Pennslyvania

 

Pennslyvania Dept of Education Homeschooling

Section 1327.1 Home Education Program.

(a) The following words and phrases when used in this section shall have the meanings given to them in this subsection:

"Appropriate education" shall mean a program consisting of instruction in the required subjects for the time required in this act and in which the student demonstrates sustained progress in the overall program.

"Hearing examiner" shall not be an officer, employee or agent of the Department of Education or of the school district or intermediate unit of residence of the child in the home education program.

"Home education program" shall mean a program conducted in compliance with this section, by the parent or guardian or such person having legal custody of the child or children.

"Supervisor" shall mean the parent or guardian or such person having legal custody of the child or children who shall be responsible for the provision of instruction, provided that such person has a high school diploma or its equivalent.

(b) The requirements contained in sections 1511, 1511.1, except as provided for in this section, and section 1605 shall not apply to home education programs. A home education program shall not be considered a nonpublic school under the provisions of this act.

(1) A notarized affidavit of the parent or guardian or other person having legal custody of the child or children, filed prior to the commencement of the home education program and annually thereafter on August 1 with the superintendent of the school district of residence and which sets forth: the name of the supervisor of the home education program who shall be responsible for the provision of instruction; the name and age of each child who shall participate in the home education program; the address and telephone number of the home education program site; that such subjects as required by law are offered in the English language, including an outline of proposed education objectives by subject area; evidence that the child has been immunized in accordance with the provisions of section 1303(a) and has received the health and medical services required for students of the child's age or grade level in Article XIV; and that the home education program shall comply with the provisions of this section and that the notarized affidavit shall be satisfactory evidence thereof. The required outline of proposed educational objectives shall not be utilized by the superintendent in determining if the home education program is out of compliance with this section and section 1327. The affidavit shall contain a certification to be signed by the supervisor that the supervisor, all adults living in the home and persons having legal custody of a child or children in a home education program have not been convicted of the criminal offenses enumerated in subsection (e) of section 111 within five years immediately preceding the date of the affidavit.

(2) In the event the home education program site is relocating to another school district within the Commonwealth during the course of the public school term or prior to the opening of the public school term in the fall, the supervisor of the home education program must apply, by registered mail, thirty (30) days prior to the relocation, to the superintendent of the district in which he or she currently resides, requesting a letter of transfer for the home education program to the district to which the home education program is relocating. The current superintendent of residence must issue the letter of transfer thirty (30) days after receipt of the registered mail request of the home education program supervisor.

(i) If the home education program is not in compliance with the provisions of this section, the superintendent of the current district of residence must inform the home education supervisor and the superintendent of the district to which the home education program is relocating the status of the home education program and the reason for the denial of the letter of transfer.

(ii) If the home education program is in hearing procedures, as contained in this section, the superintendent of the current district of residence must inform the home education supervisor, the assigned hearing examiner, and the superintendent of the district to which the home education program is relocating the status of the home education program and the reason for the denial of the letter of transfer.

(3) The letter of transfer, required by clause (2), must be filed by the supervisor of the home education program with the superintendent of the new district of residence. In the case of pending proceedings, the new district of residence superintendent shall continue the home education program until the appeal process is finalized.

(c) A child who is enrolled in a home education program and whose education is therefore under the direct supervision of his parent, guardian or other person having legal custody shall be deemed to have met the requirements of section 1327 if that home education program provides a minimum of one hundred eighty (180) days of instruction or nine hundred (900) hours of instruction per year at the elementary level, or nine hundred ninety (990) hours per year at the secondary level:

(1) At the elementary school level, the following courses shall be taught: English, to include spelling, reading and writing; arithmetic; science, geography, history of the United States and Pennsylvania; civics; safety education, including continuous instruction in the dangers and prevention of fires; health and physiology; physical education; music; and art.

(2) At the secondary school level, the following courses shall be taught: English, to include language, literature, speech and composition; science; geography; social studies, to include civics, world history, history of the United States and Pennsylvania; mathematics, to include general mathematics, algebra and geometry; art; music; physical education; health; and safety education, including regular and continuous instruction in the dangers and prevention of fires. Such courses of study may include, at the discretion of the supervisor of the home education program, economics, biology, chemistry, foreign languages, trigonometry or other age appropriate courses as contained in Chapter 5 (Curriculum Requirements) of the State Board of Education.

(d) The following minimum courses in grades nine through twelve are established as a requirement for graduation in a home education program:

(1) Four years of English.

(2) Three years of mathematics.

(3) Three years of science.

(4) Three years of social studies.

(5) Two years of arts and humanities.

(e) In order to demonstrate that appropriate education is occurring, the supervisor of the home education program shall provide and maintain on file the following documentation for each student enrolled in the home education program:

(1) A portfolio of records and materials. The portfolio shall consist of a log, made contemporaneously with the instruction, which designates by title the reading materials used, samples of any writings, worksheets, workbooks or creative materials used or developed by the student and in grades three, five, and eight results of nationally normed standardized achievement tests in reading/language arts and mathematics or the results of statewide tests administered in these grade levels. The Department shall establish a list, with a minimum of five tests, of nationally normed standardized tests from which the supervisor of the home education program shall select a test to be administered if the supervisor does not choose the statewide tests. At the discretion of the supervisor, the portfolio may include the results of nationally normed standardized achievement tests for other subject areas or grade levels. The supervisor shall insure that the nationally normed standardized tests or the statewide tests shall not be administered by the child's parent or guardian.

(i) A teacher or administrator who evaluates a portfolio at the elementary level (grades kindergarten through six) shall have at least two years of experience in grading any of the following subjects: English, to include spelling, reading and writing; arithmetic; science; geography; history of the United States and Pennsylvania; and civics.

(ii) A teacher or administrator who evaluates a portfolio at the secondary level (grades seven through twelve) shall have at least two years of experience in grading any of the following subjects: English, to include language, literature, speech, reading and composition; science, to include biology, chemistry and physics; geography; social studies, to include economics, civics, world history, history of the United States and Pennsylvania, foreign language; and mathematics, to include general mathematics, algebra, trigonometry, calculus and geometry.

(iii) As used in this clause, the term "grading" shall mean evaluation of classwork, homework, quizzes, classwork-based tests and prepared tests related to classwork subject matter.

(2) An annual written evaluation of the student's educational progress as determined by a licensed clinical or school psychologist or a teacher certified by the Commonwealth of Pennsylvania or by a nonpublic school teacher or administrator. Any such nonpublic teacher or administrator shall have at least two years of teaching experience in a Pennsylvania public or nonpublic school within the last ten years. Such nonpublic teacher or administrator shall have the required experience at the elementary level to evaluate elementary students or at the secondary level to evaluate secondary students. The certified teacher shall have experience at the elementary level to evaluate elementary students or at the secondary level to evaluate secondary students. The evaluation shall also be based on an interview of the child and a review of the portfolio required in clause (1) and shall certify whether or not an appropriate education is occurring. At the request of the supervisor, persons with other qualifications may conduct the evaluation with the prior consent of the district of residence superintendent. In no event shall the evaluator be the supervisor or their spouse.

(f) The school district of residence shall, at the request of the supervisor, lend to the home education program copies of the school district's planned courses, textbooks and other curriculum materials appropriate to the student's age and grade level.

(g) When documentation is required by this section to be submitted to the district of residence superintendent or the hearing examiner, the superintendent or the hearing examiner shall return, upon completion of his review, all such documentation to the supervisor of the home education program. The superintendent or hearing examiner may photocopy all or portions of the documentation for his files.

(h) Such documentation required by subsection (e) (1) and (2) shall be provided to the public school district of residence superintendent at the conclusion of each public school year. In addition, if the superintendent has a reasonable belief that, at any time during the school year, appropriate education may not be occurring in the home education program, he may, by certified mail, return receipt requested, require documentation pertaining to the portfolio of records and materials required by subsection (e) (1) to be submitted to the district within fifteen (15) days; and pertaining to subsection (e) (2) to be submitted to the district within thirty (30) days. If the tests as required in subsection (e) (1) have not been administered at the time of the receipt of the certified letter by the supervisor, the supervisor shall submit the other required documentation and shall submit the test results with the documentation at the conclusion of the school year.

(i) If the superintendent of the public school district determines, based on the documentation provided, at the end of or during the school year, that appropriate education is not taking place for the child in the home education program, the superintendent shall send a letter by certified mail, return receipt requested, to the supervisor of the home education program stating that in his opinion appropriate education is not taking place for the child in the home education program, and shall return all documentation specifying what aspect or aspects of the documentation is inadequate.

(j) Upon receipt of the certified letter required by clause (i), the supervisor of the home education program shall have twenty (20) days to submit additional documentation demonstrating that appropriate education is taking place in the home education program. If documentation is not submitted within that time, the home education program shall be out of compliance with the requirements of this section and section 1327, and the student shall be promptly enrolled in the public school district of residence or a nonpublic school or a licensed private academic school.

(k) If the superintendent determines that the additional documentation submitted still does not demonstrate that appropriate education is taking place in the home education program, he shall so notify the supervisor of the home education program by certified mail, return receipt requested, and the board of school directors shall provide for a proper hearing by a duly qualified and impartial hearing examiner within (30) days. The examiner shall render a decision within fifteen (15) days of the hearing except that he may require the establishment of a remedial education plan mutually agreed to by the superintendent and supervisor of the home education program which shall continue the home education program. The decision of the examiner may be appealed by either the supervisor of the home education program or the superintendent to the Secretary of Education or Commonwealth Court.

(l) If the hearing examiner finds that the documentation does not indicate that appropriate education is taking place in the home education program, the home education program for the child shall be out of compliance with the requirements of this section and section 1327, and the student shall be promptly enrolled in the public school district of residence or a nonpublic school or a licensed private academic school.

(m) At such time as a child's home education program has been determined to be out of compliance with the provisions of this section and section 1327, the supervisor or spouse of the supervisor of the home education program shall not be eligible to supervise a home education program for that child, as provided for in (b) (1) of this section, for a period of twelve (12) months from the date of such determination.

(3) A supervisor conducting a home education program for the 1988-1989 school year that has been considered acceptable by the district superintendent for meeting the requirements of compulsory attendance shall not be affected by the provisions of this amendatory act until the conclusion of the 1988-1989 school year.

(4) This act shall take effect immediately.

Private Tutoring

If you or your spouse is a PA credentialed teacher, you may qualify to homeschool as a private tutor.

Private Tutoring Law ­ Pennsylvania state statute regarding the private tutoring option for compulsory attendance

Regular daily instruction in the English language, for the time herein required, by a properly qualified private tutor, shall be considered as complying with the provisions of this section. For the purposes of this section, "properly qualified private tutor" shall mean a person who is certified by the Commonwealth of Pennsylvania to teach in the public schools of Pennsylvania; who is teaching one or more children who are members of a single family; who provides the majority of the instruction to such child or children; and who is receiving a fee or other consideration for such instructional services.

Private Tutoring Regulations ­ Requirements of the State Board of Education regarding a private tutoring program

§ 11.31. Students not enrolled in public schools due to private tutoring.

 (a)  Private tutoring requirements.

   (1)  The instruction of students not enrolled in public schools due to private tutoring by a qualified tutor under section 1327 of the Public School Code of 1949 (24 P. S. §  13-1327) must include for elementary school level students: English, including spelling, reading and writing; arithmetic; geography; the history of the United States and Pennsylvania; science; civics, including loyalty to the State and National government; safety education, including regular and continuous instruction in the dangers and prevention of fires; health, including physical education and physiology; music; and art.

   (2)  For secondary school level students, the instruction must include: art; English; health; mathematics; music; physical education; science; and social studies, including civics, world history, United States and Pennsylvania history.

   (3)  The instruction may include, at the discretion of the tutor, economics, biology, chemistry, foreign languages, trigonometry or other age appropriate planned instruction as contained in Chapter 4 (relating to academic standards and assessment).

   (4)  The instruction must be given during the school year for a minimum of 180 days of instruction or for a minimum of 900 hours of instruction for an elementary level student and a minimum of 990 hours of instruction for a secondary level student as the equivalent of 180 days of instruction.

 (b)  Documentation regarding private tutoring.

   (1)  School district approval is not required to commence private tutoring.

   (2)  The parent shall provide written assurance that the instructional requirements listed in this section have been met.

   (3)  When a superintendent receives a complaint that a student is not being provided instruction for the time prescribed or that a student is not making satisfactory progress in the tutoring program, the superintendent may request evidence of student academic progress and documentation that instruction is provided for the required number of days and hours.

   (4)  Evidence of satisfactory progress may include samples of student work, assessments, progress reports, report cards and evaluations.

   (5)  Documentation of instructional time may include logs maintained by the tutor or parent, attendance records or other records indicating the dates and time instruction was provided.

When do I need to file an affidavit?

You must file an affidavit for each child you will be homeschooling when he or she is between the ages of 8 to 17. (24 P. S. 13-1326 - compulsory school age) You must file an affidavit when you begin the home education program and annually thereafter by August 1.

When does age 8 begin?

If your child turns eight before or during the first two weeks of the annual school term, or within the first two weeks of the second semester, if the school district in which you reside promotes students semi-annually, the affidavit needs to be filed by the child's birth date. If the child turns 8 during the school term, the affidavit should be filed prior to the beginning of the next school year. (24 P.S. 13-1304 - admission of beginners). If the child has been enrolled in any school in grade 1 or above, you must file an affidavit whenever you begin homeschooling, regardless of the child's age. (24 P.S. 24 13-1326)

Where can I get an affidavit form?

Affidavit forms may be found attached to the PDE Basic Education Circular (BEC 24 P.S 13-1327.1). Also, your school district may have a form, or you may create your own affidavit, following the requirements in the home education law. (24 P.S.13-1327.1(b1)). In the case of handicapped students, you will also need to refer to 24 P.S. 13-1327(d) which lists additional requirements.

What should I attach to the affidavit?

Attachments to the affidavit must include an outline of the educational objectives arranged by subject matter, evidence that the child has been immunized in accordance with the provisions of law and evidence that the child has received the health and medical services required for students of the child's age or grade level. (Article 14 of the Pennsylvania School Code)

What are the Health requirements for homeschooled students?

Students in home education programs are required to be immunized in accordance with law and regulations of the Secretary of Health. (24 P. S. 13-1303a and 23 Pa. Code 23.83 - 84) Students in home education programs are also required to receive the health and medical services required for students of the child's age or grade level. Each child of school age must be given an annual vision test, a hearing test and shall be measured and weighed. (Article 14 of the Pennsylvania School Code) Home education families may use the Department of Health’s form to document the child’s receipt of those services (Department of Health School Health Record). Each child must also have a medical examination and a comprehensive appraisal of his or her health at the following times:

(A medical examination is not necessary at the above points in time if an examination was obtained within the previous four months.)

Also, each child must have a dental examination at the following times:

  • When beginning the home school program
  • While enrolled in third grade
  • While enrolled in seventh grade
  • When he/she is issued a farm or domestic service permit

What are the Section 111 (Criminal History or Act 34) Requirements for the Affidavit?

The supervisor of the home education program must certify on the affidavit that the supervisor, all adults living in the home and persons having legal custody of the child have not been convicted of the criminal offenses listed in the School Code. Section 24 P.S. 1 -111 has a complete list of these offenses.

What are the Curriculum Requirements?

The home education law specifies the subjects that must be taught at elementary and secondary grade levels. See (24 P.S. 13-1327.1(c and d)). Chapter 5, Curriculum Requirements of the State Board of Education, mentioned in 24 P.S. 13-1327.1(c)(2), been repealed and replaced with 22 Pa. Code Chapter 4.

Where do I get curriculum and materials?

At the request of the supervisor, the school district must lend to the home education program copies of the school district's planned courses, textbooks and other curriculum materials appropriate to the student's age and grade level (24 P. S. 13-1327. 1 (f)). The law does not require that the requested materials be provided within a particular period of time. However, PDE encourages school districts to work cooperatively with their homeschooling families in this regard in order to assist these families in providing a good educational experience to their children. In addition, some state and regional home education organizations hold curriculum fairs periodically so families can see and buy other materials. Many materials are available through teacher supply shops and directly from publishers.

When does my child need standardized tests?

Students in grades 3, 5 or 8 must be given a nationally normed standardized achievement test in reading/language arts and mathematics or the PSSA. The results of these tests must be in their portfolios. (24 P. S. 13-1327. 1 (e)(1)).

What standardized tests fulfill that requirement?

PDE has established a list of nationally normed standardized tests which fulfill this requirement, per the law. See BEC 24 P.S.13-1327.1 for the list; (24 P.S.13-1327.1(e)(II) for the law.

Can my child have special accommodations when taking the nationally normed or state tests?

You are responsible for determining whether the test publisher allows for accommodations on the particular test you’ve chosen and to ensure that the publisher’s policies are followed.

When is the portfolio due?

Each student's portfolio of records and materials, standardized test results (when required or if otherwise desired), and annual written evaluation of educational progress must be provided to the superintendent of the public school district of residence by June 30th of each school year. (24 P.S. 1-102) The superintendent may request the portfolio of records and materials, standardized test results and evaluation any time prior to June 30th if the superintendent has a reasonable belief that appropriate education is not occurring. (24 P.S. 13-1327.1(h)).

What are the home education requirements for students with disabilities?

The supervisor of a home education student who has been identified as needing special education services pursuant to the Individuals with Disabilities Education Act (IDEA), must have a certified special education teacher or licensed clinical or certified school psychologist’s approval of the home education program. This requirement does not apply to students who have been identified as gifted or talented. (24 P.S. 13-1327(d)).

What responsibilities does the school district have for students with special needs?

If you believe your child is disabled and in need of special education services, but has not been evaluated, the school district in which you reside is required to evaluate the child, without charge, when you make such a request in writing. The district must hold a multi-disciplinary evaluation meeting with you to explain the results of the evaluation.
If you desire special education services, you may enroll your child in the public school to receive a free, appropriate public education, or you may ask the school district to provide service(s). If you ask for services, then you and the school district may come to an agreement as to what services will be provided and where. The school district is not obligated to provide special education services if you do not enroll your child, however. Any services which are agreed to may be provided in a public school or private school which is licensed to provide such programs and services; these services will not be provided in your home. (24 P.S. 13-1327(d)).