Code: JEA
COMPULSORY ATTENDANCE
Under state law, full-time school attendance is
required of all children from their 7th to their 17th birthday except:
A. A person who graduates from high school
before their 17th birthday;
B. A person who has:
1. Reached the age of 15 years or completed
the 9th grade;
2. Permission to leave school from that
person’s parent;
3. Been approved by the principal for a
suitable program of work and study or training;
4. Permission to leave school from the Board
or its designee; and
5. Agreed in writing with that person’s
parent and the Board or its designee to meet annually until that person’s 17th
birthday to review that person’s educational needs. When the request to be excused from school
has been denied pursuant to this paragraph, the student’s parent may appeal to
the Commissioner;
C. A person whose absence is excused under
20-A MRSA § 5051; or
D. A person who has matriculated and is
attending an accredited, post-secondary, degree-granting institution as a
full-time student. An exception to the
attendance in public school under this paragraph must be approved by the
Commissioner.
Alternatives to
Attendance at
A. Equivalent instruction alternatives are as
follows:
1. A person shall be excused from attending
a public day school if the person obtains equivalent instruction in:
a.
A private school approved for attendance
purposes pursuant to 20-A
Page 1 of 4
Code:
JEA
b. A private school recognized by the
department as providing equivalent instruction;
c. A home instruction program that complies
with the requirements of 20-A MRSA § 5001-A(3)(A)(4);
or
d. Any other manner arranged for by the
Board and approved by the Commissioner.
2. A student shall be credited with
attendance at a private school only if a certificate showing the name,
residence and attendance of the person at the school, signed by the person or
persons in charge of the school, has been filed with the school officials of
the administrative unit in which the student resides.
3. The following provisions apply to home
instruction program:
a. The student’s parent/guardian must provide a written notice of intent to provide home instruction that meets the requirements of 20-A MRSA § 5001-A(3)(A)(4)(a) simultaneously to the school officials of the administrative unit in which the student resides and to the Commissioner within 10 calendar days of the beginning of home instruction.
b. On or before September 1 of each
subsequent year of home instruction, the student’s parent/guardian must file a
letter with the school officials of the administrative unit in which the
student resides and the Commissioner stating the intention to continue
providing home instruction and enclose a copy of one of the forms of annual
assessment of the student’s academic progress described in 20-A MRSA 5001-A(3)(A)(4)(b).
c. Dissemination of any information filed
under 20-A MRSA § 5001-A(3)(A) is governed by the
provisions of 20-A MRSA § 6001 (dissemination of information); the federal
Family Educational Rights and Privacy Act of 1974, 20 USC § 1232g (2002); and
the federal Education for All Handicapped Children Act of 1975, 20 USC §
1401-1487 (2002), except that “directory
information” as defined by the federal Family
Page 2 of 4
Code: JEA
Educational
Rights and Privacy Act (FERPA) is confidential and is not subject to public
disclosure unless the parent/ guardian specifically permits
disclosure in writing or a judge orders otherwise. Copies of any information filed under 20-A
MRSA § 5001-A(3)(A) must be maintained by the
student’s parent/guardian until the home instruction program concludes. The records must be made available to the
Commissioner upon request.
d. If 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 by law. The receiving school shall determine the placement
of the student. At the secondary level,
the principal of the receiving school shall determine the value of the prior
educational experience toward meeting the standards of
B. A person may be excused from attendance
at a public day school pursuant to 20-A MRSA § 5104-A or
§ 8605 (other public or private alternative programs).
A
person’s absence is excused when the absence is for the following reasons:
A. Personal illness;
B. An appointment with a health professional
that must be made during the regular school day;
C. Observance of a recognized religious
holiday when the observance is required during the regular school day;
D. A family emergency; or
E. A planned absence for a personal or
educational purpose which has been approved.
Page 3 of 4
Code:
JEA
Parents are responsible for the attendance of
students who are under 17 years of age.
The Board shall work with families in an effort to ensure compliance.
Secondary school students 20 years of age or
more will only be admitted to the school unit with prior Board approval.
Legal Reference: 20-A
MRSA § 5001-A; 5003; 5201
Cross Reference: IHBG - Home Schooling
JFC - Student Withdrawal From School/Dropout Prevention Committee
First
Adopted:
Page 4 of 4