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.
ACTION NEEDED
1. Go visit
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 response.
BACKGROUND
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!
Sincerely,
Michael P. Donnelly, Esq.
HSLDA Staff Attorney
