An Act To Amend Standards for Participation in Certain Public School Services by Students Who Are Homeschooled
Maine Legislature, Session 125, LD 1197
Committee: Education and Cultural Affairs
Sponsors: BURNS, THOMAS, CLARK, DAVIS, GUERIN, JOHNSON, SARTY, TURNER, WILLETTE
Amends: 20-A MRSA §5021

Legislative Document 
No. 1197 
H.P. 888 
House of Representatives, March 21, 2011 
An Act To Amend Standards for Participation in Certain Public 
School Services by Students Who Are Homeschooled 
Reference to the Committee on Education and Cultural Affairs suggested and ordered 
printed. 
HEATHER J.R. PRIEST 
Clerk 
Presented by Representative BURNS of Whiting. 
Cosponsored by Senator THOMAS of Somerset and 
Representatives: CLARK of Easton, DAVIS of Sangerville, GUERIN of Glenburn, JOHNSON 
of Greenville, SARTY of Denmark, TURNER of Burlington, WILLETTE of Mapleton. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  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repealed and the following enacted in its place: 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 services.  For purposes of eligibility for special education 
services and reimbursement, students receiving home-school instruction are treated the 
same as  subsidizable pupils, with the following conditions: 
A.  The special education services must be provided on premises of the school 
administrative unit or another location mutually agreed upon by the parent or 
guardian of the student and the school administrative unit; 
B.  Notwithstanding any provision of law to the contrary, the school administrative 
unit providing the special education services is entitled to receive state subsidy for the 
student.  The rate of reimbursement must be based on the average amount of time per 
day that the student receives special education services. 
For purposes of this subsection, "subsidizable pupils" has the same meaning as in section 
15672, subsection 32. 
Sec. 2.  20-A MRSA §5021, sub-§9 is enacted to read: 
9.  Participation in postsecondary enrollment.  A student receiving home-school 
instruction is eligible to receive a state subsidy for postsecondary courses, as specified in 
section 4775, if the following requirements are satisfied. 
A.  The eligible institution has space available for the student; 
B.  The eligible institution has determined that the student has satisfactorily 
completed all course prerequisites; 
C.  The student's parent approves; and 
D.  The student has received a recommendation to take a postsecondary course or 
courses at an eligible institution from the school administrative unit in which the 
student resides following an assessment of the student by the school administrative 
unit.  The assessment must include a review and approval of the letter and annual 
assessment provided pursuant to section 5001-A, subsection 3, paragraph A, 
subparagraph (4), division (b). 
A student receiving home-school instruction who meets the requirements of this 
subsection is eligible to participate in postsecondary courses at an eligible institution, as 
defined in section 4771, subject to the requirements and conditions of sections 4772, 
4774, 4775 and 4776. 
SUMMARY 
This bill allows a student who is homeschooled to obtain special education services 
from a school administrative unit and allows the school administrative unit to receive 
state reimbursement for the provision of those services.  This bill also allows a student 
who is homeschooled to receive reimbursement from a school administrative unit of 50% 
of the tuition costs for attendance in postsecondary courses as long as the student meets 
the same relevant criteria as a student at a secondary school in that school administrative 
unit.