The Private Tutor Option
IMPORTANT NOTE:
The private tutor option has been around for a long time – longer than the home ed law. It is another one of those things that seems to be handled 501 different ways in the 501 different PA school districts. Especially since new regulations were enacted in October 2004, your district may not use the procedures outlined here. (They may be unaware of the new regulations.)
Contact the
PDE if you feel your district is handling the private tutor option
inappropriately. See also my
page about handling
school district problems.
However, sometimes districts change things, especially when new administrators are hired. Therefore, I suggest that you read and understand the current regulations, so that you are prepared if your district decides to change their procedures.
REFERENCES:
24 PS 13-1327 Compulsory school attendance
22 Pa. Code § 11.31. Pupils not enrolled
in public schools due to private tutoring
Conversation with Sarah Pearce of the PDE, 2/24/05.
Correspondence between Sarah Pearce of the PDE and a homeschooling mom re: tutoring students from more than one family. 4/3/08.
THIS PAGE IS NOT
INTENDED AS LEGAL ADVICE.
Please consider your options carefully, and seek
advice from others more knowledgeable than I, such as the PDE, if you are
interested in pursuing the private tutor option. I am NOT a lawyer, and this page is not intended as legal advice.
Homeschoolers have a
lot of choices available to them.
Please take the information you find useful from these pages and
ignore the rest.
This
Web Page by Pauline Harding for Art Nurk, askpauline@comcast.net.
Please do not copy the information on this page without permission.
Feel free to link to this page.
Although most families in Pennsylvania homeschool under the PA Home Education Law, there are several other options. Perhaps the most popular is the PA private tutor provision, which, unlike the home education law, does not require standardized testing or routine portfolio review. Parents who hold a PA teaching certificate, or who hire a private tutor who does, may qualify to use this provision. 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.
The law says:
…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.
Now, I'd love to give you a quick and easy rundown on this option, but it's not that simple. Unfortunately, there are significantly different interpretations of this law, depending on who you talk to. You, the PDE, HSLDA, and your school district may all have very different ideas as to what the law requires. If you and your district agree, then you're probably OK, even if the PDE has a different interpretation, as long as the district's position doesn't change (which it sometimes does when a new administrator is hired). If you and the PDE agree, but your district does not, then you, with the PDE's help, can usually convince your district to go along with the PDE's interpretation. To make it even more complex, HSLDA has an entirely different interpretation of what is required of private tutors.
Confused? So am I. So let's start with the basics - the PDE's interpretation.
In October
2004, the PA Department of Education (PDE) changed their regulations (which are part of what's called "The Code"), in an attempt to clarify the procedures for private tutoring.
·
To qualify, the tutor must 1) hold a PA teaching certificate, 2) teach one or more children who
are members of a single family, 3) provide the majority of the instruction to
these children, and 4) receive a fee or other consideration for their
services.
Private tutors may have a Level I or Level II
teaching certificate. The PDE takes the position that they must
keep their certificate active by meeting the continuing education
requirements in Act 48. However, some school districts do not challenge private tutors who have inactive certificates. (This is
different from home education program evaluators, who are specifically
exempted from Act 48 requirements. See More About Act 48. )
·
At the beginning of each school year, the parent must notify the district that their child(ren) will be
privately tutored, and provide a copy of the tutor’s PA teaching certification
and criminal history record. (Some districts require the criminal history record annually, some require it only once every five years.) In a significant
change from the old regulations, the superintendent does not have the right
to approve the tutor.
The PDE suggests that the notification letter should contain the names of the children and a statement that the tutor meets the qualifications listed above.
If you are concerned that your district may be unaware of the new regulations, and you'd like to inform them, you could include a copy of the law and code with your notification letter - here is a nice printable version in .pdf form or in .doc form.
·
At the end of each school year, the parent must provide the district with written assurance that the instructional
requirements have been met.
Note that previously, this assurance had to be provided in advance. This change was subtle -- the
language in the regulations changed from “…written assurance from the parent that the instructional
requirements listed in this section shall be met” to “The parent shall provide written assurance
that the instructional requirements listed in this section have been met.” (Emphasis mine.)
·
Documentation: In
the past, the documentation requirements for privately tutored students were
unclear. The old regulations
stated that the superintendent could, at the end of the year, require
evidence that demonstrated that the student was making satisfactory progress
and that the required subjects were taught for the time prescribed. In practice, some districts did not
require any documentation; others expected the same type of extensive
documentation from privately tutored students as they received from
home-educated students.
Under the new regulations, privately tutored students do not have to
routinely provide extensive documentation showing that they have met the subject
and instructional time requirements.
The parent’s annual written assurance that the instructional
requirements have been met is sufficient. However, if the superintendent receives a complaint
“...that a student is not being provided instruction for the time prescribed or
that a student is not making satisfactory progress in the tutoring program,
the superintendent may request evidence of student academic progress and
documentation that instruction is provided for the required number of days
and hours. Evidence of
satisfactory progress may include samples of student work, assessments,
progress reports, report cards and evaluations. Documentation of instructional time may include logs
maintained by the tutor or parent, attendance records or other records
indicating the dates and time instruction was provided.”
Thus while privately tutored students are not required to submit
documentation routinely to the district, they are expected to be able
to produce such records if there is a complaint. Note that the extensive due process procedure in the home
education law (which gives the family time to pull together the
documentation, outlines the procedure if the superintendent determines that
the documentation is not sufficient to show appropriate education, and allows
for a hearing and an appeal) does not apply to privately tutored students.
·
Special
Education: If the parents have concerns that
their child might have special needs, the child has the right to evaluation
(by federal law) and the results of the evaluation will be discussed with the
parent. However, the student
does not have the right to special ed services from the school district. Unlike home education programs, there
is no pre-approval requirement for students who have already been identified
as special ed.
·
Tutoring students from more than one family: Sarah Pearce at the PDE has stated "A person who is private tutoring under the law, 24 P.S. Sec. 13-1327, is to tutor only children from a single family. If a tutor wishes to teach children from multiple families, the families should file under the home education law, 24 P.S. Sec. 13-1327.1. The supervisor of a home education program is responsible for the provision of instruction, but is not required to be the teacher for all subjects."
·
Other
Requirements: There is no requirement that
privately tutored students take standardized tests, nor do they need to be
evaluated. There is no special
procedure for students who have been identified as special ed. Parents need not submit educational
objectives. There are no medical requirements. Parents need not have a high school diploma. Some PA
diploma programs, such as Erie, can be used by privately tutored
students; others, such as PHAA, can not.
·
There is some controversy as to whether the
private tutor option can be used by a parent to tutor their own children.
Unfortunately, even with the new
regulations there is still disagreement as to whether a parent who holds a PA teaching
certificate is eligible to tutor their own children under this part of the
law. Some families have been
doing this for many years without difficulty; some have changed their district's position with a letter explaining their own point of view, a very few have had serious
problems around this issue. The PDE does not
take a position on this; rather, they state that each school district, in
consultation with their solicitor, must determine their own position. This issue has not been tested in court.
The issue generally hinges on the
requirement that the tutor receive “a fee or other consideration” for
their services. Some districts take the position that it is not possible for one parent to pay the other. Tutoring families handle the payment requirement in many ways - from taking the parent-tutor out to dinner once a month, to making monthly contributions to the parent-tutor's Individual Retirement Account.
Now, as I mentioned above, all of this is the PDE's interpretation of the law and the Code. As I understand it (and remember, I am not a lawyer and boy is this stuff confusing), HSLDA has a significantly different interpretation. They take issue with whether there is statutory authority to issue regulations (the Code) governing a properly qualified private tutor. They feel some of the requirements in the Code are contrary to or not supported by the law. And they feel the Code is unconstitutionally vague about the standards for determining satisfactory student progress. If you feel the requirements in the Code are unacceptable to you, you might wish to contact HSLDA.
If you are
considering tutoring your own children, I suggest you do the following:
-- First, familiarize yourself with the law and
the regulations, by reading this page, including the references below.
--Then, contact
the PDE, to clarify anything you are unsure of.
--Ask around in your district to see if other families are using this option, and if so how the district is handling it. Your district may or may not be familiar with the private tutor provision. Even if they are, they may not be familiar with the recent changes.
--You may wish to make it clear in your notification letter that the tutor meets the requirements in the law. You may also wish to include copies of the law and code (here in .pdf form or here in .doc form), if you feel it would be to your benefit for the district to be familiar with them.
--Note that if your district believes that you cannot tutor your own children, you can try to change their mind - see my district problems page. These disagreements can often be solved with a letter explaining your interpretation of the law.
REFERENCES:
·
The law regarding private tutoring can be found at the end of 24 PS 13-1327 Compulsory school attendance:
…Regular
daily instruction in the English language, for the time herein required, by a
properly qualified private tutor, shall be considered as complying with the
provisions of this section. For the purposes of this section, "properly
qualified private tutor" shall mean a person who is certified by the
Commonwealth of Pennsylvania to teach in the public schools of Pennsylvania;
who is teaching one or more children who are members of a single family; who
provides the majority of the instruction to such child or children; and who
is receiving a fee or other consideration for such instructional services. 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.
·
The new regulations regarding private tutoring can be found in 22 Pa. Code § 11.31. Pupils not
enrolled in public schools due to private tutoring. Note that the superintendent can no longer
approve the tutor, and can ask for extensive documentation only if there is a
complaint. This is a significant
change. Note also the subtle
change from requiring “…written assurance from
the parent that the instructional requirements listed in this section shall
be met”, (to be submitted as
part of the approval process at the beginning of the year), to “The parent
shall provide written assurance that the instructional requirements listed in
this section have been met”, (presumably provided at the end of
the year). Note also that, in cases
where the superintendent asks for further documentation, the private tutor
option does not include the extensive due process guidelines offered by the
home education law.
These regulations were enacted in
October of 2004. It is likely
that it will take some for the 501 school districts to become aware of the
changes.
Here is the text of the code:
EXCUSALS
FROM PUBLIC SCHOOL ATTENDANCE
§ 11.31. Students not enrolled in public schools due to private
tutoring.
(a) Private tutoring requirements.
(1) The instruction of students not
enrolled in public schools due to private tutoring by a qualified tutor under
section 1327 of the Public School Code of 1949 (24 P. S.
§ 13-1327) must include for elementary school level students:
English, including spelling, reading and writing; arithmetic; geography; the
history of the United States and Pennsylvania; science; civics, including
loyalty to the State and National government; safety education, including
regular and continuous instruction in the dangers and prevention of fires;
health, including physical education and physiology; music; and art.
(2) For secondary school level
students, the instruction must include: art; English; health; mathematics;
music; physical education; science; and social studies, including civics,
world history, United States and Pennsylvania history.
(3) The instruction may include, at the
discretion of the tutor, economics, biology, chemistry, foreign languages,
trigonometry or other age appropriate planned instruction as contained in
Chapter 4 (relating to academic standards and assessment).
(4) The instruction must be given
during the school year for a minimum of 180 days of instruction or for a
minimum of 900 hours of instruction for an elementary level student and a
minimum of 990 hours of instruction for a secondary level student as the
equivalent of 180 days of instruction.
(b) Documentation regarding private tutoring.
(1) School district approval is not
required to commence private tutoring.
(2) The parent shall provide written
assurance that the instructional requirements listed in this section have
been met.
(3) When a superintendent receives a
complaint that a student is not being provided instruction for the time
prescribed or that a student is not making satisfactory progress in the
tutoring program, the superintendent may request evidence of student academic
progress and documentation that instruction is provided for the required
number of days and hours.
(4) Evidence of satisfactory progress
may include samples of student work, assessments, progress reports, report
cards and evaluations.
(5) Documentation of instructional time
may include logs maintained by the tutor or parent, attendance records or
other records indicating the dates and time instruction was provided.
·
The old
regulations regarding private tutoring said:
EXCUSALS FROM PUBLIC SCHOOL
ATTENDANCE § 11.31.
Pupils not enrolled in public schools due to private tutoring.
(a) Private tutoring by a properly qualified tutor shall be subject to the
annual approval of the district superintendent of schools. The instruction
shall include for elementary school level students: English, including
spelling, reading and writing, arithmetic, geography, the history of the
United States and Pennsylvania, science, civics, including loyalty to the
State and National Government, safety education, and the humane treatment of
birds and animals, health, including physical education and physiology, music
and art. For secondary school level students, the instruction shall include:
art, English, health, mathematics, music, physical education, science and
social studies, including United States and Pennsylvania history.
The instruction shall be given during the school year for a minimum of 180
days of instruction or for a minimum of 900 hours of instruction for an
elementary level student and a minimum of 990 hours of instruction for a secondary
level student as the equivalent of 180 days of instruction.
(b) The superintendent’s approval of the tutor shall be by acceptable
evidence of the tutor’s ability to teach the program to the pupil and by
written assurance from the parent that the instructional requirements listed
in this section shall be met. If approval is granted, the superintendent may
afterwards also require evidence deemed necessary to demonstrate that the
pupil is making satisfactory progress in the tutoring program and that the
required subjects are being taught for the time prescribed.
·
More About Act 48 and Act 35:
However, some school districts do not challenge tutors who have inactive certificates, generally either because they are unaware of the PDE's interpretation of the law, because they interpret the law differently (see About Act 35), or (especially in smaller districts) because they feel that the particular tutor is competent to do the job. My impression is that quite a few people who have inactive certificates act as private tutors. It is only an issue if the local school district decides to make it one. If you decide to tutor with an inactive certificate, be sure to be aware of the laws and to understand that you may have problems if the district decides to enforce the PDE's interpretation of the law.
If your certificate is inactive, but you'd still like to tutor, I suggest you talk to the PDE to verify/understand their interpretation of Acts 35 & 48. You will also want to read About Act 48 & 35.
If you like, you can ask your district about it, to get their interpretation of the law. (Be aware that, especially if you are the first in your district to use the private tutor option, they may know less about the law than you do.) Be aware that they may then call the PDE for help interpreting the law.
Or you just can go ahead and file a notification letter and not make an issue of the Act 48 credits and hope that the district doesn't either. (If they do, you can try arguing that Act 35 does apply to private tutors - see below - just be aware that the PDE won't back you up on this.) Be aware that you may have problems if the school district decides to challenge your qualifications (perhaps due to a change in district personnel). It may be wise to at least begin the process of re-activating your certificate.
Why is this so complicated? Mainly because there is some confusion/disagreement over the Act 48 regulations as they apply to private tutors - please read the section below.
After Act 48 was passed, Act 35 was passed to clarify some things. Act 35 included a clause that was apparently intended to exempt home education program evaluators from the Act 48 requirements. This clause says:
"(e) The requirements of this section and section 1205.2 do not apply to a professional educator not employed by a school entity
who serves as an evaluator of a home education program authorized under section 1327.1(e)(2)
or who provides private tutoring services as part of a home education program under section 1327.1."
Unfortunately, the last part of this clause was poorly worded, causing some confusion. From what I understand, the PDE believes this clause, "who provides private tutoring services as part of a home education program under section 1327.1.", does NOT apply to certified teachers working under the private tutor law - they still have to meet the Act 48 requirements. This is because the tutoring services they provide are NOT part of a home education program under 24 PS 13-1327.1 Home Education Program
In fact, the clause actually makes no sense whatsoever, because people who provide "private tutoring services as part of a home education program under section 1327.1.", that is, people who tutor home educated students, do not have to meet any particular requirements anyway -- they need not even be certified teachers. Home educated students may be taught/tutored by anyone their parents choose to hire.
However, it is possible that a particular school district may interpret this clause to mean that private tutors do not need to meet the Act 48 requirements, and you can certainly encourage your district to do so.
It's difficult to find specific information and references about this online. See Act 48 Q&A, question 20 (from the PDE), and Senate Bill 485 Bill Information (Act 35 - see page 10 of the latest "as printed" version.), but your best bet if you need further information or verification is to contact the PDE.
I again remind you that all of this is the PDE's interpretation of the law. If you and your school district have a different interpretation, and you both agree, then there should be no problem, unless the school district changes their interpretation mid-stream (often because of changes in personnel).
The Code and the Law:
Homeschoolers and school districts generally must follow both the PA Law and the PA Code. Here's how it works, as I understand it: Laws are enacted by the state legislature. The PDE has the authority to adopt regulations based on those laws, and based on any court cases that have clarified the laws. These regulations make up the Code. (This is why it’s important for any proposed new homeschooling law to include as much detail as possible, as those details which are left out will be filled in by the PDE via regulations.) As I understand it, in a court of law, the regulations in the code have essentially the same effect as laws.
See also:
-- This article from HSLDA, referring to problems in '02-'03 and presumably written before the October 2004 changes to the Code. As I understand it, HSLDA has similar objections to the new Code.
-- This information from PHEA, which, as of 8/06, is mainly a discussion of the legal underpinnings (or lack thereof) of the pre-2004 Code's 'superintendent approval of the tutor' clause. As noted above, this clause is no longer in the Code (possibly because of the reasons given in this article). Be sure to read the current version of the Code before using the Private Tutor option!
-- And here is some information from the PDE about Teaching in PA, and about PA Teaching Certification. Here are some Updated Act 48 Questions and Answers (PDF).
-- Here is a nice printable version of the code and law in .pdf form or in .doc form, so you can include it with your correspondence with the school district.