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.
Printed on recycled paper 1 Be it enacted by the People of the State of Maine as follows:
2 Sec. 1. 20-A MRSA §257-A, as enacted by PL 2013, c. 439, §2, is amended to 3 read:
4 §257-A. Department of Education diploma
5 The commissioner shall issue a Department of Education diploma to a student who 6 qualifies for the diploma pursuant to this section. A Department of Education diploma 7 has the same legal status as a diploma awarded by a school administrative unit.
8 1. Eligibility to apply for diploma. A student is eligible to apply for a Department 9 of Education diploma if that student is unable to satisfy the requirements for a diploma 10 from a school administrative unit because the student experienced one or more education 11 disruptions, as defined in section 5161, subsection 2-A, during the student's educational 12 history.
13 1-A. Definitions. As used in this section, unless the context otherwise indicates, the 14 following terms have the following meanings. 15 A. "Education disruption" has the same meaning as in section 5161, subsection 2-A. 16 B. "Responsible school" has the same meaning as in section 5161, subsection 5-A 17 and includes a school identified pursuant to section 5163, subsection 6. 18 C. "Student experiencing homelessness" means a student who has been identified by 19 a school administrative unit or local education agency as a homeless child or youth as 20 defined in the federal McKinney-Vento Homeless Education Assistance 21 Improvements Act of 2001, 42 United States Code, Section 11431, et seq. 22 2. Standard for awarding diploma. The commissioner shall issue a diploma under 23 this section only to a student who demonstrates achievement of the content standards of 24 the system of learning results established pursuant to section 6209.
25 3. Process. A student who seeks a Department of Education diploma shall submit an 26 application to the commissioner, including The responsible school shall submit an 27 application for a Department of Education diploma to the commissioner on behalf of any 28 student who has experienced one or more education disruptions during the student's 29 educational history on the request of the student's parent or guardian or on the request of 30 the student if the student is at least 18 years of age or is a student experiencing 31 homelessness. The parent or guardian of such a student or a student who is at least 18 32 years of age or is a student experiencing homelessness may submit an application directly 33 to the commissioner, and the responsible school shall assist in the application process. 34 An application must include such evidence of student achievement and other information 35 as is required by the commissioner. Evidence of student achievement may include, but is 36 not limited to, transcripts, waivers, academic reports and school work recognition plans. 37 The commissioner shall form a review team to review evidence of student achievement 38 and to make a recommendation to the commissioner on the awarding of a diploma under 39 this section. The commissioner shall make the final determination of eligibility for a 40 diploma under this section.
Page 1 - 129LR2862(01)-1 1 4. Exception for award of diploma for student experiencing homelessness or in 2 foster care. Notwithstanding subsection 3, upon receipt of an application for a diploma 3 for a student experiencing homelessness or who has been in foster care, the commissioner 4 shall issue a diploma under this section and may not require additional information or an 5 interview with the student if the student meets the standard for awarding a diploma under 6 subsection 2 and: 7 A. Has been identified as a student experiencing homelessness at any time after 8 beginning grade 7 or has been in foster care; 9 B. Is unable to satisfy the requirements for a diploma from a school administrative 10 unit by the end of the student's 4th year of secondary school; and 11 C. Has been enrolled in more than one school after the student's 2nd year of 12 secondary school. 13 Sec. 2. 20-A MRSA §4722, sub-§6-A is enacted to read: 14 6-A. Exception for students who are experiencing homelessness or in foster 15 care. A secondary school shall award a diploma to a student who: 16 A. At any time after beginning grade 9 has been identified by a school administrative 17 unit or local education agency as a homeless child or youth as defined in the federal 18 McKinney-Vento Homeless Education Assistance Improvements Act of 2001, 42 19 United States Code, Section 11431, et seq., or has been in foster care; 20 B. Is unable to satisfy the requirements for a diploma from the current school 21 administrative unit by the end of the student's 4th year of secondary school; 22 C. Has been enrolled in more than one school after the student's 2nd year of 23 secondary school; and 24 D. Would have been able to satisfy the requirements for a diploma from the school 25 administrative unit where the student previously attended secondary school by the 26 end of the student's 4th year of secondary school had the student remained at that 27 school. 28 Sec. 3. 20-A MRSA §5163, sub-§3, ¶B, as enacted by PL 2013, c. 439, §15, is 29 amended to read: 30 B. Compile for the student the partial and full credits or other recognition received 31 by the student to date, provide priority enrollment in classes in which the student has 32 partial credits, identify gaps between that compilation and the credits or recognition 33 typically earned by the student's peers and identify options for the student to close 34 those gaps, if possible including but not limited to immediately enrolling the student 35 in classes or programs. 36 Sec. 4. 20-A MRSA §5163, sub-§4, as enacted by PL 2013, c. 439, §15, is 37 amended to read:
38 4. Education disruption due to homelessness or foster care placement. The 39 responsible school at the time of education disruption due to homelessness or foster care 40 placement shall:
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