This week the Ohio State Board of Education finished a seven month process to review and revise Ohio’s home education regulations. It is the first time since the regulations went into effect August 1, 1989 that any revisions have been made. All administrative rules in the Ohio Department of Education undergo a “five year review cycle.” All previous reviews of the home education rules did not yield any recommendations from the ODE for revisions. This time the revisions (posted below) were minor technical changes. The process, however, undergirds the fundamental importance of being attentive to board policy and especially being involved in the election of members of our State Board of Education. This month more than one half of the Board was comprised of brand new members, some elected and some appointed by Governor Strickland. We will post the bios of each member and identify the elected districts which will be on the ballot in 2010 in a separate post.

OAC 3301-34-01 (A)

Final revision (in red) - “Licensed or certified Teacher” means a person who holds a valid Ohio teaching license or certificate, excluding the certificate issued under section 3301.071 of the Revised Code.

Rationale for amendment – State law regarding professional credentialing of teachers has shifted from a system of certification to a system of licensure. This revision is not a shift in policy for home educating parents. It will only affect teachers who serve home educating families in the application of the assessment rule. It is a technical change that brings this rule in compliance with recent changes in state law.

OAC 3301-34-04 (B)(1)

Final revision (in red) -

The academic assessment report shall include one of the following:

(1) Results of a nationally normed, standardized achievement test.

(a) Such test shall be administered by:

(i) A licensed or certified teacher; or …

(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 licensed or certified teacher; or…

Rationale for amendment – The assessment requirements previously referenced rule # 3301-12-02, which was deleted because that rule as it pertained to assessments affecting home educators no longer exists. The statements previously referencing “certified teachers” needed to be amended to include a reference to “licensed teachers”

Note: A full copy of the revised Ohio Administrative Code governing home education, 3301-34-01 through -06, will be posted shortly at www.cheohome.org. Please download these revised rules and retain them in your home education files.

These two revisions were technical in nature and offer no change in policy regarding home education in Ohio. The significance of this should not be understated. The Ohio Department of Education received 8,733 comments from the public, of which the majority asked that no changes be made to the rules governing home educated students. CHEO deeply appreciates the involvement of thousands of citizens in this process and also the professionalism of ODE staff, especially Kim Murnieks, Chief Program Officer in the ODE’s Center for School Options and Finance. We are especially grateful to the State Board of Education for honoring the requests of Ohio citizens and preserving the fundamental right of parents to direct the education of their children.

Please note from the discussion below that the extensive public comments received by the Department played a key role in protecting the home education regulations from any substantive policy revisions. Our sincere appreciation is extended to each person who took the time to submit a comment to the Ohio Department of Education. Your participation made a big difference.

The process is not complete.  It is always possible that unexpected suggestions for revisions may be made by board members at any time until the final vote is taken in January. We don’t expect this to happen, but we will post an update after each board meeting to keep you informed.

State Board of Education Achievement Committee

Presentation by the Ohio Department of Education

Home Education Rules – Suggested Revisions

September 8, 2008

Committee Chair, Ann Womer Benjamin: Now we’re going to the home education rules, which are up for a five-year review, which is required under statute. So, this is very pro forma. Of the rules that have been reviewed there are only two that are being amended. Those amendments are simply, from what I understand, to correct references and bring generally those two rules up to date. And we have people here who will tell us exactly what those changes are. Thank you.

Associate Superintendent Stan Hefner:  Thank you Madame Chair. To make the presentation, I would like to introduce to the committee Kim Murnieks…This is for informational purposes only today… then maybe, Kim, we could end up with a little bit of a preview of what the calendar looks like for the rule adoption…

Chief Program Officer Kim Murnieks:  Thank you Stan, members of the committee, Chairwoman Ann Womer Benjamin. The rules in Ohio Administrative Code chapter 3301-34 – Excuses from Compulsory Attendance for Home Education – are up for a five year review per the rules for the Joint Committee on Agency Rule Review. As was discussed, the Department has reviewed the current rules and we did take public comment on the current rules, and have determined that there are essentially two technical changes that we do need to make at this point to update the current rules.

The first rule has to do with the fact that the licensure rules for teacher certification and licensure have been updated.  We now, instead of certifying teachers, we typically license teachers.  So, we want to update the rule in two places in rule -01 and in -04 there are references to certified teacher. We want it to say licensed or certified teacher.  The other technical change is in -04. There is a reference in rule -04(B)(1) to nationally normed standardized achievement tests, which meet the requirement in 3301-12-02.  3301-12-02 is a rule that used to exist that talked about nationally normed standardized achievement tests. That rule no longer exists.  It was actually was rescinded in 1996 in that form. So, we think that it is time to update the home education rule and remove that outdated reference.

We are recommending that the remaining home education rules -02, -03, -05, and -06 be filed with JCARR as no change rules …The plan is to come back, to have the actual text of the rules at the committee meeting next month. As Stan indicated, the schedule, which appears on page 3 under your Achievement Committee tab, is for the intent resolution in October, the rules would then be filed with JCARR in November, a public hearing in December, and then the final adoption of the rules as proposed to be amended in January 2009.

Ann Womer Benjamin: So just to be clear, of all the home education rules, only two of them are suggested for amendment. Those are technical amendments. All the rest are suggested to remain the same.  I assume that the public comment did not seek any change in the other rules and that the two rules that are being suggested for amendment were not controversial.

Kim Murnieks:  Chairwoman Ann Womer Benjamin, that is correct. We did receive extensive public comment. We received over 8,000 comments, largely from parents that are current home educators, who expressed satisfaction with the current balance in the rule. Based on the reading of the current rules and the review of the public comments, the ODE is recommending just these two technical changes to bring the rules up to date.

Ann Womer Benjamin:  Mr. Brown.

Committee member Virgil Brown:  The reference in the rule to certified teacher – is that required for home educators?

Kim Murnieks: Mr. Brown. Chairwoman Womer Benjamin. The home education rule does require an academic assessment annually, and that academic assessment can take the form, either of a standardized nationally normed test and submitting the results from that test, or the review of a portfolio of the student’s work by a certified teacher.  We want it to say licensed or certified teacher.

Ann Womer Benjamin:  Are there any other questions?  Ok. Thank you very much for your presentation.

Kim Murnieks:  Thank you.