Across the States
DOE Invents “Filing Deadline”
In a letter to homeschooling families, the Vermont Department of Education (DOE) has stated that notification forms must be submitted to the home study department by Labor Day in order for the home study program to “qualify” for the “minimum course of study” exemption.* This statement has now been incorporated into the DOE’s home study guidelines released in March of 2008.
While administrative agencies have the authority to interpret regulations, they may not invent new requirements that are not grounded in the law. In last year’s guidelines, the DOE stated that the notification form deadline was October 1. This year, the guidelines state that Labor Day is the deadline. Neither of these “deadlines” are contained in the law, nor are such deadlines necessary for the department to administer the regulations. In fact, the reason the legislature did not provide for a deadline was likely because it realized that home study programs will have different school calendars from each other and from public or private schools. This language is explicit in Vermont Statutes Annotated, Title 16, § 1121, which requires that children be enrolled in school for the duration of time that the specific school is in session. The law does not require that homeschools adopt the public school year.
Even though the Vermont Supreme Court has recognized that Vermont is not an “approval” state, it appears that the DOE is poised to exercise its authority by disapproving enrollment notices submitted for the minimum course of study exemption but received after Labor Day.
To avoid the possibility of a hearing, Home School Legal Defense Association suggests that homeschoolers comply with the state’s guidelines. However, HSLDA will defend families who do not submit a full minimum course of study after having earned an exemption and who have hearings called as a result of “lost exemptions” because of “late filings.”
In its guidelines, the DOE refers to a successful school year as one including a “timely notice.” In reality, the best thing the DOE could do for a successful school year is to enforce the law as written and stop inventing new requirements.
— by Michael P. Donnelly
* See “A plethora of forms”
Not Knowing the Law Spells T-r-o-u-b-l-e
After happily schooling their children at home for several years, a Vermont family discovered the importance of knowing their state’s home education laws. Because they were unaware of the state’s requirement that homeschooled children be enrolled in a home study program, the parents never filed with the Vermont Department of Education (DOE).
In December 2007, a local truancy officer contacted the family, threatening truancy charges if the proper paperwork was not completed.* The family immediately filed an enrollment notice. Not understanding the paperwork completely and in a hurry to get it in to avoid the possible truancy charges, the family submitted more paperwork than is required by law. They submitted both independent professional evidence (“Form B”) that their children did not have a disability and a description of adaptations they made to one child’s educational program in order to accommodate some learning difficulties. However, only one of the above forms is required per child. Upon receiving the family’s paperwork, the DOE called a hearing, alleging that it was unclear whether the child with the learning difficulties had a disability and that, if a disability did exist, the home study program was not appropriately accommodating the child’s disability.
Unsure of how to proceed, the family contacted Home School Legal Defense Association for assistance. Staff attorney Mike Donnelly represented the family during three days of testimony about the paperwork process, the family’s home study program, and the children’s abilities. Despite the DOE’s threats to prevent the children from being homeschooled, the hearing officer ordered that the DOE accept the family’s home study program enrollment notice. However, he also ordered a comprehensive special education evaluation for the child whose learning abilities were questioned—in spite of the testimony of education professionals that no further testing was needed at the time.
Though the family rejoices in being able to continue homeschooling, they are sobered by the realization that submitting paperwork the law did not require of them triggered a stressful legal process. HSLDA encourages all members to be aware of their state home education laws and to contact us with any questions so that we can help prevent situations such as this in the future.
— by Michael P. Donnelly
* See “A plethora of forms”
Printer Friendly Version
