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3301. Department of
Education Chapter 3301-34.
Rules for Excuses from
Compulsory Attendance for Home Education
As of December 2000
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 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 the 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.
Rule promulgated under: RC Chapter 119
Rule authorized by: RC 3321.04
Rule amplifies: RC 3321.04
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 birthdate 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:
(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.
(1) 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.
(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 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
parent(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.
HISTORY: Eff 8-1-89Rule promulgated under: RC
Chapter 119
Rule authorized by: RC 3321.04
Rule amplifies: RC 3321.04
3301-34-04 Academic Assessment
(A) The parent(s) shall send to the
superintendent an academic assessment report of the child for 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:
(i) A certified teacher; or
(ii) Another person mutually agreed upon by
the parent(s) and the superintendent; or
(iii) A person duly authorized by the
publisher of the test.
(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.
(a) The written narrative shall be prepared
by:
(i) A certified teacher; or
(ii) Other person mutually agreed upon by
the parent(s) and the superintendent.
(b) The parent(s) shall be responsible for
the payment of fees charged for preparation of the narrative.
(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 the 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).
Rule promulgated under: RC Chapter 119
Rule authorized by: RC 3321.04
Rule amplifies: RC 3321.04
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:
(1) A written narrative evaluating the child's
progress, including an explanation if the child has made less than
satisfactory progress in any subject; and
(2) An explanation if less than the intended
curriculum planned for the quarter was covered.
(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) 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.
Rule promulgated under: RC Chapter 119
Rule authorized by: RC 3321.04
Rule amplifies: RC 3321.04
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).
Rule promulgated under: RC Chapter 119
Rule authorized by: RC 3321.04
Rule amplifies: RC 3321.04
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