The Home School Court Report
Vol. XXV
No. 3
Cover
May/June
2009

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OHIO

Homeschool Freedom Preserved!

In 2008, the Ohio Department of Education (ODE) notified Home School Legal Defense Association that it would be reviewing homeschool regulations as part of a “legislatively mandated review.” This seemed appropriate enough until HSLDA consulted with Ohio homeschool leaders, who informed us that in the past 20 years, the homeschool regulations had never been put up for review by public comment before. Concerned about the possibility that the state’s well-established regulations might be at risk, HSLDA asked its members and friends to respond. And they did.

An enormous response of nearly 9,000 public comments was received from all over the state within a two-week period, overwhelming the Ohio Department of Education. After reviewing the public comment, the ODE decided to make only two technical changes in the regulations, which had no negative impact on homeschoolers. Thanks to your efforts, the regulations that have worked well for years have been preserved and will not be up for review for another five years.

The department also conducted a review of its nonchartered, non-tax-supported school regulation 3301-35-08 (the “-08 regulation”). This regulation has been the subject of much debate and litigation between some Ohio citizens who organize -08 schools to educate their own children privately at home.

Many of you are aware that last year, HSLDA was handling over 100 cases that the department of education had brought, challenging the right of parents to file their homeschools as private schools. In fact, Ohio is only one of many states that have laws providing a homeschooling statute in addition to a private school law that allows individuals or families to form private schools if certain conditions are met.

Many people appreciate the ability to choose from alternatives when complying with state compulsory attendance laws. Even though the number of families who choose the private school approach is small, HSLDA vigorously defended retaining as much freedom as possible for Ohio parents. After public comment, the ODE chose not to make any changes to the regulations for -08 schools.

— by Michael P. Donnelly