Notification and Due Process Time Line by Sue Duncan

1. Make a decision to home educate.

2. Fill out “official” notification form or notify by letter of your intention to home educate, providing all required data.

3. Send notification via Certified Mail, Return Receipt Requested (or hand-deliver) to superintendent as follows:

(a) supt. of school district of residence if you live in a City, or Exempted Village;

(b) supt of county of residence if you live in a “local” school district, e.g., Kings Local School District.

4. Count 14 days, including weekends, from date of the receipt of postal return receipt in supt’s office, or from dateof hand-delivery to superintendent’s office. (Obtain signature/date of person receiving if you hand-deliver.)

5. 14 days – check for written communication from superintendent as follows – only ONE will apply:

(a) Receipt of letter stating your notification is in compliance – excuse from compulsory attendance letter – Great!

OR

(b) None – if past 14 days – you are excused despite no receipt of letter from supt’s office. Request your excuse from the superintendent. It is his statutory obligation to respond to your notification within 14 days.

OR

(c) You have received a letter stating that your notification is insufficient in some regard and requesting that you supply missing information. (This is non-compliance and you are not excused if the information requested is missing and not additional information. If unsure, check with a homeschool support group or advocate.) You have 14 days to supply this missing information via letter or conference with the superintendent.

Only ONE will apply:

(i) if you supply this missing information within 14 days, you should expect a letter of compliance/excuse

from the supt’s office within 14 days of the receipt of your supplied missing info by his office. (Start

the 14-day compliance calendar again. (See Items 4 – 5(a) and (b) )

OR

(ii) if you do not supply this missing information in 14 days – you are non-compliant and you will not receive

an excuse from compulsory attendance; may be in violation of compulsory attendance laws.

OR

(iii) you supplied the missing information, but superintendent communicates his intention to deny you an excuse.

Proceed from this point ONLY if you have received a letter from your superintendent stating that you are non-compliant

and he announces his intention to deny you an excuse from compulsory attendance.

6. If the parent has provided the missing information, but superintendent announces his intention to deny an excuse

(a) parent must be notified within 14 days of the reason for such denial and his/her right to a due process hearing

before the superintendent;

(i) after the due process hearing – superintendent will grant the excuse from compulsory attendance;

OR

(ii) after the due process hearing – superintendent will deny the excuse from compulsory attendance.

(1) must advise parent of right to appeal this denial to a Juvenile Court Judge within 10 days; and

(2) must advise parent that he/she may be in violation of compulsory attendance law (ORC 3321.03 and .04)

OR

(b) parent may not request due process hearing and discontinue pursuit of excuse from compulsory attendance for children; child/ren must be placed in educational option other than home education.

7. If parent pursues the case to a Juvenile Court Judge:

(a) Juv. Ct. Judge grants the excuse from compulsory attendance – parent will receive an excuse from compulsory attendance for the remainder of the school year and must comply with all further requirements, such as assessment.

OR

(b) Juv. Ct. Judge denies the excuse from compulsory attendance – parent will NOT receive an excuse from compulsory attendance; parent will not be permitted to home educate.

Rev. 02/01 – SM Duncan – Do not reprint without permission.

April 26, 2008 | Filed Under Uncategorized 

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