COMPULSORY ATTENDANCE AGES

The School Board recognizes that under state law, full-time school attendance is required of all children 6 years of age or older and under 17 years of age shall attend a public school during the time it is in regular session 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 learner’s parent may appeal to the Commissioner; or

C. A person who has matriculated and is attending an accredited, postsecondary, 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.

D. A person enrolled in an online learning program or course, unless the person is enrolled in a virtual public charter school as defined in 20-A MRSA §2401 (11).

E. 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 section 20-A M.R.S.A. § 2901;

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 M.R.S.A. §5001-A(3)(A)(4); or

d) Any other manner arranged for by the Board and approved by the Commissioner.

F. A person may be excused from attendance at a public day school pursuant to 20-A MRSA § 5104-A (other public or private alternative programs) or § 8605 (learner attendance in adult education courses).

Credit for Attendance at a Private School

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 AOS 98 member school district in which the student resides.

Discontinuance of Home Instruction

If the home instruction program is discontinued, learners 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 learner. At the secondary level, the principal of the receiving school shall determine the value of the prior educational experience toward meeting the standards of Maine’s system of Learning Results.

Excusable Absence

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. The School Boards of the schools of AOS 98, recognizes that under state law, full time school attendance is required of all children 6 years of age or older and under 17 years of age shall attend a public school during the tire it is in regular session except:

1. A person who graduates from high school before their 17th birthday;

2. 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; or

C. A person who has matriculated and is attending an accredited, postsecondary, 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.

D. A person enrolled in an online learning program or course, unless the person is enrolled in a virtual public charter school as defined in 20-A MRSA §2401 (11).

E. 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 section 20-A M.R.S.A. § 2901;

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 M.R.S.A. §5001-A(3)(A)(4); or

d) Any other manner arranged for by the Board and approved by the Commissioner.

F. A person may be excused from attendance at a public day school pursuant to 20-A MRSA § 5104-A (other public or private alternative programs) or § 8605 (student attendance in adult education courses).

Credit for Attendance at a Private School

Students 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 AOS98 in which the student resides.

Discontinuance of Home Instruction

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 Maine’s system of Learning Results.

Excusable Absence

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;

E. A planned absence for a personal or educational purpose which has been approved; and

F. Education disruption resulting from homelessness, unplanned psychiatric hospitalization, unplanned hospitalization for a medical emergency, foster care placement, youth development placement or some other out-of-district placement that is not otherwise authorized by either any individual education plan or superintendent’s agreement developed in accordance with section 5205, subsection 2. “Education disruption” does not apply to a student who is out of school for 10 or more consecutive school days as a result of a planned absence for a reason such as a family event or a medical absence for planned hospitalization or recovery.

Parents are responsible for the attendance of students who are under 17 years of age. The Superintendent/designee shall work with families in an effort to ensure compliance.

Secondary school students 20 years of age or more shall only be admitted to AOS 98 schools with prior State approval.

Legal Reference: 20-A MRSA § 5001-A, 5003; 5201 Ch. 125 § 8.06 (Maine Dept. of Ed. Rule)

Cross Reference:

IHBG – Home Schooling

JFC – Learner Withdrawal from School/Dropout Prevention Committee

Approved: November 19, 2018

Changes to Compulsory Attendance and Truancy Statutes as of September 19, 2019 The 129th Legislature passed two bills, LD 150 and 151, that changed Maine’s compulsory school attendance and truancy statutes for younger students. Those changes are summarized below: • As of Sept. 19, 2019, compulsory attendance extends to all 6 year olds. Children must now be enrolled and attending school from their 6th birthday until their 17th birthday. • Any 6 year old who is not enrolled in public school must now be participating in an alternative to public instruction – either a private school or a home school program. • A 5 year old who has been enrolled in public school must attend throughout the regular school session unless and until the parent or guardian withdraws the child from school. • 5 year olds who are not enrolled in or who have been withdrawn from public school are not required to participate in an alternative form of instruction. • 6 year olds and enrolled 5 year olds are considered truant if they accrue 5 consecutive or 7 cumulative unexcused absences. Truancy incidents for 5 and 6 year olds should be reported and responded to using the process outlined in 20- A MRSA Section 5051-A(2).