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.

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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.”

PROOF OF RESIDENCY

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.

WHAT TO DO?

May 21, 2008 | Filed Under Home education, Ohio, Ohio Notification, Sue Duncan's HS Alerts