OT--Homeschooling laws by state

disneymom3

<font color=green> I think I could adjust!! <br><f
Joined
Mar 11, 2002
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Hi there,
We have often considering moving from the cold state of MN but I always find myself wondering what the laws are like. Now, I know that I could look them all up online, but I want more of a personal account and I know we have a lot of homeschoolers on here. Besides I think it is just interesting to see what diff states require.

I will start--I live in MN. We are required to report what our child is doing to the local superintendent by Oct 1 of each year between the ages of 7 and 16. We simply fill out a form that states we will be homeschooling. If you, as the parent have a 4 year degree, you also have to agree to test annually with a norm referenced, standardized tests, but the type of test, location and timing of that test is up to you and the results of the test are private. If you do not have a 4 year degree you also have to turn in quarterly report cards to the district you live in. The form asks for the school year dates--when it starts, when it ends--and you are required to cover the basic topics and will have to provide proof of how you do that if you are ever called by the district. I have not heard of anyone being called in ages and even way back, there were reports of families who brought in their library cards and said,"This is pretty much the framework." We are apparently moderately strict in our homeschooling laws, but I have always found our personal district to be more than helpful and easy going.

What about you?
 
I'm in Texas which has the most relaxed homeschooling laws of any state.

We do NOT have to report anything to anybody NEVER EVER and no tests whatsoever - I did have to write a letter to the school district when I decided to homeschool DS at the end of his Kindergarten year so they would know he was not coming back and tell them what curriculum I would be using and that was it.

I do however keep all his work in big binders and I have a grade log in Excel which I print out at the end of each year and put with all his work just in case.............

I use a combination of things to teach with - miscellaneous workbooks for his grade from Walmart, etc. along with books and workbooks from Harcourt School Publishers.
 
I am in Texas and someone beat me to posting about our state. My DD is 2 and from what I have read I will not have to tell the school district where in anything as she will proablly never attend it.
 
I am in Kansas and all we have to do is to register 1 time as a non-accredited private institution and thats it. The cost of living here is great!! And...it's only cold in the winter! Lots of homeschool resources too. We are in the middle of everything, so field trips are a plenty!!
 

Go to www.hslda.com . They have links to all states and you can find what the specific laws are pertaining to your state. (i.e. what the legal mumbo jumbo is :)).

In Florida--attendance is compulsory when student has--"attained the age of 6 years by February 1 . . . but have not attained the age of 16 years". You have to send in a letter of intent within 30 days of establishing a homeschool program. You do not have to keep sending a letter from what I understand.

You must maintain a portfolio of their work including keeping a book list (i.e write down any book used in the homeschool).

I believe at 3rd grade is when the testing begins. You can either have your child tested and submit the results to the school board, or you can have their portfolio by a certified teacher (very easy to find one of these in our homeschooling community anyway).

There are no "attendance" requirements. So no need to log classroom hours or school days.

After age 16--you do not need to document anymore as school attendance is no longer compulsory.
 
We in Indiana are blessed to have laws that allow us to home educate our children. The law requires that our children be in school from 7-17 years of age and that they attend school for 180 days each year. It is highly recommended that you join the Home School Legal Defense Association. Legal problems in Indiana are infrequent, but membership in HSLDA insures proper legal counsel if necessary.


Compulsory Attendance Ages: "Earlier of the date on which the child officially enrolls in a school or reaches the age of 7 until the date on which he reaches the age of 18." West's Annotated Indiana Code Sec. 20-8.1-3-17.

Required Days of Instruction: "for the number of days public schools are in session in the school corporation in which the child is enrolled in Indiana," or "if the child is enrolled outside Indiana, for the number of days the public schools are in session where the child is enrolled." Generally, 180 days.

Required Subjects: "Instruction equivalent to that given in the public schools," Ind. Code Ann. Sec. 20-8.1-3-34. "A school that is nonpublic, non-accredited, and not otherwise approved by the Indiana State Board of Education is not bound by any requirements set forth in IC 20 or IC 21 with regard to curriculum or the content of educational programs offered by the school." (Sec. 20-8.1-3-17.3)

Home School Statutes: None

Alternative Statutes Allowing for Home Schools: Ind. Code Ann. Sec. 20-8.1-3-17. A child may attend "some other school which is taught in the English language."

1. The child must be "provided with instruction equivalent to that given in public schools." Sec. 20-8.1-3-34. The State Board of Education is not given the authority to define "equivalent instruction" nor to approve home schools. However, Sec. 20.8.1-3-17.3 (see above) has removed all subject requirements, leaving home schools with no mandatory subjects.

2. The Indiana Appellate Court held that the Indiana compulsory attendance law allows the operation of home schools. State v. Peterman, 32 Ind. App. 665, 70 N.E. 550 (1904). Essentially, the court said a school at home is a private school.

The court defined a school as "a place where instruction is imparted to the young . . . . We do not think that the number of persons, whether one or many, make a place where instruction is imparted any less or any more a school." Peterman, 70 NE at 551. The court explained further: "Under a law very similar to ours, the Supreme Court of Massachusetts has held that the object and purpose of a compulsory educational law are that all the children shall be educated, not that they shall be educated in any particular way." Peterman, at 551.

The court concluded: "The result to be obtained, and not the means or manner of attaining it, was the goal which the lawmakers were attempting to reach. The law (compulsory attendance) was made for the parent who does not educate his child, and not for the parent who . . . . so places within the reach of the child the opportunity and means of acquiring an education equal to that obtainable in the public schools . . . ." Peterman, at 552.

3. In Mazanec v. North Judson-San Pierre School Corporation, 614 F. Supp. 1152 (N.D. Ind. 1985), (aff'd by 798 F.2d 230), a federal district court recognized that parents have the constitutional right to educate their children in a home environment (at page 1160). The court wrote concerning the qualifications of home school parents that, "it is now doubtful that the requirements of a formally licensed or certified teacher . . . . would pass constitutional muster." (at p. 1160). On appeal, the circuit court ruled that a school corporation is not immune from a 1983 action for improper enforcement of compulsory attendance.

4. Parents must keep attendance records. Ind. Code Ann. Sec. 20-8.1-3-23 to 24. "Solely to verify the enrollment and attendance of a particular child upon request of the state superintendent . . . .or the superintendent of the school corporation in which the private school is located."

5. A private school administrator shall furnish, on request of the state superintendent of public instruction, the number of children by grade level attending the school. Sec. 20-8.1-3-24.

Teacher Qualifications: None

Standardized Tests: Not required by statute.
 












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