Guide To Pa Homeschool Law - Phaa
GUIDE TO PA HOMESCHOOL LAWHOWARD AND SUSAN RICHMANJuly 26, 2020, EditionEMAIL: phaa.office@gmail.comPHONE: 724-783-6512WEBSITE: www.phaa.orgBYGuide to PA Homeschoolers Diploma (Online Edition) by Howard B. Richman and Susan P. Richman. Copyright byPennsylvania Homeschoolers Accreditation Agency (PHAA). Portions of this guide may be copied, but the copies maynot be sold except with permission of PHAA. The picture on the cover was drawn by Molly Richman
How the Law Came to BeTable of Contents“The President of the Senate said, ‘Sen. Loeper moves thatthe Senate will concur on the amendments placed by theHouse in Senate Bill 154. On the motion . the Clerk willcall the roll.’Clerk: Afflerbach.Sen. Afflerbach: Aye.President: Are there negative votes? Are there negativevotes on the motion to concur with the House amendments?The clerk will now proceed with the roll call. . The vote ofconcurrence is ayes 49, nays 0, the majority having voted inthe affirmative. The amendments are concurred with andthe House shall certify.Gallery [seats up in a balcony which look down on thesenate floor]: One second pause, and then applause. Ittook us a second to realize what had just happened.Sen. Loeper: We have with us a group of ParentEducators of Pennsylvania, parent educators from allacross Pennsylvania. We have sixty plus in the gallery, andwe’d like to welcome you to the gallery, and we’re glad youenjoyed your legislative success.At this point the homeschoolers who were filling thegallery stood up and applauded. The senators, several atfirst, and then all of them, stood facing the gallery, andapplauded us.A few minutes later Don Wolf, a reporter, told BobFinley, ‘I have covered the capitol for a long time, but Ihave never before seen the senators give a standing ovationto the gallery!’”-From “Story of a Bill”, by Howard RichmanAnd so our homeschooling law finally passed in theSenate in October 1988, after four and a half strenuousyears of lobbying-- years begun with the premature hopesthat our legislative effort would be quick and simple.Before the law passed, Pennsylvania prosecuted morehomeschoolers than any other state. School districtsuperintendents decided whether or not to allowhomeschooling in their school districts, and many did not.After 1988, prosecution of homeschoolers almostcompletely stopped. Homeschoolers set their ownobjectives, kept portfolios, and arranged for end of yearevaluations of their programs, often by former-teachers whowere also homeschooling parents. Superintendents couldchallenge the evaluators’ determinations, but rarely did.In November 2005, Senate Bill 361 gave homeschoolersaccess to public school sports and other extra-curricularactivities on the same basis as public school sttudents.In October 2014, House Bill 1013 removed the power ofthe school superintendents to challenge the evaluators’determinations and recognized diplomas awarded byparents, while continuing to recognize the diplomasawarded by homeschool diploma organizations.The homeschool law has changed over time, but it hasremained a law in which parents can homeschool so long asa teacher or former teacher agrees that they are giving theirchildren an appropriate education.21. Filing Your Affidavit. 31.1 Who Must File. 31.2 How to File.3Affidavit form . 5-62. Resources for Writing Objectives .72.1 Susan Richman’s Objectives. 72.2 Barb Snider’s Objectives .82.3 Another Set of Objectives .82.4 Our High School English Goals.92.5 Distance Courses, Co-ops, Private Teachers. 92.6 PA Department of Education.93. Extra Requirement for Handicapped Children.103.1 Sample Approval Letter .104. Keeping a Portfolio .114.1 Daily Log .124.2 Portfolio Album .134.3 Sharing Your Portfolio .165. Testing .175.1 Testing Options .175.2 Sources for Private Testing .175.3 PSSA Testing .175.4 Be Sure to Test Early .176. Evaluations6.1 Qualifications of Evaluators .186.2 Choosing an Evaluator .186.3 Evaluation Procedures .196.4 Evaluator’s Roles .196.5 The Written Evaluation .19Sample contract between parent & evaluator.217. Graduation .227.1 Getting a Diploma. 227.2 Parent-Issued Diploma . 227.3 Organization Diploma . 227.4 PHAA Diploma . 228. Taking Part in Extracurriculars .238.1 Public School Sports and Activities. 238.2 Homeschool Extra-Curriculars . 239. Legal Procedures .249.1 What You Do When You Move. 249.2 The June 30 Deadline . 249.3 Mid-Year Evaluation Requests . 249.4 Due Process Hearings & Appeals . 249.5 Child Dependency Prosecutions . 2510. Health Services Requirements.2610.1 Checkups at School.2610.2 Doing It Yourself .2610.3 Religious Exemption .2611. Using Requirements to Gain Perspective.27
1. Filing Your AffidavitA notarized affidavit of the parent orguardian or other person having legalcustody of the child or children, filed priorto the commencement of the homeeducation program and annually thereafteron August 1 with the superintendent of theschool district of residence and which setsforth: the name of the supervisor of thehome education program who shall beresponsible for the provision of instruction;the name and age of each child who shallparticipate in the home educationprogram; the address and telephonenumber of the home education programsite; that such subjects as required by laware offered in the English language,including an outline of proposed educationobjectives by subject area; evidence thatthe child has been immunized inaccordance with the provisions of section1303(a) and has received the health andmedical services required for students ofthe child’s age or grade level in ArticleXIV; and that the home education programshall comply with the provisions of thissection and that the notarized affidavitshall be satisfactory evidence thereof.The affidavit shall contain a certificationto be signed by the supervisor that thesupervisor, all adults living in the homeand persons having legal custody of a childor children in a home education programhave not been convicted of the criminaloffenses enumerated in subsection (e) ofsection 111 within five years immediatelypreceding the date of the affidavit. — Act169 of 1988compulsoryattendanceage.InPennsylvania, this means that you do nothave to file for children who are under 6unless that child has already attendedschool in first grade or above, or you havefiled for the child in the past. (Kindergartendoes not count as school attendance.)family Bible, other states officialimmunizationdocuments,International Health Certificate,immigration records, physicianrecord, school health records, andother similar documents orhistory.1.2 How to FileFor example, the Private Physician’sReport form included at the end of Chapter8 could be attached.Some parents whose children havealready been in school will attach a note:“Immunization records were presented tothe XYZ School District when the childattended Kindergarten at ABC ElementarySchool.” People who have already filedone home education affidavit with theschool district will sometimes attach anote:“Immunizationrecordswerepresented with the initial home educationaffidavit filed in 1997.”Ifyoudonotbelieveinimmunizations, just simply attach astatement in writing signed by you, theparent or guardian, saying that you objectto such immunization. Title 28 section23.84 of the Pennsylvania Code specifiesthis religious exemption:Children need not be immunizedif the parent, guardian, oremancipated child objects inwriting to the immunization onreligious grounds or on the basisof a strong moral or ethicalconviction similar to a religiousbelief.1.1 Who Must FileAny written document showingthe date of immunization — thatis, baby book, Health Passport,1. Notarize Affidavit. Fill out theaffidavit form and get it notarized. You canphotocopy and fill out the two pageaffidavit form included on the next pages.2. Recommended but not Required.Include the children’s grade level on thepart of the form that requires the child’sname and age if you are indeed sure oftheir grade level. Some districts mayappreciate at least a brief note from theparent noting that an 8 year old who is filedas a third grader has already completed 2ndgrade work at home.3. Objectives. Make a list ofobjectives for each child by subject area.Be sure to include at least one objective foreach required subject. Your list ofobjectives may not be rejected by theschool district so long as you list at leastone objective for each required subject.Attach the list with a staple or a paper clipto the notarized affidavit. See Chapter 2 forhelp with writing your objectives.4. Immunizations. Each time you filean affidavit, you must attach evidence thatyour child has been immunized against: chickenpox (2 doses) diphtheria, tetanus & pertussis (4 doses) hepatitis B (3 doses)The day after you file your affidavit measles, mumps and rubella (2 doses)you can begin homeschooling legally in polio (4 doses)Pennsylvania. You can file your firstAlso, additional vaccines are required foraffidavit at any time, but after that youentry into 7th grade:must file a new affidavit each year byAugust 1. There is an affidavit that you can tetanus, diphtheria and pertussisprint out and use on pages 5 and 6 of this meningococcal vaccineguide. Also, the Pennsylvania Department Also for entry into 12th grade, studentsof Education has two sample affidavits on need another dose of meningococcaltheir website:vaccine. (A dose received at 16 years of One is for students in grades 1-6age or older will count as the 12th grade The other is for students in grades 7-12dose.)Most people send their affidavits to the[Note: if your child has had chickenlocal superintendent by certified mail. The pox, you do not have to vaccinate forreturn receipt from the post office proves chicken pox if you include a statement thatthat the superintendent received the your child has already had the disease.]affidavit. Other people take the affidavit toTitle 28 section 23.82 of thethe school district and get a receipt in Pennsylvania Code describes a number ofperson from the school superintendent’s alternative ways to present immunizationsecretary.records:You do not need to file an affidavit forany child who has not yet reached the3If your child is deemed to have a medicalproblem which may contraindicateimmunization, get a physician to write anote saying that immunization might bedetrimental to the health of your child, andattach that note to your affidavit.5. Medical Checkups. You havesworn in your affidavit that aComprehensive Health Record is beingkept for your child. This means that eitheryou or a school nurse has a file folderwhere the health records (for therequirements described in Chapter 8) arekept.Inaddition,manyschoolsuperintendents interpret the language ofthe law to mean that you need to attachevidence to your affidavit that you havebeen complying with the health andmedical services requirements. This mayone day be tested in court. In order to avoida problem we recommend that you attachto your affidavit receipts from dentists ordoctors, filled-in copies of the medical ordental forms included in Chapter 8, or even
a note saying that you have scheduled anappointment with a doctor, dentist, orschool nurse. The PA Department ofEducation has confirmed that districts dohave the right to see this sort of evidence,although HSLDA contests this.6. Optional. Attach a written requestthat the school district lend you text books,planned courses, and/or other materials.Then, call the school district and set up anappointment where you could pick up thosematerials. The school districts must lendyou materials if you request them. Sincethe school districts are lending youmaterials, not giving them to you, you mustreturn them when you are done with them.This means that they do not have to giveyoupaper, workbooks, or otherconsumable materials which you would notreturn. Very few districts will have anyextra teacher guide materials to lend, asthey only purchase enough for their ownteachers.7. Handicapped Children. Parentswhose children have been classified ashandicapped (special education other thangifted) must include a letter with theiraffidavit from a special education teacheror a psychologist. See details in Chapter 3.If you want your handicapped child toparticipate in a school’s special educationprogram, attach a written request that your4child be permitted to participate in theschool district’s or local intermediate unit’sspecial education program. If you and theschool district or intermediate unit canwork it out, your child can participate at apublic school or a private school licensedto provide special education services.9. Send by Certified Mail. Mail theaffidavit to the school district by certifiedmail return receipt requested. You probablywon’t hear anything back from the schooldistrict. Your receipt from the post office isevidence that they received it.10. Keep a Copy. Make a photocopyof everything to keep for your records.
AFFIDAVIT OF THE SUPERVISOR OF A HOME EDUCATION PROGRAMThe compulsory education section of the Pennsylvania school code states:It is the policy of the Commonwealth to preserve the primary right of the parent or parents, orperson or persons in loco parentis to a child, to choose the education and training for such child.COMMONWEALTH OF PENNSYLVANIA)) SS:COUNTY OF )Before me the undersigned notary public, this day personally appeared, being first duly sworn on oath, deposes and says:I attest that I am a parent or guardian or other person having legal custody of the child or childrenlisted below, that I am responsible for the provision of instruction in his/her/their home educationprogram in which the following courses are offered in the English language for a minimum of onehundred eighty (180) days of instruction or a minimum of nine hundred (900) hours of instruction atthe elementary school level or nine hundred ninety (990) hours of instruction at the secondaryschool level, and that the home education program is otherwise in compliance with the provisionsof the Public School Code:At the ELEMENTARY SCHOOL LEVEL the following courses shall be taught: English, to includespelling, reading, and writing; arithmetic; science; geography; history of the United States andPennsylvania; civics; safety education, including regular and continuous instruction in the dangersand prevention of fires; health and physiology; physical education; music; and art.At the SECONDARY SCHOOL LEVEL the following courses shall be taught: English, to includelanguage, literature, speech and composition; science; geography; social studies, to include civics,world history, history of the United States and Pennsylvania; mathematics, to include generalmathematics, algebra, and geometry; art; music; physical education; health; and safety education,including regular and continuous instruction in the dangers and prevention of fires. Other coursesmay be included at the discretion of the supervisor.I also attest that each child in the home education program has received the health and medicalservices required by Article XIV of the Public School Code and that a comprehensive health recordis being maintained for each child. I also attest that I have a high school diploma or its equivalent,and that all adults living in the home and persons having legal custody of a child or children in thehome education program have not been convicted, within five years immediately preceding thedate of the affidavit, of the criminal offenses enumerated in subsection (E) of section 111 of theschool code. These offenses relate to criminal homicide, aggravated assault, kidnapping, unlawfulrestraint, rape, statutory rape, involuntary deviate sexual intercourse, indecent assault, indecentexposure, concealing a death of child born out of wedlock, endangering welfare of children, dealingin infant children, corruption of minors, and sexual abuse of children. They also include felonyoffenses relating to prostitution and related offenses, and felony offenses relating to obscene andother sexual materials.
Attached is:1. An outline of proposed education objectives by subject area.2. Evidence that each child has been immunized or has a religious or medical exemption fromimmunizations.3. Evidence of supervisor’s graduation from High School or College or attainment of a GeneralEquivalency Diploma (GED).4. If a child in the home education program has been identified pursuant to the provisions of theeducation of the handicapped act as needing special education services, excluding those studentsidentified as gifted or talented, then also attached is written notification of approval from aPennsylvania-certified special education teacher, or a licensed clinical psychologist, or a certifiedschool psychologist that this program addresses the specific needs of the student.Name of Supervisor of Home Education ProgramAddress of Home Education Program SiteCity State Zip CountyPhone Number of Home Education Program SiteName and Age of Each Child who shall Participate in the Program:SignatureSubscribed and sworn before me this day dateNOTARIZATION:Notary PublicFile with SuperintendentSchool District of Residenceprior to commencement of theHome Education Program andannually thereafter on August 1st.
2. Resources for Writing Objectives[The affidavit includes] an outline ofproposed education objectives by subjectarea. . . . The required outline of proposededucation objectives shall not be utilizedby the superintendent in determining if thehome education program is out ofcompliance with this section and section1327. — Act 169 of 1988When you file your notarized affidavit,you must attach a list of objectives that youplan to meet over the year. Your list mustbe arranged by subject area. Your affidavitcannot be rejected because of perceivedinadequacies as long as you have coveredevery subject. In other words, you are notseeking approval of your particularprogram, but rather letting officials knowthat you do indeed have plans anddirections. Many parents would want toinclude goal statements about theirreligious beliefs as they affect particularsubject areas, and this is certainly fine,although not required. The localsuperintendent cannot try in any way tomake you exclude religious education.The sample affidavit included at theend of Chapter 1 lists the required subjectareas for elementary students (grades 1through 6) and secondary students (grades7 through 12). It is clear from the practiceof secondary schools that not all subjectsare expected every year. For example,algebra is usually taught one year whilegeometry is taught another. Since onlythree years of mathematics is required forgraduation from a home educationprogram, it is clear that mathematics onlyneed be taught for three of the four highschool years. Elementary schools usuallyteach each required subject every year,except for PA History which is customarilytaught in the 4th grade. Parents who use acorrespondence school curriculum withelementary school students will often haveto supplement the “scope and sequence”with objectives for art, music, physicaleducation, Pennsylvania history, fire safety,or other areas which are required byPennsylvania law, but not provided in thecurriculum.Some parents get objectives directlyfrom the materials that they plan to use.They take chapter titles, and turn them intoobjectives and study topics.Some parents negotiate the writtenobjectives with their children so that theobjectives become goals that the childrenwill work toward. For example, when Tomand Madalene Murphy wanted to studyAmerican history with their son Christian,they asked him what parts of Americanhistory he wanted to concentrate on.Christian was fascinated by automobilesand machines, especially the StanleySteamer. So the written objective was,“Christian will increase his knowledge ofAmerican history, particularly the periodduring which the Stanley Steamer waspopular.”This objective allowed thefamily to plan activities like reading booksabout the Stanley brothers and aboutTheodore Roosevelt and to take advantageof events like a TV biography of TheodoreRoosevelt and a local museum fair that justhappened to include a 1915 StanleySteamer.Some parents do not list specific textsor source materials with their objectives—that will come after the fact in yourportfolio. Objectives can be written in abroad and general enough way toencompass many possible materials.The remainder of this section includeslists of objectives that you might want toadapt when you put together your ownobjectives. Don’t feel that you have toreinvent the educational wheel here; feelfree to borrow when appropriate.2.1 Susan Richman’s ObjectivesIf you write your objectives in a broadenough way, they will give you theflexibility to jump wholeheartedly intounplanned projects during the year. Hereare a sampling of some of the more flexibleobjectives that Susan included in her list ofobjectives for our son Jesse in variousyears:MATH—Jesse will use problem solvingmathematics skills in daily life applications— when building, estimating distance,using money, counting and classifying,map reading, solving “found” wordproblems in newspaper articles, usingcalculator when helping at our sales tableat conferences, etc.ENGLISH—Jesse will focus on an author ofchoice and read several works by thatauthor, comparing how the works aresimilar or different, how the authorchanged his approach or developed aconsistent style.GEOGRAPHY—Jesse will continue to utilize mapreading when we are on family trips,demonstrating use of scale, highway codes,direction, and understanding of how landformations dictate where roadways can belocated.SOCIAL STUDIES—Jesse will be involved in choosing aseries of independent study topics in the7Social Studies this year, developing hisresearch skills and question-raisingabilities. Jesse will continue to read andlisten to biographies, historical fiction,, andhistory/ geography books and magazinesrelating to chosen Social Studies themes.Jesse will help to choose the area offocused study. He will help plan projectsrelating to the area chosen, with a goalbeing to share his project at a springHistoryandScienceFairforHomeschoolers. It is our educationalphilosophy that these themes should not bediscreet “packages” of knowledge,completed and then forgotten, but insteadshould be readily related one to another,seeing the common links throughouthistory, the overlap of one area withanother.PHYSICAL EDUCATION—Jesse will continue to take part inregular daily physical activity aimed atdeveloping aerobic health, adequatemuscular strength, and flexibility. Ouremphasis is on introducing Jesse to lifelonghealthful activities that people of manyages can take part in.MUSIC—Jesse will continue to sing with ourfamily regularly, especially focusing on themusic of our folk heritage. Wheneverpossible, songs and music from a timeperiod studied in Social Studies will belistened to and learned, again striving forunity and interdisciplinary work. Jesse willcontinue to improve his voice quality andability to sing with good intonation andpitch. A special emphasis will be oncontinuing to learn to sing rounds in a largegroup setting, with possible performancepossibilities.2.2 Barb Snider’s ObjectivesHere are the sixth grade educationalobjectives written and submitted byhomeschooler Barb Snider with heraffidavit for her daughter Rebecca.ENGLISH, to include spelling readingand writing—Literature based sustained silentreading program—at least 45 minutesdaily.—Read aloud to preschoolers.—Reading from a variety of fiction,nonfiction, history, mythology, folk tales,biography, mystery, poetry, plays.—Improve spelling skills through theuse of a spelling list and correction ofspelling errors made.—Improve reference and study skills.—Learn about the resources and uses ofthe library.
—Improve grammar skills usingLearning Grammar Through Writing.—Sustained silent writing program—journals, letters, poems, essays, reports,etc.—Learn to correct her own writingusing Learning Grammar Through Writing.—Improve grammar skills throughtextbooks, tapes and games.ARITHMETIC—Improve her ability to manipulatewhole numbers through addition.—Improve her ability to use decimalsand fractions.—Improve her ability to solve wordproblems.—Improve her ability to understandand use mathematical relationships.—Improve her ability to solve moneyproblems.—Improve her measurement skills andher ability to solve problems involvingmeasurements.—Improve her graph reading ability.—Develop her ability to understandand use scale measurements.—Continue to use math in practicalapplications such as the kitchen, thegarden, the grocery store, traveling, etc.SCIENCE—To increase her knowledge of thescientific process.—Toencouragescienceexperimentation and child directedlearning.—To turn everyday experiences intoscience lessons (such as dissecting anonpoisonous snake that found its way intoa local greenhouse).—To encourage reading about scienceand scientists in a wide field of interest.—To encourage a love and respect fornature and an understanding of naturalprocesses.—To increase knowledge of naturethrough the use of guide books andresource persons.—To learn the use of science textbooksand other resources when needed.GEOGRAPHY, HISTORY, CIVICS—To develop a concept of history as acontinuum, through the use of a time linenotebook used from year to year, learningabout world history, United States history,and Pennsylvania history.—To develop an appreciation ofPennsylvania’s heritage through theunderstanding of Pennsylvania history andgeography. This will necessarily includethe use of books, magazines, maps, localresource persons, the library, travel, andother resources as we discover them.—Continue to develop her interest inall kinds of history through the use ofreading materials on World, United States,and Pennsylvania history and maps of theWorld, United States, and Pennsylvania.—Continue to develop her interest inPennsylvania and United States historythrough field trips.—Continue to develop her map andglobe use skills, especially of the UnitedStates, Pennsylvania, the Far East, FranklinCounty and local cities and towns.—Further develop her interest inhistory and acquaint her with those ofimport in history. She will read a variety ofbiographies, histories and historical fiction.—To stimulate her thinking abilities,we will use discussion, research andreading to compare and contrast differenthistorical figures, their times, cultures andcircumstances to come to a betterunderstanding of their place and impact onhistory.—Learn to use specific history, civicsand geography texts as needed.—Using field trips, she will beencouraged to appreciate and understandthe people and geography of our country.SAFETY EDUCATION (includingregular and continuous instruction in thedangers and prevention of fires)—Becomeknowledgeableaboutbicycle safety.—Become acquainted with andknowledgeable about emergency and firstaid procedures.—Become more knowledgeable aboutstranger safety.—Practice escape routes from ourhome in the event of fire.—Learn about fire prevention.—Become more knowledgeable aboutprocedures in the event of a fire in thehome, on her person, on a friend.—Become more knowledgeable aboutstreet and traffic safety.HEALTH AND PHYSIOLOGY—Increase her knowledge of the humanbody and its systems.—Improve her understanding ofpersonal hygiene, what it is, why it isnecessary.—Improve her understanding of dentalhygiene, what it is and why it is necessary.—Learn about health maintenance.—Increase her knowledge of goodnutrition and other areas affecting goodhealth.PHYSICAL EDUCATION—Continue to encourage gross and finemotor skill development.—Begin to develop an interest in, andfacility with activities that will serve toprovide opportunities to be physically andaerobically fit through her adult life.—Become acquainted with various8team sports including the rules to play by,good sportsmanship, and skills necessary toparticipate in the sports.—Continue to develop her ability withvarious individual activities such as bikeriding, running, gymnastics, jumping, etc.MUSIC—Continue with Suzuki piano lessons.—Continue to become acquainted withmusic history.—Increase he
the school superintendents to challenge the evaluators' determinations and recognized diplomas awarded by parents, while continuing to recognize the diplomas awarded by homeschool diploma organizations. The homeschool law has changed over time, but it has remained a law in which parents can homeschool so long as
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