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MAINE
Compulsory Attendance Ages: 7 years of age and under 17, or graduated, or 15
with parent and school board permission, or full-time attendance at accredited
college with commissioner approval, MRSA tit. 20-A, § 5001-A sub-§§1 and 2.
Required Days of Instruction: 175 days.
Required Subjects:
Option 1: English and language arts, math, science, social studies, physical
and health education, library skills, fine arts, Maine studies (in one grade
between grades 6 and 12), and computer proficiency (in one grade between grades
7 and 12). MRSA tit. 20-A, §5001-A, sub-§3A.(4)(a)(iv).
Option 2: English (reading, writing, spelling, grammar), math, science,
American history, Maine history and geography, and government (including the
privilege and responsibility of citizenship).
Parents may either follow the home school statute or participate in a
Non-Approved Private School.
Option 1: Homeschool Statute: Maine Revised Statutes Annotated (MRSA) title
(tit.) 20-A, §5001-A, sub-§3A.(4). (The commissioner’s power to adopt home
school rules was abolished in 2007 by LD 150) A child is excused from attending
school if instructed in a home instruction program meeting the following
statutory requirements.
1. Within 10 days of starting home instruction for a student the parent must
file a one-time notice of intent with both the local superintendent and
Commissioner of Education containing:
a. name, signature, and address of the parent or guardian,
b. the name and age of the student,
c. the date home instruction will or did begin,
d. a statement of assurance that instruction will be provided for at least 175
days annually and will cover the subjects listed above, and
e. a statement of assurance that the parents will submit a year-end assessment.
2. Each year thereafter, by September 1 the parent must submit a letter to both
the local superintendent and state commissioner of education enclosing the
year-end assessment (see “Standardized Tests” below) and stating the intention
to continue the student’s home instruction. MRSA tit. 20-A, § 5001-A,
sub-§3.A.(4)(b).
3. Parents must keep copies of items submitted under #1 and #2 above until the
home school program concludes. They must be made available to the commissioner
upon request. The confidentiality of all records is protected. MRSA tit. 20-A, §
5001-A, sub-§3.A.(4)(c).
Copyright 2008, HSLDA, all rights reserved. May be reproduced only by
permission.
THIS ANALYSIS DOES NOT CONSTITUTE THE GIVING OF LEGAL ADVICE.
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Option 2: Non-approved Private Schools: Parents of at least 2 unrelated
students may form a Non-Approved Private School (“NAPS”). MRSA tit. 20-A, §
5001-A, sub-§3.A.(1)(b). Pursuant to the Commissioner of Education and Cultural
Services’ memo, “Guidelines for Equivalent Instruction in Non-Approved Private
Schools”, to be “recognized” as providing equivalent instruction, the chief
administrative official of the NAPS should:
1.
Annually by Oct. 1 file a letter with the Commissioner stating that the school:
a.
Complies with applicable state and local safety fire and health laws; will
report the names, addresses, and grade levels of all students to the
superintendent of the school system in which each student resides;
b.
Operates at least 175 days or 875 hours;
c.
Provides instruction appropriate to the grade level in: English (reading,
writing, spelling, grammar), math, science, American history, Maine history and
geography, and government (including the privilege and responsibility of
citizenship);
d.
Has examined and approved all teachers for competence;
e.
Will furnish parents with at least 4 academic progress reports annually;
f.
Will inform parents of methods of assessment, grade level of assessments, and
results;
2.
Annually notify parents in writing of the school’s commitment to follow these
guidelines, stating the essence of each guideline. (Parents do not need to file
anything with state or local officials.)
3.
Note: Under Bangor Baptist Church v. Maine, 576 F. Supp.1299 (D.Me.1983), the
Commissioner has no authority to compel a NAPS to follow any guidelines or
regulations. Nonetheless, if the guidelines are not followed, parents may have
much greater difficulty establishing they are providing "equivalent instruction"
as required under MRSA tit. 20-A, §5001-A, sub-§3.A.(1)(b).
Teacher Qualifications: Option 1—none. Under Option 2, the NAPS administrator
must approve its teachers’ competence.
Standardized Tests: Option 2—none (but school must provide 4 progress reports
to parents annually—see above). Under Option 1, annually submit to both the
local superintendent and Commissioner of Education the results from among the
following options:
1.
official results of any national standardized achievement test; or
2.
results of a test developed by local school officials; or
3. review and acceptance of progress by: (a) a Maine certified teacher; (b) a
homeschool support group that includes for this purpose a Maine certified
teacher or administrator who has reviewed a portfolio of the student’s work; or
(c) an advisory board the superintendent appoints composed of two homeschool
teachers and one school official (must be arranged before school year starts).
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