Maine Education Code For Homeschooling
This is not intended to be legal advice and is distributed
for information purposes only. Check for updates at your public
library and on the Maine
Department of Education Home Instruction Information
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Compulsory attendance - between 7 and
17 years of age.
Letter of Intent - To the Commissioner of Education
within 14 calendar days of the beginning of home instruction,
and on or before September 1st of each subsequent year of home
instruction. Letter
of Intent for New Homeschoolers and for those continuing.
Parental Qualifications - None.
Testing - A statement of assurance that indicates that
the home instruction program will include an annual assessment
of the student's academic progress using one of the types of
assessment in accordance with existing regulations. To include:
i. a standardized achievement
test; or
ii. a test developed by the school officials of the administrative
unit in which the student resides; or
iii. a review and acceptance of the student's progress by
an identified individual
who holds a current Maine teacher's certificate; or
iv. a review and acceptance of the student's progress based
on, but not limited to, a presentation of an
educational portfolio of the student to a local area homeschooling
support group whose membership for this purpose includes a currently
certified Maine teach or administrator; or
v. a review and acceptance of the student's progress by a
local advisory board selected by the superintendent of the administrative
unit in which the student resides.
Curriculum - 175 days annually of instruction. Instruction
in the following subject areas: English
and language arts, math,
science, social
studies, physical
education, health education, library skills, fine
arts, and in at least one grade from grade 6-12, Maine studies.
At one grade level from grade 7 to 12, the student will demonstrate
proficiency in the use of computers.
SUMMARY
This bill provides that a child is excused from attending a public
day school if the person responsible for ensuring the child's
attendance provides a written notice of intent to provide home
instruction to the Commissioner of Education within 14 calendar
days of the beginning of home instruction. This notice must contain
a statement of assurance that the home instruction program will
provide 175 days of instruction annually and provide instruction
in the following subjects: English and language arts, math, science,
social studies, physical education, health education, library
skills, fine arts and, in at least one grade from grade 6 to
12, Maine studies. A home instruction program must also provide
that, at one grade level from grade 7 to 12, the student must
demonstrate proficiency in the use of computers.
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 20-A MRSA 5001-A, sub-3, A, as amended by PL 1991, c.
602, 1 and affected by 4 and affected by PL 1995, c. 610, 2,
is further amended to read:
A. Equivalent instruction alternatives are as follows.
(1) A person is excused from attending a public day school if
the person obtains equivalent instruction in:
(a) A private school approved for attendance purposes pursuant
to section 2901;
(b) A private school recognized by the department as providing
equivalent instruction;
(c) A manner approved by the commissioner pursuant to subparagraph
(3); or
(c-1) A home instruction program that complies with the requirements
of subparagraph (4); or
(d) Any other manner arranged for by the school board and approved
by the commissioner.
(2) A student is credited with attendance at a private school
only if a certificate showing the name, residence and attendance
of the person at the school, signed by the person or persons
in charge of the school, has been filed with the school officials
of the administrative unit in which the student resides.
(3) A person who wishes to obtain approval of equivalent instruction
under rules established by the commissioner for equivalent instruction
through home instruction shall simultaneously submit a completed
application for approval to the local board and to the commissioner.
The local board may review the application and submit comments
on the application to the commissioner within 30 days of receipt
of the application. Within 60 days of receipt of the application,
the commissioner, using state criteria established by rule, shall
decide whether to approve the equivalent instruction application.
If the commissioner denies the application, the applicant may,
within 30 days of receiving the denial, amend and resubmit the
application directly to the commissioner. The commissioner shall
make a decision within 30 days of receiving the amended application.
If an application is approved, the commissioner shall send notice
of the approval to the local board. Notice provided to local
boards under this section of applications for approval of equivalent
instruction through home instruction and of the commissioner's
decision on those applications is only for informational purposes.
Local boards are not required to play any role in the application,
review and approval, or oversight of home instruction programs.
(4) The following provisions govern a home instruction program.
(a) The person responsible for ensuring a child's attendance
shall provide a written notice of intent to provide home instruction
to the commissioner within 14 calendar days of the beginning
of home instruction. The notice must contain the following
information:
(i) The name, signature and address of the person responsible
for ensuring the child's attendance;
(ii) The name and age of the child;
(iii) The date the home instruction program will begin; and
(iv) A statement of assurance that indicates the home instruction
program will provide at least 175 days annually of instruction
and will provide instruction in the following subject areas:
English and language arts, math, science, social studies, physical
education, health education, library skills, fine arts and in
at least one grade from grade 6 to 12, Maine studies. At one
grade level from grade 7 to 12, the student will demonstrate
proficiency in the use of computers.
(b) On or before September 1st of each subsequent year of
home instruction, the person responsible for ensuring a child's
attendance shall file a letter with the commissioner stating
the intention to continue providing home instruction.
(c) Dissemination of any information filed under this subparagraph
is governed by the provisions of the federal Family Educational
Rights and Privacy Act of 1974, 20 United States Code, Section
1232g (2002) and the federal Education for All Handicapped Children
Act of 1975, 20 United States Code, Sections 1401 to 1487 (2002),
except that "directory information," as defined by
the federal Family Educational Rights and Privacy Act of 1974
is considered confidential and is not subject to public disclosure
unless the parent specifically permits disclosure in writing
or a judge orders otherwise. Annual notice regarding the privacy
provisions of this division must be provided by the department
to all individuals who file a notice of intent to provide home
instruction.
Sec. 2. 20-A MRSA 5021, first , as enacted by PL 1995,
c. 610, 1, is amended to read:
A school administrative unit shall conform to the following standards
in making public school resources and services available to a
student enrolled in an equivalent instruction program approved
by the commissioner pursuant to section 5001-A, subsection 3,
paragraph A, subparagraph (3) or enrolled in a home instruction
program under section 5001-A, subsection 3, paragraph A, subparagraph
(4) for a student otherwise eligible to attend school in that
school administrative unit.
H.P.
1327 - L.D. 1818
An Act to Require that Public Schools Permit Participation
in Curricular, Cocurricular and Extracurricular Activities for
Students Enrolled in Approved Equivalent Instruction Programs
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,
two thirds of all 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 c. 211, sub-c. I-A is enacted to
read:
SUBCHAPTER I-A
EQUIVALENT INSTRUCTION PROGRAMS
5021. Standards for participation in public schools by
students enrolled in equivalent instruction programs
A school administrative unit shall conform to the following
standards in making public school resources and services available
to a student enrolled in an equivalent instruction program approved
bv the commissioner pursuant to section 5001-A. subsection 3,
paragraph A, subparagraph (3) for a student otherwise eligible
to attend school in that school administrative unit.
1. Participation in regular classes. A student receiving
home instruction may enroll in specific day school classes at
the appropriate public school if each of the following conditions
is met.
A. The student or the student's parent or guardian, on the
student's behalf, applies in writing to and receives written
approval from the superintendent or the superintendent's designee.
Approval may not be reasonably withheld.
B. The student can demonstrate prior satisfactory academic
achievement consistent with school unit policy and procedures
applicable to all students.
C. The student shall comply with behavioral, disciplinary,
attendance and other classroom rules applicable to all students.
If a student fails to comply, the school may withhold credit
or terminate participation.
D. Transportation must be provided by the parent or guardian
or student. The student may use the same transportation as all
other students in the school unit, as long as additional expenses
are not incurred.
E. The student shall complete all assignments and tests as
required of all students in the class.
F. A home-schooled student may audit a course in accordance
with established local policy at the appropriate public school
under the following conditions.
(1) The student or the student's parent or guardian, on behalf
of the student, applies in writing to and receives written approval
from the superintendent or the superintendent's designee to audit
a specific course or courses. Participation may not be unreasonably
withheld.
(2) The student agrees to meet established behavioral, disciplinary,
attendance and other classroom rules applicable to all students.
If a student fails to comply, the school may terminate participation.
2. Academic Credit. A student receiving home-school
instruction must receive academic credit subject to the following
requirements.
A. Academic credit for individual courses must be awarded
if the student meets required academic standards applicable to
all students enrolled in the same course.
B. Academic credit must be awarded for successful completion
of alternative instruction opportunities sponsored by the school
and available to all students.
3. Special education services. A student receiving
home-school instruction is eligible for special education services,
as provided under federal regulations, in accordance with section
5001-A and relevant department procedures and standards.
4. Participation in cocurricular activities. A student
receiving home-school instruction is eligible to participate
in cocurricular activities sponsored by the local school unit
provided the following requirements are met.
A. The student or the student's parent or guardian, on behalf
of the student, applies in writing to and receives written approval
from the principal of the school or the principal's designee.
Participation may not be reasonably withheld.
B. The student agrees to meet established behavioral, disciplinary,
attendance and other rules applicable to all students.
5. Participation in extracurricular activities. Students
receiving home-school instruction are eligible to try out for
extracurricular activities sponsored by the local school unit,
provided the student applies in writing, if the following requirements
are satisfied.
A. The student agrees to abide by equivalent rules of participation
as are applicable to regularly enrolled students participating
in the activity and provides evidence that the rules of participation
are being met.
B. The student complies with the same physical examination,
immunization, insurance, age and semester eligibility requirements
as regularly enrolled students participating in the activity.
All required documentation must be made available upon request
by the school unit.
C. The student meets equivalent academic standards as those
established for regularly enrolled students participating in
the activity and provides evidence that the academic standards
are being met.
D. The student abides by the same transportation policy as
regularly enrolled students participating in the activity.
6. Use of school facilities and equipment. A student
receiving home-school instruction may use public school facilities
and equipment on the same basis as regularly enrolled students
if the following conditions are met:
A. Use does not disrupt regular school activities;
B. Use is approved by the school principal in accordance with
established school policy;
C. Use does not create additional expense to the school unit;
D. Use is directly related to the student's academic program;
and
E. Use of potentially hazardous areas, such as shops, laboratories
and the gymnasium, is supervised by a qualified employee of the
school administrative unit.
7. Use of school textbooks and library books. Subject
to availability, a student receiving home instruction may use
school textbooks if the number of particular copies are sufficient
and library books owned by the school unit subject to the following
conditions:
A. Use does not disrupt regular student, staff or special
program functions;
B. The student's sign-out period for a library book is the
same as that applicable to regularly enrolled students;
C. The student may sign out a textbook for a period not to
exceed one year; and
D. The parent or guardian and student agree to reimburse the
school unit for lost, unreturned or damaged library books and
textbooks and for consumable supplies used.
5022. Admission to regular program
1. Placement. A student who has been receiving home-school
instruction and who seeks admission to the regular school program
must be placed in a grade commensurate with the level of the
student's academic achievement. Placement must be guided by the
following.
A. Grade level placement is determined by the locally designated
appropriate school staff, based upon but not limited to such
factors as the student's completed curricula and record of achievement,
conferencing with the student's parent or guardian and administration
of tests, if determined necessary.
B. The final grade level placement decision is based upon
local school unit policy and procedures. That decision may be
appealed to the school unit superintendent and, if desired, subsequently
to the local school board, whose decision is final.
2. High school course credits and diploma eligibility.
The following standards govern the awarding of course credits
and a graduation diploma to a student receiving home-school instruction
who seeks admission to the public high school.
A. A student shall earn high school credits for satisfactory
completion of courses in the public high school pursuant to section
5021, subsection 2, paragraph A.
B. A student may earn credit for course work completed through
home-school instruction if the principal determines both in advance
and upon completion of the course that the course satisfies the
requirements for awarding the credit. The principal may direct
that the student undergo a test or tests to assist in making
a determination relative to the awarding of credit.
C. Requests for transfer credit for equivalent instruction
completed at nonapproved private schools, at private schools
that elect not to meet requirements under section 2901 or through
other equivalent instruction programs must be evaluated on the
merits of the documentation provided. The principal and guidance
staff shall conduct these evaluations on request by the student
or the student's parent or guardian.
D. Awarding of a high school diploma by the local school is
conditioned upon the student's demonstration of having satisfied
all course credit or other requirements established by the local
school board. The local board of directors may establish resident
credit requirements as a precondition for the awarding of a local
school unit diploma.
5023. Standards for participation when tuition payment
is required
When the local public school unit does not provide academic
instruction for specific grade levels, the following applies
for students enrolled in an approved program of equivalent instruction.
1. Class participation. The home-schooled student or
the student's parent or guardian shall request authorization
from the resident local school unit to apply to another school
unit for permission to participate in classes or activities in
that other school unit.
2. Tuition payment. Tuition payments for home-schooled
student participation in a local school unit, including attendance
at an applied technology center or an applied technology region,
other than the applicant's resident district is the responsibility
of the home-schooled student, the student's parent or guardian
or the student's resident school administrative unit, in accordance
with local school unit policy. Participation may not be unreasonably
withheld.
3. Participation eligibility. A tuitioned home-schooled
student is subject to the rules relating to eligibility for participation
in cocurricular or extracurricular activities as may apply at
the receiving school unit.
4. Interscholastic activities. A tuitioned home-schooled
student attending classes in more than one receiving school unit
is not eligible for participation in interscholastic activities
at any local school unit.
5024. Local school unit policy
Each school administrative unit shall develop and adopt a
policy consistent with this subchapter. Establishment and administration
of the local school unit policy is subject to the following.
1. Policy. Local school unit policy must be submitted
to and place on file in the department by January 1, 1997.
2. Implementation. Locally approved policy is implemented
and administered by the local school unit.
3. Provision of information. At the request of the
student of the student's parent or guardian, public schools shall
make available to home-schooled students, in a form determined
by the school, information regarding access to public school
resources and services, participation in public school activities
and attendance at public schools. This information may include:
A. Requirements regarding initial health and developmental
screening for motor skills, vision, hearing and immunization;
and
B. Criteria for participation of home-schooled students in
curricular, cocurricular and extracurricular activities.
4. Appeals. Appeals from administration and application
of the local school unit policy are heard by the local school
unit's school board, whose decision is final and binding.
5025. Compliance
Appeals that question the local school unit's policy compliance
with this subchapter must be made to the Commissioner, whose
decision is final and binding.
Sec. 2. Construction; legislative intent; cooperation between
the State and local school administrative units. With respect
to the provision for equivalent instruction under the Maine Revised
Statutes, Title 20-A, section 5001-A, subsection 3, paragraph
A, subparagraph (3), the Legislature recognizes that the term
"equivalent" is intended to mean meeting state standards,
for alternate or other instruction and is not intended to mean
the same as the education delivered in the public school system.
It is the intention of the Legislature that, to meet the State's
obligation to educate its children, the State and local school
administrative units shall cooperate in the home instruction
of any child who resides in that school administrative unit to
the degree that the level of cooperation does not interfere with
the responsibilities to students enrolled in regular programs.
Other Resources
Living with Maine's Chapter 130
By Earl Stevens. Sometimes parents have wondered how it could
be possible to practice home education in their own ways and
still be in compliance with Chapter 130.
Maine
Department of Education Home Instruction Information
The official site for information about legal homeschooling in
Maine.
5021.
Standards for participation in public schools by students enrolled
in equivalent instruction programs
Return to
Maine homeschooling legal information.
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