An Act To Increase High School Graduation Rates for Students Experiencing Homelessness or in Foster Care
Maine Legislature, Session 129, LD 1916
Committee: Education and Cultural Affairs
Sponsors: LIBBY, CRAVEN, CLAXTON, DOW, WOODSOME, BERRY, EVANGELOS, FECTEAU, GIDEON, MOONEN
Amends: 20-A MRSA §257-A, 20-A MRSA §4722, 20-A MRSA §5163, 20-A MRSA §5164

Legislative Document
No. 1916
S.P. 663
In Senate, December 24, 2019
An Act To Increase High School Graduation Rates for Students 
Experiencing Homelessness or in Foster Care
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203.
Received by the Secretary of the Senate on December 20, 2019.  Referred to the Committee 
on Education and Cultural Affairs pursuant to Joint Rule 308.2 and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator LIBBY of Androscoggin.
Cosponsored by Representative CRAVEN of Lewiston and
Senators: CLAXTON of Androscoggin, DOW of Lincoln, WOODSOME of York, 
Representatives: BERRY of Bowdoinham, EVANGELOS of Friendship, FECTEAU of 
Biddeford, Speaker GIDEON of Freeport, MOONEN of Portland.
Be it enacted by the People of the State of Maine as follows:
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.  "Education disruption" has the same meaning as in section 5161, subsection 2-A.
B.  "Responsible school" has the same meaning as in section 5161, subsection 5-A 
and includes a school identified pursuant to section 5163, subsection 6.
C.  "Student experiencing homelessness" means a student who has been identified by 
a school administrative unit or local education agency as a homeless child or youth as 
defined in the federal McKinney-Vento Homeless Education Assistance 
Improvements Act of 2001, 42 United States Code, Section 11431, et seq.
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.
3.  Process.  A student who seeks a Department of Education diploma shall submit an 
application to the commissioner, including The responsible school shall submit an 
application for a Department of Education diploma to the commissioner on behalf of 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 a student experiencing 
homelessness.  The parent or guardian of such a student or a student who is at least 18 
years of age or is a student experiencing homelessness may submit an application directly 
to the commissioner, and the responsible school shall assist in the application process.  
An application must include such evidence of student achievement and other information 
as is required by the commissioner.  Evidence of student achievement 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 evidence of student achievement 
and to make a recommendation to the commissioner on the awarding of a diploma under 
this section.  The commissioner shall make the final determination of eligibility for a 
diploma under this section.
4.  Exception for award of diploma for student experiencing homelessness or in 
foster care.  Notwithstanding subsection 3, upon receipt of an application for a diploma 
for a student experiencing homelessness or who has been in foster care, the commissioner 
shall issue a diploma under this section and may not require additional information or an 
interview with the student if the student meets the standard for awarding a diploma under 
subsection 2 and:
A.  Has been identified as a student experiencing homelessness at any time after 
beginning grade 7 or has been in foster care;
B.  Is unable to satisfy the requirements for a diploma from a school administrative 
unit by the end of the student's 4th year of secondary school; and
C.  Has been enrolled in more than one school after the student's 2nd year of 
secondary school.
Sec. 2.  20-A MRSA §4722, sub-§6-A is enacted to read:
6-A.  Exception for students who are experiencing homelessness or in foster 
care.  A secondary school shall award a diploma to a student who:
A.  At any time after beginning grade 9 has been identified by a school administrative 
unit or local education agency as a homeless child or youth as defined in the federal 
McKinney-Vento Homeless Education Assistance Improvements Act of 2001, 42 
United States Code, Section 11431, et seq., or has been in foster care;
B.  Is unable to satisfy the requirements for a diploma from the current school 
administrative unit by the end of the student's 4th year of secondary school;
C.  Has been enrolled in more than one school after the student's 2nd year of 
secondary school; and
D.  Would have been able to satisfy the requirements for a diploma from the school 
administrative unit where the student previously attended secondary school by the 
end of the student's 4th year of secondary school had the student remained at that 
school.
Sec. 3.  20-A MRSA §5163, sub-§3, ¶B, as enacted by PL 2013, c. 439, §15, is 
amended to read:
B.  Compile for the student the partial and full credits or other recognition received 
by the student to date, provide priority enrollment in classes in which the student has 
partial credits, 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 including but not limited to immediately enrolling the student 
in classes or programs.
Sec. 4.  20-A MRSA §5163, sub-§4, as enacted by PL 2013, c. 439, §15, is 
amended to read:
4.  Education disruption due to homelessness or foster care placement.  The 
responsible school at the time of education disruption due to homelessness or foster care 
placement shall:
A.  Within 5 school days of becoming aware of the education disruption due to 
homelessness or foster care placement, make available to the student individual 
educational materials such as curricula and assignments designed to enable the 
student to continue the student's educational programming; and:
(1)  Make available to the student individual educational materials such as 
curricula and assignments designed to enable the student to continue the student's 
educational programming; and
(2)  Provide the student with an adult mentor at the school to facilitate the 
student's transition into the school; and
B.  Within 10 days of becoming aware of the education disruption due to 
homelessness or foster care placement, work with the student and the parent or 
guardian to develop or update a school work recognition plan for the student.:
(1)  Work with the student and the parent or guardian to develop or update a 
school work recognition plan for the student;
(2)  Contact and coordinate with prior schools to ensure the award of all partial 
and full credits and other recognition the student has earned;
(3)  Provide immediate enrollment in classes in which the student has earned 
partial credits; and
(4)  Identify gaps between credits earned by the student and the credits or 
recognition typically earned by the student's peers and identify options for the 
student to close those gaps, including but not limited to immediately enrolling the 
student in classes or programs.
Sec. 5.  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 covered under this section, professional staff in the 
responsible school must be assigned to ensure the complete transfer of all records, grades 
and 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 to the responsible school no later than 5 school days after the student enrolls in the 
responsible school.
Sec. 6.  20-A MRSA §5164, last ¶, as enacted by PL 2013, c. 439, §15, is 
amended to read:
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 submit an application on 
behalf of the student or shall assist the student in making the application as required 
pursuant to section 257-A, subsection 3.
SUMMARY
This bill does the following.
1.  It amends the process for applying for a Department of Education diploma by 
requiring that the responsible school apply on behalf of a student who has experienced 
one or more education disruptions on request.  The student's parent or guardian or a 
student who is over 18 years of age may still apply directly to the Department of 
Education, and the school must assist the student in the application process.
2.  It provides that the Commissioner of Education must award a Department of 
Education diploma to a student who has experienced homelessness or has been in foster 
care who meets certain criteria and may not require that student to provide additional 
information or be interviewed.
3.  It provides that a secondary school must award a diploma to a student who has 
experienced homelessness or foster care placement if the student meets specified criteria.
4.  It provides that the responsible school for a student whose education disruption is 
due to multiple transfers or homelessness or foster care placement must compile for the 
student partial and full credits received by the student to date, provide priority enrollment 
in classes in which the student has received partial credit and immediately enroll the 
student in classes or programs to close gaps between the compilation of credits by the 
student and the credits typically earned by the student's peers.
5.  It requires the responsible school to provide an adult mentor to students who 
experience education disruption due to homelessness or foster care placement to facilitate 
transition into the school.
6.  It requires that if the responsible school determines that a student who experiences 
education disruption will not be able to graduate by the end of the student's 4th year of 
secondary school, the responsible school must provide the student information regarding 
a Department of Education diploma and apply on behalf of the student or assist the 
student in making the application.