25 votes

Ohio Senators Throw Haymaker at Homeschooling

http://www.cheohome.org/legislative-information-2/legislativ...

This law would put an onerous amount of power into the hands of children's services in determining who can home-school and who can't. Some say it only applies to open children's services cases, but who decides when a case is open?

There isn't much chance of this passing, but it would be terrible if it did. Ohio recently considered some changes to the amount of homeschooling oversight and it was roundly defeated, the only change being a single updated bit of terminology that neither side disagreed with, but the fact that the lawmakers were being watched closely enough that so much consideration was put into this insignificant change tells me this wild clutch at power isn't going to go far.

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Lawmaker Withdraws “Worst

Lawmaker Withdraws “Worst Homeschool Bill in U.S. History”
http://www.dailypaul.com/308397/lawmaker-withdraws-worst-hom...
http://benswann.com/wp-content/plugins/top-10/timthumb/timthumb.php?src=http%3A%2F%2Fbenswann.com%2Fwp-content%2Fuploads%2F2013%2F12%2Fteddyslaw.jpg&w=292&h=195&zc=1&q=75

...

Foster children get the most abuse. The question is, Are children more likely to be abused by their parents or by random strangers?

More information on Dyncorp aka CPS
http://pennypincherpersonalfinance.blogspot.com/2011/08/cps-...

All rights reserved and no rights waived.

Or educated in

Gun free zones?

The actual bill

As Introduced

Senator Cafaro

Cosponsors: Senators Brown, Turner, Schiavoni

A BILL

To amend sections 3313.60, 3314.06, and 3321.04 and to enact sections 2151.4210, 2151.4211, 2151.4212, 2151.4213, 2151.4214, 3314.063, 3321.042, and 3321.043 of the Revised Code to require a public children services agency to recommend whether a child should be admitted to an internet- or computer-based community school or excused by a school district superintendent from attendance at school for home education.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 3313.60, 3314.06, and 3321.04 be amended and sections 2151.4210, 2151.4211, 2151.4212, 2151.4213, 2151.4214, 3314.063, 3321.042, and 3321.043 of the Revised Code be enacted to read as follows:

Sec. 2151.4210. As used in this section and sections 2151.4211, 2151.4212, 2151.4213, and 2151.4214 of the Revised Code, an "internet- or computer-based community school" has the same meaning as in section 3314.02 of the Revised Code.

Not later than five business days after a public children services agency receives a notification under section 3314.063 or 3321.042 of the Revised Code, the agency shall do the following:

(A) Conduct an in-person meeting with the person who submitted an application for a child's admission to an internet- or computer-based community school or who made the request for a child to be excused from attendance at school for instruction at home;

(B) Conduct an in-person meeting with the child for whom an application for admission to an internet- or computer-based community school was submitted or with the child for whom the request to be excused was made, separate from the meeting required under division (A) of this section;

(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 person who submitted an application for a child's admission to an internet- or computer-based community school or who made the request for a child to be excused from attendance at school;

(2) The child for whom an application for admission to an internet- or computer-based community school was submitted or the child for whom the request to be excused from attendance at school was made;

(3) Any other person who resides with the child for whom an application was made for admission to an internet- or computer-based community school or with the child for whom the request to be excused from attendance at school was made.

Sec. 2151.4211. (A) A public children services agency shall recommend against granting admission to an internet- or computer-based community school or granting the excuse from attendance at school for instruction at home requested under division (A)(2) of section 3321.04 of the Revised Code, if either of the following occurs:

(1) Based on the in-person meetings conducted under division (A) or (B) of section 2151.4210 of the Revised Code, the agency determines it is not in the best interest of the child to grant admission of the child to an internet- or computer-based community school or grant the excuse from attendance at school;

(2) The statewide automated child welfare information system contains a record or report of any investigation at any time involving any of the persons identified in divisions (C)(1), (2), and (3) of section 2151.4210 of the Revised Code.

(B) The agency shall submit its recommendation under division (A) of this section in writing to the chief administrative officer who submitted a notification under division (A) of section 3314.063 of the Revised Code or the superintendent who submitted a notification under section 3321.042 of the Revised Code.

Sec. 2151.4212. (A) When a public children services agency receives a notification under division (B)(3) of section 3314.063 of the Revised Code or division (C) of section 3321.043 of the Revised Code, the agency shall conduct an in-person meeting with the following at least two times during the school year for which the excuse was granted:

(1) The person who submitted the application for the child's admission to the internet- or computer-based community school or the person who made the request for a child to be excused from attendance at school for instruction at home;

(2) The child for whom an application for admission to the internet- or computer-based community school was submitted or the child for whom the request to be excused from attendance at school was made, separate from the meeting required under division (A)(1) of this section.

(B) The department of job and family services, in consultation with the department of education, shall adopt rules regarding the timing of the meetings required by this section.

Sec. 2151.4213. (A) The department of job and family services and the state board of education shall jointly develop an intervention program to assist families who seek to provide instruction to school age children via an internet- or computer-based community school or at home. The program shall include the following:

(1) Behavioral counseling sessions, in both individual and group settings, for all of the persons identified in divisions (C)(1), (2), and (3) of section 2151.4210 of the Revised Code.

(2) In-person classes on topics including parenting, decision-making, personal or household finance, and homeschooling;

(3) Any other services the department and the state board determine to be necessary for the success of the program.

(B) The department and the state board shall jointly develop a means of assessing participants in the intervention program to determine successful completion of the program.

(C) The department and the state board may jointly adopt rules, in accordance with Chapter 119. of the Revised Code, as necessary to develop and implement the intervention program.

Sec. 2151.4214. Notwithstanding sections 2151.4210 to 2151.4212 of the Revised Code, if a recommendation against admitting a child to an internet- or computer-based community school or granting an excuse from attendance at school for instruction at home has not been made by a public children services agency under section 2151.4211 of the Revised Code for at least four school years preceding the school year for which a request is made for the child, a public children services agency is not required to do the following:

(A) Conduct the meetings required under divisions (A) and (B) of section 2151.4210 of the Revised Code;

(B) Access the statewide automated child welfare system as required under division (C) of section 2151.4210 of the Revised Code;

(C) Conduct the meetings required under section 2151.4212 of the Revised Code.

Sec. 3313.60. Notwithstanding division (D) of section 3311.52 of the Revised Code, divisions (A) to (E) of this section do not apply to any cooperative education school district established pursuant to divisions (A) to (C) of section 3311.52 of the Revised Code.

(A) The board of education of each city, exempted village, and local school district and the board of each cooperative education school district established, pursuant to section 3311.521 of the Revised Code, shall prescribe a curriculum for all schools under its control. Except as provided in division (E) of this section, in any such curriculum there shall be included the study of the following subjects:

(1) The language arts, including reading, writing, spelling, oral and written English, and literature;

(2) Geography, the history of the United States and of Ohio, and national, state, and local government in the United States, including a balanced presentation of the relevant contributions to society of men and women of African, Mexican, Puerto Rican, and American Indian descent as well as other ethnic and racial groups in Ohio and the United States;

(3) Mathematics;

(4) Natural science, including instruction in the conservation of natural resources;

(5) Health education, which shall include instruction in:

(a) The nutritive value of foods, including natural and organically produced foods, the relation of nutrition to health, and the use and effects of food additives;

(b) The harmful effects of and legal restrictions against the use of drugs of abuse, alcoholic beverages, and tobacco;

(c) Venereal disease education, except that upon written request of the student's parent or guardian, a student shall be excused from taking instruction in venereal disease education;

(d) In grades kindergarten through six twelve, age-appropriate instruction in personal safety and assault prevention, except that upon written request of the student's parent or guardian, a student shall be excused from taking instruction in personal safety and assault prevention;.

The departments of education and job and family services shall jointly develop an age-appropriate curriculum that may be used for instruction in personal safety and assault prevention under division (A)(5)(d) of this section.

(e) In grades seven through twelve, age-appropriate instruction in dating violence prevention education, which shall include instruction in recognizing dating violence warning signs and characteristics of healthy relationships.

In order to assist school districts in developing a dating violence prevention education curriculum, the department of education shall provide on its web site links to free curricula addressing dating violence prevention.

If the parent or legal guardian of a student less than eighteen years of age submits to the principal of the student's school a written request to examine the dating violence prevention instruction materials used at that school, the principal, within a reasonable period of time after the request is made, shall allow the parent or guardian to examine those materials at that school.

(6) Physical education;

(7) The fine arts, including music;

(8) First aid, including a training program in cardiopulmonary resuscitation, safety, and fire prevention, except that upon written request of the student's parent or guardian, a student shall be excused from taking instruction in cardiopulmonary resuscitation.

(B) Except as provided in division (E) of this section, every school or school district shall include in the requirements for promotion from the eighth grade to the ninth grade one year's course of study of American history. A board may waive this requirement for academically accelerated students who, in accordance with procedures adopted by the board, are able to demonstrate mastery of essential concepts and skills of the eighth grade American history course of study.

(C) As specified in divisions (B)(6) and (C)(6) of section 3313.603 of the Revised Code, except as provided in division (E) of this section, every high school shall include in the requirements for graduation from any curriculum one-half unit each of American history and government.

(D) Except as provided in division (E) of this section, basic instruction or demonstrated mastery in geography, United States history, the government of the United States, the government of the state of Ohio, local government in Ohio, the Declaration of Independence, the United States Constitution, and the Constitution of the state of Ohio shall be required before pupils may participate in courses involving the study of social problems, economics, foreign affairs, United Nations, world government, socialism, and communism.

(E) For each cooperative education school district established pursuant to section 3311.521 of the Revised Code and each city, exempted village, and local school district that has territory within such a cooperative district, the curriculum adopted pursuant to divisions (A) to (D) of this section shall only include the study of the subjects that apply to the grades operated by each such school district. The curriculums for such schools, when combined, shall provide to each student of these districts all of the subjects required under divisions (A) to (D) of this section.

(F) The board of education of any cooperative education school district established pursuant to divisions (A) to (C) of section 3311.52 of the Revised Code shall prescribe a curriculum for the subject areas and grade levels offered in any school under its control.

(G) Upon the request of any parent or legal guardian of a student, the board of education of any school district shall permit the parent or guardian to promptly examine, with respect to the parent's or guardian's own child:

(1) Any survey or questionnaire, prior to its administration to the child;

(2) Any textbook, workbook, software, video, or other instructional materials being used by the district in connection with the instruction of the child;

(3) Any completed and graded test taken or survey or questionnaire filled out by the child;

(4) Copies of the statewide academic standards and each model curriculum developed pursuant to section 3301.079 of the Revised Code, which copies shall be available at all times during school hours in each district school building.

Sec. 3314.06. The governing authority of each community school established under this chapter shall adopt admission procedures that specify the following:

(A) That, except as otherwise provided in this section and section 3314.063 of the Revised Code, admission to the school shall be open to any individual age five to twenty-two entitled to attend school pursuant to section 3313.64 or 3313.65 of the Revised Code in a school district in the state.

Additionally, except as otherwise provided in this section, admission to the school may be open on a tuition basis to any individual age five to twenty-two who is not a resident of this state. The school shall not receive state funds under section 3314.08 of the Revised Code for any student who is not a resident of this state.

An individual younger than five years of age may be admitted to the school in accordance with division (A)(2) of section 3321.01 of the Revised Code. The school shall receive funds for an individual admitted under that division in the manner provided under section 3314.08 of the Revised Code.

(B)(1) That admission to the school may be limited to students who have attained a specific grade level or are within a specific age group; to students that meet a definition of "at-risk," as defined in the contract; to residents of a specific geographic area within the district, as defined in the contract; or to separate groups of autistic students and nondisabled students, as authorized in section 3314.061 of the Revised Code and as defined in the contract.

(2) For purposes of division (B)(1) of this section, "at-risk" students may include those students identified as gifted students under section 3324.03 of the Revised Code.

(C) Whether enrollment is limited to students who reside in the district in which the school is located or is open to residents of other districts, as provided in the policy adopted pursuant to the contract.

(D)(1) That there will be no discrimination in the admission of students to the school on the basis of race, creed, color, disability, or sex except that:

(a) The governing authority may do either of the following for the purpose described in division (G) of this section:

(i) Establish a single-gender school for either sex;

(ii) Establish single-gender schools for each sex under the same contract, provided substantially equal facilities and learning opportunities are offered for both boys and girls. Such facilities and opportunities may be offered for each sex at separate locations.

(b) The governing authority may establish a school that simultaneously serves a group of students identified as autistic and a group of students who are not disabled, as authorized in section 3314.061 of the Revised Code. However, unless the total capacity established for the school has been filled, no student with any disability shall be denied admission on the basis of that disability.

(2) That upon admission of any student with a disability, the community school will comply with all federal and state laws regarding the education of students with disabilities.

(E) That the school may not limit admission to students on the basis of intellectual ability, measures of achievement or aptitude, or athletic ability, except that a school may limit its enrollment to students as described in division (B) of this section.

(F) That the community school will admit the number of students that does not exceed the capacity of the school's programs, classes, grade levels, or facilities.

(G) That the purpose of single-gender schools that are established shall be to take advantage of the academic benefits some students realize from single-gender instruction and facilities and to offer students and parents residing in the district the option of a single-gender education.

(H) That, except as otherwise provided under division (B) of this section or section 3314.061 of the Revised Code, if the number of applicants exceeds the capacity restrictions of division (F) of this section, students shall be admitted by lot from all those submitting applications, except preference shall be given to students attending the school the previous year and to students who reside in the district in which the school is located. Preference may be given to siblings of students attending the school the previous year.

Notwithstanding divisions (A) to (H) of this section, in the event the racial composition of the enrollment of the community school is violative of a federal desegregation order, the community school shall take any and all corrective measures to comply with the desegregation order.

Sec. 3314.063. No internet- or computer-based community school shall admit any child unless and until the actions prescribed by divisions (A) and (B) of this section have been completed.

(A) The chief administrative officer of the school shall notify the public children services agency that serves the county in which the child resides of the application for the child's admission to the school. The notification shall include both of the following:

(1) The name, telephone number, and address of the person who submitted the application for admission and the child for whom the application was submitted;

(2) Any other materials related to the application in the chief administrative officer's possession.

(B)(1) The chief administrative officer of the school shall take one of the following actions, if the chief administrative officer receives a recommendation against granting admission of a child to the school from a public children services agency under section 2151.4211 of the Revised Code:

(a) Delay granting admission of the child who is the subject of the recommendation to the school until the person who submitted the application for admission to the school successfully completes an intervention program developed under section 2151.4213 of the Revised Code;

(b) Deny admission of the child to the school if the person who submitted the application for admission refuses to participate in or fails to complete an intervention program developed under section 2151.4213 of the Revised Code.

(2) If the chief administrative officer of the school receives notification that the person who submitted the application for the child's admission to the school has successfully completed an intervention program developed under section 2151.4213 of the Revised Code, the chief administrative officer may admit the child.

(3) If the chief administrative officer of the school admits a child under division (B)(2) of this section, the chief administrative officer shall notify the public children services agency that serves the county in which the child resides that the child has been admitted to the school.

Sec. 3321.04. Notwithstanding division (D) of section 3311.19 and division (D) of section 3311.52 of the Revised Code, this section does not apply to any joint vocational or cooperative education school district or its superintendent.

Every parent of any child of compulsory school age who is not employed under an age and schooling certificate must send such child to a school or a special education program that conforms to the minimum standards prescribed by the state board of education, for the full time the school or program attended is in session, which shall not be for less than thirty-two weeks per school year. Such attendance must begin within the first week of the school term or program or within one week of the date on which the child begins to reside in the district or within one week after the child's withdrawal from employment.

For the purpose of operating a school or program on a trimester plan, "full time the school attended is in session," as used in this section means the two trimesters to which the child is assigned by the board of education. For the purpose of operating a school or program on a quarterly plan, "full time the school attended is in session," as used in this section, means the three quarters to which the child is assigned by the board of education. For the purpose of operating a school or program on a pentamester plan, "full time the school is in session," as used in this section, means the four pentamesters to which the child is assigned by the board of education.

Excuses from future attendance at or past absence from school or a special education program may be granted for the causes, by the authorities, and under the following conditions:

(A) The superintendent of the school district in which the child resides may excuse the child from attendance for any part of the remainder of the current school year upon satisfactory showing of for either of the following facts conditions:

(1) That the The child's bodily or mental condition does not permit attendance at school or a special education program during such period; this fact is certified in writing by a licensed physician or, in the case of a mental condition, by a licensed physician, a licensed psychologist, licensed school psychologist or a certificated school psychologist; and provision is made for appropriate instruction of the child, in accordance with Chapter 3323. of the Revised Code;

(2) That the Both of the following:

(a) The child is being will be instructed at home by a person qualified to teach the branches in which instruction is required, and such additional branches, as the advancement and needs of the child may, in the opinion of such the superintendent, require. In each such;

(b) The requirements of sections 3321.042 and 3321.043 of the Revised Code have been satisfied.

In the case of division (A)(1) or (2) of this section, the issuing superintendent shall file in the superintendent's office, with a copy of the excuse, papers showing how the inability of the child to attend school or a special education program or the qualifications of the person instructing the child at home were determined. All such excuses shall become void and subject to recall upon the removal of the disability of the child or the cessation of proper home instruction; and thereupon the child or the child's parents may be proceeded against after due notice whether such the excuse be is recalled or not.

(B) The state board of education may adopt rules authorizing the superintendent of schools of the district in which the child resides to excuse a child over fourteen years of age from attendance for a future limited period for the purpose of performing necessary work directly and exclusively for the child's parents or legal guardians.

All excuses provided for in divisions (A) and (B) of this section shall be in writing and shall show the reason for excusing the child. A copy thereof shall be sent to the person in charge of the child.

(C) The board of education of the school district or the governing authorities of a private or parochial school may in the rules governing the discipline in such schools, prescribe the authority by which and the manner in which any child may be excused for absence from such school for good and sufficient reasons.

The state board of education may by rule prescribe conditions governing the issuance of excuses, which shall be binding upon the authorities empowered to issue them.

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. The notification shall include all of the following:

(A) The name, telephone number, and address of the person who made the request and the child for whom the request was made;

(B) The academic record of the child for whom the request was made only if and to the extent permitted by section 3319.321 of the Revised Code and the "Family Educational Rights and Privacy Act of 1974," 88 Stat. 571, 20 U.S.C. 1232g, as amended;

(C) Any other materials related to the request in the superintendent's possession.

Sec. 3321.043. (A) The superintendent of a school district shall take one of the following actions if the superintendent receives a recommendation against granting an excuse from attendance at school for instruction at home from a public children services agency under section 2151.4211 of the Revised Code:

(1) Delay excusing the child who is the subject of the recommendation from attendance at school until the person who made the request successfully completes an intervention program developed under section 2151.4213 of the Revised Code;

(2) Deny the excuse from attendance at school for the child if the person who made the request refuses to participate in or fails to complete an intervention program developed under section 2151.4213 of the Revised Code.

(B) If the superintendent receives notification that the person who made the request for the child to be excused from attendance at school has successfully completed an intervention program developed under section 2151.4213 of the Revised Code, the superintendent may grant the request.

(C) If a superintendent grants a request under division (B) of this section, the superintendent shall notify the public children services agency that serves the county in which the child resides that the child has been excused from attending school for instruction at home.

Section 2. That existing sections 3313.60, 3314.06, and 3321.04 of the Revised Code are hereby repealed.

Columbus, Ohio

Wow! Did you see what's in curriculum requirements?

(Unrelated to homeschooling.) Sec. 3313.60.D below. Emphasis mine:

--------------------
(D) Except as provided in division (E) of this section, basic instruction or demonstrated mastery in geography, United States history, the government of the United States, the government of the state of Ohio, local government in Ohio, the Declaration of Independence, the United States Constitution, and the Constitution of the state of Ohio shall be required before pupils may participate in courses involving the study of social problems, economics, foreign affairs, United Nations, world government, socialism, and communism.
--------------------

Too bad *that* couldn't become part of the "common core" in all states.

When we try to pick out anything by itself, we find it hitched to everything else in the Universe.
~ John Muir

Message from my homeschool group

Fellow parents and homeschoolers,

Tragically, in January 2013, a boy in Akron died of abuse. Prior to his death, he was pulled out of public school, and because he was "homeschooled" by his mother, his father is fighting for extremely restrictive homeschooling laws to be added to Ohio's statutes.

A proposed law in the Ohio Senate would require families to undergo a home inspection and interviews with child protective services before being granted permission to homeschool. Right now, Ohio's laws assume parents know best, but this law would require parents to prove they aren't guilty of abusing their children, when there is no reasonable basis for suspicion. I'd guess that most abused and neglected children attend public school, since their numbers are much greater, but those families aren't under scrutiny. Couple that with the fact that test scores are leaps and bounds ahead for most alternatively-schooled children, and it becomes obvious how ridiculous this proposed law is.

Please call or write the senator who is proposing this measure and oppose this bill. The law would cause undue expense and expansion of government, and put additional burdens on the CPS division, perhaps keeping investigators from protecting children who are actually being abused. It will also assume guilt of innocent people. If the system is overtaxed, it may become easier for CPS to simply deny petitions to homeschool, which will curtail our freedoms further. This will negatively impact families whose children learn differently or thrive with individual attention, and those who homeschool because of religious beliefs. Please call today and every day and tell your friends!

RED ALERT: ALL OHIO HOME SCHOOLERS: Ohio Senate Bill 248

Columbus, Ohio

If someone has a better way to word this

I'll link it in this post and consider another post to be the active one on this topic. I don't think I articulated the full scope of the flail at power this represents. I'm a little too busy to get my head around all of it right now.

This'll be soundly defeated. The question is, how conditioned to audacious intrusion will this bid cause the final result to be?

Defend Liberty!

This bill goes way too far,

but I wouldn't be averse to some sort of home-based CPS meeting to rule out some crazy and/or abusive parent wanting to keep a child isolated.

When we try to pick out anything by itself, we find it hitched to everything else in the Universe.
~ John Muir

Problem with that is that

Problem with that is that anyone desiring to homeschool must be crazy and therefor must not be allowed to homeschool.

That's not true. And we can never let it become the case.

Nonetheless, child abuse is real, i.e., physical, emotional, and sexual abuse, also neglect. Daily, multiple children die from abuse and neglect. Here are a couple sources of statistics:
~ http://www.nationalchildrensalliance.org/NCANationalStatistics
~ https://www.acf.hhs.gov/sites/default/files/cb/cm11.pdf#page=57
I'm assuming elsewhere, too, as in NY, teachers are legally responsible to report to a principal students with black eyes, burns, or other indications of potential abuse. Obviously there are thousands of cases that go undetected, go unreported, or are reported w/out successful follow through. In any event, given that children have no defense against an abusive parent other than the intervention of another adult, I think it's appropriate for home-schooled children to occasionally be seen by CPS (or a pediatrician, or a psychologist) to see that things are copacetic. Nothing heavy, nothing invasive, but just to ensure that, if not a teacher, some other professional would at least have the opportunity to observe what a teacher would. In my personal experience, if anything, children who are home-schooled have more, not less, attentive parents. But for some children out there, school might be the only place they feel safe.

When we try to pick out anything by itself, we find it hitched to everything else in the Universe.
~ John Muir

99.9% of abuse occurs in

99.9% of abuse occurs in homes where kids are sent to government schools. Why not start there and use preemptive government intrusion?

Columbus, Ohio

No doubt ...

clearly people who enroll and surrender kids to government indoctrination institutions do not care about kids. I agree, start there and use preemptive government intrusion on known mentally ill citizens who have already demonstrated they do not care about kids.