OHIO HOME EDUCATION REGULATIONS
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.
HISTORY: Eff. 8-1-89
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
(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 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 (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 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 paren(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
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: (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 of 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 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
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
3301-04-03 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
3301-34-06 Placement in school
The school district of residence shall enroll or re-enroll 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).
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