Equivalent Instruction Private Schools

3.  Alternatives to attendance at public day school.  Alternatives to attendance at public day school are as follows. A person 5 years of age or older and under 6 years of age is not required to meet the requirements of this subsection.  

• A. Equivalent instruction alternatives are as follows.  
  • (1) A person is 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 2901;  
    • (b) A private school recognized by the department as providing equivalent instruction;  
    • (c-1) A home instruction program that complies with the requirements of subparagraph (4); or  
    • (d) Any other manner arranged for by the school board and approved by the commissioner.  

There are many private schools in Maine. The law uses the term “private schools recognized by the Department as providing equivalent instruction” (20-A M.R.S.§5001-A(3)(A)(1)(b)) to refer to private schools that choose not to seek Department approval. 

Equivalent instruction private schools are also distinct from home instruction. For home instruction requirements and laws, please visit the Home Instruction webpage

In an equivalent instruction school, the school provides the teachers, curriculum, assessment, safety measures, attendance and other structural processes that ensure that a student is being afforded equivalent instruction within the meaning of 20-A, M.R.S.A. §5001. The school is required to notify a their local superintendent about any resident student that attends the private school, as outlined in 20-A M.R.S.§5001-A(3)(A)(2): “A student is 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.” A high school student in an equivalent instruction school is not eligible to participate in Early College Opportunities in Maine. 

Schools seeking to be recognized as providing equivalent instruction in Maine may provide an annual letter to the Maine Commissioner of Education (prior to October 1, preferably) stating the intent to operate as such, according to the Guidelines for Private Schools Recognized by the Department as Providing Equivalent Instruction. A school year begins on July 1 and ends on June 30. The Department will provide an acknowledgement of the annual letter, a copy of which will be provided to any member of the public upon request, along with an explanatory statement about recognized schools in Maine.