Q. WHY WERE THESE CHANGES NECESSARY?
A. There has been a change in state authority over policies governing all Ohio students. Ohio is moving from a system of elected representation on our State Board of Education to an unelected political appointee chosen by the current governor.
For many years, home education regulations have been stable through the oversight of the State Board of Education. We believe that our freedoms are secure when policy makers are accessible and accountable to the people they serve, but this will no longer be the case under this new system. Therefore, moving home education into statute was necessary to provide better elected representation through our legislative body.
Q. WILL WE BE ABLE TO KEEP OUR FREEDOM TO HOME EDUCATE?
A. As it has always been in our constitutional republic, it is up to all of us to defend our freedoms. Freedom isn’t free. But the new statute that has been passed is not a complicated one to watch over, examine, and protect. Just as for the past 35 years, CHEO’s legislative liaison and HSLDA’s attorney for Ohio will continue to monitor Ohio legislation and any potential changes that could affect home educators.
But we also encourage families to get involved and develop cordial relationships with your state legislators. This can be done by engaging in intentional communication, receiving their regular newsletters, scheduling visits to Columbus or their districts, etc. Then, when issues arise that are important to your family, you are already familiar with the folks that need to hear from you.
Q. WHAT IS THE NOTIFICATION DEADLINE FOR THIS YEAR?
A. The notification deadline for the 2023- 2024 school year will be the same as it has been for years – which is the end of the first week of school in your district . This is because the new law doesn’t go into effect until the first week of October.
The notification deadline for the 2024-2025 school year, and every year thereafter, will be August 30th.
Q. WHAT DOES MY NOTIFICATION LOOK LIKE FOR THIS YEAR?
A. For the most part, the notification will be the same as it has been in the past. You will submit the Notification of Intent (NOI) form, the outline of intended curriculum, a list of material resources and, if you are re-notifying, an assessment report.
For this year only you will include one additional letter that will satisfy the requirements of the new law that goes into effect in the first week of October. You can find the forms, letter, and additional information – Here
Q. WHAT IF I HAVE ALREADY SUBMITTED OUR NOTIFICATION AND RECEIVED OUR EXCUSAL LETTER FROM OUR LOCAL SUPERINTENDENT?
A. Great! You are a step ahead in the process. You will only need to submit the new notification letter sometime before the first week of October.
Click Here for a notification letter that you can use this fall.
Q. DO I NEED TO COMPLETE AN ASSESSMENT THIS YEAR?
A. If you are re-notifying for a subsequent school year, you will need to complete and submit an assessment report.
Q. WHAT ABOUT ASSESSING MY CHILD’S WORK IN THE FUTURE?
A. Assessments are an important snapshot of how your child understands what he/she has learned during the school year. CHEO will continue to provide contact information for assessors who can provide valuable counsel regarding the type of assessment or portfolio review that would be beneficial for your children.
The difference moving forward with the new law is that you will not be required to submit an assessment report to the district beginning in the 2024 – 2025 school year.
When selecting a written or computerized assessment, please keep in mind that there are differences between criterion-referenced and norm-referenced assessments. It is the norm-referenced assessment that will provide you with the most objective data on your child’s achievement.
Q. WHAT ABOUT ALL OF THE OTHER CURRENT STATUTES THAT AFFECT HOME EDUCATED STUDENTS?
A. All other statutes have been “harmonized” with the new definition of home education in RC 3321.042 that was approved in HB33. (Harmonization is the process of conforming statutes to provide consistency in state law.) For example, the language in other sections will now use the term “exempt” instead of “excused” when referring to home educated students.
This harmonization process includes the diploma law, College Credit Plus, extra-curricular activities/sports, tax credits, Jon Peterson scholarships, and Autism scholarships.
Q. WHAT WILL HAPPEN TO OUR OLD REGULATIONS THAT WE HAVE BEEN USING?
A. The regulations in the Ohio Administrative Code 3301-34 are required to be rescinded before the end of the year.
* See RC 3301.132 on p. 4448 of HB33, as enrolled. Click Here
Q. WILL THE NEW DIRECTOR OF THE DEPARTMENT OF EDUCATION AND WORKFORCE HAVE ANY AUTHORITY OVER HOME EDUCATED STUDENTS?
A. No. The new home education statute – RC 3321.042(E) prohibits the new director from promulgating rules that affect that section. There were a couple of other places in HB33 which placed limitations on the broad responsibilities of the new director within what is expressly authorized in statute.
Q. IS THERE ANY EFFECT ON HIGH SCHOOL GRADUATION REQUIREMENTS, CREDIT REQUIREMENTS, OR DIPLOMA ELIGIBILITY WITH THE CHANGE IN STATE LAW?
A. There is no effect. HB 33 harmonized the home education diploma law (RC 3313.6110) to the new section defining home education.
*See RC 3313.6110 on pages 4726-4727 of HB33, as enrolled. Click Here (Underlined language is new language.)
The basic change to current practice is that you will not be required to retain a copy of the excusal letter because there will no longer be an excusal letter.
Home educated students have never been subject to the same graduation requirements for the public and private schools. Home educating parents determine what is successful completion and have wisely planned experiences and prepared transcripts for their high school students.
Part of that process is being aware of what is expected from students in the public and private sectors.
For more information: Click Here
The parent-issued diploma is required to be recognized for proof of completion of high school, but the high school transcript is not (nor would we want it to be in state policy). The transcript is more like the student’s resume` as they transition to post-secondary opportunities.
Q. WILL COLLEGE CREDIT PLUS FUNDING STILL BE AVAILABLE TO HOME EDUCATED STUDENTS?
A. Yes. HB33 harmonized the College Credit Plus statute to the new section defining home education.
* See RC 3365.03(A) on page 5313 of HB33, as enrolled. Click Here
Q. WILL THE HOME EDUCATED STUDENT STILL BE ABLE TO PARTICIPATE IN EXTRACURRICULAR ACTIVITIES IN THE LOCAL PUBLIC SCHOOL DISTRICT?
A. Yes. HB33 harmonized state law for participation in extracurricular activities (including sports) to the new section defining home education.
* See RC 3313.5312 on pages 4675-4676 of HB33, as enrolled. Click Here
Q. WILL JON PETERSON SCHOLARSHIPS (SPECIAL NEEDS) STILL BE AVAILABLE TO HOME EDUCATED STUDENTS?
A. Yes. Student eligibility was not revised in HB33. RC 3310.51. https://codes.ohio.gov/ohio-revised-code/section-3310.51
Q. WILL AUTISM SCHOLARSHIPS STILL BE AVAILABLE TO HOME EDUCATED STUDENTS?
A. Yes. An eligible student is still a student who is entitled to attend a public school in the district in which the student resides. Public school enrollment is not required.
The student must have a diagnosis of autism by a physician or psychologist. The student must also have an IEP or “education plan” that has been developed by the public school district.
* See RC 3310.41 on pages 1014-1018 of HB33, as enrolled. Click Here
Q. WILL HOME EDUCATED STUDENTS STILL BE ELIGIBLE FOR A TAX CREDIT FOR EXPENSES RELATED TO INSTRUCTION?
A. Yes. HB33 harmonized the tax credit statute to the new section defining home education.
* See RC 5747.72(A) on page 5515 of HB33, as enrolled. Click Here
Q. WILL HOME EDUCATED STUDENTS STILL BE ELIGIBLE TO RECEIVE AFTERSCHOOL CHILD ENRICHMENT FUNDS (ACE)?
A. Yes. HB33 harmonized the ACE statute to the new section defining home education.
* See RC 3310.70 on pages 4616-4618 of HB33, as enrolled. Click Here
Q. PLEASE EXPLAIN THE TRUANCY PARAGRAPH AND WHY IT WAS NECESSARY.
A. Here is some background on what transpired with this section:
At the time that SB 1 was approved by the Ohio Senate (on the last day when it was in committee) an amendment to the home education language was unexpectedly added. The amendment stated the following:
“A student who is receiving home education pursuant to this section is subject to Section 3321.19 of the Revised Code.”
This amendment would have meant every single student who has been exempted from the compulsory attendance statute would be subject to the habitual truancy statute. This made absolutely no sense.
See original language: https://www.legislature.ohio.gov/legislation/135/sb1/documents
(Click on Senate passed version and scroll to page 1566, paragraph (C))
Here is the final language for comparison to what was folded into HB33 from SB1.
*See page 5164 of HB33, as enrolled. Click Here
(F) “IF there is evidence that a child exempt under this section is not receiving an education in the subject areas required under this section then that child may be subject to section 3321.19 of the Revised Code.”
Instead of targeting students who are receiving instruction in the required subjects, it focuses on students who are NOT receiving the required instruction.
The revised language is more appropriate in three ways.
- Evidence is required which preserves the individual’s 4th amendment rights.
- If instruction is provided the truancy statute would not apply.
- If there is evidence the student is not being taught, it is only a possibility that the truancy statute would apply because the “shall” was changed to “may.” (e.g. If a family experiences a tragedy in which the mom is receiving chemotherapy and instruction for the children is put on hold temporarily – this isn’t truancy).
Q. WHAT HAPPENED TO ED CHOICE SCHOLARSHIPS FOR HOME EDUCATED STUDENTS?
A. Educational Choice Scholarships have never been available to home educated students. These are scholarships that are available to cover tuition costs for chartered private schools.
HB 33 removed the cap on the income requirement on the “expanded” EdChoice funds so that any family, regardless of income, is eligible statewide to receive an EdChoice scholarship. The dollar value of the scholarship is determined by the income level of the family. The full value is available to families who are at 450% of the federal poverty level (family of 4 – approx. $135,000 income), but each income level above 450% would qualify for incrementally smaller portions of the full value.
Q. HOW DOES HB33 AFFECT 08 STUDENTS?
A. An “08 student” refers to a student enrolled in a non-chartered nonpublic school that is established for religious purposes. In past years there have been some families who have identified their homeschool as an 08 religious school.
The current policy for 08 students may be found in the Ohio Administrative Code 3301-35-08. It is a brief set of regulations that have successfully governed non-chartered, nontax schools for 40 years. Their regulations would also have been at risk with the change in state authority over policies governing students – from elected representation on our State Board of Education to an unelected political appointee under the governor.
HB33 moved the 08 school regulations, exactly as written, into the Ohio Revised Code (RC 3301.732 on pages 4435-4437, enrolled version) and prohibits the new director from promulgating rules that affect that section.
*See RC 3301.132 on page 4448, as enrolled. Click Here