An Act to Expand Educational Opportunities and Broaden
Maine Legislature, Session 132, LD 0482
Sponsors: BAGSHAW, LIBBY
Amends: 20-A MRSA §5021, 20-A MRSA §5021-A

Legislative Document
No. 482
H.P. 311
House of Representatives, February 11, 2025
An Act to Expand Educational Opportunities and Broaden 
Educational Services for Students Enrolled in Equivalent 
Instruction Programs
Received by the Clerk of the House on February 6, 2025.  Referred to the Committee on 
Education and Cultural Affairs pursuant to Joint Rule 308.2 and ordered printed pursuant to 
Joint Rule 401.
ROBERT B. HUNT
Clerk
Presented by Representative BAGSHAW of Windham.
Cosponsored by Senator LIBBY of Cumberland and
Representatives: CIMINO of Bridgton, COLLINS of Sidney, HAGGAN of Hampden, 
HASENFUS of Readfield, MATHIESON of Kittery, Senators: BENNETT of Oxford, 
HAGGAN of Penobscot, STEWART of Aroostook.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  20-A MRSA §5021, as amended by PL 2005, c. 151, §1, is further amended 
to read:
§5021.  Standards for participation in public schools by students enrolled in 
equivalent instruction programs
A school administrative unit shall conform to the following standards in making public 
school resources and services available to a student enrolled in a home an equivalent 
instruction program under section 5001‑A, subsection 3, paragraph A, subparagraph (4) 
for. For the purposes of this section, "student enrolled in an equivalent instruction program" 
means a student otherwise eligible to attend school in that school administrative unit, 
including a student who resides in the unorganized territory, when the student is enrolled 
in an equivalent instruction program. For the purposes of this section, "equivalent 
instruction program" means a school or instruction program that is recognized as an 
equivalent instruction alternative under section 5001-A, subsection 3, paragraph A, 
subparagraph (1).
1.  Participation in regular classes.  A student receiving home instruction enrolled in 
an equivalent instruction program may enroll and participate in specific day school classes 
at the appropriate public school if each of the following conditions is met.
A.  The student, or the student's parent or guardian, on the student's behalf, applies in 
writing to and receives written approval from the superintendent or the superintendent's 
designee.  Approval for enrollment may not be unreasonably withheld by the 
superintendent or the superintendent's designee.
B.  The student can demonstrate prior satisfactory demonstrates academic achievement 
consistent with school administrative unit policy and procedures applicable to all 
students.
C.  The student shall comply complies with behavioral, disciplinary, attendance and 
other classroom rules applicable to all students.  If a student fails to comply, the school 
may withhold credit or terminate the student's participation.
D.  Transportation must be is provided by the parent or guardian or student.  The 
student may use the same transportation as all other students in the school 
administrative unit, as long as additional expenses are not incurred.
E.  The student shall complete completes all assignments and tests as required of all 
students in the class.
F.  A home-schooled student may audit a course in accordance with established local 
policy at the appropriate public school under the following conditions.
(1)  The student or the student's parent or guardian, on behalf of the student, applies 
in writing to and receives written approval from the superintendent or the 
superintendent's designee to audit a specific course or courses.  Participation may 
not be unreasonably withheld.
(2)  The student agrees to meet established behavioral, disciplinary, attendance and 
other classroom rules applicable to all students.  If a student fails to comply, the 
school may terminate participation.
1-A.  Auditing courses in public school.  A student enrolled in an equivalent 
instruction program may audit a course in accordance with established local policy at the 
appropriate public school under the following conditions.
A.  The student, or the student's parent or guardian on behalf of the student, applies in 
writing to the superintendent or the superintendent's designee to audit a specific course 
or courses.  Participation may not be unreasonably withheld.
B.  The student agrees to meet established behavioral, disciplinary, attendance and 
other classroom rules applicable to all students.  If a student fails to comply, the school 
may terminate the student's participation.
2.  Academic credit.  A student receiving home-school instruction enrolled in an 
equivalent instruction program must receive academic credit subject to the following 
requirements.
A.  Academic credit for individual courses must be awarded if the student meets 
required academic standards applicable to all students enrolled in the same course.
B.  Academic credit must be awarded for successful completion of alternative 
instruction opportunities sponsored by the school and available to all students.
3.  Special education services.  A student receiving home-school instruction enrolled 
in an equivalent instruction program is eligible for special education services, as provided 
under federal regulations, in accordance with section 5001‑A and relevant department 
procedures and standards.
4.  Participation in cocurricular activities.  A student receiving home-school 
instruction enrolled in an equivalent instruction program is eligible to participate in 
cocurricular activities sponsored by the local school administrative unit provided the 
following requirements are met.
A.  The student, or the student's parent or guardian, on behalf of the student, applies in 
writing to and receives written approval from the principal of the school or the 
principal's designee.  Participation may not be unreasonably withheld.
B.  The student agrees to meet established behavioral, disciplinary, attendance and 
other rules applicable to all students.
5.  Participation in extracurricular activities.  Students receiving home-school 
instruction enrolled in an equivalent instruction program are eligible to try out for 
extracurricular activities sponsored by the local school administrative unit, provided the 
student applies in writing, if the following requirements are satisfied.
A.  The student agrees to abide by equivalent rules of participation as are applicable to 
regularly enrolled students participating in the activity and provides evidence that the 
rules of participation are being met.
B.  The student complies with the same physical examination, immunization, 
insurance, age and semester eligibility requirements as regularly enrolled students 
participating in the activity.  All required documentation must be made available upon 
request by the school administrative unit.
C.  The student meets equivalent academic standards as those established for regularly 
enrolled students participating in the activity and provides evidence that the academic 
standards are being met.
D.  The student abides by the same transportation policy as regularly enrolled students 
participating in the activity.
6.  Use of school facilities and equipment.  A student receiving home-school 
instruction enrolled in an equivalent instruction program may use public school facilities 
and equipment on the same basis as regularly enrolled students if the following conditions 
are met:
A.  Use does not disrupt regular school activities;
B.  Use is approved by the school principal in accordance with established school 
policy;
C.  Use does not create additional expense to the school administrative unit;
D.  Use is directly related to the student's academic program; and
E.  Use of potentially hazardous areas, such as shops, laboratories and the gymnasium, 
is supervised by a qualified employee of the school administrative unit.
6-A.  Use of public facilities.  An equivalent instruction program may enter into an 
agreement to use facilities on property owned or leased by a library, community service 
organization, museum, performing arts venue, theater, cinema or church facility if:
A.  The property is being used solely for the purpose of operating a facility described 
in this subsection;
B.  The facility is or was actively used for the purpose of operating a facility described 
in this subsection within 5 years of any executed agreement for an equivalent 
instruction program to use the facility; and
C.  The facility follows the state and local health, safety and welfare laws, codes and 
rules applicable to that facility, including fire safety and building safety.
7.  Use of school textbooks and library books.  Subject to availability, a student 
receiving home instruction enrolled in an equivalent instruction program may use school 
textbooks if the number of particular copies are is sufficient and library books owned by 
the school administrative unit subject to the following conditions:
A.  Use does not disrupt regular student, staff or special program functions;
B.  The student's sign-out period for a library book is the same as that applicable to 
regularly enrolled students;
C.  The student may sign out a textbook for a period not to exceed one year; and
D.  The parent or guardian and student agree to reimburse the school administrative 
unit for lost, unreturned or damaged library books and textbooks and for consumable 
supplies used.
8.  Reimbursement for students enrolled in equivalent instruction programs.  A 
school administrative unit is entitled to receive state subsidy for any student who receives 
instruction through one or more on-site academic courses from a public school but is not a 
full-time student.  A school administrative unit that sends any tuition student to another 
school administrative unit or to a private school approved pursuant to chapter 219 is also 
entitled to receive state subsidy under this subsection.  The rate of reimbursement must be 
established in increments of 0.25 full-time equivalent status up to 1.0 full-time equivalent 
status based on the average amount of time per day that a student receives on-site academic 
services from a public school.  School administrative units shall keep an accurate count of 
the number of students receiving on-site academic services and shall include the full-time 
equivalency status of these students in the annual count of students attending school in 
accordance with section 6004.
Sec. 2.  20-A MRSA §5021-A, as amended by PL 2013, c. 428, §§1 to 5, is repealed.
SUMMARY
This bill modifies the provisions of law governing standards for participation in public 
school by students who are enrolled in equivalent instruction programs. Equivalent 
instruction programs include home instruction programs, private schools or other 
alternative arrangements approved by the Commissioner of Education.  Current law 
provides different standards for participation in public school for students enrolled in home 
instruction programs as opposed to students enrolled in certain recognized private schools. 
The bill amends the law to provide one set of standards to apply to all types of equivalent 
instruction programs. 
The bill makes changes related to the approval process that a student enrolled in an 
equivalent instruction program must follow to participate in regular classes in a public 
school. These changes include eliminating the requirement that a student receive written 
approval from the superintendent or the superintendent's designee to enroll in or audit a 
course and modifying the terms used to describe the academic achievement a student must 
demonstrate in order to participate.  
The bill allows an equivalent instruction program to use facilities on property owned 
or leased by a library, community service organization, museum, performing arts venue, 
theater, cinema or church facility if the property is being used solely for the purpose of 
operating a type of facility described in the bill, the facility is or was actively used for one 
of those purposes within 5 years of any executed agreement for the equivalent instruction 
program to use that facility and the facility follows the state and local health, safety and 
welfare laws, codes and rules applicable to that facility, including fire safety and building 
safety.