An Act To Amend Maine's High School Diploma Standards and Ensure Maine Students Meet State Standards upon Graduation
Maine Legislature, Session 128, LD 1898
Committee: Education and Cultural Affairs
Sponsors: GINZLER
Amends: 20-A MRSA §253, 20-A MRSA §2412, 20-A MRSA §2651, 20-A MRSA §2902, 20-A MRSA §4502, 20-A MRSA §4722, 20-A MRSA §4722-A, 20-A MRSA §4722-B, 20-A MRSA §6209, 20-A MRSA §6214, 20-A MRSA §15686-A, 20-A MRSA §19301

Legislative Document
No. 1898
H.P. 1336
House of Representatives, April 5, 2018
An Act To Amend Maine's High School Diploma Standards and 
Ensure Maine Students Meet State Standards upon Graduation
Reference to the Committee on Education and Cultural Affairs suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative GINZLER of Bridgton.  (GOVERNOR'S BILL)
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 demonstration of proficiency achievement 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 4722-B 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 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 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 §2412, sub-§5, ¶J, as enacted by PL 2015, c. 40, §1, is 
amended to read:
J.  Public charter schools are subject to the same proficiency-based diploma standards 
set forth in section 4722-A and are eligible for the same transition grants as 
applicable to noncharter public schools in the State pursuant to section 4722-A, 
subsection 4 4722-B.
Sec. 3.  20-A MRSA §2651, sub-§3, ¶B-1, as enacted by PL 2015, c. 251, §5, is 
amended to read:
B-1.  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 demonstration of proficiency 
achievement in meeting educational standards;
Sec. 4.  20-A MRSA §2902, sub-§3, as amended by PL 2015, c. 40, §3, is further 
amended to read:
3.  Courses required by law.  Provide instruction in elementary schools as specified 
in sections 4701, 4704, 4706 and 4711 and in secondary schools as specified in sections 
4701, 4704, 4706, 4722, 4722-A 4722-B, 4723 and 4724. 
Sec. 5.  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 proficiency-based the graduation in 
accordance with requirements of section 4722-A 4722-B.  This plan must also address all 
other plans required by the department.
Sec. 6.  20-A MRSA §4502, sub-§8, ¶¶B and C, as enacted by PL 2011, c. 669, 
§5, are amended to read:
B.  A request to waive the requirement for a transition plan to proficiency-based 
graduation in accordance with section 4722-A 4722-B 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 4722-A 4722-B.  This paragraph is repealed July 1, 2020 
2021.
C.  The commissioner shall provide a report to the joint standing committee of the 
Legislature having jurisdiction over education matters by February 1st annually on 
the number of waivers provided pursuant to paragraph B, including the reasons for 
the waivers granted.  The commissioner shall promptly post the annual report 
submitted pursuant to this paragraph on the department's publicly accessible website.
This paragraph is repealed July 1, 2020 2021.
Sec. 7.  20-A MRSA §4722, sub-§§7 and 8, as enacted by PL 2011, c. 669, §6, 
are amended to read:
7.  Applicability of requirements.  Except as provided in section 4722-A, this This 
section applies to the granting of diplomas to secondary school students before January 1, 
2017 2021.
8.  Repeal.  This section is repealed July 1, 2020 January 1, 2021.
Sec. 8.  20-A MRSA §4722-A, as amended by PL 2017, c. 284, Pt. C, §7, is 
repealed.
Sec. 9.  20-A MRSA §4722-B is enacted to read:
§4722-B.  High school diploma standards and transcripts
A secondary school shall provide a comprehensive program of instruction leading to 
a high school diploma as set out in section 4721.
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.
2.  Requirements for award of diploma.  In order to award to a student a diploma 
indicating graduation from secondary school, a school subject to the system of learning 
results established under section 6209 must:
A.  Certify that the student has met all requirements specified by the school board of 
the school administrative unit attended by the student;
B.  Certify that the student has received education in all content areas under section 
6209 during high school.
(1)  Education in the content areas may include separate, integrated and 
independent courses of study.
(2)  Students may demonstrate achievement in the standards through multiple 
pathways as set out under section 4703 and multiple opportunities. Achievement 
may be demonstrated by evidence documented by course and learning 
experiences using multiple measures, such as, but not limited to, examinations, 
portfolios, performances, exhibitions, projects and community service;
C.  Certify that the student has met the English language arts standards of the system 
of learning results at the grade 11 to grade 12 grade span, pursuant to rules adopted 
by the department setting grade-level expectations pursuant to section 6202, except 
that with respect to a student with a disability that directly affects the student's ability 
to meet the English language arts standards of the grade 11 to grade 12 grade span:
(1)  The school must certify that the student has met the standards at the grade 
span specified in the student's individualized education program developed in the 
2nd year of high school. The grade span must be set at the grade span the student 
is expected to be able to meet the standards of by the end of the student's access 
to a free, appropriate public education. If the grade span that the student is 
expected to meet the standards of is lower than grade 11 to grade 12, the annual 
individualized education program must articulate appropriate goals based on the 
content area standards that expect a progression of learning until the grade 11 to 
grade 12 standards are met or the student reaches the end of access to a free, 
appropriate public education; and
(2)  If the student transfers into a high school from another high school after the 
2nd year of high school, the process and requirements established in 
subparagraph (1) commence at the transfer to the new high school;
D.  Certify that the student has met the mathematics standards of the system of 
learning results at the high school level grade span, pursuant to rules adopted by the 
department setting grade-level expectations pursuant to section 6202, except that with 
respect to a student with a disability that directly affects the student's ability to meet 
the mathematics standards of the high school level grade span:
(1)  The school must certify that the student has met the standards at the grade 
span specified in the student's individualized education program developed in the 
2nd year of high school. The grade span must be set at the grade span the student 
is expected to be able to meet the standards of by the end of the student's access 
to a free, appropriate public education. If the grade span that the student is 
expected to meet the standards of is lower than the high school level grade span, 
the annual individualized education program must articulate appropriate goals 
based on the content area standards that expect a progression of learning until the 
high school level grade span standards are met or the student reaches the end of 
access to a free, appropriate public education; and
(2)  If the student  transfers into a high school from another high school after the 
2nd year of high school, the process and requirements established in 
subparagraph (1) commence at the transfer to the new high school; and
E.  Certify that the student has engaged in educational experiences relating to English 
language arts, mathematics and science and technology in each year of the student's 
secondary schooling.
Career and technical education students may satisfy the requirements of this subsection 
through separate or integrated study within the career and technical school curriculum, 
including through courses provided pursuant to section 8402 or 8451-A.
3.  Advanced study.  Nothing in this chapter may prevent the award of a diploma to 
a student who has completed all diploma requirements in less than 4 years of study.
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 a secondary school the student last 
attended, even if the student does not meet the graduation requirements of this Title.
5.  Exception for certain veterans.  A secondary school may award a high school 
diploma, including a posthumous award, to a person who meets all of the following 
requirements:
A.  The person or the person's family applies to the secondary school for the diploma;
B.  The person either:
(1)  Attended the secondary school or attended a secondary school in the 
geographic area now served by the secondary school; or
(2)  Currently resides in the geographic area served by the secondary school;
C.  The person 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; and
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 United States 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.
6.  Transcripts.  A school subject to this section shall maintain student transcripts 
containing certification for each content area in the system of learning results for which 
the student has met the highest grade level standards and, as applicable, certification of 
career and technical education program completion and industry standards met.
7.  Implementation of diplomas and transcripts.  Beginning in the 2020-2021 
school year, the department shall annually collect and report data on the number of 
students graduating with diplomas under this section and the number of students 
concluding their high school careers having met standards at the highest grade span in 
each of the content areas of the system of learning results established under section 6209. 
By January 15, 2024, and annually thereafter, the department shall provide a report of the 
data collected for the prior school year to the joint standing committee of the Legislature 
having jurisdiction over education matters, and the department shall post the annual 
report on its publicly accessible website.
8.  Rulemaking.  The commissioner shall develop rules to accomplish the purposes 
of this section. Rules adopted pursuant to this subsection are major substantive rules as 
defined in Title 5, chapter 375, subchapter 2-A.
9.  Applicability.  This section applies to the granting of diplomas to secondary 
school students on or after January 1, 2021.
Sec. 10.  20-A MRSA §6209, sub-§2, as amended by PL 2015, c. 489, §4, is 
further amended to read:
2.  Parameters for essential instruction and graduation requirements.  Each 
elementary, middle and secondary school subject to the provisions of this section shall 
ensure sufficient opportunity and capacity through multiple pathways for all students to 
study and achieve proficiency in the areas of practice the guiding principles set forth in 
rules governing implementation of the system of learning results pursuant to this section 
and meet the standards of the following content areas of the system of learning results:
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.
Sec. 11.  20-A MRSA §6209, sub-§2-A is enacted to read:
2-A.  World language waiver.  A school administrative unit without the capacity to 
offer a program of study in world languages may request a waiver from the commissioner 
pursuant to section 4502, subsection 8.
Sec. 12.  20-A MRSA §6209, sub-§3, as amended by PL 2007, c. 259, §5, is 
repealed.
Sec. 13.  20-A MRSA §6209, sub-§4, as amended by PL 2015, c. 489, §6, is 
further amended to read:
4.  Review cycle.  The commissioner shall conduct a review of the content standards 
and performance indicators by content area on a 5-year cycle beginning in the 2015-2016 
school year.  The review of the content standards and performance indicators for the 
content area of social studies, including student achievement of proficiency in personal 
finance, must be included in the commissioner's review during the 2015-2016 school 
year.  Any changes that are recommended must be approved through the same process 
used for establishment of the system of learning results.  Beginning in the 2016-2017 
school year, the commissioner shall review and make recommendations for objective 
measures that may be used to substantiate school certifications of postsecondary 
readiness.
Sec. 14.  20-A MRSA §6214, first ¶, as enacted by PL 2015, c. 500, §1, is 
amended to read:
Beginning with the 2018-2019 school year, for public schools, public charter schools 
and private schools approved for tuition purposes that enroll at least 60% publicly funded 
students, the commissioner shall implement a school accountability system to measure 
school performance and student proficiency in achieving achievement in the knowledge 
and skills described in the parameters for essential instruction and graduation 
requirements established under section 6209, subsection 2 and that meets the reporting 
requirements of the federal Every Student Succeeds Act of 2015, 20 United States Code, 
Section 6311(h) and related regulations.
Sec. 15.  20-A MRSA §6214, sub-§1, ¶B, as enacted by PL 2015, c. 500, §1, is 
amended to read:
B.  Use measures of student proficiency performance and achievement in all content 
areas of the learning results and the guiding principles using data gathered under 
section 4722-A, subsection 5;
Sec. 16.  20-A MRSA §15686-A, sub-§1, as amended by PL 2017, c. 284, Pt. C, 
§44, is further amended to read:
1.  Components to be reviewed beginning in fiscal year 2017-18.  Beginning in 
fiscal year 2017-18, and at least every 3 years thereafter, the commissioner, using 
information provided by a statewide education policy research institute, shall review the 
essential programs and services student-to-staff ratios, salary and benefits matrices, small 
schools adjustments, labor markets and gifted and talented components and components 
related to implementation of proficiency-based reporting and graduation requirements 
under this chapter and shall submit to the joint standing committee of the Legislature 
having jurisdiction over education matters any recommended changes for legislative 
action.
Sec. 17.  20-A MRSA §19301, sub-§2, as enacted by PL 2015, c. 372, §1, is 
amended to read:
2.  Content.  Content included in the digital content library established pursuant to 
subsection 1 must further the State's educational initiatives, including learning through 
technology, proficiency-based diploma standards based on achievement, college and 
career readiness and student achievement in the system of standards and assessment 
established under chapter 222.
SUMMARY
This bill repeals the provisions of law relating to proficiency-based high school 
diploma standards and replaces those provisions with a requirement that the issuance of a 
high school diploma be based on a student's meeting state standards.