Prior to the implementation of what is known as the Home Education Law in 1989, families choosing to educate their children at home were required to seek the approval of their school district superintendents.  Many were denied this approval.  Some families chose to homeschool without notifying the school district, "underground," while others challenged the districts openly.  As a result of a class action suit, filed on behalf of home educating families harassed by local school district administrators, the PA State Legislature enacted Act 169-1988.  It became effective immediately for those who did not have a pre-existing agreement with their school districts and for the 1989 school year for those already operating with an agreement.  The purpose of the MDHSA Booklet "Homeschooling and the Law" is to explain the requirements and pitfalls of the PA Home Education Law.  The advice on this website is intended to assist parents and is based on years of experience in working with a number of school districts in Pennsylvania.  It is not a substitiute for reading the Home Education Law, which can be found on this site.  It is not intended to constitute legal advice.  For a detailed explanation of the PA Home Education Law, Act 169-1988, please click on the MDHSA Law Guide on this website.

Law Summarized

The PA Home Education Law, Act 169-1988 requires that when a child reached compulsory attendance age or at the commencement of homeschooloing an older child and thereafter on August 1 of each year, that a parent or guardian ("supervisor") submits an affidavit and educational objectives to the local school superintendent.  The supervisor must have a high school diploma or equivalent and must "conduct school" either 180 days for all students OR 900 hours for elementary or 990 hours for secondary students.  A family may not homeschool if any person over the age of 18 living in the home has been convicted of certain criminal offenses in the previous 5 years.  At the end of the school year the supervisor must obtain an evaluation of a portfolio of materials from an evaluator who must also interview the student, review the portfolio, and provide a written evaluation certifying that the student is receiving an appropriate education, defined as "sustained progress in the overall program for the required amount of time."  The supervisor then submits the portfolio and a copy of the evaluation to the school district by June 30.

Do homeschoolers have to comply with No Child Left Behind? NO!

Some school districts are requesting information about homeschooled children under the mistaken assumption that the data must be collected in order to create an identifier for the each student to comply with No Child Left Behind (NCLB).

Home educating parents are under no obligation to provide this information for several reasons:

1. NCLB specifically exempts homeschoolers from the requirements imposed on schools, school districts, and states.
2. The law in Pennsylvania governing home education programs (homeschooling) specifies that homeschooled students are NOT public or non-public school students. Therefore home educated students are exempt from this program.

For more information about the data collection and student tracking, check out this link: http://www.pde.state.pa.us/ed_tech/cwp/view.asp?A=169&Q=117631

Your best defense against loss of freedom is to know what the law requires and to obey it. When requested to provide information about birth dates, Social Security numbers, or any other detail, the home education provision of the school code is clear. Home educating families must provide name of student, age, address and phone number of the home education program, and the name of the supervisor of the home education program.

Filing with the School DistrictHomeschooling in Pennsylvania requires a number of steps specified in Act 169-1988 to be filed "prior to the commencement of homeschooling and annually thereafter by August 1st". An affidavit A list of objectives Either evidence of medical services provided (a health form completed by your physician, dentist, or eye doctor) or a completed medical exemption form.

Be sure to check the Medical Services Required page to determine that the appropriate medical services for your child have been obtained. These include immunizations, health screenings, dental care, eye exams, and weight and height checks.

Portfolios
Upon commencing homeschooling, certain records must be maintained in your student's portfolio and shown to your evaluator. You must be able to demonstrate educating for the appropriate amount of time (180 days OR 900 hours for students age 8 through 6th grade; 180 days OR 990 hours for students 7th grade through age 17). This can be done with a check list of days on which school was "conducted" (an attendance record, for example, or a list of days by date if you wish), or a list of days and the hours during which school was conducted (if you choose to document hours instead of days). If your student is participating in a correspondence program or a diploma program, more extensive record keeping may be required but it is not necessary to submit this to the school district at the end of the year. You must show samples of the child's work that shows sustained progress in the overall educational program. This can be a sample from the beginning, middle, and end of the school year (three pages per core subject such as math, handwriting, etc). If your child is in 3rd, 5th, or 8th grade standardized test results must also be included in the portfolio. You must also maintain a reading list "kept contemporaneously with instruction". This means that as you use a book in your program (or your student uses a book!) you add it to the list. Some families choose to use a code system (ie: Bible - A, Grammar book -B) and next to the date of attendance list the codes for the books used. (ie: August 27 -A, B, D, G, & F) where the list looks like this: A- Bible B- Grammar for Daily Use C- Making Math Meaningful D- Dictionary of the English Language E- Spelling Power F- An Acorn in My Hand G- Teach Your Child to Read in 100 Easy Lessons As the year progresses, you will add to the list books you read to your child, or that your child reads.

You may, but are not required to, include in this list other resources used such as videos, games, discussions, field trips, audio tapes, etc. There may be days on which you do not use any books (a field trip day, for example). This is certainly acceptable. You should also list ANY book whether you were the primary user (as in An Acorn in My Hand) or the student was the primary user (as in a book read for pleasure).

Evaluations
When you are close to the end of your school year (and you are NOT required to keep the school calendar year!) you should schedule an evaluation. It is best to have chosen your evaluator early in the year and do so carefully. Call your home schooling friends and ask for referrals. REMEMBER that the evaluator works for YOU! You will be paying this person and YOU should be comfortable with his or her approach to your program. If you are not satisfied with the evaluation, you may throw it away and get another one. This can be expensive, however, so it is better to choose your evaluator carefully. Evaluators are free to impose whatever requirements that they choose. If an evaluator requires something that the law does not require, you do not need to comply. However, it would be best if you chose a different evaluator under those circumstances. Ask questions and get answers before signing on with an evaluator. Your evaluator is required to review your documentation and interview your child. You have the right to remain for the interview, although do allow your student to do the talking! After you have received your evaluation, read it carefully to be certain that it is accurate and that you are in agreement with it. It should say something like, "I have interviewed and reviewed the portfolio of xxxxxxx and certify that Mrs.xxxxxx has provided an appropriate education for the required amount of time and in the required subjects." It should be signed and dated. It may also include a list of the evaluator's qualifications.

Submitting information to the School District
Put the evaluation, the portfolio (consisting of the log (book/resource list), attendance record if you have one, and samples of your student's work) along with the test scores IF REQUIRED*, in a folder or notebook and deliver it to your superintendent. You should get a receipt for it as they are occasionally lost. This documentation should be submitted by June 30th of the current school year. Prepare your affidavit and objectives for the coming school year and submit them at the same time as you submit your portfolio for the current year. *Standardized testing is required in 3rd, 5th, and 8th grades ONLY. NOTE WELL!!!! The school district MAY NOT impose additional requirements on a home educating family. The evaluator may have additional requirements but the family does NOT have to meet those requirements. A different evaluator may be chosen. If your district imposes additional requirements (for example, requesting a copy of your high school diploma, or more samples of your student's work, or documenting that you had "school" for 5 hours per day) contact Mary Hudzinski for help.

If you have any questions about this, please do not hesitate to contact Mary Hudzinski.for help.

Receiving Social Security Benefits
In recent years, there has been some question as to the eligibility of children involved in home education to receive child’s benefits under the Social Security Code. Families choosing to homeschool their children should have no fears concerning their ability to receive benefits under the current law. These families are completely protected under §404.367 of the Social Security Code. This section states, “You may be eligible for child’s benefits if you are a full-time elementary or secondary school student.” The code then institutes qualifications as to who can be considered a full-time elementary or secondary student, stating that one has to “attend a school which provides elementary or secondary education as determined under the law of the state or other jurisdiction in which it is located.” Home school children are said to be in compliance with this regulation if they (a)(1) “… are instructed in elementary or secondary education at home in accordance with the home school law of the State or other jurisdiction in which [they] reside.” Furthermore, home school students must carry (b) “… a subject load which is considered full-time for day students under standards and practices set by the State or other jurisdiction in which [they] reside.” (The full text of §404.367 is available on-line at http://www.ssa.gov/OP_Home/cfr20/404/404-0367.htm .) According to Social Security Administration Policy RS 00205.275 , student benefits are payable if: the student is a full time student; the state in which the home school is located recognizes home schools as an educational institution; the home school is in compliance with state requirements for home schools; and the student meets all other requirements for benefits. This policy goes on to say, “The child’s home school instructor must submit evidence that state requirements for home schooling are met. The home schooling instructor is the certifying school official for FTA purposes on Form SSA-1372, Student’s Statement Regarding School Attendance.” http://www.ssa.gov/online/ssa-1372.pdf.