Includes all of the state code related to homeschooling in pdf format.
Pacific Justice Institute is a non-profit legal defense organization specializing in the defense of religious freedom, parental rights, and other civil liberties. PJI provides free representation to parents who are unlawfully denied the right to homeschool their children. PJI also provides legal counsel to those parents wishing to homeschool, but do not know their legal options or obligations.
AHSA is an informal network of attorneys and legal experts in the United States supporting homeschooling and homeschoolers by providing legal information about homeschooling issues, empowering homeschoolers to have the legal tools they need to meet homeschooling challenges, and providing a network of attorneys for legal representation. The website includes a legal directory by state.
This is a list of states that have addressed issues of homeschooler participation in public school classes, sports, activities, etc.
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?
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.
(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).
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.
Details the importance of support alternative educational choices, including private schools and vouchers, along with homeschooling.
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 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.
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.
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.
As their ranks increase, homeschoolers are tapping public schools for curriculum, part-time classes, extracurricular services, and online learning.
Discusses testing with school districts, Ohio Proficiency Tests, assessment options and filing procedures, and participation in school-offered testing.
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.
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.
A brief summary of the laws regulating home education in the state of Ohio.
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.
Although a credit or deduction could be helpful for homeschoolers, HSLDA opposes any tax break legislation that could come with governmental regulations. Homeschoolers have fought far too long and much too hard to throw off the chains of government regulation that hinder effective education and interfere with liberty. It would be inconsistent and foolhardy to accept tax incentives in exchange for government regulation. However, HSLDA supports tax credits that promote educational choice without threatening any regulation of homeschoolers. - See more at: http://nche.hslda.org/docs/nche/000010/200504150.asp#sthash.tvLv2ItR.dpuf
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.
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."
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).
Homeschoolers have been vigilant in protecting their rights, rising to the occasion when they discover threats to clamp down on their activities. Discusses some of the criticisms by opponents of homeschooling, along with the examples of some legal fights in Connecticut and Montana.
The Rutherford Institute is an international legal and educational organization dedicated to preserving human rights and defending civil liberties. Deeply committed to protecting the constitutional freedoms of every American and the integral human rights of all people, The Rutherford Institute has emerged as a prominent leader in the national dialogue on civil liberties and equal rights. Parents have a constitutional right to direct and control the upbringing of their children, and laws or governmental actions that unreasonably infringe the rights of parents to raise and educate their children according to their own values are constitutionally suspect. The Rutherford Institute responds to over one thousand requests for assistance annually from parents whose rights were placed in jeopardy.
Families homeschooling for the first time inevitably have questions about legal challenges or threats that they might face from local or state education authorities. Those who do seek an answer to these questions are often faced with a confusing array of laws, policies, and regulations that not only vary from state to state, but also between school districts, and school officials within the same state or district.
A discussion of the procedure for notification of the intent to homeschool.
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 "We Stand for Homeschooling Statement and Resolution” is a grassroots effort created by an ad hoc group of homeschoolers from all over the United States. The list of original signers includes homeschoolers and their allies from diverse religious, political and philosophical perspectives. The list is also geographically diverse. This statement addresses the issue of state control of homeschooling and the growing movement of using government funding to run emerging educational programs. You can read the statement and add your name to it at this website.
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.
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.
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.
(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.
(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.