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State of Ohio Homeschooling Regulations

(Note: This information is provided for information only. You may obtain a copy of the regulations from your superintendent or from the Ohio Department of Education.)

3301-34 Department of Education
Ohio Administrative Code, Chapter 3301-34
Excuses from Compulsory Attendance for Home Education
Promulgated pursuant to Ohio Revised Code, Chapter 119


3301-34-01 Definitions

The following terms are defined as they are used in this chapter.

HISTORY: Eff. 8-1-89
Rule promulgated under: RC Chapter 119.
Rule authorized by: RC 3321.04
Rule amplifies: RC 3321.04
119.032 Review Date: 2-26-99

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.

HISTORY: Eff. 8-1-89
Rule promulgated under: RC Chapter 119.
Rule authorized by: RC 3321.04
Rule amplifies: RC 3321.04
119.032 Review Date: 2-26-99

 

3301-34-03 Notification

(A) A parent who elects to provide home education shall supply the following information to the superintendent:

(B) The information required in paragraph (A) of this rule may be provided on a form prescribed by the superintendent of public instruction.
(C) The superintendent shall review the information submitted within fourteen calendar days of receipt thereof and shall determine if it is in compliance with the provisions of paragraph (A) of this rule.

(D) If the additional information supplied either in writing or in conference is not in accordance with the requirements set forth in paragraph (A) of this rule; or notwithstanding the fact that the parent has complied with the provisions of this rule, if the superintendent has substantial evidence that the minimum educational requirement of paragraph (A) of this rule will not be met, the superintendent shall declare his or her intent to deny the excuse.

(E) The superintendent shall file in his office a copy of the information supplied; a copy of the excuse, if any; papers showing how the qualifications of the person instructing the child was determined; and all other documents relating to the information and the actions thereon.

(F) Upon transfer from a district in which the child has been excused from compulsory school attendance for the purpose of home education, the last district of residence shall, upon the request of the parent(s), forward to the new district of residence a copy of the information supplied and related documents.

(G) At the request of the parent, a child who has been excused from compulsory school attendance for the purpose of home education may be enrolled in a chartered public school in the school district of residence as determined under section 3313.64 of the Revised Code on a part-time basis.

(H) Upon substantial evidence of cessation of home education in accordance with this chapter, the superintendent shall notify the parent(s) of the intent to revoke the excuse from attendance and the parent's right to a due process hearing pursuant to paragraph (D) of this rule. If, after the due process hearing, the excuse is withdrawn the superintendent shall notify the parent(s) in writing to enroll the child in a school that is in compliance with Chapter 3301-35 of the Administrative Code. The superintendent shall also notify the parent(s) in writing that the parent(s) has the right to appeal the superintendent's decision to the juvenile judge of the county, within ten calendar days, in accordance with section 3331.08 of the Revised Code.

HISTORY: Eff. 8-1-89
Rule promulgated under: RC Chapter 119.
Rule authorized by: RC 3321.04
Rule amplifies: RC 3321.04
119.032 Review Date: 2-26-99

 

3301-34-04 Academic Assessment

(A) The parent(s) shall send to the superintendent an academic assessment report of the child of the previous school year at the time of supplying subsequent notification.

(B) The academic assessment report shall include one of the following:

(C) If the parent(s) chooses to have the standardized testing conducted as part of the school district scheduled testing program, there shall be no cost to the parent(s). The time and location for testing shall be established by the school district.

(D) If parent(s) chooses to have the standardized testing conducted privately, the parent(s) shall pay for the testing. The time and location for testing shall be established by the parent(s).

HISTORY: Eff. 8-1-89
Rule promulgated under: RC Chapter 119.
Rule authorized by: RC 3321.04
Rule amplifies: RC 3321.04
119.032 Review Date: 2-26-99

 

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:

(C) Remediation may be eliminated at any time during the year upon determination by the superintendent that the child is demonstrating reasonable proficiency. At the time of such determination, the superintendent shall notify the parent(s) in writing that remediation is no longer needed.

(D) If the child does not demonstrate reasonable progress during remediation, the superintendent may, subsequent to a due process hearing, under paragraph (D) of rule 3301-34-03 of the Administrative Code, if requested by the parent, revoke the child's excuse from attendance and notify the parent(s) in writing to enroll the child within thirty calendar days in a school that is in compliance with Chapter 3301-35 of the Administrative Code. The superintendent shall also notify the parent(s) in writing that the parent(s) have the right to appeal the superintendent's decision to the juvenile judge of the county, within ten calendar days, in accordance with section 3331.08 of the Revised code.

HISTORY: Eff. 8-1-89
Rule promulgated under: RC Chapter 119.
Rule authorized by: RC 3321.04
Rule amplifies: RC 3321.04
119.032 Review Date: 2-26-99

 

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:

HISTORY: Eff. 8-1-89
Rule promulgated under: RC Chapter 119.
Rule authorized by: RC 3321.04
Rule amplifies: RC 3321.04
119.032 Review Date: 2-26-99