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11/27/2006 10:54:37 AM
Home School Legal Defense Association
Maine--Private Schools Ordered to Give Information to Recruiters

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From the HSLDA E-lert Service...
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Maine--Private Schools Ordered to Give Information to Recruiters

Dear HSLDA members and friends:

The Maine Commissioner of Education recently sent a letter to private
school administrators telling them they must give college and military
recruiters access to their students' contact information under some
circumstances.

We believe the commissioner is in error. We have requested a response
from two officials in the commissioner's office.

The commissioner's statement stems from what appears to be a
misunderstanding of what a "local educational agency" is.
Administrative Letter 11 is correct in saying "local educational
agencies" must give student information to college and military
recruiters under some circumstances. The apparent error is in
asserting that private schools are "local educational agencies" and
therefore subject to this requirement. Two federal statutes define
"local educational agency" to include only public entities (20 USC
7713 and 7801).

Until we receive a definitive response, we advise the administrators
of non-approved private schools to disregard the commissioner's
October 19, 2006 Administrative Letter 11.

Scott Woodruff
HSLDA Staff Attorney

Link to Administrative Letter 11:
http://www.maine.gov/education/edletrs/2007/adlet/07adlet011.htm

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