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Pauline
Harding's Guide to Homeschooling |
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There’s
lots more homeschooling info on my site!
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! This Web Page by Pauline Harding for Art Nurk, hardingpj@yahoo.com. |
How do I find out what my school district requires for home education? Ask the district what they want, and ask other homeschoolers in your district what they've been handing in (but don't assume that what they hand in is *required*). Look at the law yourself, and talk to other homeschoolers across the state. I think my district is asking for things that aren’t required. What can I do about it? Basically, you start with the law. Read it for yourself. Lots of people (including me) try to be helpful by giving summaries, translations, examples, and opinions on the law, but there is no substitute for reading it for yourself. There are some parts of the law that are quite clear, and others that are not. For example, the law says "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. So the homeschool supervisor has to have a high school diploma or the equivalent. But we can all have different opinions on what constitutes an "equivalent". For example, my mother was educated in another country, where it was normal to leave school at 15. Would this count? Different people would have different opinions. But they all would have to agree that she would have to, in some way, meet the diploma requirement - that part of the law is clear. So you can read the law and decide what you think it says you have to do. Your school district also has an "interpretation" of the law, and so does the PA Dept of Ed (PDE). If your interpretation and your district's interpretation agree, (regardless of what the PDE thinks) then you're just fine. If they disagree, then you could have a problem. What can I do if I disagree with the district’s interpretation of the law? One way to resolve it is to consult with the PDE and see how they interpret the law. (See below for contact information.) Neither you nor the district has to agree with the PDE. However, in my experience, when the homeschooler's interpretation and the PDE's interpretation agree, the school district will usually back down and accept this interpretation. This is the case with turning in a copy of your high school diploma with your affidavit. The homeschooling supervisor must have a high school diploma or the equivalent. The PDE's position is that your statement in the affidavit is proof enough, and you do not need to turn in a copy of the diploma. (Unless the district has a specific reason to suspect that the supervisor does not in fact have a diploma - for example if the supervisor went to school in that district and did not graduate). Many homeschoolers have called the PDE about this question, or asked their district to call the PDE. In some cases, the PDE has sent a letter to the district on the homeschoolers' behalf. There's even a copy of one of these letters on the web, which you can print and use. (See my Affidavit Page for the link.) In these cases, the school district usually backs down and accepts the affidavit as proof, and the homeschooler does not need to produce a copy of their diploma. What if the PDE doesn’t agree with my interpretation of the law? In some cases, the PDE doesn’t agree with many homeschoolers. One example is the format of the log. The PDE does not feel that the log can simply be a list of books, even though many homeschoolers use this interpretation. They believe the law requires a full-blown daily log. In cases like this, obviously, the PDE won't be able to help you out. (By the way, it never hurts to talk to the PDE and get their interpretation. You don't have to agree with it, and you don't have to advertise it to your district if you don't agree with it.) However, if your interpretation does not agree with the PDE's, you
can still write your own letter to your district explaining your
position. Sometimes this is
effective, sometimes not. What happens if I do not comply with my district’s requirements? You can try to work it out, as I've explained above. If the problem is with the affidavit, and your child is not attending school while you work it out, your district could charge you with truancy. So it usually pays to work it out before you pull your child out. (Unless, of course, it's a safety issue. In that case, get your kid out. Either give the district what they want and worry about it later, or risk the truancy -- there might be a fine of a couple of hundred dollars.) If the problem is with the portfolio, there's a whole procedure outlined in the law. You should read the whole thing. But the bottom line is that, after a long procedure where the district gives you an opportunity to provide more documentation, if they’re still not happy, you could end up in a due process hearing. If you lose, you can appeal. If you lose the appeal, you will have to send your child to a school for a year. (It can be a private school if you prefer.) Out of about 24,000 homeschoolers in PA, the PDE statistics show that about 20 go to due process hearings each year. As you can see, this is very rare. If you feel that your religious beliefs do not allow you to fully comply with the law, you may wish to contact HSLDA (see below). What about the other homeschoolers in my district? If your district does not just interpret the law differently than you, but is actually asking for things that are clearly not required (such as home visits, or an interview with your child, or having your child take the PSSA), then you would be wise to contact other homeschoolers in your district. Share your concerns. Call a meeting in someone’s home or a local park to talk about it. It’s not necessary for you all to agree on everything in order to work together on a specific problem. Educate each other about the law – what it says, what it doesn’t say, how other districts handle things. Have someone call the PDE and get their point of view. Then work together to solve the problem. Above all, do not be afraid of your district. Homeschoolers will not all comply with the law in the same way. That’s OK. You each have to decide what you feel the law requires, and how your family will comply with that. Some of you will have thick portfolios; others will have thin ones. Some will have long evaluation letters; others brief ones. Some will have daily logs; others will have a book list and an attendance chart. Some of you will do “school at home”; others will take an unschooling approach. Some will use lots of textbooks, others will have many books from the library. That’s OK. It’s what makes homeschooling work so well – we can tailor it to the needs and abilities of our children and our families. A good education for every child does not mean the same education for every child. Teach your school district to expect this diversity. Educate them on what the law does and does not say. And stand together to resist those things that are clearly not required. Who can help me with legal questions? Local and state-wide homeschooling support
groups and e-mail groups can be helpful in answering legal questions. It can
also be useful to talk to other homeschoolers in your school district, who will
know about your district's usual practices. There is no substitute for
reading the
law yourself! Most homeschoolers in PA advise that you do not
give your school district anything that is not required by law. When your district is asking for
extras, or otherwise giving you a hard time, the following folks can be
useful contacts. Department of
Education Homeschooling Liaison If you have questions about whether your
district is following the law, it might be worth a call to the PDE. Sarah Pearce is once again the homeschooling
liaison at the PDE. I have found
her to be friendly and helpful. If
you have questions about whether your district is following the law, she’s the
one to call first. Sarah J. Pearce, Advisor, School Services Unit,
Office of Elementary/Secondary Education, Association
of Home School Attorneys AHSA is an informal network of attorneys
and legal experts in the United States supporting homeschooling and
homeschoolers by providing legal information about homeschooling issues,
empowering homeschoolers to have the legal tools they need to meet
homeschooling challenges, and providing a network of attorneys for legal
representation. Their legal directory lists
attorneys willing to consult with and/or represent homeschoolers. Home
School Legal Defense Association HSLDA is a Christian organization that, for $100
per family per year, may provide legal assistance if you face certain types
of legal problems concerning your homeschooling. They may be particularly useful to families who feel that
the requirements of PA law conflict with their religious beliefs. Should you join HSLDA “just in case”? That’s a very individual
decision. Talk to other
homeschoolers and get their input before you decide. Here’s my take on it. HSLDA served homeschoolers well in the early
days of the homeschooling movement, when homeschooling was illegal or
quasi-legal in many states. Even
now, when homeschooling is legal in all 50 states, many homeschoolers
consider HSLDA membership to be an essential piece of homeschooling. They like to have legal advice a
phone call away. On the other hand, some folks have serious
philosophical or religious differences with HSLDA, (they have a conservative
Christian philosophy, and they are not a single-issue organization). Most homeschoolers in PA do not
belong to HSLDA. Most
homeschoolers in PA will never need their services. Most confident homeschooling parents can handle minor
problems themselves, as I’ve described on this page. If you are considering HSLDA membership, look at
both sides of the issue before making your decision. Here are some links that
present both points of view. ·
Need I Join the Homeschool Legal Defense Association (HSLDA)? ·
Battling for the heart and soul of
home-schoolers ·
More Information on H.S.L.D.A. It is my understanding that HSLDA membership is
not the same thing as legal insurance, and that they may or may not decide to
take your case if you have a problem.
Custody cases where homeschooling plays a role seem to be particularly
problematic. They also may not
support those homeschoolers who take an "unschooling" approach,
rather than using standard curriculum materials in a more
"school-at-home" approach.
Read their materials carefully, and ask questions so that you know
exactly what you are getting for your money, and whether it’s the right
choice for you. Where else can I read about the PA Homeschooling Law? ·
The Law ·
Home Education in PA -
FAQs ·
Pennsylvania Home Education Network
(PHEN) ·
PA Homeschoolers ·
PA Home Education Handbook These pages are designed as an
OVERVIEW of the law. I have
included many links which will help you to understand and comply with the
law. If you decide to homeschool,
please read The Pennsylvania Homeschooling Law (at the DOE's
site) for yourself! I
am not a lawyer, and my remarks throughout my site reflect my research and my
impression of the general practice of the PA homeschooling community. I could be wrong! This is
complex stuff! 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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