SO…YOUR DISTRICT IS AFTER “BAD” HOMESCHOOLERS?

Often school districts state that they need to increase the regulations, to impose new rules, procedures or requirements, to create a home education “form” in order to detect “bad homeschoolers.”

No doubt, school districts have a sincere desire to do their very best for children in their jurisdiction and, indeed, there are parents who are using homeschooling  inappropriately. But consider this has always been the case. It remains that making it more difficult for GOOD homeschoolers will not discourage BAD homeschoolers.

This same argument is often used when truancy is used against homeschoolers. Frankly, this is a very flawed argument: BAD laws do not discourage BAD people – they  only interfere with the lives of GOOD people.

Consider: we provide an academic assessment each year which would demonstrate if children are receiving an adequate “education.” But, even given this – educational  adequacy is NOT the superintendent’s statutory mandate so, while his intentions may be good in imposing new forms, procedures or requirements on home educators,  they exceed the regulations and place a burden on homeschoolers NOT intended by the home education regulations. The regulations are in place to see that the primary rights of parents – PARENTS – to provide the education for their children is safeguarded. It does not allow the superintendent to surmount this primary right with his good  intentions or personal “mission” to see that all children in his district receive a “good education.” The primary parental right to provide the education – be it good or bad – for
their children is safeguarded and cannot be overcome by a superintendent’s concerns for “bad homeschoolers,” laudable though that might be. (OAC  3301-34-02-Statement of Purpose)

Additionally, once parents decide to homeschool they REMOVE themselves from the district’s authority – from an expectation that the district is responsible for their children’s education. This is the responsibility which we take upon ourselves. The district is not being asked to assume any duties for the education of our children. Indeed,  consider that many districts specifically state that they do not provide any services or support materials to home educators, they may still feel a need to retain oversight.  (Keep in mind, I am not advocating any part-time participation or use of any services from a school district…See Part-Time Participation on the CHALLENGES link.)

And, most importantly, the concern suggested by the superintendent/school district for children receiving a good education is handled under the current regulations – it is  called the Academic Assessment which is required to be submitted for the prior year’s work with subsequent notification. The regulations also address inadequacies in a  home education program by providing for a plan of remediation worked out with the superintendent’s office. Therefore, should a superintendent wish to identify “bad  homeschoolers” it would be easy enough to do so through this requirement of the regulations. (OAC 3301-34-04-Academic Assessment)

Further, the home education regulations proceed from the compulsory attendance statute – ORC 3321.04. Compulsory attendance laws require that children attend school  but they DO NOT REQUIRE THAT THEY BECOME EDUCATED. Compulsory attendance laws are about attending SCHOOL – they are not about compelling a good – or  even a mediocre – education. Think about this: when children do not attend school, districts charge them with truancy. They do not charge them with truancy for failing to make progress deemed satisfactory; or for not passing a grade level. There are no laws against doing poorly in your education program. Consider what might happen – the lawsuits perhaps? – the impact on our society – if a school district were to be held accountable for making sure children are educated.

Therefore, attempts by school officials to make sure homeschooled children are getting a “good education” exceed their legal authority and – no matter how well intentioned a school official may be – might this be considered harassment? At the very least, it is ill-advised since it exceeds the regulations which have the force of law. The regulations are binding on the homeschooler to provide the necessary information, to the appropriate authority.. Indeed, the rules 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.”- this means the superintendent is required to follow the rules – no matter what his sincere desires or intentions may be. 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…FOR ANY REASON.

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.

So, despite the best of intentions and a sincere desire to do the best for ALL children in a school district, it simply is not the superintendent’s (or any school district official’s) obligation with respect to home educators. When the district – however well-intentioned – steps in and demonstrates a distrust of parents by requiring them to PROVE they will be good educators, in violation of the regulations – parents feel disrespected and feel their rights are less than those of parents choosing other educational options. Do parents who children go to a private school, parochial school, community/charter school, even eCOT, have to prove their children are receiving a good education? Home education is a legal and equal education option in Ohio. To treat home educators differently than parents who have chosen other educational alternatives is a violation of the equal protection clauses of both the Ohio and US constitutions.

We have regulations which the SBE did not consider or adopt lightly. They demonstrate a trust and respect for parental rights and in fact, specifically safeguard the primary right of parents to provide the education for their children. Let me repeat that: parents PROVIDE the education for their children. The district’s obligation is to determine that home educating parents are in compliance with the regulations by providing the required information to the required party – the superintendent. When parents provide all the information under the regulations – they are in compliance, receive an excuse from compulsory attendance, and proceed with the responsibility of their children’s education.

The task of the superintendent with respect to home education – no matter his intentions or good will – is to review the information provided, determine that it is all there, NOT make a judgment about adequacy or appropriateness (remember, this is about compulsory attendance), review the academic assessment-if required (and if the assessment standard is not met, to create with the parents a remediation program) and to issue an excuse from compulsory attendance for the child/ren for the current school year. Period.
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Footnote OAC 3301-34-02 (Statement of Purpose)”The purpose of the rules in this chapter is 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)…”

Prepared by S.M. DuncanÓ Hsalerts@aol.com August, 2001
Do not reprint for distribution without permission

May 1, 2008 | Filed Under Sue Duncan's HS Alerts 

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