An Act To Protect Children from Classes Contradictory to Their Religious Beliefs
Maine Legislature, Session 121, LD 1130
Committee: Education and Cultural Affairs
Sponsors: DUPREY, ANNIS, BERRY, CRESSEY, DAVIS, GLYNN, HEIDRICH, TOBIN, GILMAN
Amends: 20-A MRSA §5001-A

Legislative Document 
No. 1130 
H.P.833 
House of Representatives, March 4, 2003 
An Act To Protect Children from Classes Contradictory to Their 
Religious Beliefs 
Reference to the Committee on Education and Cultural Affairs suggested and ordered 
printed. 
Presented by Representative DUPREY of Hampden. 
--n;~/J7.~ 
MILLICENT M. MacFARLAND 
Clerk 
Cosponsored by Representatives: ANNIS of Dover-Foxcroft, BERRY of Belmont, CRESSEY 
of Baldwin, DAVIS of Falmouth, GLYNN of South Portland, HEIDRICH of Oxford, TOBIN 
of Dexter, Senator: GILMAN 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-§2, ,C, as amended by PL 1985, 
c. 123, §l, is further amended to read: 
C. 
A person whose absence is excused under section 5051. 
The parent of an habitual truant who has been denied a 
waiver of this paragraph r 
may appeal to the commissioner in 
accordance with section 5051, subsection 2, paragraph E; 
e~ 
Sec. 2. 20-A MRSA §5001-A, sub-§2,,n, as enacted by PL 1985, 
c. 123, §2, is amended to read: 
is attending 
an 
degree-granting 
An 
exception 
to 
paragraph must be 
D. 
A person who 
has matriculated and 
accredited, 
pe6~-6eeeBaa~y postsecondary, 
institution 
as 
a 
full-time 
student. 
attendance in public school under this 
approved by the commissionerTL-Q£ 
Sec. 3. 20-A MRSA §5001-A. sub-§2"E is enacted to read: 
E. 
A person who is absent from a course when the course 
content conflicts with the sincerely held religious beliefs 
and practices of that person or that person's parent or 
guardian and when the person has been provided with an 
accommodation in accordance with subsection 8. 
Sec. 4. 20-A MRSA §5001-A. sub-§8 is enacted to read: 
8. 
Accommodation for conflict with sincerely held religious 
beliefs or practices. 
A student 
must 
be 
provided with 
an 
accommodation under rules established by the commissioner for a 
course reguired by a public day school when the course content 
conflicts with the sincerely held religious beliefs and practices 
of 
the 
student 
or 
the 
student's 
parent 
or 
guardian. 
The 
following conditions apply for persons 
se~king an accommodation 
under this section. 
A. 
The student or the student's parent or guardian who 
wishes 
to obtain an 
accommodation under this subsection 
shall submit a completed application for an accommodation 
simultaneously to the local board and to the commissioner. 
The application must indicate: 
(1) 
That a conflict exists with course content and the 
sincerely held religious beliefs and practices of the 
student or the student's parent or guardian: and 
( 2) 
That the parent or guardian provides permission 
for the student to leave school for the purpose of 
Page l-LR0699 (1) 
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obtaining an instructional alternative for that course 
in accordance with this subsection. 
B. 
The local board may review the application and submit 
comments on the application to the commissioner within 15 
days of receipt of the application. 
Within 45 days of 
receipt of the application, the commissioner, using state 
criteria established 
by 
rule, 
shall 
decide 
whether 
to 
approve the accommodation application. 
If the commissioner 
denies the application, the applicant may, within 15 days of 
receiving the denial, 
amend 
and resubmit the application 
directly to the commissioner. 
The commissioner shall make a 
decision 
within 
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 paragraph 
of applications for accommodation and of the commissioner's 
decision on those applications is only for informational 
purposes. 
Local boards are not reguired to play any role in 
the 
application, 
review 
and 
approval 
or 
oversight 
of 
accommodation programs. 
C. 
Instructional al ternati ves available to a student who 
desires an accommodation for a course under this subsection 
must include the alternatives provided under subsection 3, 
paragraph A and the alternative provided under paragraph D. 
D. 
A student who has been provided with an accommodation 
for a course under this subsection may substitute a study 
hall or another course acceptable to the student or the 
student's parent on behalf of the student. 
E. 
A student who has been provided with an accommodation 
for a course under this subsection has up to one academic 
year, 
including the 
summer 
following the school year in 
which 
the 
accommodation 
was 
granted, 
to 
satisfactorily 
complete 
the 
reguirements 
of 
the 
course 
for 
which 
the 
student 
has 
received 
the 
accommodation 
through 
the 
successful completion of an instructional alternative for 
that course. 
F. 
The student or the student's parent or guardian on 
behalf of the student shall present written evidence that 
the student has satisfactorily passed the subject matter in 
the reguired course for which the accommodation was granted 
through 
the 
successful 
completion 
of 
an 
instructional 
alternative for that course. 
Course credits awarded must be 
consistent 
with 
the 
provisions 
under 
section 
5022, 
subsection 2. 
G. 
The 
commissioner 
shall 
adopt 
or 
amend 
rules 
to 
accomplish the purposes of this subsection. 
Rules adopted 
pursuant to this subsection are routine technical rules as 
defined in Title 5, chapter 375, subchapter 2 A. 
SUMMARY 
Current law and rules of the Department of Education include 
accommodation 
provisions 
for 
instances 
when 
course 
content 
conflicts with sincerely held religious beliefs and practices of 
a student or a student's parent or guardian. 
This bill provides 
the procedures 
by which a student may be granted an excused 
absence 
from 
a 
course 
when 
course 
content 
conflicts 
with 
sincerely held religious beliefs and practices of the student or 
of the student's parent or guardian. 
The bill also provides the 
instructional alternatives available to such students and the 
procedures for receiving academic credit for these instructional 
alternatives. 
The 
bill 
also 
requires 
the 
Commissioner 
of 
Education to establish or amend rules to accomplish this purpose. 
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