An Act To Amend the Laws Governing Home Instruction
Maine Legislature, Session 121, LD 0160
Committee Amendment CA_A_S79 (Senate)
Amends: 20-A MRSA §5021, 20-A MRSA §6001

COMMITTEE AMENDMENT .. A 
.. to S.P. 83, L.D. 160, Bill, "An Act 
To Amend the Laws Governing Home Instruction" 
Amend the bill by striking out everything after the title 
and before the summary and inserting in its place the following: 
. Emergency preamble. Whereas, Acts of the Legislature do not 
become effective until 90 days after adjournment unless enacted 
as emergencies; and 
Whereas, parents 
and 
guardians 
who 
intend 
to 
provide 
equivalent instruction through a 
home instruction program for 
their children in the 2003-2004 school year will need sufficient 
time to prepare their plans for providing a 
home instruction 
program prior to the start of the upcoming school year; and 
Whereas, in the judgment of the Legislature, these facts 
create an emergency wi thin the meaning of the Constitution of 
Maine 
and 
require 
the 
following 
legislation 
as 
immediately 
necessary for the preservation of the public peace, health and 
safety; now, therefore, 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 20-A MRS A §5001-A, sub-§3, 1fA, 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: 
Page l-LR0030(2) 
COMMITTEE AMENDMENT 
~~ 
, 
,., 
COMMITTEE AMENDMENT "A" to S.P. 83, L.D. 160 
(a) 
A private 
school 
approved 
for 
attendance 
purposes pursuant to section 2901; 
(b) 
A private school recognized by the department 
as providing equivalent instruction; 
fe}---~--ffiaRReF--~~--By--~~--eemmissieReF 
PQFSQaR~-~e-SQBpaFa~Faph-f~}T-eF 
(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. 
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COMMITTEE AMENDMENT 
~~ " 
COMMITTEE AMENDMENT ,A .. to S.P. 83, L.D. 160 
(4) 
The following provisions govern a home instruction 
program. 
(a) 
The 
student's 
parent 
or 
guardian 
shall 
provide a written notice of intent to provide home 
instruction simultaneously to the school officials 
of the administrative unit in which the student 
resides and to the commissioner within 10 calendar 
days of the beginning of home instruction. 
The 
notice must contain the following information: 
(i) 
The name, signature and address of the 
student's parent or guardian; 
(ii) 
The name and age of the student; 
(iii) 
The date the home instruction program 
will begin; 
(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; and 
(v) 
A statement of assurance that indicates 
that 
the 
home 
instruction 
program 
will 
include an annual assessment of the student's 
academic progress that includes at least one 
of 
the 
forms 
of 
assessment 
described 
in 
division (b). 
(b) On or before September 1st of each subseguent 
year of home instruction, the student's parent or 
guardian shall file 
a 
letter with 
the 
school 
officials of the administrative unit in which the 
student resides and the commissioner stating the 
intention to continue providing home instruction 
and enclose a copy of one of the following forms 
of annual assessment of the student's academic 
progress: 
COMMITTEE AMENDMENT 
,. 
~ 
COMMITTEE AMENDMENT "~,, to S.P. 83, L.D. 160 
(i) 
A 
standardized 
achievement 
test 
administered through the administrative unit 
in which the student resides or through other 
arrangements 
approved 
by 
the 
commissioner. 
If 
the 
test is 
administered 
through 
the 
administrative 
unit 
in 
which 
the 
student 
resides, that administration must be agreed 
to 
by 
the 
school 
officials 
of 
the 
administrative unit prior to submission of 
the written notice of intent to provide home 
instruction; 
(ii) A test developed by the school officials 
of 
the 
administrative 
unit 
in 
which 
the 
student resides appropriate to the student's 
home 
instruction 
program, 
which 
must 
be 
agreed to by the school officials of the 
administrative unit prior to submission of 
the written notice of intent to provide home 
instruction; 
( iii) 
A 
review 
and 
acceptance 
of 
the 
student's 
progress 
by 
an 
identified 
individual 
who 
holds 
a 
current 
Maine 
teacher's certificate; 
(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 
teacher 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 
that 
includes one administrative unit employee and 
home instruction tutors. 
For the purpose 
of 
this 
SUbdivision, 
a 
"home 
instruction 
tutor" means the parent, guardian or other 
person who acts or will act as 
a 
primary 
teacher 
of 
the 
student 
in 
the 
home 
instruction program. 
This provision must be 
agreed to by the school officials of the 
administrative 
unit 
in 
which 
the 
student 
resides prior to submission of the written 
notice of intent to provide home instruction. 
COMMITTEE AMENDMENT 
(;' 
~,~ 
t 
~ 
COMMITTEE AMENDMENT .. p 
.. , 
to S.P. 83, L.D. 160 
(c) 
Dissemination of any information filed under 
this subparagraph is governed by the provisions of 
section 
6001; 
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 confidential and is 
not subject to public disclosure unless the parent 
or guardian specifically permits disclosure 
in 
writing or a 
judge orders otherwise. 
Copies of 
the information filed under this subparagraph must 
be maintained by the student's parent or guardian 
until the home instruction program concludes. 
The 
records must be made available to the commissioner 
upon reguest. 
(d) 
If 
the 
home 
instruction 
program 
is 
discontinued, 
students of compulsory school 
age 
must 
be 
enrolled 
in 
a 
public 
school 
or 
an 
eguivalent instruction alternative as provided for 
in this paragraph. 
The 
rece~v~ng school shall 
determine the placement of the student. 
At the 
secondary level. the principal of the receiving 
school shall determine the value of the prior 
educational 
experience 
toward 
meeting 
the 
standards of the system of learning results as 
established in section 6209. 
(e) 
The commissioner shall amend or adopt rules 
to accomplish the purposes of this subparagraph. 
Rules adopted pursuant to this division are major 
substantive rules as defined in Title 5, chapter 
375, subchapter 2-A. 
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 
aB-~~~--4BG~~Qe~ieB 
p~e~~am-a~~~~-~-eemmissieBe~-PQ~£~a~-~~-~&~&-§99~-AT 
s\i:esee1;i-eB--3-,--paF-a<JFa~-A7--subpa-r~-aph--f6j. 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. 
COMMITTEE AMENDMENT 
~' 
~ 
~ 
COMMITTEE AMENDMENT .. A 
.. to S.P. 83, L.D. 160 
Sec. 3. 20-A MRSA §6001, sub-§l, as enacted by PL 1999, c. 
595, §2, is amended to read: 
1. 
Federa1 and state 1av. 
The provisions of this section, 
the United States Family Educational Rights and Privacy Act of 
1974, Public Law 93-380, as amended by Public Law 93-568, and the 
United States Education of All Handicapped Children Act, Public 
Law 
94-142 
govern 
the 
dissemination 
of 
information 
about 
students, as well as applieat::ie-as--fel:' written notices of intent 
to 
provide 
equivalent 
instruction 
through 
home 
instructionT 
eemmeB~s--eB--~he--eemple~eBess--ef--~hese--appliea~ieBs and all 
education records of students receiving equivalent instruction 
through home instruction. 
Sec. 4. Application. 
Notwithstanding Department of Education 
rules to the contrary, pending adoption of rules implementing 
this 
Act, 
beginning 
with 
the 
2003-2004 
school 
year, 
the 
Commissioner of Education shall implement the provisions of the 
Maine Revised Statutes, Title 20-A, section 5001-A, subsection 3, 
paragraph A in excusing a child from attendance at a public day 
school if a parent or guardian of the child who 
intends to 
provide equivalent instruction through a home instruction program 
for the child complies with the provisions of Title 20-A, section 
5001-A, subsection 3, paragraph A, subparagraph (4). 
Emergency clause. 
In view of the emergency cited in the 
preamble, this Act takes effect when approved.' 
SUMMARY 
This 
committee 
amendment 
makes 
changes 
to 
the bill to 
clarify 
the 
intent 
of 
the 
original bill, 
to 
add 
certain 
provisions to the bill that are currently contained in Department 
of Education rules related to equivalent instruction through a 
home instruction program and to make changes to other sections of 
the statutes related to equivalent ins"truction through a 
home 
instruction program so that they are consistent with the intent 
of the original bill. 
The 
committee 
amendment 
includes the 
following provisions. 
1. 
It provides that a student is excused from attending a 
public day school if the student's parent or guardian provides a 
written notice of intent to provide home instruction to the 
Commissioner of Education and to the superintendent of the local 
school 
administrative 
unit within 
calendar 
days 
of 
the 
beginning of the home instruction program. 
COMMITTEE AMENDMENT 
~ 
~ 
~ 
COMMITTEE AMENDMENT 'A" to S.P. 83, L.D. 160 
2. 
It provides that the notice of intent to provide a home 
instruction program must contain a statement of assurance that 
the 
home 
instruction 
program 
will 
provide 
for 
an 
annual 
assessment of the student's academic progress. 
It also specifies 
the several forms of assessment that comply with this requirement. 
3. 
It 
provides 
that, 
following 
the 
initial 
year 
of 
providing a home instruction program, the notice of intent to 
continue to provide a home instruction program must include a 
copy of the annual assessment of the student's academic progress 
from the prior year. 
4. 
It makes 
technical 
changes 
to 
related statutory 
provisions so that these provisions are consistent with the new 
"notice 
of 
intent" 
requirements 
governing 
the 
prov~s~on of 
equivalent instruction through a home instruction program. 
5. 
It provides that the information filed under the new 
"notice 
of 
intent" 
requirements 
governing 
the 
prov~s~on of 
equivalent instruction through a home instruction program and any 
other 
education 
records 
pertaining 
to 
the 
home 
instruction 
program must be maintained by the student's parent or guardian 
until 
the 
home 
instruction 
program 
concludes. 
It 
further 
provides 
that 
these 
records 
must 
be 
made 
available to 
the 
Commissioner of Education upon request. 
6. 
It provides that the Commissioner of Education shall 
amend or adopt rules to be consistent with the new "notice of 
intent" 
requirements 
governing 
the 
provision 
of 
equivalent 
instruction 
through 
a 
home 
instruction program. 
The 
rules 
adopted are major substantive rules. 
7. 
It underscores that, notwithstanding any Department of 
Education rules to the contrary, the Commissioner of Education 
shall use 
the 
new written "notice of intent" provisions in 
excusing a child from attendance at a public day school if a 
parent or guardian of the child who intends to provide equivalent 
instruction through a home instruction program for the child in 
the 2003-2004 school year provides the notice of intent. 
8. 
It adds an emergency preamble and an emergency clause to 
the bill. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 04/04/03 frac::.. 
Office of Fiscal and Program Review 
LD 160 
An Act to Amend the Laws Governing Home Instruction 
LR 0030(02) 
.J 
Fiscal Note for Bill as Amended by Committee Amendment '/f'S-'79
Committee: Education and Cultural Affairs 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
LR0030(2) - Fiscal Note - Page 1 of 1