INDIANA
Department of Education Recognizes Error
In the last issue of The Home School Court Report, we reported on the situation involving Marty Alenduff, who is the "Consultant for Alternative Learning Programs" in the Indiana Department of Education. Several Home School Legal Defense Association members reported that he was responsible for sending out misinformation, stating that homeschoolers needed to provide the school district with a copy of their curriculum. HSLDA contacted Mr. Alenduff to explain our concerns. Mr. Gaylon Nettles, the State Attendance Officer who oversees Marty Alenduff, responded to our complaint. He stated,
You indicated that some homeschoolers are reporting that Mr. Alenduff had said that they had to give a copy of the curriculum to the local school. Mr. Alenduff says that is no doubt true. He was new on the job and we had a few growing pains. That has been resolved and I am truly sorry for any misinformation. I take full responsibility.
HSLDA was pleased that the department of education was willing to correct its error, and we look forward to keeping open channels of communication with the department as problems arise.
Mr. Nettles did point out, however, that he disagreed with the statement in Mr. Klicka's memo which indicated that the Indiana compulsory attendance statute allows "any type of instruction the parent chooses." Mr. Nettles believes that homeschoolers still need to provide only "equivalent instruction to the public schools." HSLDA holds to its position that Indiana Code Section 20-8.1-3-17.3 clearly states, "a school that is nonpublic, non-accredited and not otherwise approved by the Indiana State Board of Education is not bound by any requirements set forth in Indiana Code 20 or Indiana Code 21, with regard to curriculum or the content of education programs offered by the school." HSLDA believes this language clearly changes the meaning of "equivalent instruction to the public schools," which is referred to in a separate statute. Homeschoolers' curriculum should not have to be equivalent to that of the public schools if they are "not bound" by any curriculum requirements!
Rather, since parents are not bound by any of the curriculum requirements in the Indiana Code, they are free to choose any type of instructional program. Although Nettles still disagrees with us on this point, this year HSLDA has been able to convince many school districts to agree with our position on this issue. As a result, homeschoolers have continued to operate freely without the approval of the local public schools.
