Summary of 
Maine Homeschool Options

 

Below is a summary of the two options available to the homeschoolers in Maine. Homeschoolers can either qualify under the homeschool statute in option one or qualify as a non-approved private school as in option two. We advise you to review both options as you make the decision which will better suit your family. If you are a member of HSLDA  check out their Resources for Maine Members page.

 

  • The following legal summaries are copyrighted properties of Home School Legal Defense Association, reprint permission is required. 

Be informed! Read the full Maine Homeschool Statute here: http://www.mainelegislature.org/legis/statutes/20-A/title20-Asec5001-A.html

 

See information about the Homeschool Access Law here.

 

Maine Revised Statutes

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.

 

  • Please contact HOME for more information, questions, and to aid in your understanding of the homeschool options in this state. All services are provided free of charge.

 

Answers to Commonly Asked 
Questions About Homeschooling

Prepared by the Home School Legal Defense Association
Mike Farris - Founder

 

  • How many homeschoolers are there nationwide?
    Today an estimated 1.6–2.0 million children are being taught at home by their parents.
     - Brian Ray, Worldwide Guide to Homeschooling, Broadman & Holman, 2002, p.7. 

    The number of families choosing to home school grows at an estimated annual rate of 7-15 percent.  - Ray, pg. 8.

 
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Why do parents decide to home 
educate their children?
 In a web poll taken by 989 respondents, 49% said religious conviction is the main reason they continue home schooling; 15% positive social environment; 14% academic excellence; 12% specific needs of child; 5% curriculum choice; and 5% flexibility. 79% of respondents were HSLDA members; 21% were not.  - HSLDA web poll, 5/22–5/29/02

 

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Is homeschooling legal in all 50 states?
 "Because the United States Constitution is the highest law of the land, home schooling has always been legal in all 50 states,” says Michael Farris. “It has been a bit of a fight to get the various members of the education and social services establishment to accept that fact, but great progress has been made. Currently about two-thirds of the states have specific laws authorizing and regulating home schooling. In the balance of the states, homeschoolers may legally operate as a small private school or provide ‘equivalent instruction.’ The details vary considerably from state to state and opinions about the law vary from district to district. What does not vary is HSLDA’s commitment to the constitutional right to teach one’s children at home.”

 

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What are the legal problems homeschoolers face and how does HSLDA attempt to solve them?
 Many families are contacted by school or government officials questioning the legality of homeschooling. The majority of legal challenges we handle are resolved amicably, through peaceful negotiations. However, thousands of families have faced situations which are far from pleasant. Hundreds have ended up in court or administrative hearings. For example:

 

Warrants were issued for the arrest of Mark and Chris DeJonge, homeschooling parents in Michigan who were homeschooling without a certified teacher. After being found guilty by lower courts, the DeJonges’ case was eventually appealed to the Michigan Supreme Court. In 1993, the Court ruled that the teacher certification requirement for religious homeschoolers was unconstitutional, transforming Michigan from the worst state in the nation for homeschooling to one of the best. The criminal convictions of the DeJonge family were reversed. 

HSLDA filed a federal civil rights action, Jeffrey, et al v. O'Donnell, et al, on behalf of nine homeschooling families against 11 oppressive school districts in 1986. In 1988, a U.S. District Court Judge ruled that “the tutorial provision of Pennsylvania Compulsory Attendance Law. . . is unconstitutionally vague” and therefore, unenforceable. As a result of this victory, over twenty cases in court against HSLDA were won or dismissed.

In February of 1994, thousands of homeschoolers from across the nation flooded the U.S. House of Representatives with phone calls urging an amendment that protected homeschoolers from a teacher’s certification requirement in H.R. 6. An amendment protecting home and private schools was passed overwhelmingly.

The Lund and Reimche families in North Dakota were tried and convicted for the crime of homeschooling their children. HSLDA appealed their case to the North Dakota Supreme Court. The Court ruled in favor of the families and reversed their truancy convictions.

 

  • HSLDA has also worked successfully to achieve legislative victories by assisting state homeschooling organizations with their legislative goals. The following are just a few examples:

 

In 1989, Governor George A. Skinner signed into law North Dakota’s new homeschooling law, which repealed the state’s former teacher certification requirement for all teachers.

Kansas homeschoolers defeated H.B. 2392 in 1991, which would have required homeschool children to be taught by certified teachers.

In Oregon, Governor Barbara Roberts signed into law a bill allowing homeschoolers to participate with public school students in interscholastic activities.

Maryland homeschoolers convinced the Maryland Legislature to remove the home visit requirement from the department of education’s regulation.

In 1993, after making it through the Senate Education Committee with the help of an amendment, H.B. 1260 passed, repealing the South Dakota home visit law.

 

  • What are some of the more restrictive states for homeschooling?
     The battlegrounds shift around the nation. Over the years we have faced fierce or multiple legal conflicts in South Carolina, Pennsylvania, Ohio, Michigan, Virginia, Iowa, Tennessee, New York, Rhode Island, and North Dakota just to name a few.

    The following states do not require any sort of enrollment notice at all: AL, CT, DE, ID, IL, IN, MI, MO, NJ, OK, SC, TX. (12) 

    All other states (38) require some sort of filing. It may be annual, such as Virginia, or it may be once during the entire course of the home school program, such as Maryland.

    Fewer than half the states (23) require some sort of assessment or evaluation or progress report. The states which require some sort of assessment are:

    AR (grades 5,7, 10 only) CO (grades 3,5,7,9 and 11 only), FL, GA, HI, IA, LA, ME, MN, NC, ND (grades 3,4,6,8, and 11 only), NH, NY (grades 9-12 only), OH, OR (grades 3,5,8 and 10 only), PA, SC, SD (grades 2,4,8, and 11 only), TN (grades 5,7, and 9 only), VA, VT, WA, and WV.

    In RI and MA (both of which are "approval" states), local school districts have the option of requiring annual evaluations. In CT, parents must submit work samples to show required subjects were taught, but it is not an evaluation or assessment.

    The trend is toward removing testing. In the past 7 years, NV, NM and AZ dropped their testing requirements.

    The following states require a family to obtain approval before homeschooling is considered to legally satisfy compulsory attendance: MA, RI ,and UT. In these states, families are at risk of prosecution if they homeschool without prior approval of the relevant governmental agency. This is a source of continual friction, anxiety, and misunderstanding since many governmental entities are very lackadaisical about sending approval letters. Some never do. Some do so only in a very haphazard fashion.