Maine
Legislature
Maine Home Schooling
Compulsory School Age
For Maine homeschool laws the new Chapter to
reference is Chapter 181. Under Chapter 181, parents who are
homeschooling will file a Notice of Intent to Homeschool. The Notice of
Intent to Homeschool must include the following information:
1. the name, signature and address of the student's parent or guardian
2. the name and age of the student
3. 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 - 12, the student will
demonstrate proficiency in the use of computers;
4. A statement of assurance that indicates that the home instruction
program will include an annual assessment of the student's academic
progress that includes one of the approved methods of assessment
(portfolio review, achievement test - a state certified teacher verifies
that the child has made progress)
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.
