The Home Education Law in Pennsylvania

Transcription

1 The Home Education Law in Pennsylvania A Guide from the York Home School Association, Inc. I have no greater joy than to hear that my children walk in truth. III John 4 Thirteenth Edition March 20, 2014

2 A Guide to the Home Education Law in Pennsylvania Table of Contents Page Introduction 1 The Pennsylvania Home Education Law 2 Equal Access for Home Educated Students 6 Religious Freedom Protection Act 7 Pennsylvania Department of Education Information 9 Home School Legal Defense Association Information 9 Complying With the PA Home Education Law 10 An Outline of the Home Educator s Year 11 Scheduling medical/dental services 12 Submitting an affidavit and objectives 13 Providing Instruction 15 Maintaining a Log 17 Maintaining a Portfolio 18 Having Your Child Tested 19 Obtaining a Written Evaluation 20 Submitting Your Portfolio 22 Due Process 23 APPENDICES: Map of York County School Districts York County School District Contacts Sample Affidavit Medical Exemption Letter Sample Objectives Elementary Secondary Pennsylvania Diploma Programs Privacy Notice SAT Student ID Form Sample Attendance Chart Sample Program Log Sample High School Transcript Financial Aid Information A B C D E F G H I J K L The information and advice contained in this Guide is the opinion of YHSA members who, based on their interpretation of the law and experience as homeschoolers, seek to clarify the requirements of the law for others interested in homeschooling their children in PA. This Guide is not intended to replace the law. Rather, it is incumbent upon everyone considering homeschooling to read and understand the law, and base his/her actions on his/her own interpretation of that law. YHSA is not liable for any action taken based on information contained in this Guide; consult a lawyer for legal advice. At the time of publication, the information in this Guide was correct and up- to- date to the best of our knowledge. YHSA is not responsible for any post-publication changes to the information contained herein. To help YHSA in updating future editions of this guide, please notify us of any corrections via the contact us link at our website,

3 Introduction This Guide is intended to provide clarity from home educators familiar with the law to newcomers to whom the law may seem confusing, as well as to veterans who may operate under assumptions about what the law requires. Unfortunately, the Pennsylvania Home Education law is so poorly written and is so vague in some areas as to allow for very different interpretations of what the law requires. This has resulted in disagreement not only between school districts and home educators, but also among home educators and home school advocates. That is why it is so important for every home educator to become thoroughly familiar with the law, so that his/her every decision about how to comply with the law is made in good conscience. In addition to knowing the law, potential home educators should consult with other home educators in their school district to find out what to expect when they themselves begin filing home schooling paperwork with the district. While some school districts take a hands-off approach to home educators in their districts, others attempt to micro-manage the home education programs that are by law the province of the home education supervisor (you!). Often this is due to misunderstanding on the part of school district personnel about what is required by the law but may also demonstrate lack of respect for or even overt hostility toward home schooling. Understanding the environment in which one will operate when dealing with his school district will aid the home school supervisor in making decisions about how to conduct his/her home education program under the law. While networking with each other can help home educators to avoid potential problems with their district, it can also alert them to trends in their district. Unfortunately many veteran home educators operate on assumptions and misinformation about the law, handed down from previous generations of home educators who felt compelled to submit to whatever demands their districts made in order to avoid problems. Such home educators may over-comply with the law that is, they may submit to school district demands with which they could legally decline to comply; and in doing so, they overburden themselves with unnecessary paperwork and stress. In such situations, a newcomer s input could provide veteran home educators with a fresh perspective and the encouragement needed to try a new approach to how they comply with the law. Ultimately, how you comply with the law is your decision. YHSA encourages every home educator to comply fully with the law but only to comply with the law. Do not be afraid to decline extra-legal demands of your school district that are not sanctioned by the law. You yourself may help to establish a trend that will relieve many home educators of the burden of over-compliance with the law. The following pages present first a general outline of the basic requirements of the Pennsylvania Home Education law throughout the school year, and then details about each requirement of the law. This Guide is not intended as legal advice; if you need legal advice, please consult with a lawyer. Samples of all forms mentioned in this section can be found in the appendices of this Guide. Page 1

4 Pennsylvania Home Education Law Private Tutoring Provision of the Pennsylvania School Code: [Note: PA certified teachers may home school their own children under this tutoring option if they meet the requirements listed in this section] 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. 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 must file a copy of his Pennsylvania certification and the required criminal history record with the student s district of residence superintendent. Home Education Provision of Act 169: d. Instruction to children of compulsory school age provided in a home education program, as provided for in section 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 U.S.C 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 , 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 (b). The supervisor of a home education program may request that the school district or intermediate unit 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. ((d) added Dec. 21, 1988, P.L. 1321, No. 169) (1327 amended Dec. 15, 1986, P.L. 1602, No. 178) Section 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, , 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, Page 2

5 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 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 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 regular and 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 Page 3

6 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. iii. 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. 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 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 are inadequate. Page 4

7 j. Upon receipt of the certified letter required by subsection (i), the supervisor of the home education program shall have twenty (20) days to submit additional documentation demonstrating that appropriate education is taking place for the child in the home education program. If documentation is not submitted within that time, 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. 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. Section 3. A supervisor conducting a home education program for the 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 school year. Section 4. This act shall take effect immediately. ( added Dec. 21, 1988, P.L. 1321, No. 169) Page 5

8 EQUAL ACCESS FOR HOME EDUCATED STUDENTS On November 10, 2005, Senate Bill 361 was signed into law giving home educated students equal access to all extra-curricular activities subject to the provisions of Section 511 of the Pa School Code. These activities include, but are not limited to: athletics, clubs, musical activities, drama productions, etc. Please read the law below so you are informed of the requirements public schools will enforce if your child wishes to participate in the local school district extra-curricular activities. The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows: Section 1. Section of the act of March 10, 1949 (P.L.30, No. 14), known as the Public School Code of 1949, is amended by adding a subsection to read: (F.1) (1) Beginning January 1, 2006, the school district of residence shall permit a child who is enrolled in a home education program to participate in any activity that is subject to the provisions of Section 511 including, but not limited to, clubs, musical ensembles, athletics and theatrical productions provided that the child: (I) (II) (III) meets the eligibility criteria, or their equivalent, for participation in the activity that apply to students enrolled in the school district; meets the try-out criteria, or their equivalent, for participation in the activity that apply to students enrolled in the school district; and complies with all policies, rules and regulations, or their equivalent, of the governing organization of the activity. (2) For the purposes of this subsection, the school district of residence s program of interscholastic athletics, including varsity sports, shall be considered an activity and shall include all activities related to competitive sports contests, games, events or exhibitions involving individual students or teams of students whenever such activities occur between schools within the school district or between schools outside of the school district. (3) Where the activity requires completion of a physical examination or medical test as a condition of participation and the school district of residence offers such physical examination or medical test to students enrolled in the school district, the school district shall permit a child who is enrolled in a home education program to access such physical examination or medical test. The school district shall publish the dates and times of such physical examination or medical test in a publication of general circulation in the school district and on its publicly accessible Internet website. (4) A board of school directors may adopt a policy to implement the requirements of this subsection. Such policy shall only apply to participation in activities and shall not conflict with any provisions of this section. Page 6

9 RELIGIOUS FREEDOM PROTECTION ACT Some home educators in Pennsylvania have cited the Religious Freedom Protection Act (RFPA) in declining to comply with the Pennsylvania Home Education Law Act 169. The issue is in court as of Fall Whether or not you choose to go this route is for you to decide. INTRODUCED BY JUBELIRER, MELLOW, CORMAN, MUSTO, LEMMOND, TARTAGLIONE, D. WHITE, MOWERY, GREENLEAF, BOSCOLA, HELFRICK, DENT, THOMPSON, M. WHITE, TOMLINSON, ROBBINS, LAVALLE, BELL, KITCHEN, SCARNATI, GERLACH, KASUNIC, WENGER, BODACK, CONTI, A. WILLIAMS, WAUGH AND WAGNER, APRIL 30, 2002 AS AMENDED ON THIRD CONSIDERATION, NOVEMBER 18, 2002 AN ACT Protecting the free exercise of religion; and prescribing the conditions under which government may substantially burden a person's free exercise of religion. The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows: Section 1. Short title. This act shall be known and may be cited as the Religious Freedom Protection Act. Section 2. Legislative findings. The General Assembly finds and declares as follows: (1) Laws and governmental actions which are facially neutral toward religion, as well as laws and governmental actions intended to interfere with religious exercise, may have the effect of substantially burdening the free exercise of religion. However, neither State nor local government should substantially burden the free exercise of religion without compelling justification. (2) The General Assembly intends that all laws, which it has heretofore enacted or will hereafter enact, and all ordinances and regulations which have been or will be adopted by political subdivisions or executive agencies, shall be construed so as to avoid the imposition of substantial burdens upon the free exercise of religion without compelling justification. Section 3. Definitions. The following words and phrases when used in this act shall have the meanings given to them in this section unless the context clearly indicates otherwise: "Agency." A Commonwealth agency or a non-commonwealth agency. THE TERM SHALL NOT INCLUDE THE COURTS OF THIS COMMONWEALTH OR A GRAND JURY ACTING PURSUANT TO 42 PA.C.S (RELATING TO POWERS OF INVESTIGATING GRAND JURY). "Commonwealth agency." The Commonwealth, including the Executive Department and its boards and commissions; an independent administrative department, board and commission; or a public official thereof, acting under color of State law. "Correctional employee." A public official, employee, agent, contractor or volunteer working for or providing services relating to a correctional facility or its inmates. "Free exercise of religion." The practice or observance of religion under section 3 of Article I of the Constitution of Pennsylvania. "Non-Commonwealth agency." A political subdivision, municipal authority or any other local government instrumentality authorized by law, or a public official thereof, acting under the color of State law. "Person." An individual, or a church, association of churches or other religious order, body or institution which qualifies for exemption from taxation under section 501(c)(3) or (d) of the Internal Revenue Code of 1986 (Public Law , 26 U.S.C. 501). "Substantially burden." An agency action which does any of the following: (1) Significantly constrains or inhibits conduct or expression mandated by a person's sincerely held religious beliefs. (2) Significantly curtails a person's ability to express adherence to the person's religious faith. (3) Denies a person a reasonable opportunity to engage in activities which are fundamental to the person's religion. (4) Compels conduct or expression which violates a specific tenet of a person's religious faith. Section 4. Free exercise of religion protected. (a) General rule.--except as provided in subsection (b), an agency shall not substantially burden a person's free exercise of religion, including any burden which results from a rule of general applicability. Page 7

10 (b) Exceptions.--An agency may substantially burden a person's free exercise of religion if the agency proves, by a preponderance of the evidence, that the burden is all of the following: (1) In furtherance of a compelling interest of the agency. (2) The least restrictive means of furthering the compelling interest. Section 5. Actions. (a) Claim or defense.--a person whose free exercise of religion has been burdened or likely will be burdened in violation of section 4 may assert that violation against an agency as a claim or defense in any judicial or administrative 4 proceeding. (b) Notice.--Notwithstanding subsection (a) and except as provided in subsection (c), a person may not bring an action in court to assert a claim under this act unless, at least 30 days prior to bringing the action, the person gives written notice to the agency by certified mail, return receipt requested, informing the agency of all of the following: (1) The person's free exercise of religion has been or is about to be substantially burdened by an exercise of the agency's governmental authority. (2) A description of the act or refusal to act which has burdened or will burden the person's free exercise of religion. (3) The manner in which the exercise of the governmental authority burdens the person's free exercise of religion. (c) Exception.--A person may bring an action in court without providing the notice required by subsection (b) if any of the following occur: (1) The exercise of governmental authority which threatens to substantially burden the person's free exercise of religion is imminent. (2) The person was not informed and did not otherwise have knowledge of the exercise of the governmental authority in time to reasonably provide notice. (3) The provision of the notice would delay an action to the extent that the action would be dismissed as untimely. (4) The claim or defense is asserted as a counterclaim in a pending proceeding. (d) Limitation.--Prior to the expiration of the 30-day period referred to in subsection (b), an agency which receives notice in accordance with subsection (b) may remedy the substantial burden on the person's free exercise of religion. (e) Jurisdiction.--A person alleging a violation of section 4 by a Commonwealth agency may bring an action in Commonwealth Court in accordance with this section and the applicable rules of court. In accordance with this section and applicable rules of court, a person alleging a violation of section 4 by a non-commonwealth agency may bring an action in the court of common pleas for the county where the non-commonwealth agency's office is located. (f) Remedies.--If a person asserts a claim or defense in accordance with this section and proves, by clear and convincing evidence, that the person's free exercise of religion has been burdened or likely will be burdened in violation of section 4, a court may award the person such declaratory or injunctive relief as may be appropriate. No court shall award monetary damages for a violation of this act. Unless the court finds that the actions of the agency were dilatory, obdurate or vexatious, no court shall award attorney fees for a violation of this act. (g) Inmate claims.--to the extent permitted under the Federal law, an agency shall be deemed not to have violated the provisions of this act if a rule, policy, action, omission or regulation of a correctional facility or its correctional employees is reasonably related to legitimate penological interests, including the deterrence of crime, the prudent use of institutional resources, the rehabilitation of prisoners or institutional security. Section 6. Applicability. (a) General rule.--this act shall apply to any State or local law or ordinance and the implementation of that law or ordinance, whether statutory or otherwise, and whether adopted or effective prior to or after the effective date of this act. Any law enacted by the General Assembly after the effective date of this act shall be subject to this act unless the General Assembly expressly excludes that law from this act by specific reference to this act. THIS ACT SHALL NOT APPLY TO ACTIONS OF THE COURTS OF THIS COMMONWEALTH OR TO ANY RULES OF PROCEDURE OR TO COMMON LAW ADOPTED BY THE COURTS OF THIS COMMONWEALTH. (b) Exceptions.--Notwithstanding subsection (a), and subject to existing religious exceptions, this act shall not apply to any of the following: (1) Any criminal offense under 18 Pa.C.S. (relating to crimes and offenses) or under the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act, which is graded as a felony or a misdemeanor. Page 8

11 (2) Any provision of 75 Pa.C.S. (relating to vehicles) which does any of the following: (i) Requires the licensing of motor vehicle operators. (ii) Requires the registration of motor vehicles. (iii) Requires financial responsibility for motor vehicle accidents. (iv) Protects the public from the unsafe operation of motor vehicles or from dangerous conditions on the highways. (3) Any provision of law which requires physicians or professional nurses to be properly licensed in order to practice their profession. (4) Any provision of the act of June 13, 1967 (P.L.31, No.21), known as the Public Welfare Code, which prevents the endangerment of the health or safety of individuals in facilities which are licensed or supervised under the Public Welfare Code. (5) Any provision of the act of July 19, 1979 (P.L.130, No.48), known as the Health Care Facilities Act, which requires the safe construction or operation of licensed health care facilities. (6) Any provision of the act of November 10, 1999 (P.L.491, No.45), known as the Pennsylvania Construction Code Act, which prevents the endangerment of health and safety. (7) Any provision of law which requires the reporting of abuse. Section 7. Construction. Nothing in this act shall be construed to authorize any government to prohibit or penalize the holding of any religious belief, or to take any action contrary to the Constitution of the United States or the Constitution of Pennsylvania. Nothing in this act shall be construed to require a religiously affiliated health care facility to provide, allow, participate in or refer for health care services which are contrary to the religious beliefs or practices of the facility; PROVIDED THAT THE FACILITY SHALL PROVIDE NOTICE TO ITS PATIENTS OF ITS POLICIES REGARDING THOSE HEALTH CARE SERVICES. Section 8. Effective date. This act shall take effect immediately. The Pennsylvania Department of Education Suzanne Tallman Education Administration Specialist Pennsylvania Department of Education 333 Market Street Harrisburg, PA Stallman@state.pa.us or RA-home-education@pa.gov Web: Phone: Fax: The Home School Legal Defense Association The Home School Legal Defense Association (HSLDA) is a not-for-profit organization that will provide legal services for its members in relation to home schooling issues. You can obtain a discount membership to HSLDA through YHSA because it is a participating organization. To obtain the YHSA discount, see the Leadership Directory on the YHSA website for the HSLDA contact person. HSLDA also has sample transcripts for your high school student on its web site. (See, also, samples in appendix.) To contact HSLDA directly: Home School Legal Defense Association P.O. Box 3000 Purcellville, VA Page 9

12 Complying With The Pennsylvania Home Education Law To comply with the Pennsylvania home education law*, you must: --submit a notarized affidavit and goals and objectives to the administrative office of the school district in which you reside prior to the beginning of your home school year. The current calendar for schools is July 1 through June 30; so if you plan to count summer learning in your school year, make sure you complete this step early. If you are pulling a child from a public or private school after the school year has begun, make sure you complete this step prior to beginning his or her home education. --maintain a log, as you go along, that shows the titles of reading materials used by the student. You do not need details of chapters or pages completed, just the titles. --elementary grades require 180 days or 900 hours of instruction; secondary grades require 180 days or 990 hours of instruction. You do not need to keep track of both hours and days. --keep a portfolio for each student. Include the log mentioned above and the test results mentioned below. Also include samples of the student s work: writings, worksheets, workbooks, creative materials used, or any materials developed by the student. --obtain a written evaluation by a qualified evaluator (see law for more complete description) at the end, or close to the end, of the school year. The evaluator will want to see the log and portfolio, and talk with you and your child, to make a thorough evaluation of your home education program. There is usually a fee involved for this service. (Visit this website for an in depth article on evaluating in PA. --have your child participate in standardized testing in the 3 rd, 5 th, and 8 th grades. You only need to test your child in Reading, Language Arts, and Mathematics. You can ask the school district to provide this service, or make arrangements to have it done through a support group or an evaluator. --submit your log, portfolio, written evaluation, and, if appropriate for your child s grade, a copy of the standardized test results, to the school district on or prior to June if you are moving from one school district to another within Pennsylvania, you must request a letter of transfer from the superintendent by registered mail thirty (30) days prior to the relocation. (See law for more complete description) *Please remember: the above steps only need to be followed if your child is already 8 years old, or will turn 8 years old during the first two weeks of the new school year, or has been registered for 1 st grade or above in a public or private school. Page 10

13 An Outline of the Home Educator s Year Before the start of the school year: Schedule medical/dental services as required by law for the coming school year. At the beginning of the school year: Submit a notarized affidavit with objectives to the superintendent of the school district in which you reside. Throughout the school year: Provide instruction for the time required for your child s level. Maintain a log, listing by title the reading materials used. Maintain a portfolio of samples of your child s work. Toward the end of the school year: Have your child take standardized tests if he is in 3 rd, 5 th, or 8 th grade. You only need to test your child in Reading, Language Arts, and Mathematics. Obtain a written evaluation of your child s educational progress that certifies whether or not an appropriate education is occurring. At the conclusion of the school year: Submit portfolio (log/samples/test results) and written evaluation to the superintendent of your school district. Due Process Page 11

14 Scheduling medical/dental services The PA Home Education law requires the home education supervisor to ensure that the student has receives the immunizations and medical and dental services required of all school-age children under sections 1303(a) and Article XIV. These medical/dental services are required as follows: Annually: eye test, height & weight measurement 1 st year: dental and medical exam, TB test* * Your doctor may determine that your child is not at risk for TB, and may issue a signed waiver of the TB requirement. Section (b)(1) of the law sets forth the requirements of the affidavit and objectives, and the immunization/medical/dental requirements listed above. This section of the law is worded in such a way that some interpret to require the inclusion of detailed immunization and/or medical and dental records with your affidavit. Others interpret this section to fall under the umbrella of the phrase the notarized affidavit shall be satisfactory evidence thereof. This is one of those issues that each home educator must consider and decide upon how to apply for himself; if you interpret the law to say that you must provide immunization or medical/dental services records, then submit them with your affidavit and objectives. Note that it is legal in Pennsylvania to exclude your child from receiving immunizations or medical or dental services and you may attest in your affidavit to the fact that you are doing so. This exemption, however, is only to your child receiving the services; it is not an exemption to complying with reporting requirements if your child has actually received the services. Page 12

15 Submitting an affidavit and objectives AFFIDAVIT: Although the PDE, and most likely your own school district, provide affidavit forms for home educators to use, you are not required by law to use those forms. Such forms often ask for more information or documentation from home educators than the law requires. Many parents make their own forms or use forms provided in guides such as this one. You simply need to sign the affidavit in the presence of a Notary Public, who will then sign and stamp the form. Notary Publics can often be found in home school support groups; if you don t find one among such groups, consult a phone book. The parent who signs the affidavit is considered the supervisor of the home education program. OBJECTIVES: Objectives are not defined in the Home Education law; it simply requires that an outline of proposed education objectives by subject area be included with the affidavit. Later in the section of the law that designates the affidavit and filing requirements, the law specifically states that the objectives cannot be used in determining compliance with the law in other words, whether or not home educators meet their objectives cannot be used against them. Thus, the objectives need not be detailed, and you need not worry if you end up deviating from your educational plan. You need not submit pages of tables of contents, or even identify any curriculum; one page containing general statements of simple goals in each subject will suffice. SUBMITTING - HOW & WHERE: Submit your notarized affidavit with objectives to the public school superintendent of the school district in which you reside. Because home schooling documentation can be and has been lost in the past causing some home schooling supervisors to appear to be out of compliance with the home education law and their children to be considered truant, it would be wise to obtain an itemized receipt from whomever receives your paperwork if you are personally delivering it to the superintendent s office. You may also submit this paperwork via certified U.S. mail, return receipt requested. This will provide you with a signed receipt of your documentation at the superintendent s office. SUBMITTING WHEN: WITHDRAWING STUDENT FROM SCHOOL IN SESSION: If you are pulling a child from a public or private school after the school year has begun, make sure you file your affidavit with objectives (and have received your signed receipt to prove it) prior to keeping your child home from school. The affidavit will serve as your withdrawal notice from a public school. If your child attended a private school, in addition to filing your paperwork with the public school superintendent, you will need to notify the private school of your withdrawal from that institution. Page 13

16 BEGINNING HOME SCHOOLING DURING SUMMER BREAK: If this is your first year of home schooling, then file your affidavit before you begin your year, but no earlier than July 1 st. The official school year in Pennsylvania runs from July 1 through June 30 of the following year, and this is the time period in which the Pennsylvania Home Education law is in effect. Although most schools begin their school sessions late in August, you may begin your first home schooling year as early as July 1 st, and as late as the beginning of regular classes at the school your child would attend were he attending public school. Every year after your first year of home schooling, you must file your affidavit by August 1 st ; however, the law does not determine when to begin counting your school time, so you may still start home schooling and counting your hours or days as early as July 1 st. Note that filing an affidavit to home school is not an application to home school, requiring the superintendent s approval of your program. Rather, it is an exercise of your right under the law to home school your child(ren). Once your affidavit has been properly filed, you may begin to home school. As soon as you have submitted the documentation required by the law, you may begin home schooling and counting your time. If you submit an affidavit to home school your child, it is not also necessary to register or enroll your child at the public school. If your district tries to require this of you, contact the PDE. Other than the above-mentioned documents, there is only one more document that you might need to submit with your affidavit. If your child has been identified as special needs (refer to the law - see section (d) in the text that prefaces section ), then you will need to include a letter from a teacher with a valid Pennsylvania teaching certificate for special education, or from a licensed clinical psychologist or from a certified school psychologist approving your program. The letter can be as simple as a statement attesting to the fact that your objectives are appropriate for a student with your child s diagnosis. Note that if you have pulled your child from school where he was identified as special needs, he will have an IEP (individualized education program) that was used at the school. The IEP should not be considered as an approval letter of your home education program. IEPs are developed for classroom use, and are not intended for use in a home setting. There are no other documents required to be submitted with your affidavit, nor are there any requirements of the law beyond submitting these documents. You do not need to submit a copy of your high school or college diploma with your affidavit, nor do you need to submit to being interviewed, either with or without your student, by any school district personnel. If your school district attempts to require you to comply with these or any other district policies beyond what is required by the law, please seek the support of other home educators, the PDE, or legal representatives before acceding to school district demands. Page 14

17 Providing Instruction Section (c)(1)(2) and section (d)(1) of the law sets forth the course and graduation requirements for the home education program. As the supervisor it is your responsibility to provide instruction for these courses. Instruction could be given by you, a tutor, use of a co-op or through a variety of other options. ELEMENTARY SCHOOL LEVEL FIRST THROUGH SIXTH GRADE: English to include: Spelling Reading Writing Arithmetic Science Geography US History PA History SECONDARY SCHOOL LEVEL SEVENTH THROUGH TWELFTH GRADE English to include Language Literature Speech Composition Science Geography Social Studies to include Civics World History US History PA History Civics Safety Education Include regular and continuous instruction in the dangers and prevention of fires. Health and Physiology Physical Education Music Art Mathematics to include General Mathematics Algebra Geometry Art Music Physical Education Health Safety Education Include 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 ageappropriate courses as contained in Chapter 5 (Curriculum Requirements) of the State Board of Education. GRADUATION REQUIREMENTS NINTH THROUGH TWELFTH GRADE: (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 the humanities. Make up the balance of the credits with additional years or subjects of student s interest and career interest. Check with college, trade school, etc. for what is required for acceptance to a specific program. (i.e. language, advanced science, etc.) Plan on 20-24, even 28 credits for a full load high school. Page 15

18 HIGH SCHOOL CREDITS: High school Credits can be determined in various ways: 1. Complete two-thirds of a textbook 2. Have 120 daily logged entries 3. Have 120 hours of logged study 4. Complete a research paper with interviews/ surveys / experiments/etc. 5. Complete a college course 6. Pass an AP exam 7. Documented Work Study 8. Documented Apprenticeship 9. Community Service/Volunteer Work 10. Long-term participation on a sports team 11. Long-term participation in community arts programs 12. Other creative ways in which you can demonstrate that a reasonable amount of learning has taken place. DIPLOMA OPTIONS: 1. Parents may issue a diploma to their students. 2. The Pa. Dept. of Education allows Home School Organizations to give their students diplomas. 3. Any Pennsylvania citizen can receive a diploma from the Pa. Dept. of Education after completing one year (30 credits) at an accredited college. For more information contact the Pa. Dept. of Education. 4. State Recognized Diploma Programs They often have additional requirements and costs. 5. G.E.D. This is a diploma that is available to anyone who can pass an equivalency test. Students must be 18 years of age. Exceptions are made for younger students who have letters from prospective employer or college. For information contact the Pa. Dept. of Education. Page 16

19 Maintaining a log Maintain a log, made contemporaneously with the instruction, which designates by title the reading materials used. In other words, the log is to be made as the instruction occurs, and the law requires only that the titles of reading materials be recorded neither authors or publishers, nor chapters or pages read are necessary, nor should your reading list double as a curriculum list for all the subjects you are covering. In fact, the law does not require home educators to provide a list of curriculum. The only curriculum you might incidentally identify would be that which is also used as a source for reading, such as a history or science text. What is required on the log beyond reading materials is not defined in the law, and is the subject of much debate among home educators and contention between home educators and school districts. Some home educators and legal experts have defined a log as showing daily time spent per subject, in addition to the list of reading materials. Some feel it is not necessary to show daily time spent but will list the subject areas covered each day, while others believe it is only necessary to provide a list of dates of instruction. Still others believe that since the affidavit attests to the fact that the program will be conducted for the time required in the law, and the affidavit shall, according to the law, provide satisfactory evidence thereof, that there is no need for the log to serve as an attendance record. You will need to decide for yourself how to comply with the log requirement; see the appendix for samples. Note that any time your child spent in a public or private school, before being withdrawn to begin home schooling, should be counted toward the total time required, and should be noted in any attendance record or log that you maintain. Page 17

20 Maintaining a portfolio The law defines a portfolio as consisting of the log, samples, and test results for grades 3, 5, and 8. At the beginning of your school year you can establish a folder or section of your teacher s planner to hold your portfolio samples and simply put copies of your student s work into this folder as the year progresses. The samples can be of any writings, worksheets, workbooks or creative materials used or developed by the students. Note, the law does not say all samples it says any. It also does not say how many samples are required, either by subject or in total. The law also does not say that an abundance of samples will prove that an appropriate education is occurring rather, it very specifically defines appropriate education as 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. Incidentally, the law does not define progress depending on your interpretation, this could mean progress in each subject or progress in fulfilling the requirement of having studied every subject denoted in the law over the entire course of your elementary or secondary program. It has been acknowledged by the PDE that it is not necessary to provide instruction in every subject every year, as long as every subject required by law is eventually taught at the elementary and secondary levels. (The exception to this may be fire safety, for which the law specifies regular and continuous instruction in the dangers and prevention of fires. ) Thus, if you do not teach Pennsylvania history until 6 th grade, it is not necessary to produce a sample for PA history for an earlier portfolio. If you do not start art instruction until 4 th grade, then no art sample is needed until 4 th grade. If you establish such a program and turn in samples in the subjects taught in the grades in which they were taught, then by the time your student completes the elementary or secondary program, you will have demonstrated progress in the overall program. Some supervisors believe that it is necessary to show progress in each subject, each year. If this is your interpretation of the law, you need not burden yourself thinking that you must provide many samples in each subject. It is not necessary to turn in boxes of workbooks and reports or three-inch thick binders with hundreds of samples, not to mention field trip brochures, pictures, etc. While such keepsakes are great for home, they are not required by the law and may even make superintendents question the quarter-inch thick (and smaller) portfolios of those home educators who turn in only what the law requires. YHSA encourages compliance with the law, but over-compliance is not necessary or encouraged. Thus, if you want to show progress in a subject within the school year, turning in one sample from the beginning and one sample from the end of your year should accomplish that goal. Standardized test results must be included in the portfolio only in the required testing years of 3 rd, 5 th and 8 th grades and only in reading/language arts and mathematics. Page 18

21 Having your child tested Your child is required to take standardized tests in grades 3, 5 and 8. You only need to test your child in Reading, Language Arts, and Mathematics. These are the only academic tests required of home educators in Pennsylvania. If your school district allows it, then you may take the statewide tests administered in the schools. However, you are not required to take the statewide tests, nor are you required to take any specific standardized tests according to a school district policy. The law specifically gives home school supervisors the right to choose their standardized tests from a list established by the PDE. As of June 30, 2009 that list consists of the following tests: 1. California Achievement Test 2. Comprehensive Testing Program (CTPIV) 3. Iowa Test of Basic Skills 4. Metropolitan Achievement Test 5. Peabody Achievement Individual Test Revised Version 6. Stanford Achievement Test 7. Tera Nova 8. Woodcock Johnson Revised Tests of Achievement III See the full information at this page: Place your cursor near the end of the link to get to the correct page. Scroll to "Tests." Even though the Pennsylvania Department of Education through the local school district makes the PSSA test available to fulfill the testing requirement, YHSA does not recommend that home educated students take PSSA tests to fulfill said requirement. Many home school support groups and evaluators provide testing opportunities; contact those in your area, or consult with home schooling friends to find out when, where, and how to go about having your child tested. The requirements for administering each test will depend on the publisher of the test. Some tests must be administered in the traditional group setting you remember from your own school days; others can be administered in the comfort of your home, providing a much less threatening testing environment for some students. There is usually a fee to cover the cost of the test and perhaps additional costs of the people or organization providing the testing. You may also contact a test publisher to find out if you can purchase the test directly to have it administered to your child. The law stipulates that the supervisor of the home education program may not administer the test to the student; however, nothing in the law prohibits a sibling, grandparent, or friend from administering the test. You will need to find out each test provider s, guidelines and requirements for using their test. There is no limit on the number of times you may have your student tested. Since students of similar ability will test differently on the same test, simply because the test is a better fit for some students than for others, it is legitimate to test your student multiple times during a single testing year until you find a test that acknowledges your student s strengths. Since the test itself does nothing to instruct or enrich your student, testing should be viewed simply as a tool to satisfy the law. Page 19

22 Obtaining a written evaluation Although the evaluation of a student is not required until the end of the school year, it is wise to choose your evaluator much sooner. Before or near the beginning of your year (or as soon as possible after you withdraw your child from school to start home schooling) you should interview potential evaluators in order to determine if their perspective on the role of evaluator conforms to yours. Topics to clarify with a potential evaluator should include: the evaluator s credentials and particularly her experience evaluating home educators; what the evaluator expects to see in the student s portfolio (i.e., the type/number of samples, type of log, attendance record); where and how the evaluator will conduct the student interview; services provided for fees charged (often a flat fee of from $25 to $100 covers the basic portfolio review, student interview, and written evaluation, with additional fees charged for transcript and/or curriculum consultation or other services); and how the evaluator will support and assist you should the Superintendent challenge the evaluation. Generally, an evaluator should not require more from you or your student than what is required by law. Choose an evaluator who understands your family and your home education style. You ll know that you ve chosen the evaluator that s right for you and your student when you both approach the evaluation process with enthusiasm and confidence rather than apprehension and stress. For an excellent essay on the role of the evaluator in Pennsylvania home education, click on the Evaluator List on the YHSA website. Evaluator qualifications are addressed in sections (e) (1) (i. through iii.) and (e)(2) of the law. You, the supervisor, are responsible for and have the right to decide who will evaluate your student. Except as noted below, school district personnel (including the Superintendent) are not authorized by the law to regulate your choice of evaluator. Also note that if you submitted with your affidavit, the required approval of your home education program for a special needs student, you are not limited in your choice of evaluators to the person who initially approved your program. In fact, nothing about the evaluation process for a special needs home school student is different from that of any other home school student. Section (e)(2) spells out who may evaluate home educators: 1) a licensed clinical psychologist 2) a licensed school psychologist 3) a teacher certified by the Commonwealth of Pennsylvania 4) a nonpublic school teacher or administrator with at least two years of teaching experience in a Pennsylvania public or nonpublic school within the ten years previous to conducting your student s evaluation 5) persons not having the above qualifications, for whom the supervisor of the home education program has received the prior consent of the superintendent. NOTE: The only time that you need evaluator pre-approval from your Superintendent is if you wish to use an evaluator who does not meet any of the stated qualifications in 1) 4) above. Submit your request in writing to the Superintendent, stating the reason(s) why you think your evaluator should be approved to conduct your student s evaluation (see sample request in appendix.) If your request is approved, be sure to get the approval in writing before the evaluation is conducted. Page 20

23 Section (e)(1) (i. iii.) of the law defines grading and sets forth the grading experience required of a teacher or administrator meeting the evaluator qualifications in 3) and 4) above. Note that the law prohibits a supervisor and his or her spouse from being their own student s evaluator. Evaluators often prepare their evaluation schedules midway through the school year; some may even do so as supervisors contact them in the fall. Because evaluation schedules become tighter late in the spring, some evaluators give discounts for appointments made earlier in the year. The law does not require that all your school time be counted before the evaluation is conducted; so as long as your student has completed a sufficient portion of the school year to demonstrate progress, as you understand the law to define progress, an early evaluation should be acceptable. Just as there are as many ways to home school as there are home educators, there are as many ways to conduct evaluations as there are evaluators. Your evaluator may conduct the portfolio review and student interview in his/her home, in your home, or in another location such as a library conference room or an office or classroom made available at a home school store or other location. Some evaluators conduct distance evaluations in which you send your student s portfolio to the evaluator, who will then contact you to arrange a time to conduct an interview of your student by phone. Some evaluators may ask you to provide the portfolio and information about your student and/or home education program before the interview, in order to streamline the interview process, while others may prefer a less scripted approach. Many evaluators offer the option of either a short form or comprehensive written evaluation. Often they will provide you with the short form immediately upon completion of the evaluation, while the comprehensive form may be mailed to you. All these details of the evaluation process will have been worked out with your evaluator ahead of time, preferably when you conducted your initial interviews that led you to choose that particular evaluator. One thing your evaluator will not do is evaluate your student s work from any public or private school from which he was withdrawn to begin home schooling, if that is your situation. Although you will count the time that your student spent in such a school toward the total time required for the year, the evaluator is only responsible for evaluating your student s progress in the home education program. Your evaluator may include on the written evaluation a reference to his/her credentials to conduct home school student evaluations. However unless you have requested pre-approval of an evaluator, the law does not require you to provide your Superintendent with your evaluator s credentials; the law simply states what the credentials are and leaves it up to the supervisor to ensure that they ve been met. In the interest of not ceding to every extra demand made by Superintendents, you need not feel compelled to prove that your evaluator meets the requirements of the law (particularly since you ve already attested in your affidavit that your program will meet the requirements of the law, which stipulates that the affidavit will be satisfactory evidence thereof. ) If a Superintendent has an issue with your evaluator s credentials, have the Superintendent contact him/her directly. Any evaluator should support such a course of action. Page 21

24 Submitting your portfolio (log/samples/test results) and written evaluation Although some school districts may establish a date by which home educators are required to submit year-end documentation, the law specifies that this documentation shall be submitted at the conclusion of each public school year. The public school year in Pennsylvania officially ends on June 30 th. As long as you submit your documentation to the superintendent by this date, you are in compliance with the law. The law does not require you to schedule the completion of your school time in order to comply with a school district policy. The law does not establish a format in which your documentation is to be submitted. While big, beautiful memory books are great personal keepsakes, what you turn in to the superintendent need only serve the function of keeping the required documentation together. A simple brass tab or even plain manila folder will accomplish this task; and in fact, some home educators allow their mailing envelopes to serve this purpose. It is probably a good idea to at least staple your documentation together to avoid any being lost while in the possession of the superintendent. Note that you should always turn in copies in order to avoid the loss of any original documentation. Your year-end documentation may be submitted in the same manner as was your affidavit paperwork: either in person, for which you should again get a signed itemized receipt, or via certified U.S. mail, return receipt requested. Once you have submitted this documentation, your superintendent is required to review and return the documentation to you (he is allowed to make copies for his files). The law specifies neither a time period nor manner by which this review and return of documentation is to be completed. You may receive a letter of approval in the mail, informing you that you may pick up your portfolio at the district office, or you may receive a phone call to that effect. The purpose of submitting the portfolio and written evaluation to the superintendent is so that he may determine whether or not an appropriate education is occurring in the home education program. The law defines appropriate education as: 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. Although this might appear to be a straightforward definition, superintendents differ in their understanding and application of this definition. Thus a portfolio and evaluation that are approved by a superintendent in one district might be considered insufficient evidence of appropriate education by a superintendent in another district. With 501 school districts in Pennsylvania and 501 possible different interpretations of the many aspects of the law, it s understandable why the Pennsylvania Home Education law is considered by many home school advocates to be one of the most problematic in the nation. It should also be clear why it s so important to network with other home educators in your district in order to get a feel for and possibly avoid unnecessary conflicts with your superintendent. See the next section on due process for how to handle a situation in which your superintendent determines that appropriate education is not occurring. Page 22

25 Due Process Note that although your year-end documentation is not legally due until June 30 th, the superintendent is authorized to require you to submit your portfolio and an evaluation of your student at any time during the year if he has a reasonable belief that appropriate education may not be occurring during the school year. The law provides specific procedures for the superintendent and home educators to follow in such a situation, and it is imperative that these steps be followed. Note that initially this procedure differs from a year-end finding that appropriate education did not occur. However both situations could lead to the supervisor of a home education program being required to attend a due process hearing, which could result in a one-year suspension of his right to continue to home school his child. A summary of the procedures is as follows: Superintendent s mid-year request for documentation 1) The superintendent may request that a supervisor submit portfolio documentation; he may also request that the supervisor submit an evaluation of the student in question. The superintendent s request must be via a letter sent certified and return receipt requested. 2) The supervisor must submit to the superintendent the requested portfolio documentation within 15 days and the requested student evaluation within 30 days of the supervisor s receipt of the certified letter. If such requests occur during a year in which the student would normally take the required standardized tests, and those tests have not yet been administered, the superintendent may not require that the tests be administered the test results may be submitted with the year-end portfolio per the normal procedure. Although not stipulated in the law, it is recommended that such submissions be made via mail, return receipt requested, or in person obtaining a signed, itemized receipt, in order to document the supervisor s compliance with the procedure. 3) The law does not address how the superintendent shall notify the supervisor if he is satisfied with his review of mid-year documentation; it simply requires that such documentation be returned to the supervisor upon completion of the superintendent s review. Superintendent s finding that appropriate education is not occurring/did not occur If, upon reviewing the documentation submitted by a supervisor either during a mid-year review or at the end of the school year, the superintendent determines that appropriate education is not occurring or did not occur, then the following steps must be followed: 1) The superintendent must send the supervisor of the home education program a letter, sent certified and return receipt requested, stating his opinion that appropriate education is not occurring and specifying what aspects of the documentation are inadequate. At this time the superintendent is required to return the student s documentation to the supervisor. If the superintendent deviates from this procedure if he attempts to request additional documentation by phone then the home education supervisor should request that the superintendent put his request in writing according to the procedures outlined in the law. Page 23

26 2) The supervisor of the home education program has 20 days from receipt of the superintendent s certified letter, to submit to the superintendent additional documentation proving that appropriate education is occurring/did occur. If the supervisor does not submit such documentation within 20 days, then the student s home education program shall be deemed out of compliance with the law. If this occurs, then the student must be enrolled in a public school in his district of residence or in a non-public or licensed, private academic school. Additionally, the supervisor or spouse of the supervisor shall be ineligible to supervise a home education program for that student for twelve months from the date that the program was found to be out of compliance. Superintendent s rejection of additional documentation 1) If upon receipt of the additional documentation submitted by the supervisor, the superintendent is not satisfied that appropriate education is occurring, he must notify the supervisor of his opinion via a letter sent certified and return receipt requested. 2) Within 30 days of the superintendent notifying the supervisor that in his opinion appropriate education is not occurring, the district s School Board of Directors shall schedule a hearing before a duly qualified and impartial hearing examiner (as defined in section (a) of the law.) 3) The hearing examiner must render a decision within 15 days of the hearing. The hearing examiner may require the establishment of a remedial education plan, agreed to by both the superintendent and supervisor, in order to continue the home education program. The law is not clear on who will suggest this plan. Either party may appeal such a decision to the Secretary of Education or Commonwealth Court. If the hearing examiner finds that, according to the documentation, appropriate education is not occurring, then the home education program shall be deemed out of compliance with the law, and the same penalty for non-compliance as described previously will apply. The law does not expressly provide for an appeal of a determination of non-compliance by a hearing examiner; consult a lawyer to determine what steps to take should this occur. Page 24

27 A Guide to the Home Education Law in Pennsylvania from the York Home School Association, Inc. APPENDIX

28 York County School Districts Page A

29 York County School District Contacts Bermudian Springs Dr. Shane Hotchkiss, Supt Carlisle Pike or Contact Michele Hartzell, Asst. Supt. York Springs, PA Central York Dr. Michael S. Snell, Supt. 775 Marion Road Contact Robert B Grove, Asst. Supt. York, PA Dallastown Area Dr. Ronald E. Dyer, Supt. Strive Academy Building Contact Dr. Ronald E. Dyer, Supt 700 New School Lane Dallastown, PA Dover Area Dr. Jason A. Conway, Acting Supt. 101 Edgeway Rd Contact Karen Holtzapple Dover, PA kholtzapple@echalk.doversd.org Eastern York Dr. Darla M. Pianowski, Supt. 120 S. Third St., P.O. Box Contact Dr. Rita Becker, Asst. Supt. Wrightsville, PA Hanover Public Dr. John A. Scola 403 Moul Ave Hanover, PA Northeastern York Dr. Shawn Minnich, Supt. 41 Harding St ext Contact: Dr. Stacey Sidle, Asst. Supt. Manchester, PA Northern York County Dr. Eric C. Eshbach, Supt. 149 S. Baltimore St Contact - Jason Beals, Asst. Supt. (x1101) Dillsburg, PA Red Lion Area Dr. Scott Deisley, Supt. Windsor Manor Elementary, Contact Mary Smith (ext 301) 2110 Windsor Road (Enter at the back of the building) Windsor, PA South Eastern Dr. Rona Kaufmann, Supt. 377 Main St. - Admin. Bldg Contact - Dr. Leslie Trimmer, Asst. Supt. Fawn Grove, PA South Western Dr. Barbara A. Rupp, Supt. 225 Bowman Rd Contact Dr. Jill Wenrich, Asst. Supt. Hanover, PA Cindy Miller, secretary (ext 20011) Southern York County Dr. Thomas R. Hensley, Supt Fissels Church Rd., P.O. Box Contact Sandra Lemmon, Asst. Supt. Glen Rock, PA Linda Miller (ext 7230) Spring Grove Area Dr. Robert Lombardo, Supt. 100 E. College Ave ext Contact Suzanne E. Sterner Spring Grove, PA West Shore Dr. Jemry L. Small, Supt. PO BOX Dr. Todd Stoltz, Asst. Supt. New Cumberland, PA Fishing Creed Rd. Lewisberry, PA West York Area Dr. Emilie M. Lonardi, Supt Banister St ext Contact Erin N. Holman York, PA Director of Pupil Services York City Dr. Eric B. Holmes, Supt. 31 N. Pershing Ave Dr. Tamara Willis, Asst. Supt. York, PA Contact - Juli Torres, Exec. Asst. York Suburban Dr. Michele Merkle, Acting Supt Hollywood Dr Contact Dr. Michele Merkle, York, PA Page B

30 PA HOME EDUCATION PROGRAM AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA ) ):SS COUNTY OF YORK ) Before me, the undersigned notary public, this day personally appeared, being first duly sworn on oath, deposes and declares: I am the parent of the child/children listed below. I am responsible for the provision of instruction in the Home Education Program in which the minimum of one hundred eighty (180) days or nine hundred (900) hours of instruction at the elementary school level or nine hundred ninety (990) hours of instruction at the secondary level will take place. I attest that the subjects required by law will be offered in the English language, and that the Home Education Program will be in full compliance with the provisions of the Public School Code, and that the notarized affidavit shall be satisfactory evidence thereof. I attest that the child/children in the Home Education Program has/have received the health and medical services required by Article XIV of the Public School Code, and that comprehensive health records are being maintained for said child/children and that the notarized affidavit shall be satisfactory evidence thereof. I attest that I have a high school diploma, or its equivalency, and that all adults living in the home of the child/children in the Home Education Program have not been convicted of the criminal offenses enumerated in subsection (E) of section 111 of the school code within five years immediately preceding the date of the affidavit and that the notarized affidavit shall be satisfactory evidence thereof. Attached is: An outline of proposed education objectives by subject area Name of Supervisor of the Home Education Program: Address of Home Education Program Site: Phone Number of Home Education Program Site: Name(s) and age(s) of child/children participating in Home Education Program: Signature Subscribed and sworn before me this day of,. Notary Public My commission expires: Page C

31 Date: School Year: Medical Exemption Letter To Whom It May Concern: I am the parent/guardian of. I object to the following procedures for my child on religious grounds or on the basis of strong moral or ethical conviction similar to a religious belief. Immunizations Medical Examinations Dental Examinations Sincerely, Page D

32 HOME EDUCATION PROGRAM ELEMENTARY OBJECTIVES School year Student name (s) Pertinent section of school code: Home education program (b) (1) A notarized affidavit which sets forth: an outline of proposed education objectives by subject area English: Develop spelling, reading and writing skills. Arithmetic: Develop arithmetic skills. Science: Develop knowledge and understanding of the sciences. Geography: Develop knowledge of geography. History: Develop knowledge and understanding of U.S. and Pennsylvania history. Civics: Develop knowledge and understanding of the rights and responsibilities of citizenship. Safety Education: Develop basic safety awareness, including understanding the dangers and prevention of fires. Health and Physiology: Develop knowledge and understanding of health and physiology issues. Physical Education: Develop knowledge of/appreciation for/skills in various physical activities. Music: Develop understanding of and appreciation for music. Art: Develop understanding of and appreciation for art. Page E

33 HOME EDUCATION PROGRAM SECONDARY OBJECTIVES Pertinent section of school code: School year Student name (s) Home education program (b) (1) A notarized affidavit which sets forth: an outline of proposed education objectives by subject area English: Develop language, literature, speech and composition skills. Science: Develop knowledge and understanding of the sciences. Geography: Develop knowledge of geography. Social Studies: Develop knowledge and understanding of civics and world, U.S., and Pennsylvania history. Mathematics: Develop general mathematics as well as algebra and geometry skills. Art: Develop understanding of and appreciation for art. Music: Develop understanding of and appreciation for music. Physical Education: Develop knowledge of/appreciation for/skills in various physical activities. Health: Develop knowledge and understanding of health issues. Safety Education: Develop basic safety awareness, including understanding the dangers and prevention of fires. High School Graduation: Complete necessary coursework to graduate from the home education program Page E

34 Pennsylvania Diploma Programs There is confusion in the Pennsylvania Home Schooling community about diploma programs. The following programs have been called state-recognized, official, and legitimate; but please be aware that they are not state accredited, and often have additional requirements and costs. Diploma programs tend to put the family under more regulation than is required by law. In other states, home schoolers are being accepted into college on the basis of merit transcripts, SAT s, letters of recommendation, admissions essays, etc. But, in Pennsylvania, some colleges have made these diplomas a requirement, as though having one of them means one student is academically better than one who doesn t have one. Fortunately, that has changed in the past few years, and parent-issued diplomas are considered valid for any admission requirement. Please carefully consider your decision in this area. YHSA does not endorse the involvement in a diploma program. Inclusion in this list does not imply evaluation, review, or approval of any kind by the Pennsylvania Department of Education. The information contained herein has been provided by the organization. Bridgeway Academy 334 Second Street Catasauqua, PA Jennifer Gora (Admissions Dir.) Jessica Parnell (Principal) info@bridgewayacademy.com Web: Fax: K-12, Accredited Diplomas, Customized Curriculum, Placement Testing, Adult Diplomas, Learning Disabilities, Record Keeping Services, College Dual Enrollment, Online Middle School and High School Buxmont Christian Educational Institute, Inc. 146 W. Broad Street Telford, PA bceione@verizon.net Web: BCEI is one of the state recognized diploma programs for homeschool families and has recently celebrated their 25th year of ministry to homeschool families. BCEI is recognized by the PA Department of Education in Harrisburg as well as the college boards. BCEI provides the following services to member families: educational consultations, counseling, tutoring services, evaluation and testing services, support group, educational parent meetings, lending library, curriculum fair information, student council and leadership opportunities for students, senior services such as class trip, formal, and yearbook. BCEI accepts AP, CLEP and dual enrollment credits and offers various group discounts for members to HSLDA, College Plus, and other discounts. BCEI prepares a full set of transcripts, completes letters of recommendations, and assists with the college application process. Erie County Homeschoolers Diploma Association 9129 State Road Cranesville, PA Edi Thomas echsda@velocity.net Web: Association, Diplomas, Scholarship Essay Contest Page F

35 Mason-Dixon Homeschoolers 32 West Main St. #5 Waynesboro, PA Contact: Barbara Snyder Office Web: Association, Diplomas, Evaluators, Information, Newsletters, and Support. Booklets available in hard copy or in PDF version: Diploma Guide, Homeschooling and the Law, Addressing Learning Challenges, An Introduction to the Fine Art of Homeschooling. See the website for details. Pennsylvania Homeschoolers Accreditation Agency 105 Richman Lane Kittanning, PA Dr. Howard B. Richman Web: Fax: Association, Conference (High School at Home), Diplomas, , Evaluators, Materials, Newsletter, WEB page Susquehanna Valley Homeschool Diploma Programs, Inc. 2A Craig Run Road Duncannon, PA Sandra Elliott Web: Association, Conference, Diplomas, Evaluators Valley Forge Baptist Home Education Association 616 S. Trappe Road Collegeville, PA Karen Melchior or Lois Rall Fax: VFBHEA offers home school diplomas only to members of Valley Forge Baptist Temple Updated 3/20/14 Diploma program defined as organization which is properly registered with the Pennsylvania Department of Education to issue secondary school graduation credentials for post-secondary school admittance and PHEAA grants and loans. Page F

36 Privacy Notice When you submit your portfolio, log, evaluator s letter, and test scores (in a testing year), you may want to include a cover letter similar to the following: "These are private records which should be treated with the highest confidentially. Under section of the PA School code, only the superintendent has permission to review these records. If it is necessary to delegate this responsibility, it should be to only one person. I must be contacted in advance for my express permission before it is shown to someone other than the Superintendent or his/her designee." Page G

37 York Home School Association, Inc. 211 Pauline Drive, Box #407 York, PA Student ID Form VALID ONLY ON SCHOOL STATIONERY. (THIS FORM IS NOT VALID IN INDIA, GHANA, NEPAL, NIGERIA, OR PAKISTAN.) Attention: Test Center Supervisor The test-taker described and pictured below is a student at this school and has signed this document in my presence. I have applied the school seal, ensuring that the seal is placed on a portion of the student s picture. Name of Student: (Please print.) Student Signature: Counselor or Principal Signature: Date*: * This ID Form is valid for one year. Affix original photograph in this space Student s Date of Birth: Sex: M F (Circle one.) School Seal Your signature is also required on test day. Please bring this form every time you test. I am the person whose signature, description, and picture appear above. I am signing this document (below) in the presence of test center staff on the test date(s) listed. My signature attests to the truthfulness of the statements made on this document. Student Signature: Test Date: Student Signature: Test Date: Student Signature: Test Date: Student Signature: Test Date: I have no greater joy than to hear that my children walk in truth. III John 4 Page H