Legal/Homeschool Laws
Laws that regulate home education vary from state to state. It is important to understand the legal requirements in your state and to be aware of legislative and other legal issues that affect homeschoolers in your community. We've compiled resources that will help you become informed. Although homeschooling is legal in all 50 states, and the vast majority of homeschoolers face no problems, you may find that you need legal assistance at some point in your homeschooling career. We've compiled a list of resources to help you find the support you need. And if you'd like to become more involved in working towards homeschooling freedoms, we discuss some of the issues facing homeschoolers that we hope you find compelling.
State Laws
Read the laws regulating home education in Ohio and browse through the case law and legal opinions relating to those laws, along with government publications relating to homeschooling and summaries of the laws.
Forms
Which forms do you need to fill out? Where can you get them? Here is a list of useful forms for homeschooling in Ohio.
Legal Support
If you need legal information or have run into a legal situation regarding your decision to homeschool, these resources will be helpful.
Lobbying Groups
A listing of local and national lobbying groups and information on how you can become involved in the political process to ensure the freedom to homeschool is protected.
Attorneys
When searching for an attorney, it is helpful to know whether he or she has experience working with homeschoolers and is interested in protecting the right to homeschool.
Legal Issues
Is homeschooling legal? Which laws pertain to homeschoolers and which don't? How do homeschoolers protect their rights to freely educate their children and to preserve their privacy?
Government Resources
A listing of local and state government resources, including your state's Department of Education, school districts, and Senate and House of Representative information.
What's Popular
Ohio Court of Appeals Rules in Favor of Parents
In Ohio v. Adaranijo, decided on July 18, 2003, the court held that "Of course, the state has a legitimate interest in protecting children from harm…[but] nothing in the domestic-violence statute prevents a parent from properly disciplining his or her child." The court went on to say, "Courts should be slow to intervene between parent and child. The criminal court is not the place to resolve petty issues of discipline. The domestic violence laws are meant to protect against abuse, not to punish ...
Ohio State Statutes Related to Home Education
Includes all of the state code related to homeschooling in pdf format.
Ohio Home School Laws from HSLDA
The Home School Legal Defense Association provides a brief summary of the homeschooling laws in Ohio. Includes a link to a legal analysis of laws relating to homeschooling in Ohio.
3301-34-06 Placement in school.
The school district of residence shall enroll or reenroll a child who has been home educated without discrimination or prejudice. The superintendent shall determine the appropriate placement of such child in accordance with section 3319.01 of the Revised Code. In making the placement decision, the superintendent shall consider:
(A) The child's most recent annual academic assessment report;
(B) Requiring the child to take any or all of the nationally normed, standardized achievement tests t...
Ohio Home Education Notification Form
Home Education Notification Form provided by Erie Islands Homeschool Association (EIHSA).
An Examination of the Regulations Regarding Home Education and 08 Schools
There is a measure of freedom for 08 schools but the greatest freedom is experienced by home educators. We, who choose to home educate, have the freedom to provide a schedule flexible to the family’s needs. We have the freedom to teach one day a week or five, or all seven. As long as we meet the required 900 hours, how we choose to do it is up to the individual family. We have the freedom to use whatever curricula we choose. Home educators have the freedom, to use the hours for whatever type of ...
3301-34-05 Remediation.
(A) If the annual academic assessment indicates that the child is not demonstrating reasonable proficiency, the superintendent shall notify the parent(s) in writing that an appropriate plan of remediation shall be submitted by the parent(s) to the superintendent within thirty days after receipt of such notification.
(B) During remediation the parent(s) shall submit a quarterly report to the superintendent which includes:
(1) A written narrative evaluating the child's progress, including an...
3301-34-01 Definitions.
The following terms are defined as they are used in this chapter.
(A) "Certified teacher" means a person who holds a valid Ohio teaching certificate, excluding the certificate issued under section 3301.071 of the Revised Code.
(B) "Home education" means education primarily directed and provided by the parent or guardian of a child under division (A)(2) of section 3321.04 of the Revised Code which child is of compulsory school age and is not enrolled in a nonpublic school.
(C) "Parent" means a...
3301-34-02 Statement of purpose.
The purpose of the rules in this chapter is to prescribe conditions governing the issuance of excuses from school attendance under section 3321.04 of the Revised Code, to provide for the consistent application thereof throughout the state by superintendents, and to safeguard the primary right of parents to provide the education for their child(ren). Home education must be in accordance with law.
Where should Ohio homeschoolers send Home Education Notification Forms?
Because of a recent change in wording in the Ohio Revised Code 3321.04, there has been some confusion as to where Ohio homeschoolers should send their homeschool notifications.
3301-34-04 Academic assessment.
(A) The parent(s) shall send to the superintendent an academic assessment report of the child for the previous school year at the time of supplying subsequent notification.
(B) The academic assessment report shall include one of the following:
(1) Results of a nationally normed, standardized achievement test.
(a) Such test shall be administered by:
(i) A licensed or certified teacher; or
(ii) Another person mutually agreed upon by the parent(s) and the superintendent; or
(iii) ...
Recommended Procedure for Home Education Notification
A discussion of the procedure for notification of the intent to homeschool.
Academic Assessment Report, Option #1 - Achievement Testing
Academic Assessment Report, Option #1 - Achievement Testing provided by Erie Islands Homeschool Association (EIHSA).
Home Education Notification Form
Use to notify the superintendent of your local school district, city, or county of your intent to homeschool.
Part-Time Participation: Problems and Pitfalls
Discusses testing with school districts, Ohio Proficiency Tests, assessment options and filing procedures, and participation in school-offered testing.
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