Like many states in America, Maine is seeing explosive growth in the number of families opting for homeschooling instead of local public schools. In the early 2000s, around four thousand students in Maine were homeschooled, with very slow growth. In 2024, that number has surpassed ten thousand, with rapidly growing adoption since the pandemic.
Homeschooling offers parents and students many things they cannot receive from the public school system. Parents often have concerns about school curriculum and safety, while students may feel educators overlook their unique education needs. With homeschooling, parents can become more intimately involved with their children's growth and shape them into future leaders.
At the same time, Maine doesn't allow anyone to just remove their child from public school and call it a day. To homeschool in Maine, you must make your intentions known to school officials, develop a plan, and show ongoing progress of your student's academic success. With so much to juggle, parents can quickly find themselves overwhelmed.
At the Lento Law Firm, we are dedicated to guiding Maine parents through the complex and sometimes adversarial process of homeschooling their children. Homeschooled students retain many of the rights they had during their stay in public school. However, local districts and officials may obstruct parents when they try to involve their children in the local community. This isn't right, and we want to help.
If you are struggling to meet Maine's standards, cannot benefit from local programs, or are witnessing your student's rights being eroded, the Lento Law Firm Education Law Team can assist in every way. Call today at 888.535.3686 or contact us through our website to get the help you need.
Maine's Compulsory Education Law
Whatever the reason for considering homeschooling for your Maine student, removing them from public school is more complicated than checking a few boxes. This is mainly due to Maine's compulsory education attendance laws, which outline strict requirements for all children in the state.
By default, the law requires every child between the ages of 6 and 17 to attend public school during regular school seasons. However, there are alternatives, namely private education and home instruction. Both alternative options fulfill Maine's attendance requirements only if accredited or approved by the state.
On top of alternative programs, there are times when a child is not required to attend school. These include when they:
- Graduate from high school prior to their 17th birthday, fulfilling their educational requirements
- Reach the age of 15 or complete 9th grade. Then, they can leave school with the permission of their parents and school officials after being approved for a training or work program and agreeing to annual educational reviews.
As you can see, these exceptions in no way allow for children to completely avoid education or guidance. The law still requires that every child receive education in some form or another. Maine has a vested interest in every child's future, and any attempts to educate your child through alternative programs should start with research so you don't run afoul of state laws.
Beginning Homeschooling in Maine
Now that you know about Maine's compulsory education law, you understand that the process of homeschooling will not be simple. That doesn't mean it will be overly difficult, but it does mean that you must follow the detailed instructions and requirements described in Maine's education attendance law. Without paying attention to these legal mandates, your child's educational future will be at risk. This isn't just paperwork—non-compliance could lead to costly legal battles or force your child back into public school.
The first step in legally withdrawing your child from a public school system in Maine and beginning homeschooling is to provide school officials with a written notice of intent to provide home instruction. This notice is legally required within a brief 10-day window following the start of home instruction. The notice of intent must include:
- Your child's personal information, including name and age
- The date that home instruction is set to begin
- Your name, signature, and address
- A statement reassuring officials of the legal compliance of your home instruction program with curriculum and testing requirements
Beyond this notice, there isn't much parents are required to do to begin homeschooling in their first year. But the details are important, and you don't want to make any mistakes during tedious procedural matters that can come back to bite you. There are even additional ways to homeschool, such as joining a network of Maine parents and forming a pseudo-private schooling program. By working with the Lento Law Firm Education Law Team, you and your student can find the best option and start home instruction on solid ground.
Curriculum and Testing Compliance in Maine
When filing a notice of intent with school officials, parents and guardians must include reassurances that their home instruction program will do two things:
- Provide 175 days of instruction in the following subjects:
- English and language arts
- Science
- Math
- Social studies
- Physical education
- Health Education
- Fine arts
- Library skills
- Maine studies, in at least one grade
- Computer usage, tested at least once between grades 7 and 12
- Maintain standards relating to testing and assessments following the first year of home instruction
For an initial year of homeschooling, Maine has no previous years of home instruction to scrutinize. However, after your first year, you must adhere to the second guideline and provide evidence of your student's academic progress. You have options, including:
- A standardized achievement test, which can be administered by the local school district or independently with oversight before filing the intent to homeschool.
- A test developed by local school officials that aligns with the homeschool program, requiring approval from the school officials before homeschooling begins.
- An evaluation conducted by a certified Maine teacher who reviews and approves the student's progress.
- A portfolio of the student's work, reviewed and approved by a local homeschool support group that includes a certified teacher or administrator.
- A review by a local advisory board selected by the superintendent, consisting of one school employee and two home instruction tutors, with approval from local school officials.
These assessments are required by September 1st of each year, along with a new version of your letter of intent to continue homeschooling.
In both instances—curriculum assurances and academic progress—parents have decent amounts of flexibility. However, this flexibility is still restrained by the overall requirements. Maine will not force you and your child to follow a specific science or math curriculum, but they will require evidence of your child's academic progress.
Parents who are frustrated with the current public school system may not appreciate any form of oversight, but failing to adhere to Maine's guidelines can result in a world of trouble. If your curriculum does not meet standards or academic tests are not accepted, your child may be forced to return to public school.
Despite oversight requirements, parents and students can succeed in home instruction if they follow the rules. It's even easier to adhere to Maine's requirements with the help of the Lento Law Firm. If you are unsure of your legal responsibilities as you transition from public school to homeschooling, our Education Law Team can help.
Access to Special Education Services
One of the primary reasons that many parents choose homeschooling is to provide their children with disabilities with better care and education than the public system can offer. To make this even more accessible for parents, Maine allows homeschooled students with special needs to access some of the same educational services available to their public school peers—though accessing these services can be complex and inconsistent.
Under the federal Individuals with Disabilities Education Act (IDEA), children with disabilities are entitled to certain services and support, such as disability evaluations and access to Individualized Education Programs, to help them achieve academic success. However, this act says that children placed in private schools by parents do not have an individual right to services given to students in public schools.
If, for example, multiple children in private schooling or homeschooling all need disability assistance, there is no guarantee they will receive adequate services from their local school district. Funding can flow to a few students or all students or meet the total needs of a minimal number of students.
Since Maine does not classify homeschooling as an offshoot of private schooling, IDEA does not explicitly address a child's right to disability services. However, it's common for local school systems and disability services to view homeschooled students in the same way as private school students. In addition, since Maine sometimes classifies homeschooled students as private school students when they join a homeschooling network, all relevant laws regarding private schooling apply.
Since these programs are offered through local schools, where you live will affect what happens when you attempt to help your child benefit from federal programs. Often, it is easier for students enrolled in some classes at the local public school to benefit. Unfortunately, this can be a significant hurdle for families who want their child to remain exclusively homeschooled, away from the public system.
Parents frequently encounter resistance from school districts that provide these services. Some districts push to reduce the scope of services to children outside the public school system, and parents need to advocate for their children to ensure they receive the full scope of services they are entitled to under federal and Maine laws. The Lento Law Firm is here to help if you are encountering pushback. Our Education Law Team will fight for what is right, never giving up before your child has what they need to succeed academically.
Extracurricular Possibilities for Maine Homeschool Students
Like many other states, Maine understands how important it is for homeschooled students to get out of the house, make friends, and engage with other students despite their unique educational status. Maine homeschooled students and others in equivalent programs like private schooling can typically participate in public school extracurriculars and interscholastic activities.
To be eligible, students and parents must apply and receive approval from the school principal overseeing the program. After considering requirements like behavioral expectations and physical capability, the only way for a school program to deny a homeschooled student is if the school cannot feasibly accommodate additional participants.
Students can only participate in activities not already offered by their current program, meaning homeschooled students who are a part of homeschooling networks may not be allowed to enroll in local public programs. However, eligibility in local programs is always complex, as what one school allows, another may not.
Kids deserve to be kids regardless of where they attend school. The Lento Law Firm can help your students find local eligible programs or fight for the right to participate with their peers if the public school system is trying to keep them out.
What Else Might Homeschooled Students Lack in Maine?
Homeschooling certainly has benefits, but as we saw with extracurriculars and disability assistance, there is often friction when parents try to access additional resources. In addition to those major concerns, there are more minor setbacks that make it challenging to educate a Maine child through homeschooling:
- Textbooks and Educational Materials: Maine public schools are not required to provide textbooks or educational materials to homeschooled students, though local districts may offer this service if extras are available.
- Technology Resources: The Maine Learning Technology Initiative provides laptops and other devices to public school students, but these are not available to homeschoolers.
- Guidance and Counseling: Homeschool students typically do not receive the guidance counseling or career planning services that public school students might offer to all students.
Because Maine law is quite clear on what homeschoolers cannot access, it's even more vital that parents can access the local resources their children qualify for. If not, homeschooled students will be at a distinct disadvantage to their peers. The Lento Law Firm can clarify which state programs and initiatives apply to your student and assist if you cannot access legally mandated resources.
Call the Lento Law Firm Today to Help Your Maine Child Succeed in Homeschooling
Even though homeschooling is becoming more popular in Maine, that doesn't mean you should expect an easier time as you begin removing your child from public school. In fact, with limited resources available to an increasingly large pool of homeschooled students, it may become even harder to access programs legally required by Maine. Your child is entitled to the same rights and benefits as other students, and your choice of schooling should not affect that.
When you send your child to public school, you don't need to consider the logistics of planning a curriculum or how to join the football team. But when you choose to homeschool, you gain many more responsibilities, which can easily pile up over time. The Lento Law Firm can help when times get hectic and navigating Maine's homeschool system becomes challenging.
Whether you are receiving accusations of an improper curriculum or facing issues when accessing disability resources, our Education Law Team understands what you are going through. We have represented parents and students extensively throughout the nation, including here in Maine, to help them transition to a more intimate schooling system.
Call today at 888.535.3686 or get in touch through our website to speak to our Education Law Team.
