|
The Relationship Between
Public Schools
and Home Schools In Indiana
All
references to Indiana Code are found in the Compulsory School
Attendance law: IC 20-33-2.
 WHAT
AUTHORIZATION IS NEEDED TO MAKE A HOME SCHOOL LEGAL IN INDIANA?
Home
schools are nonpublic, nonaccredited schools. As such, the parent,
not the state, legally establishes the
school. No state or public school "permission" is
required.
WHAT
DOES THE LAW REQUIRE OF HOME EDUCATORS?
They must teach a minimum of 180 days per year. They choose the days on which
classes will be held and must keep attendance records; however, the law doesn't
specify form or content requirements for these records. These are the only
records that must be provided to local superintendents upon their request.
The compulsory school attendance law requires private school
educators to report the number of students educated at each grade level upon
request of the state superintendent.
CAN
SCHOOLS PREVENT PARENTS, WHO HAVE NOT YET REPORTED THEIR ENROLLMENT TO
THE STATE, FROM WITHDRAWING THEIR CHILDREN FOR HOME SCHOOL? HOW DOES
THE PUBLIC SCHOOL VERIFY ENROLLMENT IN THE HOME SCHOOL?
Parents have the right to choose where their children go to school. This
includes a home school. Public schools are not authorized to prohibit custodial
parents or legal guardians from making such a transfer at any time.
The school
should, on behalf of the State Superintendent, request that parents and
guardians report their schools' grade level enrollment to the IDOE, and
provide the appropriate state form or telephone number at the time of the
transfer. It is then the parents' responsibility to comply with the law.
The public school has no duty to verify compliance.
As with any other transfer, the public school's responsibility ends when
the administration of the child's new school (in this case, the parent) verifies
enrollment, either verbally or in writing.
ARE
PUBLIC SCHOOLS RESPONSIBLE FOR REQUIRING HOME EDUCATING PARENTS TO USE
AN APPROVED CURRICULUM, OR FOR MONITORING FOR EQUIVALENCY OF INSTRUCTION?
No. Upon re-entry, the school can assess the results of the educational process
and grant credit or not. Under Indiana Code, home schools are "not
bound by any requirements...with regard to curriculum or the content of
educational programs offered by the [public] school."
There is no
statutory definition of equivalency of instruction, nor is there any legal
authority for public schools to monitor, or impose curricular requirements
upon, nonpublic schools.
HOW
DO WE ACCOUNT FOR THE HOME EDUCATED CHILD WHO LEAVES [AND RETURNS]? WHAT
IF THE PARENT NEVER REPORTED ENROLLMENT DATA OR RECEIVED A SCHOOL NUMBER
FROM THE IDOE?
Home educated children are transfer students, regardless of whether their
parents' reported the home school's enrollment . Upon re-entry, the public
school must enroll the child and begin instruction immediately. Under no
circumstances should resumption of the child's education be delayed once
he or she is returned to the public school.
WHERE
SHOULD HOME EDUCATED CHILDREN BE PLACED AFTER THEY ARE RETURNED TO ELEMENTARY
OR MIDDLE SCHOOL?
One possibility is to place these children with their age-appropriate
peers on a probationary basis. This minimizes conflict with parents, while
giving the school time to assess a child's knowledge.
CAN
PUBLIC SCHOOLS GRANT CREDIT FOR HIGH SCHOOL WORK PERFORMED IN A HOME
SCHOOL?
Yes. Schools should assess what children have learned, not where they learned
it. The Indiana Department of Education recommends objective testing and/or
consideration of documentation presented by parents as
soon as possible upon re-entry in order to determine whether any credit will
be granted.
While it should
not be awarded unless earned, the public school may award credit if the
student can demonstrate the knowledge required to pass a course.
Remember, home
schools are nonpublic, nonaccredited schools, not bound by the regulations
that govern curricula, instructional time, or teacher licensure and certification
in public schools.
Public schools
may give credit for work mastered in such a school without violating
state statute, State Board rules, or of jeopardizing their accreditation status.
Again, the IDOE encourages schools to give credit where credit is demonstrated
to be due.
WHO
DECIDES TO GRANT CREDIT?
The public school corporation has the right to determine placement and what,
if any, credit will be granted to a general education student . While the
objective assessment described above is preferable, it is not required by
law.
The Department
recommends that schools develop a process to govern the granting of credit
for work done in any non-public, nonaccredited setting; that it be approved
by the superintendent and the local school board; and that it be applied
uniformly.
Please note
that placements of special needs children are determined by case conference
committees
CAN
HOME EDUCATED CHILDREN RETURN FOR THE12Th GRADE AND GRADUATE?
Theoretically, yes, if the public school determines that the combination
of credits awarded for work done in home school and credits earned in an
accredited private or public school meets state graduation requirements,
and if the student passes the ISTEP+ graduation exam (or qualifies under
one of the waiver alternatives) after re-enrolling in the public school.
Remember: upon
re-entry, the public school has the authority to grant or deny credit for
work done in home school.
CAN
HOME EDUCATED STUDENTS TAKE PART IN PUBLIC SCHOOL EDUCATIONAL ACTIVITIES?
Indiana
Code allows
participation with the approval of the superintendent or school board. They
can come to the agreed upon classes and return to their home school for
the rest of the day. They can be counted in attendance, but only if enrolled
for at least one class each day.
For example,
a student could be enrolled for a course [e.g., computer keyboarding] with
the superintendent's permission, and the student would be counted in attendance
in the public school. However if a student only participates in a class,
but is not enrolled, the student would not be counted in attendance.
Dual enrollment
or participation in the public school does not subject the home school
to any additional regulation by the state or by the local public school.
If the student
is enrolled in and attending the public school by the annual ADM count
in September, the public school will receive funding from the state based
on the number of classes taken. Public school personnel having questions
about state funding for children with dual enrollment should contact
the IDOE Division of School Finance at
317-232-0840.
It is up to
the public school to decide whether or not to allow a privately educated
child to participate in non-educational activities (e.g., dances, clubs,
etc.). Participation in high school level sports is subject to
approval by the public school, and to the home educator's willingness
to enroll the child in public school for three classes per day and otherwise
comply with the bylaws of the IHSAA. For specifics, contact
the IHSAA at 317-846-6601.
Please note
that dual enrollment or attendance in the public school does not subject
the home school to any additional regulation by the State or local public
schools.
CAN
PARENTS ALREADY IN TROUBLE FOR EVENTS OCCURRING IN THE PUBLIC SCHOOL
(I.E., TRUANCY OR EDUCATIONAL NEGLECT) AVOID LEGAL ACTION BY TRANSFERRING
THEIR CHILDREN TO HOME SCHOOL?
Not necessarily. While public schools have no jurisdiction over children
once they are transferred to a nonpublic school, the transfer does not "clean
the slate" of past bad behavior. Prosecutors may pursue charges brought
prior to withdrawal if they believe it is in a child's best interest.
HOW
DO WE KNOW THAT A CHILD IS BEING EDUCATED?
We don't. The law does not allow public education to supervise nonpublic
schooling through testing, inspection, or curriculum approval. The home educating
parent has assumed legal responsibility for the child's education and will
be held accountable should minimum statutory requirements not be met.
Persons with
specific reasons to believe a parent is unable or unwilling to educate
his or her school-aged child are obligated to report this to the county
child protective services office (IC
31-33-5-2). However, the solitary facts that a parent chooses to
home educate, and/or fails to notify the State of his or her home school's
grade
level enrollment ("register"), are not, in and of themselves,
cause for such a report, nor do they constitute educational neglect in
and of themselves.
Anyone who
intentionally files a fraudulent report may be subject to prosecution for
malicious reporting under Indiana law.
If you have questions or comments, contact:
Katie Starks
Office of Student Services
Indiana Department of Education
Room 229, State House, Indianapolis, IN 46204
voice: 317-232-9111
fax: 317-232-9140
|
Home