SUMMARY: This chapter outlines the procedures and standards governing the Commissioner's approval of proposed equivalent instruction programs, commonly referred to as "homeschooling", pursuant to 20-A, M.R.S.A., 5001-A (3) (A).

Section 1 DEFINITIONS

A. Commissioner: "Commissioner" shall mean the Commissioner of the Department of Education or the Commissioner's designee;

B. Equivalent Instruction: "Equivalent Instruction" shall mean a program of instruction approved under the requirements of the compulsory attendance law as an equivalent to attendance at a public school or an approved private school, as authorized by 20-A, M.R.S.A., 5001-A (3) (A);

C. School: "School" shall mean any regular instructional program conducted for the purposes of the compulsory attendance law which enrolls two or more unrelated students;

D. School Board: "School Board" means the governing body with statutory powers and duties of a school administrative unit;

E. School Year: "School Year" for the purposes of this chapter, is defined as a year, or part thereof, starting on September 1^st and ending on the following August 31^st; and

F. Tutor: "Tutor" shall mean the parent(s) or other person(s) who acts or will act as the primary teacher of the student in an equivalent instruction program.

Section 2 SCHOOL BOARD POLICY

A. The school board of every school administrative unit shall adopt a policy governing its role in the review and oversight of applications for equivalent instruction programs.

B. A current copy of that policy shall be made available to all interested individuals upon request.

C. The policy may require an annual review of each equivalent instruction program, including the annual assessment outlined in Section 3 (J) by the school board of its designee.

D. After July 1, 1992, school boards which choose to review and submit comments on the completeness of equivalent instruction programs may submit such comments to the Commissioner within thirty (30) days of the receipt of the application.

Section 3 COMMISSIONER'S REVIEW OF EQUIVALENT INSTRUCTION

APPLICATIONS

The commissioner shall review all relevant material to determine if the student will be provided equivalent instruction within the meaning of 20-A, M.R.S.A. , 5001-A (3) (A). The Commissioner shall determine whether the plan includes the following:

A. Competent instruction by a tutor who holds, or is eligible to hold, a certificate as a teacher in the State of Maine, or, competent instruction by a tutor who will be assisted by a satisfactory support system. The support system shall include one of the following:

(1) provision for a certified teacher to work with the tutor on a regular basis, at a minimum of four times during the school year;

(2) provision for the tutor to receive regular assistance, at a minimum of four times per year, from a public school or an approved private school;

(3) provision for the tutor to receive regular assistance and supervision, at a minimum of four times during the school year, from another approved home instruction program which has been in operation for a minimum of one school year; or

(4) provision for other support systems approved by the Commissioner, such as, but not limited to, local homeschool support groups.

B. An instructional day of adequate length of time to accomplish the proposed education program;

C. An instructional year which meets at least the minimum number of days required by statute (175 days);

D. A sample of a typical weekly instructional scheme describing the subject areas to be taught;

E. A syllabus (curriculum outline) of the educational program which includes instruction in the basic curriculum required to be taught to students in public or private schools in accordance with Chapter 127 for elementary and secondary school programs, (English/language arts, math, science, social studies, physical education, health education, library skills, fine arts and, in at least one grade between grades 6 and 12, Maine studies). The syllabus shall also include a provision, at one grade level between grades 7-12, for the student to demonstrate proficiency in the use of computers;

F. A list or description of the instructional materials and textbooks which will be used by the student;

G. The tutor's plan of assessment which will accurately and adequately measure the student's academic abilities and progress in the proposed educational program at least four times during the school year;

H. A plan for record-keeping which charts the student's academic progress and records other pertinent information;

I. An identification and description of the support system selected to carry out the objectives of the educational plan; and

J. An annual assessment of the student's academic progress which shall include at least one of the following:

(1) provision for a standardized achievement test through the local school unit or through other arrangements approved by the Commissioner. If administered through the local school unit, such provision must be agreed to by the local school unit prior to submission of the equivalent instruction application;

(2) provision for a test developed by the local school unit appropriate to the student's educational plan. This provision must be agreed to by the local school unit prior to the submission of the equivalent instruction application;

(3) provision for a review and acceptance of the student's progress by an identified individual who holds a current Maine teacher's certificate;

(4) provision for a review and acceptance of the student's progress through, but not limited to, a presentation of an educational portfolio on the student to a local area homeschooling support group whose membership for this purpose includes a currently certified Maine teacher or administrator; or

(5) provision for the review and acceptance of the student's progress by a local advisory board selected by the superintendent which shall include one administrative unit personnel and two home instruction tutors. This provision must be agreed to by the local school unit prior to submission of the equivalent instruction application.

Section 4 ADDITIONAL REQUIREMENTS

A. Records

The records required by Section 3 (H) shall be maintained by the parents of the student until the home instruction program concludes. The records shall be made available to the Commissioner upon request.

The dissemination of information concerning students receiving equivalent instruction through home instruction is governed by the provisions of 20-A, M.R.S.A., Section 6001.

The education records of students receiving equivalent instruction through home instruction have the same status under the United States Family Education Rights and Privacy Act of 1974, (F.E.R.P.A.) Public Law 93-380, as amended by Public Law 93-568, and the United States Education of All Handicapped Children Act, Public Law 94-142, as the education records of students in public and private schools, except that home instruction programs need not receive federal funds to be covered by F.E.R.P.A. These laws govern the dissemination of information about students, as well as applications for equivalent instruction through home instruction, comments on the completeness of those applications and all education records of students receiving equivalent instruction through home instruction.

B. Filing Records

A copy of the results of the annual assessment required under Section 3 (J) shall be filed annually with the Commissioner and the local superintendent.

C. Students in Need of Special Education

Applications for equivalent instruction programs may be submitted by parents or guardians regardless of the special education status of their children.

A school administrative unit is responsible for ensuring the provisions of special education services to all identified exceptional students, including students receiving home instruction. The provisions of such services may occur in the home at the discretion of the district, or at some other neutral site, including the public school.

Each school administrative unit shall at least annually: a. inform the parent of the unit's responsibility to offer a free and appropriate education, including special education services; b. review the special education needs of an exceptional student enrolled in a home instruction program; c. develop a proposed Individualized Education Program for the parents' consideration; and d. advise the parents of the procedural safeguards required under Chapter 101 of the Maine Special Education Regulations, as well as those under the Federal law, "Individuals with Disabilities Education Act (IDEA)".

D. Maine Educational Assessment

Equivalent instruction students may participate in the Maine Educational Assessment (MEA) but are not required to do so. If a parent of a student in an equivalent instruction program decides to have the student take the MEA, the student must do so at a local public school under the standard testing conditions.

Section 5 APPLICATION PROCESS

A. Submission of Applications

Applications for equivalent instruction shall be submitted to the Commissioner on Maine State Department of Education forms. Supplemental information may be included as part of the application. At the same time a copy of the application shall be sent by the parent/guardian to the local superintendent of schools.

B. Annual Filing of Applications

Applications for equivalent instruction shall be submitted annually and for a single school year.

C. Start of Equivalent Instruction Programs

Equivalent instruction programs may begin upon approval of the application by the Commissioner, or no later than the sixty (60) day period provided for Commissioner approval.

Section 6 APPROVAL PROCESS, AMENDED APPLICATIONS AND FILING OF APPEALS

A. Decision of Initial Application

Within 60 days of the receipt of the application, the Commissioner, using state criteria established by this chapter, shall decide whether to approve the equivalent instruction application.

B. Opportunity to Submit Amended Application

If an application is denied, an amended application may be submitted to the Commissioner within 30 days of the receipt of the denial. The notice shall state the reason for denial and shall inform the parent(s) of the right to submit an amended application.

C. Decision on Amended Application

The Commissioner shall make a decision on an amended application within 30 days of its receipt. If an amended application is approved, the parent(s) shall send a copy of the amended application to the local school unit for information purposes. If an amended application is denied, the notice of denial shall inform the parent that an appeal of the denial may be filed with the Commissioner within 30 days of receipt of the notice of denial.

Section 7 APPEALS PROCESS

A. Convening of State Level Appeals Advisory Board

Upon receipt of an appeal that has been filed within the time limits outlined in Section 6, the Commissioner shall convene a State Level Appeals Advisory Board to hear the appeal.

B. Composition of State Level Appeals Advisory Board

The Commissioner shall appoint one individual from the Department to chair the State Level Appeals Advisory Board, one individual from the administration of a school administrative unit, and three individuals who are currently conducting approved equivalent instruction programs.

C. Hearings and Recommendations

The State Level Appeals Advisory Board may hold a fact-finding hearing and shall make a finding of facts, and shall forward these findings along with its recommendation to the Commissioner.

D. Decision on Appeals

The Commissioner shall inform both parent(s) and the superintendent in writing as to the final decision. If the appeal is denied, the decision shall be deemed a final agency action, within the meaning of the Maine Administrative Procedures Act, and appealable to the Superior Court. If the appeal s granted, the school unit shall treat the student as properly excused from public school attendance.

Section 8 TRANSFER OF APPROVAL

Equivalent instruction programs which have been approved while the parents reside in one school administrative unit are approved for the entire school year regardless of any change of residence by the family. If the equivalent instruction program is to continue in the next school year, application must be made in the school administrative unit where the family resides.

Section 9 DISCONTINUATION OF HOME INSTRUCTION PROGRAM

In the event that 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 20-A, M.R.S.A., 5001-A (3) (A) (1). The receiving school shall determine the placement of the student.

At the secondary level, credit may be awarded by the receiving school upon its assessment of the value of the home instruction educational experience, in accordance with Chapter 127.11(A).

BASIS STATEMENT FOR AMENDED RULE EFFECTIVE JULY 1, 1992

These rules are intended to define one manner, home instruction, in which educational programs are approved by the Commissioner as equivalent instruction. They are intended for use by individual families planning to instruct their own children. Instruction of non-related students is not the focus of these regulations. Such programs should seek approval or recognition as private schools.

Emergency legislation passed by the Legislature and signed by the Governor on July 7, 1989, changed the way home schooling applications are approved. Subsequently, this legislation has been further amended, effective July 1, 1992. The Commissioner finds changes in this Chapter were necessary to be consistent with the new law.

This rule has been amended to reflect the changes in the roles that local school boards have in the review and approval, or oversight of home instruction programs. Language has been adopted to reflect such roles. Specifically, Section 2 more clearly defines the requirements of local school boards with respect to the legislation.

Changes in the rule have been made in the curriculum requirements of students who are being home schooled. These requirements are being revised to be consistent with academic requirements of Chapter 127, Instructional Requirements and Graduation Standards, and, to ensure that equivalent academic instruction and minimum proficiency requirements are available for all students. (Section 3 E)

In light of the limited requirements of involvement by local school boards, additional language was added to any selection of an annual assessment choice which involves local school unit participation. Specific language has been inserted which requires that an agreement with local school units be reached prior to submission of the application. This is seen as a safeguard for parents who might assume automatic participation by local school units in annually assessing the student's academic program. (Section 3J)

A change in an annual assessment option has been made. Submission of a student's educational portfolio to a state level advisory board had been deleted and replaced by a review and acceptance of the student's progress by a local area homeschool support group whose membership for this purpose includes a currently certified Maine teacher or administrator. This is viewed as a process which will enable students to have their work evaluated by a group of local people who can then offer feedback and recommendations. (Section 3 J 4)

Language has been added to this rule which deals with awarding of credit at the secondary level in accordance with Chapter 127.11 (A), should a homeschooling student return to the public school.

STATUTORY AUTHORITY: 20-A M.R.S.A. 5001-A (3) (A)

EFFECTIVE DATE: July 1, 1992