Legal/Homeschool Laws
Laws that regulate home education vary from state to state. It is important to understand the legal requirements in your state and to be aware of legislative and other legal issues that affect homeschoolers in your community. We've compiled resources that will help you become informed. Although homeschooling is legal in all 50 states, and the vast majority of homeschoolers face no problems, you may find that you need legal assistance at some point in your homeschooling career. We've compiled a list of resources to help you find the support you need. And if you'd like to become more involved in working towards homeschooling freedoms, we discuss some of the issues facing homeschoolers that we hope you find compelling.
State Laws
Read the laws regulating home education in Maine and browse through the case law and legal opinions relating to those laws, along with government publications relating to homeschooling and summaries of the laws.
Forms
Which forms do you need to fill out? Where can you get them? Here is a list of useful forms for homeschooling in Maine.
Legal Support
If you need legal information or have run into a legal situation regarding your decision to homeschool, these resources will be helpful.
Lobbying Groups
A listing of local and national lobbying groups and information on how you can become involved in the political process to ensure the freedom to homeschool is protected.
Attorneys
When searching for an attorney, it is helpful to know whether he or she has experience working with homeschoolers and is interested in protecting the right to homeschool.
Legal Issues
Is homeschooling legal? Which laws pertain to homeschoolers and which don't? How do homeschoolers protect their rights to freely educate their children and to preserve their privacy?
Government Resources
A listing of local and state government resources, including your state's Department of Education, school districts, and Senate and House of Representative information.
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Maine Department of Education
The Maine Department of Education provides this website as its official internet presence.
§5001-A. Compulsory attendance
1. Requirement. Persons 7 years of age or older and under 17 years shall attend a public day school during the time it is in regular session ...
3. Alternatives to attendance at public day school. Alternatives to attendance at public day school are as follows.
A. Equivalent instruction alternatives are as follows.
(1) A person is excused from attending a public day school if the person obtains equivalent instruction in:
(a) A private school approved for attendance purposes pursu...
§5024. Local school unit policy.
Each school administrative unit shall develop and adopt a policy consistent with this subchapter. Establishment and administration of the local school unit policy is subject to the following. [1995, c. 610, §1 (new).]
1. Policy. Local school unit policy must be submitted to and placed on file in the department by January 1, 1997. [1995, c. 610, §1 (new).]
2. Implementation. Locally approved policy is implemented and administered by the local school unit. [1995, c. 610, §1 (ne...
Association of HomeSchool Attorneys (AHSA)
AHSA is an informal network of attorneys and legal experts in the United States supporting homeschooling and homeschoolers by providing legal information about homeschooling issues, empowering homeschoolers to have the legal tools they need to meet homeschooling challenges, and providing a network of attorneys for legal representation. The website includes a legal directory by state.
Home School Information Sheet
L.D. 160, An Act to Amend the Laws Governing Home Instruction, was approved by the 121st Maine Legislature and signed by Governor Baldacci on May 16, 2003. This information sheet details the changes and how to comply with the law.
§5021. 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 instruction program under section 5001-A, subsection 3, paragraph A, subparagraph (4) for a student otherwise eligible to attend school in that school administrative unit. [2003, c. 181, §2 (amd).]
1. Participation in regular classes. A student receiving home instruction may enroll in specific day school classes at the appropriat...
How to Comply with Vermont's Homeschool Law
Vermont law specifically refers to homeschooling in 16 V.S.A. § 11(a)(21) and 16 V.S.A. § 166b. To homeschool under this statute, you’ll need to follow these guidelines. Necessary steps include sending in a written enrollment notice, submitting a narrative describing the content to be provided in each subject area, obtaining acknowledgement of compliance, teaching the required subjects and assessing your child annually.
§5023. Standards for participation when tuition payment is required.
When the local public school unit does not provide academic instruction for specific grade levels, the following applies for students enrolled in an approved program of equivalent instruction. [1995, c. 610, §1 (new).]
1. Class participation. The home-schooled student or the student's parent or guardian shall request authorization from the resident local school unit to apply to another school unit for permission to participate in classes or activities in that other school unit. [1995, ...
§5025. Compliance.
Appeals that question the local school unit's policy compliance with this subchapter must be made to the commissioner, whose decision is final and binding.
§5022. Admission to regular program.
1. Placement. A student who has been receiving home-school instruction and who seeks admission to the regular school program must be placed in a grade commensurate with the level of the student's academic achievement. Placement must be guided by the following.
A. Grade level placement is determined by the locally designated appropriate school staff, based upon but not limited to such factors as the student's completed curricula and record of achievement, conferencing with the student's p...
Notice of Intent to Homeschool 2005-2006
Form provided by the Depatment of Education for the state of Maine.
Maine Home School Laws from HSLDA
The Home School Legal Defense Association provides a brief summary of the homeschooling laws in Maine. Includes a link to a legal analysis of laws relating to homeschooling in Maine.
How to Withdraw Your Child from School in Vermont
If you want to start homeschooling during the school year and your child is currently enrolled in a public or private school, HSLDA recommends that you formally withdraw your child from that school. If you are going to start homeschooling after the school year is over, and your child is considered enrolled for the following year, we recommend that you withdraw your child before the next school year begins, so that the school does not mark your child as absent or truant.
Compulsory School Age in Vermont
The laws in Vermont state that you must enroll your child in school from the day he or she turns 6 years old until he or she turns 16. This HSLDA article details the Vermont state compulsory school age regulations.
2005-06 Subsequent Year Letter to Homeschool
This form is intended for use by the parents of children who were homeschooled in Maine during the previous school year. It is provided by the Depatment of Education for the state of Maine.
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