Legal/Homeschool Laws
Laws that regulate home education vary from state to state. It is important to understand the legal requirements in your state and to be aware of legislative and other legal issues that affect homeschoolers in your community. We've compiled resources that will help you become informed. Although homeschooling is legal in all 50 states, and the vast majority of homeschoolers face no problems, you may find that you need legal assistance at some point in your homeschooling career. We've compiled a list of resources to help you find the support you need. And if you'd like to become more involved in working towards homeschooling freedoms, we discuss some of the issues facing homeschoolers that we hope you find compelling.
State Laws
Read the laws regulating home education in Ohio and browse through the case law and legal opinions relating to those laws, along with government publications relating to homeschooling and summaries of the laws.
Forms
Which forms do you need to fill out? Where can you get them? Here is a list of useful forms for homeschooling in Ohio.
Legal Support
If you need legal information or have run into a legal situation regarding your decision to homeschool, these resources will be helpful.
Lobbying Groups
A listing of local and national lobbying groups and information on how you can become involved in the political process to ensure the freedom to homeschool is protected.
Attorneys
When searching for an attorney, it is helpful to know whether he or she has experience working with homeschoolers and is interested in protecting the right to homeschool.
Legal Issues
Is homeschooling legal? Which laws pertain to homeschoolers and which don't? How do homeschoolers protect their rights to freely educate their children and to preserve their privacy?
Government Resources
A listing of local and state government resources, including your state's Department of Education, school districts, and Senate and House of Representative information.
What's Popular
Part-Time Participation: Problems and Pitfalls
Discusses testing with school districts, Ohio Proficiency Tests, assessment options and filing procedures, and participation in school-offered testing.
Where should Ohio homeschoolers send Home Education Notification Forms?
Because of a recent change in wording in the Ohio Revised Code 3321.04, there has been some confusion as to where Ohio homeschoolers should send their homeschool notifications.
An Examination of the Regulations Regarding Home Education and 08 Schools
There is a measure of freedom for 08 schools but the greatest freedom is experienced by home educators. We, who choose to home educate, have the freedom to provide a schedule flexible to the family’s needs. We have the freedom to teach one day a week or five, or all seven. As long as we meet the required 900 hours, how we choose to do it is up to the individual family. We have the freedom to use whatever curricula we choose. Home educators have the freedom, to use the hours for whatever type of ...
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.
Ohio Department of Education
This website serves as the official web presence for the Ohio Department of Education.
Ohio State Statutes Related to Home Education
Includes all of the state code related to homeschooling in pdf format.
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...
Home Education Notification Form
Use to notify the superintendent of your local school district, city, or county of your intent to homeschool.
Home Education Notification Form Example
Example of a home education notification form.
Home School Textbook and Curriculum List
Home School Textbook and Curriculum List as required by O.A.C. 3301-34-03 Notification Section 6 and 7; for informational purposes only.
Recommended Procedure for Home Education Notification
A discussion of the procedure for notification of the intent to homeschool.
Using the District-Created Form
You do not have to use a form of any sort for notification. The manner in which you present the notification information is entirely up to you. Just be sure all required information is provided. It is suggested that parents, under no circumstances, use the forms provided by their districts since these are likely to contain word changes that alter the regulations in whole or in part. Provide your information on either the "state-generated" form which you may obtain from any homeschooling group,...
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 Education Notification Form
A sample home education notification form for the state of Ohio.
Ohio Court of Appeals Rules in Favor of Parents
In Ohio v. Adaranijo, decided on July 18, 2003, the court held that "Of course, the state has a legitimate interest in protecting children from harm…[but] nothing in the domestic-violence statute prevents a parent from properly disciplining his or her child." The court went on to say, "Courts should be slow to intervene between parent and child. The criminal court is not the place to resolve petty issues of discipline. The domestic violence laws are meant to protect against abuse, not to punish ...
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