PENNSYLVANIA: The state prohibits parents from homeschooling if they have committed a crime that would prevent them from teaching in a public school within the past five years. See 24 P.S. § 13-1327.1(b)(1). There is no background check; instead, parents sign an affidavit verifying that no adult living in the home has been convicted of the listed crimes. 

13-1327.1(b)(1). The affidavit [submitted prior to beginning home education] shall contain a certification to be signed by the supervisor [the person responsible for the provision of instruction, typically the parent] that the supervisor, all adults living in the home and persons having legal custody of a child or children in a home education program have not been convicted of the criminal offenses enumerated in subsection (e) of section 111 [which governs requirements for public and private school teachers] within five years immediately preceding the date of the affidavit.

While the prohibition is in line with our recommendations, the current statute relies on an honor system rather than mandating background checks as we would recommend. 

ARKANSAS: State statute prohibits homeschooling when a registered sex offender resides in the home; parents may petition the court to waive the restriction (see Ark. § Code 6-15-508). It is up to the school district to verify whether a sex offender is in the home when a notice of intent to homeschool is filed; not every school district does so. 

6-15-508. Home schooling prohibited if a sex offender resides in the home.
(a) No child may be home schooled if any person residing in the home with the child is required to register under the Sex and Child Offender Registration Act of 1997, § 12-12-901 et seq.
(b) Upon petition to the sentencing court from the child’s parent or guardian, the sentencing court may enter a written order specifically waiving the restriction in subsection (a) of this section. (c) This section shall not apply if the child to be home schooled is the person registered under the Sex and Child Offender Registration Act of 1997, § 12-12-901 et seq.

Currently, it is up to the school district to decide whether or how to verify whether a sex offender lives in the home. We would like to see this statute mandate a background check.  

(1) A parent is ineligible to operate a home education program if the parent, or any other adult residing in the home, has been convicted of any of the crimes designated in [reference for statute that lists crimes that render an individual ineligible to teach or work in a school].
(a) Upon receipt of a notice of intent to homeschool, the district school superintendent, or the district school superintendent’s agent, shall ensure that each adult residing in the home undergoes a background screening as required under [reference for statute that outlines the background check process for individuals who teach or work in a school].
(b) If the background screening reveals that the parent is ineligible to homeschool under subsection (1) of this section, the superintendent shall notify the parent and the student shall not be granted exemption from [reference to the compulsory attendance statute].
(c) A parent found ineligible to homeschool under subsection (1) of this section may petition [the court that has jurisdiction over family family cases] for an exemption, which may be granted based on a showing of changed circumstances.  

Most states have statutes regarding criminal offenses that render one ineligible to teach in a public school, and a background check process for school employees. The addition of background check to a homeschool statute can draw on these provisions.

PENNSYLVANIA: In November 2012, the state’s Task Force on Child Protection issued a set of Policy Recommendations. These included draft legislation that became Senate Bill 32 in the next legislative session. SB 32 would would have added this to the state’s code:

Section 223.1.  Duty to Notify County.–
(a)  The school district in which the child resides shall notify the county whenever a child enrolls in a home school program or cyber charter school, is truant or fails to register for school upon attaining compulsory school age if:
(1)  A child or another child in the child’s household has been the subject of a founded or indicated report or received general protective services within the last eighteen months.
(2)  The parent or other person the child resides with has been the subject of a report within the last eighteen months.
(b)  Upon receipt of the notice under subsection (a), the county agency shall promptly perform a safety and risk assessment. A subsequent safety and risk assessment shall be performed if the county agency has determined that a risk of abuse exists. If after a six-month safety and risk assessment it is determined that no risk of abuse exists, no further assessment may be made, except upon receipt of a report under 23 Pa.C.S. Ch. 63 Subch. B (relating to provisions and responsibilities for reporting suspected child abuse).

This provision would not have absolutely barred homeschooling in cases where there was a prior founded report or open case, but would have mandated that these students received monitoring to ensure that homeschooling was not being used to hide abuse. 

OHIO: Senate Bill 248 was introduced in December 2013 in response to the death of a homeschooled boy at the hands of his stepfather the previous January. The bill would have required a public children services agency to conduct interviews with all homeschooling parents and homeschooled students, and would have allowed this agency to recommend against homeschooling based on either these interviews or past investigations. 

Sec. 3321.042. Prior to excusing a child from attendance at school for instruction at home pursuant to division (A)(2) of section 3321.04 of the Revised Code, a superintendent of a school district shall notify the public children services agency that serves the county in which the child resides of the request for the child to be excused. 

Sec. 2151.4210. [Definitions.] Not later than five business days after a public children services agency receives a notification under section 3314.063 [relating to internet- or computer-based community schools] or 3321.042 of the Revised Code, the agency shall do the following:
(A) [Conduct an in-person meeting with the parent.
(B) [Conduct an in-person meeting with the child.] (C) Access or enter the statewide automated child welfare information system, established and maintained under section 5101.13 of the Revised Code, to determine whether any of the following are the subject of an investigation that has been documented in the system:
     (1) [The parent.]      (2) [The child.]      (3) [Any other person in the household.]

In requiring that every person in the household be interviewed by a public child services agency when beginning to homeschool, this legislation went beyond what we recommend. However, the use of a statewide automated child welfare information system to identify and flag a concerning history of investigations is in line with our recommendations.

KENTUCKY: Senate Bill 181, introduced in February 2017 in response to a horrific abuse case, would bar homeschooling in homes with a past founded abuse report. 

A new section of KRS Chapter 620 is created to read as follows: 

(1) Each parent, guardian, or other person who resides in the state, has in custody or charge a child, and:
(a) The parent, guardian, or other person has been found by the Cabinet for Health and Family Services to have abused or neglected a child; or
(b) An adult residing in the parent’s, guardian’s, or other person’s home has been found by the Cabinet for Health and Family Services to have abused or neglected a child; shall send the child in his or her custody or charge to a regular public day school as required under KRS 159.010.
(2) An exemption provided under KRS 159.030 or any exemption from subsection (1) of this section shall be approved by a court of competent jurisdiction.
(3) Any parent, guardian, or custodian who violates this section shall be subject to penalties under KRS 159.990.

Barring homeschooling in any case with a founded abuse report may seem inflexible, but by permitting an exemption to be approved by a court of competent jurisdiction, the legislation creates a requirement that protects children while offering room for extraordinary cases.

(1) A parent is ineligible to operate a homeschool if the parent, or any other adult residing in the home, has been found by [the local agency responsible for child welfare] to have abused or neglected a child.
(a) Upon receipt of a notice of intent to homeschool, the district school superintendent, or the district school superintendent’s agent, shall submit the names of all adults and all children residing in the home to [the local agency responsible for child welfare], which shall notify the school district superintendent, or the district school superintendent’s agent, if the parent is ineligible to homeschool under this section.
(b) A parent found ineligible to homeschool under subsection (1) of this section may petition [the court that has jurisdiction over family family cases] for an exemption, which may be granted based on a showing of changed circumstances.
(c) If [the local agency responsible for child welfare] finds that homeschooling was initiated within three months of an unfounded child abuse or neglect report, or within 5 years of 2 or more unfounded child abuse or neglect reports, this agency shall promptly perform a safety and risk assessment. If [the local agency responsible for child welfare] determines that a risk of abuse exists, this agency shall conduct regular monitoring of the family for at least 2 years.  (d) If the parent does not qualify for a safety and risk assessment under subsection (c), the submission of a notice of intent to homeschool is insufficient to initiate an investigation.

Local and state child protection agencies should be involved in crafting legislation to create any flagging system or risk assessments for at-risk homeschooled children.

PENNSYLVANIA: The state’s homeschool statute requires that evaluations of students’ academic portfolios, which are conducted by certified teachers or related professionals, must include an in-person interview with the child. See 24 P.S. § 13-1327.1(e)(2).

Sec. 1327.1. (e)  In order to demonstrate that appropriate education is occurring, the supervisor of the home education program shall provide and maintain on file the following documentation for each student enrolled in the home education program:
(1)  A portfolio of records and materials. …
(2)  An annual written evaluation of the student’s educational progress as determined by a licensed clinical or school psychologist or a teacher certified by the Commonwealth or by a nonpublic school teacher or administrator. … The evaluation shall also be based on an interview of the child and a review of the portfolio required in clause (1) and shall certify whether or not an appropriate education is occurring. At the request of the supervisor, persons with other qualifications may conduct the evaluation with the prior consent of the district of residence superintendent. In no event shall the evaluator be the supervisor or their spouse.

The statute prevents parents with the required qualifications (such as teacher certification) from evaluating their own children’s portfolios; however, this ban does not extend to other individuals related by blood or marriage. Also, the statute allows portfolios to be reviewed by nonpublic school teachers who are no longer teaching, which means evaluators may not always be mandatory reporters. Despite these limitations, the statute as written does ensure that students will have an annual conversation with an individual other than their parents. 

OREGON: State statute requires that homeschooled students take an approved test administered by a “qualified neutral person,” as defined by the State Board of Education, after grades 3, 5, 8, and 10. See ORS 339.035 and OAR 581-021-0026.

339.035 (3) Children being taught as provided in subsection (2) of this section shall be examined at grades 3, 5, 8 and 10 in accordance with the following procedures:
(a) The State Board of Education shall adopt by rule a list of approved comprehensive examinations that are readily available.
(b)(A) The parent or legal guardian shall select an examination from the approved list and arrange to have the examination administered to the child by a qualified neutral person, as defined by rule by the State Board of Education.

581-021-0026 Examination of Children Instructed by Parent, Legal Guardian or Private Teacher
(1) The following definitions and abbreviations apply to OAR 581-021-0026 unless otherwise specified within the rule:
(e) “Neutral person” means an individual selected by the parent or guardian of the child to be taught at home who has no relationship by bloodline or marriage to the child; 

The Oregon Department of Education maintains a list of “approved home school testers”; individuals must send a letter providing evidence of their qualifications to be added to this list. While not all of the individuals on the State Board of Education’s “qualified person” list are mandatory reporters in that state, requiring that tests be administered by a “qualified neutral person” ensures that students will have contact with an adult outside the family. 

ALASKA and IOWA: These states have programs, run out of school districts or regional offices, that provide homeschooling families with resources while requiring a certain level of contact with certified teachers, who serve to assist and advise parents. We recommend expanding programs of this nature; however, because these programs are voluntary they are not sufficient to ensure that every homeschooled child has mandatory reporter contact.  

MICHIGAN: House Bill 4498 was introduced in 2015 after two children were found in a Detroit freezer. This legislation would have required children to have documented meetings with a mandatory reporter such as a teacher, doctor, or member of the clergy twice per year. 

Sec. 1578. (2) In addition to the requirements of subsection (1), if a child is being educated at home, the child’s parent or legal guardian shall ensure that all of the following are met:
(A) The child meets in person at least twice a year with a physician, licensed social worker, physician’s assistant, individual employed in a professional capacity in any office of the friend of the court, school counselor or teacher, audiologist, psychologist, law enforcement officer, marriage and family counselor, member of the clergy, or regulated child care provider.
(B) The parent or legal guardian maintains and makes available upon request records of the meetings required under subdivision (A), including signed documentation from the individual meeting with the child. 

We recommended amending this legislation to require that documentation of these meetings be submitted to the school district at the end of each semester. 

IOWA: State File 138 was introduced in 2017 after the starvation death of a homeschooled teen. SF 138 would have required quarterly well-checks with all homeschooled children. 

Sec. 3. NEW SECTION. 299A.13 Health and safety visits.
1. The board of directors of a school district shall conduct quarterly home visits to check on the health and safety of children located within the district who are receiving competent private instruction or private instruction.
2. Home visits shall take place in the child’s residence with the consent of the parent, guardian, or legal custodian and an interview or observation of the child may be conducted. If permission to enter the home or interview or observe the child is refused, the juvenile court or district court upon a showing of probable cause may authorize the person making the home visit to enter the home and interview or observe the child.
3. The superintendent of the school district shall designate a person to carry out the duties assigned to the school district under this section. The person designated shall be a mandatory reporter, as defined in section 232.69, subsection 1. The school district may collaborate with the department of human services, including the local, county, and service area officers of the department, in conducting the home visit required under this section.
4. The department of education, in collaboration with the department of human services, shall provide guidelines to school districts for implementation of this section. 

After receiving feedback from the homeschool community and others, the author of the bill stated a desire to amend the legislation such that the quarterly well checks would take place at the school district office or the child’s local public school rather than in the child’s home.

(1) A parent homeschooling a child under [the homeschool statute] shall ensure that the child meets in person with a mandatory reporter at least once per semester.
(a) Meetings under this subsection shall take one of the the following forms:
(i) A regular medical examination by a physician at the physician’s regular medical office.
(ii) An evaluation of the student’s educational progress by a state certified teacher selected by the parent. This evaluation shall include an interview of the child.
(iii) A meeting at the school district office or a local public school with a designated homeschool liaison. This meeting shall include an interview with the child.
(b) The requirements of this subsection shall not be satisfied by a meeting with an individual related to the child by blood or marriage.
(c) The parent shall submit signed documentation of the meeting to the district school superintendent, or the district school superintendent’s agent, by the end of each semester as determined by [the school district’s calendar]. This documentation shall include the mandatory reporter’s contact information as designated by the school district. 

This system would ensure that homeschooled children have contact with mandatory reporters without being overly burdensome for responsibly homeschooling parents.

Pennsylvania: The state requires homeschooling parents to provide evidence annually that their children have had the same medical visits required for children who attend school. See 24 P.S. § 13-1327.1(e)(2).

13-1327.1(b)(1). A notarized affidavit of the parent or guardian or other person having legal custody of the child or children, filed prior to the commencement of the home education program and annually thereafter on August 1 with the superintendent of the school district of residence and which sets forth: … evidence that the child … has received the health and medical services required for students of the child’s age or grade level in Article XIV… 

Article XIV mandates comprehensive medical examinations during certain grades and dental examinations during other grades.

New Jersey: After the discovery of four starved adopted children in 2003, lawmakers introduced Assembly No. 1918, which would have required annual medical examinations:

2. The parents or guardians of a home-schooled child shall provide documentation to the resident district board of education no later than September 1 of each year that the child has undergone an annual medical examination.

This provision was designed to ensure that all homeschooled children in the state were seen annually by a doctor, to prevent gross abuse like that in the 2003 case.

(1) An annual notice of intent to homeschool shall include evidence that each child being homeschooled has received the health and medical services required for students of the child’s age or grade level in [state statute outlining medical requirements for children who attend public school].

This requirement would ensure that homeschooled students receive the same medical services as students who attend public school. In addition, it would ensure a minimum level of mandatory reporter contact.

Oregon: State law requires homeschooled children to take an approved test after certain grades, but allows children with disabilities to be assessed by a different measure. In order to qualify, children with disabilities must have either an individualized education program (IEP) through the school, or a privately developed program (PDP) created in concert with private services providers. See ORS 339.035 and OAR 581-021-0029.

ORS 339.035 Teaching by private teacher, parent or guardian; rules.
(5)(a) Notwithstanding the examination requirements of subsections (3) and (4) of this section, the parent or legal guardian of a child with a disability who has an individualized education program and is receiving special education and related services through the school district or who is being educated in accordance with a privately developed plan shall be evaluated for satisfactory educational progress according to the recommendations of the program or plan.

OAR 581-021-0029 Home Schooling for Children with Disabilities
(1) (d) “Privately developed plan” (PDP) means an individual plan developed by a team including the parent and one or more private service providers to address the educational needs of a child with a disability. A PDP shall include individual educational goals for the student and a statement indicating how satisfactory educational progress will be determined for the student.

Oregon allows homeschooled students with disabilities to receive services in their local public schools, expanding the resources available to these students. 

Pennsylvania: State law requires parents homeschooling children with identified disabilities to address the child’s special needs and to obtain approval from a special education teacher or clinical or school psychologist. See 24 P.S. § 13-1327 (d).

13-1327 (d) Instruction to children of compulsory school age provided in a home education program, as provided for in section 1327.1 of this act, shall be considered as complying with the provisions of this section, except that any student who has been identified pursuant to the provisions of the Education of the Handicapped Act (Public Law 91-230, 20 U.S.C. § 1401 et seq.) as needing special education services, excluding those students identified as gifted and/or talented, shall be in compliance with the requirements of compulsory attendance by participating in a home education program, as defined in section 1327.1, when the program addresses the specific needs of the exceptional student and is approved by a teacher with a valid certificate from the Commonwealth to teach special education or a licensed clinical or certified school psychologist, and written notification of such approval is submitted with the notarized affidavit required under section 1327.1(b). 

Pennsylvania’s provision only applies to homeschooled students with identified disabilities. 

North Dakota: The state’s homeschool statute lays out comprehensive requirements for homeschooling children with developmental disabilities, including the creation of a services plan team. Students who score below the 30th percentile on a standardized achievement test must be assessed for learning problems. See Chapter 15.1-23. 

15.1-23-11. Home education – Standardized achievement test – Results.
2. If the child’s basic composite score on a standardized achievement test is less than the thirtieth percentile nationally, a multidisciplinary assessment team shall assess the child for a potential learning problem under rules adopted by the superintendent of public instruction.

15.1-23-14. Child with a developmental disability – Home education.
A parent may supervise home education for a child with a developmental disability if:
1. The child has been determined to have a developmental disability by a licensed psychologist;
2. The child’s parent is qualified to supervise home education under this chapter; and
3. The child’s parent files with the superintendent of the child’s school district of residence:
4. A notice that the child will receive home education;
5. A copy of the child’s diagnosis of a developmental disability prepared and attested to by a licensed psychologist; and
6. A services plan developed and followed by the child’s school district of residence and the child’s parent; or, after providing written notice to the superintendent of the child’s school district of residence, a substitute services plan, developed and followed, according to section 15.1-23-15, by a services plan team selected by and compensated by the child’s parent.

15.1-23-15. Child with a developmental disability – Home education – Progress reports.
1. On or before November first, February first, and May first of each school year, a parent supervising home education for a child with a developmental disability under section 15.1-23-14 shall file with the superintendent of the child’s school district of residence progress reports prepared by the services plan team selected under section 15.1-23-14. If at any time the services plan team agrees that the child is not benefiting from home education, the team shall notify the superintendent of the child’s school district of residence and request that the child be evaluated by a multidisciplinary team appointed by the superintendent of the child’s school district of residence.

North Dakota’s requirements for homeschooling children with developmental disabilities or suspected learning problems are innovative and thorough. However, these statutes do not apply to children with physical disabilities.

(1) If a child being homeschooled has been diagnosed with a physical or developmental disability, the following shall apply:
(A) The annual notice of intent to homeschool submitted by the parent shall include:
(i) A copy of the child’s diagnosis of a physical or developmental disability prepared and attested to by a qualified professional; and
(ii) A services plan developed and followed by the child’s school district of residence and the child’s parent; or a substitute services plan developed and followed by a services plan team selected by and compensated by the child’s parent.
(B) On or before November first, February first, and May first of each school year, the parent shall file with the superintendent of the child’s school district of residence progress reports prepared by the services plan team selected under subsection (A) of this section.
(C) Any individual on the child’s services plan team selected under subsection (A) of this section must be certified or licensed by the appropriate governing body to provide services for the child’s developmental or physical disability. 

This provision would ensure that a homeschooled child with developmental or physical disabilities is receiving services for those disabilities.

Child Fatality Task Force Findings:

• Child Protection in Pennsylvania: Proposed Recommendations, November 2012
• The Nubia Report, Florida Department of Children and Families, March 2011
• State Child Fatality Review, North Carolina Division of Social Services, June 2008

Background checks:

• 24 P.S. § 13-1327.1(b)(1)
• Ark. § Code 6-15-508

Flagging system and risk assessments:

• PA Senate Bill 32 (2013)
• OH Senate Bill 248 (2013)
• KY Senate Bill 181 (2017)

Mandatory reporter contact:

• 24 P.S. § 13-1327.1(e)(2)
• ORS 339.035 and OAR 581-021-0026
• MI House Bill 4498 (2015)
• IA State File 138 (2017)

Medical care:

• 24 P.S. § 13-1327.1(e)(2)
• NJ Assembly No. 1918 (2004)

Disabilities:

• ORS 339.035 and OAR 581-021-0029
• 24 P.S. § 13-1327 (d).
• ND Chapter 15.1-23.

CRHE Testimony and Draft Legislation:

• At-Risk Children Draft Legislation (Florida)
• Written Testimony and Proposed Amendments (Virgin Islands)
• Testimony before Iowa Government Oversight Committee Members