by PL 2007, c. 240, Pt. VVV, §2, is 
repealed. 
Sec. 7.  20-A MRSA §4777 is enacted to read: 
§4777.  Commission on Expanding Early Postsecondary Access for High School 
Students 
1.  Establishment; composition.  The Commission on Expanding Early 
Postsecondary Access for High School Students, established in Title 5, section 12004-C, 
subsection 9, referred to in this section as "the commission," consists of the following 19 
members: 
A.  Three ex officio members: 
(1)  The commissioner or the commissioner's designee; 
(2)  The Chancellor of the University of Maine System or the chancellor's 
designee; and 
(3)  The President of the Maine Community College System or the president's 
designee; 
B.  Two Senators appointed by the President of the Senate; 
C.  Two members of the House of Representatives appointed by the Speaker of the 
House; and 
D.  The following 12 members, appointed by the Governor: 
(1)  Two representatives of private colleges or universities in the State; 
(2)  Two representatives of private nonprofit organizations that work on 
improving educational opportunities for Maine students; 
(3)  A representative of a statewide organization of student financial aid 
administrators; 
(4)  A representative of a statewide organization for college admissions 
administrators; 
(5)  A representative of a statewide organization of school boards;  
(6)  A representative of a statewide organization of school superintendents; 
(7)  A representative of a statewide organization of administrators of career and 
technical education; 
(8)  A representative of a statewide organization for adult education; 
(9)  A representative of a statewide organization of secondary school principals; 
and 
(10)  A representative of the Maine Education Association. 
2.  Terms; vacancy.  The members of the commission appointed pursuant to 
subsection 1, paragraphs B and C serve 2-year terms concurrently with the legislative 
term.  Members appointed pursuant to subsection 1, paragraph D serve for 3-year terms 
and serve until their successors are appointed.  On the expiration of a term of any member 
appointed pursuant to subsection 1, paragraph D, a successor must be appointed to a 3-
year term.  A member of the commission is eligible for reappointment to the commission.  
A vacancy in the commission does not impair the right of a quorum of members to 
perform the duties of the commission.  In the event of a vacancy occurring in the 
members appointed pursuant to subsection 1, paragraph D, the Governor shall appoint a 
replacement member for the remainder of the unexpired term in the same manner as the 
original appointment was made. 
3.  Duties.  The commission shall develop strategies to expand access to early 
postsecondary opportunities for high school students in the State including: 
A.  Determining the availability of early postsecondary opportunities in the State's 
high schools and the approaches by which early postsecondary opportunities are 
made available to students; 
B.  Promoting and advocating for early postsecondary education programs across the 
State; 
C.  Coordinating cooperation between the secondary education school system and 
higher education communities; 
D.  Serving as a clearinghouse of best practices in early postsecondary education 
programming; 
E.  Supporting research on the effectiveness of early postsecondary education 
programs on student outcomes; and 
F.  Seeking grant funding to support the development and expansion of early 
postsecondary education programs. 
4.  Chair; vice-chair.  The commissioner or the commissioner's designee is the chair 
of the commission.  The commission shall elect from its membership a vice-chair who 
shall serve for a one-year term.  The vice-chair serves until a successor is elected.  The 
chair calls meetings of the commission and presides over meetings.  The vice-chair serves 
as the chair in the absence of the chair. 
5.  Meetings; quorum; subcommittees.  The commission shall meet at least 4 times 
each year.  The chair shall establish meeting agendas.  A quorum of the commission is 10 
members.  The commission may establish subcommittees of no fewer than 3 members. 
6.  Compensation.  Members of the commission appointed pursuant to subsection 1, 
paragraphs B and C are entitled to legislative per diem as allowed under Title 5, section 
12004-C, subsection 9 while engaged in commission activities.  Members of the 
commission appointed pursuant to subsection 1, paragraph D are entitled to receive 
compensation for travel expenses as allowed under Title 5, section 12004-C, subsection 9 
while engaged in commission activities. 
7.  Assistance.  The department shall provide staff support to the commission. 
8.  Annual report.  By January 15th annually, the commission shall submit a report 
of its findings and recommendations to the joint standing committee of the Legislature 
having jurisdiction over education matters. 
Sec. 8.  20-A MRSA §8406 is enacted to read: 
§8406.  Academic skills testing 
A career and technical education center shall serve as a site for the administration of 
assessment tests to determine college-level academic skills. 
Sec. 9.  20-A MRSA §13024, sub-§1, ¶C, as amended by PL 2005, c. 662, Pt. A, 
§38, is further amended to read: 
C.  Personnel employed by or serving the school administrative unit as contracted 
service providers; and 
Sec. 10.  20-A MRSA §13024, sub-§1, ¶D, as repealed and replaced by PL 2005, 
c. 662, Pt. A, §39, is amended to read: 
D.  Personnel for whom certification or authorization is not required prior to being 
hired or being placed under contract by a public school or an intermediate educational 
unit.; and 
Sec. 11.  20-A MRSA §13024, sub-§1, ¶F is enacted to read: 
F.  Personnel employed in a public school as instructors of postsecondary education 
courses pursuant to chapter 208-A that are offered in secondary schools. 
Sec. 12.  Department of Education and Commission on Expanding Early 
Postsecondary Access for High School Students are directed to establish 
publicly accessible website on early postsecondary education programs.  The 
Department of Education and the Commission on Expanding Early Postsecondary Access 
for High School Students, as established in the Maine Revised Statutes, Title 5, section 
12004-C, subsection 9, shall establish and maintain a single publicly accessible website 
that includes information on early postsecondary education programs and research 
regarding those programs as well as hyperlinks to those programs and the research. 
Sec. 13.  Commission on Expanding Early Postsecondary Access for High 
School Students; staggered terms.  Notwithstanding the Maine Revised Statutes 
Title 20-A, section 4777, subsection 2, when appointing original members to the 
Commission on Expanding Early Postsecondary Access for High School Students, the 
Governor shall designate 4 members to serve a one-year term, 4 members to serve a 2-
year term and 4 members to serve a 3-year term. 
SUMMARY 
This bill makes the following changes to the early postsecondary education programs 
statutes: 
1.  It creates a permanent Commission on Expanding Early Postsecondary Access for 
High School Students; 
2.  It clarifies that adult education students, home school students and students from 
private schools are eligible for state subsidy for postsecondary courses.  It also clarifies 
that a student may be eligible if the parents, school administrative unit and postsecondary 
institution approve; 
3.  It requires high schools to grant academic credit for postsecondary courses rather 
than allowing discretion; 
4.  It requires postsecondary institutions to provide information to students on the 
transferability of academic credit between postsecondary institutions; 
5.  It requires the Department of Education to pay 50% of tuition for up to 12 credit 
hours in an academic year rather than only the first 3 credit hours up to a possible 6-
credit-hour maximum; 
6.  It adds instructors of postsecondary education courses that are offered in 
secondary schools to the list of personnel that are subject to the fingerprinting and 
background check requirements; and 
7.  It requires career and technical education centers to serve as sites for the 
administration of assessment tests to determine college-level academic skills. 
The bill also requires the Department of Education and the Commission on 
Expanding Early Postsecondary Access for High School Students to establish and 
maintain a single publicly accessible website with information on early postsecondary 
education programs and research as well as hyperlinks to those programs and the 
research.