State of  Homeschooling Regulations
(Note: This
information is provided for information only. You may obtain a copy of the
actual regulations from your superintendent or from the Ohio Department of
Education.)
3301-34 Department
of Education
Ohio Administrative Code, Chapter 3301-34
Excuses from Compulsory Attendance for Home Education
Promulgated pursuant to Ohio Revised Code, Chapter 119
3301-34-01
Definitions
3301-34-02
Statement of purpose
3301-34-03
Notification
3301-34-04
Academic Assessment
3301-34-05
Remediation
3301-34-06
Placement in school
3301-34-01
Definitions
The following terms are defined
as they are used in this chapter.
(A)
"Certified teacher" means a person who holds a valid Ohio teaching
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 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.
HISTORY: Eff. 8-1-89
Rule promulgated under: RC Chapter 119.
Rule authorized by: RC 3321.04
Rule amplifies: RC 3321.04
119.032 Review Date: 2-26-99
3301-34-02
Statement of purpose
The purpose of the rules in 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 law.
HISTORY: Eff. 8-1-89
Rule promulgated under: RC Chapter 119.
Rule authorized by: RC 3321.04
Rule amplifies: RC 3321.04
119.032 Review Date: 2-26-99
3301-34-03
Notification
(A)
A parent who elects to provide home education shall supply the following
information to the superintendent:
(1)
School year for which notification is made;
(2)
Name of parent, address, and telephone number (telephone number optional);
(3)
Name, address, and telephone number (telephone number optional)
of person(s) who will be teaching the child the subjects set forth
in paragraph (A) (5) of this rule, if other than the parent;
(4)
Full name and birth date of child to be educated at home;
(5)
Assurance that home education will include the following, except that home
education shall not be required to include any concept, topic, or practice
that is in conflict with the sincerely held religious beliefs of the parent;
(a)
Language, reading, spelling, and writing;
(b) Geography,
history of the United States and Ohio; and national, state, and local
government;
(c) Mathematics;
(d) Science;
(e) Health;
(f) Physical
education;
(g) Fine arts,
including music; and
(h) First aid,
safety, and fire prevention.
(6)
Brief outline of the intended curriculum for the current year. Such outline
is for informational purposes only.
(7) List
of textbooks, correspondence courses, commercial curricula, or other basic
teaching materials that the parent intends to use for home education. Such
list is for informational purposes only.
(8)
Assurance that the child will be provided a minimum of nine hundred hours of
home education each school year.
(9)
Assurance that the home teacher has one of the following qualifications:
(a)
A high school diploma; or
(b) The certificate
of high school equivalence; or
(c) Standardized
test scores that demonstrate
high school equivalence; or
(d) Other
equivalent credential found appropriate
by the superintendent; or
(e) Lacking the
above, the home teacher must work under the direction of a person
holding a baccalaureate degree from a recognized college until the
child's or children's test results demonstrate reasonable proficiency or
until the home teacher obtains a high school diploma or the certificate
of high school equivalence.
(10)
The parent(s) shall affirm the information supplied with his or her
signature prior to providing it to the superintendent.
(B)
The information required in paragraph (A) of this rule may be provided on a form
prescribed by the superintendent of public instruction.
(C) The superintendent
shall review the information submitted within fourteen calendar days of receipt
thereof and shall determine if it is in compliance with the provisions of
paragraph (A) of this rule.
(1)
If the superintendent, upon review of the information, determines that it is
in compliance with all requirements set forth in paragraph (A) 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.
(2) If the
superintendent, upon review of the information, determines that it is not in
compliance with all of the requirements set forth in paragraph (A) of this
rule, the superintendent shall state in writing the specific respects in
which the information is incomplete. The superintendent shall provide the
parent an option within fourteen calendar days to:
(a)
Supply additional information in writing, or
(b) Arrange a
conference at which the requested information can be supplied.
(D)
If the additional information supplied either in writing or in conference is not
in accordance with the requirements set forth in paragraph (A) of this rule; or
notwithstanding the fact that the parent has complied with the provisions of
this rule, if the superintendent has substantial evidence that the minimum
educational requirement of paragraph (A) of this rule will not be met, the
superintendent shall declare his or her intent to deny the excuse.
(1) The
superintendent shall so notify the parent(s) in writing within fourteen
calendar days, stating
(a)
The reason(s) for the intent to deny the excuse, and
(b) The right to a
due process hearing before the superintendent on the reasons set forth.
(2)
If a due process hearing before the superintendent is held, the
superintendent shall be responsible for providing a record of the
proceedings, including the oral testimony of witnesses and any documentary
evidence referred to in the hearing
(3)
based on the evidence presented at the hearing the superintendent may grant
or deny an excuse from attendance. If the excuse from attendance is denied,
the superintendent shall notify the parent(s)
(a)
That the parent(s) has the right to appeal the superintendent's decision
to the juvenile judge of the county, within ten calendar days, in
accordance with section 3331.08 of the Revised Code; and
(b)
That the parent(s) may be in violation of sections 3321.03 and 3321.04
of the Revised Code.
(E)
The superintendent shall file in his office a copy of the information supplied;
a copy of the excuse, if any; papers showing how the qualifications of the
person instructing the child was determined; and all other documents relating to
the information and the actions thereon.
(F)
Upon transfer from a district in which the child has been excused from
compulsory school attendance for the purpose of home education, the last
district of residence shall, upon the request of the parent(s), forward to the
new district of residence a copy of the information supplied and related
documents.
(G)
At the request of the parent, a child who has been excused from compulsory
school attendance for the purpose of home education may be enrolled in a
chartered public school in the school district of residence as determined under
section 3313.64 of the Revised Code on a part-time basis.
(H)
Upon substantial evidence of cessation of home education in accordance with this
chapter, the superintendent shall notify the parent(s) of the intent to revoke
the excuse from attendance and the parent's right to a due process hearing
pursuant to paragraph (D) of this rule. If, after the due process hearing, the
excuse is withdrawn the superintendent shall notify the parent(s) in writing to
enroll the child in a school that is in compliance with Chapter 3301-35 of the
Administrative Code. The superintendent shall also notify the parent(s) in
writing that the parent(s) has the right to appeal the superintendent's decision
to the juvenile judge of the county, within ten calendar days, in accordance
with section 3331.08 of the Revised Code.
HISTORY: Eff. 8-1-89
Rule promulgated under: RC Chapter 119.
Rule authorized by: RC 3321.04
Rule amplifies: RC 3321.04
119.032 Review Date: 2-26-99
3301-34-04
Academic Assessment
(A)
The parent(s) shall send to the superintendent an academic assessment report of
the child of 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
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 certified teacher; or
(ii)
Other person mutually agreed upon by the parent(s) and the
superintendent.
(b)
The parent(s) shall be responsible of 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.
(C)
If the parent(s) chooses to have the standardized testing conducted as part of
the school district scheduled testing program, there shall be no cost to the
parent(s). The time and location for testing shall be established by the school
district.
(D)
If parent(s) chooses to have the standardized testing conducted privately, the
parent(s) shall pay for the testing. The time and location for testing shall be
established by the parent(s).
HISTORY: Eff. 8-1-89
Rule promulgated under: RC Chapter 119.
Rule authorized by: RC 3321.04
Rule amplifies: RC 3321.04
119.032 Review Date: 2-26-99
3301-34-05
Remediation
(A)
If the annual academic assessment indicates that the child is not demonstrating
reasonable proficiency, the superintendent shall notify the parent(s) in writing
that an appropriate plan of remediation shall be submitted by the parent(s) to
the superintendent within thirty days after receipt of such notification.
(B)
During remediation, the parent(s) shall submit a quarterly report to the
superintendent which includes:
(C) Remediation
may be eliminated at any time during the year upon determination by the
superintendent that the child is demonstrating reasonable proficiency. At the
time of such determination, the superintendent shall notify the parent(s) in
writing that remediation is no longer needed.
(D)
If the child does not demonstrate reasonable progress during remediation, the
superintendent may, subsequent to a due process hearing, under paragraph (D) of
rule 3301-34-03 of the Administrative Code, if requested by the parent, revoke
the child's excuse from attendance and notify the parent(s) in writing to enroll
the child within thirty calendar days in a school that is in compliance with
Chapter 3301-35 of the Administrative Code. The superintendent shall also notify
the parent(s) in writing that the parent(s) have the right to appeal the
superintendent's decision to the juvenile judge of the county, within ten
calendar days, in accordance with section 3331.08 of the Revised code.
HISTORY: Eff. 8-1-89
Rule promulgated under: RC Chapter 119.
Rule authorized by: RC 3321.04
Rule amplifies: RC 3321.04
119.032 Review Date: 2-26-99
3301-34-06
Placement in school
The school district of residence
shall enroll or reenroll a child who has been home educated without
discrimination or prejudice. The superintendent shall determine the appropriate
placement of such child in accordance with section 3319.01 of the Revised Code.
In making the placement decision, the superintendent shall consider:
(A)
The child's most recent annual academic assessment report,
(B)
Requiring the child to take any or all of the nationally normed,
standardized achievement tests that are regularly scheduled for district
pupils of similar age; and
(C)
Other evaluation information that may include interviews with the child
and/or parent(s).
HISTORY: Eff. 8-1-89
Rule promulgated under: RC Chapter 119.
Rule authorized by: RC 3321.04
Rule amplifies: RC 3321.04
119.032 Review Date: 2-26-99
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