“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.”

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.

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). )

CONSIDER:

(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

May 2, 2008 | Filed Under Empowerment, Fundamental Right, Ohio Notification, Resources, Sue Duncan's HS Alerts