Ohio General Assembly
Ohio Home Schooling
Compulsory School Age
Between 6 and 18 years of age.
Homeschooling regulations are promulgated under
the State of Ohio Administrative Code (OAC). Proper notification must be
given to the superintendent each school year. Parents must meet minimum
qualifications. Nine hundred (900) hours of home education must be
provided each year and include a number of specified subjects. An annual
academic assessment report of the child is required and may consist of
standardized testing, a written narrative, or other mutually agreed upon
assessment.
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 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 divisions (a) (2) of section
3321.O4 of the revised code which child is of compulsory school age and
is not enrolled in a nonpublic school.
(C) "Parent" means a parent, guardian or other person having charge
or care of a child as defined by section 3321.01 of the revised code.
(D) "School district of residence" means the public school district
within which the parent resides.
(E) "Superintendent" means he superintendent of schools of the city,
county, or exempted village school district in which the parent resides.
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.
3301-34-13 NOTIFICATION
(A) A parent who elects to provide home education shall supply the
following information to the superintendent:
- School year for which notification is made;
- Name of parent, address, and telephone number (telephone number
optional);
- Name, address and telephone number (telephone number optional)
of person(s) who will be teaching the child the subjects set forth
in paragraph (a)(5) of this rule, if other than the parent;
- full name and birth date of child to be educated at home;
- Assurance that home education will include the following, except
that home education shall not be required to include any concept,
topic or practice that is in conflict with the sincerely held
religious beliefs of the parent:
(a) language, reading, spelling and writing
(b) geography, history of the United States and Ohio; and national,
state and local government;
(c) mathematics;
(d) science;
(e) health;
(f) physical education;
(g) fine arts, including music; and
(h) first aid, safety, and fire prevention
- Brief outline of the intended curriculum for the current year.
Such outline is for informational purposes only.
- List of textbooks, correspondence courses, commercial curricula,
or other basic teaching materials that the parent intends to use,
and who will have the primary responsibility for instruction.
- Each child must receive at least 900 hours of instruction per
year (the equivalent of 180 school days) from a person with a high
school diploma or the demonstrated equivalent.
- Home instruction may be provided by a person who does not have a
high school diploma if he or she is working under the direction of a
person holding a baccalaureate degree from a recognized college
until the child's or children's test results demonstrate reasonable
proficiency or until the home teacher obtains a high school diploma
or the certificate of high school equivalence.
- The parent(s) shall affirm the information supplied with his or
her signature prior to providing it 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.
- if the superintendent, upon review of the information,
determines that it is in compliance with all requirements set forth
in paragraph (a) of this rule, the superintendent shall notify the
parent(s) in writing that the child is excused from school
attendance for the remainder of the current year.
- If the superintendent, upon review of the information,
determines that it is not in compliance with all of the requirements
set forth in paragraph (a) of this rule, the superintendent shall
state in writing the specific respects in which the information is
incomplete. The superintendent shall provide the parent an option
within fourteen calendar days, to:
(a) Supply additional information in writing, or
(b) arrange a conference at which the requested information can be
supplied.
(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 requirements of
paragraph (a) of this rule will not be met, the superintendent shall
declare his or her intent to deny the excuse.
- the superintendent shall so notify the parent(s) in writing
within fourteen calendar days, stating
(a) the reason(s) for the intent to deny the excuse, and
(b) the right to a due process hearing before the superintendent on
the reasons set forth.
- if a due process hearing before the superintendent is held, the
superintendent shall be responsible for providing a record of the
proceedings, including the oral testimony of witnesses and any
documentary evidence referred to in the hearing.
- based on the evidence presented at the hearing, the
superintendent may grant or deny an excuse from attendance. If the
excuse from attendance is denied, the superintendent shall notify
the parent(s)
(a) 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 333`.08 of the revised code; and
(b) that the parent(s) may be in violation of sections 3321.03 and
3321.04 of the revised code.
(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 qualification 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 parents(s),
forward to the new district of residence a copy of the information
supplied and related documents.
(G) At the request of a 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.
