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An Act To Expand Access to Early Postsecondary Education
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  5 MRSA §12004-C, sub-§9  is enacted to read:
 
9.   
Sec. 2. 20-A MRSA §4772, as amended by PL 2005, c. 519, Pt. XX, §§1 to 3, is repealed.
Sec. 3. 20-A MRSA §4772-A, as amended by PL 2005, c. 519, Pt. XX, §4, is repealed.
Sec. 4.  20-A MRSA §4772-B  is enacted to read:
§ 4772-B. Postsecondary courses; student eligibility
 
1.  Student eligibility.     A secondary school student may be eligible to receive state subsidy for postsecondary courses as specified in section 4775 if all the requirements of subsection 2 are satisfied and the student:
 
A.  Is enrolled in grade 11 or higher in the student's school administrative unit;
 
B.  Maintains a minimum secondary school grade point average of at least 3.0 on a scale of 4.0, or the equivalent of a "B" average, as determined by the school administrative unit; or
 
C.  Has been granted a waiver by the eligible institution.
 
For purposes of this subsection, "secondary school student" includes a student enrolled in an adult education program as defined in section 8601-A, subsection 1, a student receiving a home instruction program eligible for state subsidy pursuant to section 5021, subsection 8 or a student at a private school approved for attendance purposes pursuant to section 2901.
 
2.  Postsecondary courses.     A student that meets the criteria pursuant to subsection 1 may be eligible to receive state subsidy for postsecondary courses as specified in section 4775 as long as:
 
A.  The eligible institution has space available for the secondary school student;
 
B.  The eligible institution has determined that the student has satisfactorily completed all course prerequisites;
 
C.  The school administrative unit approves;
 
D.  The student's parent approves; and
 
E.  The student has received a recommendation to take a postsecondary course or courses at an eligible institution from the student's school administration or one of the student's secondary school teachers following an assessment of the student by the school administration.
Sec. 5. 20-A MRSA §§4774 and 4775, as enacted by PL 1997, c. 758, §2, are amended to read:
§ 4774.Credits
 
1. High school credit.   A school administrative unit mayshall grant academic credit toward a high school diploma to a student who successfully completes a course, including an online course, under this chapter.
 
2. Postsecondary credit.   The eligible institution shall grant full credit to any student who successfully completes a course, including an online course, at the eligible institution under this chapter. The course must apply to graduation requirements at the eligible institution in which it was taken or be transferable to another eligible institution on an equal basis with a course taken by any other student at the eligible institution. The eligible institution must provide parents with information on the extent to which credits gained may be transferable to other higher education institutions in the State.
§ 4775.Payment; appropriations
The department shall pay 50% of the in-state tuition for the first 3 credit hours taken each semesterup to 12 credit hours per academic year taken by a student eligible under section 4772-B at an eligible institution and up to 6 credit hours per academic year. The eligible institution may not make any additional tuition charges for the coursethose courses but may impose fees and charges, other than tuition, that are ordinarily imposed on students not covered by this chapter. The department may pay these fees and charges for a high school student eligible for free or reduced-price lunch. Funds appropriated to the department to carry out the purposes of this chapter must be in addition to the customary and ongoing amounts appropriated for general purpose aid for local schools.
Sec. 6. 20-A MRSA §4776, as enacted by PL 2007, c. 240, Pt. VVV, §2, is repealed.
Sec. 7.  20-A MRSA §4777  is enacted to read:
§ 4777. Commission on Expanding Early Postsecondary Access for High School Students
 
1.  Establishment; composition.     The Commission on Expanding Early Postsecondary Access for High School Students, established in Title 5, section 12004-C, subsection 9, referred to in this section as "the commission," consists of the following 19 members:
 
A.  Three ex officio members:
 
(1) The commissioner or the commissioner's designee;
 
(2) The Chancellor of the University of Maine System or the chancellor's designee; and
 
(3) The President of the Maine Community College System or the president's designee;
 
B.  Two Senators appointed by the President of the Senate;
 
C.  Two members of the House of Representatives appointed by the Speaker of the House; and
 
D.  The following 12 members, appointed by the Governor:
 
(1) Two representatives of private colleges or universities in the State;
 
(2) Two representatives of private nonprofit organizations that work on improving educational opportunities for Maine students;
 
(3) A representative of a statewide organization of student financial aid administrators;
 
(4) A representative of a statewide organization for college admissions administrators;
 
(5) A representative of a statewide organization of school boards;
 
(6) A representative of a statewide organization of school superintendents;
 
(7) A representative of a statewide organization of administrators of career and technical education;
 
(8) A representative of a statewide organization for adult education;
 
(9) A representative of a statewide organization of secondary school principals; and
 
(10) A representative of the Maine Education Association.
 
2.  Terms; vacancy.     The members of the commission appointed pursuant to subsection 1, paragraphs B and C serve 2-year terms concurrently with the legislative term. Members appointed pursuant to subsection 1, paragraph D serve for 3-year terms and serve until their successors are appointed. On the expiration of a term of any member appointed pursuant to subsection 1, paragraph D, a successor must be appointed to a 3-year term. A member of the commission is eligible for reappointment to the commission. A vacancy in the commission does not impair the right of a quorum of members to perform the duties of the commission. In the event of a vacancy occurring in the members appointed pursuant to subsection 1, paragraph D, the Governor shall appoint a replacement member for the remainder of the unexpired term in the same manner as the original appointment was made.
 
3.  Duties.     The commission shall develop strategies to expand access to early postsecondary opportunities for high school students in the State including:
 
A.  Determining the availability of early postsecondary opportunities in the State's high schools and the approaches by which early postsecondary opportunities are made available to students;
 
B.  Promoting and advocating for early postsecondary education programs across the State;
 
C.  Coordinating cooperation between the secondary education school system and higher education communities;
 
D.  Serving as a clearinghouse of best practices in early postsecondary education programming;
 
E.  Supporting research on the effectiveness of early postsecondary education programs on student outcomes; and
 
F.  Seeking grant funding to support the development and expansion of early postsecondary education programs.
 
4.  Chair; vice-chair.     The commissioner or the commissioner's designee is the chair of the commission. The commission shall elect from its membership a vice-chair who shall serve for a one-year term. The vice-chair serves until a successor is elected. The chair calls meetings of the commission and presides over meetings. The vice-chair serves as the chair in the absence of the chair.
 
5.  Meetings; quorum; subcommittees.     The commission shall meet at least 4 times each year. The chair shall establish meeting agendas. A quorum of the commission is 10 members. The commission may establish subcommittees of no fewer than 3 members.
 
6.  Compensation.     Members of the commission appointed pursuant to subsection 1, paragraphs B and C are entitled to legislative per diem as allowed under Title 5, section 12004-C, subsection 9 while engaged in commission activities. Members of the commission appointed pursuant to subsection 1, paragraph D are entitled to receive compensation for travel expenses as allowed under Title 5, section 12004-C, subsection 9 while engaged in commission activities.
 
7.  Assistance.     The department shall provide staff support to the commission.
 
8.  Annual report.     By January 15th annually, the commission shall submit a report of its findings and recommendations to the joint standing committee of the Legislature having jurisdiction over education matters.
Sec. 8.  20-A MRSA §8406  is enacted to read:
§ 8406. Academic skills testing
A career and technical education center shall serve as a site for the administration of assessment tests to determine college-level academic skills.
Sec. 9. 20-A MRSA §13024, sub-§1, ¶C, as amended by PL 2005, c. 662, Pt. A, §38, is further amended to read:
 
C. Personnel employed by or serving the school administrative unit as contracted service providers; and
Sec. 10. 20-A MRSA §13024, sub-§1, ¶D, as repealed and replaced by PL 2005, c. 662, Pt. A, §39, is amended to read:
 
D. Personnel for whom certification or authorization is not required prior to being hired or being placed under contract by a public school or an intermediate educational unit.; and
Sec. 11.  20-A MRSA §13024, sub-§1, ¶F  is enacted to read:
 
F.  Personnel employed in a public school as instructors of postsecondary education courses pursuant to chapter 208-A that are offered in secondary schools.
Sec. 12. Department of Education and Commission on Expanding Early Postsecondary Access for High School Students are directed to establish publicly accessible website on early postsecondary education programs. The Department of Education and the Commission on Expanding Early Postsecondary Access for High School Students, as established in the Maine Revised Statutes, Title 5, section 12004-C, subsection 9, shall establish and maintain a single publicly accessible website that includes information on early postsecondary education programs and research regarding those programs as well as hyperlinks to those programs and the research.
Sec. 13. Commission on Expanding Early Postsecondary Access for High School Students; staggered terms. Notwithstanding the Maine Revised Statutes Title 20-A, section 4777, subsection 2, when appointing original members to the Commission on Expanding Early Postsecondary Access for High School Students, the Governor shall designate 4 members to serve a one-year term, 4 members to serve a 2-year term and 4 members to serve a 3-year term.
 
SUMMARY
This bill makes the following changes to the early postsecondary education programs statutes:
1. It creates a permanent Commission on Expanding Early Postsecondary Access for High School Students;
2. It clarifies that adult education students, home school students and students from private schools are eligible for state subsidy for postsecondary courses. It also clarifies that a student may be eligible if the parents, school administrative unit and postsecondary institution approve;
3. It requires high schools to grant academic credit for postsecondary courses rather than allowing discretion;
4. It requires postsecondary institutions to provide information to students on the transferability of academic credit between postsecondary institutions;
5. It requires the Department of Education to pay 50% of tuition for up to 12 credit hours in an academic year rather than only the first 3 credit hours up to a possible 6-credit-hour maximum;
6. It adds instructors of postsecondary education courses that are offered in secondary schools to the list of personnel that are subject to the fingerprinting and background check requirements; and
7. It requires career and technical education centers to serve as sites for the administration of assessment tests to determine college-level academic skills.
The bill also requires the Department of Education and the Commission on Expanding Early Postsecondary Access for High School Students to establish and maintain a single publicly accessible website with information on early postsecondary education programs and research as well as hyperlinks to those programs and the research.