An Act Expanding Access to Early Postsecondary Education
Maine Legislature, Session 126, LD 1797
Committee: Education and Cultural Affairs
Sponsors: NELSON, LANGLEY, DAUGHTRY, HUBBELL, JOHNSON, KORNFIELD, MAKER, RANKIN
Amends: 20-A MRSA §4771, 20-A MRSA §4772, 20-A MRSA §4772-A, 20-A MRSA §4772-B, 20-A MRSA §4776, 20-A MRSA §8406, 20-A MRSA §13024

Legislative Document 
No. 1797 
H.P. 1289 
House of Representatives, March 4, 2014 
An Act Expanding 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.  (GOVERNOR'S BILL) 
Cosponsored by Senator LANGLEY of Hancock and 
Representatives: DAUGHTRY of Brunswick, HUBBELL of Bar Harbor, JOHNSON of 
Greenville, KORNFIELD of Bangor, MAKER of Calais, McCLELLAN of Raymond, 
RANKIN of Hiram. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  20-A MRSA §4771, as amended by PL 2007, c. 240, Pt. VVV, §1, is 
repealed and the following enacted in its place: 
§4771.  Definitions 
As used in this chapter, unless the context otherwise indicates, the following terms 
have the following meanings. 
1.  Eligible institution.  "Eligible institution" means institutions of the University of 
Maine System, the Maine Community College System and the Maine Maritime 
Academy. 
2.  Secondary school student.  "Secondary school student" means a student who is a 
Maine resident and is: 
A.  Enrolled in a public secondary school; 
B.  Enrolled in an adult education program as defined in section 8601-A, subsection 
1; 
C.  Participating in an approved home instruction program pursuant to section 
5001-A, subsection 3, paragraph A, subparagraph (4); or 
D.  Enrolled in a private school approved for the receipt of public funds pursuant to 
section 2951. 
3.  Semester.  "Semester" means the fall, spring or summer term of an academic year. 
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repealed.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repealed.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; or 
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, unless 
the student has been granted a waiver by the eligible institution. 
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 and 
not more than 1/3 of the students in a course are secondary school students; 
B.  The eligible institution has determined that the student has satisfactorily 
completed all course prerequisites; 
C.  The school administration 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 
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 administration may grant 
academic credit toward a high school diploma to a student who successfully completes a 
course, including an online course, under this chapter.  Prior to the student's enrollment in 
the course, the school administration shall inform the student of the extent to which credit 
will be awarded toward the high school diploma upon successful completion of the 
course. 
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. 
§4775.  Payment; appropriations 
The department shall pay 50% of the in-state tuition for the first 3 6 credit hours 
taken each semester and 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 
amended to read: 
§4776.  Distribution of available funding 
Not more than 10% 5% of the total funding available to the department for 
postsecondary education, either through a direct appropriation for postsecondary 
education under this chapter or as part of the ongoing funds included in the appropriation 
for general purpose aid for local schools, may be used for secondary students to take a 
postsecondary course during the summer term. 
Sec. 7.  20-A MRSA §8406 is enacted to read: 
§8406.  Academic skills testing 
Assessment tests to determine college-level academic skills must be administered at 
an approved site.  A career and technical education center shall provide an approved site 
for the test. 
Sec. 8.  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. 9.  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. 10.  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. 11.  Department of Education directed to establish publicly accessible 
website on early postsecondary education programs.  The Department of 
Education 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. 
SUMMARY 
This bill makes the following changes to the laws regarding early postsecondary 
education programs: 
1.  It clarifies that adult education students, home school students and students from 
private schools are eligible for state subsidy for postsecondary courses as long as those 
students are Maine residents.  It also clarifies that a student who is a Maine resident may 
be eligible if the parents, school administration and postsecondary institution approve; 
2.  It includes online courses in the courses that are eligible for academic credit and 
for which a postsecondary institution must grant full credit to a student who successfully 
completes the course; 
3.  It requires a school administration to inform a student enrolled in a postsecondary 
course of the extent to which high school credit will be granted toward graduation 
requirements for successful completion of the course; 
4.  It limits the number of secondary school students enrolled in a postsecondary 
course to no more than 1/3 of the total number of students enrolled in the course; 
5. It requires the Department of Education to pay 50% of tuition for eligible students 
for up to 6 credit hours per semester, up to a maximum of 12 credit hours for the 
academic year, rather than only the first 3 credit hours taken each semester as in current 
law; 
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 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.