Legislative Document 1197:Special Education and Postsecondary Enrollment Access


Last Updated: June 30, 2011
Legislative Document 1197:Special Education and Postsecondary Enrollment Access
Representative David Burns

Homeschooled students were previously legally entitled to participation in public postsecondary enrollment programs and access to special education services. A recent technical legislative change left homeschoolers excluded from both of these programs. This bill will reverse that change.

Because of a parliamentary maneuver in the senate, the bill must pass both the house and the senate by a two-thirds vote. A vote is expected sometime on Tuesday.

A number of homeschool families struggled after access to these programs was abruptly cut off. Even if you think you are not likely to participate in these programs, please help others for whom equal access is very important financially.

HSLDA's Position:
Action Requested:

None at this time.


03/22/2011     (House)     Introduced, referred to Education and Cultural Affairs Committee
04/06/2011     (Senate)     Hearing scheduled for 6:00 p.m. in Education and Cultural Affairs Committee
06/07/2011     (House)     Passed House Education Committee
06/08/2011     (House)     Passed to be enacted by Senate, sent to Appropriations Table
06/29/2011     (Senate)      Passed to be enacted with 2/3 majority
06/29/2011     (House)      Failed passage to be enacted

Because this bill was considered to be an unfunded mandate, it needed to have a two-thirds majority in both houses to pass. Although the senate passed the bill unanimously, the bill did not pass the house, and is now dead.

 Other Resources

Bill Text

Bill History

The Maine statutes certainly appear to give families equal access to these programs. And Maine homeschooled children actually had access for many, many years.

But a “reinterpretation” was implemented by the various bureaucracies—without legislative approval—as a result of which children were denied access.

Now the only way to restore access is for the legislature to take action by the passage of LD 1197.