Ohio S.B.E’s Review of Home Education Rules Complete
The Ohio State Board of Education’s recent review of the Ohio Administrative Code 3301:34-01-08, Excuses from Compulsory Attendance for Home Education is now complete. I wrote OH State Board of Education to discuss homeschool rules in September and before that I explained that an Ohio Department of Education spokesperson stated that despite the warnings by some groups, there were no specific plans to change our laws in this Ohio Homeschool Regulation Review.
There were minor changes made to our code that reflect updates within other areas of Ohio law concerning teachers and an outdated reference to testing, but there were no other changes made.
On January 13, 2009, The Ohio Register of Ohio posted their No-Change Filings that included part of Ohio Administrative Code, Chapter 3301-34, Excuses from Compulsory Attendance for Home Education. These were:
The two other sections not included above, 3301:34-01 and 3301:34:04 have been brought up to date to comply with other areas of the code. These were filed under Recently Adopted Rules With an Action Filed on 01/13/2009 and were shown at the Ohio Register as well:
I will be updating these specific changes within the Ohio Administrative Code, Chapter 3301-34, Excuses from Compulsory Attendance for Home Education, The Written Narrative Assessment Form and The Achievement Testing Form at Ohio Home Educators’ Network (OHEN) shortly.
For those who are interested, the old code along with the minor changes are listed below and are illustrated via strikethrough or an underline:
3301-34-01 Definitions.
The following terms are defined as they are used in this chapter.
(A) “Licensed or certified Certified teacher” means a person who holds a valid Ohio teaching license or 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.
and
3301-34-04 Academic assessment.
(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 which meets the requirements set forth in rule 3301-12-02 of the Administrative Code.
(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.
Now that this review is complete, Ohio home educators may want to consider following education and other issues relevant to homeschooling to maintain and protect our freedoms.
Ohio home education notification process
I am not an expert, nor a lawyer, but I do understand the importance of knowing our rights and responsibilities. In my opinion, the right to home educate a child is a fundamental right (natural or God-given). Still, we need to know what the laws say about home education in our state so that we can make informed choices. In my opinion, this is a good place to start out when you are just beginning to homeschool. Why?
- We need to know the laws so that we understand how we are to obey them, or what the consequences might be if we do not.
- We need to know the laws as well, if not better than local school officials so that if they ask more than the law requires, we can point to the law and protect our rights.
- Laws are written in a manner that is not always accessible to citizens, but don’t let that stop you. They are still written in English and once you get beyond the legislative jargon, you understand what is being said.
With that disclaimer on the importance of knowing the law, I’d like to share this brief podcast with you on the home education notification process in Ohio.
[display_podcast]
Thanks for listening.
You can read a copy of our code at the Ohio Home Educationa Network site.
3301-34 Department of Education
Ohio Administrative Code, Chapter 3301-34
Excuses from Compulsory Attendance for Home Education
Promulgated pursuant to Ohio Revised Code, Chapter 119 here.
You can find some of the forms you might want to use there as well:
- Academic Assessment – Achievement Testing
Thank you for stopping by! I hope you will join me next time! I believe that comments are accessible, but if you have any trouble with them, please contact me here. ~ Mary Nix
Technorati Tags: Ohio Home Education Notification Process, The Informed Parent, Rights & Responsibilibities
WHAT TO DO WHEN YOUR DISTRICT ASKS FOR “PROOF”by Sue Duncan
Proof of Residency, Proof of Custody, Proof of Minimal Educational Background – TeachingQualifications – High School Diploma, Provision of900 hours of home education; Provision o fPrior Academic History – First Year of Notification,Teacher Certification Number, The Importance of the Signature of Affirmation, What Do You Do?
From time to time, school districts contact home educators and communicate that they require “proof” with respect to the parent’s notification of intention to home educate. Homeschoolers have been asked to provide proof of residency, proof of custody, proof of educational background/teaching qualifications, certification number of evaluator, proof that 900 hours of home education will be provided, e.g, record-keeping, and so on.
Quite simply: No “proof” is required to be provided by the home educator in accordance with the notification requirements of the home education regulations (OAC 3301-34-03 (A)-(B) )
Clearly, the Statement of Purpose (OAC3301-34-02) reflects the purpose of the home education regulations …”to prescribe the 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)…”
The regulations for issuing excuses from compulsory attendance are clear and in accordance with ORC 3321.04(C) are “binding upon the authorities empowered to issue them.” The home education regulations meet state’s mandate of compulsory attendance. School districts may not increase, delete from, or alter the home education regulations in any way.
Further, as outlined in the Ohio Department of Education Questions and Answers Regarding Home Education, June, 1993 :
Question 13: Are the requirements in Rule 3301-34-03 just minimum standards that local districts may make more restrictive?
Answer: No. These rules of the State Board carry the same effect as law, and school districts may not add to these requirements.
Requiring additional "proof" of various types would be an alteration of the home education notification requirements by a school district and is not allowed under the home education regulations.
Furthermore, the home education regulations AND the state-generated notification form (from Supt. Of Public Instruction-Ohio Department of Education) demonstrates on the part of the State Board of Education a ratification of the legitimacy in the parental choice of home education. Neither the regulations themselves nor the state-generated notification form require that parents provide PROOF, for example, of minimal educational background, or that they will provide 900 hours of home education. Indeed, on the form and in the regulations, the word of the parent – the signature of affirmation the parent – is all that is required.
This format was not chosen lightly or without great discussion and debate. The conclusion reached by Ohio State Board of Education with respect to the home education regulations is that parental choice with respect to the education of their children is to be upheld, that parents have a “primary right” to provide that education and have that right safeguarded by the state, and that their word in this matter is their bond. When a school district requires various proofs or information beyond the regulations, homeschoolers view these actions as a demonstration of a disregard and disrespect for the parents and their decision to home educate, as though a parent cannot be trusted with this important decision for their child(ren); as though a impersonal school district is somehow blessed with knowledge not available to parents and knows what is best for all families.
Further, parents sign the notification information under a signature of affirmation, similar to an oath – a solemn declaration regarding the information provided. OAC 3301-34-03(A)(10). The intent of the committee ( as stated by Diana Fessler, former Butler County SBE representative and member of the 3321.04 Advisory Committee which wrote the current home education regulations and advised SBE in this matter) was that said affirmation would be sufficient and that a parent’s word is his bond.
A review of the required information would demonstrate that none of the information requires an approval process; it should be an administrative procedure to process home education notifications. Indeed, the school year is not up for approval, nor is the parent’s name, address; nor name and address of person teaching the child, if other than the parent, nor is the child’s full name or birthdate. These are vital statistics which are provided to the district. Parents provide their assurance – an agreement to provide 900 hours of home education, to cover certain subject areas, and their minimal-attained educational level; they agree but such agreement is not to be “approved.” It is provided as required data, not for approval of the district. Indeed, the task of the district with respect to home education is to see that the required information is in place; the district does not approve home education since this is a primary parental right to choose this option. And, parents affirm the provided information by their signature, again, this signature does not require district approval. The regulations specifically state the curriculum outline and resource listing are supplied to demonstrate that the parents have given considered thought to their educational plan, but they are not supplied for a judgment regarding their content or quality. That they are supplied is all that is required. The words following the requirements for these pieces of data are instructive: “Such outline (or list) is for informational purposes only.” Clearly, this indicates that this information is not being provided for a judgment regarding quality, content or adequacy, but rather to see that the parent has an academic plan.
In subsequent years of home education, parents are required to again respond to state’s interest in education by providing an assessment of the child’s progress for the previous school year. The parents make the appropriate choice for their child(ren) and provide that information, understanding the standards of progress required under the various assessment options. No approval or action is required by the superintendent, except in the case where academic progress is not achieved in accordance with the regulations.
A district’s notification to home educators that they must provide PROOF, whether of residency, custody, teaching qualifications/educational background, certification number, 900 hours, etc. is clearly an addition to the requirements for an excuse from compulsory attendance for the purpose of home education.
Home educators may not be denied an excuse from compulsory attendance based on declining to provide UNrequired, additional information or “proof/s” to the school district.
————————————————————–
Homeschoolers understand that there is a state’s interest in compulsory attendance (ORC 3321.04) and comply with said interest by providing information in accordance with the rules set forth by the State Board of Education, OAC 3301-34 Rules for Excuse From Compulsory Attendance for Home Education. We understand that we must comply with the responsibilities outlined in these regulations and that we may not pick and choose which we shall comply with and which we shall ignore. We further understand that this Rule also contains obligations and burdens for the superintendent. Our home education regulations have the “force of law.”
Homeschoolers are required by the home education regulations to provide notification of their intention to home educate to the superintendent of their school district of residence in accordance with the following citations from the home education regulations:
” A parent who elects to provide home education shall supply the following information to the superintendent (OAC 3301-34-03(A).
“School District of residence means the public school district within which the parent resides.” (OAC 3301-34-01(D)
“Superintendent” means the superintendent of schools of the city, county, or exempted village school district in which the parent resides. (OAC 3301-34-01(E)
It is incumbent upon the home educator, as part of his responsibility, to make every effort to determine and notify the appropriate party of his intention to home educate. This is especially important since “local” superintendents and other designees, including Coordinators of Special Services, principals, school guidance counselors, attendance officers, etc. do not have authority to issue an excuse from compulsory attendance and the regulations are specific in the definition of who constitutes a “superintendent.” (See above definition)
Provision of the information required under OAC 3301-34-03-Notification (A)(2) – name, address of parent – should be sufficient information from which the district could ascertain the residency status of the home educating family. Certainly, it is understood that the district would have access to informational databases from which to verify residency status, if that is necessary for the conduct of their responsibilities. The requirement that home educators provide such residency proof is not established in the regulations and would not be cause for denying an excuse from compulsory attendance.
Also instructive in this regard, the Ohio Department of Education Questions and Answers Regarding Home Education, June, 1993 :
Question 13: Are the requirements in Rule 3301-34-03 just minimum standards that local districts may make more restrictive?
Answer: No. These rules of the State Board carry the same effect as law, and school districts may not add to these requirements.
Home educators may not be compelled to provide proof of residency, beyond the required factual data – name and address, signature of affirmation, to the district.
A home educator may not be denied an excuse from compulsory attendance as a result of declining to provide this Unrequired, additional information.
PROOF OF CUSTODY or CUSTODIAL STATUS
With respect to proof of custodial status, please refer to the definition section of the regulations:
(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. (OAC 3301-34-01(C) ). The notification form/letter is signed as “parent” under a signature of affirmation, a solemn declaration regarding the information provided.
The regulations are specific in this regard as well and require no provision of information to the district beyond the notification requirements in Paragraph A of the Rule. THAT information has been provided to the superintendent, e.g, child’s full name and date of birth, parent name and address, signature of affirmation as “parent.”
Further, in accordance with the Ohio Department of Education Questions and Answers Regarding Home Education, June, 1993, provided to all superintendents:
Question 8: “How do missing children laws affect the information collected on home education families? (Check of driver’s license, birth certificates, etc.)
Answer: School Boards can only collect the data set forth in the State Board standards governing home education.
This data does not extend to provision of proof of custodial status. An excuse from compulsory attendance may not be denied if a parent declines to provide this UNrequired, additional information.
PROOF of MINIMAL EDUCATIONAL BACKGROUND or TEACHING QUALIFICATIONS – e.g, high school diploma
Proof of a minimal educational background/teaching qualification is not required information except insofar as the home educator provides assurance – a checkmark or comment “yes” – that s/he has at least the minimal educational background outlined in the home education regulations. (OAC 3301-34-03(A)(9) ).
The Ohio Department of Education Questions and Answers Regarding Home Education, June, 1993, memorandum to all superintendents, is instructive:
Question 9: May superintendents request copies of high school diplomas, college diplomas, transcripts, etc. of home education parents, or home teachers to “affirm” that proper credentials are in place?
Answer: No, the standards do not require that the specific copy of a high school diploma or college diploma, etc. be sent with the notification for home education.
Furthermore, in the same document:
Question 13: Are the requirements in Rule 3301-34-03 just minimum standards that local districts may make more restrictive?
Answer: No. These rules of the State Board carry the same effect as law, and school districts may not add to these requirements.
Home educators may not be compelled to provide proof of minimal educational background or teaching qualifications, e.g., high school diploma, as a condition for issuance of an excuse from compulsory attendance. They need only demonstrate by their assurance – a checkmark or comment “YES” next to the appropriate qualification – that they qualify under the requirements of the home education regulations.
An excuse from compulsory attendance may not be denied if a parent declines to provide this UNrequired, additional information.
PROOF that 900 HOURS OF HOME EDUCATION HAS BEEN PROVIDED.
Home educators have been asked to supply “proof” that they had provided their child(ren) with 900 hours of home education. Usually this has been requested in the form of records or documentation that the required subject matter and agreed-to 900 hours had been provided. The reasoning of the district being that they wish to ensure that children are receiving an “education.”
This information is not required as part of the notification requirements (OAC3301-34-03) for home education. Instructive in this regard is the Ohio Department of Education Questions and Answers Regarding Home Education, June, 1993, provided to all superintendents:
Question 13: Are the requirements in Rule 3301-34-03 just minimum standards that local districts may make more restrictive?
Answer: No. These rules of the State Board carry the same effect as law, and school districts may not add to these requirements.
Furthermore, this is not the purview of the school district. The school district provides the homeschooler with an excuse from compulsory ATTENDANCE. Home educators respond to the state’s interest by providing the notification information thereby enabling the superintendent to conduct his statutory responsibilities under the compulsory attendance law.
When parents undertake the home education option, they understand that THEY will be providing their child/ren’s education and, indeed, this very purpose is specifically stated in the regulations: “The purpose of the rules in this chapter is … to safeguard the
primary right of parents to provide the education for their child(ren). …” OAC 3301-34-02
It should also be understood that the requirement of the provision of the academic assessment would satisfy any concerns a district might have regarding the adequacy of a child’s “education.”
Declining to provide this Unrequired, additional information would not be cause for denying an excuse from compulsory attendance.
PROOF of PRIOR ACADEMIC HISTORY – First Year of Notification
If this is your FIRST YEAR of home education, you are not required to provide information regarding your child(ren)’s prior whereabouts or prior academic history. Academic assessment to the school district will be provided when/if parents notify for subsequent school years – after the first year – as required by the regulations.
“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.” OAC 3301-34-04(A).
The key word here is “subsequent.” There is no provision for provision of any prior academic history for families notifying for the first time.
As outlined in the Ohio Department of Education Questions and Answers Regarding Home Education, June, 1993 , to all superintendents:
Question 2: May a superintendent request academic assessment information for the previous school year when the student was not in the district (home education, other public school, elsewhere)?
Answer: The standards state that the parent must provide an academic assessment report only when sending their subsequent notification for home education. If the academic assessment report is not sent with the subsequent notification, the superintendent may request, in writing, the missing information. Request for the initial notification, need not include assessment results for the previous year.
Furthermore, in this same memorandum from the Ohio Department of Education to all superintendents:
Question 13: Are the requirements in Rule 3301-34-03 just minimum standards that local districts may make more restrictive?
Answer: No. These rules of the State Board carry the same effect as law, and school districts may not add to these requirements.
Provision of prior academic history – if this is the first year of home education notification, is not required by the home education regulations; therefore, homeschoolers may decline to provide this UNrequired, additional information. An excuse from compulsory attendance may not be denied because this information is not provided.
PROOF OF TEACHER CERTIFICATION NUMBER
Home educators are not required to provide the teacher certification number on the assessor’s form or letter which is provided to the school district in compliance with the requirement for an academic assessment to be filed at the time of subsequent notification. Home educators understand that under the home education regulations, OAC 3301-34 (Rules for Excuses from Compulsory Attendance for Home Education) that they are fully responsible for the education of their children, including the determination that the assessor is fully-qualified and appropriately certificated to review the work of the child(ren) for the prior school year, or to administer a standardized achievement test.
A review of the academic assessment requirements of the home education regulations (OAC 3301-34-04 ) indicates that while three assessment options are outlined and assessment standards specified, there is no requirement that certification number of an assessing or testing teacher be provided. It is specified that the teacher be certified and only certain certifications are applicable. The parent attests to such determination by virtue of his/her signature affirming the information supplied to the superintendent. (OAC 3301-34-(A)(10) ).
Should a school district require this information for the conduct of their responsibilities, it would certainly have access to the statewide database which contains such certification numbers and can ascertain this information for itself.
An excuse from compulsory attendance may not be denied if a parent declines to provide this UNrequired, additional information.
THE IMPORTANCE OF THE SIGNATURE OF AFFIRMATION
And, lastly, but not no less important, the notification information is signed under a signature of affirmation, similar to an oath assuring that the information provided is accurate to parent’s best knowledge and belief. OAC 3301-34-03(A)(10). The intent of the regulations ( as stated by Diana Fessler, former Butler County SBE representative and member of the 3321.04 Advisory Committee which wrote the current home education regulations and advised SBE in this matter) was that said affirmation would be sufficient and that a parent’s word would be his bond; parents are to be trusted. The regulations were written to specifically safeguard parents’ primary right to provide the education for their child/ren (OAC 3301-34-02) and it is understood that a parent provides the required information, complies with the regulatory obligations imposed without the necessity for the provision of proofs, but by his/her solemn declaration – the signature of affirmation.
Furthermore, the home education regulations meet state’s mandate of compulsory attendance. School districts may not increase, delete from, or alter the home education regulations. In the Ohio Department of Education Questions and Answers Regarding Home Education, June, 1993 , to all superintendents :
Question 13: Are the requirements in Rule 3301-34-03 just minimum standards that local districts may make more restrictive?
Answer: No. These rules of the State Board carry the same effect as law, and school districts may not add to these requirements.
No proofs or evidence, other than academic assessment in subsequent years, are required in the notification information provided by parents. An excuse from compulsory attendance may not be denied because a parent declines to provide such UNrequired, additional information.
“Requests” to Report to a Designee rather than Superintendent by Sue Duncan
Parents have specifically requested that their excusals be signed by the superintendent, as is required by OAC 3301-34-03 (C)(1): “If the superintendent, upon review of the information, determines that it is in compliance with all the 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.”
Further, in accordance with the Ohio Department of Education Questions and Answers Regarding Home Education, June, 1993 :Question 13: Are the requirements in Rule 3301-34-03 just minimum standards that local districts may make more restrictive? Answer: No. These rules of the State Board carry the same effect as law, and school districts may not add to these requirements. (Could we assume that making a requirement that notification information go to and come from a designee be an addition to the regulations?)
Designees are not authorized under the home education regulations to issue excuses from compulsory attendance; indeed, our regulations are very specific in this regard that the notification must GO TO and (excusal) BE SIGNED BY the superintendent. In point of fact, local superintendents (ie, Kings Local School district) are not authorized to issue such excuses.
Parents are admonished to check to be certain they are filing with the correct superintendent, ascertaining his full name, correct spelling, and full address. They are required to file with the appropriate superintendent so they are in full compliance with the regulations. OAC – 3301-34-03(A) “A parent who elects to provide home education shall supply the following information to the superintendent.” (Can a homeschooler be compelled to disregard the specific requirements of the regulations by an individual school district.?)
Further, superintendent is defined in the home education regulations (OAC 3301-34-01) as:..”the superintendent of schools of the city, county or exempted village school district in which the parent resides.” There is no authorizing language for delegation of this responsibility to any other school official, principal, student services director, manager.
The regulations for issuing excuses from compulsory attendance are clear and in accordance with ORC 3321.04(C) are “binding upon the authorities empowered to issue them.” School districts may not increase, delete from, or alter the home education regulations in any way. (Could this designee issue be considered an alteration?)
Clearly, the Statement of Purpose (OAC 3301-34-02) reflects the purpose of the home education regulations …”to prescribe the 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)…” (Could this designee issue be considered – inconsistent application – some district superintendents are providing the excusal under their signatures; others are not?)
Under OAC 3301-34-03(C), it is the responsibility of the superintendent to receive, review for compliance and issue the excuse from compulsory attendance in writing. And, under ORC 3321.04(A)(2), it is the superintendent’s responsibility to issue an excuse from compulsory attendance for the purpose of home instruction.
Because many superintendents view the notification process as one of “approval” or “permission” they may believe that reviewing home education notifications is a time-consuming process, and therefore delegate it to a designee. (In fact, Adamowski stated that his district has 47,000 students, and 6000 employees and it is common practice to delegate authority.) However, if they fully understood that this process was one which was merely administrative … a checkoff list…they could delegate the checklist procedure (are all the required pieces provided? ) to another and merely sign the excusal when it was determined that all required information was in place…or could sign the letter requesting missing information, if that were the case. (Note above citation which requires them to provide excuse or ask for missing information in writing…OAC 3301-34-03(C)(1)(2). )
Is an excuse signed by a designee valid? For example, what if a homeschooler moves to another district mid-year and wishes their excuse transferred to the new district; or is stopped for “truancy?”
Can a superintendent delegate this responsibility to anyone he wishes – giving him/her full authority over home education matters – in the case of a principal…for only a very limited number of children. What kind of experience (how conversant?) with the regulations might individual school principals have? How does this provide for “consistent application by superintendents?” Could this practice – which might be harmful to homeschoolers in its inconsistency, the lack of experience and knowledge of the principal (or other designee) causing undue hardship with respect to the notification process, be illegitimate since it abrogates the purposes of the Statement of Purpose of the home education regulations: (OAC 3301-34-02) “The purpose of the rules of 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 the law.”
(1) the prescribed conditions require that the parent provide notification to the appropriate party, the superintendent. (OAC 3301-34-03(A)); the term “superintendent is specifically defined in the regulations (OAC 3301-34-01);
(2) providing information to a designee who is a principal in one district, to a designee who is a student services director in another, to a administrative secretary in another, to a supt. in yet another district, is not consistent application BY SUPERINTENDENTS;
(3) compelling a parent to provide information to a designee not authorized under the regulations to provide a “legal” excuse, and thereby creating issues of illegitimacy (and consequent hardship) should the parent move to another district, as well as issues of inconsistent application of the law, exposing the parent to ignorance of the regulations by a designee and thus consequence challenges, etc. does not safeguard a parent’s primary right under the regulations. In does, in fact, imperil it.
(4) Home education must be in accordance with the law; one may presume that the “law” does not only relate to the obligations placed upon the parent but applies to superintendents as well.
Did the 3321.04 Advisory Committee, which informed SBE with respect to the home education regulations, intend for this to be delegated task and authority? (Not according to Diana Fessler, who is a former SBE member and was on the State Board Advisory Committee which wrote the current regulations.) She states: “County, exempted village, or city superintendents are the only ones who have jurisdiction in the area of home education. Designees, principals, local superintendents, etc. do not have any authority to excuse children from compulsory attendance laws. Parents are required by the regulations to correspond with the appropriate superintendent.” (Home Education: Answers for Ohio Parents, Diana Fessler, p. 51)
WHO TO NOTIFY – Superintendent or Designee ?
Some school districts have consistently required that homeschoolers notify the designee of the superintendent, the Director of Office of Special Services, a local principal, school manager, or other school official. However, the home education regulations are quite specific in this regard and require under OAC 3301-34-03(A) that notification of intention to home educate must be made to the appropriate superintendent. “A parent who elects to provide home education shall supply the following information to the superintendent.” Homeschoolers are not permitted to notify a designee; in fact, it is incumbent upon them in fulfillment of their obligations to notify the appropriate superintendent only. We understand that the superintendent may delegate certain tasks within his office; however, he may not delegate his responsibilities. Neither may a home educator be compelled to disregard the home education regulations and notify a designee in lieu of the appropriate superintendent.
Did the 3321.04 Advisory Committee, which informed SBE with respect to the home education regulations, intend for this to be delegated task and authority? Not according to Diana Fessler, former District #3 representative of the State Board Of Education, member of the 3321.04 Advisory Committee which developed the home education regulations and author of _Home Education: Answers for Ohio Parents_, page 51: “County, exempted village, or city superintendents are the only ones who have jurisdiction in the area of home education. Designees, principals. local superintendents, etc., do not have any authority to excuse children from the compulsory attendance laws. Parents are required by the regulations to correspond with the appropriate superintendents.”
Designees are not authorized under the home education regulations to issue excuses from compulsory attendance; indeed, our regulations are very specific in this regard that the notification must GO TO and (excusal) BE SIGNED BY the superintendent. In point of fact, local superintendents (ie, Kings Local School district) are not authorized to issue such excuses.
Further, superintendent is defined in the home education regulations (OAC 3301-34-01) as:..”the superintendent of schools of the city, county or exempted village school district in which the parent resides.” There is no authorizing language for delegation of this responsibility to any other school official, principal, student services director, manager.
The regulations for issuing excuses from compulsory attendance are clear and in accordance with ORC 3321.04(C) are “binding upon the authorities empowered to issue them.” Under OAC 3301-34-03(C), it is the responsibility of the superintendent to receive, review for compliance and issue the excuse from compulsory attendance in writing. And, under ORC 3321.04(A)(2), it is the superintendent’s responsibility to issue an excuse from compulsory attendance for the purpose of home instruction.
Further, in accordance with the Ohio Department of Education Questions and Answers Regarding Home Education, June, 1993 :Question 13: Are the requirements in Rule 3301-34-03 just minimum standards that local districts may make more restrictive? Answer: No. These rules of the State Board carry the same effect as law, and school districts may not add to these requirements.
Clearly, the Statement of Purpose (OAC 3301-34-02) reflects the purpose of the home education regulations …”to prescribe the 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)…” (Could this designee issue be considered – inconsistent application – some district superintendents are providing the excusal under their signatures; others are not?)
Because many superintendents view the notification process as one of “approval” or “permission” they may believe that reviewing home education notifications is a time-consuming process, and therefore delegate it to a designee. However, if they fully understood that this process was one which was merely administrative … a checkoff list…they could delegate the checklist procedure (are all the required pieces provided? ) to another and merely sign the excusal when it was determined that all required information was in place…or could sign the letter requesting missing information, if that were the case. (Note above citation which requires them to provide excuse or ask for missing information in writing…OAC 3301-34-03(C)(1)(2). )
Is an excuse signed by a designee valid? For example, what if a homeschooler moves to another district mid-year and wishes their excuse transferred to the new district; or is stopped for “truancy?”
Can a superintendent delegate this responsibility to anyone he wishes – giving him/her full authority over home education matters – in the case of a principal…for only a very limited number of children. What kind of experience (how conversant?) with the regulations might individual school principals have? How does this provide for “consistent application by superintendents?” Could this practice – which might be harmful to homeschoolers in its inconsistency, the lack of experience and knowledge of the principal (or other designee) causing undue hardship with respect to the notification process, be illegitimate since it abrogates the purposes of the Statement of Purpose of the home education regulations: (OAC 3301-34-02) “The purpose of the rules of 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 the law.
CONSIDER:
(1) the prescribed conditions require that the parent provide notification to the appropriate party, the superintendent. (OAC 3301-34-03(A)); the term “superintendent is specifically defined in the regulations (OAC 3301-34-01);
(2) providing information to a designee who is a principal in one district, to a designee who is a student services director in another, to a administrative secretary in another, to a supt. in yet another district, is not consistent application BY SUPERINTENDENTS;
(3) compelling a parent to provide information to a designee not authorized under the regulations to provide a “legal” excuse, and thereby creating issues of illegitimacy (and consequent hardship) should the parent move to another district, as well as issues of inconsistent application of the law, exposing the parent to ignorance of the regulations by a designee and thus consequence challenges, etc. does not safeguard a parent’s primary right under the regulations. In does, in fact, imperil it.
(4) Home education must be in accordance with the law; one may presume that the “law” does not only relate to the obligations placed upon the parent but applies to superintendents as well.
Further, it is receipt in the office of the superintendent only of the notification information which begins the 14-day compliance/non-compliance clock. (OAC 3301-34-03 (C) It does not begin, as has been asserted by some districts, upon receipt of or forwarding to the Office of Special Services. Homeschoolers should continue to notify the superintendent and communications with the school district should be made to the superintendent, as required by the regulations. All original communication should be directed to the superintendent; it is certainly permissible to copy all such communications AFTER notification to the designee as well.
Homeschoolers should always send communications to the district by certified mail, return receipt requested. This provides you with proof of receipt in the superintendent’s office so that you may begin observing the required 14-calendar day count. It is not recommended that you make personal appearances in the district offices to deliver home education notifications.
WHAT TO DO? Send all communications to the person designated in the regulations – the superintendent.
WHO SIGNS YOUR EXCUSAL LETTER?
Superintendents may delegate certain tasks; however, they may not delegate their responsibilities. It is the responsibility under OAC 3301-34-03(C) to receive, review for compliance and issue the excuse from compulsory attendance IN WRITING. It is the superintendent’s responsibility under ORC 3321.04(A)(2) to issue an excuse from compulsory attendance for the purpose of home instruction. ONLY certain specified parties, county, exempted village or city superintendents, have authority under the home education regulations. Designees of the superintendent do not have the authority to issue excuses from compulsory attendance.
Further, “All excuses provided for in divisions (A) and (B) of this section shall be in writing and shall show the reason for the excusing the child. A copy thereof shall be sent to the person in charge of the child.” The superintendent must provide this excuse; as a homeschooler you are required to retain this excuse from compulsory attendance for your records.
Your excusal letter should be signed by your superintendent as part of his regulatory obligations. It is appropriate that you should expect such signature of
the superintendent and not accept the signature of a designee.
WHAT YOU SHOULD DO?
(1) If you receive a notification signed by the designee, write to the superintendent (cc’ing to designee) and request that your excusal be signed by the authority required under the Home Education Regulations. Remember, under OAC3301-34-02, Statement of Purpose – “Home education must be in accordance with the law.” One presumes this means BOTH home educators and school officials tasked by administrative code, namely, the superintendent.
(Be sure to send ALL communications to your school district, certified mail, return receipt requested.)
(2) Cite the regulations specifically with respect to having your superintendent sign the excusal.
Remember: Yes, this may be inconvenient and bothersome. Yes, you have an excuse in hand, why rock the boat? The more often you decide NOT to assert your rights under the regulations, the more unnecessary authority over homeschooling you cede to the school district and the more our homeschooling freedoms are eroded…little by little.
Take a stand; respectfully, calmly, politely assert that the superintendent has a statutory obligation to provide you with an excuse from compulsory attendance. (When you write your letters, please do not copy the language here verbatim; you are welcome to use the quotes and citations, but use your own words. Form letters have very little effect.) And, the more homeschoolers in your district who stand together, the more likely you will achieve the desired result.
Copyrighted – Susan M. Duncan, January, 2001
Do not reprint for publication without prior permission
USE OF WORDS: “APPLY, PERMISSION, REQUEST OR APPROVAL” by Sue Duncan
When we homeschool, we provide a NOTIFICATION of intention to home educate. Indeed, this section of the Rules for Excuses from Compulsory Attendance for Home Education (OAC 3301-34) is entitled:
“3310-34-03 – Notification.”
With respect to the statement regarding “approval” of homeschooling, keep in mind: you are NOT asking permission, seeking approval or making a request. You are NOTIFYING of your intention to home educate.
Under ORC 3321.04, the superintendent has a responsibility to know where children of compulsory ages (6-18 y/o) are “attending” in his district; this is his regulatory obligation.
When a parent notifies of his intention to home educate he enables the superintendent to fulfill this statutory burden. The superintendent NOW knows where this child is – where he is ATTENDING. He can do his job under compulsory attendance statute.
Remember: this process is called “NOTIFICATION. ” (OAC 3301-34-03)
Notify: “…to give notice to; to inform;”
Inform: “…to give knowledge of something; to tell.”
Keep in mind that the regulations were approved and adopted by the State Board of Education after a year of research, discussion and debate. They did not call it a “Permission to Commit Home Education;” or “Application to Home Educate.” They were specific in their use of words…both in the regulations and in the state-created notification form. They understood the meaning and the difference between notifying and asking permission. They made this process about notifying -not requesting; as parents we certainly understand the difference between being advised by our child/ren of a planned event and being given notice that it will occur.
None of the information provided in the notification requires “approval.” Most of the information is directory information – vital statistics (name, address, children’s names, birthdates); it does not require approval – they are what they are – merely data. Notifying home educators provide assurances that they will provide certain subject matter, 900 hours of home education, and have minimal educational background. These are simply agreements -promises – by the notifying home educator to the school district that he/she will do certain things. No proof is required to demonstrate that the parent has provided 900 hours, or has the minimal educational background (e.g, supplying a copy of high school diploma, GED certificate) ; these are not up for any review or judgment. They are merely checked off.
The items of curriculum outline and resource list are “for informational purposes only.” They are supplied to “inform” only – to indicate that the home educator has planned for the academic year and what he/she intends to use to implement that plan. Neither the curriculum outline nor the resource list are provided for judgment of academic adequacy, quality or appropriateness. Keep in mind that the notification process is one which proceeds from compulsory ATTENDANCE – not compulsory education; therefore, there would be no reason for a school district to be involved in any “approval” process regarding your provided curriculum outline or resource list. – nor was such “approval” ever intended. This is an administrative checkoff procedure.
The Statement of Purpose section of the regulations (OAC 3301-34-02) states: “The purpose of the rules in this chapter is “…to safeguard the primary right of parents to provide the education for their child(ren). Home education must be in accordance with law.” The provision of the child’s education, including the academic plan and learning objectives and resources would be the purview of the parent/s – not the school district. The district would have no role to play in “approval” in this regard.
Furthermore, you are not required to provide any proof or evidence; your word is your bond…your signature is entirely sufficient; indeed, all notification information is provided by virtue of a “signature of affirmation,” attesting that the information is to the best of your knowledge and belief. (See the discussion under PROOF in the CHALLENGES section of this website regarding the importance of the signature of affirmation.)
It is important that school districts understand this distinction because it is one with a difference – you are notifying, not asking permission, making a request and nothing you are providing requires approval. It is your primary parental right to choose this legal and equal educational option in Ohio.
Prepared and Submitted by Susan M. Duncan , February, 2000
Please do not reprint for publication or distribution without prior permission.
REQUIREMENT OF SUBMISSION OF NOTIFICATION BY A SPECIFIC DATE by Sue Duncan
Be advised that the home education regulations – OAC 3301-34 – Rules for Excuses from Compulsory Attendance for Home Education – contain NO start date. It has been long-standing, statewide practice and advice of the Ohio Department of Education that home education notification should be made to school district of residence on/by Day One of the district’s new fall session. (If the word “local” appears in your district’s name; you must notify your county superintendent of education.)
Furthermore, the provision by a specified date is unrealistic, given the ebb and flow of family life and decision-making. Families may be vacationing and unavailable to provide the information on the date requested; or they may not have made a decision to home educate by a specified date; or they may not have their assessment information available yet. There is no school in session during the summer months; children are not “truant” and the superintendent’s burden with respect to compulsory attendance is not pertinent and, therefore, no reason for home educators to be required to comply with this district request for providing notification information by a date before the start of the new fall term (school year) except that it is convenient, and perhaps cost-effective, for the school system for them to do so.
Home education is a legal and equal educational option; families choosing other educational alternatives are not required to report these to the superintendent, for example, by August 1st. Consider that the only reason for this early reporting is to make it more convenient and cost-effective for the school district to make enrollment and employment decisions for the schools in the system. This is laudable on the part of the district, but it should not burden the home educator. And, since districts mistakenly believe they have an approval function to perform with respect to home education, they believe that it will be time-consuming and do not wish to divert district resources to processing home education excuses during the “busy” time of a new session. If they understood the notification process is clerical, they would not need notifications in their office by a certain date in order to have time to “review,” etc. It would be a simple administrative checkoff procedure with a signature by the superintendent if all the required data was supplied. If any required information is missing, it can certainly be supplied by the parent within the time frame provided in the regulations without any burden to the school district (OAC 3301-34-03(C)(2) ).
This also goes to the issue of school districts insisting that children be enrolled or attending an assigned school while the notification is being processed. You may wish to review the discussion on Truancy and Gymnastic Approach to Considering a Homeschooler Truant in the CHALLENGES section of this website.
For a discussion that notification is not an “approval” process but rather a clerical, administrative procedure, please review the discussion on Use of “Approval, Request, Permission, Application” on this website in the CHALLENGES section.
Read the discussion of the notification process in the Notification Fact Sheet – at http://grafixbynix.com/ohec/
Prepared and Submitted by Susan Duncan , September, 2001
Please do not reprint for distribution or publication without prior permission
USING THE DISTRICT-CREATED FORM by Sue Duncan
- You do NOT have to use a form of any sort for notification. The manner in which you present the notification information is entirely up to you. Just be sure all required information is provided.
- It is recommended that you use the state-generated form, if you use one at all. It is suggested that you do NOT use district-created forms since they may contain changes which would alter the requirements or the intent of the home education regulations.
- You cannot be denied an excuse from compulsory attendance for not using a form, the district’s or otherwise.
It is suggested that parents, under no circumstances, use the forms provided by their districts since these are likely to contain word changes that alter the regulations in whole or in part. Provide your information on either the “state-generated” form which you may obtain from any homeschooling group, advocate, Ohio homeschooling website, or provide the required information in the form of a letter. Using a district-generated form merely perpetuates the errors, raises the bar of expectation for every other homeschooler and cedes authority to the district to which it is not entitled.
The regulations themselves provide us with instruction in this regard: OAC 3301-34-03(B)
“The information required in paragraph (A) of this rule may be provided on a form prescribed by the superintendent of public instruction.” There is only ONE superintendent of public instruction; neither your district superintendent – nor his designee – is THE superintendent of public instruction. That person works for the Department of Education in Columbus, Ohio.
Examples of information which districts may ask for in their own generated forms which are not required by the regulations are: grade level, titles of textbooks, table of contents of textbooks, school district name, and provision of the notification information to a designee instead of the superintendent as required.
(Please visit the website for detailed information as to why grade level, textbook titles, etc are not required for the home education notification.)
Furthermore, the home education regulations meet state’s mandate of compulsory attendance. School districts may not increase, delete from, or alter the home education regulations. In the Ohio Department of Education Questions and Answers Regarding Home Education, June, 1993 , to all superintendents :
Question 13: Are the requirements in Rule 3301-34-03 just minimum standards that local districts may make more restrictive? Answer: No. These rules of the State Board carry the same effect as law, and school districts may not add to these requirements.
And, in the same document from the Ohio Department of Education to all superintendents:
Question 16. Must the parents provide the notification on a form supplied by the State Department of Education? Answer: No. The standards say that the parent may use a form supplied by the State Department of Education. They may use their own forms, or may simply notify by a narrative document. A copy of the suggested Ohio Home Education form is enclosed.
It is not necessary nor is it recommended that you use a district-provided form; you may not be denied an excuse from compulsory attendance because you decline to use a district form. You may provide the required notification information in any format you chose or you may use the state-created form*; the key is to provide ALL the required information and provide it to the appropriate superintendent.
You can obtain a copy of the state-created form from any Ohio homeschooling website. This website also contains a copy of the state-generated form under the Notification section.
Prepared and Submitted by Susan M. DuncanÓ , May, 2001
Do not reprint for publication or distribution without prior permission
Telephone or Personal Contact by the School District INSTEAD of Written Communication by Sue Duncan
Under no circumstances should a home educator ever accept telephone contact from the school district. It is NOTsufficient for the school district to inform the parent/s by telephone contact of any respect in which the parent is non-compliant with the home education regulations (OAC 3301-34, Rules for Excuses for Compulsory Attendance for Home Education) that is, has not provided required information. Neither the parent nor the school district has sufficient documentary proof that such contact was made and/or received, nor does verbal contact provide the home educator with documentary protection with respect to his/her response. The same would be true of personal contact.
Further, a telephone or personal contact does not stop the 14-calendar day clock running on the regulatory burden of the superintendent to notify IN WRITING of any respects in which information is missing. (OAC 3301-34-03(C)(2) )
In summary, “The Purpose Statement of the regulations (OAC 3301-34-02) clearly states that the purpose of these regulations is to ‘…provide for consistent application by superintendents throughout the state…’ This purpose could not be achieved if individual districts were permitted to develop or use forms, guidelines or procedures that are not strictly in harmony with the language of the regulations. ” (_Home Education: Answers for Ohio Parents_, Diane Fessler, p. 46). Therefore, the district cannot expect – nor should a home educator – that telephone contact procedures satisfy the requirements of the regulations.
A good rule of thumb: Should a district contact a home educator by telephone, the homeschooler should politely but firmly request that all communications, now and in the future, be in writing, as is required by the home education regulations. This will give the homeschooler the opportunity to carefully review the district’s request, consult with a homeschooling advocate or support group-if necessary, and respond to the appropriateness of the request.
All home educator’s communications to the school district should be in writing and sent certified mail, return receipt requested. Copies of all communications with a school district should be retained by the home educator.
Prepared and Submitted by S.M. Duncan©, 05/2000
Please do not reprint for publication or distribution without prior permission
—————————————–
1 – Not additional information, but information which the parent/s did not include and which is required – known as “missing information.” The district may not ask for expansion, augmentation, or addition to information provided. If the parent failed to provide required information, for example, the child’s birthdate, or assurance that 900 minimum hours of home education would be provided, that would be cause for the superintendent to notify the parent of the missing data and request that it be supplied (a) in writing, or (b) in a conference within 14 days.
This would not apply to supplying further information on a curriculum or textbooks to a resource listing IF that information was already provided by the parent in the original notification. It would not include providing an offer of proof of any kind with respect to parent’s educational background (e.g., high school diploma); teacher certification number, 900 hours of home education, etc. The regulations were written with the understanding that a parent’s word is his bond. The information provided by the parent is “affirmed” by his signature, which is not only adequate but entirely sufficient.
NOTIFICATION IN A NUTSHELL
THE OHIO HOME EDUCATION REGULATIONS:
IS IT LEGAL?
Yes. It is your constitutional right to make educational choices for your child. This right was upheld by the Supreme Court of the United States in 1972 (Wisconsin vs. Yoder). In 1976, the Ohio Supreme Court ruling in The State of Ohio vs. Whisner recognized the primary rights of parents to teach their children at home. Further, your primary parental right to provide the education for your child/ren is specifically safeguarded by Ohio’s home education regulations (OAC 3301-34-02).
Ohio law does not specifically provide for home education; the Home Education regulations are based on Ohio Revised Code Section 3321.04-Compulsory Attendance. The requirements specifically addressing home education became effective on August l, 1989 and can be found under The Ohio State Board of Education Administrative Code-Chapter 3301-34 entitled Rules for Excuses from Compulsory Attendance for Home Education. These requirements carry the same effect as law and school districts may not exceed, change or alter these standards in any manner. These standards serve as rules and policies for districts to follow.
WHO MAY HOMESCHOOL?
The definition of home education according to Ohio regulations is “an education primarily directed and provided by the parent or guardian of a child who is not enrolled in a nonpublic school.” The parent/guardian is primarily responsible for homeschooling the child; however, the parent may choose a third party (grandparent, tutor, friend) to educate the child. The third-party must meet the minimal educational requirements in the regulations. (See Required Information – Item 9). The parent is still fully responsible for the education of the child.
WHEN / WHO DO I NEED TO NOTIFY I WILL HOMESCHOOL?
Children between the ages of 6 and 18 years of age are of compulsory school age and must be enrolled in an educational situation. Check with your school district regarding their cutoff date by which a 6 y/o child must be enrolled. Notification of intention to homeschool is made to the Superintendent only (not his designee, attendance officer, student services personnel, school principal) of your school district of residence. (If your district contains the word “local” you should notify your County Superintendent of Education.) Local superintendents (and designees) do not have authority to issue an excuse from compulsory attendance.
There is no specific starting date for homeschooling and parents may begin home education at any time during the school year; you do not have to wait for the start of a new school year, semester or quarter. When conventional schools are in session, your child must be enrolled in a traditional school or be homeschooling. It is not necessary that parents wait to be notified by Superintendent that their child has been excused from compulsory attendance before beginning home education. It is long-standing, statewide practice to notify your superintendent of your intention to home educate by Day One of the start of your district’s new school year that you will home educating. If your child is not enrolled, or your Superintendent notified that you will be homeschooling, you may be liable under truancy laws. Home education is a legal excuse from compulsory attendance in Ohio. Since home education is an equal and legal educational option in Ohio, homeschoolers should not expect different or less-than-equal treatment by the school district when exercising their parental right to choose the home education alternative. Parents are fully responsible for the notification of intention to home educate and, as always, must use their best judgment in determining how to proceed.
NOTIFICATION PROCEDURES (OAC 3301-34-03)
Mail your notification form via certified mail, return receipt requested. If hand-delivering the notification, be sure to obtain date and signature of person receiving your notification. Keep copies of all your notification paperwork. They are legal documents. It is suggested that you not use the form supplied by your school district since it may contain errors and ask you to provide information not required in the home education regulations. It is suggested that you contact a local homeschooling group rather than your school district for an appropriate notification form or letter, or if you have questions about the notification procedure. Home school support groups are conversant with the regulations and understand the procedures and challenges of home education that are not the purview of public school districts. It is neither necessary nor desireable to have any conversations with any public officials regarding your decision to home educate. The supt is responsible for informing your child’s school of your homeschool decision. The information you are required to provide may not be exceeded by the superintendent. The superintendent has 14 calendar days in which to notify you in writing of either compliance or non-compliance with the regulations. If you receive notification of “non-compliance,” within 14 days of the supt’s receipt of your notification information, the superintendent may only ask for information which is incomplete, or missing, not additional information; additional information would not be specifically required as outlined below, e.g,, grade level or providing textbook table of contents are not required information. If your school district contacts you after 14 calendar days of receipt of the information by the superintendent, you are under no obligation to provide any further information and are entitled to an excuse from compulsory attendance. If you do not receive one, you should request it. Always keep your copy of your excuse from compulsory attendance with your home education documents. Letters from your superintendent stating your “request is approved,” or “permission is granted” are not in harmony with the Ohio Administrative Code-Chapter 3301-34
Rules For Excuses from Compulsory Attendance for Home Education. It is your safeguarded parental right to home educate. Superintendents issue an excuse from compulsory attendance based on your compliance with the required notification information.
YOU ARE REQUIRED TO SUPPLY THE FOLLOWING INFORMATION:
(1) school year for which notification is being made;
(2) name and address of parent;
(3) name and address of person teaching the child, if other than the parent;
(4) full name and birthdate of the child/ren;
(5) assurance that the require topics will be included;
(a) language, reading, spelling and writing;
(b) geography, history of the U.S. 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 intended curriculum (provided for informational purposes only); and
(7) a list of textbooks, courses, OR other basic teaching materials; (provided for informational purposes only);
(8) assurance that the parent will provide 900 hours of home education; and
(9) assurance of the teacher’s (parent’s/designated party) qualifications:
(a) high school diploma; or
(b) 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/ren’s test results demonstrate reasonable proficiency or until the home teacher obtains a high school diploma or certificate of high school equivalence.
(l0) the signature of the parent, which affirms the information provided.
ASSESSMENT:
Your child must be assessed at the end of each “school year” only if you are planning to continue homeschooling. Your child/ren’s assessment must be sent to your Superintendent together with your notification for your next year of home education. You are required to supply an assessment together with your notification; do not send the assessment separately from your notification. The purpose of assessment is to show whether your child requires remediation. There are 3 methods of assessment:
(a) results of a nationally-normed standardized achievement testing; OR
(b) written narrative prepared by
(i) an Ohio-certified teacher, who has reviewed a portfolio of samples of the child’s work; OR
(ii) or other person mutually agreed upon by the parent and superintendent; OR
(c) any alternate assessment mutually agreed upon by the parent and the Superintendent.
The standard used for the standardized testing is “reasonable proficiency,” which means an overall composite score of at least 25th percentile. The standard for the written narrative, or portfolio review, is “progress in accordance with the child’s abilities.” Please contact local homeschooling support groups for information on standardized testing, certified Ohio teachers who are available for portfolio review.
[Note: The Ohio Proficiency Test does not fulfill the requirement of Assessment Option (a).]
Should you have any questions or concerns about home education, whether about the notification procedure, home education resources, or getting started, etc. we suggest that you contact a local homeschooling organization in order to receive complete, accurate and appropriate information about home education.
S.M Duncan, Rev. 02/01 (Do not reprint for distribution or publication without prior permission)
YOUR DISTRICT WANTS A “TEACHER CERTIFICATION NUMBER” by Sue Duncan
Home educators are not required to provide the teacher certification number on the assessor’s form or letter which is provided to the school district in compliance with the requirement for an academic assessment to be filed at the time of subsequent notification. Home educators understand that under the home education regulations, OAC 3301-34 (Rules for Excuses from Compulsory Attendance for Home Education) that they are fully responsible for the education of their children, including the determination that the assessor is fully-qualified and appropriately certificated to review the work of the child(ren) for the prior school year, or to administer a standardized achievement test.
A review of the academic assessment requirements of the home education regulations (OAC 3301-34-04 ) indicates that while three assessment options are outlined and assessment standards specified, there is no requirement that certification number of an assessing or testing teacher be provided. It is specified that the teacher be certified and only certain certifications are applicable. The parent attests to such determination by virtue of his/her signature affirming the information supplied to the superintendent. (OAC 3301-34-(A)(10) ).
Should a school district require this information for the conduct of their responsibilities, it would certainly have access to the statewide database which contains such certification numbers and can ascertain this information for itself.
An excuse from compulsory attendance may not be denied if a parent declines to provide this UNrequired, additional information.
Prepared and Submitted by Susan M. Duncan, May, 2000
Please do not reprint for publication or distribution with prior permission


