June 21, 2024
Important Legislative Update: HB 602
The Public Health Policy committee has posted the committee notice for the hearing on HB602. This hearing will be for proponent testimony only and we are strongly encouraging individuals to submit written testimony prior to this hearing.
Committee: Public Health Policy
Chairman: Adam Mathews
Location: Ohio Statehouse, Room 121
Date: Wednesday, June 26, 2024
Time: 9:00 am
Please consider submitting YOUR written testimony regarding this important issue that could affect all local homeschool support groups/co-ops. Your participation would be very helpful in generating necessary committee support for HB 602. We are not asking for in-person testimony, but simply written submissions from families across the state.
Details:
Written testimony can be brief (one page or less) with a simple description of how your local co-op or support group has benefited your family. Also, please express your appreciation for the needed clarification that is provided in HB602 – so that your local group will not be at risk of being confused with the structure of a day care.
All written testimony should be submitted by end of day on Monday, June 24th. A committee witness form must be filled out and submitted with your testimony. Your testimony (submitted in pdf format) and witness form may be emailed to Chairman Adam Mathews at either of these email addresses.
or
OHRPublicHealthPolicyCommittee@ohiohouse.gov
If this is your first time to submit testimony for a hearing, please feel free to email us at cheo@cheohome.org if you need any assistance. We are here to help.
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June 19, 2024
Legislative Alert: Action Requested for HB 602 – Affecting home education support groups.
Earlier this year, the leader of a small group of home educated students (that gathered twice per week for learning experiences) was contacted by the Ohio Department of Children and Youth. Sadly, this support group leader was informed that he was being investigated for illegally operating an unlicensed home day-care.
While the terminology has varied over the years, the concept of a group (support group, co-op, etc.) of home educated students who regularly assemble for shared learning or recreational activities, has been a part of the home education experience for more than thirty years. What this local group in southern Ohio is facing is a misapplication of existing day-care statutes/regulations.
Existing law that has been misapplied:
RC 5104.01(K) defines “child care” to mean all of the following:
1. Administering to the needs of infants, toddlers, preschool-age children, and school-age children outside of school hours;
2. By persons other than their parents, guardians, or custodians;
3. For part of the twenty-four-hour day;
4. In a place other than a child’s own home, except that an in-home aide provides child care in the child’s own home;
5. By a provider required by this chapter to be licensed or approved by the Department of Job and Family Services…
The group in question was comprised of school-age children that were gathering during school hours – so the definition of child care for the purpose of licensure should not have applied.
Nevertheless, this local homeschool group was informed that it was not permissible to care for more than six children and no more than three children under the age of two years without a child-care license. It made no difference that the group was meeting in the home of a grandparent of some of the students.
While there were other invasive details to the investigative process, the basic concern is the unexpected application of state child care policies on students who are not in a “child care” setting as is defined in state law.
Ohio House Bill 602:
This bill was introduced on May 20, 2024, by joint sponsors – Rep. Sarah Fowler Arthur and Rep. Riordan McClain. The purpose of the bill is to clarify state policy.
Existing child care licensing laws provide a long list of programs that are exempt from state licensure requirements. HB 602 simply adds the concept of a “home education learning pod” to the list of exemptions. The term “learning pod” is used within this bill since this is the label used in the laws of other states to describe the voluntary group learning experiences of home educated students.
The Proposed Clarification:
RC 5104.01(V) defines a “learning pod” to mean a “voluntary association of parents who direct their children’s education through home education and includes the following characteristics:”
1. The parents choose to group their children together in a home or other location at various times, which may include hours when home education is not provided;
2. Includes only the parents’ children, siblings, or other children under the care of the parents, regardless of age;
3. At least one parent of any child is on the premises while the learning pod meets
RC 5104.02(B)(11) simply adds the home education learning pod to the long list of other programs that are already exempted from day-care / childcare licensure requirements.
Where Things Stand:
HB 602 was assigned to the Ohio House Public Health Policy Committee and sponsor testimony was provided by the joint sponsors on June 12, 2024.
It is expected that the next hearing for HB 602 will be held on Wednesday, June 26. The formal committee notice should be posted later this week. This hearing is expected to be for proponent testimony.
If you would like to submit written testimony please plan to submit your witness form and brief testimony to State Rep. Adam Mathews at rep56@ohiohouse.gov by the end of the day on Monday, June 24. Once the committee notice is posted, CHEO will send out an update with a copy of the notice and witness form.
Action requested:
1. Please consider providing written testimony to the Ohio House Public Health Policy Committee as described above.
2. Please consider contacting your own Ohio State Representative and ask for his/her support for HB 602 if it is approved by the committee and comes to the full House for a vote.
Click here to find your own state representative:
https://www.legislature.ohio.gov/
If you have any questions or concerns, please feel free to let us know. Phone: 740.522.2460
Email: cheo@cheohome.org
For Further Reading:
Full text of HB 602
https://www.legislature.ohio.gov/legislation/135/hb602/documents
Note: Underlined language is the proposed revision. Language not underlined is existing law. See pages 8-9, 18 of the legislation.