Maine
New rules for equivalent instruction
New rules for equivalent instruction programs were filed with the Maine Secretary of State on May 2 and are now in force. These are the most significant changes:
- Formerly, the subjects that home schoolers operating under Chapter 130 were required to teach were those listed in Chapter 127, where the required subjects for public schools were listed. Every time Chapter 127 changed, it had the potential to affect Chapter 130 home schoolers. Section 3.E of Chapter 130 has now been changed to remove this link. The subjects that Chapter 130 home schoolers must teach are now independently listed in Chapter 130. They are the same subjects as were previously required. Home schoolers sought this change.
- The 60-day "safe harbor" has been stripped. Previously, an application was automatically deemed approved unless the commissioner denied it within 60 days. Section 6 has now been amended so that an application is only deemed automatically approved after 60 days if the application is "complete." But the commissioner is not required to ever acknowledge that your application is complete! So if you send in your application, and receive nothing back from the commissioner, you will have no idea if the silence means your home school program is approved or not approved, and thus potentially subject to prosecution or a neglect charge. Home schoolers vigorously opposed this change by coming to the public hearing, writing letters, and making phone calls.
During the 2000-2001 legislative session, it came to light that the commissioner was falling woefully short of the standard that required him to make decisions on applications within 60 days. He was allowing hundreds of applications to be deemed approved that did not contain the required annual assessments because he did not respond within 60 days. When a person or organization fails to live up to a standard, two things can happen. He can change his conduct to meet the standard, or he can lower the standard. Rather than improving his performance, the commissioner shamelessly chose to simply lower the standard to meet his own poor performance.
This is what happens when unelected bureaucrats are permitted to write the rules for their own conduct. The commissioner is appointed, not elected, and thus is unaccountable to the citizens. He can adopt any rule he wishes with no fear of losing an election as a consequence.
Many home schoolers will now find themselves in the intolerable situation of not knowing whether or not they are potentially subject to prosecution or child neglect charges. We believe, hope, and pray that this change will not stand.
—Scott A. Woodruff
