An Act To Amend Standards for Participation in Certain Public School Services by Students Who Are Homeschooled
Maine Legislature, Session 125, LD 1197
Committee Amendment CA_A_H571 (House)
Amends: 20-A MRSA §4772-B, 20-A MRSA §5021

COMMITTEE AMENDMENT "~,, to H.P. 888, L.D. 1197, Bill, "An Act To 
Amend Standards for Participation in Certain Public School Services by Students Who 
Are Homeschooled" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 20-A MRSA §4772-B is enacted to read: 
§4772-B. Students receiving homeschool instruction 
A student is eligible to receive a state subsidy for postsecondary courses, as specified 
in section 4775, if the student is receiving home instruction in a program that meets the 
requirements of section 5001-A, subsection 3, paragraph A, subparagraph (4) and the 
eligible institution: 
1. Space available. Has space available for the student; 
2. 
Course prerequisites. 
Has determined that the student. has satisfactorily 
completed all course prerequisites; and 
3. Academic fitness. Reviews all requested evidence of the student's academic 
fitness and gives its approval for the student to take the requested course or courses. 
A student who meets the requirements of this section is eligible to participate in 
postsecondary courses at an eligible institution under this section, subject to the 
requirements and conditions of sections 4774 to 4776. Notwithstanding section 15672, 
subsection 32, a student described in this section is considered to be a subsidizable pupil 
for purposes of receiving the subsidy provided in this chapter. 
Sec. 2. 20-A MRSA §5021, sub-§3, as enacted by PL 1995, c. 610, §1, is 
repealed and the following enacted in its place: 
3. Special education and related services. For purposes of the federal Individuals 
with Disabilities Education Act, 20 United States Code, Section 1400 et seq., a student 
enrolled in a home instruction program that meets the requirements of section 500 I-A, 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" a 
.. to H.P. 888, L.D. 1197 
subsection 3, paragraph A, subparagraph (4) is deemed to be a private school student and 
must be provided with the same special education and related services as students 
enrolled in private schools. The special education services must be provided on the 
premises of the school administrative unit unless the school administrative unit 
determines another location is more appropriate. 
Sec. 3. 
Application of postsecondary course enrollment and subsidy 
provISIons. A student in a home instruction program is eligible for the subsidy for 
postsecondary enrollment, as provided in this Act, for the entire 2011-2012 school year, 
as long as the student enrolls in the course after July 1, 2011 and the student otherwise 
meets the eligibility criteria.' 
SUMMARY 
This amendment replaces the bill and clarifies that a student receiving homeschool 
instruction is eligible for a state tuition subsidy for postsecondary courses taken under the 
Maine Revised Statutes, Title 20-A, chapter 208-A as long as the criteria for participation 
are met. 
This amendment also clarifies that a student receiving homeschool instruction 
is eligible for special education services in the same manner that students enrolled in a 
private school are eligible for these services. 
FISCAL NOTE REQtlRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 06/06/11 
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LD 1197 
LR 1000(02) 
An Act To Amend Standards for Participation in Certain Public School Services by Students Who Are 
Homeschooled 
Fiscal Note for Bill as Amended by Committee Amendment '~" 
Committee: Education and Cultural Affairs 
State Mandates 
Required Activity 
Fiscal Note Required: Yes 
Fiscal Note 
State Mandate - Unfunded 
Requires school administrative units to provide special education services to home 
schooled students in the same manner as provided to private school students. 
Unit Affected 
Local Cost 
School 
Moderate 
statewide 
The required local activities in this bill may represent a State mandate pursuant to the Constitution of Maine. Unless 
General Fund appropriations are provided to fund at least 90% of the additional costs or a Mandate Preamble is 
amended to the bill and two-thirds of the members of each House vote to exempt this mandate from the funding 
requirement, municipalities may not be required to implement these changes. 
Fiscal Detail and Notes 
Additional costs to school administrative units to meet with parents of home schooled students to determine what 
services the SAU can provide can not be determined at this time and will depend on the number of home schooled 
students who need special education services want those services to be provided by the SAU. Since federal law 
requires that a portion of the federal special education funding that is allocated to each SAU be set aside for serving 
private school students, the additional cost of providing services to home schooled students would be absorbed within 
each SAU's federal funding that has been set aside. This may result in fewer services being provided to private school 
students. 
The Department of Education has indicated that the funding currently included in LD 1043, the Governor's proposed 
budget for the 2012-2013 biennium for post secondary course payments should be sufficient to cover the participation 
of students who are home schooled. 
LRlOOO(o2) - Fiscal Note - Page 1 of 1