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Pauline
Harding's Guide to Homeschooling |
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There’s
lots more homeschooling info on my site! Getting Started with Homeschooling Complying with the PA
Homeschooling Law All About The Affidavit & Objectives All About Evaluations & Evaluator List Handling School District Problems Homeschooling Statistics from the PDE Alternatives to the Home Education Law PA Public Cyber-Charter Schools PHEAA Requirements for Homeschoolers Homeschoolers in Public Schools SE PA Homeschool Groups Activities, classes, tutors,
etc. Delco-homeschool email
group. Homeschooling Materials,
Supplies, Curriculum, etc. Homeschooling Links Homeschoolers have a lot of
choices available to them. Please take the information you
find useful from these pages and ignore the rest. Many people, including me, will give opinions on
the PA homeschooling law. I might be wrong! I am not a
lawyer! Please double-check
legal information with appropriate sources! Public School Uniforms and
Dress Codes This Web Page by Pauline Harding for Art Nurk, hardingpj@yahoo.com. |
Most
of my homeschooling web pages refer to The Pennsylvania
Home Education Law, Act 169 of 1988. The vast majority of families who teach their children at
home in PA do so under this law, commonly referred to as “the homeschooling
law”. However,
there are several other options for families who teach their children at home
in Pennsylvania. Here is a brief
overview of these options. Some
of these options are more theoretical than realistic – I include them here
since questions sometimes come up about them. All of these options have pros and cons. You will need to decide what is the
right choice for your own family.
Please consider your options carefully, and seek advice from others
more knowledgeable than I if you are interested in pursuing one of these
routes. I am NOT a lawyer. Cyber
Charter School Homebound
Instruction
Private Tutor Law Umbrella School Is the
parent required to do all the teaching? Can
someone else homeschool my child? Cyber
Charter School: Students may enroll in a PA public cyber charter school. These are free public schools that use the internet to teach students at home. These students are not considered home educated students under PA law -- they are public school students. Obviously, this option has pros and cons to consider. Please see my cyber-charter school page for details and links to some of the schools. Students with special needs, such as serious
illness, may be eligible for homebound instruction from the school
district. In this case a teacher
visits the home and provides tutoring for several hours a week. These services are provided for
free. Students are considered
public school students. Parents
in this situation should weigh carefully the difference between homebound
instruction and other forms of home-based education before deciding which
option is right for their family.
Parents who have a PA teaching certificate, or
who hire a private tutor who does, may choose to homeschool under the private
tutor law, which has fewer reporting requirements. There are pros and cons to taking this approach, including
the fact that the private tutor option does not include the extensive due
process guidelines offered by the home education law. This law has traditionally been used for
professional kids (actors) and kids heavily involved in a sport (Olympic
figure skaters), who are tutored around their other activities. For details on the private tutor option, see Home Education: Home
Education Reference Documents for the law, and 22 Pa. Code
§ 11.31. Pupils not enrolled in public schools due to private
tutoring
for the State Board of Education regulation. Both of these apply to those who use the private tutor
option. There is some controversy as to
whether the private tutor option can be used by a parent to tutor their own
children. Some families have been
doing this for many years without difficulty; others have had serious
problems, including being charged with truancy. Please make sure you are fully aware of your district’s
position on this issue, as well as the PDE’s position, before you choose to
go this route. I suggest you
contact your district, and/or the Department of Education, and/or HSLDA. (See Who can help me with
legal questions?)
See also an article by HSLDA at http://www.hslda.org/courtreport/V18N6/V18N6PA.asp In
some states, homeschoolers can enroll in a private school, do their studies
at home, and report to the school instead of to the local school district. The private school is called an
“umbrella school” or “cover school”.
In some such arrangements, the student must use the school’s
curriculum; in others, the school allows the family considerable leeway and
there are few if any requirements to be met. In
Pennsylvania, there is no specific provision in the law for umbrella
schools. According to the PDE, enrollment
alone is not enough to fulfill the compulsory attendance law; students must
also attend the school full-time, otherwise they must file under the private
tutor law or the home education law.
So even if you are enrolled in Clonlara or Calvert or Seton or the
like, you have to file as a homeschooler and do the associated paperwork with
your local school district. Some
PA private schools, such as Upattinas, have an active
relationship with the homeschooling community. They may offer services to homeschoolers, such as
curriculum consultation, evaluations, testing, diploma programs, etc. A few school districts have individual, informal
arrangements with homeschoolers who are enrolled in correspondence schools,
such as allowing the school’s report card to substitute for the usual
end-of-year evaluation and portfolio.
Also, it is my understanding that a few private
schools quietly allow local students to enroll and do “independent studies”
at home, despite the PDE’s interpretation of the law, and some districts do
not contest this. In a case like
this you would, of course, have to pay tuition and meet the school’s
requirements regarding schoolwork, documentation, etc. I do not have specific information
about any such schools.
Knowledgeable local homeschoolers can tell you more about the possible
existence of these options in your area. In general, though, these situations are rare. I do not know of anyone who has ever successfully
used this option in PA. Pennsylvania does not have
a formal religious exemption option specifically designed for
homeschoolers. However, it is my
understanding that a handful of homeschoolers have made individual, informal,
sometimes unspoken agreements with their school districts in this
regard. Some folks in
PA are considering whether the recently-enacted Religious Freedom Act can
apply in some way, for some people, to the requirements of the PA home
education law. The text of the
act can be found at http://www.legis.state.pa.us/WU01/LI/BI/BT/2001/0/SB1421P2382.HTM. This is a new law, and it remains to be seen whether it will prove
useful to homeschoolers. The law is quite complex, and I am not a
lawyer. Here is my simplified
understanding of the law’s requirements, but please do not rely on my
description. You should consult
with a lawyer if you are interested in using this law. Basically, to use the RFA, you would have
to give the district written notice, by certified mail, return receipt
requested, Keep in mind that whatever you object to
doing (whether it's reporting to the district in general, or a specific part
of reporting, such as keeping a log or turning in samples or whatever), has
to do one of the following in order to qualify: The school district can argue that the
requirements are "In furtherance of a compelling interest of the
agency," (such as making sure your kids have at least a basic
education), but they then have to use "the least restrictive means of
furthering the compelling interest." I have been
told that this law can also be used as a defense (for example in a truancy
case), without prior notice having been given. In this case, a family would simply ignore the school
district, and not file an affidavit or an RFA notice. It would only become an issue if the
family came to the school district’s attention. Obviously, there would be pros and cons to this approach,
and it would be wise to seek legal advice before going this route. (See also Underground
Homeschooling) In either
case, if you think the RFA would apply to your family, you will need to do
your homework. I would not try
to use this law without 1) reading the entire law for yourself, 2) carefully
clarifying how the homeschooling law conflicts with your religious beliefs,
as per the requirements of the RFA, and 3) consulting extensively with a
lawyer, most likely HSLDA. I am
usually a do-it-yourself person, but in this case I would have a lawyer write
the notification letter for you.
It is a formal statement of what you're claiming, and it will have to
be worded carefully to meet the requirements of the law. The Religious Freedom Act is a new law, and it remains to be seen
whether it will be a viable option for homeschoolers in PA. It is my understanding that some
families have decided to attempt to use the RFA for the 2003-2004 school
year. I have no information yet
as to how it’s going. It will be interesting to see whether the
RFA becomes a viable option for homeschoolers in PA. I can imagine situations where it
could clearly apply, such as the case of a parent who feels a religious call to
homeschooling but who does not have the required high school diploma. (In such a case, the school district
might waive the diploma requirement but not the rest of the
requirements.) Whether it has
more general applicability, and especially whether it can be routinely used
to waive all of the home education law’s requirements, remains to be
seen. See http://www.hslda.org/docs/news/hslda/200301/200301162.asp
for an article by HSLDA about the RFA.
There is another article at http://www.hslda.org/hs/state/pa/200302240.asp
, and HSLDA has prepared an informative packet of information for families
who are considering using this law. Again – this is a new law, and it remains to be seen whether it
will prove useful to homeschoolers. A few parents choose not to comply with the law,
and to homeschool "underground". There are many reasons for this choice, ranging from
carefully thought out religious or philosophical concerns, to just plain not
getting around to it (perhaps due to other pressing family issues, such as a
recent move). Just to be clear:
homeschooling underground is against the law. PA state education law is based on the compulsory attendance law. Basically, all school-aged children must either attend a public school, enroll in a public cyber charter school, attend a private school, be privately tutored, or do an affidavit and portfolio as per the home education law. If you homeschool but you do not do one of the above, your child can be considered truant. This is true regardless of how much your child is learning, or how much you have been teaching. My personal opinion is
that, for most families, going underground is not worth the stress and
possible consequences, unless it is for well-thought-out personal religious
or ideological reasons. The PA home
education law sounds incredibly overwhelming at first glance, but in actual
practice the requirements can be fulfilled with a minimum of extra effort. However, I have known several
families who did not register their children for several years, and they
experienced no negative consequences.
Your experience may of course be different. Please think carefully
about the pros and cons of going this route. Here are some things to consider. Some of these things may be a concern
for you, others may not. I have
included this list to help you make the decision that is right for you and
your family. Take what you like
and leave the rest. · Carefully consider how you feel about the risks involved. Being underground carries with it the ongoing possibility of truancy charges. For some, this would not be a big deal. For others, it would be an ongoing source of worry and, if charges were brought, a serious problem. For an excellent summary of truancy law, see the Juvenile Law Center's Fact Sheet on Truancy. Of course, going legal has risks too. According to the PDE, about one in a hundred home education students have their portfolios deemed “inappropriate” by their superintendent, though only one in a thousand – about 20 total a year -- end up in hearings about it. See my Act 169 Statistics page. · Are you in a custody battle or other situation where you need the veneer of respectability that being legal can provide? (Or where failing to register can be used against you?) · It is probably wise to put some prior thought into the details of going underground. For example, you may want to carefully consider who, if anyone, you will tell about your underground status. In order to avoid problems, will you be willing to lie about it, or will you be open about it? How will you discuss the situation with your children? Will you ever feel compelled to ask them to lie about it? Be aware that this kind of information, once given out, can spread. For example, I am aware of the underground status of at least one family in my area whom I have never met. · Carefully consider your particular community – do you live in a small community where you will be running into school officials socially, such as at clubs, sports, the pool, or at church? Will this be a concern for you? Or do you live in a city where you can be somewhat anonymous? · Will you run into any problems documenting your child’s education, since they have no legal paper trail? I don’t know, but it’s worth thinking about. This may or may not be a concern, depending on a number of factors. · Consider what records you will want to keep “just in case”, compared to the records that you believe the law requires. (This will be different for different families.) · Especially if you are “outside the mainstream’” in many of your parenting and lifestyle choices, you will need to consider whether truancy has the potential of opening a can of worms regarding state concerns about your family. Again, for some people this is not a concern; for others, it is a serious consideration. · Also remember to consider/include/respect the feelings and concerns of your spouse and/or anyone who gives you substantial support in your homeschooling and parenting. Most homeschoolers in PA choose to comply with the law. A few choose to go underground. It is a very personal decision that should not, in my opinion, be made lightly. I do not recommend going underground unless you have clear personal religious or ideological reasons for it, and unless you fully understand the possible consequences and are able to accept responsibility for them. (See also Religious Exemption.) Is the parent required to do all the teaching? No. The supervisor of the program is ultimately responsible for the provision of instruction and filing with the district, but is not required to provide all of the instruction personally. Many homeschoolers participate in cyber schools, correspondence schools, video schools, local classes, co-ops, scouting, museum or library programs, etc, where instruction is given by someone other than the parent. Can someone else homeschool my child? The PA home education law was intended to apply to families who teach their own children. Your child can spend most of their time with another person (such as a grandparent or another homeschooling mom), who provides most of your child's instruction. However, you, the parent, will still need to meet the requirements for a homeschool supervisor and you will need to be the person who files the paperwork (affidavit and portfolio) with the school district. If you work during school hours, your child will need both child care and schooling - they may or may not happen at the same time. You can have someone care for your child during school hours, and school them yourself nights and weekends. (This is not easy.) Or you can find someone who can both care for your child and provide some or all of their schooling. Hiring a private tutor or using a cyber charter school may also be the right choice for you. Who must report to the school district? You must file assorted paperwork for each child you will be homeschooling when he or she is between the ages of 8 to 17. If your child is not yet 8, and has not been to 1st grade or above, you do not need to report to the school district in any way (you don’t have to file an affidavit, keep a log, submit a portfolio, etc.), and most parents choose not to. If your child turns eight before or during the first two weeks of the annual school term, (or within the first two weeks of the second semester, if the school district in which you reside promotes students semi-annually (which few if any districts do anymore)), the affidavit needs to be filed by the child's birth date. If the child turns 8 during the school term, the affidavit should be filed prior to the beginning of the next school year. If the child has been enrolled in any school in grade 1 or above, you must file an affidavit whenever you begin homeschooling, regardless of the child's age. This
page is designed as an OVERVIEW of the law. I am not a lawyer.
You will need to seek more knowledgeable advice before choosing one of
these options. I could be wrong! Opinions vary on some points of the law, and I have tried
to present the range of opinions so that you may choose what's right for your
family. |
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