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 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 the superintendent of schools of the city,
county or exempted village school district in which the parent resides.
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:
(1) School year
for which notification is made;
(2) Name of
parent, address, and telephone number (telephone number optional);
(3) 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;
(4) Full name
and birth date of child to be educated at home;
(5) 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.
(6) Brief
outline of the intended curriculum for the current year. Such outline is for
informational purposes only.
(7) List of
textbooks, correspondence courses, commercial curricula, or other basic teaching
materials that the parent intends to use for home education. Such list is for
informational purposes only.
(8) Assurance
that the child will be provided a minimum of nine hundred hours of home
education each school year.
(9) Assurance
that the home teacher has one of the following qualifications:
(a) A high
school diploma; or
(b) The certificate of
high school equivalence; or
(c) Standardized test
scores that demonstrate
high school equivalence; or
(d) Other equivalent
credential found appropriate
by the superintendent; or
(e) Lacking the above,
the home teacher must work 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.
(10) 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.
(1) 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 school year.
(2) 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:
(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.
(1) The
superintendent shall so notify the parent(s) in writing within fourteen calendar
days, stating
(2) 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
(3) 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 3331.08 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 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:
(1) Results of a
nationally normed, standardized achievement test which meets the requirements
set forth in rule 3301-12-02 of the Administrative Code.
(a) Such
test shall be administered by:
(b) Results
should demonstrate reasonable proficiency as compared to other children in
the district at the same grade level. Any child that has a composite score
at or above the twenty-fifth percentile shall be deemed to be performing at
a level of reasonable proficiency.
(2) A written
narrative indicating that a portfolio of samples of the child's work has been
reviewed and that the child's academic progress for the year is in accordance
with the child's abilities.
(3) An
alternative academic assessment of the child's proficiency mutually agreed upon
by the parent and the superintendent.
(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:
(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 that are regularly scheduled for district pupils of similar age; and
(C) Other
evaluation information that may include interviews with the child and/or
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
