INDIANA
Department of Education Fixes Another Error
In Indiana home schools are recognized as private schools. In past issues of The Home School Court Report, we have discussed the Department of Education's misinterpretation of the law in a number of areas. One of the department's inaccuracies was telling home schoolers to give copies of their curriculum to the local public school. They recently issued an apology for that misinterpretation.
Another issue that Home School Legal Defense Association had to explain to the Department of Education involved their illegal policy of collecting the names of home school children from parents who filed enrollment forms pursuant to Section 20-8.1-3-24. The statute is very specific and only requires private school administrators to furnish "the number of children by grade level attending the school" only upon "request of the State Superintendent of public instruction." Nowhere in the law are private schools, operating in the home, required to give the names of their children. In January, State Attendance Officer Gaylon Nettles contacted HSLDA attorney Christopher Klicka and informed him that the Department of Education had officially altered their policy in this area, and they would no longer attempt to collect the names of private school and home school students. HSLDA is thankful for this much-needed change in the Department of Education's policy.
Many school districts across the state have misapplied the law in recent months. Below are a few of the incidents home school families have faced.
Franklin
The public school district has sent "Home Schooling Guidelines" to a number of HSLDA members. In these guidelines, the school district insists that home schoolers are "required to be registered," and that families must provide the public school with progress reports on a six and nine week basis. Furthermore, their form demands information concerning the proposed educational plan, objective of education, qualifications of instructors, and an evaluation method. Attorney Christopher Klicka wrote to the school district and explained that none of those requirements were mandated by the law. The families simply wrote short letters assuring the district that their school met the minimal requirements.
Brownsburg
HSLDA members received a lengthy list of guidelines which required home schoolers to not only list textbooks which they were using, but also to describe all "supporting activities." The same demands were made to home schoolers in the Ft. Wayne, Mt. Vernon, Noblesville, South Bend, and South Knox Community School Corporation.
West Lafayette
Home schoolers were told that if they failed to complete the "Intent to Provide Instruction at Home" statement in a timely fashion, it may "place the school system in a position of notifying the Child Protection Service and Tippecanoe County prosecutor's office …" Because West Lafayette requires home schoolers to have "equivalent instruction to the public schools," their intent form seeks information on student performance objectives, method to achieve performance objectives, and method of evaluation. Of course, the intent form is not required by law. A simple letter indicating that the family is teaching their children the basic subjects for the same approximate number of days as the public schools is sufficient.
St. Joseph County
An irate relative reported an HSLDA family to the Division of Family and Child Welfare, claiming that the family was not providing a good education for their children and that the mother was incapacitated. The social worker who received the tip wanted to come into the home and talk with the children. HSLDA Attorney Christopher Klicka responded to the social worker, explaining that the family would not allow him into the home to talk to the children. However, Klicka did assure the social worker that the educational program was in compliance with the law, and he sent the social worker a letter explaining the legality of home schooling. The family also provided a statement from their doctor testifying that he would close the case, explaining that at least three-quarters of the tips he receives are unfounded.
Monroe County
An HSLDA family received a policy from the school district stating that home schoolers needed to have "a curriculum, which is established by educational experts," and that "there must be frequent and regular use of the public library, and there must be extensive reading." Although home schoolers certainly engage in regular visits to the library and extensive reading, these requirements are not in the law.
Bremen
The Bremen Community School Corporation insists that home schoolers give a detailed description of their curriculum plan, describe their methods of instruction for each subject, and provide a sample weekly schedule for their curriculum. This school district also wants families to provide a sample assignment record and a sample report card. The policy indicates that home schoolers need to submit test results by the end of the year.
Danville
The school district contacted a home school family and told them they were required to have their special needs child evaluated. The family had withdrawn this child from the special needs program in the public school at the beginning of the school year. Nonetheless, the school district insisted that it was up to them "to officially dismiss the child from services." Attorney Klicka contacted the school district and explained that parents have the unequivocal right to withdraw their child from special needs services and thereby remove them from the jurisdiction of federal government regulations controlling special needs services. Klicka therefore informed the school district that the family would not be submitting their child for any further evaluations under the special needs regulations. School districts must remember that parents with special needs children have the same parental rights as anyone else.
By God's grace, all the situations described above were resolved, and every family has been able to continue home schooling without complying with illegal requirements.
Anti-Home School Legislation Dies
All HSLDA members in Indiana received a memo concerning H.B. 1259, which would have required home schoolers to take the statewide IPASS testing. This testing requires the mastery of certain outcome-based education skills and politically correct ideas. Thanks to home schoolers who flooded their legislators with calls and letters in opposition to H.B. 1259, the bill died in committee. Indiana legislators learned an important lesson in this battle: do not introduce legislation that would impose burdensome restrictions on home schoolers and violate their religious beliefs. We thank the Lord for the home schoolers' willingness to take a stand in this matter. God deserves all the glory.
