| Homeschooling
is legal in all 50 states. When reviewing any law, remember that
amendments can be made and wording can be altered to affect us.
As a home educator, it is essential that you remain vigilant and
knowledgeable about the state and local laws that affect homeschooling.
This
page lists the laws as they are now and the process you use to begin
homeschooling in Ohio. It is very important for you to know these
regulations and to understand what they require and what they mean.
In order to be protected by our laws, you need to follow them.
The
regulations in Ohio have been successful for the last 20 years.
Ohio Law requires that regulations undergo a review every 5 years
to determine if changes are necessary. The last review took place
in 2008 and it was determined that no changes other than some administrative
clarifications were needed.
Disclaimer:
The ideas contained on this page are not intended to be
used as legal advice, but as an informative starting point.
It is essential that you verify any information that is pertinent
to decisions you make for yourself or your family. Consult an attorney
if you have unanswered questions. The links on this page are only
as accurate as their destinations. If you find an error, please
contact us.
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| ITEMS
OF INTEREST
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ABOUT
You may see this symbol sprinkled throughout pages
at this website. These symbols indicate links to the
writings of well seasoned Ohio homeschoolers.
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What
are the legal requirements for homeschooling in Ohio?
Ohio law does not specifically provide for home education; In
Ohio, homeschooling is regulated by the Ohio Administrative Code (OAC).
Our
Home Education regulations were
put into place by the State Board of Education and became effective on
August 1, 1989. The regulations in Ohio have been successful for the last
20 years and Ohio Law requires that regulations undergo a review every
5 years to determine if changes are necessary. The last review took place
in 2008.
Our
Home Education regulations are based on Ohio Revised Code Section 3321:
CHAPTER 3321: SCHOOL ATTENDANCE Section 04 (3321.04 Scope of obligation.).
Ohio
State Administrative Code carries the same effect as law and school districts
may not exceed, change or alter these standards in any manner.
The requirements specifically addressing home education became effective
on August 1, 1989. The exact text of the Home Education regulations can
be found at Ohio State
Administrative Code. (Go to Chapter 3301: Department of Education
- Administration and Director, then to Chapter 3301-34 Excuses from Compulsory
Attendance for Home Education.)
In
order to be protected by our laws, you must know what they are and how
not to stray too far from them. By
being well read on what human rights are, what the U.S. Constitution really
says, and what your State and local statutes have to say, you retain a
lot of your own civic power and help to ensure your personal freedoms.
A
link to the Ohio
Department of Education's page on home education. Lists their answers
to some of the policies homeschoolers encounter. Also there is a link
to Ohio's
Academic Content Standards.
Is
An Online Ohio Sponsored School Homeschooling?
There are many styles and methods of homeschooling. If
a family enrolls their child in any public education system—even
an online one—they are not homeschooling. They are, at that point,
having public school at home. The reason that it is essential to distinguish
the difference between these kinds of education programs is because the
rules and regulations that pertain to at-home public school programs are
very different from the regulations that pertain to homeschoolers. This
website does not deal with laws, legislation, or issues that pertain to
online public schooling in Ohio. [More
on this issue]
What
are all the regulations that can affect homeschoolers?
The exact text of the Home Education regulations can be found at Ohio
State Administrative Code. (Go to Chapter 3301: Department of Education
- Administration and Director.) The following headings list the regulation
headers pertinant to homeschooling in Ohio:
Chapter
3301-34
Department of Education, State of Ohio
Rules for Excuses from Compulsory Attendance for Home Education
3301-34-01 - Definitions
3301-34-02 - Statement of Purpose
3301-34-03 - Notification
3301-34-04 - Academic Assessment
3301-34-05 - Remediation
3301-34-06 - Placement in School |
What
is the notification process?
In
Ohio, homeschooling families are required to notify the local school district
of our intent to homeschool our children. We do not ask permission, and
there is no approval process. Sending a complete notification fulfills
a parent’s obligation, according to the law, and that family is
then officially a homeschooling family.
The
State of Ohio requires that we file specific information when we choose
to homeschool; however, the regulations do not specify precisely how the
information is to be provided. It
is the parent's choice as tohow this information will be provided. Here
is the information that is requested:
- School
year for which notification is made.
- Name
of parent.
- Address.
- Full
name and birth date of child(ren) to be educated at home.
- Assurance
that home education will include the following, except that home education
shall not be required to include any concept, topic, or practice that
is in conflict with the sincerely held religious beliefs of the parent:
(a) language, reading, spelling, and writing;
(b) geography, history of the United States and Ohio, and national,
state, and local government;
(c) mathematics;
(d) science;
(e) health;
(f) physical education;
(g) fine arts, including music; and
(h) first aid, safety, and fire prevention.
- Brief
outline of the intended curriculum for the current year. Such outline
is for informational purposes only.
- List
of textbooks, correspondence courses, commercial curricula, or other
basic teaching materials that the parent intends to use for home education.
Such list is for informational purposes only.
- Assurance
that the child will be provided a minimum of nine hundred hours of
home education each school year.
- Assurance
that the home education teacher has one of the following qualifications:
(a) a high school diploma; or
(b) the certificate of high school equivalence; or
(c) standardized test scores that demonstrate high school equivalence;
or
(d) other equivalent credential found appropriate by the superintendent;
or
(e) lacking the above, the home teacher must work under the direction
of a person holding a baccalaureate degree from a recognized college
until the child's or children's test results demonstrate reasonable
proficiency or until the home teacher obtains a high school diploma
or the certificate of high school equivalence.
- The
parent shall affirm the information supplied with his or her signature
prior to providing it to the superintendent.
 |
|
Sage:
Mary Nix.
Mary Nix authors the blog "The
Informed Parent" and has been an active advocate
for homeschooling in the State of Ohio for years. Mary also
is an editor and writer for Home Education Magazine. She
edits and writes the web based "HEM
Homeschool Support and Networking" at Home Education
Magazine. |
|
Can the local district ask for more that what is stated
above?
In
a word, no.
While
all school divisions must comply with state law regarding homeschooling,
they are allowed some latitude when determining local policy on certain
issues. This table outlines some common issues, where appropriate the
State Code is available on this issue. You will need to do your own research
in your district to understand if any of these kinds of issues affect
your homeschooling locally.
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Vaccinations
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In
Ohio, public school district boards of education are authorized
to make and enforce rules to secure the immunization of, and to
prevent the spread of communicable diseases among, the children
attending or eligible to attend the schools of the district,as in
its opinion the safety and interestof the public require (Ohio Revised
Code 3313.67: Immunization of pupils - immunization record - annual
summary).
Children
attending public schools or nonpublic schools that meet state educational
requirements must be immunized against mumps, poliomyelitis, diphtheria,
pertussis, tetanus, rubeola, rubella, and hepatitis B. Each child
beginning kindergarten during or after the 2006 school year must
also be immunized against chicken pox. Unless exempted from the
immunization requirements, a child cannot be permitted to remain
in school for more than 14 days unless the child presents written
evidence satisfactory to the school of having received the required
immunizations or being in the process of receiving the required
immunizations. (R.C.3313.671(A) Proof of required immunizations
- exceptions)
Download: Immunization
of Schoolchildren (An informational brief (.pdf format) prepared
for members of the Ohio General Assembly by the legislative service
commission staff. August 30, 2006)
Refer
to Ohio Revised
Code: TITLE [33] XXXIII EDUCATION -- LIBRARIES: CHAPTER 3313:
BOARDS OF EDUCATION:3313.67: Immunization of pupils - immunization
record - annual summary:
3313.67
Immunization of pupils - immunization record - annual summary
3313.671
Proof of required immunizations - exceptions.
Vaccine
Information Statements (VISs) are
information sheets produced by the Centers for Disease Control and
Prevention (CDC) that explain to vaccine recipients, their parents,
or their legal representatives both the benefits and risks of a
vaccine. |
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E-COT,
Cyber-School, OHVA |
| A
word about cyber-schools. |
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The
Compulsory School Age Cutoff |
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The
compulsory attendance laws require that your district superintendent
be notified where all children between the ages of 6 years old and
18 years old are being “educated.”. This age range is
the compulsory school age range, meaning these are the ages where
your children must be in school by state law. The laws vary by district
as to when your six year old needs to be in school.
A)(1)
As used in this chapter, “parent,” “guardian,”
or “other person having charge or care of a child” means
either parent unless the parents are separated or divorced or their
marriage has been dissolved or annulled, in which case “parent”
means the parent who is the residential parent and legal custodian
of the child. If the child is in the legal or permanent custody
of a person or government agency, “parent” means that
person or government agency. When a child is a resident of a home,
as defined in section 3313.64 of the Revised Code, and the child’s
parent is not a resident of this state, “parent,” “guardian,”
or “other person having charge or care of a child” means
the head of the home.
A child between six and eighteen years of age is “of compulsory
school age” for the purpose of sections 3321.01 to 3321.13
of the Revised Code. A child under six years of age who has been
enrolled in kindergarten also shall be considered “of compulsory
school age” for the purpose of sections 3321.01 to 3321.13
of the Revised Code unless at any time the child’s parent
or guardian, at the parent’s or guardian’s discretion
and in consultation with the child’s teacher and principal,
formally withdraws the child from kindergarten. The compulsory school
age of a child shall not commence until the beginning of the term
of such schools, or other time in the school year fixed by the rules
of the board of the district in which the child resides.
Refer
to Ohio Revised
Code: TITLE [33] XXXIII EDUCATION -- LIBRARIES: CHAPTER 3321:
SCHOOL ATTENDANCE: 3321.01 Compulsory school age - requirements
for admission to kindergarten or first grade - pupil personnel services
committee.
3321.01
Compulsory school age - requirements for admission to kindergarten
or first grade
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High
School Core Curriculum |
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Beginning
with the 2014-2015 academic year a resident of this state who entered
ninth grade for the first time on or after July 1, 2010, to begin
undergraduate coursework at the university only if the person has
successfully completed the Ohio core curriculum for high school
graduation.
Ohio
Core Curriculum As Passed by the 126th General Assembly (S.B. 311)
ACT SUMMARY
-
Establishes the Ohio Core curriculum of 20 specified units of
study as the minimum curriculum required for high school graduation
from all school districts, community schools, and chartered
nonpublic schools, beginningwith the Class of 2014.
- Permits
a student in the Classes of 2014 through 2017 who has not completed
the Ohio Core curriculum to graduate from high school only if
the student has satisfied certain alternative requirements.
- Excuses
students enrolled in certain dropout prevention and recovery
programs from the Ohio Core curriculum.
-
Requires school districts, community schools, and chartered
non public high schools to integrate economics and financial
literacy instruction intoa required social studies course or
another class.
- Requires
students who are subject to the Ohio Core curriculum to complete
two semesters of fine arts in any of grades 7 to 12 to graduate
from high school, except for students pursuing a career-technical
track.
(B) Beginning with the 2014-2015 academic year, each state university
listed in section 3345.011 of the Revised Code, except for Central
state university, Shawnee state university, and Youngstown state
university, shall permit a resident of this state who entered ninth
grade for the first time on or after July 1, 2010, to begin undergraduate
coursework at the university only if the person has successfully
completed the Ohio core curriculum for high school graduation prescribed
in division (C) of section 3313.603 of the Revised Code, unless
one of the following applies
Refer
to Ohio Revised
Code:TITLE [33] XXXIII EDUCATION -- LIBRARIES: CHAPTER 3345:
STATE UNIVERSITIES -- GENERAL POWERS: 3345.06 Entrance requirements
of high school graduates - core curriculum to State Universities:
3345.06
Entrance requirements of high school graduates - core curriculum
Download
the Final Analysis of S.B. 311
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Daytime
Curfew |
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Whenever
a board of township trustees considers it necessary to adopt a curfew
for persons under eighteen years of age in any of the unincorporated
areas of the township, the board may adopt a resolution setting
forth the provisions of the curfew and declaring the necessity for
it. Any person under the age of eighteen years who violates the
provisions of a curfew shall be apprehended and charged as being
an unruly child and taken before the juvenile court.
Refer
to Ohio Revised
Code: TITLE [3] III COUNTIES: CHAPTER 307: BOARD OF COUNTY COMMISSIONERS
-- POWERS: 307.71 Adoption of curfew.
(A) Whenever the adoption of a curfew for persons under eighteen
years of age is deemed necessary by the board of county commissioners
for the immediate preservation of the public peace, health, or safety
in any of the unincorporated areas of such county, the board of
county commissioners may adopt a resolution setting forth the provisions
of such curfew and the necessity for such curfew together with a
statement of the reasons for such necessity, and providing for its
enforcement within such unincorporated areas of the county. Upon
adoption of the resolution by a majority of the commissioners, the
resolution shall become effective immediately.
307.71
Adoption of curfew.
Refer
to Ohio Revised
Code: TITLE [5] V TOWNSHIPS: CHAPTER 505: TRUSTEES: 505.89 Curfew
- violations.
(B) Any person under the age of eighteen years who violates the
provisions of a curfew adopted in accordance with division (A) of
this section shall be apprehended and charged as being an unruly
child and taken before the juvenile court in the county in which
the violation occurred as provided in Chapter 2151. of the Revised
Code.
505.89
Curfew - violations |
Truancy:
Penalties for Violating Compulsory Attendance laws |
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The
attendance officer and assistants shall be vested with police powers,
may serve warrants, and may enter workshops, factories, stores,
and all other places where children are employed and do whatever
is necessary in the way of investigation or otherwise to enforce
the laws relating to compulsory education and the employment of
minors. The attendance officer shall institute proceedings against
any officer, parent, guardian, or other person violating laws relating
to compulsory education and the employment of minors, and otherwise
discharge the duties and perform any other service that the superintendent
of schools or board of education of the district by which the attendance
officer is employed considers necessary to preserve the morals and
secure the good conduct of school children, and to enforce those
laws.
Refer
to Ohio Revised
Code: TITLE [33] XXXIII EDUCATION -- LIBRARIES:CHAPTER 3321:
SCHOOL ATTENDANCE. 3321.17 Attendance officer and assistants - powers.
3321.17
Attendance officer and assistants - powers.
Refer
to Ohio Revised
Code: TITLE [33] XXXIII EDUCATION -- LIBRARIES:CHAPTER 3321:
SCHOOL ATTENDANCE: 3321.18 Enforcement proceedings.
3321.18
Enforcement proceedings.
Refer
to Ohio Revised
Code: TITLE [33] XXXIII EDUCATION -- LIBRARIES:CHAPTER 3321:
SCHOOL ATTENDANCE: 3321.19 Examination into cases of truancy - failure
of parent, guardian or responsible person to cause child's attendance
at school.
3321.19
Examination into cases of truancy - failure of parent, guardian
or responsible person to cause child's attendance at school.
For
more information on truancy read
on. |
Driver
Education |
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The
board of education of each city, exempted village, local, and joint
vocational school district may make a driver education course available
to high school students enrolled in the district
Refer
to Ohio Revised
Code: TITLE [33] XXXIII EDUCATION -- LIBRARIES: CHAPTER 3301:
DEPARTMENT OF EDUCATION: 3301.17 Driver education courses.
3301.17
Driver education courses.
3301.171
Driver education course fee. |
Participation
in Extra-Curricular Activity |
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"Participation
in high school sports is governed by the Ohio High School Athletic
Association. Those who are provided full-time home education,
in other words, NOT enrolled in a high school at least part time,
are generally not eligible for high school sports. Students who
receive only parttime home education and are enrolled at least
part-time in the school may have some eligibility and should work
with the schoolÕs athletic department to determine if the
student is eligible. Participation by home-educated students in
other school events, such as proms, clubs and other non-athletic
activities, is permissible solely at the discretion of the local
school district of residence."
Sources:
[ Home-Ed Fact
Sheet a PDF from ODE ] [PDF
Copy of ODE Home Edcuation page ] [ODE
home Edcuation page on this issue] (they should all say the
same thing)
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High
School Transfer Credit Procedure |
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Returning
to School & Part-time Home Education |
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"If
a parent who has been home-educating a child decides to enroll the
child into public school, the local district superintendent will
determine the appropriate grade level placement of the child and
will evaluate which credits may be applied toward the district's
requirements for graduation."
"A
parent of a child who has been excused from compulsory school attendance
for home education purposes may, with public school district approval,
enroll the child in a public school in the school district of residence
on a part-time basis. The option for part-time enrollment and related
policies is at the discretion of the local public school district."
Sources: [ Home-Ed
Fact Sheet a PDF from ODE ] [PDF
Copy of ODE Home Edcuation page ] [ODE
home Edcuation page on this issue] (they should all say the
same thing) |
What
do other homeschoolers do?
Regarding:
Notification Format - Form or Letter?
The
regulation code does not specify how you are to notify, though they do
offer the option of using a form in 3301-34-03 Notification (B) The information
required in paragraph (A) of this rule may be provided on a form prescribed
by the superintendent of public instruction.
The
form to which the regulations refer is a state-generated form provided
and developed by the superintendent of public instruction. There is only
one superintendent of public instruction in Ohio and that person works
for the Department of Education in Columbus, Ohio. There is no official
"Notification Form" that you must submit each school
year but there are several formats floating around. If you are going to
use a form, use one that is based on the regulations and contains only
the required information. One
good
example that looks as if it were cut directly from the Ohio State
Administrative Code OAC 3301-34-02 Statement of Purpose.
 |
USING
THE DISTRICT-CREATED FORM
by Sue Duncan |
Sage:
Sue Duncan.
Sue Duncan created (HS-ALERTS)
many years ago and they have been preserved and housed at The
Informed Parent blog, authored by Mary Nix of Northeast
Ohio. They were very timely and informative then and much of
that information and sage wisdom applies today. |
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Many
people simply write a letter that includes only the minimum required information.
You can download a sample PDF
or a Microsoft Word document.
Regarding
brief outline of curriculum and textbook list
The regulation code does not specify in detail the items you are to provide;
instead, the wording of the regulations leaves the outline open to interpretation.
The downside to this is that the interpretation can mean different things
to different people. The key is to remember that, if you provide more
than your neighbor does, it is possible that doing so could create an
expectation on the part of the administrators that more should
be provided. Remember that you are not seeking approval, kudos, or permission,
nor are you applying to homeschool. You are notifying the district that
you are exercising your right to homeschool your kids and you are complying
with the regulations by showing that home education will include the "prescribed"
subjects listed in 5.
| What
the regulations say:
3301-34-03
Notification
(A) A parent who elects to provide home education shall supply the
following information to the superintendent:
(5) Assurance that home education will include the following, except
that home education shall not be required to include any concept,
topic, or practice that is in conflict with the sincerely held religious
beliefs of the parent;
(a) Language, reading, spelling, and writing;
(b) Geography, history of the United States and Ohio; and national,
state, and local government;
(c) Mathematics;
(d) Science;
(e) Health;
(f) Physical education;
(g) Fine arts, including music; and
(h) First aid, safety, and fire prevention.
(6) Brief outline of the intended curriculum for the current year.
Such outline is for informational purposes only.
(7) List of textbooks, correspondence courses, commercial curricula,
or other basic teaching materials that the parent intends to use
for home education. Such list is for informational purposes only.
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Regarding Minimal Compliance
In order to be protected by our laws, you need to follow our
laws. Giving more information than the regulations ask for could make
it more difficult for yourself in the future, or could make it more difficult
for other homeschoolers. Also, we never use the words “apply,”
“permission,” “request,” or “approval”
in notification letters. Doing so only opens the door for an administrator
to claim that such words are appropriate and binding (which they are not).
Regarding
the Academic Assessment Options
When we homeschool, after the first year, we are required to
provide an academic assessment of the work of the our student(s) work
for the previous school year. Our regulations offer three methods. Use
the one you are most comfortable with.
| What
the regulations say:
3301-34-04
Academic Assessment
(A) The parent(s) shall send to the superintendent an academic assessment
report of the child of the previous school year at the time of supplying
subsequent notification.
(B) The academic assessment report shall include one of the following:
(1) Results of a nationally normed, standardized achievement
test which meets the requirements set forth in rule 3301-12-02
of the Administrative Code.
(a) Such test shall be administered by:
(i) A certified teacher; or
(ii) Another person mutually agreed upon by the parent(s) and the
superintendent; or
(iii) A person duly authorized by the publisher of the test.
(b) Results should demonstrate reasonable proficiency as compared
to other children in the district at the same grade level. Any child
that has a composite score at or above the twenty-fifth percentile
shall be deemed to be performing at a level of reasonable proficiency.
(2) A written narrative indicating that a portfolio of samples
of the child's work has been reviewed and that the child's
academic progress for the year is in accordance with the child's
abilities.
(a) The written narrative shall be prepared by:
(i) A certified teacher; or
(ii) Other person mutually agreed upon by the parent(s) and the
superintendent.
(b) The parent(s) shall be responsible of the payment of fees charged
for preparation of the narrative.
(3) An alternative academic assessment of the child's proficiency
mutually agreed upon by the parent and the superintendent. |
A
link to a form you can use if you choose assessment
option #1 - A Standardized Achievement test(from Ohio
Home Educators Network (OHEN)). Remember, you only need to send the
composite score for this option. [assessment
lingo explained]
A
link to a form you can print to use if you choose assessment
option #2 - A Written Narrative (from Ohio
Home Educators Network (OHEN)).
Assessing
Your Own - Ideas about using assessment option #3 - Alternative Assessment
Mutually Agreed upon.
This
option is involves a negotiation with your superintendent,
and only the superintendent. Remember that with this option you must not
do anything over and above what is outlined in the regulations. If you
do, the expectation might be for the next person that tries this option
might be set as high. The key here is in your negotiating skills and in
not submitting to anything over and above.
A
sample letter to the superintendent that you might start your negotiation
with:
Date
PARENT’S NAME
STREET ADDRESS
CITY/STATE/ZIP CODE
SUPERINTENDENT’S NAME
SCHOOL DISTRICT
STREET ADDRESS
CITY/STATE/ZIP CODE
Re: CHILD’s FULL NAME
School District of Residence
Dear [Current Superintendent]:
In
August [xxxx], I notified you of my intent to homeschool my child,
[name of student]. Now that the school year is almost over, I
am in the process of deciding which option to use for the annual
assessment as stated under section 3301-34-04 of the Ohio Administrative
code. After carefully reviewing OAC 3301-34-04 entitled Academic
Assessment, I have decided to exercise Option #3 that states,
"an alternate academic assessment of the child's proficiency
mutually agreed upon by the parent and the superintendent."
I would like to propose that I, [your name] mother and teacher
of [name of student], be the one to assess and sign the assessment
form as the other person mutually agreed upon by the parent and
superintendent. I feel I am the best-suited person to do this.
Please allow me to list the rationale and logic that led me to
this conclusion.
-
I am the one who selects our curriculum and learning materials,
supervises daily instructional hours and sets learning objectives.
-
I
have an intimate knowledge of my child's strengths and weaknesses.
With this insight I structure our learning environment so that
he may reach his fullest potential.
-
I
have the greatest vested interest in making sure my child's
education is of the highest standards. My goal is to produce
a well educated citizen who is appropriately suited for life
and has mastered the skills necessary to be a productive adult.
-
Because
I have the privilege of spending each day with my child, I get
to see the entire learning process, making me as qualified as
any outsider to gauge whether or not he has met his academic
goals. I see the frustration when he stumbles and the joy when
he succeeds.
-
I
do not believe that a certified teacher looking through a pile
of papers or interviewing my child once a year could possibly
have the evaluative knowledge that I do. I have been a homeschooling
mother for [number of years] years. The experience I have gained
gives me the greatest understanding of my child's learning abilities,
which leads me to be the best person to fully and thoroughly
assess my own child.
Since this option requires mutual agreement, I await your response
to this proposal. Thank you for you consideration of this matter.
I look forward to hearing from you soon.
Sincerely,
[Only
1 signature]
PARENT’S
NAME
STREET ADDRESS
CITY/STATE/ZIP CODE
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