An Act To Amend the Laws Governing Students Experiencing Education Disruption
Maine Legislature, Session 126, LD 1096
Committee: Education and Cultural Affairs
Sponsors: LANGLEY
Amends: 20-A MRSA §257, 20-A MRSA §257-A, 20-A MRSA §4722, 20-A MRSA §4722-A, 20-A MRSA §5001-A, 20-A MRSA §5031, 20-A MRSA §5161, 20-A MRSA §6001-B

Legislative Document 
No. 1096 
S.P. 378 
In Senate, March 19, 2013 
An Act To Amend the Laws Governing Students Experiencing 
Education Disruption 
Reference to the Committee on Education and Cultural Affairs suggested and ordered 
printed. 
DAREK M. GRANT 
Secretary of the Senate 
Presented by Senator LANGLEY of Hancock. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  20-A MRSA §257, sub-§4, as enacted by PL 2007, c. 451, §1, is repealed. 
Sec. 2.  20-A MRSA §257-A is enacted to read: 
§257-A.  Department of Education diploma 
The commissioner shall issue a Department of Education diploma to a student who 
qualifies for the diploma pursuant to this section.  A Department of Education diploma 
has the same legal status as a diploma awarded by a school administrative unit. 
1.  Eligibility to apply for diploma.  A student is eligible to apply for a Department 
of Education diploma if that student is unable to satisfy the requirements for a diploma 
from a school administrative unit because the student experienced one or more education 
disruptions, as defined in section 5161, subsection 2-A, during the student's educational 
history. 
2.  Standard for awarding diploma.  The commissioner shall issue a diploma under 
this section only to a student who demonstrates achievement of the content standards of 
the system of learning results established pursuant to section 6209. 
3.  Process.  A student who seeks a Department of Education diploma shall submit an 
application to the commissioner, including such evidence of student achievement and 
other information as is required by the commissioner.  Evidence of student achievement 
may include, but is not limited to, transcripts, waivers, academic reports and school work 
recognition plans.  The commissioner shall form a review team to review evidence of 
student achievement and to make a recommendation to the commissioner on the awarding 
of a diploma under this section.  The commissioner shall make the final determination of 
eligibility for a diploma under this section. 
Sec. 3.  20-A MRSA §4722, sub-§3, as amended by PL 2011, c. 686, §1, is 
further amended to read: 
3.  Satisfactory completion.  A diploma may be awarded to secondary school 
students who have satisfactorily completed all diploma requirements in accordance with 
the academic standards of the school administrative unit and this chapter.  All secondary 
school students must achieve the content standards of the parameters for essential 
instruction and graduation requirements established pursuant to section 6209.  Children 
with disabilities, as defined in section 7001, subsection 1-B, who successfully meet the 
content standards of the parameters for essential instruction and graduation requirements 
in addition to any other diploma requirements applicable to all secondary school students, 
as specified by the goals and objectives of their individualized education plans, may be 
awarded a high school diploma.  Career and technical students may, with the approval of 
the commissioner, satisfy the requirements of subsection 2 through separate or integrated 
study within the career and technical school curriculum, including through courses 
provided pursuant to section 8402 or 8451-A. 
Students who experience education disruption, as defined in section 5001-A, subsection 
4, paragraph F, who successfully demonstrate achievement of the content standards of the 
parameters for essential instruction and graduation requirements in addition to any other 
diploma requirements applicable to secondary school students as set forth in their school 
work recognition plans as defined in section 5161, subsection 6 must, with the approval 
of the commissioner, be awarded a Department of Education diploma as defined in 
section 5161, subsection 2. 
Sec. 4.  20-A MRSA §4722-A, sub-§3, ¶C, as enacted by PL 2011, c. 669, §7, is 
repealed. 
Sec. 5.  20-A MRSA §5001-A, sub-§4, ¶F, as enacted by PL 2007, c. 451, §5, is 
repealed and the following enacted in its place: 
F.  Absence due to education disruption as defined in section 5161, subsection 2-A. 
Sec. 6.  20-A MRSA §5031, sub-§1, ¶C, as enacted by PL 2011, c. 614, §12, is 
amended to read: 
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 257-A; 
(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. 
Sec. 7.  20-A MRSA §5161, sub-§1-A is enacted to read: 
1-A.  Academic programming agreement.  "Academic programming agreement" 
means an agreement between an interim program and a responsible school through which 
the responsible school agrees to accept the academic programming, credits and 
documentation of achievement of standards completed by a student in the interim 
program. 
Sec. 8.  20-A MRSA §5161, sub-§2, as enacted by PL 2007, c. 451, §6, is 
repealed and the following enacted in its place: 
2.  Department of Education diploma.  "Department of Education diploma" means 
a diploma awarded under section 257-A. 
Sec. 9.  20-A MRSA §5161, sub-§2-A is enacted to read: 
2-A.  Education disruption.  "Education disruption" means disruption of the 
educational program of an elementary or secondary school student as a result of: 
A.  Absence for 10 or more consecutive school days due to placement in an interim 
program; or 
B.  Enrollment in 3 or more schools or educational programs in a single school year. 
"Education disruption" does not include an absence for 10 or more consecutive school 
days as a result of a planned absence for a reason such as a family event or a medical 
absence for a planned hospitalization or recovery or pursuant to a superintendent's 
determination developed in accordance with section 5205, subsection 2. 
Sec. 10.  20-A MRSA §5161, sub-§3-A is enacted to read: 
3-A.  Interim program.  "Interim program" means: 
A.  A youth development center; 
B.  A hospital or other facility for the purpose of unplanned medical or psychiatric 
treatment; or 
C.  Any other program or school approved by the department, except a program or 
school in which a student is placed pursuant to an individual education plan or a 
superintendent transfer under section 5205. 
Sec. 11.  20-A MRSA §5161, sub-§5-A is enacted to read: 
5-A.  Responsible school.  "Responsible school" means the school responsible for 
developing or updating a school work recognition plan. 
Sec. 12.  20-A MRSA §5161, sub-§6, as enacted by PL 2007, c. 451, §6, is 
repealed and the following enacted in its place: 
6.  School work recognition plan.  "School work recognition plan" means a written 
plan that outlines how a student who is experiencing, or who has experienced, an 
education disruption will make and demonstrate progress toward achievement of learning 
results. 
Sec. 13.  20-A MRSA §5161, sub-§9, as enacted by PL 2007, c. 451, §6, is 
repealed. 
Sec. 14.  20-A MRSA §5161, sub-§10 is enacted to read: 
10.  Student.  "Student" means an elementary school or secondary school student. 
Sec. 15.  20-A MRSA §§5163 and 5164 are enacted to read: 
§5163.  Continuing educational progress during and after education disruption 
1.  Education disruption due to interim program placement.  The responsible 
school at the time a student is placed in an interim program shall: 
A.  Within 5 school days of becoming aware of the placement: 
(1)  Make available to the student individual educational materials such as 
curricula and assignments designed to enable the student to continue the student's 
educational programming; or 
(2)  Sign an academic programming agreement; and 
B.  Within 10 days of becoming aware of the placement, work with the student, the 
parent or guardian and others such as juvenile community corrections officers and 
community case managers to develop or update a school work recognition plan for 
the student. 
2.  Responsibility after placement.  The responsible school for a student who is 
returning to educational programming following placement in an interim program shall: 
A.  If the responsible school is the same school as the school that was responsible 
during the placement, update the school work recognition plan at the time of return to 
educational programming to reflect the actual educational experiences, achievement 
and credit or recognition granted to the student by the interim program or by the 
responsible school pursuant to an academic programming agreement; or 
B.  If the responsible school is a different school from the school that was responsible 
during the placement, review the student's records and the school work recognition 
plan developed and updated during the placement and update it to reflect the actual 
educational experiences, achievement and credit or recognition granted to the student 
by the placement or by the responsible school pursuant to an academic programming 
agreement. 
3.  Education disruption due to multiple transfers.  The responsible school at the 
time of a 3rd or subsequent educational enrollment in a school year shall: 
A.  Within 10 school days of the school's or program's becoming aware that the 
student is enrolling in the 3rd school or program in a school year, work with the 
student, parent or guardian and staff of other schools and programs in which the 
student participated to develop or update a school work recognition plan; and 
B.  Compile for the student the credits or other recognition received by the student to 
date, identify gaps between that compilation and the credits or recognition typically 
earned by the student's peers and identify options for the student to close those gaps, 
if possible. 
4.  Staff assistance.  For every student who experiences education disruption due to 
placement in an interim program, professional staff in the responsible school must be 
assigned to ensure the complete transfer of all records, grades and credits and all 
academic material, including an academic programming agreement, if applicable, from 
the interim program in which the student was placed to the responsible school no later 
than 5 school days after the student enrolls in the responsible school. 
5.  Identification of responsible school.  For purposes of implementing this section: 
A.  The responsible school for a student at the time the student enters an interim 
program is the school in which the student is enrolled at the time of entrance to the 
interim program.  If the student is not enrolled at the time of entrance to the interim 
program, the responsible school is the one in which the student would be enrolled 
pursuant to chapter 213; 
B.  The responsible school for a student during the placement is the same as the 
school described in paragraph A; 
C.  The responsible school for a student at the time the student returns to regular 
educational programming following placement is the school in which the student is 
enrolled or is entitled to be enrolled; and 
D.  The responsible school for a student who enrolls in a 3rd or subsequent 
educational program in a single school year is the school in which the student enrolls. 
§5164.  Planning for graduation 
If the student who experiences education disruption is between 16 years of age and 
years of age, the school work recognition plan developed or updated following the 
education disruption must include a description of what the student must do in order to 
qualify to graduate with the student's peers or within a reasonable time thereafter. 
If it is determined by the responsible school and the student that the student cannot 
meet the school's requirements for graduation, the responsible school shall provide the 
student information about applying for a Department of Education diploma and shall 
assist the student in making the application. 
Sec. 16.  20-A MRSA §6001-B, sub-§1, as amended by PL 2007, c. 451, §7, is 
further amended to read: 
1.  Education records must follow students who transfer.  Education records must 
follow students who transfer to a school in another school administrative unit in the State.  
The education records of students who transfer from educational programs or schools for 
juveniles located in or operated by correctional facilities or out-of-state schools are also 
subject to this requirement.  For a student who experiences education disruption is placed 
in an interim program, as defined in section 5161, subsection 9 3-A, the sending 
responsible school pursuant to section 5163 shall send or electronically transfer pertinent 
records, including but not limited to academic and health information records, to the 
receiving school or educational interim program no later than 5 school days after 
becoming aware that the student enrolls in the receiving school or educational has entered 
the interim program. 
SUMMARY 
This bill makes the following changes to the laws governing students who experience 
an education disruption. 
1.  It sets out the process for the Department of Education to follow in awarding a 
Department of Education diploma to a student who has experienced an education 
disruption. 
2.  It describes the responsibilities of the schools and interim programs with respect to 
the education of a student who experiences an education disruption including 
responsibilities when multiple disruptions occur.