An Act To Ensure Consistent Certification of Graduation Standards in Publicly Funded Secondary Schools
Maine Legislature, Session 127, LD 0003
Committee: Education and Cultural Affairs
Sponsors: HUBBELL
Amends: 20-A MRSA §6202, 20-A MRSA §6209

Legislative Document 
No. 3 
H.P. 6 
House of Representatives, January 7, 2015 
An Act To Ensure Consistent Certification of Graduation Standards 
in Publicly Funded Secondary Schools 
(EMERGENCY) 
Reference to the Committee on Education and Cultural Affairs suggested and ordered 
printed. 
ROBERT B. HUNT 
Clerk 
Presented by Representative HUBBELL of Bar Harbor. 
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, beginning January 1, 2017, public schools and private schools that enroll 
at least 60% publicly funded students must implement curricula designed to enable 
students to demonstrate proficiency in certain areas to award diplomas indicating 
graduation; and 
Whereas, public charter schools are not currently required to implement curricula 
designed to enable students to demonstrate proficiency in certain areas to award diplomas 
indicating graduation; and 
Whereas, public charter schools are publicly funded alternatives to public schools 
and private schools that enroll at least 60% publicly funded students; and 
Whereas, all publicly funded schools should implement curricula designed to enable 
students to demonstrate the proficiencies necessary to receive a diploma indicating 
graduation from a secondary school; and 
Whereas, secondary schools require the greatest amount of advance notice of 
applicable requirements to develop curricula to enable students to demonstrate the 
proficiencies necessary to receive a diploma indicating graduation from a secondary 
school; and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore, 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  20-A MRSA §6202, first ¶, as amended by PL 2009, c. 313, §20, is 
further amended to read: 
The commissioner shall establish a statewide assessment program to measure and 
evaluate on a continuing basis the academic achievements of students in grades 3 to 12 on 
the accountability standards set forth in section 6209 and in department rules 
implementing that section and other curricular requirements.  The commissioner may 
elect to provide for the use of alternative measures of student achievement in grades 9 to 
12.  This assessment applies to students in the public elementary and secondary schools, 
in public charter schools, as that term is defined in section 2401, subsection 9, and in all 
private schools approved for tuition whose school enrollments include at least 60% 
publicly funded students, as determined by the previous school year's October and April 
average enrollment.  The assessment program must be adapted to meet the needs of 
children with disabilities as defined in section 7001, subsection 1-A or other students as 
defined under rules by the commissioner. 
Sec. 2.  20-A MRSA §6209, first ¶, as amended by PL 2009, c. 647, §1, is further 
amended to read: 
The department in consultation with the state board shall establish and implement a 
comprehensive, statewide system of learning results, which may include a core of 
standards in English language arts and mathematics for kindergarten to grade 12 
established in common with the other states, as set forth in this section and in department 
rules implementing this section and other curricular requirements. The department must 
establish accountability standards at all grade levels in the areas of mathematics; reading; 
and science and technology. The department shall establish parameters for essential 
instruction and graduation requirements in English language arts; mathematics; science 
and technology; social studies; career and education development; visual and performing 
arts; health, physical education and wellness; and world languages.  Only students in a 
public school, a public charter school as defined in section 2401, subsection 9 or a private 
school approved for tuition that enrolls at least 60% publicly funded students, as 
determined by the previous school year's October and April average enrollment, are 
required to participate in the system of learning results set forth in this section and in 
department rules implementing this section and other curricular requirements.  The 
commissioner shall develop accommodation provisions for instances where course 
content conflicts with sincerely held religious beliefs and practices of a student's parent or 
guardian.  The system must be adapted to accommodate children with disabilities as 
defined in section 7001, subsection 1-A 1-B. 
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
SUMMARY 
This bill makes demonstrated proficiency in the system of learning results a 
requirement for the award of a diploma indicating graduation from a public charter 
school, in order to match the requirements for public schools and private schools 
approved for tuition that enroll at least 60% publicly funded students.  This bill also 
makes the statewide assessment program required under the Maine Revised Statutes, Title 
20-A, section 6202 applicable to public charter schools.