Ohio S.B.E’s Review of Home Education Rules Complete

The Ohio State Board of Education’s recent review of the Ohio Administrative Code 3301:34-01-08, Excuses from Compulsory Attendance for Home Education is now complete.  I wrote  OH State Board of Education to discuss homeschool rules in September and before that I explained that an Ohio Department of Education spokesperson stated that despite the warnings by some groups, there were no specific plans to change our laws in this Ohio Homeschool Regulation Review.

There were minor changes made to our  code that  reflect updates within other areas of Ohio law concerning teachers and an outdated reference to testing, but there were no other changes made.

On January 13, 2009, The Ohio Register of Ohio posted their No-Change Filings that included part of Ohio Administrative Code, Chapter 3301-34, Excuses from Compulsory Attendance for Home Education. These were:


The two other sections not included above, 3301:34-01 and 3301:34:04 have been brought up to date to comply with other areas of the code.   These were filed  under Recently Adopted Rules With an Action Filed on 01/13/2009 and were shown at the Ohio Register as well:


I will be updating these specific changes  within the  Ohio Administrative Code, Chapter 3301-34, Excuses from Compulsory Attendance for Home Education,  The Written Narrative Assessment Form and The Achievement Testing Form at  Ohio Home Educators’ Network (OHEN)  shortly.

For those who are interested, the old code along with the minor  changes are listed below and are illustrated via strikethrough or an underline:

3301-34-01 Definitions.

The following terms are defined as they are used in this chapter.

(A) “Licensed or certified Certified teacher” means a person who holds a valid Ohio teaching license or certificate, excluding the certificate issued under section 3301.071 of the Revised Code.

(B) “Home education” means education primarily directed and provided by the parent or guardian of a child under division (A)(2) of section 3321.04 of the Revised Code which child is of compulsory school age and is not enrolled in a nonpublic school.

(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.

(D) “School district of residence” means the public school district within which the parent resides.

(E) “Superintendent” means the superintendent of schools of the city, county, or exempted village school district in which the parent resides.


3301-34-04 Academic assessment.

(A) 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.

(B) The academic assessment report shall include one of the following:

(1) Results of a nationally normed, standardized achievement test which meets the requirements set forth in rule 3301-12-02 of the Administrative Code.

(a)   Such test shall be administered by:

(i) A licensed or certified teacher; or

(ii) Another person mutually agreed upon by the parent(s) and the superintendent; or

(iii) A person duly authorized by the publisher of the test.

(b) Results should demonstrate reasonable proficiency as compared to other children in the district at the same grade level. Any child that has a composite score at or above the twenty-fifth percentile shall be deemed to be performing at a level of reasonable proficiency.

(2) A written narrative indicating that a portfolio of samples of the child’s work has been reviewed and that the child’s academic progress for the year is in accordance with the child’s abilities.

(a) The written narrative shall be prepared by:

(i) A licensed or certified teacher; or

(ii) Other person mutually agreed upon by the parent(s) and the superintendent.

(b) The parent(s) shall be responsible for the payment of fees charged for preparation of the narrative.

(3) An alternative academic assessment of the child’s proficiency mutually agreed upon by the parent and the superintendent.

Now that this review is complete, Ohio home educators  may want to  consider following education and other issues relevant to homeschooling to maintain and protect our freedoms.