An Act To Amend the Laws Governing High School Graduation Requirements
Maine Legislature, Session 127, LD 1386
Committee: Education and Cultural Affairs
Sponsors: KORNFIELD, DAUGHTRY, FOWLE, MASTRACCIO, PIERCE, SCHNECK, TIPPING-SPITZ, MILLETT
Amends: 20-A MRSA §253, 20-A MRSA §4502, 20-A MRSA §4704, 20-A MRSA §4705, 20-A MRSA §4721, 20-A MRSA §4722, 20-A MRSA §4722-A, 20-A MRSA §6209

Legislative Document 
No. 1386 
H.P. 940 
House of Representatives, May 6, 2015 
An Act To Amend the Laws Governing High School Graduation 
Requirements 
Reference to the Committee on Education and Cultural Affairs suggested and ordered 
printed. 
ROBERT B. HUNT 
Clerk 
Presented by Representative KORNFIELD of Bangor. 
Cosponsored by Representatives: DAUGHTRY of Brunswick, FOWLE of Vassalboro, 
MASTRACCIO of Sanford, PIERCE of Falmouth, SCHNECK of Bangor, TIPPING-SPITZ of 
Orono, Senator: MILLETT of Cumberland. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  20-A MRSA §253, sub-§9, as enacted by PL 2011, c. 669, §1, is amended 
to read: 
9.  Transition to standards-based educational system.  In order to facilitate the 
transformation of the public education system to one in which standards are used to guide 
curriculum and instruction and in which student advancement and graduation are based 
on student completion of credit-bearing course work and student demonstration of 
proficiency in meeting educational standards, the commissioner may waive or alter any 
provision of this Title as specified in an approved plan for transitioning to proficiency-
based graduation in accordance with section 4722-A as the provision pertains to requiring 
or prohibiting an action based on the age or grade level of a student.  This authority 
applies to all age-based or grade-based requirements, except that the commissioner may 
not waive or alter: 
A.  Requirements imposed by federal law, or imposed by state law in order to comply 
with federal law, including but not limited to requirements relating to assessment and 
special education; 
B.  Compulsory attendance and eligibility to enroll standards; 
C.  Provisions relating to public funding, including tuition rates; 
D.  Health-related provisions, if advised by health professionals not to alter the 
requirements; and 
E.  Provisions of this Title that are not administered by the commissioner, including 
but not limited to certain provisions relating to institutions of higher education. 
The commissioner shall adopt or amend rules to implement this subsection.  Rules 
adopted pursuant to this subsection before July 1, 2013 are routine technical rules 
pursuant to Title 5, chapter 375, subchapter 2-A.  Beginning July 1, 2013, rules adopted 
or amended by the commissioner pursuant to this subsection are major substantive rules 
pursuant to Title 5, chapter 375, subchapter 2-A. 
Sec. 2.  20-A MRSA §4502, sub-§1, as amended by PL 2011, c. 669, §3, is 
further amended to read: 
1.  General requirements.  Elementary and secondary schools and school 
administrative units, including an educational program or school located in or operated by 
a juvenile correctional facility, shall meet all requirements of the system of learning 
results as established in section 6209 as well as other requirements of this Title and other 
statutory requirements applicable to the public schools and basic school approval 
standards.  Each school administrative unit shall prepare and implement a comprehensive 
education plan that is aligned with the system of learning results, focused on the learning 
of all students and oriented to continuous improvement.  The comprehensive education 
plan must include a plan for transitioning to a blended system of graduation requirements 
based on accumulating academic credits for the successful completion of courses required 
for graduation in accordance with section 4722 and student demonstration of proficiency 
in meeting educational standards of proficiency-based graduation in accordance with 
section 4722-A.  This plan must also address all other plans required by the department. 
Sec. 3.  20-A MRSA §4502, sub-§8, ¶B, as enacted by PL 2011, c. 669, §5, is 
amended to read: 
B.  A request to waive the requirement for a transition plan to a blended system of 
graduation requirements based on accumulating academic credits for the successful 
completion of courses required for graduation in accordance with section 4722 and 
student demonstration of proficiency in meeting educational standards of proficiency-
based graduation in accordance with section 4722-A by January 1, 2017 must include 
specific information about the reason for the waiver request and a date by which the 
proficiency-based graduation requirement will be met. Any waiver granted by the 
commissioner under this paragraph must require an annual report to the 
commissioner on the school administrative unit's progress toward meeting the 
requirements of section sections 4722 and 4722-A.  This paragraph is repealed July 1, 
2020. 
Sec. 4.  20-A MRSA §4704, as amended by PL 2001, c. 454, §18, is further 
amended to read: 
§4704.  Courses prescribed by the commissioner 
The commissioner shall prescribe by rule the basic courses of study that are in 
alignment with the system of learning results as established in section 6209 for the 
elementary and secondary schools, consistent with the requirements of this chapter, and 
may shall include minimum time requirements and performance standards. 
Sec. 5.  20-A MRSA §4705, as enacted by PL 1983, c. 859, Pt. C, §§5 and 7, is 
amended to read: 
§4705.  Courses prescribed by local boards 
The school board of each school administrative unit may shall prescribe instructional 
requirements in addition to minimum state requirements, subject to approval by the 
commissioner. 
Sec. 6.  20-A MRSA §4721, as repealed and replaced by PL 2009, c. 313, §13, is 
amended to read: 
§4721.  General requirement 
1.  Comprehensive program of instruction.  A secondary school shall provide a 
comprehensive program of instruction of at least 2 years in length, which must include 
credit-bearing courses and meet the requirements of this chapter and the parameters for 
essential instruction and graduation requirements established under section 6209.  The 
program must include instruction for all students in career and education development, 
English language arts, health education and physical education, mathematics, science and 
technology, social studies, visual and performing arts and world languages. 
2.  Secondary school organization and delivery of instruction.  A secondary 
school shall provide a blended structure that allows for student achievement of the 
parameters for essential instruction and graduation requirements established under section 
6209 in multiple pathways as set out under section 4703. 
Sec. 7.  20-A MRSA §4722, as amended by PL 2013, c. 439, §3, is further 
amended to read: 
§4722.  High school diploma standards 
A secondary school shall provide a comprehensive program of instruction leading to 
a high school diploma as set out in section 4721.  The commissioner shall develop adopt 
or amend rules for the transition between the requirements of this section and the 
parameters for essential instruction and graduation requirements established under section 
6209. 
1.  Minimum instructional requirements. A comprehensive program of instruction 
must include a minimum 4-year program that meets the curriculum requirements 
established by this chapter and any other instructional requirements established by the 
commissioner and the school board. 
1-A.  Credit-bearing course work.  Beginning in the 2016-2017 school year, 
diplomas must be awarded to students who meet the curriculum and instructional 
requirements established in this subsection.  School boards shall adopt policies that phase 
in the requirements of this subsection.  A total of at least 20 academic credits and the 
demonstration of proficiency in meeting state standards in at least 2 content areas of the 
system of learning results established under section 6209 are required for the awarding of 
a diploma.  Academic credit may be awarded to students enrolled in grades 9 to 12.  For 
the purposes of this subsection, "academic credit" means credit awarded for the 
successful completion of a course of instruction plus assigned credit-bearing course work 
for a semester of study with most courses taking place over 2 semesters during a school 
year. 
2.  Required subjects. Courses in the following subjects shall must be provided in 
separate or integrated study programs to all students and are required for a high school 
diploma: 
A.  English--4 years; 
B.  Social studies and history, including American history, government, civics and 
personal finance--2 years; 
C.  Mathematics--2 years; 
D.  Science, including at least one year of laboratory study--2 years; and 
E.  Fine arts, which may include art, music, forensics or drama--one year. 
2-A.  Implementation of multiple pathways and opportunities.  Students may 
demonstrate achievement of the standards through multiple pathways as set out under 
section 4703 and multiple opportunities.  Achievement may be demonstrated or academic 
credits earned by evidence documented by course and learning experiences using 
multiple measures, such as, but not limited to, examinations, quizzes, portfolios, 
performances, exhibitions, projects and community service. 
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 the accumulation of 
academic credits under 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. 
4.  Exception.  A secondary school student who has satisfactorily completed the 
freshman year in an accredited degree-granting institution of higher education or a 
secondary school student who has satisfactorily completed the junior and senior years in a 
dual enrollment career and technical education program formed pursuant to chapter 229 
may be eligible to receive a high school diploma from the secondary school the student 
last attended, although the student may not meet the graduation requirements of this Title. 
5.  Advanced study. Nothing in this chapter may prevent the award of a diploma to a 
student who has completed all diploma requirements in fewer than 4 years of study. 
6.  Exception for certain veterans.  A secondary school may award a high school 
diploma to a person who meets all of the following requirements.  A diploma may be 
awarded posthumously. 
A.  The person or the person's family must apply to the secondary school for the 
diploma. 
B.  The person must either: 
(1)  Have attended the secondary school or attended a secondary school in the 
geographic area now served by the secondary school; or 
(2)  Currently reside in the geographic area served by the secondary school. 
C.  The person must have left secondary school: 
(1)  Before or during World War II to serve in the Armed Forces during World 
War II;  
(2)  Before or during the Korean Conflict to serve in the Armed Forces in the 
Korean Conflict;  
(3)  Before or during the Vietnam War to serve in the Armed Forces during the 
Vietnam War era.  For purposes of this subparagraph, "Vietnam War era" means 
the period beginning February 28, 1961 and ending May 7, 1975; or 
(4)  To serve in the Armed Forces during the period of wartime or peacetime 
after a period of wartime described in subparagraph (1), (2) or (3). 
D.  The person did not graduate or receive a high school diploma because of service 
in the Armed Forces. 
E.  The person received an honorable discharge or a certificate of honorable service 
from the Armed Forces. 
For purposes of this subsection, "Armed Forces" means the Army, Navy, Air Force, 
Marine Corps or Coast Guard; and the Merchant Marines only for the period of 
December 7, 1941 to August 16, 1945. 
7.  Applicability of requirements; transition to proficiency-based diploma.  
Except as provided in section 4722-A, this section applies to the granting of diplomas to 
secondary school students before January 1, 2017. 
8.  Repeal.  This section is repealed July 1, 2020. 
Sec. 8.  20-A MRSA §4722-A, as amended by PL 2013, c. 439, §4, is further 
amended to read: 
§4722-A.  Proficiency-based diploma standards 
Beginning January 1, 2017, a diploma indicating graduation from a secondary school 
must be based on student accumulation of academic credits documenting the successful 
completion of courses pursuant to section 4722 and student demonstration of proficiency 
as described in this section.  The commissioner may permit a school administrative unit 
to award diplomas under this section prior to January 1, 2017 if the commissioner finds 
that the unit's plan for awarding diplomas meets the criteria for proficiency-based 
graduation under this section. 
1.  Requirements for award of diploma.  In order to receive a diploma indicating 
graduation from secondary school, a student must: 
A.  Demonstrate that the student engaged in educational experiences relating to 
English language arts, mathematics and science and technology in each year of the 
student's secondary schooling; 
B.  Demonstrate proficiency in meeting state standards in all at least 2 content areas 
of the system of learning results established under section 6209; 
C.  Demonstrate proficiency in each of the guiding principles set forth in department 
rules governing implementation of the system of learning results established pursuant 
to section 6209; and 
D.  Meet any other requirements specified by the governing body of the school 
administrative unit attended by the student. 
2.  Method of gaining and demonstrating proficiency.  Students must be allowed 
to gain proficiency through multiple pathways, as described in section 4703, and must be 
allowed to demonstrate proficiency by presenting multiple types of evidence, including 
but not limited to teacher-designed or student-designed assessments, portfolios, 
performance, exhibitions, projects and community service. 
3.  Exceptions.  Notwithstanding subsection 1, a student may be awarded a diploma 
indicating graduation from a secondary school in the following circumstances. 
A.  A child with a disability, as defined in section 7001, subsection 1-B, who 
achieves proficiency as required in subsection 1, as specified by the goals and 
objectives of the child's individualized education plan, may be awarded a high school 
diploma. 
B.  A student who has satisfactorily completed the freshman year in an accredited 
degree-granting institution of higher education may be eligible to receive a high 
school diploma from the school the student last attended. 
B-1.  A student who has satisfactorily completed the junior and senior years in a dual 
enrollment career and technical education program formed pursuant to chapter 229 
and who successfully demonstrates proficiency as required in subsection 1 may be 
eligible to receive a high school diploma from the secondary school the student last 
attended. 
D.  A school administrative unit may award a high school diploma to a student who 
has met the standards set forth in a waiver request that was approved by the 
commissioner pursuant to section 4502, subsection 8. 
E.  A person may be awarded a high school diploma, including a posthumous award, 
if the person or a family member of the person applies to a secondary school and: 
(1)  The person: 
(a)  Attended a secondary school in the geographic area now served by the 
secondary school from which a diploma is requested; or 
(b)  Resides at the time of application for a diploma in the geographic area 
served by the secondary school from which a diploma is requested; 
(2)  The person did not graduate or receive a diploma from a secondary school 
because the person left secondary school to serve in the Armed Forces and served 
during the following periods: 
(a)  World War II, from December 7, 1941 to August 16, 1945; 
(b)  The Korean Conflict; 
(c)  The Vietnam War era, from February 28, 1961 to May 7, 1975;  or 
(d) The period of wartime or peacetime after a period of wartime described in 
division (a), (b) or (c); and 
(3)  The person received an honorable discharge or a certificate of honorable 
service from the Armed Forces. 
For the purposes of this paragraph, "Armed Forces" means the United States Army, 
Navy, Air Force, Marine Corps, Coast Guard and the Merchant Marines. 
4.  Grants; contingent extension of full implementation.  During the period of 
transition to proficiency-based graduation and endorsements in accordance with this 
section, the department, if funds are available, shall make annual transition grants to each 
school administrative unit equal to 1/10 of 1% of the school administrative unit's total 
cost of education calculated under section 15688, subsection 1 to be used in the manner 
determined by the school administrative unit to fund the costs of the transition not 
otherwise subsidized by the State.  The date for implementation of the awarding of 
diplomas or endorsements based on student demonstration of proficiency as described in 
this section is extended one year for each year for which transition grants are not made 
available to a school administrative unit or for which levels of general purpose aid for 
local schools fall below school year 2012-2013 levels. 
Sec. 9.  20-A MRSA §4722-A, sub-§§5 and 6 are enacted to read: 
5.  Endorsement of content area proficiency.  A school administrative unit shall 
award an endorsement of content area proficiency to a student who has demonstrated 
proficiency in a content area of the system of learning results established under section 
6209.  An endorsement of content area proficiency must be included in the student's 
academic transcript as an official credential of academic achievement of content area 
proficiency.  A school administrative unit may report its issuance of endorsements of 
content area proficiency to the department, and the department may collect and aggregate 
these data as evidence of intermediate progress towards goals established for high school 
graduation and endorsement of content area proficiency. 
6.  Academic transcript.  An academic transcript is the official record of student 
performance in high school, including grades documenting academic achievement in 
credit-bearing courses, academic credits awarded for successful completion of courses 
required for a diploma and endorsements of content area proficiency awarded for 
demonstration of proficiency in content areas of the system of learning results established 
under section 6209. 
Sec. 10.  20-A MRSA §6209, sub-§2, as amended by PL 2007, c. 259, §5, is 
further amended to read: 
2.  Parameters for essential instruction and graduation requirements.  Each 
student shall study and accumulate academic credits upon the successful completion of 
courses required for a diploma and shall achieve endorsements for proficiency in the 
content areas of: 
A.  Career and education development; 
B.  English language arts; 
C.  World languages; 
D.  Health, physical education and wellness; 
E.  Mathematics; 
F.  Science and technology; 
G.  Social studies; and 
H.  Visual and performing arts. 
In accordance with section 4722, a diploma must be awarded to each student who has 
accumulated at least 20 academic credits documenting the successful completion of 
courses aligned with this section, who has demonstrated proficiency in meeting state 
standards in at least 2 content areas and who has satisfactorily completed all graduation 
requirements prescribed by the commissioner and the school board of the school 
administrative unit pursuant to chapter 207-A.  An endorsement for content area 
proficiency must be awarded to a student who has demonstrated proficiency in a content 
area. 
Sec. 11.  Rules.  The Department of Education shall provisionally adopt or amend 
rules established pursuant to the Maine Revised Statutes, Title 20-A, section 253, 
subsection 9 no later than December 31, 2015 in order to align the awarding of diplomas 
with the provisions adopted or amended by this Act beginning with the 2016-2017 school 
year. 
SUMMARY 
This bill amends the current education statutes related to requirements for awarding a 
high school diploma to establish a blended system of graduation requirements that 
provides that a diploma indicating graduation from a secondary school must be awarded 
to students who accumulate at least 20 academic credits documenting the successful 
completion of courses and demonstrate proficiency in meeting state standards in at least 2 
content areas of the system of learning results established under the Maine Revised 
Statutes, Title 20-A, section 6209.  The bill also provides that a school administrative unit 
may award an endorsement of content area proficiency to a student who has demonstrated 
proficiency in a content area of the system of learning results.  This bill accomplishes the 
following. 
1.  It amends the basic school approval standards that guide curriculum and 
instruction and promote student advancement and graduation to include language for 
transitioning to the blended system.  Specifically, it provides that a school administrative 
unit's comprehensive education plan must include a plan for transitioning to the blended 
system. 
2.  It provides that, beginning in the 2016-2017 school year, diplomas must be 
awarded to students who meet the new curriculum and instructional requirements 
established for secondary schools and school boards must adopt policies to phase in these 
new requirements. 
3.  It strikes the provision that would repeal, on July 1, 2020, the standards for 
awarding high school diplomas to secondary school students who successfully complete 
courses required for graduation in accordance with Title 20-A, section 4722, thus 
providing that these standards will continue to apply as part of the blended system. 
4.  It removes the requirement that a diploma indicating graduation from a secondary 
school on or after January 1, 2017 must be based on student demonstration of proficiency 
in all content areas established under the system of learning results and instead provides 
that a diploma indicating graduation must be based on student demonstration of 
proficiency in at least 2 content areas established under the system of learning results. 
5.  It provides that an endorsement of content area proficiency must be included in a 
student's academic transcript as an official credential of academic achievement of content 
area proficiency. 
6.  It directs the Department of Education to adopt or amend rules pursuant to Title 
20-A, section 253, subsection 9 by December 31, 2015 in order to implement the new 
blended system beginning with the 2016-2017 school year.