Governor John Baldacci Signs LD 160!!
From Scott Woodruff, HSLDA Staff Attorney

Note - The Chapter 130 Guidelines no longer exist. Homeschoolers in Maine still have two options for fulfilling the compulsory attendance law. Homeschoolers may form or join NAPS groups, or they can file the new notice of intent as described below.

This year provided a breath of fresh air as the homeschool law in the state of Maine was relaxed. Because of your diligent efforts through letters, phone calls, and prayers, Maine homeschoolers no longer need to submit an application, but may simply notify the state of their intent to homeschool.

On Friday, May 16, Governor John Baldacci signed into law Legislative Document 160, putting into effect a complete overhaul of Maine's homeschool law. The need to obtain "approval" is now a distant memory. The authority of local school boards to exercise "oversight" of homeschooling is abolished. Thanks to your hard work, the Department of Education's role has been dramatically reduced. 

The next challenge we may face could be an attempt by the Department of Education to adopt regulations that create restrictions similar to those the legislature just abolished. HSLDA will be watching this very closely. We must not allow ourselves to be dragged backwards. I attended a meeting in June with Edwin Kastuck of the Department of Education to work to ensure that the Department stays within the law.

Below is HSLDA's advice for members concerning following the new law this summer.

Guidance for Operating Under the New Maine Homeschool Law

1. File a written notice of intent (not "application") 10 days before or after the child's home instruction begins.

The notice includes the following: 

bulletname, signature, and address of the parent or guardian, 
bulletthe name and age of the student,
bulletthe date home instruction will or did begin,
bulleta statement of assurance that instruction will be provided for at least 175 days annually and will cover the required subjects (same as previously required).
bulleta statement of assurance that the parents will submit a year-end assessment (same options as before). If you home schooled during the 2002-2003 school year, include your annual assessment with your notice of intent.

2. The notice of intent must be filed simultaneously with the local school administrative unit and with the commissioner of education. Although no specific form is required, one is available on our website, and we recommend that members use it. (See link below.)

3. Although not required, we strongly recommend that you mail the S.A.U.'s and commissioner's copies of the notice of intent and all subsequent annual letters (with the accompanying assessments) by certified mail, return receipt requested. Staple the green postal receipt to the appropriate document when the Post Office returns it to you so you can readily document your compliance if a question ever arises. (It is not uncommon for school officials to misplace paper work from homeschoolers).

4. If you filed an application last fall and never received a letter of "approval" from the Commissioner, I recommend that you immediately file a "notice of intent" from our web page. The Commissioner no longer has power to approve anyone's application, even those still pending. Filing a notice of intent will immediately place you in compliance with the compulsory attendance law. Your first annual letter and assessment will be due by Sept. 1 of this year.

5. The academic year is no longer rigidly required to begin Sept. 1 and end Aug. 31. You may determine when your academic year begins and ends. The annual letter and assessment, however, is due no later than Sept. 1, even if this does not coincide with the academic year you choose.

6. You must keep the following records until the home school program concludes: all notices, letters and assessments you file with the S.A.U and Commissioner. I recommend that you keep them longer--until the student has finished all higher education, trade or professional school, and all trade or professional licensure he may seek.

7. If your local S.A.U. notifies you that they will release "directory information" about your student unless you reply, they are not aware of the additional privacy protection LD 160 brought. Let HSLDA know immediately.

8. LD 160 has no impact on those who homeschool via a non-approved private school. It has no impact on access to public school sports, classes, etc. 

During this period of transition, we must be especially vigilant. Please let HSLDA know at once if any state or local official places demands on families that are not authorized under law. If one family acquiesces when an official oversteps proper bounds, it encourages the official to believe he was entitled to do what he did, and then proceed to violate the rights of other families, as well. If it continues unchallenged it may become a policy.

The price of liberty is eternal vigilance, as has been truly said. The blessing of liberty itself, however, and all the blessings that flow from liberty, far surpass the small burden we carry to protect it and help it grow. Maine homeschoolers, who came to Augusta by the hundreds to support LD 160, hold this conviction deeply.

To read more information on LD 160 (as well as bill text)

For a copy of HSLDA's new Maine notice of intent form visit: (Requires member login.)

HOME's sample of the notice of intent.

LD 160 Law Summary

Many Maine homeschoolers may wonder how LD 160 has improved the legal climate for homeschooling in Maine. Some may feel that if parents have to send any information about their children to a state official, then not much has been gained. All homeschoolers would have been extremely happy if a bill had passed allowing complete homeschool freedom. Abolishing the requirement to file any paperwork, whatsoever, would have been awesome! We could all just enjoy our children and happily homeschool. Senator Weston, who sponsored LD 160, knew that homeschoolers would not be able to completely abolish all ties to the state. Senator Weston also knew that passage of LD 160 would provide a freedom not known to homeschoolers in Maine before. Yes,
some paperwork and accountably is still required. Our new law makes some very significant changes, though:

1. Lengthy applications are no longer used,
2. Approval is no longer given,
3. Support systems are not required, and
4. Curriculum outlines, materials lists, etc. are no longer required

Each of these changes takes precious time, that used to be spent in required paperwork, and gives it back to parents! The new statute may not be the ultimate statute, but is a vast improvement over the old Chapter 130!