Ohio Education Code for Homeschooling
Act 169 of 1988
This is not intended to be legal advice and is distributed
for information purposes only. Check for updates at your public
library.
Compulsory
attendance - Between 6 and 18 years of age.
- Proper notification must be given to the superintendent each
school year.
- Parents require to have high school diploma, GED
or proof of equivalency.
- Nine hundred (900) hours
of home education must be provided each year including language,
reading,
spelling,
writing,
geography, history
of the United States and Ohio, national, state and local
government, mathematics,
science, health,
physical education, fine
arts including music,
first aid, safety and fire
prevention.
- An academic assessment report of the child must be sent to
the superintendent annually. This report can be the results of
a nationally normed, standardized
test or it can be a written narrative indicating that a portfolio of the child's
work has been reviewed by a certified teacher.
Ohio State Board of Education
Chapter
3301-34
Rules For Excuses From Compulsory Attendance For Home Education
Rules
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 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
divisions (a) (2) of section 3321.O4 of the revised code which
child is of compulsory school age and is not enrolled in a nonpublic
school.
(C) "Parent" means a parent, guardian or
other person having charge or care of a child as defined by section
3321.01 of the revised code.
(D) "School district of residence" means
the public school district within which the parent resides.
(E) "Superintendent" means the superintendent
of schools of the city, county, or exempted village school district
in which the parent resides.
3301-34-02 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.
3301-34-03 Notification
 Notification
Form
 Notification
Form
(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 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.
(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 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 not withstanding the
fact that the parent has complied with the provisions of this
rule, if the superintendent has substantial evidence that the
minimum educational requirements 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 333`.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 qualification 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 parents(s), forward to the new district of residence
a copy of the information supplied and related documents.
(G) At the request of a 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.
3301-34-04 Academic Assessment
(A) The parent(s) shall send to the superintendent an academic
assessment report of the child for the previous school year at
the time of supplying subsequent notification.
(B) The academic assessment report shall include one of the
following:
(1) results of a nationally normed, standardized achievement
test which meets the requirements set forth in rule 3301-12-02
of the administrative code.
(a) such test shall be administered by:
(i) a 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 for the payment of
fees charged for preparation of the narrative.
(3) an alternative academic assessment of the child's proficiency
mutually agreed upon by the parent and the superintendent.
(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 the 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).
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:
(1) A written narrative evaluating the child's progress, including
an explanation if the child has made less than satisfactory progress
in any subject; and
(2) An explanation if less than the intended curriculum planned
for the quarter was covered.
(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 3301-04-03 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.
3301-34-06 Placement
in School
The school district of residence shall enroll or re-enroll
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).
Other Resources for this Code
 Copy
in Acrobat format for easy printing
Ohio Regulations
The relevant section of the Ohio Revised Code is section 3321.04
which specifies that a child may be excused from compulsory attendance
for a number of reasons, one of which is that they are being
instructed at home. CHESCA.
What
are the legal requirements for homeschooling?
In Ohio, homeschooling is regulated by the Ohio Administrative
Code (OAC), Chapter 3301-34. O-HEN. (Scroll down to see contents
of this page.)
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