Originally Sent: 9/18/2014

From the HSLDA e-lert service…
Home School Legal Defense Association

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New Form for -08s? What Should I Do?

Homeschooling in Ohio.

Contact us with any questions.



HSLDA staff attorney Mike Donnelly helps protect homeschool freedom in your community.
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Dear Ohio Members and Friends,

HSLDA has been contacted by a number of our members regarding a new form that the Ohio Department of Education (ODE) appears to be sending to all -08 schools. This form requests additional information from schools that have provided the ODE a copy of the report to parents that is required by OAC 3301-35-08.

It is our position that this information is not required. The ODE has requested the information in order to “register” -08 schools. However, it has been HSLDA’s position that the “registration” process the ODE operates for -08 schools is not required nor even contemplated by the law.

HSLDA’s position is that the failure of an -08 school to appear on the registry does not indicate that the school is illegitimate, although failing to appear on the registry may interfere with the -08 school’s ability to qualify for PSEO funding programs. As a reminder, homeschool students are now eligible for PSEO funding opportunities. For information about this visit the ODE website.

By way of background, for nearly 25 years numerous Ohio parents have formed non-chartered, non-tax-supported schools for the purpose of complying with Ohio’s compulsory attendance law. This practice is distinct from homeschooling under OAC 3301-34.

Between 2005 and 2008 HSLDA represented hundreds of families in negotiations and hearings over the -08 school option which the ODE contested. The matter was finally resolved with the ODE agreeing not to change the current regulation and to stop contesting the issue.

Many states have several approaches for parents to comply with the compulsory attendance laws, including the formation of a private school. HSLDA believes in the freedom for parents to select from as many options as possible when making decisions about educating their children. In Ohio, we’re pleased to report forming a school to privately educate children under the -08 regulation is still an approach for those who qualify.

HSLDA has developed a productive working relationship with staff at the ODE, we have contacted them, and we hope to be able to clarify soon. If you have submitted the necessary paperwork for this year as required by the regulation and have otherwise complied with the law, your children are exempt from the compulsory attendance law.

We will keep you informed about this as we obtain more information from the ODE and encourage you to contact us if you have any other questions.

Thank you for the opportunity to serve you and your family.

Very Truly Yours,

Mike Donnelly

Michael Donnelly
HSLDA Staff Attorney

P.S. We greatly value you and your support—it is a privilege to serve you! If you or someone you know is not a member of HSLDA, will you consider taking a moment today to join or recommend us? Your support enables us to defend individual families threatened by government officials and protect homeschooling freedom for all. Join now >>


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Home School Legal Defense Association • P.O. Box 3000 • Purcellville, Virginia 20134-9000
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