An Act To Align State Law with Current Practice Regarding Required School Attendance
Maine Legislature, Session 129, LD 0151
Committee Amendment CA_A-SA_A_S324 (Senate)
Amends: 20-A MRSA §3271, 20-A MRSA §3272, 20-A MRSA §5001-A, 20-A MRSA §5051-A

SENATE AMENDMENT "fl " to COMMITTEE AMENDMENT "A" to S.P. 38, 
L.D. 151, Bill, "An Act To Align State Law with Current Practice Regarding Required 
School Attendance" 
Amend the amendment by inserting after the title the following: 
'Amend the bill by striking out all of section 2 and inserting the following: 
'Sec. 2. 20-A MRSA §3271, sub-§1-A, as enacted by PL 2019, c. 235, §1, is 
amended to read: 
1-A. Attendance of persons 5 years of age or older and under 6 years of age. A 
person 5 years of age or older and under + §. years of age who is enrolled in and who has 
not withdrawn from a public day school is required to attend that school during the time it 
is in session. 
Sec. 3. 20-A MRSA §3271, sub-§2, as amended by PL 2019, c. 235, §2, is 
further amended to read: 
2. 
Alternative instruction. 
Alternative instruction may be substituted for 
attendance in a day school in the following cases when approved by the school principal. 
A person 5 years of age or older and under + §. years of age is not required to meet the 
requirements of this subsection. 
A. The person is enrolled in an approved special education program. 
B. The person obtains equivalent instruction through alternative learning or in any 
other manner arranged or approved by the commissioner. 
Sec. 4. 20-A MRSA §3272, sub-§2, ~' as amended by PL 2019, c. 235, §3, is 
further amended to read: 
B. The person is required to attend school or alternative instruction and is at least+ 
§. years of age and has not completed grade 6 under this chapter and has the 
equivalent of 7 full days of unexcused absences or 5 consecutive school days of 
unexcused absences during a school year; or' ' 
Amend the amendment by inserting after section 3 the following: 
'Amend the bill by striking out all of section 4 and inserting the following: 
SENATE AMENDMENT 
SENATE AMENDMENT" n "to COMMITTEE AMENDMENT "A"to S.P. 38, L.D. 151 ( 
1"'\l 
" 
'Sec. 4. 20-A MRSA §5001-A, sub-§1-A, as enacted by PL 2019, c. 235, §4, is 
amended to read: 
1-A. Attendance of persons 5 years of age or older and under 6 years of age. A 
person 5 years of age or older and under + §. years of age who is enrolled in and who has 
not withdrawn from a public day school is required to attend that school during the time it 
is in session. 
Sec. 5. 20-A MRSA §5001-A, sub-§3, as amended by PL 2019, c. 235, §5, 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 -+- §. 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 
SENATE AMENDMENT 
SENATE AMENDMENT" t'1 "to COMMITTEE AMENDMENT "A" to S.P. 38, L.D. 151 (c~' '?)]_ l. ~ 
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. 
SENATE AMENDMENT 
I 
, 
' 
SENATE AMENDMENT" r\ "to COMMITTEE AMENDMENT "A" to S.P. 38, L.D. 151 1 1 > . '1 1 '· f .' 
( 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. 6. 20-A MRSA §5051-A, sub-§1, 1C, as amended by PL 2019, c. 235, §7, 
is amended to read: 
C. Is at least + §. 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; or' ' 
SUMMARY 
In order to avoid the enactment of conflicting statutory provisions, this amendment 
amends recently chaptered law r. egardin···· ;t;e at which children must begin attending 
school to be consistent 1h the bill's-es~~ lis 
ent of that age as 6 years of age. 
SPONSORED BYl:/(}(_,,~(l' 
-
--
. 
(Senator BREEN) 
{ i 
COUNTY: Cumberland 
) 
SENATE AMENDMENT