An Act To Improve Attendance at Public Elementary Schools
Maine Legislature, Session 128, LD 0096
Committee: Education and Cultural Affairs
Sponsors: LIBBY, STEARNS, LANGLEY, MAKER, MILLETT, HANDY, PIERCE
Amends: 20-A MRSA §5001-A, 20-A MRSA §5051-A

Legislative Document
No. 96
S.P. 44
In Senate, January 17, 2017
An Act To Improve Attendance at Public Elementary Schools
Reference to the Committee on Education and Cultural Affairs suggested and ordered 
printed.
HEATHER J.R. PRIEST
Secretary of the Senate
Presented by Senator LIBBY of Androscoggin.
Cosponsored by Representative STEARNS of Guilford and
Senators: LANGLEY of Hancock, MAKER of Washington, MILLETT of Cumberland, 
Representatives: HANDY of Lewiston, PIERCE of Falmouth.
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  20-A MRSA §5001-A, sub-§1-A is enacted to read: 
1-A.  Attendance of persons 5 years of age or older and under 7 years of age.  A 
person 5 years of age or older and under 7 years of age who is enrolled in public day 
school is required to attend that school during the time it is in session except as provided 
in paragraphs A and B. 
A.  At any time during the 45 days after the date of enrollment in public day school, a 
person 5 years of age or older and under 7 years of age may withdraw from the 
school. 
B.  If more than 45 days have elapsed after the date of enrollment in public day 
school, a person 5 years of age or older and under 7 years of age may withdraw from 
the school after consultation with the school board or the school board's designee. 
Sec. 2.  20-A MRSA §5001-A, sub-§3, as amended by PL 2007, c. 111, §1, is 
further amended to read: 
3.  Alternatives to attendance at public day school.  Alternatives to attendance at 
public day school are as follows.  A person 5 years of age or older and under 7 years of 
age is not required to meet the requirements of this subsection. 
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: 
(a)  A private school approved for attendance purposes pursuant to section 
2901; 
(b)  A private school recognized by the department as providing equivalent 
instruction; 
(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. 
(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 subsequent 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: 
(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 2 
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. 
(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, 
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 request. 
(d)  If the home instruction program is discontinued, students of compulsory 
school age must be enrolled in a public school or an equivalent instruction 
alternative as provided for in this paragraph.  The receiving 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. 
B.  A person may be excused from attendance at a public day school pursuant to 
section 5104-A or section 8605. 
Sec. 3.  20-A MRSA §5051-A, sub-§1, ¶B, as amended by PL 2007, c. 304, §5, 
is further amended to read: 
B.  Has completed grade 6 and has the equivalent of 10 full days of unexcused 
absences or 7 consecutive school days of unexcused absences during a school year; or 
Sec. 4.  20-A MRSA §5051-A, sub-§1, ¶C, as enacted by PL 2007, c. 304, §5, is 
amended to read: 
C.  Is at least 7 years of age and has not completed grade 6 and has the equivalent of 
full days of unexcused absences or 5 consecutive school days of unexcused 
absences during a school year.; or 
Sec. 5.  20-A MRSA §5051-A, sub-§1, ¶D is enacted to read: 
D.  Is enrolled in a public day school, is at least 5 years of age and has not completed 
grade 6 and has the equivalent of 7 full days of unexcused absences or 5 consecutive 
school days of unexcused absences during a school year. 
SUMMARY 
This bill provides that a person 5 years of age or older who is enrolled in public day 
school is required to attend during the time it is in regular session.  The bill provides that 
a person 5 years of age or older and under 7 years of age may withdraw from school at 
any time within the 45 days after enrollment and may withdraw from school after 45 days 
after enrollment after consultation with the school board or its designee.  The bill 
provides that students who are at least 5 years of age and enrolled in a public day school 
are subject to the same provisions regarding truancy as students who are at least 7 years 
of age and have not completed grade 6 who are required to attend a public day school.  
The bill provides that a person 5 years of age or older and under 7 years of age is not 
required to meet the alternatives to attendance requirements set forth in the Maine 
Revised Statutes, Title 20-A, section 5001-A, subsection 3.