From the HSLDA E-lert Service:


10/22/2008 2:42:22 PM
Home School Legal Defense Association
Ohio--Comment Deadline Approaching for -08 Regulation in Ohio

From the HSLDA E-lert Service...

October 22, 2008

Ohio--Comment Deadline Approaching for -08 Regulation in Ohio

Dear HSLDA Members and Friends,

As part of its regulation review process, the Ohio Department of
Education (ODE) has initiated a formal review process of rules
governing non-chartered non-tax supported schools also known as -08
schools (named after the governing regulation 3301-35-08).

There are many states that allow parents multiple options to comply
with state compulsory attendance laws. Some states allow the formation
of private schools (like in California, Nebraska, Colorado, Florida
and others) or permit parents to notify the educational authorities of
compliance with homeschool statutes or regulations. In a number of
states no compliance or notice is required at all (like Michigan,
Illinois, Indiana and others).

HSLDA believes that parents should have as many options as possible
for educating their children and complying with compulsory attendance
laws. Because the practice has been used by many Ohio parents for
decades, we believe that the practice should be maintained, and
encourage you to urge the Ohio Department of Education to leave the
-08 regulations unchanged. Therefore we are asking all of our members
and friends to comment in order to help preserve this freedom for all.

Ohio law dictates that the ODE review regulations every 5 years to
determine what changes, if any, should be made. O.A.C. 3301-35-08 was
enacted in 1983,

The most important message Ohio residents can convey to the ODE is
that the regulations do not need to change.


1. Go visit and register your
comments about the ODE's intent to change O.A.C. 3301-35-08. The
deadline to comment is October 24th.

2. Forward this message to others. Anyone who is a "stakeholder" may
register comments. This means that if you have formed an -08 school
or have a child enrolled in an -08 school in Ohio, you may comment to
the ODE.

3. It is important to comment in your own words - please do not simply
copy and paste someone else's message. If your message is not
original, it is possible that it will not be counted as an individual


Some parents in Ohio have chosen to privately educate their own
children by forming such a school. While this is a small number of
parents in Ohio, this practice has been followed for decades. The -08
regulation was implemented in response to the famous 1976 Ohio state
case, Ohio v. Whisner. The case ruled that churches could not be
prevented from forming schools that did not comply with Ohio law
minimum standards for education which were, at the time, very
restrictive,. The regulation passed in 1983, allowing such schools to
be organized.

Some Ohio homeschoolers will recall that before the passage of
3301-34, the homeschool regulation, homeschooling in Ohio was very
difficult, requiring that Ohio homeschoolers get the permission of
superintendents. Following the 1983 enactment of the -08 regulation,
some parents who qualified under the regulations provisions formed -08
schools as a way to educate their children and to comply with
compulsory attendance laws in Ohio. Because requirements to form such
a school included that those teaching in an -08 school must have a
bachelor's degree, and also imposed requirements concerning days of
operation and school hours, not all parents could form such schools.

Thank you for all you do to support freedom for parents to educate
their children with minimal government intrusion in Ohio! It is a
privilege to serve you!


Michael P. Donnelly, Esq.
HSLDA Staff Attorney

-> Is customer service an art or a science?

For us, good customer service is both an art and a science
-it should appeal to our members and be effective. Consider what
our members say about us:

The freedom HSLDA allows me to have as I homeschool is wonderful!
They handle the law and I get to dedicate the time to my daughter.
- National City, CA

HSLDA members since 1993, our membership is just as important to
us as our children's curriculum. Thank you HSLDA for all you do on
our behalf! - West Valley, NY

More reasons to join HSLDA...

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