DRAFT of DC Education Code For Homeschooling

5200.1 The provisions of this chapter are issued pursuant to D.C. Official Code Ñ 38-2601 et seq. (2007 Supp.), D.C. Official Code Ñ 38-202 (2007 Supp.), and D.C. Official Code Ñ 38-205 (2007 Supp.).

5200.2 Student records, documents, correspondence, and other materials received in accordance with the provisions of this chapter shall be reviewed pursuant to the Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. ž1232g; 34 CFR Part 99), and any other applicable District of Columbia or federal confidentiality statutes.

5200.3 The purpose of this chapter is to establish procedural rules to assist school authorities in fulfilling their responsibility under the District of Columbia's school attendance and reporting requirement laws under D.C. Official Code ž 38-202 (2007 Supp.), and D.C. Official Code ž 38-205 (2007 Supp.), and in determining that a child participating in a home schooling program is receiving regular, thorough instruction during the school year in the studies usually taught in the public schools to children of the same age.

5201.1 The Office of the State Superintendent of Education (OSSE) shall administer and implement the District of Columbia's Home Schooling regulations set forth in this chapter.

5202.1 A parent or legal guardian who chooses to teach his or her child at home shall initially provide written notification on an official form and in the manner prescribed by the OSSE which:

(a) Indicates consent to the requirements set forth in this regulation; and

(b) Shall be submitted to the OSSE at least 15, but not more than 30 days prior to the first date of home instruction.

5203.1 For each year in which a home schooling program continues, the parent or legal guardian shall file a Home Schooling Notification Form identifying each child being home schooled, no later than August 15th of each year.

5203.2 A parent or legal guardian shall immediately notify the OSSE in writing of any discontinuation of home schooling for any reason 15 days, not including Saturdays, Sundays, or District holidays, prior to discontinuation of home schooling.

5204.1 The home schooling program shall:

(a) Provide thorough, regular instruction of sufficient duration to implement the home school program; and

(b) Provide instruction that includes, but need not be limited to, language arts, mathematics, science, social studies, art, music, health, and physical education.

(c) Nothing in this chapter shall be interpreted to require that home schooling should include programs or methods used by the District's public schools. Nor shall any home schooling program be required to adhere to specific curricular frameworks or any other program of instruction adopted by the District's public schools.

5205.1 A parent or legal guardian who chooses to administer a home schooling program shall maintain a portfolio of home schooling materials for each child which includes evidence of the child's current work, such as examples of the child's writings, worksheets, workbooks, creative materials, assessments, or any other materials that demonstrate that the child is engaged in thorough, regular educational activiteis in a range of subjects.

5205.2 The portfolio shall be maintained for at least one year and made available for review by the OSSE upon written request.

5206.1 TheOSSE may, at its discretion, request to review the portfolio of home schooling materials as described in Section 5205, provided that the following requirements are met:

(a) The review is held at a time and place mutually agreeable to the representative of OSSE and the parent or legal guardian;

(b) There are not more than two (2) reviews during a school year; and

(c) The purpose of the review is to ensure that the child is receiving thorough, regular home schooling instruction, consistent with this chapter.

5207.1 Parents or legal guardians who wish to be their children's instructors must have a high school diploma or its equivalent.

5207.2 A parent or legal guardian who wishes to provide home schooling instruction and does not have a high school diploma or its equivalent may petition the OSSE for a waiver of section 5207.1. Such petition shall provide evidence of the petitioner's ability to provide thorough, regular home schooling.

5208.1 If upon review of the home instruction portfolio, the OSSE determines that a student is not receiving thorough, regular home schooling consitent with this chapter, the OSSE shall provide within 30 days of the review, not including Saturdays, Sundays, or District holidays, a written notification of deficiencies to the parent or legal guardian.

5208.2 A parent or legal guardian shall repond to the written notification of deficiencies no later than 30 days, not including Saturdays, Sundays, or District holidays, after the date of the written notification of deficiencies and provide the OSSE with evidence that each deficiency has been or is being corrected.

5208.3 OSSE shall notify the parent or legal guardian of its acceptance of the plan to correct deficiencies or the need for further modifications consistent with this chapter within five days, not including Saturdays, Sundays, or District holidays, after the date of receipt of the corrective action plan.

5208.4 In the event the plan fails to correct deficiencies to conform to the requirements of this chapter, the OSSE shall issue a letter of non-compliance which shall state the basis for its determination of non-compliance. The letter of non-compliance shall constiture OSSE's final action.

5208.5 Upon receipt of the OSSE letter of non-compliance, the parent or guardian shall immediately enroll the home schooled child in a public or non public school in compliance with Districtof Columbia law.

5209.1 A child receiving home schooling may participate in the regularly scheduled standardized testing programs that are administered in the public school the child is eligible to attend.

5210.1 If the OSSE determines, upon review of the home instruction program or inspection of the portfolio and any other information gathered about the program, that a student is not receiving regular instruction that meets the standards of this chapter and as established by the OSSE, the OSSE shall notify the parent in writing of any deficiencies.

5210.2 The parent or legal guardian shall have thirty (30) days from issuance of any letter of deficiency to correct all of the deficiencies enumerated in the letter to the satisfaction of the OSSE. The parent or legal guardian shall submit a plan of remediation which addresses the deficiencies in the child's achievement, and seeks to remedy said deficiencies. The plan shall be reviewed by the OSSE. The OSSE may require the parents to make changes in the plan prior to acceptance.

5210.3 If the OSSE, in its discretion, determines that the parent or guardian has not provided a satisfactory plan to correct the deficiencies or otherwise corrected them, the OSSE shall issue a non-compliance letter documenting its determination and the parent or guardian shall enroll the home schooled child in a public school within 14 calendar days. The parent or guardian shall provide written evidence to the OSSE within 14 calendar days that the child has been enrolled in a public school or a fully-licensed and accredited private school.

5213.1 Upon application of a child to enroll in a District of Columbia public school from a home schooling program, placement of the child and any credits to be awarded toward high school graduation shall be determined by evaluation. The evaluation may include administration of standardized tests, other examinations, and interviews with the child.

For the purposes of this sub-chapter, the term:

"Home Schooling Program" means a program conducted, in compliance with this chapter, by the Parent or Legal Guardian;

"OSSE" means the Office of the State Superintendent of Education, including any authorized OSSE designee.

"Parent or Legal Guardian" means such person having legal custody of the child or children.

"Public School" means a District of Columbia public school, including public charter schools.

All persons who desire to comment on these proposed rules should submit their comments in writing to

Deborah A. Gist
State Superintendent of Education
441 4th Street, NW
Room 350N
Washington, D.C. 20001
Attn: Ms. Stephanie Thomas
Private/HomeSchool Specialist
Policy and Research ANalysis

All comments must be received by the Office of the State Superintendent of Education not later than thirty (30) day after publication of this notice in the DC Register. Copies of this proposed amendment and related information may be obtained by writing to the above address, or by calling the Office of the State Superintendent of Education at (202) 727-6436.

Monica J. Brown
Senior Counsel
Office of the State Superintendent of Education
Attorney Work Product Privilege

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