An Act To Increase High School Graduation Rates for Students Experiencing Education Disruption
Maine Legislature, Session 130, LD 1318
Committee: Education and Cultural Affairs
Sponsors: LIBBY, BRENNAN
Amends: 20-A MRSA §257-A, 20-A MRSA §5161, 20-A MRSA §5163, 20-A MRSA §5164, 20-A MRSA §5165

Legislative Document
No. 1318
S.P. 424
In Senate, March 29, 2021
An Act To Increase High School Graduation Rates for Students 
Experiencing Education Disruption
Reference to the Committee on Education and Cultural Affairs suggested and ordered 
printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator LIBBY of Androscoggin.
Cosponsored by Representative BRENNAN 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.  "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.
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 to the commissioner of an 
application for a Department of Education diploma 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 
years of age or is a student experiencing homelessness. Community providers may also 
assist in the application process. The commissioner may require only information on an 
application 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 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.; 
or
D.  The student's being an immigrant student or a migrant student.
"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 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 placing 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 subsection, 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 and 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 United States Department of Education's migrant education 
program with a certificate of eligibility pursuant to the federal Every Student Succeeds Act, 
United States Code, Chapter 70, Subchapter 1, Part C 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, the student's parents or guardians, previous schools the student attended, interim 
programs the student attended and other relevant agencies, that outlines how a student who 
is experiencing, or who has experienced, an education disruption will make is making and 
demonstrate is demonstrating 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:
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, Chapter 119.
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 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:
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 a 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 a Department of Education diploma if the student is 
unable to complete the diploma requirements of either the responsible school or previously 
attended school.
SUMMARY
This bill amends the laws regarding students who experience education disruption and 
Department of Education diplomas as follows.
1. It amends the definition of "education disruption" to include migrant students who 
have been identified as such by the United States Department of Education's 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 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 graduation requirements of that school but cannot complete the new 
school's requirements.