An Act To Amend Standards for Participation in Certain Public School Services by Students Who Are Homeschooled
Maine Legislature, Session 126, LD 0061
Committee: Education and Cultural Affairs
Sponsors: ESPLING, BURNS, CRAFTS, GUERIN, MAKER
Amends: 20-A MRSA §4772-B, 20-A MRSA §5021

Legislative Document 
No. 61 
H.P. 53 
House of Representatives, January 22, 2013 
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. 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative ESPLING of New Gloucester. 
Cosponsored by Senator BURNS of Washington and 
Representatives: CRAFTS of Lisbon, GUERIN of Glenburn, MAKER of Calais. 
Mandate preamble. This measure requires one or more local units of government 
to expand or modify activities so as to necessitate additional expenditures from local 
revenues but does not provide funding for at least 90% of those expenditures.  Pursuant to 
the Constitution of Maine, Article IX, Section 21, 2/3 of all of the members elected to 
each House have determined it necessary to enact this measure. 
Be it enacted by the People of the State of Maine as follows: 
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repealed and the following enacted in its place: 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 5001-A, 
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 2013-2014 school year, 
as long as the student enrolls in the course after July 1, 2013 and the student otherwise 
meets the eligibility criteria. 
SUMMARY 
This bill provides that a student receiving homeschool instruction is eligible for a 
state tuition subsidy for certain postsecondary courses as long as the criteria for 
participation are met.  This bill also provides 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.