An Act To Promote School Attendance and Increase School Achievement
Sec. 1. 20-A MRSA §1, sub-§2-A, ¶C, as enacted by PL 2007, c. 667, §3, is amended to read:
Sec. 2. 20-A MRSA §1, sub-§24-D is enacted to read:
Sec. 3. 20-A MRSA §1001, sub-§8-A is enacted to read:
(1) Provide written notice to the parents or legal guardian and the student of:
(a) The date, time and location of the hearing;
(b) A description of the incident or incidents that occasioned the expulsion hearing and the exhibits and testimony the superintendent intends to introduce at the hearing with sufficient specificity to allow the student to present a defense;
(c) The student's and parents' or legal guardian's right to review the school records prior to the hearing;
(d) A description of the hearing process;
(e) An explanation of the consequences of an expulsion; and
(f) The student's right to appeal the decision of the school board to the Superior Court within 30 days; and
(2) Invite the parents or legal guardian and student to a meeting prior to the expulsion hearing to discuss the procedures of the hearing.
(1) The student has the right to present and cross-examine witnesses;
(2) The student has the right to an attorney or other representation;
(3) Witnesses must be sworn in and the chair of the hearing has the authority to swear witnesses in; and
(4) The school board shall maintain a record of the hearing.
Sec. 4. 20-A MRSA §1001, sub-§9, as amended by PL 1997, c. 298, §1, is further amended to read:
A student has 30 days to appeal a decision of the school board to the Superior Court. A student may be readmitted on satisfactory evidence that the behavior that was the cause of the student being expelled will not likely recur and that the student has met the requirements of the reentry plan developed in accordance with subsection 9-C. The school board may authorize the principal to suspend students up to a maximum of 10 days for infractions of school rules. In addition to other powers and duties under this subsection, the school board may develop a policy requiring a student who is in violation of school substance abuse or possession rules to participate in substance abuse services as provided in section 6606. Nothing in this subsection or subsection 9-C prevents a school board from providing educational services in an alternative setting to a student who has been expelled.
Sec. 5. 20-A MRSA §1001, sub-§9-C is enacted to read:
Sec. 6. 20-A MRSA §1001, sub-§15-A is enacted to read:
The school board shall ensure that administrators inform students, parents and school personnel of the districtwide school disciplinary policies.
Sec. 7. 20-A MRSA §3271, sub-§3, ¶C, as enacted by PL 1985, c. 490, §8, is amended to read:
Sec. 8. 20-A MRSA §3272, sub-§1, as enacted by PL 1985, c. 490, §8, is repealed.
Sec. 9. 20-A MRSA §3272, sub-§2, as repealed and replaced by PL 2007, c. 304, §1, is amended to read:
Sec. 10. 20-A MRSA §3273, sub-§1, as repealed and replaced by PL 2007, c. 304, §3, is amended to read:
Sec. 11. 20-A MRSA §5001-A, sub-§1, as enacted by PL 1983, c. 806, §49, is amended to read:
Sec. 12. 20-A MRSA §5001-A, sub-§2, as amended by PL 2009, c. 330, §§1 to 3, is further amended to read:
(1) Reached the age of 15 16 years of age or completed the 9th grade;
(2) Permission Obtained permission to leave school from that person's parent or legal guardian;
(3) Been approved by the principal for a suitable program of work and study or training;
(3-A) Has met with the superintendent or the superintendent's designee to discuss the decision to withdraw from school; and
(4) Permission Obtained permission to leave school from the school board or its designee; and
(5) Agreed in writing with that person's parent and the school board or its designee to meet annually until that person's 17th birthday to review that person's educational needs. When the request to be excused from school has been denied pursuant to this paragraph, the student's parent may appeal to the commissioner;
Sec. 13. 20-A MRSA §5031, sub-§1, as enacted by PL 2009, c. 626, §1, is amended to read:
(1) Department of Education diploma as described under section 5161;
(2) High school equivalency diploma as described under section 257; and
(3) High school equivalency diploma obtained through a high school completion course that includes general educational development preparation courses from an adult education program as described in chapter 315.
The department shall adopt rules specifying that the methods used to calculate publicly supported secondary school graduation rates through the 2015-2016 school year must include calculations for 5-year and 6-year adjusted cohort graduation rates under paragraphs A and B and other descriptors of academic success under paragraph C.
Sec. 14. 20-A MRSA §5051-A, as amended by PL 2007, c. 304, §§5 to 7, is further amended to read:
§ 5051-A. Truancy
(1) Frequent communication between the teacher and the family;
(2) Changes in the learning environment;
(3) Mentoring;
(4) Student counseling;
(5) Tutoring, including peer tutoring;
(6) Placement into different classes;
(7) Evaluation for alternative education programs;
(8) Attendance contracts;
(9) Referral to other agencies for family services; and
(10) Other interventions, including, but not limited to, referral to the school attendance coordinator, student assistance team or dropout prevention committee.
Failure of the student or the student's parents to appear at scheduled meetings does not preclude the school administrators from implementing a plan to address the student's habitual truancy.
(1) Frequent communication between the teacher and the family;
(2) Changes in the learning environment;
(3) Mentoring;
(4) Student counseling;
(5) Tutoring, including peer tutoring;
(6) Placement into different classes;
(7) Consideration of multiple pathways as described under section 4703;
(8) Attendance contracts;
(9) Referral to other agencies for family services; and
(10) Other interventions, including, but not limited to, referral to the school attendance coordinator, student assistance team or dropout prevention committee.
Failure of the student or the student's parents or guardian to appear at scheduled meetings does not preclude the school administrators from implementing an intervention plan to address the student's truancy.
(1) Identifying school personnel responsible for notifying the response to intervention team when a student is truant;
(2) A process for referral of a student who is truant, including identifying school personnel responsible for inviting the parents or guardian and the student to participate in any meeting that results from this referral;
(3) A timeline for setting up a meeting and developing an intervention plan under paragraph A-2;
(4) A plan for dealing with future absences of a student who is truant; and
(5) A plan for reporting of the results of the response to intervention team.
(1) State that the student is required to attend school pursuant to section 5001-A;
(2) Explain the parent's right to inspect the student's attendance records, attendance coordinator's reports and principal's reports;
(3) Explain that the failure to send the student to school and maintain the student in regular attendance is a civil violation in accordance with section 5053-A and explain the possible penalties will jeopardize the student's status in the grade that the student is in;
(4) State that the superintendent or the superintendent's designee may notify the local law enforcement department of a violation of this statute section 5053-A and the Department of Health and Human Services of a violation under subsection 1 , paragraph C; and
(5) Outline the plan developed to address the student's habitual truancy and the steps that have been taken to implement that plan.
(1) Is off school grounds during school hours; and
(2) Is not under the supervision of school personnel.
(1) Identify the number of habitual truants in the school administrative unit in the preceding school year;
(2) Describe the unit's efforts to deal with habitual truancy;
(3) Account for actions brought under this section including the number of truants reported to the response to intervention team; and
(4) Include any other information on truancy requested by the commissioner.
Sec. 15. 20-A MRSA §5052-A, as amended by PL 2007, c. 143, §1, is further amended to read:
§ 5052-A. Attendance coordinators
The following provisions apply to attendance coordinators.
Sec. 16. 20-A MRSA §5053-A, sub-§1, as amended by PL 2007, c. 304, §8, is further amended to read:
Sec. 17. 20-A MRSA §5053-A, sub-§2, as enacted by PL 2003, c. 533, §5, is amended to read:
Sec. 18. 20-A MRSA §5053-A, sub-§4, as amended by PL 2007, c. 304, §9, is further amended to read:
Sec. 19. 20-A MRSA §5054, as enacted by PL 1989, c. 415, §26, is amended to read:
§ 5054. Employment of truants prohibited
Any firm or corporation, or agent or manager of any firm or corporation, who hires or otherwise engages any student who is habitually truant as defined in this subchapter without a release from the student's supervising superintendent of schools shall be is subject to the penalty provided in Title 26, section 781.
Sec. 20. 20-A MRSA §5151, sub-§2, ¶J, as enacted by PL 1985, c. 774, §5, is amended to read:
Sec. 21. 20-A MRSA §5154 is enacted to read:
§ 5154. Department assistance
The commissioner may expend and disburse funds to school administrative units for the support of interventions that may prevent a student from becoming a truant or a dropout.
School administrative units may request disbursements from the funds established under this section to provide appropriate intervention programs and services. The commissioner's consultant on truancy, dropouts and alternative education under section 5151 shall provide technical assistance to school administrative units requesting a disbursement from these funds.
Sec. 22. 20-A MRSA §15676, sub-§2, as amended by PL 2005, c. 2, Pt. D, §39 and affected by §§72 and 74 and c. 12, Pt. WW, §18, is further amended to read:
Sec. 23. 20-A MRSA §15679, sub-§6, as enacted by PL 2003, c. 504, Pt. A, §6, is amended to read:
Sec. 24. 20-A MRSA §15679, sub-§7 is enacted to read:
Sec. 25. 22 MRSA §4002, sub-§1, as amended by PL 2007, c. 304, §10, is further amended to read:
Sec. 26. 26 MRSA §775, sub-§2, ¶A, as enacted by PL 1991, c. 544, §5, is amended to read:
Sec. 27. 30-A MRSA §451, sub-§9, ¶A, as enacted by PL 1987, c. 737, Pt. A, §2 and Pt. C, §106 and amended by PL 1989, c. 6; c. 9, §2; and c. 104, Pt. C, §§8 and 10, is further amended to read:
Sec. 28. Maine Revised Statutes headnote amended; revision clause. In the Maine Revised Statutes, Title 20-A, chapter 211, subchapter 2, in the subchapter headnote, the words "habitual truants" are amended to read "truants" and the Revisor of Statutes shall implement this revision when updating, publishing or republishing the statutes.
Sec. 29. Appropriations and allocations. The following appropriations and allocations are made.
EDUCATION, DEPARTMENT OF
Mental Health and Substance Abuse Services
Initiative: Provides funds for school administrative units to provide mental health and substance abuse services for students struggling with mental health and substance abuse issues.
GENERAL FUND | 2011-12 | 2012-13 |
All Other
|
$500,000 | $500,000 |
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|
GENERAL FUND TOTAL | $500,000 | $500,000 |
Educational Services for Expelled Students
Initiative: Provides funds to school administrative units to provide educational services for students expelled from school.
GENERAL FUND | 2011-12 | 2012-13 |
All Other
|
$100,000 | $100,000 |
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|
GENERAL FUND TOTAL | $100,000 | $100,000 |
EDUCATION, DEPARTMENT OF | ||
DEPARTMENT TOTALS | 2011-12 | 2012-13 |
GENERAL FUND
|
$600,000 | $600,000 |
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|
DEPARTMENT TOTAL - ALL FUNDS | $600,000 | $600,000 |
summary
This bill implements the recommendations of the stakeholder group established by the Commissioner of Education pursuant to Public Law 2009, chapter 626. The charge provided to the stakeholder group was to develop methodologies and recommendations relating to increasing high school graduation rates and to address other policy issues pertaining to school expulsion, suspension, zero-tolerance practices and truancy in the State. The bill accomplishes the following.
1. It requires the Department of Education to obtain more accurate and complete data in calculating high school graduation rates. In addition to calculating the 4-year adjusted cohort graduation rate required by the Federal Government, the department is required to collect and record graduation rates for a 5-year cohort and a 6-year cohort and also use other descriptors of academic success for school-age students on a statewide aggregate basis, including the Department of Education diploma, high school equivalency diploma obtained through adult education and the general equivalency diploma.
2. It changes the law regarding compulsory school age by reducing the age when a child must start school from 7 to 6 years of age and by increasing the age threshold under which a child who has not attained high school graduation or equivalency is expected to attend secondary school from 17 to 20 years of age. The bill also amends the exceptions to the compulsory school age requirements.
3. It amends the truancy laws by striking all references to "habitual" truancy. It changes the provisions for determining truancy and removes the requirement that local law enforcement be notified of a truant student. It describes response to intervention teams for schools and their duties, including assessing situations of student truancy and developing and helping implement intervention plans for truant students.
4. It clarifies provisions pertaining to the qualifications and role of school attendance coordinators and requires superintendents to appoint attendance coordinators. In current law, school attendance coordinators are elected. It establishes that the salary costs of attendance coordinators are eligible for state subsidy under the Essential Programs and Services Funding Act.
5. It directs school boards to review policies and procedures established for the code of conduct and school discipline, including provisions that encourage school boards to focus the code of conduct on positive intervention and expectations rather than unacceptable student behavior and to focus school disciplinary policies on evidence-based positive and restorative interventions rather than set punishments for specific behavior. The bill also requires that schools provide notice to parents or legal guardians of a student's suspension regardless of whether it is an in-school or out-of-school suspension and discourages the use of zero-tolerance practices in school discipline.
6. It establishes due process standards for school expulsion proceedings to inform students and their parents or legal guardians of the procedural steps involved in and of their legal rights prior to, during and following the due process hearing and provide an explanation of the consequences of expulsion.
7. It amends the laws regarding school expulsion to require that all students who have been expelled from school must be provided with a written reentry plan, developed by the superintendent in consultation with the student and the student's parents or legal guardian, that provides guidance to the expelled student regarding what the student must do to establish satisfactory evidence that the behavior that resulted in the expulsion will not likely recur.
8. It further amends the laws regarding school expulsion to authorize school boards to provide educational services to an expelled student in an alternative setting.
9. The bill also provides for an ongoing appropriation of funds to the Department of Education to disburse to school administrative units that request funding for providing appropriate interventions to students who are at risk of becoming truants or dropouts due to an expulsion from school or who struggle with mental health and substance abuse issues.