CHALLENGES

Your school district has sent you a letter (or telephoned you) stating they desire:

• grade level; or
• table of contents of your textbooks; or
• future communications to be with a designee - the principal, student services director, etc.; or
• the name of the textbook you will be using to teach nuclear fission; or
• a copy of your high school diploma; or
• your notification by a certain date; or
• your academic assessment by a certain date; or
• their district-created notification "form" - which includes incorrect language- be used; or
• their newly-created "procedures" be followed; or
• more information on what you plan to do in algebra...and so on.

OR

Well, certainly, many of us dislike rocking the boat - especially if the communication from the school district contains an "approval of your homeschooling request for the school year." But consider - when you acquiesce to the illegitimate requests (or language) of a school district, you de-legitimize the home education regulations.

When you fail to act, when you fail to decline to comply with unrequired demands, or do not respond to language which misrepresents the regulations and their intent, you do several things:

• you cede the school district authority and responsibilities not mandated by statute;
• you create a sense of entitlement in the school district to the "information" requested;
• you set a precedent;
• you raise the bar for every other homeschooler in your district, especially those who

refuse to comply with illegitimate requests.

• you lose an opportunity to educate the district with respect to the regulations – their intent or language;
• you weaken the home education regulations;
• you reinforce the mythology that homeschooling must be able to be compared with a "traditional" educational options in order to be successful and valid.

Yes...it’s a very difficult act to respond to a school district - to take on that institutional authority with it’s police power (attendance officers and juvenile court system) and cultural weight. But consider that when you do, you have an opportunity to serve your homeschooling community, to educate the district - and perhaps open a dialog with them about homescshooling, to preserve the integrity of the home education regulations as written, and to maintain your homeschooling rights and freedoms. No small thing.

Okay...so WHAT DO YOU DO?

(1) It’s begins with YOU. Become educated - about the regulations, notification and minimal compliance. When homeschoolers KNOW what their rights and responsibilities are, they can feel confident and calm in dealing politely and firmly with their school districts.

(2) Think about the principle of Minimal Compliance - that is, "do nothing more/nothing less than is required under the home education regulations. Doing less places you in jeopardy of being non-compliant and truant; doing more weakens the strength and validity of the regulations.

By following this simple idea, you can help maintain your rights to home educate your family in accordance with your own principles and beliefs.

(3) Be sure you have a copy of the home education regulations - OAC 3301-34 Rules for Excuses from Compulsory Attendance for Home Education. http://onlinedocs.andersonpublishing.com/oac/ (This is a searchable database.) READ THEM.

(4) Break down what you have been asked; check your copy of the regulations...is the information or action requested/demanded required; is the language appropriate and accurate? If you do not understand the request, or the regulations - DO NOT call the school district. Instead, contact a support group or a home education advocate (not lawyer) you trust. Many support groups have persons available with many years’ experience to help you refute challenges from school districts. Keep this in mind: calling a school district for homeschooling information is like calling Similac corporation with a breast-feeding question.

There is a volume of information available from support groups, websites, homeschooling advocates to help you determine an appropriate, reasoned, thoughtful response to the district. (This website contains a great deal of information refuting specific challenges, such as truancy, or provision of unrequired information, dealing with designees, pitfalls of part-time participation, etc. See the CHALLENGES link.)

(5) Determine WHO issued the communication? The superintendent, or a designee. (You might wish to consider the information on this website - under CHALLENGES - Designee). The ONLY person charged in the school district with jurisdiction regarding home education is the superintendent, except in the case of part-time participation and enrollment/placement in the public system. The local school board is able to set policy in this regard only.

(6) If the communication is verbal, politely but firmly respond that you wish any request of the district to be put in writing. Verbal exchanges do not afford the parent (or anyone calling in an official capacity from the district) 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. ALL communications with your district should be in writing.

(7) Write a polite, firm, reasoned letter to the superintendent of your district and decline to comply with the requests of the district which exceed the regulations. You may also choose to enclose a copy of the actual home education regulations for each person you will be sending this communication. You are provided with a resource to download copies in item (3) above.

(8). Pass information about illegitimate requests or de-legitimizing language (use of words like "approval, "request," or "permission" ) along to homeschooling families both within your support group and within your school district. Work together to coordinate a community response to illegitimate requests from your school district. (This is your opportunity to educate the school district and protect the integrity of the regulations. Imagine what might happen with their desire for future requests if they receive 25 letters politely but firmly refusing to comply with a demand for unrequired information and explaining why. )

(9) Attend or hold discussions about the home education regulations, notification and minimal compliance. Join email lists, listservs, newsletters or forums which regularly follow homeschooling and issue updates to members regarding issues facing Ohio homeschoolers - local, statewide and/or national. Share this information with other homeschoolers in your community. Be a home educator educator!

(10) You may wish to consider forwarding copies of any communications you send to the superintendent’s office to the school district’s school board. This is critical; they are the superintendent’s boss and hold the purse strings; it would be important for them to know how the district is utilizing its limited resources. Are they diverting time, money, manpower, focus from legitimate district issues by requesting information from home educators which is not only NOT required, but which exceeds the regulations which are binding on the superintendent and his office? They need to know how taxpayers and citizens of this district feel about the treatment of families pursuing a legal educational option in Ohio. Remember, you are not only home educators in your district, you are taxpayers and citizens! These are your elected officials; your tax dollars pay their salaries...and the superintendent's !)

(11) If you think it necessary, request time before the school board to open a dialog about home education. Perhaps not surprisingly, the school board focuses on issues more generally around traditional educational issues; it would be an opportunity to present a "real face" to homeschooling as opposed to the mythology and misstatement surrounding it. You might find an ally on the school board that you can work with BEFORE issues arise; or to whom you might be able to turn privately to turn aside challenges after they appear.

(12) Ask your local library to include factual, accurate homeschooling information on challenges in the reference section of their facilities. Consider placing information in the front of library books on homeschooling - with permission of the library.

(13) When challenges do appear...face them. Do not turn to an expert or organization to do it FOR YOU. Certainly, they can be helpful, provide your with insight and information. But take a stand for yourself, your family and your community. When we chose homeschooling we did so because we felt WE were the experts on our families - no one knew more than we did about what was right or appropriate for us. And so it is with our own homeschooling freedoms. WE are the ones to take up the task of safeguarding our rights and freedoms for our families.

Take a stand; face the challenge: become aware, informed and proactive!  

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

 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

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.

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.

_______________________

Do not reprint for distribution without permission

Home education notification, appropriately filed by the parent, satisfies the district’s mandate under compulsory attendance statute. The district is advised where the child/ren will be and that the child/ren will be in a program provided by the parents, instructed at home. The State Board of Education adopted the rules which parents and superintendents are required to follow in order to homeschool and such parental right is specifically protected and stated in the Purpose statement of the regulations, OAC 3301-34-02: "The purpose of the rules in this chapter is to ... safeguard the primary right of parents to provide the education for their child(ren)."

If there are issues of non-compliance with a notification, the superintendent and the parent are provided with a time period and process with which to resolve these issues. (OAC 3301-34-03(C)(1)(2) ). Since they would be issues of missing information, supplying this missing data should not be cause for considering a child truant. Further, the district should not assume the parent will not overcome any issues of non-compliance; and therefore, the district should not have cause for considering a child truant merely based on either missing data or any other resolvable issue of non-compliance.

Truancy is about attendance. It extends from ORC 3321.04, the compulsory attendance statute. It is about compelling attendance, not education; therefore, there appears to be no educational reason for pursuing truancy threats against home educators. Threats of truancy are not about the adequacy of an educational program; therefore, suggestions by districts that home educators must be "in school" until such time as their notification is reviewed and approved by superintendents are not well-reasoned or supported.

Home education notifications are reviewed to see that the required data is in place. This is a clerical, administrative procedure; a check-off list. The superintendent does not make a judgment regarding academic content, quality or adequacy. It is reviewed to see that it is provided. Therefore, none of the information should be of such import, or educational quality, that it would require a child be in attendance at a public school or other such program until such time as a superintendent reviews to see that the information is provided. This can be done while the child is home educating and while the notification is being reviewed for provision of the required data.

There is no starting date stated in the home education regulations. Long-standing, statewide practice is that most homeschoolers notify on/by Day One of their school district’s new fall term.

Further, the regulations are specific with respect to obligations of the responsibilities and obligations of the parents and the superintendents. If the regulations required a starting date, or there were penalties for not complying with such, one could believe that they would have been specifically stated. The regulations are specifically ambiguous in this regard, allowing for parental rights. Again, rights which are specifically stated and safeguarded by the home education regulations Statement of Purpose. (OAC 3301-34-02)

Home education is a legal and equal educational choice in Ohio. It is equivalent to the other 5 choices currently available. Children attending parochial school, for example, are not required to attend public school until such time as their attendance in a parochial, private, community is demonstrated. They are allowed to begin immediately. Under the equal treatment clauses of the U.S. and Ohio Constitutions, such rights must be accorded to home educators as well upon notification of their intention to home educate. Special privileges may not be accorded to only one or a few groups.

Further, pursuing parents who have chosen a legal and equal educational option in Ohio, who have notified of their intention to home educate and who have, therefore, satisfied the obligations with respect to compulsory attendance (and remembering that truancy is NOT about educational quality but attendance), would appear to be a waste of limited district resources. Diversion of manpower, time, money and focus from legitimate issues of truancy facing a school district would seem to be issues which taxpayers, citizens (which home educating parents are) should be concerned and which should perhaps be brought to the attention of the local school board.

Providing evidence that they have filed a notification of intention to home educate, and therefore have satisfied the state’s interest in knowing where a child, ages 6-18, will be, even if they do not have their excusal from compulsory attendance in hand yet, should be sufficient. Lack of such excuse during the required 14-day compliance review should not be cause for issuing truancy charges. Parents who have appropriately notified have complied with their obligations; such parental notification allows the districts to comply with their own statutory obligations.

Further, districts are often remiss in providing home educating parents who are in compliance with letters of excuse from compulsory attendance in a timely manner (within 14 calendar days) as required under the code, OAC 3301-34-03(C)(1). It is unseemly that lack of district compliance should create truancy difficulties for parents who have followed the law in this regard.

Truancy threat of home educators is a wasteful exercise; it serves neither the district’s nor the home educator’s purpose of providing an education for children.

(1) Write a polite, firm, reasoned letter to the Superintendent. Information has been provided which may aid you as you consider what you shall say to the district in this regard. It is important for home educators to write letters to districts in areas of non-compliance. It serves the purposes of maintaining our own educational freedoms, and of educating the district with respect to THEIR compliance with the regulations. It smoothes the way for homeschoolers coming behind you. Take a stand today.

It is requested that you do NOT copy this information verbatim. Please feel free to use any of the quotes or citations in your letter, but it would be more effective if you would put your thinking into your own words. Form letters are not as effective as individually-created ones. Thank you.

(2) Send with copies to:

(a) School Board (this is critical; they are the supt's boss and hold the purse strings; it would be important for them to know how the district is utilizing its limited resources. Are they diverting time, money, focus from legitimate district issues by requesting information from home educators which is not only NOT required, but which exceeds the regulations which are binding on the supt. and his office? They need to know how taxpayers and citizens of this district feel about the treatment of families pursuing a legal educational option in Ohio. Remember, you are not only home educators in your city, town, etc., you are taxpayers and citizens! These are your elected officials; your tax dollars pay their salaries...and the superintendent's !)

(3) If you have notified your district, and it is beyond the 14-day requirement for the superintendent to provide you with an excusal, you should contact your district and politely request that the superintendent comply with the home education regulations, OAC 3301-34-03(C), under which the superintendent has a regulatory burden to provide the home educator, in writing, a notice of excuse from compulsory attendance, within 14 calendar days of receipt of notification of intention to home educate. This is a legal document which the superintendent's office must provide and which homeschoolers are required to retain for their records. Ask for receipt of the excuse from compulsory attendance by return mail. (Be sure to send ALL correspondence via certified mail, return receipt requested.)

(4) Share this information with homeschoolers in your area. Be sure that they are receiving good, accurate and reliable information. Homeschoolers may find that by advising their district that they will NOT comply with requests that exceed the home education regulations, they are protecting their freedoms AND educating the district. Let’s begin by becoming educated ourselves.

 Further, in accordance with 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. (Could we assume that making a requirement that notification information go to and come from a designee be an addition to the regulations?)

Designees are not authorized under the home education regulations to issue excuses from compulsory attendance; indeed, our regulations are very specific in this regard that the notification must GO TO and (excusal) BE SIGNED BY the superintendent. In point of fact, local superintendents (ie, Kings Local School district) are not authorized to issue such excuses.

Parents are admonished to check to be certain they are filing with the correct superintendent, ascertaining his full name, correct spelling, and full address. They are required to file with the appropriate superintendent so they are in full compliance with the regulations. OAC - 3301-34-03(A) "A parent who elects to provide home education shall supply the following information to the superintendent." (Can a homeschooler be compelled to disregard the specific requirements of the regulations by an individual school district.?)

Further, superintendent is defined in the home education regulations (OAC 3301-34-01) as:.."the superintendent of schools of the city, county or exempted village school district in which the parent resides." There is no authorizing language for delegation of this responsibility to any other school official, principal, student services director, manager.

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." School districts may not increase, delete from, or alter the home education regulations in any way. (Could this designee issue be considered an alteration?)

Clearly, the Statement of Purpose (OAC 3301-34-02) 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)..." (Could this designee issue be considered - inconsistent application - some district superintendents are providing the excusal under their signatures; others are not?)

Under OAC 3301-34-03(C), it is the responsibility of the superintendent to receive, review for compliance and issue the excuse from compulsory attendance in writing. And, under ORC 3321.04(A)(2), it is the superintendent’s responsibility to issue an excuse from compulsory attendance for the purpose of home instruction.

Because many superintendents view the notification process as one of "approval" or "permission" they may believe that reviewing home education notifications is a time-consuming process, and therefore delegate it to a designee. (In fact, Adamowski stated that his district has 47,000 students, and 6000 employees and it is common practice to delegate authority.) However, if they fully understood that this process was one which was merely administrative ... a checkoff list...they could delegate the checklist procedure (are all the required pieces provided? ) to another and merely sign the excusal when it was determined that all required information was in place...or could sign the letter requesting missing information, if that were the case. (Note above citation which requires them to provide excuse or ask for missing information in writing...OAC 3301-34-03(C)(1)(2). )

Is an excuse signed by a designee valid? For example, what if a homeschooler moves to another district mid-year and wishes their excuse transferred to the new district; or is stopped for "truancy?"

Can a superintendent delegate this responsibility to anyone he wishes - giving him/her full authority over home education matters - in the case of a principal...for only a very limited number of children. What kind of experience (how conversant?) with the regulations might individual school principals have? How does this provide for "consistent application by superintendents?" Could this practice - which might be harmful to homeschoolers in its inconsistency, the lack of experience and knowledge of the principal (or other designee) causing undue hardship with respect to the notification process, be illegitimate since it abrogates the purposes of the Statement of Purpose of the home education regulations: (OAC 3301-34-02) "The purpose of the rules of this chapter is to prescribe 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). Home education must be in accordance with the law."

(1) the prescribed conditions require that the parent provide notification to the appropriate party, the superintendent. (OAC 3301-34-03(A)); the term "superintendent is specifically defined in the regulations (OAC 3301-34-01);

(2) providing information to a designee who is a principal in one district, to a designee who is a student services director in another, to a administrative secretary in another, to a supt. in yet another district, is not consistent application BY SUPERINTENDENTS;

(3) compelling a parent to provide information to a designee not authorized under the regulations to provide a "legal" excuse, and thereby creating issues of illegitimacy (and consequent hardship) should the parent move to another district, as well as issues of inconsistent application of the law, exposing the parent to ignorance of the regulations by a designee and thus consequence challenges, etc. does not safeguard a parent’s primary right under the regulations. In does, in fact, imperil it.

(4) Home education must be in accordance with the law; one may presume that the "law" does not only relate to the obligations placed upon the parent but applies to superintendents as well.

Did the 3321.04 Advisory Committee, which informed SBE with respect to the home education regulations, intend for this to be delegated task and authority? (Not according to Diana Fessler, who is a former SBE member and was on the State Board Advisory Committee which wrote the current regulations.) She states: "County, exempted village, or city superintendents are the only ones who have jurisdiction in the area of home education. Designees, principals, local superintendents, etc. do not have any authority to excuse children from compulsory attendance laws. Parents are required by the regulations to correspond with the appropriate superintendent." (Home Education: Answers for Ohio Parents, Diana Fessler, p. 51)

 Did the 3321.04 Advisory Committee, which informed SBE with respect to the home education regulations, intend for this to be delegated task and authority? Not according to Diana Fessler, former District #3 representative of the State Board Of Education, member of the 3321.04 Advisory Committee which developed the home education regulations and author of _Home Education: Answers for Ohio Parents_, page 51: "County, exempted village, or city superintendents are the only ones who have jurisdiction in the area of home education. Designees, principals. local superintendents, etc., do not have any authority to excuse children from the compulsory attendance laws. Parents are required by the regulations to correspond with the appropriate superintendents."

Designees are not authorized under the home education regulations to issue excuses from compulsory attendance; indeed, our regulations are very specific in this regard that the notification must GO TO and (excusal) BE SIGNED BY the superintendent. In point of fact, local superintendents (ie, Kings Local School district) are not authorized to issue such excuses.

Further, superintendent is defined in the home education regulations (OAC 3301-34-01) as:.."the superintendent of schools of the city, county or exempted village school district in which the parent resides." There is no authorizing language for delegation of this responsibility to any other school official, principal, student services director, manager.

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." Under OAC 3301-34-03(C), it is the responsibility of the superintendent to receive, review for compliance and issue the excuse from compulsory attendance in writing. And, under ORC 3321.04(A)(2), it is the superintendent’s responsibility to issue an excuse from compulsory attendance for the purpose of home instruction.

Further, in accordance with 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.

Clearly, the Statement of Purpose (OAC 3301-34-02) 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)..." (Could this designee issue be considered - inconsistent application - some district superintendents are providing the excusal under their signatures; others are not?)

Because many superintendents view the notification process as one of "approval" or "permission" they may believe that reviewing home education notifications is a time-consuming process, and therefore delegate it to a designee. However, if they fully understood that this process was one which was merely administrative ... a checkoff list...they could delegate the checklist procedure (are all the required pieces provided? ) to another and merely sign the excusal when it was determined that all required information was in place...or could sign the letter requesting missing information, if that were the case. (Note above citation which requires them to provide excuse or ask for missing information in writing...OAC 3301-34-03(C)(1)(2). )

Is an excuse signed by a designee valid? For example, what if a homeschooler moves to another district mid-year and wishes their excuse transferred to the new district; or is stopped for "truancy?"

Can a superintendent delegate this responsibility to anyone he wishes - giving him/her full authority over home education matters - in the case of a principal...for only a very limited number of children. What kind of experience (how conversant?) with the regulations might individual school principals have? How does this provide for "consistent application by superintendents?" Could this practice - which might be harmful to homeschoolers in its inconsistency, the lack of experience and knowledge of the principal (or other designee) causing undue hardship with respect to the notification process, be illegitimate since it abrogates the purposes of the Statement of Purpose of the home education regulations: (OAC 3301-34-02) "The purpose of the rules of this chapter is to prescribe 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). Home education must be in accordance with the law. 

CONSIDER:

(1) the prescribed conditions require that the parent provide notification to the appropriate party, the superintendent. (OAC 3301-34-03(A)); the term "superintendent is specifically defined in the regulations (OAC 3301-34-01);

(2) providing information to a designee who is a principal in one district, to a designee who is a student services director in another, to a administrative secretary in another, to a supt. in yet another district, is not consistent application BY SUPERINTENDENTS;

(3) compelling a parent to provide information to a designee not authorized under the regulations to provide a "legal" excuse, and thereby creating issues of illegitimacy (and consequent hardship) should the parent move to another district, as well as issues of inconsistent application of the law, exposing the parent to ignorance of the regulations by a designee and thus consequence challenges, etc. does not safeguard a parent’s primary right under the regulations. In does, in fact, imperil it.

(4) Home education must be in accordance with the law; one may presume that the "law" does not only relate to the obligations placed upon the parent but applies to superintendents as well.

Further, it is receipt in the office of the superintendent only of the notification information which begins the 14-day compliance/non-compliance clock. (OAC 3301-34-03 (C) It does not begin, as has been asserted by some districts, upon receipt of or forwarding to the Office of Special Services. Homeschoolers should continue to notify the superintendent and communications with the school district should be made to the superintendent, as required by the regulations. All original communication should be directed to the superintendent; it is certainly permissible to copy all such communications AFTER notification to the designee as well.

Homeschoolers should always send communications to the district by certified mail, return receipt requested. This provides you with proof of receipt in the superintendent’s office so that you may begin observing the required 14-calendar day count. It is not recommended that you make personal appearances in the district offices to deliver home education notifications.

WHAT TO DO? Send all communications to the person designated in the regulations - the superintendent.

Superintendents may delegate certain tasks; however, they may not delegate their responsibilities. It is the responsibility under OAC 3301-34-03(C) to receive, review for compliance and issue the excuse from compulsory attendance IN WRITING. It is the superintendent’s responsibility under ORC 3321.04(A)(2) to issue an excuse from compulsory attendance for the purpose of home instruction. ONLY certain specified parties, county, exempted village or city superintendents, have authority under the home education regulations. Designees of the superintendent do not have the authority to issue excuses from compulsory attendance.

Further, "All excuses provided for in divisions (A) and (B) of this section shall be in writing and shall show the reason for the excusing the child. A copy thereof shall be sent to the person in charge of the child." The superintendent must provide this excuse; as a homeschooler you are required to retain this excuse from compulsory attendance for your records.

Your excusal letter should be signed by your superintendent as part of his regulatory obligations. It is appropriate that you should expect such signature of the superintendent and not accept the signature of a designee.

(1) If you receive a notification signed by the designee, write to the superintendent (cc’ing to designee) and request that your excusal be signed by the authority required under the Home Education Regulations. Remember, under OAC3301-34-02, Statement of Purpose - "Home education must be in accordance with the law." One presumes this means BOTH home educators and school officials tasked by administrative code, namely, the superintendent.

(Be sure to send ALL communications to your school district, certified mail, return receipt requested.)

(2) Cite the regulations specifically with respect to having your superintendent sign the excusal.

Remember: Yes, this may be inconvenient and bothersome. Yes, you have an excuse in hand, why rock the boat? The more often you decide NOT to assert your rights under the regulations, the more unnecessary authority over homeschooling you cede to the school district and the more our homeschooling freedoms are eroded...little by little.

Take a stand; respectfully, calmly, politely assert that the superintendent has a statutory obligation to provide you with an excuse from compulsory attendance. (When you write your letters, please do not copy the language here verbatim; you are welcome to use the quotes and citations, but use your own words. Form letters have very little effect.) And, the more homeschoolers in your district who stand together, the more likely you will achieve the desired result.

Copyrighted - Susan M. Duncan, January, 2001

Do not reprint for publication without prior permission

This memorandum contains information on:

(1) testing with school districts;

(2) Ohio Proficiency Tests;

(3) assessment options and filing procedures;

(4) participation in school-offered testing - a perspective on the pitfalls of participating in government programs on the independence of homeschoolers.

In the spring of each year, many school districts conduct standardized (and proficiency) testing. Homeschoolers receive letters from their school districts advising them of testing dates, locations, and times AND they are being invited and encouraged to take advantage of free testing services.

Homeschoolers should note that letters from many districts do not make it clear that participation in testing is voluntary - not mandatory. Be aware: testing is but one option available to home educators for assessment. (And, if homeschoolers choose testing, they may do so privately.)

Note as well: assessments should NOT be provided to a school district separately from subsequent year's notification of intention to home educate. The district is NOT entitled to request or demand that you provide your academic assessment separately or by a certain date or that you provide your notification by a certain date. Following long-standing, statewide practice and the Ohio home education regulations, the assessment and the notification are filed together AND are sent to the superintendent ONLY, not a designee.

"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) ]

ASSESSMENT CHOICES [per Ohio Home Educ. Regs: 3301-34-04(B)(1)(2)(3) ] include:

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

(The assessment standard is: reasonable proficiency - overall composite score of at least the 25th percentile)

(2) A written narrative [portfolio review] 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. (Assessment standard: progress in accordance with the child's abilities.)

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

Please be aware that PROFICIENCY TESTING does NOT fulfill the home education requirements for testing option-OAC 3301-34-04 (B)(1):

"Results of a nationally normed, standardized achievement test ..."

THE CINCINNATI PUBLIC SCHOOL DISTRICT has sent a letter in which they state: "*Note: The Ninth Grade Proficiency Test is a high school graduation requirement..."

Be advised that homeschoolers are under no obligation to take the Ohio Proficiency Test; it is NOT a requirement for homeschoolers. AND, it is NOT a requirement of graduation for a home educated child, UNLESS such child is returning to the public system.

For the sake of discussion, you might also wish to think about the following if you are considering either the Ohio Proficiency Test or using testing services offered by your school district: Beside the fact that the Ohio Proficiency Test is seriously flawed and would not meet the criteria of a nationally-normed, standardized achievement test, it is suggested that home educators carefully consider the possible negative ramifications on the long-term independence of the homeschooling community of participating in such testing - whether OPT or district-provided achievement testing. Consider: if some homeschoolers participate and others do not; might it be asked: why don't ALL homeschoolers test with us - some do. What do the others have to hide? This is one facet of the "accountability" issue that policymakers are currently raising with respect to home education.

Also, consider that your child's results and ALL scores are available for perusal by the school district. If you choose this option - and test privately - you would make available only the overall composite score, not the individual scores on each section. Further, if you test privately and are not satisfied with the results - if they do not meet the assessment standard of 25th percentile or above - you could either re-test or decide upon a different assessment option.

Using public-school services and programs makes homeschoolers dependent upon the public system; might it be possible to use this dependency to then further restrict their homeschooling freedoms by demanding an accounting. [Then further restrict home education freedoms by demanding this same accounting for those NOT involved in the offered services - after all, some are doing it; why not require all to do so?] When these school $$$ (in the form of any service) end up in the "pockets" of homeschoolers, it provides a strong reason for government interest, responsibility, oversight and control.

Rodger Williams stated in an article about government-subsidized homeschooling programs: _Will Homeschoolers Dodge This Bullet?_

"The reason we home educate is because we can do a better job than outsiders can. We carry out the educational process with our personal insight into our children's strengths and weaknesses fully operational. We are not arbitrarily constrained by the control of government officials. This independence from government interference is what makes home education so successful and worth the sacrifice. Yet, this freedom to do what is best for our children is precisely what is endangered by accepting government funds [be it testing, or part-time participation] for home schooling, because it invites government intervention."

Yes, we pay taxes. You might ask: shouldn't I get something back for all these dollars? Consider this: you pay for fire and police protection as well. You are perhaps grateful if you've never had to use these services. You might also consider that your tax dollars support children who will be members of a future society in which you and your children shall live.

Food for thought.

Some articles on the pitfalls of participating in government-subsidized programs by homeschoolers:

Foundations of Freedom - Social policy, Research and Legislation

(articles on preserving homeschooling freedoms)

Prepared and Submitted by:

Susan M. Duncan, April 2000 (Please do not reprint for distribution or publication without prior permission)

Please direct interested on-line parties to check these websites for the fact sheet.

A word about grassroots vs. "experts": Homeschoolers have a long, distinguished record of being able to work together at a grassroots level to protect homeschooling freedoms. This is true here in Ohio, in other individual states, and when a national issue has arisen. When a fundamental freedom is being abridged, homeschoolers have found solidarity in preserving that freedom, despite a diversity in philosophy or beliefs. This was demonstrated right here in Ohio in 1995 when a bill was introduced in the Ohio legislature to force school access for sports. The vast majority of homeschoolers saw the dangers inherent to forcing such access, as strings would be attached, most especially in terms of accountability to a system that doesn't understand or accept homeschooling. We turned out together to oppose this legislative initiative.

As homeschoolers, we took the decisions into our own hands regarding the education of our children. We are most familiar with our families, our lifestyles, our beliefs and our needs. Similarly, decisions regarding protecting Ohio's homeschooling freedoms belong in our hands, where knowledge, understanding and long-term self- interests exist.

Some homeschoolers believe that outside organizations and "experts" can somehow protect homeschoolers here in Ohio. Not only would this take control for determining the outcome of the current notification problem out of our hands, but would allow someone not familiar with Ohio's homeschooling history and needs to make decision which we should be empowering ourselves to make.

For example, one such organization, the Home School Legal Defense Association, recently published information in their publication, Court Report (Jan./Feb. 2000) which specifically misquoted the regulations for Ohio as:

New home school families should send a letter to the local school, (emphasis added) officially withdrawing their child and indicating their intent to home school. This formal withdrawal ensures that the child will not be marked absent and should be done in addition to submitting the notification to the school superintendent. (emphasis added). Also, both written notifications should be submitted simultaneously with or before withdrawing the child.

When a concerned HSLDA member contacted their headquarters in Virginia, she was told that the HSLDA stood by their interpretations of the Ohio regulations.

Why would a homeschooler want to effectively increase the requirements specified in the regulations? It is a shame that many homeschoolers were given and will follow this recommendation for a lessening of their homeschooling freedoms.

Ohio homeschoolers know best what the requirements are in Ohio. It may stand to reason for many of us that we know best how to resolve any challenges that may come our way as well. Since the regulations and their interpretation will directly affect us on a day-to-day basis, we should be the ones responsible for maintaining our own rights. This can be accomplished if we agree and remember to work to preserve every family's right to homeschool in accordance with their own beliefs and principles.

This information was prepared by the Northwest Ohio Homeschooling Legislative Awareness Committee, an open and inclusive committee of interested homeschoolers who come together to raise awareness of issues facing homeschoolers in Ohio. For more information on this fact sheet, contact Laura Rodriguez at (419) 891-1538 or Delores Carter at (419) 578-4044.

We have incurred costs in preparing this information. Any donations to help defray the costs of gathering, compiling, and disseminating the information in this special fact sheet would be gratefully accepted. Make a check payable to the Northwest Ohio Legislative Awareness Committee and send it to 4627 Haddington, Toledo, OH 43623.

** Two items beyond education issues are governed by a local superintendent under Ohio statutes. One is a superintendent's responsibilities in issuing age and schooling certificates (work permits) and another is notifying the Bureau of Motor Vehicles concerning certain school violations for possible suspension of a driver's license. In this matter, the superintendent subsequently decided to invoke these powers to remove this child's work permit and driver's license, even as he excused the child and had a truancy proceeding dismissed by a judge. A second juvenile court hearing is scheduled for April, wherein the parent hopes to prove the superintendent had no right to take these punitive measures against this child.

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There are Ohio Revised Codes and Ohio Administrative Codes that cover the reporting functions for school alternatives to the ODE and local public school superintendents concerning numbers of enrolled students, names of enrolled students, etc. Some happen on a yearly basis, others on a monthly basis and are inclusive of more than one student or, in fact, all students enrolled. All of these reporting functions occur separately from the enrollment of an individual student into a school alternative and the withdrawal of that student from the public school system. Transferring students are handled on an individual basis via the records request as outlined above.

FACT SHEET - LEGAL OPINION

April, 2000

The Fact Sheet - Legal Opinion represents the first phase of an effort within Ohio to inform the homeschooling community regarding the facts, issues and impacts of this legal opinion AND the need to empower ourselves as Ohio homeschoolers to deal with the challenges that arise with our state.

It appears that there is a need for more than just educating Ohio homeschoolers about their rights, responsibilities and opportunities. Another component would be to educate the superintendents on their burdens and obligations under the home education regulations ... as they stand ... not as they would wish them to be.

Homeschoolers around Ohio have been reporting excesses for many years; and many homeschoolers have worked personally with families in their districts to help solve their notification problems, or other homeschooling issues. Some districts are willing to work with homeschoolers; some are decidedly not. The fact remains ... the problems persist ... the excesses continue ...

You can send along a copy of any communication you have had with your district in the past, most especially this past year. This would include:

(1) letters of excusal from your superintendents;
(2) copies of the notification forms supplied to you by your district;
(3) any rules, regulations or other documentation sent along to you by your district;
(4) letters or communications offering services, testing;
(5) letters requesting information from you, or additional data;
(6) anecdotal stories about contact with your district;
(7) any and all communications, most especially, which show compliance by your district with the home education regulations;
(8) any documents, communications or anecdotal evidence prior to 1989;
(9) any documentation or communications you deem appropriate.

(1) black out your name and address and personal references;
(2) include your school district name and county - if not prominently displayed on the photocopied items;
(3) Send to: S.M. Duncan, 3470 Greenfield Court, Maineville, OH 45039 (Please check back for other document collection sites.)
(4) When to send this ... NOW. (See The Timing Below)

(1) Our letters and communications provide evidence - in their own words - of a misunderstanding on the part of the superintendents who believe theirs is a process of approval as opposed to an administrative filing.
(2) Providing this documentation to the Ohio Department of Education as documentary evidence of this attitude should go a long way in helping the department under the current unrest in the Ohio homeschooling community.
(3) It will be extremely important to provide documentary evidence as well of districts which are complying with the spirit and intention of the home education regulations.

WHY include those documents which evidence COMPLIANCE by the superintendents with the regulations? It makes several points: (A) strengthens our position that these regulations CAN be compiled with as written and understood by long-standing practice and, (B) it validates the provided evidence as being balanced, fair and well-reasoned; it would diminish the weight of the message to provide only a partial picture of how the regulations are being regarded in the state.

The time is NOW ... striking while the iron is hot.
~ while we have the attention of ODE due to the recent Fact Sheet;
~ while this information will have the most effect (as a further Fact Sheet outlining the compliance issues-with documentary proof, from around the state of Ohio)

Please do not wait. There is something you can do. As Ohio homeschoolers, we can take this action ourselves and write letters to the Ohio Department of Education and collect and collate the information and provide it to the ODE. This is one we can empower ourselves on a grassroots level, one way we can take action to protect our homeschooling rights in our state.

Prepared by S. Duncan

4/05/00

Many Ohio homeschoolers choose to purchase pre-paid legal insurance and join HSLDA in an effort to protect themselves against government encroachment upon their homeschooling rights. Also available to homeschoolers nationwide is a new organization of homeschool attorneys, ASHA-USA.org. "ASHA is a network of homeschool attorneys and experts formed for the purpose of referring attorneys and experts to homeschoolers, providing information to attorneys representing homeschoolers and to develop a plan of action to prevent further government action against homeschoolers."

But the deeper question should be asked: are these services necessary or even desirable? The home education regulations in Ohio are relatively simple, easy-to-understand, and straightforward. Each homeschooler should have a copy and should read it; and having done so, would be equipped to respond appropriately to requests and approaches by their school districts. Further, in Ohio, there are many seasoned homeschoolers, well-versed in the home education regulations, the history of the movement in Ohio and appropriate, effective strategies and responses. The services of these "experts" are free. AND, with the extra added benefit of enabling homeschoolers to resolve their own issues without the necessity for expensive and potentially-divisive legal representation and with a consequent gain in confidence and independence.

In fact, one of the things that homeschoolers do when we decide to home educate, is take back our personal power; we decide what we shall do, when we shall do it, how we shall do it...we are the experts on our own families and what is best for them. It is unseemly that we would take this very basic step towards independence with our own families and not pursue it the next step into society.

There is oftentimes worry, especially by new homeschoolers, about threats and police authority of government institutions. Understand, we homeschool under regulations which carry the effect of law. This cannot be ignored by the school districts or the courts. Keep in mind, this is not merely an educational option, the state specifically safeguards the "primary rights of parents to provide the education for their child(ren)." AND...such rights are further protected by the Ohio and U.S. Constitutions. These are your children; state’s interest does not overcome parental rights.

When will we learn that the best way to preserve our rights is to WORK for OURSELVES? Who are the experts? We are! Who should be informing attorneys who "represent" homeschoolers? We should! Who should and could develop a plan of action to prevent further government action taken against homeschoolers? We can...we have...and we are!

Rather than go under the assumption that homeschoolers will need protection from government institutions, we should be taking a proactive position and working toward strengthening our freedoms ourselves. We can educate ourselves and each other on the regulations; on appropriate, effective responses to our school districts, and we can ally ourselves with other voices in our community and stand together to resist erosion of our freedoms. We can do all this without HSLDA or ASHA.

A choice of shepherds? I choose homeschoolers in Ohio.

Under no circumstances should a home educator ever accept telephone contact from the school district. It is NOTsufficient for the school district to inform the parent/s by telephone contact of any respect in which the parent is non-compliant with the home education regulations (OAC 3301-34, Rules for Excuses for Compulsory Attendance for Home Education) that is, has not provided required information. Neither the parent nor the school district has sufficient documentary proof that such contact was made and/or received, nor does verbal contact provide the home educator with documentary protection with respect to his/her response. The same would be true of personal contact.

Further, a telephone or personal contact does not stop the 14-calendar day clock running on the regulatory burden of the superintendent to notify IN WRITING of any respects in which information is missing. (OAC 3301-34-03(C)(2) )

In summary, "The Purpose Statement of the regulations (OAC 3301-34-02) clearly states that the purpose of these regulations is to ‘...provide for consistent application by superintendents throughout the state...’ This purpose could not be achieved if individual districts were permitted to develop or use forms, guidelines or procedures that are not strictly in harmony with the language of the regulations. " (_Home Education: Answers for Ohio Parents_, Diane Fessler, p. 46). Therefore, the district cannot expect - nor should a home educator - that telephone contact procedures satisfy the requirements of the regulations.

A good rule of thumb: Should a district contact a home educator by telephone, the homeschooler should politely but firmly request that all communications, now and in the future, be in writing, as is required by the home education regulations. This will give the homeschooler the opportunity to carefully review the district’s request, consult with a homeschooling advocate or support group-if necessary, and respond to the appropriateness of the request.

All home educator’s communications to the school district should be in writing and sent certified mail, return receipt requested. Copies of all communications with a school district should be retained by the home educator.

Prepared and Submitted by S.M. Duncan©, 05/2000

Please do not reprint for publication or distribution without prior permission

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1 - Not additional information, but information which the parent/s did not include and which is required - known as "missing information." The district may not ask for expansion, augmentation, or addition to information provided. If the parent failed to provide required information, for example, the child’s birthdate, or assurance that 900 minimum hours of home education would be provided, that would be cause for the superintendent to notify the parent of the missing data and request that it be supplied (a) in writing, or (b) in a conference within 14 days.

This would not apply to supplying further information on a curriculum or textbooks to a resource listing IF that information was already provided by the parent in the original notification. It would not include providing an offer of proof of any kind with respect to parent's educational background (e.g., high school diploma); teacher certification number, 900 hours of home education, etc. The regulations were written with the understanding that a parent's word is his bond. The information provided by the parent is "affirmed" by his signature, which is not only adequate but entirely sufficient.

It is suggested that parents, under no circumstances, use the forms provided by their districts since these are likely to contain word changes that alter the regulations in whole or in part. Provide your information on either the "state-generated" form which you may obtain from any homeschooling group, advocate, Ohio homeschooling website, or provide the required information in the form of a letter. Using a district-generated form merely perpetuates the errors, raises the bar of expectation for every other homeschooler and cedes authority to the district to which it is not entitled.

The regulations themselves provide us with instruction in this regard: OAC 3301-34-03(B)

"The information required in paragraph (A) of this rule may be provided on a form prescribed by the superintendent of public instruction." There is only ONE superintendent of public instruction; neither your district superintendent - nor his designee - is THE superintendent of public instruction. That person works for the Department of Education in Columbus, Ohio.

Examples of information which districts may ask for in their own generated forms which are not required by the regulations are: grade level, titles of textbooks, table of contents of textbooks, school district name, and provision of the notification information to a designee instead of the superintendent as required.

(Please visit the website for detailed information as to why grade level, textbook titles, etc are not required for the home education notification.)

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.

And, in the same document from the Ohio Department of Education to all superintendents:

Question 16. Must the parents provide the notification on a form supplied by the State Department of Education? Answer: No. The standards say that the parent may use a form supplied by the State Department of Education. They may use their own forms, or may simply notify by a narrative document. A copy of the suggested Ohio Home Education form is enclosed. 

It is not necessary nor is it recommended that you use a district-provided form; you may not be denied an excuse from compulsory attendance because you decline to use a district form. You may provide the required notification information in any format you chose or you may use the state-created form*; the key is to provide ALL the required information and provide it to the appropriate superintendent.

Threatening home educators with truancy is not new, but it is certainly intimidating to be faced with the police authority of the state. Home educators should understand the contorted thinking involved in considering a notifying homeschooler truant...not to mention the inanity and waste of taxpayer dollars diverting time, money, manpower and focus from legitimate issues of truancy in a school district. (How many high school kids are bunking school and sneaking around the mall while the district chases down your 4th-grader? A good question to ask a school board.)

Truancy does not make sense in terms of the homeschooling notification process and district lamentations about "education."

Follow me - the thinking goes something like this:

"They are not being educated - therefore they need to be in school while the superintendent ‘approves’ their notification. We have a responsibility to all our children - our mission is to see that they all get a good education." (Ask them what their dropout rate is?)

So...an attendance officer shows up at your door and charges you with truancy.

However...the statute which they use to pursue parents is that of compulsory ATTENDANCE, not compulsory education.

Okay...so the child is not in school and therefore not attending...uh-oh... the superintendent may have a point.

But wait...back up a minute. Did you notify? Well, of course you did - that's what precipitated the truancy threat.

Well...why do we have to notify anyway?

Under ORC 3321.04, the superintendent has a responsibility to know where children of compulsory ages (6-18 y/o) are in his district; this is his regulatory obligation.

When a parent notifies of his intention to home educate he enables the superintendent to fulfill this statutory burden. The superintendent NOW knows where this child is - where he is ATTENDING. He can do his job under compulsory attendance statute.

Remember: this process is called "NOTIFICATION. " (OAC 3301-34-03)

Notify: "...to give notice to; to inform;"

Inform: "...to give knowledge of something; to tell."

Keep in mind that the regulations were approved and adopted by the State Board of Education after a year of research, discussion and debate. They did not call it a "Permission to Commit Home Education;" or "Application to Home Educate." They were specific in their use of words...both in the regulations and in the state-created notification form. They understood the meaning and the difference between notifying and asking permission. They made this process about notifying -not requesting.

Example:

Requesting: Mom, may I dye my hair purple?

Notifying: Don't worry, Mom; it washes out.

Okay..the superintendent says: "I have to 'approve' your request and you must have my permission before you can homeschool."

The obvious question is WHY?

If this whole process of truancy is about ATTENDANCE - why would the superintendent have to approve my notification before I begin homeschooling? Once I have advised the superintendent where my child will be educated, where he will attend is assured. What requires approval?

Take it apart:

Notification items 1, 2, 3 and 4 are vital statistics; Items 5, 8, and 9 are assurances - merely requiring a checkmark or "yes" notation. Item 10 is a parent signature affirming the provided data. Item 6 and 7 - usually the most troublesome for homeschoolers and school districts - asks that an intended curriculum and list of resources be provided...and very clearly specifies: "For informational purposes only." (Go above to read definition of "inform.")

None of the requirements need approval. They are vital statistics or agreements, or a signature. The curriculum and list of resources are "intended" and this may change during the year. In truth, given the reality of most homeschooling lives, they often do. AND NO ONE CHECKS AT THE END OF THE YEAR TO SEE IF THIS HAS BEEN FOLLOWED THROUGH. So, what's the sense of reviewing these other than the reason intended by the State Board of Education- that is, the parent has planned for the academic year (curriculum) and this is what will be used (resource list).

Academic assessment of parental choice is provided upon subsequent notifications; submissions of work product or full test scores are not required; it is merely required that children meet a particular assessment standard; parents control this process. (Caution should exercised if choosing the third assessment option since it may require more from a parent than is appropriate or wise and the assessment standard is undetermined.)

What is necessary for approval or permission other than to see that ALL the required data has been supplied? A check-off procedure at most. That is what compliance is about: " If the superintendent, upon review of the information, determines that it is in compliance with all requirements set forth in paragraph (A)[notification items] of this rule, the superintendent shall notify the parent(s) in writing that the child is excused from school attendance for the remainder of the current school year." (OAC 3301-34-03(A)(C)(1) )

Check it out. The superintendent only needs to check that all the required info is supplied - that is it! Nothing in this rule authorizes his review for academic adequacy, appropriateness or quality. And, remember, you do not supply grade level - so how could he make this determination in any event? Believe me...after a year of debate and discussion about home education regulations and the further discussion by the State Board of Education (SBE) prior to adoption, one can imagine that if judgment of educational quality, adequacy and appropriateness was the intention of the home education regulations, this would have been CLEARLY and SPECIFICALLY stated. It is not.

Indeed, the opposite can be understood. Take a look at the regulations...the notification section and even the SBE-created form: they demonstrate the thinking here that a parent could be trusted to provide the education for his/her child/wren...and that their word was their bond. NO PROOFS ARE REQUIRED in the regulations. We do not have to prove our residency, that 900 hours will be provided, our minimal educational background (e.g., we do not supply a copy of our high school diploma), or have a notary certify our signature and make us swear to provide the "intended" curriculum, etc. At the end of the year, an academic assessment is provided which demonstrates a particular assessment goal. No one certifies the qualifications of the evaluating teacher or the test-provider; nor is further evidence or schoolwork supplied to the district; it is understood that determining the certifying teacher or test-giver is appropriately qualified is the responsibility of the parent. Remember that signature of affirmation? It is a solemn declaration by the parent regarding the provided information.

Keep in mind: the regulations are entitled: Rules for Excuses from Compulsory Attendance for Home Education. Why then must we PROVE that an education will take place in order to receive an excuse from COMPULSORY ATTENDANCE?

If neither homeschoolers nor any of the other school options available must prove academics, even more puzzling is the notion that a child be required to sit in a school while a superintendent "approves" the parent's notification. Think about this: A child who sits in school - takes up space, time, effort, manpower, money - all the while knowing s/he will not be attending there. What kind of effort do you think that child will expend? How much "education" will that child receive?

AND...while sitting idly in this school -this compelled attendance does not guarantee education - in fact, it actually interferes with the child's education - keeping him away from the source of his education -his home and parent/s.

So, why the threat of truancy? It is not to ensure an education for the child. The superintendent has already fulfilled his job requirement of knowing where the child is being educated. If required information is missing, a parent can simply provide that information when informed in writing by the superintendent that he needs to do so. It makes no sense to take a child away from his education, which is taking place in his home, while the parent completes the process.

REMEMBER: home education is a legal and equal educational option in Ohio. That means that it cannot be treated differently from other options; therefore, one could ask: If your child was attending Washington Elementary and decided to attend St. Mary's, would she be required to sit at Washington Elementary until such time as the superintendent "approved" the transfer? NO! Neither the other way around. So why would a homeschooler be required to do so? Might this be considered a special privilege or immunity given to the other educational options in Ohio NOT given to home educators? Could it be that home educators are not being treated equally? Such actions are strictly prohibited by the Ohio Constitution.

The purpose section of the regulations wherein the specific intention of these regulations is clearly stated - no equivocation or room for misunderstanding: "... to safeguard the primary right of parents to provide the education for their child(ren). ..." The PRIMARY right of parent(s) - not the school district or the superintendent - but the PARENT. (OAC 3301-34-02)

And...guess what? These are YOUR children - not the state's; the superintendent has obligations, yes; but they are limited and specific and set by statute. And, you have rights and responsibilities. Comply as required and you are entitled by these regulations -which have the force of law - to home educate, without prejudice. Pursuing home educators, who have appropriately complied, with threats of truancy is prejudicial.

So...ask yourself -what's truancy about with home educators?

Education? No.

Attendance? No.

Legitimacy? No.

Responsibility? No.

What then?

Ignorance... ?

Misunderstanding...?

Prejudice ?

Harassment...?

What can you do? Okay...you could contact an attorney and have him write a letter on your behalf to the school district. Personally, this would not be my first choice. If we consider that we have chosen home education because we believe that we can best provide our children with their education, it only makes sense to take the next step and protect our homeschooling rights ourselves. What can be more important than maintaining the freedoms to be thus involved in our children's lives?

Before you resort to an attorney, first consider contacting the school district or your local school board yourself and communicating with them - providing them with a face of homeschooling that they may not have considered. Homeschoolers are real people who are educated about their rights and responsibilities; they are reasonable, calm and thoughtful; they are not militant or aggressive, but educated and involved. Might this education process be one that aids your homeschooling community - even if only to get the district thinking about the things discussed here.

And...there's always the local school board. Putting a real face on homeschooling - courteous, respectful, well-reasoned, thoughtful and concerned. School districts constantly complain about the lack of funds, yet now they are spending precious taxpayer dollars - diverting staff, effort, $$$, from legitimate issues facing a district to pursue a homeschooler choosing a legal and educational option? Might this be of concern to you both as a home educator and a taxpaying citizen?

Gather those in your homeschooling community and speak with them about this issue and strategies that you might employ cooperatively to educate both your community and your school district officials. Spread the word.

If you have not read the article on truancy - on this website under Challenges-What to Do...you might choose to do so.

Also...check out the notification fact sheet and the Legal Opinion and Addendum Fact Sheets - which addresses the equal treatment issue- on the OHEC website: http://grafixbynix.com/OHEC/

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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.

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Be advised that the home education regulations - OAC 3301-34 - Rules for Excuses from Compulsory Attendance for Home Education - contain NO start date. It has been long-standing, statewide practice and advice of the Ohio Department of Education that home education notification should be made to school district of residence on/by Day One of the district's new fall session. (If the word "local" appears in your district’s name; you must notify your county superintendent of education.)

Furthermore, the provision by a specified date is unrealistic, given the ebb and flow of family life and decision-making. Families may be vacationing and unavailable to provide the information on the date requested; or they may not have made a decision to home educate by a specified date; or they may not have their assessment information available yet. There is no school in session during the summer months; children are not "truant" and the superintendent’s burden with respect to compulsory attendance is not pertinent and, therefore, no reason for home educators to be required to comply with this district request for providing notification information by a date before the start of the new fall term (school year) except that it is convenient, and perhaps cost-effective, for the school system for them to do so.

Home education is a legal and equal educational option; families choosing other educational alternatives are not required to report these to the superintendent, for example, by August 1st. Consider that the only reason for this early reporting is to make it more convenient and cost-effective for the school district to make enrollment and employment decisions for the schools in the system. This is laudable on the part of the district, but it should not burden the home educator. And, since districts mistakenly believe they have an approval function to perform with respect to home education, they believe that it will be time-consuming and do not wish to divert district resources to processing home education excuses during the "busy" time of a new session. If they understood the notification process is clerical, they would not need notifications in their office by a certain date in order to have time to "review," etc. It would be a simple administrative checkoff procedure with a signature by the superintendent if all the required data was supplied. If any required information is missing, it can certainly be supplied by the parent within the time frame provided in the regulations without any burden to the school district (OAC 3301-34-03(C)(2) ).

For a discussion that notification is not an "approval" process but rather a clerical, administrative procedure, please review the discussion on Use of "Approval, Request, Permission, Application" on this website in the CHALLENGES section.

Read the discussion of the notification process in the Notification Fact Sheet