Pennsylvania 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 or online at Home
Education Reference Documents from the PDE. (This link
also provides information on being or hiring a tutor.)
Sponsored Links
Compulsory attendance - Between 8 and 17
years of age.
For the purposes of this section, "properly qualified
private tutor" shall mean a person who is certified by the
Commonwealth of Pennsylvania to teach in the public schools of
Pennsylvania; who is teaching one or more children who are members
of a single family; who provides the majority of the instruction
to such child or children; and who is receiving a fee or other
consideration for such instructional services. No person who
would be disqualified from school employment by the provisions
of subsection (e) of section 111 may be a private tutor, as provided
for in this section. The private tutor may file a copy of his
Pennsylvania certification and the required criminal history
record with the student's district of residence superintendent.
(d) Instruction to children of compulsory school age provided
in a home education program, as provided for in section 1327.1
of this act, shall be considered as complying with the provisions
of this section, except that any student who has been identified
pursuant to the provisions of the Education of the Handicapped
Act (Public Law 91-230 U.S.C. # 1401 et. seq.) as needing special
education services, excluding those students identified as gifted
and/or talented, shall be in compliance with the requirements
of compulsory attendance by participating in a home education
program, as defined in Section 1327.1, when the program addresses
the specific needs of the exceptional student and is approved
by a teacher with a valid certificate from the Commonwealth to
teach special education or a licensed clinical or certified school
psychologist, and written notification of such approval is submitted
with the notarized affidavit required under Section 1327.1 (b).
The supervisor of a home education program may request that the
school district or intermediate district of residence provide
services that address the specific needs of the exceptional student
in the home education program. When the provision of services
is agreed to by both the supervisor and the school district or
intermediate unit, all services shall be provided in the public
schools or in a private school licensed to provide such programs
and services.
Section 1327.1 Home Education Program.
(a) The following words and phrases when used in this section
shall have the meanings given to them in this subsection:
"Appropriate education" shall mean a program consisting
of instruction in the required subjects for the time required
in this act and in which the student demonstrates sustained progress
in the overall program.
"Hearing examiner" shall not be an officer, employee
or agent of the Department of Education or of the school district
or intermediate unit of residence of the child in the home education
program.
"Home education program" shall mean a program conducted
in compliance with this section, by the parent or guardian or
such person having legal custody of the child or children.
"Supervisor" shall mean the parent or guardian or
such person having legal custody of the child or children who
shall be responsible for the provision of instruction, provided
that such person has a high school diploma or its equivalent.
(b) The requirements contained in sections 1511, 1511.1, except
as provided for in this section, and section 1605 shall not apply
to home education programs. A home education program shall not
be considered a nonpublic school under the provisions of this
act.
(1) A notarized affidavit of the parent or guardian or other
person having legal custody of the child or children, filed prior
to the commencement of the home education program and annually
thereafter on August 1 with the superintendent of the school
district of residence and which sets forth: the name of the supervisor
of the home education program who shall be responsible for the
provision of instruction; the name and age of each child who
shall participate in the home education program; the address
and telephone number of the home education program site; that
such subjects as required by law are offered in the English language,
including an outline of proposed education objectives by subject
area; evidence that the child has been immunized in accordance
with the provisions of section 1303(a) and has received the health
and medical services required for students of the child's age
or grade level in Article XIV; and that the home education program
shall comply with the provisions of this section and that the
notarized affidavit shall be satisfactory evidence thereof. The
required outline of proposed educational objectives shall not
be utilized by the superintendent in determining if the home
education program is out of compliance with this section and
section 1327. The affidavit shall contain a certification to
be signed by the supervisor that the supervisor, all adults living
in the home and persons having legal custody of a child or children
in a home education program have not been convicted of the criminal
offenses enumerated in subsection (e) of section 111 within five
years immediately preceding the date of the affidavit.
(2) In the event the home education program site is relocating
to another school district within the Commonwealth during the
course of the public school term or prior to the opening of the
public school term in the fall, the supervisor of the home education
program must apply, by registered mail, thirty (30) days prior
to the relocation, to the superintendent of the district in which
he or she currently resides, requesting a letter of transfer
for the home education program to the district to which the home
education program is relocating. The current superintendent of
residence must issue the letter of transfer thirty (30) days
after receipt of the registered mail request of the home education
program supervisor.
(i) If the home education program is not in compliance with
the provisions of this section, the superintendent of the current
district of residence must inform the home education supervisor
and the superintendent of the district to which the home education
program is relocating the status of the home education program
and the reason for the denial of the letter of transfer.
(ii) If the home education program is in hearing procedures,
as contained in this section, the superintendent of the current
district of residence must inform the home education supervisor,
the assigned hearing examiner, and the superintendent of the
district to which the home education program is relocating the
status of the home education program and the reason for the denial
of the letter of transfer.
(3) The letter of transfer, required by clause (2), must be
filed by the supervisor of the home education program with the
superintendent of the new district of residence. In the case
of pending proceedings, the new district of residence superintendent
shall continue the home education program until the appeal process
is finalized.
(c) A child who is enrolled in a home education program and
whose education is therefore under the direct supervision of
his parent, guardian or other person having legal custody shall
be deemed to have met the requirements of section 1327 if that
home education program provides a minimum of one hundred eighty
(180) days of instruction or nine hundred (900) hours of instruction
per year at the elementary level, or nine hundred ninety (990)
hours per year at the secondary level:
(1) At the elementary school level, the following courses
shall be taught: English, to include spelling, reading and writing;
arithmetic; science, geography, history of the United States
and Pennsylvania; civics; safety education, including continuous
instruction in the dangers and prevention of fires; health and
physiology; physical education; music;
and art.
(2) At the secondary school level, the following courses shall
be taught: English, to include language, literature, speech and
composition; science; geography; social studies, to include civics,
world history, history of the United States and Pennsylvania;
mathematics, to include general mathematics, algebra and geometry;
art; music; physical education; health; and safety education,
including regular and continuous instruction in the dangers and
prevention of fires. Such courses of study may include, at the
discretion of the supervisor of the home education program, economics,
biology, chemistry, foreign languages, trigonometry or other
age appropriate courses as contained in Chapter 5 (Curriculum
Requirements) of the State Board of Education.
(d) The following minimum courses in grades nine through twelve
are established as a requirement for graduation in a home education
program:
(1) Four years of English.
(2) Three years of mathematics.
(3) Three years of science.
(4) Three years of social studies.
(5) Two years of arts and humanities.
(e) In order to demonstrate that appropriate education is
occurring, the supervisor of the home education program shall
provide and maintain on file the following documentation for
each student enrolled in the home education program:
(1) A portfolio of records and materials. The portfolio shall
consist of a log, made contemporaneously with the instruction,
which designates by title the reading materials used, samples
of any writings, worksheets, workbooks or creative materials
used or developed by the student and in grades three, five, and
eight results of nationally normed standardized achievement tests
in reading/language arts and mathematics or the results of statewide
tests administered in these grade levels. The Department shall
establish a list, with a minimum of five tests, of nationally
normed standardized tests from which the supervisor of the home
education program shall select a test to be administered if the
supervisor does not choose the statewide tests. At the discretion
of the supervisor, the portfolio may include the results of nationally
normed standardized achievement tests for other subject areas
or grade levels. The supervisor shall insure that the nationally
normed standardized tests or the statewide tests shall not be
administered by the child's parent or guardian.
(i) A teacher or administrator who evaluates a portfolio at
the elementary level (grades kindergarten through six) shall
have at least two years of experience in grading any of the following
subjects: English, to include spelling, reading and writing;
arithmetic; science; geography; history of the United States
and Pennsylvania; and civics.
(ii) A teacher or administrator who evaluates a portfolio
at the secondary level (grades seven through twelve) shall have
at least two years of experience in grading any of the following
subjects: English, to include language, literature, speech, reading
and composition; science, to include biology, chemistry and physics;
geography; social studies, to include economics, civics, world
history, history of the United States and Pennsylvania, foreign
language; and mathematics, to include general mathematics, algebra,
trigonometry, calculus and geometry.
(iii) As used in this clause, the term "grading"
shall mean evaluation of classwork, homework, quizzes, classwork-based
tests and prepared tests related to classwork subject matter.
(2) An annual written evaluation of the student's educational
progress as determined by a licensed clinical or school psychologist
or a teacher certified by the Commonwealth of Pennsylvania or
by a nonpublic school teacher or administrator. Any such nonpublic
teacher or administrator shall have at least two years of teaching
experience in a Pennsylvania public or nonpublic school within
the last ten years. Such nonpublic teacher or administrator shall
have the required experience at the elementary level to evaluate
elementary students or at the secondary level to evaluate secondary
students. The certified teacher shall have experience at the
elementary level to evaluate elementary students or at the secondary
level to evaluate secondary students. The evaluation shall also
be based on an interview of the child and a review of the portfolio
required in clause (1) and shall certify whether or not an appropriate
education is occurring. At the request of the supervisor, persons
with other qualifications may conduct the evaluation with the
prior consent of the district of residence superintendent. In
no event shall the evaluator be the supervisor or their spouse.
(f) The school district of residence shall, at the request
of the supervisor, lend to the home education program copies
of the school district's planned courses, textbooks and other
curriculum materials appropriate to the student's age and grade
level.
(g) When documentation is required by this section to be submitted
to the district of residence superintendent or the hearing examiner,
the superintendent or the hearing examiner shall return, upon
completion of his review, all such documentation to the supervisor
of the home education program. The superintendent or hearing
examiner may photocopy all or portions of the documentation for
his files.
(h) Such documentation required by subsection (e) (1) and
(2) shall be provided to the public school district of residence
superintendent at the conclusion of each public school year.
In addition, if the superintendent has a reasonable belief that,
at any time during the school year, appropriate education may
not be occurring in the home education program, he may, by certified
mail, return receipt requested, require documentation pertaining
to the portfolio of records and materials required by subsection
(e) (1) to be submitted to the district within fifteen (15) days;
and pertaining to subsection (e) (2) to be submitted to the district
within thirty (30) days. If the tests as required in subsection
(e) (1) have not been administered at the time of the receipt
of the certified letter by the supervisor, the supervisor shall
submit the other required documentation and shall submit the
test results with the documentation at the conclusion of the
school year.
(i) If the superintendent of the public school district determines,
based on the documentation provided, at the end of or during
the school year, that appropriate education is not taking place
for the child in the home education program, the superintendent
shall send a letter by certified mail, return receipt requested,
to the supervisor of the home education program stating that
in his opinion appropriate education is not taking place for
the child in the home education program, and shall return all
documentation specifying what aspect or aspects of the documentation
is inadequate.
(j) Upon receipt of the certified letter required by clause
(i), the supervisor of the home education program shall have
twenty (20) days to submit additional documentation demonstrating
that appropriate education is taking place in the home education
program. If documentation is not submitted within that time,
the home education program shall be out of compliance with the
requirements of this section and section 1327, and the student
shall be promptly enrolled in the public school district of residence
or a nonpublic school or a licensed private academic school.
(k) If the superintendent determines that the additional documentation
submitted still does not demonstrate that appropriate education
is taking place in the home education program, he shall so notify
the supervisor of the home education program by certified mail,
return receipt requested, and the board of school directors shall
provide for a proper hearing by a duly qualified and impartial
hearing examiner within (30) days. The examiner shall render
a decision within fifteen (15) days of the hearing except that
he may require the establishment of a remedial education plan
mutually agreed to by the superintendent and supervisor of the
home education program which shall continue the home education
program. The decision of the examiner may be appealed by either
the supervisor of the home education program or the superintendent
to the Secretary of Education or Commonwealth Court.
(l) If the hearing examiner finds that the documentation does
not indicate that appropriate education is taking place in the
home education program, the home education program for the child
shall be out of compliance with the requirements of this section
and section 1327, and the student shall be promptly enrolled
in the public school district of residence or a nonpublic school
or a licensed private academic school.
(m) At such time as a child's home education program has been
determined to be out of compliance with the provisions of this
section and section 1327, the supervisor or spouse of the supervisor
of the home education program shall not be eligible to supervise
a home education program for that child, as provided for in (b)
(1) of this section, for a period of twelve (12) months from
the date of such determination.
(3) A supervisor conducting a home education program for the
1988-1989 school year that has been considered acceptable by
the district superintendent for meeting the requirements of compulsory
attendance shall not be affected by the provisions of this amendatory
act until the conclusion of the 1988-1989 school year.
(4) This act shall take effect immediately.
Private Tutoring
If you or your spouse is a PA credentialed teacher, you may
qualify to homeschool as a private tutor.
Private
Tutoring Law Pennsylvania state statute regarding
the private tutoring option for compulsory attendance
Regular daily instruction in the English language, for the
time herein required, by a properly qualified private tutor,
shall be considered as complying with the provisions of this
section. For the purposes of this section, "properly qualified
private tutor" shall mean a person who is certified by the
Commonwealth of Pennsylvania to teach in the public schools of
Pennsylvania; who is teaching one or more children who are members
of a single family; who provides the majority of the instruction
to such child or children; and who is receiving a fee or other
consideration for such instructional services.
Private
Tutoring Regulations Requirements of the State
Board of Education regarding a private tutoring program
§ 11.31. Students not enrolled in public schools
due to private tutoring.
(a) Private tutoring requirements.
(1) The instruction of students
not enrolled in public schools due to private tutoring by a qualified
tutor under section 1327 of the Public School Code of 1949 (24
P. S. § 13-1327) must include for elementary
school level students: English, including spelling, reading and
writing; arithmetic; geography; the history of the United States
and Pennsylvania; science; civics, including loyalty to the State
and National government; safety education, including regular
and continuous instruction in the dangers and prevention of fires;
health, including physical education and physiology; music; and
art.
(2) For secondary school level
students, the instruction must include: art; English; health;
mathematics; music; physical education; science; and social studies,
including civics, world history, United States and Pennsylvania
history.
(3) The instruction may include,
at the discretion of the tutor, economics, biology, chemistry,
foreign languages, trigonometry or other age appropriate planned
instruction as contained in Chapter 4 (relating to academic standards
and assessment).
(4) The instruction must be given
during the school year for a minimum of 180 days of instruction
or for a minimum of 900 hours of instruction for an elementary
level student and a minimum of 990 hours of instruction for a
secondary level student as the equivalent of 180 days of instruction.
(b) Documentation regarding private tutoring.
(1) School district approval
is not required to commence private tutoring.
(2) The parent shall provide
written assurance that the instructional requirements listed
in this section have been met.
(3) When a superintendent receives
a complaint that a student is not being provided instruction
for the time prescribed or that a student is not making satisfactory
progress in the tutoring program, the superintendent may request
evidence of student academic progress and documentation that
instruction is provided for the required number of days and hours.
(4) Evidence of satisfactory
progress may include samples of student work, assessments, progress
reports, report cards and evaluations.
(5) Documentation of instructional
time may include logs maintained by the tutor or parent, attendance
records or other records indicating the dates and time instruction
was provided.
Other Resources for this Law
PHEN- Pennsylvania
home education law
Please read the law for yourself. Informed people are empowered
people. Yes, it's difficult to read and it seems as if it's written
in a foreign language (in a way it is). But it is important to
do, and once you start reading it will begin to make sense. Available
in 3 formats.
Associations | Demographics
| Events |
Field Trips | Laws | Legal
Information | Online
| Publications
| Resources
| Support Groups
| Support
Group Lists
|