An Act To Amend the Laws Governing Home Instruction
Maine Legislature, Session 121, LD 0160
Committee: Education and Cultural Affairs
Sponsors: WESTON, GAGNE-FRIEL, BENNETT, BRENNAN, DAVIS, MITCHELL, SAVAGE, CLOUGH, CUMMINGS
Amends: 20-A MRSA §5001-A

MAINE STATE LEGISLATURE 
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l2lst MAINE LEGISLATURE 
Legislative Document 
No. 160 
S.P.83 
In Senate, January 21,2003 
An Act To Amend the Laws Governing Home Instruction 
Reference to the Committee on Education and Cultural Affairs suggested and ordered 
printed. 
Presented by Senator WESTON of Waldo. 
Cosponsored by Representative GAGNE-FRIEL of Buckfield and 
JOY J. O'BRIEN 
Secretary of the Senate 
Senators: BENNETT of Oxford, BRENNAN of Cumberland, DAVIS of Piscataquis, 
MITCHELL of Penobscot, SAVAGE of Knox, Representatives: CLOUGH of Scarborough, 
CUMMINGS of Portland, McKENNEY of Cumberland. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 20-A MRSA §5001-A, sub-§3, 1rA, as amended by PL 1991, 
c. 602, §l 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); e~ 
(c-l) 
A home instruction program that complies 
with the reguirements 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 
days 
of receipt of the 
application. 
Within 
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 
days 
of 
rece~v~ng 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 
Page l-LR0030(1) 
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 
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 11', 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. 
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 
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 
ins~ruction 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.