An Act To Ensure the Successful Implementation of Proficiency-based Diplomas by Extending the Timeline for Phasing in Their Implementation
Maine Legislature, Session 128, LD 1666
Committee Amendment CA_A_H777 (House)
Amends: 20-A MRSA §253, 20-A MRSA §2412, 20-A MRSA §2651, 20-A MRSA §2902, 20-A MRSA §4502, 20-A MRSA §4511, 20-A MRSA §4722, 20-A MRSA §4722-A, 20-A MRSA §6209, 20-A MRSA §6214, 20-A MRSA §15686-A, 20-A MRSA §19301

COMMITTEE AMENDMENT ,./1 "to H.P. 1152, L.D. 1666, Bill, "An Act To 
Ensure the Successful Implementation of Proficiency-based Diplomas by Extending the 
Timeline for Phasing in Their Implementation" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Ensure the Successful Implementation of Proficiency-based Diplomas' 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 20-A MRSA §253, sub-§9, as enacted by PL 2011, c. 669, §1, is 
repealed. 
Sec. 2. 20-A MRSA §2412, sub-§5, ,rJ, as enacted by PL 2015, c. 40, §1, is 
amended to read: 
J. Public charter schools are subject to the same profioieRoy based diploma standards 
set forth in section 4722 A aRd are eligible for the same traRsitioR graRts as 
applieable to Rooeharter publie schools in the State pursual'lt to seetion 4722 ,".., 
l'llHll'll'JAtiAfl 4 4722. 
Sec. 3. 20-A MRSA §2651, sub-§3, ,rB-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 nrAfi&iAAAAT 
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 f,., 4723 and 4724. 
COMMITTEE AMENDMENT 
CONfM.ITTEE AMENDMENT ,/j<, to H.P. 1152, L.D. 1666 
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 proficii:mcy based the graduation iR 
accordance with requirements of section 4722 A 4722. This plan must also address all 
other plans required by the department. 
Sec. 6. 20-A MRSA §4502, sub-§8, ,r~ and C, as enacted by PL 2011, c. 669, 
§ 5, are repealed. 
Sec. 7. 20-A MRSA §4511, sub-§3, ,rJ, as enacted by PL 2015, c. 489, §1, is 
repealed. 
Sec. 8. 20-A MRSA §4722, sub-§7, as enacted by PL 2011, c. 669, §6, is 
amended to read: 
7. Applicability of requirements. Except as pro:vided iR section 4722 A, this This 
section applies to the granting of diplomas to secondary school students befere beginning 
January 1,~2019. 
Sec. 9. 20-A MRSA §4722, sub-§8, as enacted by PL 2011, c. 669, §6, is 
repealed. 
Sec. 10. 20-A MRSA §4722-A, as amended by PL 2017, c. 284, Pt. C, §7, is 
further amended to read: 
§4722-A. Proficiency-based diploma standards and transcripts 
Beginning Janaary 1, 2017, a A diploma indicating graduation from a secondary 
school mast may be based on student demonstration of proficiency as described in this 
section. Th@ oommissioner may pennit a school admmistrative unit to award diplomas 
ueder this section prior to January 1, 2017 if the commissioner finds that the unit's plan 
for awardine: diolomas meets the criteria for orofioiencv based e:radaation under this 
!'l@etinn 
1. Requirements for award of diploma. In order If a school subject to the system 
5 
of learning results established under section 6209 chooses to award to a student a diploma 
indicating graduation from secondary school, a school subject to the system of learniRg 
7 
results established ueder section 6209 must based on demonstration of proficiency as 
described in this section, the school shall: 
A-1. Certify that the student has met all requirements specified by the governing 
body of the school administrative unit attended by the student; 
COMMITTEE AMENDMENT 
COMMITIEE AMENDMENT .fr,, to H.P. 1152, L.D. 1666 
B. Certify that the student has demonstrated proficiency in meeting state standards 
in all content areas of the system of learning results established under section 6209; 
B-1. Phase in the following diploma requirements from the 2020-2021 school year to 
the 2024-2025 school year: 
(1) For a student graduating in the graduating class of 2020-2021, certify that the 
student has demonstrated proficiency in meeting the state standards in the content 
areas of English language arts, mathematics, science and technology and social 
studies; 
(2) For a student graduating in the graduating class of 2021-2022, certify that the 
student has demonstrated proficiency in meeting the state standards in the content 
areas of English language arts, mathematics, science and technology, social 
studies and at least one additional content area of the student's choice; 
(3) For a student graduating in the graduating class of2022-2023, certify that the 
student has demonstrated proficiency in meeting the state standards in the content 
areas of English language arts, mathematics, science and technology, social 
studies and at least 2 additional content areas of the student's choice; 
(4) For a student graduating in the graduating class of2023-2024, certify that the 
student has demonstrated proficiency in meeting the state standards in the content 
areas of English language arts, mathematics, science and technology, social 
studies and at least 3 additional content areas of the student's choice; and 
(5) For a student graduating in the graduating class of 2024-2025 and for each 
subsequent graduating class, certify that the student has demonstrated proficiency 
in meeting the state standards in all content areas. 
For the purposes of this paragraph, "content areas" refers to the content areas of the 
system of learning results established under section 6209.~ 
C. 
Certify that the student has demonstrated 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 
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. 
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, if a school subject to the system of 
learning results established under section 6209 chooses to award student diplomas 
.39 
indicating graduation from secondary school based on demonstration of proficiency as 
described in this section, a student may be awarded a diploma indicating graduation from 
a seoondarv that school in the following circumstances. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT"' to H.P. 1152, L.D. 1666 
A. A student who is a child with a disability, as defined in section 7001, subsection 
1-B, may meet the requirements of subsection 1 and become eligible for a diploma by 
demonstrating proficiency in state standards established in the system of learning 
results through performance tasks and accommodations that maintain the integrity of 
the standards as specified in the student's individualized education program by the 
student's individualized education program team pursuant to the requirements of 
chapter 301. 
B. A student who has satisfactorily completed the freshman year in an accredited 
degree-granting institution of higher education is eligible to receive a high school 
diploma from the secondary school the student last attended. 
B-2. For the graduating class of 2020-2021 and each subsequent graduating class, a 
student who has satisfactorily completed a state-approved career and technical 
education program of study and either met 3rd-party-verified national or state 
industry standards set forth in department rules established pursuant to section 
8306-B or earned 6 credits in a dual enrollment career and technical education 
program formed pursuant to chapter 229 from a regionally accredited institution of 
higher education and who has successfully demonstrated proficiency in meeting state 
standards in the content areas and the guiding principles set forth in department rules 
governing implementation of the system of learning results established pursuant to 
section 6209, is eligible to receive a high school diploma from the secondary school 
the student last attended. A student may be awarded a high school diploma from the 
secondaiy school the student last attended in accordance with the phase-in of the 
following diploma requirements for the graduating class of 2020-2021 to the 
graduating class of 2023-2024: 
(1) For a student graduating in the graduating class of 2020-2021, the student has 
demonstrated proficiency in meeting the state standards in the content areas of 
English language arts, mathematics and social studies; 
(2) For a student graduating in the graduating class of 2021-2022, the student has 
demonstrated proficiency in meeting the state standards in the content areas of 
English language arts, mathematics, social studies and at least one additional 
content area of the student's choosing; 
(3) For a student graduating in the graduating class of 2022-2023, the student has 
demonstrated proficiency in meeting the state standards in the content areas of 
English language arts, mathematics, social studies and at least 2 additional 
content areas of the student's choosing; and 
(4) For a student graduating in the graduating class of 2023-2024 and in each 
subsequent graduating class, the student has demonstrated proficiency in meeting 
the state standards in the content areas of English language arts, mathematics, 
social studies and at least 3 additional content ai·eas of the student's choosing. 
For the purposes of this paragraph, "content areas" refers to the content areas of the 
system of learning results established under section 6209. 
COMMITTEE AMENDMENT 
COJ\AMITTEE AMENDMENT'~" to H.P. 1152, L.D. 1666 
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 
O 
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 peliods: 
(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, 
11Armed Forces
means the United States Army, 
Navy, Air Force, Marine Corps and Coast Guard and the merchant marine. 
5. Transcripts and certification of content area proficiency. 
Ia If a school 
subject to the system of learning results established under section 6209 chooses to award 
student diplomas indicating graduation from secondary school based on demonstration of 
proficiency as described in this section, the school shall, in addition to maintaining a high 
school transcript for each student, a sehool administrative lffiit shall certify each student's 
content area proficiency and may award a certificate of content area proficiency to a 
student for each content area in the system of learning results established under section 
6209 in which the student has demonstrated proficiency. Certification of content area 
proficiency must be included with the student's permanent academic transcript, and a 
student may use certification of content area proficiency as an official credential of 
academic achievement for the purposes of employment and postsecondary education. 
When a school administrative unit certifies content area proficiency, it shall report these 
certifications of content area proficiency to the department, and the department shall 
collect and aggregate these data as evidence of progress towards high school graduation 
goals. 
6. Implementation of proficiency-based diplomas and transcripts. Beginning in 
the 2016 2017 sehool year, the The department shall may annually collect and report data 
on the prog.ress of public schools and public charter schools towa-rdR the imnlemet1tation 
COMMITTEE AMENDMENT 
I,-.:._ 
COMMITTEE AMENDMENT ,./t,, to H.P. 1152, L.D. 1666 
ef that have chosen to implement proficiency-based diplomas and transcripts i11 relation 
to the ongoiag transition plan required pmsuant to section 4502, subsection 1, including 
the number of students graduating with proficiency-based diplomas, the number of 
students concluding their high school careers proficient in each of the content areas of the 
system of learning results established under section 6209 and 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 the number of students certified 
as ready for college and careers. By January 15, 2017, and annually thereafter, the The 
department shall may provide an annual report of the any 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. 
7. Rulemaking. The commissioner shall develop rules to accomplish the purposes 
of this section. Rules adopted by the commissioner under this section must: 
A. 
Allow local flexibility and innovation in developing consistent graduation 
standards, enable school administrative units that choose to award student diplomas 
indicating graduation from secondary school based on demonstration of proficiency 
as described in this section to continue current progress aligned with the phase-in of 
the standards and proficiency requirements in subsection 1, paragraph B-1 and 
subsection 3, paragraph B-2 and describe standard criteria for ensuring equal 
educational opportunities for students; 
B. Allow the commissioner to identify the manner in which the opportunities for 
learning in multiple pathways of career and technical education programs may be 
used to satisfy certain components of the system of learning results established under 
section 6209; and 
C. Address the appropriate placement of students in career and technical education 
programs while ensuring that all students be exposed to all the content areas of the 
system of learning results established under section 6209 through the 10th year of 
their studies. 
Rules adopted pursuant to this subsection are routine technical major substantive rules as 
defined in Title 5, chapter 375, subchapter 2-A. 
Sec. 11. 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 
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: 
A. Career and education development; 
B. English language arts; 
C. World languages; 
D. Health, physical education and wellness; 
E. Mathematics; 
COMMITTEE AMENDMENT 
COMMITTEEAMENDMENT"/1"toH.P.1152,L.D.1666 
F. Science and technology; 
G. Social studies; and 
H. Visual and performing arts. 
Sec. 12. 20-A MRSA §6209, sub-§3-A, as enacted by PL 2015, c. 489, §5, is 
further amended to read: 
3-A. Transcripts. A school subject to this section shall: 
/'... 
Maintain stadent transeripts eontaining eertifieation of profieieney for eaeh 
eoatent area and gaiding prineiple in the system of learnin.g resw.ts pursuant to this 
Reotion in v,rh.ioh the student haR demonRtrated nrofieienov: 
B. 
Certify on the basis of objective measures in the transcript a student's 
postsecondary readiness; and 
C. Establish a transcript that meets the requirements of paragraphs A and paragraph 
B as an officially sanctioned credential of student learning for admission to a 
postsecondary education institution and employment in a business, trade or industry. 
Sec. 13. 20-A MRSA §6214, as enacted by PL 2015, c. 500, §1, is amended to 
read: 
§6214. School accountability system; annual reports 
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 stadent profieieney in facilitating students' achieving 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. 
1. 
Performance measures. 
The measures of school performance and stadent 
profieieney for the school accountability system implemented under this section must · 
include multiple measures of student achievement and: 
A. Align with the components of the state accountability system required to ensure 
equity in educational opportunity by the federal Every Student Succeeds Act of 2015, 
United States Code, Section 6311 ( c) and related regulations; 
B. Use measures of student profioieney in all eontent areas of the learning results and 
the guiding prineiples :esing data gathered under section 4722 A sllbseetion 5'. 
C. Use a 6-year adjusted cohort graduation rate as the broadest allowable time frame 
for high school graduation rates; 
D. 
As available, use measures of postsecondary readiness, persistence and 
7 
completion; 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ff to H.P. t 152, L.D. 1666 
E. Establish a school administrative unit's eligibility and priority for targeted state 
funding for school improvement and support under section 15688-A, subsection 5 
and other applicable targeted funds authorized under section 15688-A; and 
F. May include, but are not limited to, the use of: 
(1) Summative assessments aligned with the grade-level expectations of the 
parameters for essential instruction and graduation requirements established 
under section 6209, subsection 2; 
(2) Interim assessments that measure student growth over time; and 
(3) Information from the state assessment program under section 6204 on student 
O 
achievement reported by the department in compliance with applicable federal 
statutes and regulations regarding student assessment. 
2. Annual reports. As provided in the federal Every Student Succeeds Act of 2015, 
United States Code, Section 631l(h), the commissioner shall annually report the 
statewide and school-level results of the school accountability system implemented under 
this section with regard to the performance of schools and the profioisney of studsnts in 
each of the State's elementary and secondary schools. 
A. The commissioner shall provide each school vlith a profile of school performanos 
and student profieienoy based upon data from the school aocountability system. 
B. When a report is made under this subsection for purposes of comparative analysis 
of elementary and secondary schools, the reporting mechanisms and the categories 
reported must be uniform for each school compared at the elementary level or the 
secondaiy level. 
C. Notwithstanding any other provision of this section, the commissioner may not 
provide a report of the statewide or school-level results of the school accountability 
system until the final adoption of rules in accordance with subsection 3. 
3. Rules. The department shall adopt rules to implement the school accountability 
system established pursuant to this section. The rules adopted by the department must 
specify the methods to be used as part of the annual assessment of the performance of 
elementary and secondary schools and the profioienoy of elementary and secondary 
sohool studsnts. Rules adopted pursuant to this subsection ai·e major substantive rules as 
defined in Title 5, chapter 375, subchapter 2-A. 
Nothing in this section may be construed to prevent or inhibit the department from 
providing annual reports of the results of the state assessment program required by 
section 6204 to comply with the federal statutes and regulations pertaining to student 
5 
assessment. 
Sec. 14. 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 
info1mation provided by a statewide education policy reseai·ch institute, shall review the 
essential programs and services student-to-staff ratios, salary and benefits matrices, small 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ·fr to H.P. 1152, L.D. 1666 
schools adjustments, labor markets and gifted and talented components and components 
related to implementation of profieieney 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. 15. 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, profieieney based diploma standards based on achievement, college and 
career readiness and student achievement in the system of standards and assessment 
established under chapter 222. 
Sec. 16. Appropriations and allocations. The following appropriations and 
allocations are made. 
EDUCATION, DEPARTMENT OF 
Learning Systems Team Z081 
Initiative: Provides funds for 2 Regional Education Representative positions and 2 
Management Analyst I positions and related All Other costs necessary to provide 
technical assistance to schools for 2 different systems of awarding diplomas. 
GENERAL FUND 
POSITIONS - LEGISLATIVE COUNT 
Personal Services 
All Other 
GENERAL FUND TOTAL 
School Finance and Operations Z078 
2017-18 
0.000 
$0 
$0 
$0 
2018-19 
2.000 
$361,005 
$26,124 
$387,129 
Initiative: Provides funds for 2 Public Service Coordinator I positions and related All 
Other costs for the additional monitoring, data tracking, school approval requirements 
and other reporting requirements for 2 different systems of awarding diplomas. 
GENERAL FUND 
2017-18 
POSITIONS - LEGISLATIVE COUNT 
0.000 
Personal Services 
$0 
All Other 
$0 
GENERAL FUND TOTAL 
$0 
COMMITTEE AMENDMENT 
2018-19 
1.000 
$193,162 
$13,062 
$206,224 
COMMITIEEAMENDMENT'ff"toH.P. 1152,L.D.1666 
EDUCATION, DEPARTMENT OF 
DEPARTMENT TOTALS 
GENERAL FUND 
DEPARTMENT TOTAL-ALL FUNDS 
SUMMARY 
2017-18 
2018-19 
$0 
$593,353 
$0 
$593,353 
This amendment is the majodty report of the Joint Standing Committee on Education 
and Cultural Affairs. The amendment replaces the bill to provide that the statutes related 
to the proficiency-based diploma standard and transcdpt provisions in the Maine Revised 
Statutes, Title 20-A, section 4722-A may be implemented by schools. The amendment 
also provides that the proficiency-based diploma standard and transcdpt rules adopted by 
the Commissioner of Education pursuant to Title 20-A, section 4722-A are changed from 
routine technical rules to major substantive rules. This amendment also adds an 
appropdations and allocations section. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 04/18/18 frac:.. 
LD 1666 
LR2591(02) 
An Act To Ensure the Successful Implementation of Proficiency-based Diplomas by Extending the 
Timeline for Phasing in Their Implementation 
Fiscal Note for Bill as Amended by Committee Amendment ,;!/.(f!-,7Vf"1) 
Committee: Education and Cultural Affairs 
Net Cost (Savings) 
General Fund 
Appropriations/Allocations 
General Fund 
Fi~cal Detail and Notes 
Fiscal Note Required: Yes 
Fiscal Note 
FY 2017-18 
FY 2018-19 
$0 
$593,353 
$0 
$593,353 
Projections 
FY2019-20 
$673,959 
$673,959 
Projections 
FY 2020-21 
$705,698 
$705,698 
This legislation removes the requirement that local school administrative units (SAU's) award proficiency-based 
diplomas and instead allows SAU's to choose between awarding diplomas based on either proficiency-based standards 
or high school diploma standards. 
This bill includes General Fund appropriations totaling $593,353 in fiscal year 2018-19 to the Department of 
Education for the costs of supporting 2 different systems of awarding high school diplomas. Of this total, $3 87, 129 is 
provided to the Learning Systems Team program for 2 Regional Education Representative positions and 2 
Management Analyst I positions and related All Other costs to provide the necessary technical assistance to schools 
and $206,224 is provided to the School Finance and Operations Team for 2 Public Service Coordinator positions and 
related All Other costs to support the additional monitoring, data tracking, school approval requirements and other 
reporting requirements. 
LR2591(02) - Fiscal Note - Page 1 of 1