Maine Homeschool Law - Maine Homeschooling

Compulsory Attendance Ages: 7 years of age and under 17, or graduated, or 15 with parent and school board permission, or full-time attendance at accredited college with commissioner approval, MRSA tit. 20-A, § 5001-A sub-§§1 and 2.

Required Days of Instruction: Notice of intent must provide assurance of 175 days.

Required Subjects: Notice of intent must include assurance that instruction will be provided in: English/language arts, math, science, social studies, physical and health education, library skills, fine arts, Maine studies (in one grade between grades 6 and 12), and computer proficiency (in one grade between grades 7 and 12). MRSA tit. 20-A, §5001-A, sub-§3A.(4)(a)(iv).

Option One

Option 1: Homeschool Statute: Maine Revised Statutes Annotated ( MRSA ) title (tit.) 20-A, §5001-A, sub-§3A.(4). A person is excused from attending school if instructed in a home instruction program meeting the following statutory requirements.

1. Within 10 days of starting home instruction for a student, file a one-time notice of intent with both your local superintendent and commissioner of education containing:

a. name, signature, and address of the parent or guardian,
b. the name and age of the student,
c. the date home instruction will or did begin,
d. a statement of assurance that instruction will be provided for at least 175 days annually and will cover the subjects listed above, and
e. a statement of assurance that the parents will submit a year-end assessment.

2. Each year thereafter by September 1, submit a subsequent letter to both your local superintendent and state commissioner of education enclosing your year-end assessment (see “Standardized Tests” below) and stating whether you intend to continue the student’s home instruction. MRSA tit. 20-A, § 5001-A, sub-§3.A.(4)(b).

3. Parents must keep copies of items submitted under 1 and 2 above until the home school program concludes. They must be made available to the commissioner upon request. The confidentiality of all records is protected. MRSA tit. 20-A, § 5001-A, sub-§3.A.(4)(c).

Teacher Qualifications: Option 1—none.
Standardized Tests: Option 1, students must annually submit the results of an assessment from among the following options:

1. results of a standardized achievement test, or
2. results of a test developed by local school officials, or
3. review and acceptance of progress by:

(a) a Maine certified teacher, or

(b) a homeschool support group that includes for this purpose a Maine certified teacher or administrator who has reviewed a portfolio of the student’s work, or

(c) a local advisory board appointed by the superintendent composed of two homeschool teachers and one school official (must be arranged with school system before school year starts).

Please see the Sample Maine Notice of Intent to Provide Home Instruction form at the State of Maine Web Site.

For more details regarding compliance with Maine homeschool law, please click here to read, Complying with Maine's New Homeschool Statute. . . It's Easy~!

Option Two

Option 2: Non-approved Private Schools: Parents of at least 2 unrelated students may form a Non-Approved Private School (“NAPS”). MRSA tit. 20-A, § 5001-A, sub-§3.A.(1)(b). Under proposed regulations (likely effective date 9-1-03 ), to be recognized as providing equivalent instruction, the chief administrative official of the NAPS should:

1. Annually by Oct. 1 file a letter with the commissioner stating that the school: a. provides instruction in English (including reading, writing, spelling and grammar), math, science, health, fine arts, social studies (including American history, Maine history, geography, civil government and citizenship); has examined and approved all teachers for competency;

a. will operate at least 175 days OR 875 hours;
b. complies with applicable fire, health and safety laws;
c. informs parents of the method, subjects, grade levels, and results of assessments;
d. gives parents at least 4 progress reports each year. Reg 7.01.A.Annually notify parents in writing of compliance with the above. Reg 7.01.B (2)

2. Annually by Oct 1, and as enrollment changes, report name, address, and grade of students to public school superintendent where the student resides. Reg 7.01.B (1)

3. Parents do not file anything with state or local officials.

Note: These regulations are intended to modify and replace the commissioner’s 1984 “guidelines” for non-approved private schools. The commissioner’s authority to adopt such regulations is questionable. Note: Under Bangor Baptist Church v. Maine, 576 F. Supp.1299 (D.Me.1983), the commissioner has no authority to compel a NAPS to follow any guidelines or regulations. If the regulations are not followed, parents may have much greater difficulty establishing they are providing "equivalent instruction" as required under MRSA tit. 20-A, §5001-A, sub-§3.A.(1)(b).

Teacher Qualifications: Option 2, the NAPS administrator must approve its teachers’ competence.
Standardized Tests: Option 2—none.

Please call the HOME office at 763-2880, for more information on the NAPS option.

Note: The Summaries of Maine Homeschooling Options are reproduced by permission from Home School Legal Defense Association, Paeonian Springs, VA 22129. THE ANALYSIS OF BOTH OPTIONS DOES NOT CONSTITUTE GIVING LEGAL ADVICE.

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This summary is intended as a guide and not legal advice. Check for updates regularly.
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