An Act To Increase High School Graduation Rates for Students Experiencing Homelessness or in Foster Care”
Maine Legislature, Session 129, LD 1916
Committee Amendment CA_A_S482 (Senate)
Amends: 20-A MRSA §257-A, 20-A MRSA §5161, 20-A MRSA §5163, 20-A MRSA §5164, 20-A MRSA §5165

COMMITTEE AMENDMENT “      ” to S.P. 663, L.D. 1916, Bill, “An Act To 
Increase High School Graduation Rates for Students Experiencing Homelessness or in 
Foster Care”
Amend the bill by striking out the title and substituting the following:
'An Act To Increase High School Graduation Rates for Students Experiencing 
Education Disruption' 
Amend the bill by striking out everything after the enacting clause and inserting the 
following:
'Sec. 1.  20-A MRSA §257-A, as enacted by PL 2013, c. 439, §2, is amended to 
read:
§257-A.  Department of Education diploma
The commissioner shall issue a Department of Education diploma to a student who 
qualifies for the diploma pursuant to this section.  A Department of Education diploma 
has the same legal status as a diploma awarded by a school administrative unit.
1.  Eligibility to apply for diploma.  A student is eligible to apply for a Department 
of Education diploma if that student is unable to satisfy the requirements for a diploma 
from a school administrative unit because the student experienced one or more education 
disruptions, as defined in section 5161, subsection 2-A, during the student's educational 
history.
1-A.  Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings.
A.  "Community provider" has the same meaning as in section 5161, subsection 1-B.
B.  "Education disruption" has the same meaning as in section 5161, subsection 2-A.
C.  "Responsible school" has the same meaning as in section 5161, subsection 5-A 
and includes a school identified pursuant to section 5163, subsection 6.
Date: 
(Filing No. S-          )
COMMITTEE AMENDMENT “      ” to S.P. 663, L.D. 1916
COMMITTEE AMENDMENT
D.  "Student experiencing homelessness" has the same meaning as in section 5161, 
subsection 11.
2.  Standard for awarding diploma.  The commissioner shall issue a diploma under 
this section only to a student who demonstrates achievement of the content standards of 
the system of learning results established pursuant to section 6209 completes the 
minimum requirements for a high school diploma pursuant to section 4722.
3.  Process.  A student who seeks a Department of Education diploma shall submit an 
application to the commissioner, including such evidence of student achievement and 
other information as is required by the commissioner  The responsible school shall 
provide support for and assist in the completion and submission of an application for a 
Department of Education diploma to the commissioner for any student who has 
experienced one or more education disruptions during the student's educational history on 
the request of the student's parent or guardian or on the request of the student if the 
student is at least 18 years of age or is an unaccompanied student experiencing 
homelessness. Community providers may also assist in the application process. An 
application may require only information necessary to show that the student has 
completed the minimum requirements for a high school diploma pursuant to section 
4722. The commissioner may not require additional information or an interview with the 
student.  Evidence of student achievement that a student has met these requirements may 
include, but is not limited to, transcripts, waivers, academic reports and school work 
recognition plans.  The commissioner shall form a review team to review the provided 
evidence of student achievement and to make a recommendation to the commissioner on 
the awarding of a diploma under this section.  The review team may seek clarification of 
the evidence provided but may not impose additional requirements beyond those 
specified in the application.  The commissioner shall make the final determination of 
eligibility for a diploma under this section.  
Sec. 2.  20-A MRSA §5161, sub-§1-B is enacted to read:
1-B.  Community provider.  "Community provider" means a governmental or 
nongovernmental entity that provides services to students or families, including but not 
limited to temporary and permanent housing, case management, immigration and 
language services and social, behavioral health, occupational training and legal services.
Sec. 3.  20-A MRSA §5161, sub-§2-A, as enacted by PL 2013, c. 439, §8, is 
amended to read:
2-A.  Education disruption.  "Education disruption" means disruption of the 
educational program of an elementary or secondary school student because the student is 
an immigrant student or a migrant student or as a result of:
A.  Homelessness or foster care placement;
B.  Absence for 10 or more consecutive school days due to placement in an interim 
program; or
C.  Enrollment in 3 or more schools or educational programs in a single school year.
"Education disruption" does not include an absence for 10 or more consecutive school 
days as a result of a planned absence for a reason such as a family event or a medical 
COMMITTEE AMENDMENT “      ” to S.P. 663, L.D. 1916
COMMITTEE AMENDMENT
absence for a planned hospitalization or recovery or pursuant to a superintendent's 
determination developed in accordance with section 5205, subsection 2.
Sec. 4.  20-A MRSA §5161, sub-§2-B is enacted to read:
2-B.  Foster care placement. "Foster care placement" means placement of a child in 
substitute 24-hour care for children placed away from their parents or guardians and for 
whom the child welfare agency has placement and care responsibility, including, but not 
limited to, placement in a family foster home, foster home of a relative, group home, 
emergency shelter, residential facility, child care institution or preadoptive home. For the 
purposes of this section, a placement is a foster care placement regardless of whether the 
foster care facility is licensed and payments are made by the State or a tribal or local 
agency for the care of the child, whether adoption subsidy payments are being made prior 
to the finalization of an adoption or whether there is federal matching of any payments 
that are made.
Sec. 5.  20-A MRSA §5161, sub-§2-C is enacted to read:
2-C.  Immigrant student.  "Immigrant student" means a student who was not born in 
any state or territory of the United States, including the District of Columbia or the 
Commonwealth of Puerto Rico, and has not attended one or more schools in any one or 
more states or territories for more than 3 full academic years in the aggregate.
Sec. 6.  20-A MRSA §5161, sub-§4-A is enacted to read:
4-A.  Migrant student. "Migrant student" means a student who has been identified 
as a migratory child by the federal Department of Education Migrant Education Program 
with a certificate of eligibility pursuant to the federal Every Student Succeeds Act, 20 
United States Code, Section 6391 et seq. and related regulations.
Sec. 7.  20-A MRSA §5161, sub-§6, as repealed and replaced by PL 2013, c. 439, 
§11, is amended to read:
6.  School work recognition plan.  "School work recognition plan" means a written 
plan document, developed and updated in collaboration among the responsible school, the 
student, parents or guardians, previous schools, interim programs and other agencies, that 
outlines how a student who is experiencing, or who has experienced, an education 
disruption will make makes and demonstrate demonstrates progress toward achievement 
of learning results.  A school work recognition plan includes but is not limited to:
A.  A summary of the student's achievement relative to the appropriate learning 
results;
B.  A compilation of full and partial credits and other achievement recognitions 
earned;
C.  An identification of any gaps between the student's achievement and the 
achievement typical of the student's same-age peers; and
D.  A plan for maximizing the student's progress and closing identified gaps.
Sec. 8.  20-A MRSA §5161, sub-§11 is enacted to read:
COMMITTEE AMENDMENT “      ” to S.P. 663, L.D. 1916
COMMITTEE AMENDMENT
11.  Student experiencing homelessness.  "Student experiencing homelessness" 
means a student who has been identified by a school administrative unit as a homeless 
child or youth as defined in the federal McKinney-Vento Homeless Assistance Act, 42 
United States Code, Section 11431 et seq.
Sec. 9.  20-A MRSA §5163, sub-§3, as enacted by PL 2013, c. 439, §15, is 
amended to read:
3.  Education disruption due to homelessness, foster care placement, migrancy, 
immigration or multiple transfers.  The responsible school at the time of a 3rd or 
subsequent educational enrollment in a school year shall:
A.  Within 10 school days of the school's or program's becoming aware that the 
student is enrolling in the 3rd school or program in a school year or is experiencing 
education disruption, work with the student, parent or guardian and staff of other 
schools and programs in which the student participated to develop or update a school 
work recognition plan; and
B.  Compile for the student the credits or other recognition received by the student to 
date, identify gaps between that compilation and the credits or recognition typically 
earned by the student's peers and identify options for the student to close those gaps, 
if possible.
C.  Within 5 school days of the school's or program's becoming aware that a student 
is experiencing a period of absence due to education disruption or multiple transfers, 
make available to the student individual educational materials including but not 
limited to curricula and assignments designed to enable the student to continue the 
student's educational programming.
Sec. 10.  20-A MRSA §5163, sub-§4, as enacted by PL 2013, c. 439, §15, is 
repealed.
Sec. 11.  20-A MRSA §5163, sub-§5, as enacted by PL 2013, c. 439, §15, is 
amended to read:
5.  Staff assistance.  For every student who experiences education disruption due to 
placement in an interim program, professional staff in the responsible school must be 
assigned to ensure the complete transfer of all records, grades and full and partial credits 
and all academic material, including an academic programming agreement, if applicable, 
from the interim program or prior school or program in which the student was placed or 
that the student attended to the responsible school no later than 5 school days after the 
student enrolls in the responsible school.
Sec. 12.  20-A MRSA §5163, sub-§5-A is enacted to read:
5-A.  Mentorship.  For every student experiencing education disruption that leads to 
enrollment in a new responsible school, the new responsible school shall provide the 
student with an adult staff or volunteer mentor to facilitate the student's transition.
Sec. 13.  20-A MRSA §5164, last ¶, as enacted by PL 2013, c. 439, §15, is 
amended to read:
COMMITTEE AMENDMENT “      ” to S.P. 663, L.D. 1916
COMMITTEE AMENDMENT
If it is determined by the responsible school and the student that the student cannot 
meet the school's requirements for graduation by the end of the student's 4th year of 
secondary school, the responsible school shall provide the student information about 
applying for a Department of Education diploma and shall assist the student in making 
the application.  In accordance with section 257-A, subsection 3, the responsible school 
shall provide support for and assist in the completion and submission of the application 
on the request of the student's parent or guardian or on the request of the student if the 
student is at least 18 years of age or is an unaccompanied student experiencing 
homelessness. Community providers may also assist in the application process.
Sec. 14.  20-A MRSA §5165 is enacted to read:
§5165.  Graduation of a student experiencing education disruption who is enrolled 
in more than one school after the student's 2nd year in high school
1.  Course credit or waiver.  If a student who is experiencing or has experienced 
education disruption attends more than one school after the student's 2nd year of high 
school and is unable to fulfill a diploma course requirement of the responsible school but 
has completed a similar course elsewhere, the responsible school may award credit for the 
similar course or waive the requirement. If the responsible school does not award credit 
for the similar course or waive the requirement, the responsible school shall provide an 
alternative means for the student to complete the required course for on-time graduation.
2.  Award of diploma from previously attended school.  If a student experiencing 
education disruption who attends more than one school after the student's 2nd year in 
high school cannot meet the graduation requirements of the responsible school but can 
meet those of the previously attended school, the student must be awarded a diploma by 
the previously attended school.  The responsible school and the previously attended 
school shall work together to ensure the student is supported in completing any specific 
remaining requirements.
3.  Department of Education diploma.  Nothing in this section may be construed to 
limit a student's eligibility to apply for the Department of Education diploma if the 
student is unable to complete the diploma requirements of either the responsible or 
previously attended school.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively.
SUMMARY
This amendment, which strikes and replaces the bill and is the majority report of the 
committee, does the following.
1. It amends the definition of "education disruption" to include migrant students who 
have been identified as such by the federal Department of Education Migrant Education 
Program and immigrant students who have not been attending one or more schools in any 
one or more states or territories for more than 3 full academic years in the aggregate.
2. It amends the process for applying for a Department of Education diploma by 
requiring that the responsible school provide support for the completion and submission 
COMMITTEE AMENDMENT “      ” to S.P. 663, L.D. 1916
COMMITTEE AMENDMENT
of an application for a Department of Education diploma for students who have 
experienced education disruption, provides that community providers may assist in the 
application process and specifies that a diploma may be issued to a student who 
completes the minimum requirements for a high school diploma and that, while the 
Commissioner of Education's review team may seek clarification on evidence submitted, 
the commissioner may not require additional information.
3. It amends the definition of "school work recognition plan" for students 
experiencing education disruption to specify that a school work recognition plan is 
developed and updated in collaboration among the responsible school, the student, the 
parent or guardian, previous schools, interim programs and other agencies. It also 
specifies that a school work recognition plan includes but is not limited to a summary of 
the student's achievement related to the appropriate learning results, a compilation of full 
and partial credits and other achievement recognitions earned, an identification of any 
gaps between the student's achievement and the achievement typical of the student's peers 
and a plan for maximizing the student's progress and closing identified gaps.
4. It amends the law regarding continuing educational progress during and after 
education disruption to provide uniform expectations for schools to support the academic 
progress of all students experiencing education disruption regardless of the type of 
education disruption, including developing or updating a school work recognition plan 
within 10 school days and making available instructional materials for students within 5 
school days of a school becoming aware of a period of education disruption. It also 
specifies that for every student who experiences education disruption that leads to 
enrollment in a new responsible school, the new responsible school shall provide the 
student with an adult staff or mentor to facilitate the student's transition.
5. It requires a responsible school to assist a student experiencing education 
disruption in completing an application for the Department of Education diploma if the 
student will not be able to graduate by the end of the student's 4th year of secondary 
school.
6. It creates credit accrual options for a student experiencing education disruption 
who changes schools after the student's 2nd year of high school, requiring schools to 
either award credit for a similar course taken elsewhere, waive a specific graduation 
requirement or provide an alternative means by which the student can earn the needed 
credit in time to graduate.  It allows a student to receive a diploma from a previously 
attended school if the student can meet the requirements of that school but cannot 
complete the new school's graduation requirements.
FISCAL NOTE REQUIRED
(See attached)
Approved: 03/10/20
LD 1916
LR 2862(02)
State Mandates
Unit Affected
Local Cost
School
Moderate 
statewide
School
Moderate 
statewide
Fiscal Detail and Notes
Fiscal Note
1) provide support for and assist in the completion and submission of an application 
for a Department of Education diploma if requested to do so;
To the extent that volunteer mentors are available to facilitate the transition of a new student that is experiencing 
education disruption to the new school, the fiscal impact to the responsible school may be mitigated.  The impact to 
individual school administrative units will depend on the number of students experiencing education disruption due to 
migrancy or immigration attending the school.
An Act To Increase High School Graduation Rates for Students Experiencing Homelessness or in 
Foster Care
Fiscal Note for Bill as Amended by Committee Amendment " "
Committee: Education and Cultural Affairs
Fiscal Note Required: Yes
Potential State Mandate - Unfunded
Required Activity
Requires a responsible school to provide every new student experiencing education 
disruption with an adult staff or volunteer mentor to facilitate the student's transition 
to the new school.
Adds migrant students and immigrant students to the number of students to which a 
responsible school must: 
2) provide staff assistance to ensure the complete transfer of all records, grades, full 
and partial credits and all academic material;
3) develop or update a school work recognition plan within 10 days of the school 
becoming aware of the student experiencing education disruption; and
4) make individual educational materials such as curricula and assignments 
available within 5 days of the school becoming aware that the student is 
experiencing a period of absence due to education disruption.
The required local activities in this bill may represent a state mandate pursuant to the Constitution of Maine. If the bill 
does require a local unit of government to expand or modify its activities so as to necessitate additional expenditures 
from local revenue, the state mandate provisions of the Constitution of Maine require either: (1) General Fund 
appropriations be provided to fund at least 90% of any additional necessitated local costs of the mandate; or (2) a 
Mandate Preamble be added to the bill and two-thirds of the members of each House vote to exempt the mandate from 
the funding requirement. If the bill does represent a state mandate and neither one of these actions occurs, the local 
units of government will not be required to implement the mandated activities.
LR2862(02) - Fiscal Note - Page 1 of 1