An Act To Amend Maine's Truancy Laws by Specifying Penalties for Noncompliance
Maine Legislature, Session 128, LD 1234
Committee: Education and Cultural Affairs
Sponsors: GERRISH, MAKER, HIGGINS, O'CONNOR, SAMPSON, STEARNS, STEWART
Amends: 20-A MRSA §1055, 20-A MRSA §5001-A, 20-A MRSA §5051-A, 20-A MRSA §5053-A, 20-A MRSA §8605

Legislative Document
No. 1234
H.P. 857
House of Representatives, March 30, 2017
An Act To Amend Maine's Truancy Laws by Specifying Penalties 
for Noncompliance
Reference to the Committee on Education and Cultural Affairs suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative GERRISH of Lebanon.
Cosponsored by Senator MAKER of Washington and
Representatives: HIGGINS of Dover-Foxcroft, O'CONNOR of Berwick, SAMPSON of 
Alfred, STEARNS of Guilford, STEWART of Presque Isle.
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  20-A MRSA §1055, sub-§12, as amended by PL 2003, c. 205, §7, is 
further amended to read: 
12.  Reintegration team.  Within 10 days after receiving information from the 
Department of Corrections pursuant to Title 15, section 3009, the superintendent shall 
convene a reintegration team to carry out reintegration planning pursuant to section 254, 
subsection 12.  The reintegration team must consist of the administrator of the school or 
the administrator's designee; at least one classroom teacher to whom the student will be 
assigned or who is involved in the school's student assistance intervention team; a parent, 
guardian or custodian of the student; and a guidance counselor.  The reintegration team is 
entitled to receive the information described in Title 15, section 3308, subsection 7, 
paragraph B-1, subparagraph (3) and Title 34-A, section 1216, subsection 1, paragraph F.  
The reintegration team shall also determine, on the basis of need, which school 
employees may receive that information. 
Confidentiality of the criminal justice information regarding juveniles must be ensured at 
all times and the information may be released by a member of the reintegration team only 
under the conditions of this subsection.  The superintendent shall ensure that 
confidentiality training is provided to all school employees who have access to the 
information. 
Sec. 2.  20-A MRSA §5001-A, sub-§1, as enacted by PL 1983, c. 806, §49, is 
amended to read: 
1.  Requirement.  Persons 7 6 years of age or older and under 17 18 years shall 
attend a public day school during the time it is in regular session. 
Sec. 3.  20-A MRSA §5001-A, sub-§2, ¶B, as amended by PL 2009, c. 330, §1, 
is further amended to read: 
B.  A person who has: 
(1)  Reached the age of 15 17 years or completed the 9th 11th grade; 
(2)  Permission to leave school from that person's parent; 
(3)  Been approved by the principal for a suitable program of work and study or 
training; 
(4)  Permission to leave school from the school board or its designee; and 
(5)  Agreed in writing with that person's parent and the school board or its 
designee to meet annually until that person's 17th 18th birthday to review that 
person's educational needs. When the request to be excused from school has been 
denied pursuant to this paragraph, the student's parent may appeal to the 
commissioner;  
Sec. 4.  20-A MRSA §5001-A, sub-§5, as amended by PL 1989, c. 415, §15, is 
further amended to read: 
5.  Adult responsibility.  An adult having a person of compulsory school age under 
that adult's control shall cause the person to attend school as provided in this section and 
is subject to the truancy penalties under section 5053-A for noncompliance. 
Sec. 5.  20-A MRSA §5051-A, sub-§1, ¶B, as amended by PL 2007, c. 304, §5, 
is further amended to read: 
B.  Has completed grade 6 and has the equivalent of 10 full days of unexcused 
absences or 7 consecutive school days of unexcused absences during a school year or 
unexcused absences by the 60th day of the school year; or 
Sec. 6.  20-A MRSA §5051-A, sub-§2, ¶A-2, as enacted by PL 2011, c. 614, 
§13, is amended to read: 
A-2.  A student who is determined truant under subsection 1 must be referred to the 
school's student assistance intervention team or the school personnel designated by 
the superintendent in accordance with the school administrative unit's intervention 
system under section 4710 to determine the cause of the truancy and assess the effect 
of the student's absences, as well as any future absences for the student.  If it is 
determined that a negative effect exists, the student assistance intervention team or 
the school personnel designated by the superintendent in accordance with the school 
administrative unit's intervention system under section 4710 shall develop an 
intervention plan to address the student's absences and the negative effect of these 
absences.  An intervention plan may include, but is not limited to: 
(1)  Frequent communication between the teacher and the family; 
(2)  Changes in the learning environment, including placement to different 
classes or multiple pathways as described under section 4703; 
(3)  Mentoring; 
(4)  Student counseling; 
(5)  Tutoring, including peer tutoring; 
(6)  Placement into different classes Peer mediation with guidance counselors; 
(7)  Consideration of multiple pathways as described under section 4703; 
(8)  Attendance contracts; 
(9)  Referral to other agencies for family services; and 
(10)  Other interventions, including, but not limited to, referral to the school 
attendance coordinator, student assistance intervention team or, dropout 
prevention committee or local law enforcement officer acting as a school 
resource officer. 
Failure of the student or the student's parents to appear at scheduled meetings does 
not preclude the school administrators from implementing an intervention plan to 
address the student's truancy. 
Sec. 7.  20-A MRSA §5051-A, sub-§2, ¶B-1, as enacted by PL 2011, c. 614, 
§13, is amended to read: 
B-1.  The superintendent shall develop procedures to refer a student who is truant to 
the student assistance intervention team or the school personnel designated by the 
superintendent in accordance with the school administrative unit's intervention 
system under section 4710 in accordance with this section.  These procedures may 
include, but are not limited to: 
(1)  Identifying school personnel responsible for notifying the student assistance 
intervention team or the school personnel designated by the superintendent in 
accordance with the school administrative unit's intervention system when a 
student is truant; 
(2)  A process for referral of a student who is truant, including identifying school 
personnel responsible for inviting the parents and the student to participate in any 
meeting that results from this referral; 
(3)  A timeline for setting up a meeting and developing an intervention plan 
under paragraph A-2; 
(4)  A plan for dealing with future absences of a student who is truant; and 
(5)  A plan for reporting of the results of the intervention plan developed pursuant 
to paragraph A-2. 
Sec. 8.  20-A MRSA §5051-A, sub-§2, ¶F, as amended by PL 2011, c. 614, §13, 
is further amended to read: 
F.  When a student is determined to be truant and in violation of section 5001-A and 
the student assistance intervention team or the school personnel designated by the 
superintendent in accordance with the school administrative unit's intervention 
system under section 4710 and the superintendent have made a good faith attempt to 
meet the requirements of paragraph B-1, the superintendent shall notify the school 
board, the local law enforcement agency and, if the student holds a driver's license, 
the Secretary of State of the student's truancy.  The student is subject to the penalties 
under section 5053-A, subsection 8. 
Sec. 9.  20-A MRSA §5051-A, sub-§3, as amended by PL 2011, c. 614, §13, is 
further amended to read: 
3.  Reports.  This subsection applies to reports of truancy. 
A.  A superintendent shall submit an annual report to the commissioner before 
October 1st January 7th.  The report must: 
(1)  Identify the number of truants in the school administrative unit in the 
preceding current school year; 
(2)  Describe the unit's efforts to deal with truancy; 
(3)  Account for actions brought under this section including the number of 
truants reported to the student assistance intervention team or the school 
personnel designated by the superintendent in accordance with the school 
administrative unit's intervention system under section 4710; and 
(4)  Include any other information on truancy requested by the commissioner. 
B.  The commissioner shall submit an annual report to the Governor and the 
Legislature before January 15th June 30th.  The report must aggregate the 
information provided by superintendents under paragraph A and must evaluate the 
effect of state laws on the incidence of truancy. 
Sec. 10.  20-A MRSA §5053-A, sub-§1, as amended by PL 2011, c. 614, §15, is 
further amended to read: 
1.  Civil violation.  If a parent has control of a student who is truant under section 
5051-A, subsection 1 and that parent is primarily responsible for that truancy, that parent 
commits a civil violation for which a fine of not more than $250 may be adjudged, all or 
part of which may be suspended upon the parent's compliance with a court order under 
subsection 2. 
A parent who commits a civil violation under this subsection after having previously 
committed a civil violation under this subsection commits a civil violation for which a 
fine of not more than $500 may be adjudged, none of which may be suspended.  The 
superintendent may inform the Department of Health and Human Services that the 
student is a victim of abuse or neglect under Title 22, chapter 1071 based on the parent's 
failure to ensure compliance with school attendance requirements.  
Sec. 11.  20-A MRSA §5053-A, sub-§4, as amended by PL 2011, c. 614, §17, is 
further amended to read: 
4.  Prima facie proof.  Evidence that shows that the parent received the notice under 
section 5051-A, subsection 2 and that the child has accumulated 10 cumulative full days 
of absences or 5 7 consecutive school days of unexcused absences during a school year or 
unexcused absences by the 60th day of the school year that are not justified under the 
established attendance policies of the school administrative unit is prima facie proof that 
the parent is primarily responsible for the child's truancy or the parent failed to take 
corrective measures for the child's truancy. 
Sec. 12.  20-A MRSA §5053-A, sub-§8 is enacted to read: 
8.  Student penalties.  Notwithstanding subsection 1, when a student is truant under 
section 5051-A and the local law enforcement agency is notified under section 5051-A, 
subsection 2, paragraph F, the student commits a civil violation for which a fine of not 
more than $100 may be adjudged. 
The Secretary of State may suspend the driver's license of a student holding a driver's 
license who violates this subsection for a period not to exceed 6 months. 
Sec. 13.  20-A MRSA §8605, sub-§1, ¶A, as amended by PL 1991, c. 518, §37, 
is further amended to read: 
A.  A person who is not yet 17 18 years of age who has withdrawn from school under 
the provisions of section 5001-A, subsection 2, paragraph B; 
Sec. 14.  20-A MRSA §8605, sub-§1, ¶A-1, as enacted by PL 1991, c. 518, §37, 
is amended to read: 
A-1.  A person who is 17 18 years of age or older and who is not attending a public 
school; or 
SUMMARY 
This bill changes the age range for compulsory school attendance from 7 years of age 
to under 17 years of age to 6 years of age to under 18 years of age and changes the 
number of absences required for a student to be considered truant.  It establishes a fine for 
parents adjudged for repeated violations of the truancy laws and allows the 
superintendent to inform the Department of Health and Human Services that the student 
is a victim of abuse or neglect based on the parent's failure to ensure compliance with 
school attendance requirements.  It also establishes a fine and possible driver's license 
suspension for truant students.