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PENNSYLVANIA

Difficulties in transferring to new district

Home School Legal Defense Association recently assisted a family encountering difficulties in relocating from one school district to another. The new district, Bedford Area School District, insisted that the parents file a new affidavit, even though Bedford had received a copy of the affidavit filed with the old district, Hollidaysburg School District. This was due to a misunderstanding of the procedure for transferring a home education program to a new district.

The procedure for transferring a home education program is set forth in Pennsylvania Statutes § 13-1327.1(a)(2) and (3). At least 30 days prior to the relocation, the parent (or "supervisor") must send a registered letter to the superintendent of the district where the family currently resides, requesting a letter of transfer for the home education program to the district to which it is relocating. The superintendent must issue the letter of transfer to the parent within 30 days of receipt of the registered mail request. The parent must then file the letter of transfer with the superintendent of the new district.

Many superintendents misunderstand the law as requiring them to send the letter of transfer to the superintendent of the district where the family is relocating. However, the statutory language makes it clear that the letter of transfer must be issued to the parent who is the supervisor of the home education program. In turn, the supervisor is charged with the responsibility of filing the letter of transfer with the superintendent of the new district.

State law does not require the homeschool supervisor to file a new affidavit with the school district where the family is moving. In most cases, the letter of transfer issued by the superintendent of the current district of residence will include either the original or a copy of the affidavit filed at the beginning of the school year, but state law does not prescribe what information or documentation must be included with the letter of transfer.

HSLDA Senior Counsel Dewitt Black contacted the Bedford assistant superintendent and pointed out that state law does not require the filing of a new affidavit when a family transfers from one district to another. As a result, this family was able to relocate without having to prepare and file unnecessary paperwork. HSLDA member families encountering problems in relocating from one district to another are encouraged to contact us for assistance.