DEALING WITH A SCHOOL DISTRICT EXCEEDING ITS AUTHORITY by Sue Duncan

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?

First, all communications with a school district should be calm, thoughtful and reasoned. Approaching them with guns blazing only puts them on the defensive and makes it difficult for them to “hear” your thinking.There’s quite a difference between reasonably asserting your rights and being aggressive.

Communicating to them the respects in which they have exceeded their authority and/or abused your rights under the regulations is worth the effort – for yourself and for other homeschoolers. One of the things that helps us protect our right to homeschool is the action we take…even when we think it’s unnecessary, inconvenient, or scary.

When you inform the school district, with reason and clarity, about stepping over the line with respect to the regulations, you not only educate them for yourself, but for every other homeschooler coming behind you. You perform a service for your homeschooling community.

The specific issue presented for discussion on this list is not about what the quality of the homeschooling parent’s friendship with a principal or superintendent might be. That is really immaterial, since homeschooling is a safeguarded choice regardless of the attitude of any public school official. Unless the parent is not complying with the requirements of state regulations pertaining to notification and assessment there is no valid, sustainable reason to scrutinize the home educator and/or to deny her child future opportunities.

Assessment achievement standards are set forth in home education regulations [OAC 3301-34-04(B)(1)(2)(3))]:

(1) testing-composite score of at least 25th percentile in a nationally-normed standardized test;

(2) written narrative assessment of a portfolio of the child’s work done by an Ohio-certified teacher of parents’ choice- demonstrating progress in accordance with the child’s ability. Presumably, the parent would be careful and thoughtful in choosing an assessor appropriate for their circumstances; and

(3) some other mutually-acceptable choice by parent and superintendent. Again, one would think the parent would be use some restraint in making this choice, but the key words to be remembered are “mutually-acceptable.” The parent most certainly would not agree to something inappropriate or unfair, or detrimental to her child. Homeschooling regulations in Ohio were changed in 1989 to eliminate the wide differences which appeared statewide in dealing with homeschoolers. The Statement of Purpose [OAC 3301-34-02] states that one of the purposes of the regs is to provide for “consistent application” of the requirements by superintendents. So…no matter friendships, attitudes, other children in the system, the regulations are not open to interpretation or consideration of other issues BEFORE applying them.

Remember, according to the Dept. Of Education Questions and Answers Regarding Home Education, June, 1993: (distributed by the ODE to all superintendents)
Question 13: Are the requirements in Rule 3301-34-03 [home education notification] just minimum standards that the local districts may make more restrictive?

Answer: No. These are rules of the State Board that carry the same effect as law, and school districts may not add to these requirements.

If I understand correctly, a school principal made phone contact with a parent and expressed concern about home education of her child/ren – checking up on her and promising to call back. This is entirely inappropriate contact. First of all, a principal has no authority in matters of home education. That’s the superintendent’s regulatory responsibility ONLY; there is no provision in the regulations for the delegation of this authority.

Secondly, there is a process in place to address matters of “concern.” It is the assessment that must be filed with any subsequent notifications. AND, it is within the statutory burdens of the superintendent, not the principal, should an assessment not meet the necessary achievement criteria set forth in the home education regulations [OAC 3301-34-04-Assessment]. That burden would be to request, review and follow-up on a remediation plan submitted by the parent/s. [3301-34-05-Remediation]

Let’s not forget the Statement of Purpose [OAC 3301-34-02] of the regulations…”…to safeguard the primary rights of parents to provide the education for their child(ren).” Checking up on a legitimate homeschooler violates this safeguard.

Further, the fact that it is verbal contact does not afford the parent (or anyone calling in an official capacity) any protection or preservation of their rights. Neither the parent nor the district has sufficient documentary proof that contact was made, the nature of such contact, nor does verbal contact provide the home educator with documentary protection with respect to her response.

Not only should this parent refuse to take any further calls from this principal, but should consider contacting the superintendent – in writing- about this improper contact, cc’ing her letter to the offending principal…explaining why she feels such contact is inappropriate, that is, beyond the purview of the principal’s authority in matter of home education.

This parent should respond politely and respectfully but firmly to this district asserting that she has fulfilled her obligations to date under the home education regulations [OAC 3301-34-03-notification] , has received the appropriate excuse from compulsory attendance from the superintendent (the ONLY official designated by the regulations to have any authority regarding district-application of home education), indicating that she is in compliance with the home education regulations, and that further contact from this district (especially from an unauthorized, though well-meaning school official) is neither welcomed nor encouraged.

This parent should insist that all future communications from this district be:

(1) from the individual with jurisdiction in matters of home education: the superintendent;

(2) in writing, AND

(3)should it ever be necessary, the parent should always communicate in writing and send it certified mail, return receipt requested , thus preserving her rights with respect to such communications, and, of course, copies should always be kept of such communications.

Our regulations have the force of law. They adequately provide a mechanism for determining when parents are not meeting their obligations: the assessment – and correcting any deficiencies: the remediation plan. And these regulations may not be exceeded in any manner…not even by well-meaning, “concerned” school officials. When individual homeschoolers calmly and reasonably remind local school officials of their statutory obligations and restraints, we all benefit from that education process.

S.M. Duncan, 02/2001
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May 1, 2008 | Filed Under Sue Duncan's HS Alerts