APPROVED CHAPTER
JULY 9, 2021 445
BY GOVERNOR PUBLIC LAW
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-ONE
_____
S.P. 424 - L.D. 1318
An Act To Increase High School Graduation Rates for Students Experiencing
Education Disruption
Mandate preamble. This measure requires one or more local units of government
to expand or modify activities so as to necessitate additional expenditures from local
revenues but does not provide funding for at least 90% of those expenditures. Pursuant to
the Constitution of Maine, Article IX, Section 21, 2/3 of all of the members elected to each
House have determined it necessary to enact this measure.
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-B. 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.
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 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
18 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:
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 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,
20 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:
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 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:
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§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.
Sec. 15. Appropriations and allocations. The following appropriations and
allocations are made.
EDUCATION, DEPARTMENT OF
School and Student Supports Z270
Initiative: Provides one-time funds for the costs to contract for temporary services to assist
with processing the anticipated increase in the number of applications for a diploma.
GENERAL FUND 2021-22 2022-23
All Other $19,110 $0
__________ __________
GENERAL FUND TOTAL $19,110 $0
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Statutes affected:
Bill Text LD 1318, SP 424: 20-A.257, 20-A.5161, 20-A.5163, 20-A.5164
Bill Text ACTPUB , Chapter 445: 20-A.257, 20-A.5161, 20-A.5163, 20-A.5164