An Act To Repeal Proficiency-based Diplomas
Maine Legislature, Session 128, LD 1900
Committee: Education and Cultural Affairs
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

Legislative Document
No. 1900
H.P. 1338
House of Representatives, April 9, 2018
An Act To Repeal Proficiency-based Diplomas
Reported by Representative KORNFIELD of Bangor for the Joint Standing Committee on 
Education and Cultural Affairs pursuant to Joint Order 2017, H.P. 1323.
Reference to the Committee on Education and Cultural Affairs suggested and ordered 
printed pursuant to Joint Rule 218.
ROBERT B. HUNT
Clerk
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Sec. 1.  20-A MRSA §253, sub-§9, as enacted by PL 2011, c. 669, §1, is repealed.
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.
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, 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.  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 repealed.
Sec. 7.  20-A MRSA §4511, sub-§3, ¶J, 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 provided in section 4722-A, this This 
section applies to the granting of diplomas to secondary school students before beginning 
January 1, 2017 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 
repealed.
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;
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 
amended to read:
3-A.  Transcripts.  A school subject to this section shall:
A.  Maintain student transcripts containing certification of proficiency for each 
content area and guiding principle in the system of learning results pursuant to this 
section in which the student has demonstrated proficiency;
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, 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 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.
Sec. 14.  20-A MRSA §6214, sub-§§1 to 3, as enacted by PL 2015, c. 500, §1, 
are amended to read:
1.  Performance measures.  The measures of school performance and student 
proficiency 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 proficiency in all content areas of the learning results and 
the guiding principles using data gathered under section 4722-A, subsection 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 
completion;
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 
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 6311(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 proficiency of students in 
each of the State's elementary and secondary schools.
A.  The commissioner shall provide each school with a profile of school performance 
and student proficiency based upon data from the school accountability 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 
secondary 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 proficiency of elementary and secondary 
school students.  Rules adopted pursuant to this subsection are major substantive rules as 
defined in Title 5, chapter 375, subchapter 2-A.
Sec. 15.  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. 16.  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.
The Joint Standing Committee on Education and Cultural Affairs has not taken a 
position on the substance of the bill and by reporting out this bill the committee is not 
suggesting and does not intend to suggest that it agrees or disagrees with any aspect of 
this bill.  The committee is reporting the bill out for the sole purpose of the bill's being 
referred to the committee for an appropriate public hearing and subsequent processing in 
the normal course.