A brief summary of the laws regulating home education in the state of Ohio.

In Pierce v. Society of the Sisters, the U.S. Supreme Court ruled that "the fundamental theory of liberty upon which all governments of this Union repose excludes any general power of the state to standardize its children by forcing them to accept instruction from public teachers only. The child is not the creature of the state."

For some years, the Social Security Administration has permitted home schoolers to receive benefits in some cases. The agency used a fuzzy test involving several different factors. New documents from the Social Security Administration indicate that the agency has a much better defined policy in place now.

The Home School Legal Defense Association is a non-profit advocacy organization established to defend and advance the constitutional right of parents to direct the education of their children and to protect family freedoms. HSLDA offers annual memberships and fully represents member families when they are in need of legal assistance. HSLDA also participates in legislative advocacy and research.

Every day we hear stories about districts which are exceeding their authority with respect to homeschooling regulations...and that's just the point. They are exceeding their authority. They are breaking the rules. We are expected to follow the rules and so should they. But, who will remind them if not us? Who will educate them regarding our rights and responsibilities and their own regulatory obligations if not us? Who will safeguard our rights to homeschool, according to the current regulations, if not us?

Find the laws pertaining to home education for all 50 states and U.S. territories.

The education establishment has realized that the socialization issue will be seen for the red herring that it is, and has searched for other means to suppress homeschooling. Two new strategies have emerged, and these pose real threats to homeschooling. The first strategy is to argue that homeschooling needs some form of accreditation. A number of reasons have been offered: it eases the transition back to the public school for those homeschoolers who go back, it is the basis for awarding a recognized diploma, and it makes it easier to provide homeschoolers access to public school programs and facilities such as science classes, libraries, sports, etc. But accreditation is simply another word for conforming, and the desire to not conform is the fundamental reason for choosing to homeschool. Homeschoolers as a group will not be seduced nor will they be tricked by the false promises of accreditation. The second strategy for suppressing homeschooling is one that is much more likely to be successful, and it is to drastically limit homeschoolers’ access to public higher education. In this, the education establishment has discovered its only effective weapon against homeschooling.

The greatest obstacle pioneering homeschoolers faced two decades ago was daunting: in most states home education wasn't legal. This article details five of the most significant cases that have become landmark decisions in the move towards homeschooling freedoms: the DeJonge case in Michigan, the Jeffery case in Pennsylvania, the Diegel case in Ohio, the Triple E case in South Carolina, and the Calabretta case in California.

The purpose of the rules in this chapter is to prescribe conditions governing the issuance of excuses from school attendance under section 3321.04 of the Revised Code, to provide for the consistent application thereof throughout the state by superintendents, and to safeguard the primary right of parents to provide the education for their child(ren). Home education must be in accordance with law.

There is a measure of freedom for 08 schools but the greatest freedom is experienced by home educators. We, who choose to home educate, have the freedom to provide a schedule flexible to the family’s needs. We have the freedom to teach one day a week or five, or all seven. As long as we meet the required 900 hours, how we choose to do it is up to the individual family. We have the freedom to use whatever curricula we choose. Home educators have the freedom, to use the hours for whatever type of education they choose – academics, the arts, religious instruction, skill development, or physical fitness. Unless your child sleeps all day almost anything they do is part of education. We have these freedoms regardless of the parent’s educational background. We have these freedoms regardless of religious affiliation or lack thereof. Most importantly, we are free from government intrusion in our homes.

Discusses testing with school districts, Ohio Proficiency Tests, assessment options and filing procedures, and participation in school-offered testing.

The Cato Institute was founded in 1977 by Edward H. Crane. It is a non-profit public policy research foundation headquartered in Washington, D.C. The Cato Institute seeks to broaden the parameters of public policy debate to allow consideration of the traditional American principles of limited government, individual liberty, free markets and peace. Toward that goal, the Institute strives to achieve greater involvement of the intelligent, concerned lay public in questions of policy and the proper role of government.

As their ranks increase, homeschoolers are tapping public schools for curriculum, part-time classes, extracurricular services, and online learning.

(A) A parent who elects to provide home education shall supply the following information to the superintendent: (1) School year for which notification is made; (2) Name of parent, address, and telephone number (telephone number optional); (3) Name, address, and telephone number (telephone number optional) of person(s) who will be teaching the child the subjects set forth in paragraph (A)(5) of this rule, if other than the parent; (4) Full name and birthdate of child to be educated at home; (5) Assurance that home education will include the following, except that home education shall not be required to include any concept, topic, or practice that is in conflict with the sincerely held religious beliefs of the parent: (a) Language, reading, spelling, and writing: (b) Geography, history of the United States and Ohio; and national, state, and local government; (c) Mathematics; (d) Science; (e) Health; (f) Physical education; (g) Fine arts, including music; and (h) First aid, safety, and fire prevention. (6) Brief outline of the intended curriculum for the current year. Such outline is for informational purposes only. (7) List of textbooks, correspondence courses, commercial curricula, or other basic teaching materials that the parent intends to use for home education. Such list is for informational purposes only. (8) Assurance that the child will be provided a minimum of nine hundred hours of home education each school year. (9) Assurance that the home teacher has one of the following qualifications: (a) A high school diploma; or (b) The certificate of high school equivalence; or (c) Standardized test scores that demonstrate high school equivalence; or (d) Other equivalent credential found appropriate by the superintendent; or (e) Lacking the above, the home teacher must work under the direction of a person holding a baccalaureate degree from a recognized college until the child's or children's test results demonstrate reasonable proficiency or until the home teacher obtains a high school diploma or the certificate of high school equivalence. (10) The parent(s) shall affirm the information supplied with his or her signature prior to providing it to the superintendent. (B) The information required in paragraph (A) of this rule may be provided on a form prescribed by the superintendent of public instruction. (C) The superintendent shall review the information submitted within fourteen calendar days of receipt thereof and shall determine if it is in compliance with the provisions of paragraph (A) of this rule. (1) If the superintendent, upon review of the information, determines that it is in compliance with all requirements set forth in paragraph (A) of this rule, the superintendent shall notify the parent(s) in writing that the child is excused from school attendance for the remainder of the current school year. (2) If the superintendent, upon review of the information, determines that it is not in compliance with all of the requirements set forth in paragraph (A) of this rule, the superintendent shall state in writing the specific respects in which the information is incomplete. The superintendent shall provide the parent an option within fourteen calendar days, to: (a) Supply additional information in writing, or (b) Arrange a conference at which the requested information can be supplied. (D) If the additional information supplied either in writing or in conference is not in accordance with the requirements set forth in paragraph (A) of this rule; or notwithstanding the fact that the parent has complied with the provisions of this rule, if the superintendent has substantial evidence that the minimum educational requirements of paragraph (A) of this rule will not be met, the superintendent shall declare his or her intent to deny the excuse. (1) The superintendent shall so notify the parent(s) in writing within fourteen calendar days, stating (a) The reason(s) for the intent to deny the excuse, and (b) The right to a due process hearing before the superintendent on the reasons set forth. (2) If a due process hearing before the superintendent is held, the superintendent shall be responsible for providing a record of the proceedings, including the oral testimony of witnesses and any documentary evidence referred to in the hearing. (3) Based on the evidence presented at the hearing, the superintendent may grant or deny an excuse from attendance. If the excuse from attendance is denied, the superintendent shall notify the parent(s) (a) That the parent(s) has the right to appeal the superintendent's decision to the juvenile judge of the county, within ten calendar days, in accordance with section 3331.08 of the Revised Code; and (b) That the parent(s) may be in violation of sections 3321.03 and 3321.04 of the Revised Code. (E) The superintendent shall file in his office a copy of the information supplied; a copy of the excuse, if any; papers showing how the qualification of the person instructing the child was determined; and all other documents relating to the information and the actions thereon. (F) Upon transfer from a district in which the child has been excused from compulsory school attendance for the purpose of home education, the last district of residence shall, upon the request of the parent(s), forward to the new district of residence a copy of the information supplied and related documents. (G) At the request of a parent, a child who has been excused from compulsory school attendance for the purpose of home education may be enrolled in a chartered public school in the school district of residence as determined under section 3313.64 of the Revised Code on a part-time basis. (H) Upon substantial evidence of cessation of home education in accordance with this chapter, the superintendent shall notify the parent(s) of the intent to revoke the excuse from attendance and the parent's right to a due process hearing pursuant to paragraph (D) of this rule. If, after the due process hearing, the excuse is withdrawn the superintendent shall notify the parent(s) in writing to enroll the child in a school that is in compliance with Chapter 3301-35 of the Administrative Code. The superintendent shall also notify the parent(s) in writing that the parent(s) has the right to appeal the superintendent's decision to the juvenile judge of the county, within ten calendar days, in accordance with section 3331.08 of the Revised Code.

National Home Education Legal Defense was founded by Attorney Deborah G. Stevenson as a non-sectarian legal support organization. NHELD offers its members legal assistance by an attorney licensed to practice in your state working with NHELD licensed attorneys. Members are also kept apprised of pending legislative action, scholarship programs, and other programs beneficial to homeschoolers.

Some veteran home educators seem to take a firm stand on principles that others don't even recognize as issues. Is it that they are just stubborn, rebellious, or cantankerous? Probably not.

Includes all of the state code related to homeschooling in pdf format.

Every important movement or trend in this country was followed by an onslaught of legislative actions which resulted in some legal stipulations that controlled the trend. What is really of concern is that this legislative control is not static, but very fluid, subject to change (meaning more restrictions in many cases). These changes occur through either more legislative actions on the part of the government or through interpretation in the judicial system. Currently, the homeschool movement is being closely monitored by various teacher unions, the public and legislative bodies throughout the United States, resulting in more and more laws being passed to control or monitor the movement. If the homeschool movement is to survive in a manner which we feel would be beneficial to us and society as a whole, we have to be more and more diligent in protecting our rights. The only way we can do this is to be more active in the political process. The question now becomes, how do we do this?

The following terms are defined as they are used in this chapter.
(A) "Certified teacher" means a person who holds a valid Ohio teaching certificate, excluding the certificate issued under section 3301.071 of the Revised Code.
(B) "Home education" means education primarily directed and provided by the parent or guardian of a child under division (A)(2) of section 3321.04 of the Revised Code which child is of compulsory school age and is not enrolled in a nonpublic school.
(C) "Parent" means a parent, guardian or other person having charge or care of a child as defined by section 3321.01 of the Revised Code.
(D) "School district of residence" means the public school district within which the parent resides.
(E) "Superintendent" means the superintendent of schools of the city, county, or exempted village school district in which the parent resides.

This is a list of tips for effective lobbying. Includes ways to lobby, things you can do now, and how to connect with other lobbyists.

The Home School Legal Defense Association provides a brief summary of the homeschooling laws in Ohio. Includes a link to a legal analysis of laws relating to homeschooling in Ohio.

(A) If the annual academic assessment indicates that the child is not demonstrating reasonable proficiency, the superintendent shall notify the parent(s) in writing that an appropriate plan of remediation shall be submitted by the parent(s) to the superintendent within thirty days after receipt of such notification. (B) During remediation the parent(s) shall submit a quarterly report to the superintendent which includes: (1) A written narrative evaluating the child's progress, including an explanation if the child has made less than satisfactory progress in any subject; and (2) An explanation if less than the intended curriculum planned for the quarter was covered. (C) Remediation may be eliminated at any time during the year upon determination by the superintendent that the child is demonstrating reasonable proficiency. At the time of such determination, the superintendent shall notify the parent(s) in writing that remediation is no longer needed. (D) If the child does not demonstrate reasonable progress during remediation, the superintendent may, subsequent to a due process hearing, under paragraph (D) of rule 3301-34-03 of the Administrative Code, if requested by the parent, revoke the child's excuse from attendance and notify the parent(s) in writing to enroll the child within thirty calendar days in a school that is in compliance with Chapter 3301-35 of the Administrative Code. The superintendent shall also notify the parent(s) in writing that the parent(s) has the right to appeal the superintendent's decision to the juvenile judge of the county, within ten calendar days, in accordance with section 3331.08 of the Revised Code.

No doubt, school districts have a sincere desire to do their very best for children in their jurisdiction and, indeed, there are parents who are using homeschooling inappropriately. But consider this has always been the case. It remains that making it more difficult for good homeschoolers will not discourage bad homeschoolers. This same argument is often used when truancy is used against homeschoolers. Frankly, this is a very flawed argument: bad laws do not discourage bad people - they only interfere with the lives of good people.

Twenty years ago, home education was treated as a crime in almost every state. Today, it is legal all across America, despite strong and continued opposition from many within the educational establishment. How did this happen? This paper traces the legal and sociological history of the modern home school movement, and then suggests factors that led to this movement's remarkable success.

This list is an opportunity for homeschoolers involved in custody issues to contact other homeschoolers for information about homeschooling attorneys and experts, as well as exchange ideas and information about handling custody disputes as a result of homeschooling.

(A) The parent(s) shall send to the superintendent an academic assessment report of the child for the previous school year at the time of supplying subsequent notification. (B) The academic assessment report shall include one of the following: (1) Results of a nationally normed, standardized achievement test. (a) Such test shall be administered by: (i) A licensed or certified teacher; or (ii) Another person mutually agreed upon by the parent(s) and the superintendent; or (iii) A person duly authorized by the publisher of the test. (b) Results should demonstrate reasonable proficiency as compared to other children in the district at the same grade level. Any child that has a composite score at or above the twenty-fifth percentile shall be deemed to be performing at a level of reasonable proficiency. (2) A written narrative indicating that a portfolio of samples of the child's work has been reviewed and that the child's academic progress for the year is in accordance with the child's abilities. (a) The written narrative shall be prepared by: (i) A licensed or certified teacher; or (ii) Other person mutually agreed upon by the parent(s) and the superintendent. (b) The parent(s) shall be responsible for the payment of fees charged for preparation of the narrative. (3) An alternative academic assessment of the child's proficiency mutually agreed upon by the parent and the superintendent. (C) If the parent(s) chooses to have the standardized testing conducted as part of the school district scheduled testing program, there shall be no cost to the parent(s). The time and location for testing shall be established by the school district. (D) If the parent(s) chooses to have the standardized testing conducted privately, the parent(s) shall pay for the testing. The time and location for testing shall be established by the parent(s).

A discussion of the procedure for notification of the intent to homeschool.

This page contain information and fact sheets regarding challenges to homeschooling rights in Ohio and what you might do if challenged. Includes information on dealing with an exceeding school district, truancy, who to notify, parti-time participation, and more.

A look at the battle for the homeschooling movement and the demographics of homeschooling families that challenges the notion that all homeschoolers are conservative fundamentalists. This article is a critical look at the HSLDA.

Because of a recent change in wording in the Ohio Revised Code 3321.04, there has been some confusion as to where Ohio homeschoolers should send their homeschool notifications.

This list is an opportunity for homeschoolers to contact homeschooling attorneys and experts about homeschooling legal and litigation issues. It is an informal network of attorneys and legal experts that are concerned with litigation pending and threatened against homeschoolers. Its primary purpose is to exchange legal information within the profession, and to educate and support attorneys and experts involved in homeschool litigation.

The school district of residence shall enroll or reenroll a child who has been home educated without discrimination or prejudice. The superintendent shall determine the appropriate placement of such child in accordance with section 3319.01 of the Revised Code. In making the placement decision, the superintendent shall consider: (A) The child's most recent annual academic assessment report; (B) Requiring the child to take any or all of the nationally normed, standardized achievement tests that are regularly scheduled for district pupils of similar age; and (C) Other evaluation information that may include interviews with the child and/or parent(s).

In Ohio v. Adaranijo, decided on July 18, 2003, the court held that "Of course, the state has a legitimate interest in protecting children from harm…[but] nothing in the domestic-violence statute prevents a parent from properly disciplining his or her child." The court went on to say, "Courts should be slow to intervene between parent and child. The criminal court is not the place to resolve petty issues of discipline. The domestic violence laws are meant to protect against abuse, not to punish parental discipline."

Details the importance of support alternative educational choices, including private schools and vouchers, along with homeschooling.