Legal / Legislative Updates

CPS Claims Family Must Enroll with DOE

Mr. and Mrs. Olsen (name changed to protect privacy), homeschooling parents in Tippecanoe County, were contacted by their local department of child services because of a report that they were homeschooling. The caseworker informed them that she needed to investigate for possible educational neglect.*

The Olsens confirmed that they were homeschooling and spoke briefly and generally about their educational program. When asked if the children were enrolled as homeschoolers with the Indiana Department of Education (DOE), Mrs. Olsen stated they were not. As the caseworker left, she insisted that the Olsens were required to enroll their children with the DOE and that her investigation would not be closed until they did so.

Realizing they needed help resolving this situation, the Olsens contacted Home School Legal Defense Association. Staff Attorney Thomas Schmidt was able to get in touch with the attorney for CPS to discuss the Olsens’ situation.

While the superintendent of public instruction has requested that parents fill out an “Enrollment Report Form” on the DOE website if they decide to homeschool their children, this is not legally required. Indiana law does require homeschooling parents to keep attendance records, but these records should be requested by the state superintendent or the superintendent of the local school corporation on a case by case basis in order to “verify the enrollment and attendance of the particular child.” The state superintendent can also request the number of students by grade level attending the homeschool.

After Schmidt and the CPS attorney discussed these issues, the attorney agreed that enrollment was not required and promised that the Olsens’ case would be closed.

— by Thomas J. Schmidt